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AB Code Supplement 37SUPPLEMENT NO. 37 June 2010 CODE OF ORDINANCES City of ATLANTIC BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 90-10-212, adopted March 8, 2010. See the Code Comparative Table—Ordinances for further information. Remove Old Pages Insert New Pages iii iii ix—xiii ix—xiii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 158.1-160.1 159-160.1 169-172 169-172 416.3-418 417-418.8 949-952.1 949-952.1 1109, 1110 1109, 1110 1163, 1164 1163, 1164 1351-1365 1351-1381 1403-1544 1403-1544 2003-2006 2003-2007 2053-2056 2053-2056 2101-2169 2101-2170 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MMunicipal Code Corporation PO Box 2235 Tallahassee, FL 32316 C800-262-2633 • Fax: 850-575-8852 ,Municod .com • info@municode.com OFFICIALS of the CITY OF ATLANTIC BEACH, FLORIDA Louis "Mike" Borno Mayor John L. Fletcher Mayor Pro Tem Paul B. Parsons Carolyn R. Woods Jonathan Daugherty City Commissioners Alan C. Jensen City Attorney James R. Hanson City Manager Donna L. Bartle City Clerk Supp. No. 37 iii TABLE OF CONTENTS Page Officials of the City iii Preface v Adopting Ordinance vii Checklist of Up -to -Date Pages [1] PART I CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers 1 Art. II. The Commission 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. 37 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 194 Div. 4. Service and User Charges 198 Art. VIII. Emergency Management 199 Div. 1. Generally 199 Div. 2. Comprehensive Emergency Management Plan 199 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 309 5. Beaches and Parks 353 Art. I. In General 353 Ari;. II. Beach Safety Zone 355 Art. III. Public Parks 355 6. Buildings and Building Regulations 407 Art. I. In General 407 Art. II. Building Code 407 Art. III. Electrical Code 418.1 Art. IV Plumbing Code 418.4 Art. V. Mechanical Code 418.6 Art. VI. Reserved 418.8 Art. VII. Numbering of Buildings 419 Art. VIII. Property Maintenance Code 421 Art. IX. Reserved 421 Art. X. Amusement Device Code 422 7. Fire Prevention and Protection Art. I. In General Art. II. Fire Prevention and Life Safety 469 469 469 8. Flood Hazard Areas 521 Art. I. In General 521 Art. II Administration 527 Supp. No. 37 g Chapter TABLE OF CONTENTS—Cont'd. Art. III. Flood Hazard Reduction Standards Page 530 9. Human Relations 577 Art. I. In General 577 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 Art. I. In General Art. II. Community Development Board 15. Police Art. I. In General Art. II. Disposition of Confiscated or Lost Property.. 839 839 839 891 891 891 16. Solid Waste and Recycling 943 Art. I. Solid Waste Definitions and Procedures 943 Art. II. Franchise Agreements 952 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. N 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 Supp. No. 37 xi ATLANTIC BEACH CODE Chapter Page Div. 2. Enforcement 1226 Art. III. Wrecker Service 1228 Art. IV. Motor Vehicle Title Loans 1230 22. Utilities 1275 Art. I. In General 1275 Art. II. Waterworks System 1277 Art. III. Wastewater System 1284.4 Div. 1. Generally 1284.4 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1286.2 Div. 4. Building Sewers and Connections 1288.1 Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer User Rates and Charges 1295 Div. 8. Sewer System Extensions 1299 Art. IV Stormwater Management 1301 Div. 1. Generally 1301 Div. 2. Rates and Charges 1305 23. Protection of Trees and Native Vegetation 1351 Art. I In General 1351 Art II. Language and Definitions 1352 Art. III. Tree and Vegetation Regulations 1360 Div. 1. In General 1360 Div. 2. Administration 1360 Div. 3. Permits 1362 Div. 4. General Provisions 1369 Div. 5. Areas of Special Concern 1377 n iv. G. Violations, Enforcement and Penalties 1317 24. Land Development Regulations 1403 Art. I. In General 1404 Art. II. Language and Definitions 1405 Art. III. Zoning Regulations 1427 Div. 1. In General 1427 Div. 2 Administration 1427 Div. 3. Application Procedures 1433 Div. 4. General Provisions and Exceptions 1447 Div. 5. Establishment of Districts 1455 Div. 6. Special Planned Area District (SPA) 1476 Div. 7. Supplementary Regulations 1480 Div. 8. Landscaping 1506 Art. IV Subdivision and Site Improvement Regulations 1514 Div. 1. Generally 1514 Div. 2. Application Procedure 1516 Div. 3. Required Improvements 1520 Div. 4. Assurance for Completion and Maintenance of Improvements 1522 Div. 5. Design and Construction Standards 1525 Supp. No. 37 xii TABLE OF CONTENTS—Cont'd. Chapter Page Art. V. Environmental and Natural Resource Regula- tions 1532 Div. 1. Wellhead Protection 1532 Div. 2. Protection of Wetland, Marsh and Water- way Resources 1536 Art. VI. Concurrency Management System 1540 Div. 1. Concurrency Management System 1540 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. 37 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 103, 104 OC iii 37 105, 106 OC v, vi OC 107, 108 13 vii, viii 1 155, 156 35 ix, x 37 157, 158 35 xi, xii 37 159, 160 37 xiii 37 160.1 37 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 37 9, 10 14 171, 172 37 11, 12 34 173, 174 36 13, 14 34 175, 176 36 14.1 34 176.1 36 15, 16 14 177, 178 30 17, 18 33 178.1, 178.2 36 18.1 33 179, 180 36 19, 20 14 181, 182 36 21, 22 14 183, 184 36 79 5, Add. 185, 186 36 91 34 187, 188 36 [1] Supp. No. 37 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 188.1, 188.2 30 357, 358 34 188.3, 188.4 30 407, 408 35 188.5, 188.6 32 409, 410 36 188.7, 188.8 36 410.1, 410.2 36 188.9, 188.10 36 411, 412 35 188.10.1 36 413, 414 35 188.11, 188.12 34 415, 416 35 188.13, 188.14 34 416.1, 416.2 35 188.15, 188.16 34 417, 418 37 188.17, 188.18 34 418.1, 418.2 37 188 19, 188.20 34 418.3, 418.4 37 188.21, 188.22 34 418.5, 418.6 37 188.22.1, 188.22.2 34 418.7, 418.8 37 188.23, 188.24 30 419, 420 27 188.25, 188.26 30 421, 422 36 188.27, 188.28 34 469, 470 35 188.29, 188.30 34 471, 472 35 188.31 34 473, 474 35 189, 190 35 475, 476 35 191, 192 35 477, 478 35 193, 194 35 479, 480 35 195, 196 35 521, 522 6 197, 198 35 523, 524 35 199, 200 35 525, 526 35 201, 202 35 527, 528 35 203 35 528.1 35 245, 246 30 529, 530 6 247, 248 35 531, 532 6 299, 300 35 533, 534 30 301, 302 35 534.1 30 303, 304 35 577, 578 OC 305, 306 35 579, 580 OC 307, 308 35 581 OC 309, 310 35 631, 632 OC 311, 312 35 683, 684 24 313 35 685 24 353, 354 33 735, 736 35 355, 356 34 737, 738 36 [2] Supp. No. 37 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 787, 788 32 1163, 1164 37 789, 790 8 1165, 1166 36 791, 792 28 1167, 1168 36 793, 794 30 1169, 1170 36 795, 796 32 1171, 1172 36 797 32 1173, 1174 36 839, 840 28 1175, 1176 36 841, 842 5 1177, 1178 36 843 5 1179, 1180 33 891, 892 31 1221, 1222 31 943, 944 34 1223, 1224 31 945, 946 35 1225, 1226 31 947, 948 35 1227, 1228 31 949, 950 37 1229, 1230 31 951, 952 37 1231 31 952.1 37 1235, 1236 21 953, 954 34 1237, 1238 21 955, 956 34 1239, 1240 21 995, 996 26 1275, 1276 28 997, 998 26 1277, 1278 36 999, 1000 26 1278.1 36 1001, 1002 28 1279, 1280 34 1003, 1004 31 1281, 1282 36 1005, 1006 31 1282.1, 1282.2 36 1006.1 31 1283, 1284 35 1007, 1008 26 1284.1, 1284.2 35 1009, 1010 27 1284.3, 1284.4 35 1011, 1012 28 1284.5 35 1055, 1056 15 1285, 1286 OC 1057, 1058 15 1286.1, 1286.2 23 1059 15 1287 23 1107, 1108 31 1288.1 16 1109, 1110 37 1289, 1290 OC 1111, 1112 31 1291, 1292 OC 1113, 1114 32 1293, 1294 OC 1157, 1158 33 1295, 1296 34 1159, 1160 33 1297, 1298 36 1161, 1162 33 1298.1, 1298.2 36 [31 Supp. No. 37 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1299, 1300 OC 1437, 1438 37 1301, 1302 11 1439, 1440 37 1303, 1304 11 1441, 1442 37 1305, 1306 11 1443, 1444 37 1307, 1308 36 1445, 1446 37 1351, 1352 37 1447, 1448 37 1353, 1354 37 1449, 1450 37 1355, 1356 37 1451, 1452 37 1357, 1358 37 1453, 1454 37 1359, 1360 37 1455, 1456 37 1361, 1362 37 1457, 1458 37 1363, 1364 37 1459, 1460 37 1365, 1366 37 1461, 1462 37 1367, 1368 37 1463, 1464 37 1369, 1370 37 1465, 1466 37 1371, 1372 37 1467, 1468 37 1373, 1374 37 1469, 1470 37 1375, 1376 37 1471, 1472 37 1377, 1378 37 1473, 1474 37 1379, 1380 37 1475, 1476 37 1381 37 1477, 1478 37 1403, 1404 37 1479, 1480 37 1405, 1406 37 1481, 1482 37 1407, 1408 37 1483, 1484 37 1409, 1410 37 1485, 14.86 37 1411, 1412 37 1487, 1488 87 1413, 1414 37 1489, 1490 37 1415, 1416 37 1491, 1492 37 1417, 1418 37 1493, 1494 37 1419, 1420 37 1495, 1496 87 1421, 1422 37 1497, 1498 37 1423, 1424 37 1499, 1500 37 1425, 1426 37 1501, 1502 37 1427, 1428 37 1503, 1504 87 1429, 1430 37 1505, 1506 37 1431, 1432 37 1507, 1508 37 1433, 1434 37 1509, 1510 37 1435, 1436 37 1511, 1512 37 [4] Supp. No. 37 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1513, 1514 37 2105, 2106 37 1515, 1516 37 2107, 2108 37 1517, 1518 37 2109, 2110 37 1519, 1520 37 2111, 2112 37 1521, 1522 37 2113, 2114 37 1523, 1524 37 2115, 2116 37 1525, 1526 37 2117, 2118 37 1527, 1528 37 2119, 2120 37 1529, 1530 37 2121, 2122 37 1531, 1532 37 2123, 2124 37 1533, 1534 37 2125, 2126 37 1535, 1536 37 2127, 2128 37 1537, 1538 37 2129, 2130 37 1539, 1540 37 2131, 2132 37 1541, 1542 37 2133, 2134 37 1543, 1544 37 2135, 2136 37 1983, 1984 OC 2137, 2138 37 1985 OC 2139, 2140 37 1987, 1988 OC 2141, 2142 37 1989, 1990 OC 2143, 2144 37 1991, 1992 2 2145, 2146 37 1993, 1994 6 2147, 2148 37 1995, 1996 13 2149, 2150 37 1997, 1998 18 2151, 2152 37 1999, 2000 24 2153, 2154 37 2001, 2002 30 2155, 2156 37 2003, 2004 37 2157, 2158 37 2005, 2006 37 2159, 2160 37 2007 37 2161, 2162 37 2043 OC 2163, 2164 37 2053, 2054 37 2165, 2166 37 2055, 2056 37 2167, 2168 37 2081, 2082 14 2169, 2170 37 2083, 2084 14 2085, 2086 33 2087, 2088 142101, 3 2102 7 2103, 2104 37 [5] Supp. No. 37 ADMINISTRATION § 2-19 (9) Rule 9. It shall be the duty of all committees to report on every subject referred to them at the next regular meeting following the reference; provided, the city commission may direct a report to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of further consideration of the matter, and it be otherwise disposed of by the city commission. (10) Rule 10. Upon every matter referred to a committee, the committee or a majority thereof shall meet for inquiry or deliberation, and no report of or concerning the matter shall be made unless a majority of the committee shall have signed the same. (11) Rule 11. It shall be the duty of the chairman or vice-chairman of all committees to which any pending matters have been referred to cause their committee to meet to consider and dispose of its pending business, and as far as practicable, to give advance 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. Supp. No. 37 159 § 2-19 ATLANTIC BEACH CODE (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. If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested. (21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. (22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. (23) Rule 23. The mayor pro tem shall exercise the duties and powers of the mayor - commissioner during his absence or disability. (24) Rule 24. It shall be the duty of the city clerk to attend all meetings of the city commission and to record and keep the minutes and records thereof. The minutes of such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor -commissioner, and in his absence, the mayor pro tem, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk, and the record of every meeting shall be signed, when approved, by the city clerk and the mayor -commissioner or the mayor pro tem who presided thereat. (25) Rule 25. Any city commissioner or charter officer may request that any motion be presented in writing. (26) Rule 26. The city commission may take action on a matter which, because of time constraints, has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative votes of the majority of the members of the city commission. The passage of emergency ordinances and resolutions, however, shall be in accordance with Section 18 of the City Charter. (Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88; Ord. No. 5-97-29, § 1, 2-24-97; Ord. No. 5-01-36, § 1, 11-12-01) Supp. No. 37 160 ADMINISTRATION § 2-20 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 reduction of ten (10) percent, effective October 1, 2009, shall be made to reduce the annual salary of the mayor to nine thousand three hundred ninety-two dollars and four cents ($9,392.04) and to reduce the annual salary of the commissioners to five thousand seven hundred sixteen dollars and thirty-two cents ($5,716.32) with the next pay adjustment under this section being on October 1, 2010, if appropriate. (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; Ord. No. 5-09-51, § 1, 9-28-09) Supp. No. 37 160.1 ADMINISTRATION § 2-149 Sec. 2-145. City attorney. The city attorney shall either be counsel to the code enforcement board or shall represent the city by presenting cases before the board; but in no case shall the city attorney serve in both capacities. Each case before the board shall be presented by either the city attorney or by a member of the administrative staff of the municipality. (Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-81-22, § 1, 2-9-81) State law reference—Similar provisions, F.S. § 162.05(4). Sec. 2-146. Jurisdiction. (a) The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the following: (1) City of Atlantic Beach Code of Ordinances; (2) Building codes, as adopted by the city; (3) Standard Housing Code, as adopted by the city; (4) State of Florida Health Code; (5) Florida State Statutes; and (6) State, county and local laws and ordinances whose intent is to promote the health, welfare and safety of the citizens of the city. (b) The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions in subsection (a) may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance. (Ord. No. 95-80-21, § 3, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-96-27, § 1, 3-25-96) State law reference—Intent, F.S. § 162.02. Sec. 2-147. Procedure; hearings. Enforcement procedure and conduct of hearings shall be as set forth in Florida Statutes Sections 162.06 and 162.07. (Ord. No. 95-80-21, § 4, 12-8-80; Ord. No. 5-96-27, § 1, 3-25-96) Sec. 2-148. Powers. The code enforcement board shall have the powers as set forth in Florida Statutes Section 162.08. (Ord. No. 95-80-21, § 5, 12-8-80; Ord. No. 5-96-27, § 1, 3-25-96) Sec. 2-149. Penalties; lien. Penalties and liens shall be as set forth in Florida Statutes Section 162.09. (Ord. No. 95-80-21, § 6, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-96-27, § 1, 3-25-96) Supp. No. 37 169 § 2-150 ATLANTIC BEACH CODE Sec. 2-150. Duration of lien. Duration of liens and foreclosure proceedings shall be as set forth in Florida Statutes Section 162.10. This provision shall apply to all code enforcement board liens whether imposed and/or recorded prior to or subsequent to the enactment of this section. (Ord. No. 5-96-27, § 1, 3-25-96) Sec. 2-151. Appeal. Appeals shall be as set forth in Florida Statutes Section 162.11. (Ord. No. 95-80-21, § 7, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-96-27, § 1, 3-25-96) Secs. 2-152-2-160. Reserved. DIVISION 3. NUISANCE CONTROL BOARD* Sec. 2-161. Created. Pursuant to F.S. § 893.138, an administrative board to be known as the "public nuisance control board" is hereby created. The word "board" when used in this division shall be construed to mean the said "public nuisance control board." (Ord. No. 95-89-40, § 2, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09) Sec. 2-162. Membership. The members of the code enforcement board shall constitute the members of the public nuisance control board. (Ord. No. 95-89-40, § 2, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09) Sec. 2-163-2-166. Reserved. Editor's note—Section 1 of Ord. No. 95-09-99, adopted May 26, 2009, repealed §§ 2-163- 2-166, which pertained to designation of chairman and vice chairman; and certificate of appointment or reappointment, and derived from Ord. No. 95-89-40, adopted June 12, 1989. Sec. 2-167. Complaints; hearings; declaration of public nuisance. (a) The board shall hear complaints regarding certain nuisances as described herein. Any place or premises that has been used: On more than two (2) occasions within a six-month period, as the site of a violation of F.S. § 796.07 prostitution; on more than two (2) occasions within a six-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; on more than one (1) occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one (1) occasion as the site of the unlawful sale, *Editor's note—Ord. No. 95-89-40, §§ 1-9, adopted June 12, 1989, did not specifically amend the Code; therefore, inclusion as §§ 2-161-2-169 was at the discretion of the editor. Cross reference—Nuisances, Ch. 12. Supp. No. 37 170 ADMINISTRATION § 2-225 delivery, manufacture, or cultivation of any controlled substance under F.S. § 893; by a criminal gang for the purpose of conducting criminal gang activity as defined by F.S. § 874.03; on more than two (2) occasions within a six-month period, as the site of a violation of F.S. § 812.019 relating to dealing in stolen property; may be declared to be a public nuisance, and such nuisance may be abated pursuant to the procedures provided in this section. (b) Any employee, officer or resident of the city may bring a complaint before the board after giving not less than three (3) days' written notice of such complaint to the owner of the place or premises at his last known address. Any such complaint shall be filed with the code enforcement officer. (c) The board shall conduct a hearing during which the owner of the premises shall have an opportunity to present evidence in his defense. Such evidence shall include any action taken by the owner to abate the nuisance and the time frame, after notice to him, within which such action was taken. After considering all evidence, including evidence of the general reputation of the place or premises, the board may declare the place or premises to be a public nuisance as described herein. (d) If the board declares a place or premises to be a public nuisance, it may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises; or (3) The conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. Any such order entered shall expire after one (1) year or at such earlier time as stated in the order. (Ord. No. 95-89-40, § 7, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09) Sec. 2-168. Permanent injunctions. The city may bring a complaint under F.S. § 60.05 seeking a permanent injunction against any nuisance described herein. (Ord. No. 95-89-40, § 8, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09) Sec. 2-169. Restrictions. This division does not restrict the right of any person to proceed under F.S. § 60.05 against any public nuisance. (Ord. No. 95-89-40, § 9, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09) Secs. 2-170-2-225. Reserved. Supp. No. 37 171 § 2-226 Sec. 2-226. Reserved. ATLANTIC BEACH CODE ARTICLE VL EMPLOYEE BENEFITS* DIVISION 1. GENERALLY Editor's note—Ord. No. 5-04-43, adopted Feb. 23, 2004, deleted § 2-226, which pertained to holiday schedule and derived from Ord. No. 5-86-17, § 1, 10-27-86; Ord. No. 5-94-25, § 1, 1-24-94; and Ord. No. 5-02-40, 12-9-02. Secs. 2-227-2-240. Reserved. DIVISION 2. OLD -AGE AND SURVIVORS INSURANCEt Sec. 2-241. Statement of policy. It is hereby declared to be the policy and purpose of the city to extend, effective as of January 1, 1951, to the employees and officials of the city not excluded by law, and whether employed in connection with a governmental or proprietary function, the benefits of the system of old -age and survivors insurance, as authorized by the Federal Social Security Act and amendments thereto, including Public Law 734 of the 81st Congress, and by F.S. Ch. 650; and to cover by such plan all services which constitute employment as defined in F.S. § 650.02, performed in the employ of the city by employees thereof. In pursuance of such policy, and for that purpose, the city shall take such action as may be required by applicable state or federal laws or regulations. (Code 1970, § 16-4) *Cross reference—Any ordinance relating to the salaries of the city officers or employees saved from repeal, § 1-5(6). tState law references—Social security for public employees, F.S. Ch. 650; authority of political subdivisions of state to submit plans for inclusion under the social security act, F.S. § 650.05. Supp. No. 37 172 BUILDINGS AND BUILDING REGULATIONS § 6-25 parallel to or across the lake, marsh, canal or stream within the fifty -foot setback. Fences and walls include any terrace wall or other structure higher than three (3) feet above grade. Fences running down the sides of properties within the fifty -foot setback or across the waterfront within the building setback shall be open fences such as wrought iron, chain link, etc. which allow visibility across property lines. (e) Retaining walls. The construction of retaining walls or seawalls shall be done in accordance with this chapter and chapter 6 of Code of Ordinances for the City of Atlantic Beach. (f) Boathouse lots. Boathouse lots which exist along the water front were accepted by the city under the premise that these lots would serve as lake access for the residents of that subdivision. As such, the purpose and intention of these boathouse lots is to serve as accessory lots to the main residential properties within that subdivision. In accordance with the policies contained within the comprehensive plan, the following regulations shall apply: (1) The buildability and use of all boathouse lots, which are determined to be accessory lots shall be restricted to the owners of real property within the subdivision in which these accessory boathouse lots were platted. (2) Boathouse lots which are held January 1, 2004, by property owners residing outside of the subdivision for which they are platted shall be nonconforming boathouse lots which may still be used for constructing a boathouse and for water access. However, any boathouse lots owned by real property owners on January 1, 2004 in the subdivision for which they were platted, shall only be buildable and used to serve the lake access need or residents of that subdivision. (3) Minimum lot widths shall be fifty (50) feet. (4) Canal boathouses or gazebos on docks shall be constructed a minimum of five (5) feet from side lot line. There shall be no front setback. (5) The highest point of a boathouse or gazebo shall be no more than ten (10) feet above the normal high water elevation of the closet lake or water way detailed in subsection (4)(c). (6) Canal boathouses or gazebos shall not exceed four hundred (400) square feet in size for all areas of boathouses, gazebos, stairs, and decking. (7) Canal boathouses shall be located so as not to interfere with navigation and to result in the minimum of loss of existing large oak, pine or cypress trees. Electric service shall be provided via underground wiring. Landscape buffering shall be required to substantially cover fifty (50) percent of the structure. Off-street parking areas shall remain without asphalt, concrete, brick, gravel, grass paver or other improved surface. (Ord. No. 25-04-37, § 1, 7-26-04) Supp. No. 37 417 § 6-26 ATLANTIC BEACH CODE Sec. 6-26. Schedule of building permit fees. (a) [Generally.] (1) Building and construction permit fees. For the purposes of determining fees, floor area of a building shall be determined at each story including all portions under roofs. Separate fees shall be paid for electrical, plumbing, mechanical, zoning, fire, miscel- laneous and other plan reviews and/or permits shown elsewhere in this section or in other applicable sections of this Code. a. Building permit fees. Total Valuation Fee $1,000.00 or less $1,000.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 and up Permit Fee $ 55.00 $ 55.00 for the first $1,000.00 plus $5.00 for each ad- ditional $1,000.00 or fraction thereof, to and including $50,000.00 $ 280.00 for the first $50,000.00 plus $4.00 for each additional $1,000.00 or fraction thereof, to and includ- ing $100,000.00 $ 480.00 for the first $100,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and includ- ing $500,000.00 $ 1,680.00 for the first $500,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof (2) Moving fee. For the moving of any building or structure, the fee shall be one hundred dollars ($100.00). (3) Demolition fee. For the demolition of any building or structure, the fee shall be one hundred dollars ($100.00). (4) Plan check fees. A plan -checking fee shall be paid to the building department at the time of submitting plans and specifications for checking. Said plan -checking fee shall be equal to one-half (1/2) of the building permit fee. Such plan -checking fee is in addition to the building permit fee. Additional plan -checking fees are required for planning and zoning and fire department plan reviews. (5) Fence fee. For installing fencing the fee shall be thirty-five dollars ($35.00). (6) Reinspection fee. Fifty-five dollars ($55.00). (7) Sign erections. Total sq. ft. of sign Fee Up to 32 sq. ft. Greater than 32 sq. ft. $65.00 $65.00 plus $10.00 for each additional sq. ft. Supp. No. 37 418 BUILDINGS AND BUILDING REGULATIONS § 6-32 (8) Change of tenant fee. A fee of one hundred dollars ($100.00) shall be paid when a new tenant occupies an existing commercial space. The fee shall be for the application review and site inspection of the property to determine occupancy compliance with required regulations. (9) Building permit renewal fee. The following permit renewal fees shall be paid when an applicant renews a permit after the original permit has expired in accordance with the Florida Building Code. Completed inspections No inspection conducted Slab inspection approved All rough inspections approved Insulation inspection approved Any final inspection pending Amount of renewal fee 100% of original fee 80% of original fee 50% of original fee 30% of original fee 10% of original fee (10) Building permit fee refunds. Permit fee refunds may be made when no work has started. A fee of fifteen (15) percent shall be retained by the city including the permit issuance fee and all plan review fees. Where work has commenced and the project is abandoned no refunds will be made. All requests for a refund shall be made in writing to the building official. (b) Plan review resubmittal fees: Plans submitted which are not initially approved shall be subject to a resubmittal fee for additional reviews, as follows: Fifty dollars ($50.00) for the second submittal; seventy-five ($75.00) for the third submittal; and one hundred ($100.00) for the fourth and any subsequent submittals. (Ord. No. 25-08-38, § 1.C, 2-25-08; Ord. No. 25-09-41, § 1, 10-26-09) Secs. 6-27-6-30. Reserved. ARTICLE III. ELECTRICAL CODE* Sec. 6-31. Reserved. Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-31, which pertained to standards for materials, installations, etc., and derived from Ord. No. 25-92-23, § 1, adopted November 9, 1992, Ord. No. 25-95-26, § 1, adopted February 13, 1995, Ord. No. 25-976-28, § 1(2), adopted April 22, 1996, and Ord. No. 25-00-31, § 1, adopted February 28, 2000. Sec. 6-32. Reserved. Editor's note—Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-32, which pertained to certificate of competency and derived from § 7-4 of the 1970 Code. *Cross reference—Electric signs, § 17-12. State law reference—Electrical code, F.S. § 553.15 et seq. Supp. No. 37 418.1 § 6-33 ATLANTIC BEACH CODE Sec. 6-33. Reserved. Editor's note—Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-33, which pertained to the improper use of name of licensed master electrictians and derived from § 7-5 of the 1970 Code. Sec. 6-34. Reserved. Editor's note—Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-34, which pertained to employing only certified electricians by master electricians and derived from § 7-6 of the 1970 Code. Sec. 6-35. Reserved. Editor's note—Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-35, which pertained to electrical permits required; to whom issued and derived from § 7-7 of the 1970 Code; Ord. No. 25-93-24, adopted Sept. 13, 1995; and Ord. No. 25-95-27, adopted July 10, 1995. Sec. 6-36. Reserved. Editor's note—Sec. 1.B of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-36, which pertained to electrical inspections by electrical inspector and derived from § 7-8 of the 1970 Code. Sec. 6-37. Same—Fees. No permit shall be granted for any electrical installation within the limits of the city until after inspection fees have been paid. Such inspection fees are hereby fixed in the following schedule. For all electrical construction requiring a permit there shall be paid by the party obtaining a permit the following inspection fees to be collected by the building department. (1) For issuing each permit S,r,,r, 00 (2) New single-family residential occupancy: 0-100 amp service 50.00 101-150 amp service 60.00 151-200 amp service 70.00 For each additional 50 amp or fractional part thereof 10.00 (3) Multifamily per dwelling unit 50.00 (4) Service change: 0-100 amp service 30.00 101-150 amp service 50.00 151-200 amp service 50.00 For each additional 50 amp or fractional part thereof 20.00 (5) New commercial services: 0-100 amp service 50.00 Supp. No. 37 418.2 BUILDINGS AND BUILDING REGULATIONS § 6-37 101-150 amp service 60.00 151-200 amp service 70.00 For each additional 50 amp or fractional part thereof 10.00 (6) Temporary services 35.00 (7) Signs 35.00 (8) Switch and receptacle outlets (except new single-family, multifamily and room additions): Up to 30 amp, each 0.60 31-100 amp, each 2.00 101-200 amp, each 4.00 (9) Lighting outlets, including fixtures, each 0.60 (10) Primary service 50.00 (11) Transformers, per 20 KVA or fractional part thereof 4.00 (12) Heat: 0-10 kw 2.00 10.1-15 kw 4.00 15.1-24 kw 6.00 Over 24 kw 8.00 (13) Air conditioning circuits: 0-60 amp 5.00 61-100 amp 10.00 (14) Motors: 0-5 hp 4.00 Plus $2.00 for each additional 5 hp or fractional part thereof (15) Appliances, fixed or stationary: Up to 30 amp 2.00 31-100 amp 4.00 Over 100 amp 6.00 (16) Smoke detectors wired into electrical system (except single-family, mul- tifamily and room additions), each 2.00 (17) Fire alarm and signaling systems, each 35.00 (18) Minimum fee 55.00 (19) Swimming pools 40.00 Supp. No. 37 418.3 § 6-37 ATLANTIC BEACH CODE (20) Repairs and miscellaneous 35.00 (21) Reinspection 55.00 (Ord. No. 34-82-1, § 1, 7-28-82; Ord. No. 25-02-33, § 1, 9-23-02; Ord. No. 25-09-41, § 1, 10-26-09) Sec. 6-38. Reserved. Editor's note -Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-38, which pertained to permits prerequisite to inspection and derived from § 7-10 of the 1970 Code. Sec. 6-39. Reserved. Editor's note -Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-39, which pertained to right of entry of electrical inspector and derived from § 7-11 of the 1970 Code. Sec. 6-40. Reserved. Editor's note -Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-40, which pertained to interference with electrical inspector and derived from § 7-12 of the 1970 Code. Secs. 6-41-6-55. Reserved. ARTICLE IV. PLUMBING CODE* Sec. 6-56. Reserved. Editor's note -Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-56, which pertained to adoption of the Standard Plumbing Code, and derived from § 17-1 of the 1970 Code, Ord No. 25-92-23, § 1, adopted November 9, 1992, Ord. No. 25 96 28, § 1(3), adopted April 22, 1996, and Ord. No. 25-98-30, § 1, 6-22-98. Sec. 6-57. Reserved. Editor's note -Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-57, which pertained to certificate of competency and derived from § 17-4 of the 1970 Code. Sec. 6-58. Permits -Determination of ownership of secondhand fixtures prior to issuance. Before the issuance of any plumbing permit, the plumbing inspector shall ascertain whether new or secondhand fixtures are to be used in the work. Whenever secondhand fixtures are proposed, the plumbing inspector shall require of the applicant satisfactory evidence in writing of the ownership of such fixtures and keep a record of the same. (Code 1970, § 17-11) *Cross references -Waterworks system, § 22-16 et seq.; wastewater system, § 22-56 et seq. State law references -Plumbing control act, F.S. § 553.01 et seq.; plumbers, F.S. Ch. 469. Supp. No. 37 418.4 BUILDINGS AND BUILDING REGULATIONS § 6-61 Sec. 6-59. Same—Fees. A fee of seven dollars ($7.00) per fixture, including washing machines, water heaters and dishwashers, shall be paid to the city when a plumbing permit is issued. The minimum charge for any permit shall be fifty-five dollars ($55.00) in addition to the rate per fixture. The charge for reinspection shall be fifty-five dollars ($55.00) per inspection. (Code 1970, § 17-12; Ord. No. 36-82-1, § 1, 7-26-82; Ord. No. 25-02-33, § 2, 9-23-02; Ord. No. 25-09-41, § 1, 10-26-09) Sec. 6-60. Reserved. Editor's note—Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-60, which pertained to whom permits are issued and derived from § 17-13 of the 1970 Code; Ord. No. 25-93-24, adopted Sept. 13, 1993; and Ord. No. 25-95-27, adopted July 10, 1995. Sec. 6-61. Water conservation regulations. (a) All new construction and all remodeling or repair involving replacement of fixtures in residential, hotel, motel, industry or commercial use shall utilize fixtures conforming to the following schedule of maximum water usage based on water pressures at the fixture of forty (40) to fifty (50) pounds per square inch (psi): Maximum Flow Rate Fixture Type (gallons) Water closets Tank type 2 per flush Flushometer or flushvalve type 2 per flush Wall mount 3.5 per flush Urinals 1 per flush Shower heads 2.5 per minute Lavatory faucets 2 per minute Sink faucets 2.5 per minute (b) No urinal or water closet that operates on a continuous flow or continuous flush shall be permitted unless fitted with time controls adjusted for periods of use. (c) The use of standard flush toilets may be allowed when, in the opinion of the building official, the configuration of the building drainage system requires a greater quantity of water to adequately flush the system. (d) Any person desiring to install any device or appliance as set out shall be required to submit to the building official a manufacturer's data sheet defining the water use character- istics of the plumbing devices or appliances prior to final inspection. Supp. No. 37 418.5 § 6-61 ATLANTIC BEACH CODE (e) If a particular fixture listed above is not available from at least two (2) suppliers, the building official may accept a signed, notarized certification of nonavailability from the plumbing contractor and allow a standard plumbing fixture to be used. The notarized certification of nonavailability shall be signed by the fixture suppliers. (Ord. No. 25-93-25, § 1, 12-13-93) Secs. 6-62-6-75. Reserved. ARTICLE V. MECHANICAL CODE Sec. 6-76. Reserved. Editor's note—Ord. No. 25 02 32, § 1, adopted November 11, 2002, repealed former § 6-76, which pertained to adoption of the Standard Mechanical Code, and derived from Ord. No. 25-82-1, § 1, adopted July 26, 1982, Ord. No. 25-92-23, § 1, adopted November 9, 1992, Ord. No. 25-96-28, § 1(4), adopted April 22, 1996, and Ord. No. 25-98-30, § 1, adopted June 22, 1998. Sec. 6-77. Inspection fees. No permit shall be granted for any mechanical installation within the limits of the city until after inspection fees shall have been paid; such inspection fees are hereby fixed as follows: (1) Mechanical permit fees: a. For issuing each permit $55.00 b. Air conditioning and refrigeration (total capacity in single installa- tion): i. For each ton or fractional part thereof: ii. Air conditioning from 1 ton to 10 tons total capacity in single installation, for each ton or fraction thereof for each apartment or business will be considered a separate system 8.00 iii. For each ton of air conditioning over 10 tons or fractional part thereof up to 25 tons 4.00 iv. For each ton of air conditioning over 25 tons or fractional part thereof 2.00 c. Furnaces and heating equipment (total capacity in single installa- tion): For the first 200,000 BTU per hour capacity or fractional part thereof in single installation for each apartment or business 20.00 For each additional 50,000 BTU per hour of fuel used or fractional part thereof 4.00 Any burner (not in heating system), each 12.00 Supp. No. 37 418.6 BUILDINGS AND BUILDING REGULATIONS § 6-77 d. Boilers, including heating element: For the first 500,000 BTU per hour input of fuel 30.00 For each additional 100,000 BTU per hour input of fuel or fractional part thereof 6.00 e. Air duct systems: For the first 2,000 cubic feet per minute capacity of air handled in duct system 20.00 For each 1,000 cubic feet per minute over 2,000 cubic feet per minute or fractional part thereof up to 10,000 cubic feet per minute 8.00 For each additional 1,000 cubic feet per minute or fractional part thereof 4.00 f. Pumps 4.00 g. Wells 20.00 h. Tanks, all types, gasoline or liquefied petroleum: 0-600 gallons 20.00 Over 600 to 10,000 gallons capacity or fractional part thereof 100.00 For each additional 1,000 gallons or fractional part thereof 4.00 i. Service station automobile lifts 10.00 j. Elevators, escalators, man -lifts, hoists for the first 4 floors 100.00 k. Fire sprinkler systems: For the first 40 sprinkler heads or fractional part thereof 30.00 For each additional 10 sprinkler heads or fractional part thereof 4.00 1. Fire standpipes, each 6.00 m. Fire hose cabinets, each 6.00 n. Prefabricated fireplaces, each 30.00 o. Alteration or repair of boiler or on fired pressure vessel 30.00 p. Solar collector system 30.00 q. Commercial hood installation 30.00 r. Heat exchanger or coil in ducts 10.00 s. Minimum fee for any mechanical permit 55.00 t. Reinspection fee 55.00 u. For mechanical fee not listed in this section, fee shall be based on $8.00 per thousand dollars. Supp. No. 37 418.7 § 6-77 ATLANTIC BEACH CODE (2) Gas piping permit fees. Consumers' gas piping and appliances at one (1) location: a. For issuing each permit 55.00 b. For 1 to 4 outlets 10.00 For each additional outlet 2.00 c. For conversion burners, floor furnaces, incinerators, boilers, central heat and air conditioning units 10.00 For each additional unit 2.00 d. Vented wall furnaces and water heaters, each unit 5.00 e. Reinspection fee 55.00 (Ord. No. 25-82-1, § 2, 7-26-82; Ord. No. 25-02-33, § 3, 9-23-02; Ord. No. 25-09-41, § 1, 10-26-09) Secs. 6-78-6-90. Reserved. ARTICLE VL RESERVED* Secs. 6-91-6-105. Reserved. *Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former Art. VI, §§ 6-91-6-105, which pertained to the swimming pool code, and derived from § 24-4 of the 1970 Code, Ord. No. 25-92-23, § 1, adopted November 9, 1992, Ord. No. 25-96-28, § 1(5), adopted April 22, 1996, and Ord. No. 25-98-30, § 1, adopted June 22, 1998. Supp. No. 37 418.8 SOLID WASTE AND RECYCLING § 16-9 Sec. 16-5. Hazardous or electronic waste. The city holds twice -yearly hazardous waste collection events at city hall, which include 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 Avenue. 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; Ord. No. 55-08-33, § 1(3), 6-23-08) 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 Supp. No. 37 949 § 16-9 ATLANTIC BEACH CODE 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) 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 franchise, 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 seventy-eight cents ($17.78) per household for garbage, recycling, and yard waste. a. Any person requesting an additional garbage pick-up each week shall be charged an additional fee of seventeen dollars and seventy-eight cents ($17.78) per month. The day of the additional pick-up shall be set by the franchisee, and a subscrip- tion agreement shall be signed with the city which shall require a minimum of one (1) year of the additional fee. b. Any person requesting an additional garbage toter (or required to have an additional garbage toter due to volume of excess trash produced) for their houselold shall be charged an additional fee of eight dollars and eighty-four cents ($8.84) per month and a subscription agreement shall be signed with the city which shall require a minimum of one (1) year of the additional fee. (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 seventy-eight cents ($17.78) 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 fifty-two cents ($9.52) 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 fifty-eight cents ($5.58) 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 seventy-two cents ($6.72) per cubic yard for containerized garbage. Supp. No. 37 950 SOLID WASTE AND RECYCLING § 16-11 (5) Commercial (curbside, all residential services): Monthly payments shall be computed by multiplying the number of business units in the service area times seventeen dollars and seventy-eight cents ($17.78) 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 seventy-eight cents ($17.78) 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 fifty-eight cents ($5.58) 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 seventy-two ($6.72) 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-two dollars and twenty-four cents ($32.24) 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 seventy-five cents ($16.75) per yard multiplied by container size. (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 sixteen dollars and thirty-two cents ($16.32) 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; Ord. No. 55-08-32, § 1, 2-25-08; Ord. No. 55-08-34, § 2, 9-22-08; Ord. No. 55-09-35, § 2, 2-9-09) 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) Supp. No. 37 951 § 16-12 ATLANTIC BEACH CODE 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 110 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) 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. Supp. No. 37 952 SOLID WASTE AND RECYCLING § 16-17 (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. 37 952.1 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-5 visibility at defined intersection, the owners or occupants of private real property shall be prohibited from any of the following, which may obstruct a driver's view of approaching traffic at such intersections: (1) Plant or permit the growth of shrubbery or any other vegetation within the city right-of-way higher than thirty (30) inches above the established grade of the right-of-way; or (2) Allow tree branches to extend below the height of ten (10) feet above the established grade of the right-of-way; or (3) Allow any berm, wall or other structure to be erected, placed, or continue to exist within the city right-of-way. (b) Safety zones. For purposes of this section, safety zone shall be defined as an unob- structed area along the edge of the roadway intended for the recovery of errant vehicles, and also the edge of sidewalks or designated pathways intended to provide for a safe area that is free of obstructions, which may create hazards for pedestrians, bicycles or vehicles. (1) Within rights-of-way. A safety zone extending two (2) feet from the edge of the roadway pavement or the edge of a sidewalk or pathway, as applicable, shall be maintained. (2) Within private property. On any private property, no landscaping or vegetation other than lawn grass, and 110 property border, berm, retaining wall edging, timbers, posts or other type of obstruction shall be constructed, placed, or permitted to remain within two (2) feet of the edge of the roadway pavement or edge of sidewalk, or in any location that creates an obstruction or hazard to pedestrians, bicyclists or vehicles. (3) Cause for removal of obstructions within safety zones. Upon finding by the director of public safety that any obstruction or hazard exists within safety zones, the obstruc- tions shall be immediately removed by order of the police department. The city shall have the right to remove any trees, shrubbery, vegetation, berms, walls, fences, structures or other objects in violation of this section, with or without prior notice. Removal costs shall be charged to the owner, occupant or representative in an amount equal to the city's costs incurred, plus a charge of one hundred (100) percent of said costs to cover the city's administrative expenses. (4) Waiver to safety zones restrictions. Upon written request, accompanied by a site plan, the director of public safety shall have the authority [to] waive the preceding restrictions, upon finding that no obstruction or hazard to pedestrians, bicyclists or vehicles will be created. (Ord. No. 65-03-32, § 1, 4-14-03; Ord. No. 65-04-33, § 1, 9-13-04) Supp. No. 37 1109 § 19-5 NIHIIM SNO110fS2f31N 0 K -0 S3NOZ Q33dS ATLANTIC BEACH CODE 15 MPH restricted sight zone Supp. No. 37 1110 TAXATION § 20-54 (2) Any person who maintains a permanent business location or branch office within the city, for the privilege of engaging in or managing any profession or occupation within its jurisdiction; (3) Any person who does not qualify under the provisions of subsection (1) or (2) of this section, and who transacts any business or engages in any occupation or profession in interstate commerce, if such license tax is not prohibited by Section 8 of Article I of the United States Constitution; (4) Any person who reports himself to be engaged in any profession, occupation or industry for the transaction of which a license is required under this chapter either by exhibiting a sign or advertisement or by advertising in any newspaper or any other publication or by the distribution of any advertising material or in any other way indicating engagement in such business, profession or occupation, regardless of whether any business has actually been transacted or not. (Ord. No. 45-81-5, § 1, 12-28-81; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-06-18, § 1, 9-25-06) State law reference—Similar provisions, F.S. § 205.042. Sec. 20-52.1. Inspections. Prior to the issuance of a business tax receipt, the structure or site designated as the location of the business to be taxed shall receive the inspection and approval of the city fire inspector and building official to verify compliance with city building and fire codes. However, inspections for home occupations shall be at the discretion of the building official and fire inspectors. (Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 70-97-12, § 1, 9-22-97; Ord. No. 45-06-18, § 1, 9-25-06; Ord. No. 45-10-20, § 1, 1-11-10) State law reference—Similar provisions, F.S. § 205.042. Sec. 20-53. Half-year receipts. The city clerk, upon proper showing that the issuance of a receipt for a full year would work a hardship in any instance during the period from April first to October first, may issue a half -year's receipt. Persons applying for a receipt after October first may be issued a half -year's receipt. (Code 1970, § 10-1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06) State law reference—Authority for a partial receipt, F.S. § 205.053(1). Sec. 20-54. Due dates and delinquencies; penalties. (a) All receipts shall be sold by the city clerk beginning September first of each year and shall be due and payable on or before October first of each year and shall expire on September thirtieth of the succeeding year. If October first falls on a weekend or holiday, the tax shall be due and payable on or before the first working day following October first. Those receipts not renewed when due and payable shall be considered delinquent and subject to a delinquency penalty often (10) percent for the month of October, plus an additional five (5) percent penalty Supp. No. 37 1163 § 20-54 ATLANTIC BEACH CODE for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twenty-five (25) percent of the local business tax fee for the delinquent establishment. If receipt is not paid by January thirty-first, the city clerk shall have city water service disconnected until business tax fee plus delinquent charges are paid in full. (b) Any person engaging in or managing any business, occupation or profession without first obtaining a local business tax receipt, if required in this article, shall be subject to a penalty of twenty-five (25) percent of the business tax fee determined to be due, in addition to the penalty provided by F.S. Ch. 162; any such business may be closed by the city manager or his designee until the business tax requirements have been met. (Code 1970, § 10-1.1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 70-97-12, § 1, 9-22-97; Ord. No. 45-06-18, § 1, 9-25-06) State law reference—Similar provisions, F.S. § 205.053. Sec. 20-55. Businesses falling under more than one classification; operating at more than one location. Each receipt classification and the amount of the business tax, as set forth in this chapter, shall be deemed to be cumulative to any license taxes otherwise imposed, and when any occupation, business, profession or commercial activity shall fall into more than one (1) of the classifications, such occupation, business, profession or commercial activity shall be required to comply with the business tax receipt requirements of each such classification or provision. Whenever any person operates any of the businesses provided for in this article at more than one (1) location, each location shall be considered a separate business. (Code 1970, § 10-2; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06) Sec. 20-56. Compliance by receipt holders. Issuance of a local business tax receipt by the city clerk shall m no wise relieve the holder thereof of responsibility for compliance with all provisions of this Code or other city ordinances or parts thereof heretofore passed or which may hereafter be passed by the city commission regulating the conduct of the business. (Code 1970, § 10-3; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06) Sec. 20-57. Transfer. (a) All business tax receipts may be transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee of three dollars ($3.00) and presentation of the original receipt and evidence of the sale. (b) Upon written request and presentation of the original receipt, any receipt may be transferred from one (1) location to another location in the city upon payment of a transfer fee of three dollars ($3.00). (Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06) State law reference—Similar provisions, F.S. § 205.043(2), (3). Supp. No. 37 1164 Art. I Art II. Art. III. Chapter 23 PROTECTION OF TREES AND NATIVE VEGETATION* In General, §§ 23-1-23-7 Language and Definitions, §§ 23-8-23-10 Tree and Vegetation Regulations, §§ 23-11-23-60 Div. 1. In General, § 23-11 Div. 2 Administration, §§ 23-12-23-20 Div. 3. Permits, §§ 23-21-23-29 Div. 4. General Provisions, §§ 23-30-23-39 Div. 5. Areas of Special Concern, §§ 23-40-23-45 Div. 6. Violations, Enforcement and Penalties, §§ 23-46-23-60 ARTICLE I. IN GENERAL Sec. 23-1. Purpose and intent. (a) Purpose. The provisions of this chapter are established for the purpose of enhancing, conserving, restoring, protecting and preserving the natural environment, specifically related to trees and native coastal dune vegetation. Priority shall be given to the protection and preservation of existing resources. (b) Intent. The provisions of this chapter are intended: (1) To establish efficient and effective procedures, regulations and guidelines for the protection of existing vegetation, installation of native landscaping and maintenance thereof regarding vegetation including, but not limited to, trees, shrubs, salt marsh and beach dune grasses, and ground covers. (2) To promote and sustain community values by providing for an aesthetically pleasing environment where a healthy tree canopy is maintained and regenerated. (3) To protect natural systems and avoid impairment of their natural functions including the provision of shade and cooling on lots and development parcels, sidewalks, streets and other public places. (4) To provide protection for environmentally sensitive areas. *Editor's note—Section 2(Exh. A) of Ord. No. 95-09-98, adopted Jan. 12, 2009, repealed the former ch. 23, "Vegetation," arts. I—V, §§ 23-15-23-17, 23-19, 23-20, 23-22, 23-25, 23-36- 23-40, and 23-46-23-50, and enacted a new ch. 23 as set out herein. The former ch. 23 pertained to tree protection, accumulation of weeds, and historic tree preservation and derived from Ord. No. 55-82-19, adopted March 22, 1982; Ord. No. 95-89-44, adopted Jan. 8, 1990; Ord. No. 95-95-64, adopted Feb. 12, 1996; Ord. No. 95-00-73, adopted March 27, 2000; Ord. No. 95-02-79, adopted Oct. 14, 2002; Ord. No. 5-03-42, adopted July 14, 2003; and Ord. No. 95-07-92, adopted Feb. 12, 2007. Cross reference—Streets, sidewalks and other public places, Ch. 19. Supp. No. 37 1351 § 23-1 ATLANTIC BEACH CODE (5) To encourage protection of healthy trees and provide for replacement and/or relocation of trees which are necessarily removed during construction, development or redevel- opment. (Ord. No. 95-09-98, § 2(Exh. A), 1-12-09) Sec. 23-2. Applicability. All lands within the City of Atlantic Beach shall be subject to the provisions of this chapter. (Ord. No. 95-09-98, § 2(Exh. A), 1-12-09) Sec. 23-3. Relationship to land development regulations and the comprehensive plan. This chapter contains specific and detailed provisions intended to implement the related policies as set forth in the comprehensive plan, as may be amended. The provisions of this chapter shall be implemented in coordination with chapter 24, Land Development Regula- tions, of this Municipal Code, and in the case of any conflict between the two (2) chapters, the provisions establishing the higher standard shall prevail. (Ord. No. 95-09-98, § 2(Exh. A), 1-12-09) Sec. 23-4. Amendments to this chapter. The city commission shall have the authority to amend this chapter as needed to implement its intent, or to implement objectives and policies of the comprehensive plan, or otherwise enact updates as may be appropriate. Amendment to this chapter shall be made in accordance with the established procedures for amending any portion of this Code of Ordinances. (Ord. No. 95-09-98. § 2(Fxh. A); 1-12-09) Secs. 23-5-23-7. Reserved. ARTICLE II. LANGUAGE AND DEFINITIONS Sec. 23-8. Definitions. For purposes of this chapter, the following terms shall have the meanings as set forth within this section, and where interpretation is required, shall be interpreted so as to give these terms the meaning they have in common usage. Where applicable and appropriate to the context, definitions as set forth within chapter 24, Land Development Regulations, of this Municipal Code, Florida State Building Codes or within Florida Statutes, as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Administrator shall mean the representative of the city as designated by the city manager to oversee administration of this chapter. Supp. No. 37 1352 PROTECTION OF TREES AND NATIVE VEGETATION § 23-8 Adverse site conditions shall mean existing site conditions that unfavorably affect the implementation of the provisions of this chapter and that hinder plant viability and growth. Examples include, but are not limited to: (1) Existing topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. (2) Existing areas of buried solid waste at a depth that would affect viability of preserved or planted materials. (3) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. (4) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (5) Redevelopment sites where existing landscaping does not meet current standards and where existing site conditions such as, but not limited to, impervious surfaces, access locations, or building locations, prevent the site from meeting the current require- ments. (6) Sites where type or distribution of existing canopy or other protected trees are such that preservation requirements would prohibit site development or conflict with required development standards, such as stormwater or roadway designs. (7) Designs and plans that do not, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees are not considered adverse site conditions. After -the -fact permit shall mean a permit issued after a violation has occurred for the primary purpose of correcting the violation (if the activity would have been permittable) or for the purpose of bringing the violator into compliance with existing regulations. Appeal shall mean a request for the rehearing or review of a decision made pursuant to any provision of this chapter. Applicant shall mean the person(s) subject to or seeking a tree or vegetation removal permit as required by the provisions of this chapter. Approval shall mean written permission in the form of a tree or vegetation removal permit from the administrator pursuant to a duly executed application submitted on a form as provided by the city, authorizing the applicant to proceed with an action as proposed within the application. Such approval may consist of limitations or conditions specific to the project. Atlantic Beach Prohibited Species List shall consist of those invasive exotic species recognized by the State of Florida as detrimental to the native ecosystems and included on the Florida Noxious Weed and Invasive Plants List. (F.A.C. 5B-57.007) Atlantic Beach Recommended Species List shall consist of those native species best adapted to the local ecosystem and providing the most desirable characteristics to the community. Supp. No. 37 1353 § 23-8 ATLANTIC BEACH CODE Buildable area shall mean the area of a site, parcel or lot, excluding any area which is not eligible for the issuance of a building permit by the city, such as building setback areas, shoreline protection buffers, coastal construction setback areas, wetlands and other similar areas required pursuant to the applicable provisions of this chapter and the land development regulations. Caliper shall mean the diameter of a tree trunk measured at a point six (6) inches above the existing grade or proposed grade for trees four (4) inches in trunk diameter and under, and twelve (12) inches above the existing grade or proposed planted grade for trees larger than four (4) inches in trunk diameter. Caliper measurement is used in reference to nursery stock for new plantings. Canopy shall mean the horizontal extension of a tree's branches in all directions from its trunk. Certified arborist shall mean any person holding a valid and current arborist certification as issued by the International Society of Arboriculture (ISA). City shall mean the City of Atlantic Beach. Clear trunk shall mean the height of a palm tree measured from the ground to the point where the lowest green frond is attached to the trunk Coastal dune vegetation shall mean the naturally -occurring, salt -tolerant native species of grasses, shrubs, vines and trees that stabilize the dunes by holding existing sand and that serve to repair the dunes of damage inflicted by either natural phenomena or human impact by trapping wind-blown sand. Community forest shall mean the collection of trees in and around the City including park and street yard trees on public property, and yard trees on private property. Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the branches, leaves, flowers, and fruit that grow above ground. Developed area shall mean that portion of a site upon which any building, structure, pavement, or stormwater facility is placed. Development or development activity shall mean any alteration of the natural environment which requires the approval of a development or site plan and issuance of a development permit; shall also include the "thinning" or removal of trees from an undeveloped land, including that carried on in conjunction with a forest management program, and the removal of trees incidental to the development of land or to the marketing of land for development and shall also include activities defined as development with section 24-17 of this Code of Ordinances. Diameter at breast height (DBH) shall mean the outside bark diameter of a tree measured at a height of fifty-four (54) inches above the naturally occurring ground level. Trees with gross abnormalities or buttressing at the breast height should be measured above or immediately Supp. No. 37 1354 PROTECTION OF TREES AND NATIVE VEGETATION § 23-8 adjacent to the irregularity. Trees that fork at or above breast height should be measured below breast height and recorded as a single trunk Trees that fork below breast height should be recorded as separate DBH for each. Diseased tree shall mean a tree with a sustained or progressive impairment caused by a parasite, pest or infestation which seriously compromises the viability of the tree, in that it is unlikely the tree will remain living and viable for a period of more than three (3) years, or the tree causes other imminent peril to viable trees, existing structures or persons in the vicinity of the diseased tree. Dripline shall mean the imaginary vertical plumb line that extends downward from the tips of the outermost tree branches and intersects with the ground. Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be replaced. Excavation shall mean the act of digging, cutting or scooping soil or in any way changing the existing grade of the land. See "Grading" also. Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape or form of a tree. Exotic shall mean a plant species that was introduced to Florida, either purposefully or accidentally, from a natural geographic range outside of Florida. Exterior zone shall mean the outer area of a lot, public or private, defined by an imaginary line drawn parallel and offset twenty (20) feet in from the front and rear property lines and seven and one-half (71/2) feet in from side property lines. Grading shall mean the placement, removal or movement of earth by use of mechanical equipment on a property. See "Excavation" also. Ground cover small means a plant material which reaches an average maximum height of not more than eighteen (18) inches at maturity. Grubbing means the effective removal of understory vegetation from a site which does not include the removal of any trees with DBH greater than three (3) inches. Hardwood shall mean an angiosperm, a flowering tree or a broad-leaved tree, as distin- guished from a gymnosperm or cone -bearing tree. Hazard or hazardous shall mean a danger or risk of bodily injury or property damage. Indigenous shall mean a plant species naturally occurring within a specific habitat or biogeographical region prior to significant human impacts. See "Native" also. Interior zone shall mean the inner area of a lot, public or private, defined by an imaginary line drawn parallel and offset twenty (20) feet in from the front and rear property lines and seven and one-half (71/2) in feet from side property lines. This area is also referred to as the "buildable area." Supp. No. 37 1355 § 23-8 ATLANTIC BEACH CODE Invasive exotic plant shall mean an exotic plant species that has escaped cultivation, naturalized, and established in a natural area allowing it to aggressively expand and reproduce on its own, and subsequently, alter native plant communities by out -competing for resources such as light, nutrients, water and space, killing native species, or otherwise adversely affecting natural ecosystems. Invasive exotic plants are those plants recognized on the Florida Noxious Weed and Invasive Plants List (F.A.C. 5B-57.007). Landscape materials shall mean living material, including trees, shrubs, vines, lawn grass, and ground cover; landscape water features; and nonliving durable material commonly used in landscaping, including rocks, pebbles, sand, and brick pavers, but excluding impervious surfaces (pavement). Mitigation shall mean prorated payment for trees removed, either in terms of replacement trees (newly planted or relocated), or alternatively, deposit of a cash equivalent value in the tree conservation trust fund. Native shall mean a plant species occurring within the city boundaries prior to European contact according to the best available scientific and historical documentation. More specifi- cally, it includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape. Naturalized exotic shall mean an exotic species that sustains itself outside cultivation. Nondevelopment activity shall mean any alteration of the natural environment which does not require development plan approval or issuance of a building permit, but which would include the proposed removal or destruction of any trees or vegetation regulated by this chapter. Nuisance shall mean any tree, shrub, bush, grass or ground cover, or other woody vegetation, on public or private property which is endangering or which in any way may endanger the public health, safety, security or usefulness of any public street, public utility line or sidewalk; also, any tree, shrub, bush, grass or ground cover, or other woody vegetation with an infectious disease or insect problem. Offsite shall mean any location outside the boundaries of the project site. Onsite shall mean any location within the boundaries of the project site. Person shall mean any landowner, lessee, building contractor, developer or other entity involved in the use of real property, including agents, employees, independent contractors, whether persons, firms, associations, corporations, partnerships, joint ventures, estates, trusts, business trusts, syndicates, fiduciaries, governmental bodies, agencies or officials. Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes any damage, abnormal growth or mortality of any tree, shrub, bush, grass or ground cover, or woody vegetation. Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches in order to increase usefulness, beauty and vigor. Supp. No. 37 1356 PROTECTION OF TREES AND NATIVE VEGETATION § 23-8 Pruning standard shall mean the following: American National Standard Institute, Stan- dard for Tree Care Operations—Tree, Shrub and Other Woody Plant Maintenance—Standard Practices (ANSI A300, current edition); American National Standard Institute, Safety Stan- dards for Tree Care Operators (ANSI Z133.1, current edition); National Arborist Association Pruning Standards for Shade Trees (current edition). Qualified professional shall mean a person who possesses, in addition to skill, a special registration, certification, or knowledge which is obtained by formal education and training, and which is inherently or legally necessary to render him or her capable, competent, and eligible to perform the particular responsibilities called for. Regulated tree shall mean any tree as follows: (1) Private regulated tree shall mean any tree on private property, except those species listed on the Florida Noxious Weed and Invasive Plant List (current edition), meeting the following conditions: a. A DBH of six (6) inches or more, and located within the exterior zone of said private property; b. A DBH of twenty (20) inches or more, and located within the interior zone of said private property, if zoned residential; or c. A DBH of ten (10) inches or more, and located within the interior zone of said private property, if zoned nonresidential. (2) Public regulated tree shall mean any tree on public property, except those species listed on the Florida Noxious Weed and Invasive Plant List (current edition), meeting the following conditions: a. A DBH of six (6) inches or more, and located within the exterior zone of said public property; or b. A DBH of ten (10) inches or more, and located within the interior zone of said public property. (3) Heritage tree shall mean any tree determined by the city commission to be of unique or intrinsic value due to its age, size, species and/or cultural, ecological or historical significance or some other contribution to the city's character, specifically including all Cypress, Live Oak and Magnolia trees with a DBH of thirty (30) inches or greater and in good condition, as determined by a recognized knowledgeable person or qualified professional; also, any tree designated as a Florida State Champion, United States Champion, or World Champion by the American Forestry Association. Heritage trees may be located within parks, on street yards, or other public property. On private property, heritage trees are voluntarily nominated by the property owner. The city administrator shall keep a record of all heritage trees so designated and their location. Regulated vegetation shall mean vegetation located within any area designated as an "environmentally sensitive area," as defined by the city of Atlantic Beach Comprehensive Plan Supp. No. 37 1357 § 23-8 ATLANTIC BEACH CODE including, but not limited to, all wetlands, all beach and dune areas seaward of the coastal construction control line, and all areas designated as conservation on the future land use map. Shade tree shall mean any self-supporting woody plant of a species that is generally well -shaped, well -branched, and well -foliated which normally grows to a minimum average height of at least thirty-five (35) feet with a minimum average mature crown spread of at least thirty (30) feet, and which is commonly accepted by local horticultural and arboricultural professionals as a species which can be expected to survive for at least fifteen (15) years in a healthy and vigorous growing condition over a wide range of environmental conditions. Shrub shall mean a self-supporting woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its low stature and habit of branching from the base. Site shall mean the total area within the property boundaries of a principal parcel to be developed, or contiguous parcels intended for development under a common scheme or plan. Stop work order, as used in this chapter, shall mean an order from the designated administrative official to immediately halt all vegetation and tree removal, any form of site or soil disturbance, or other activity with potential to impact trees or vegetation regulated by this chapter. Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting property, including but not limited to alley, avenue, drive, lane, place, road, street, terrace, way, or other means of ingress or egress, regardless of the term used to describe it. Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a trunk Dili. of at least three (3) inches or more and which normally attains an overall height of at least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. Trees shall be classified as follows: (1) Large: Having an average mature height of fifty (50) feet or more. (2) Medium: Having an average mature height of at least thirty (30) feet but less than fifty (50) feet. (3) Small: Having an average mature height of at least fifteen (15) feet but less than thirty (30) feet. Tree conservation trust fund (tree fund) shall mean an account established by the city to provide an opportunity to make equivalent value cash payment to the city in lieu of providing the required landscape or tree stock on a site. Tree protection plan shall mean the plan required pursuant to this chapter, identifying and showing the location, type, size and health of existing trees, stating the ultimate disposition of the trees, showing the type, size and location of any trees to be planted and setting forth measures to protect trees before, during and after construction. Supp. No. 37 1358 PROTECTION OF TREES AND NATIVE VEGETATION § 23-10 Tree protection zone shall mean the area located around the perimeter of the dripline of a tree in which no activity such as clearing, filling, excavating, storage of materials, parking of vehicles, or any other activity that in the opinion of the administrator may damage the tree. At the discretion of the administrator, the tree protection zone may be reduced for trees located on smaller lots in order to reasonably protect the tree and facilitate construction on the development parcel. Tree removal shall mean any act that physically removes the tree or its roots from the earth or causes a tree to die including, but not limited to, changing the natural grade above or below the root system or around the trunk or improper pruning where the natural form of the tree is permanently changed and results in tree death or decline. Tree or vegetation removal permit shall mean the written authorization issued by the city to proceed with vegetation or tree removal in accordance with the provisions of this chapter, which may include mitigation requirements and other terms and conditions as needed to create consistency with this chapter. The terms permit, tree permit, vegetation removal permit or tree removal permit may be used interchangeably as appropriate to the context. Tree technical manual (TTM) shall mean a manual, developed and maintained by the city, pursuant to this chapter, which contains the standards and specifications for sound arboricultural practices, techniques and procedures to be practiced within the city. Underbrushing shall mean the removal of understory vegetation, either by hand or with the use of equipment, which neither disturbs the soil nor causes the destruction of any tree. Understory vegetation shall mean assemblages of natural low-level woody, herbaceous, and ground cover species not normally considered to be trees which exist in the area below the canopy of the trees, including any tree that is less than three (3) inches DBH. Vegetation shall mean any plant material including, but not limited to, trees, shrubs, vines, herbs and grasses, including marsh grasses and any coastal dune vegetation. Vegetation inventory shall mean a scaled drawing which delineates the location and common and/or scientific name of vegetation upon a parcel of land, including trees greater than three (3) inches DBH and palms with an overall height of more than eight (8) feet. If necessary, a survey or other professionally prepared document, certified as appropriate, may be required as part of the vegetation inventory. Viable shall mean having the capacity to live and develop. Weed shall mean any undesired, uncultivated plant that grows in profusion so as to crowd out a desired plant. (Ord. No. 95-09-98, § 2(Exh. A), 1-12-09) Secs. 23-9-23-10. Reserved. Supp. No. 37 1359 § 23-11 ATLANTIC BEACH CODE ARTICLE III. TREE AND VEGETATION REGULATIONS* DIVISION 1. IN GENERAL Sec. 23-11. Scope. The provisions of this chapter shall be administered as set forth within this chapter. administrative procedures, authorities and responsibilities of the city commission and the administrator are set forth herein. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) DIVISION 2. ADMINISTRATION Sec. 23-12. City commission. The city commission shall have the following authorities and responsibilities: (1) To establish fees and fines related to the administrative costs of carrying out the requirements of this chapter. (2) To establish a tree conservation trust fund to collect and disburse monies for the purpose of growing and maintaining the city's community forest. (3) To amend this chapter as may be needed to accomplish the stated purpose and intent of this chapter. (4) To hear and decide appeals where it is alleged there is an error in any order, requirement or decision made by the administrator in the implementation of this 7 chapter. 01d. No. u5-10-101, § 2(Exh. A), 2-22-10) Sec. 23-13. Administrator. The administrator shall have the following authorities and responsibilities: (1) To accomplish all administrative actions required by this chapter, including issuance of proper notices; receipt and review of applications; issuance of tree and vegetation removal permits; receipt and processing of appeals and any stop work orders. (2) To maintain all records relating to this chapter and its administration. (3) To provide written instructions to applicants related to the required process for applications as required by this chapter. (4) To receive, process and make administrative determinations on all applications for tree and vegetation removal permits as set forth in section 23-23. *Editor's note—Section 2(Exh. A) of Ord. No. 95-10-101, adopted Feb. 22, 2010, amended art. III in its entirety to read as herein set out. Former art. III, §§ 23-11-23-16, 23-21-23-26, 23-30-23-37, 23-40, 23-41, and 23-46-23-51 pertained to similar subject matter, and derived from Ord. No. 95-09-98(Exh. A), adopted Jan. 12, 2009. Supp. No. 37 1360 PROTECTION OF TREES AND NATIVE VEGETATION § 23-14 (5) To refer applications for tree and vegetation removal to other departments and agencies for comment, as set forth in section 23-23, as may be needed. (6) To conduct field inspections as needed to make determinations related to tree and vegetation protection or removal. (7) To review preliminary development plans, applications for certain building permits, including site and lot plans with appropriate city staff, to determine whether proposed construction, alterations, repair or enlargement of a structure is in compliance with the provisions of this chapter. (8) To recommend to the city commission projects consistent with the purpose and intent of this chapter, with a written statement outlining the costs and benefits of such projects. (9) To recommend to the city commission amendments consistent with the implementa- tion of the purpose and intent of this chapter, with a written statement outlining the need for such changes. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-14. Tree conservation trust fund. (a) Establishment of trust fund. The city commission hereby recognizes and reaffirms the prior establishment of the tree conservation trust fund ("tree fund") for the purposes of accepting and disbursing monies paid to the city as part of tree mitigation and any other funds deposited with the city for the purpose of tree and vegetation conservation and protection. This fund shall be used solely for the planting of trees, the protection and conservation of existing trees where appropriate, or the re-establishment of vegetative resources in the city and any other ancillary costs associated with such activities, provided that such ancillary costs shall not exceed twenty (20) percent of the cost of the particular project. (b) Terms of existence. The tree fund shall be self-perpetuating from year to year unless specifically terminated by the city commission. (c) Tree fund assets. All funds received shall be placed in trust for and inure to the public use and environmental benefit of the city. Said funds shall be used and distributed as designated by the city commission. (d) Tree fund administration. (1) Trust funds shall be used only for the purposes designated by the city in accordance with the intent of this chapter and the applicable goals, objectives and policies as set forth within the comprehensive plan. (2) All mitigation funds collected pursuant to this chapter shall be deposited in the tree fund, which shall be a separate account established and maintained apart from the general revenue fund of the city. Supp. No. 37 1361 § 23-14 ATLANTIC BEACH CODE (e) Disbursal of tree conservation trust fund assets. (1) Expenditures for projects funded by the tree conservation trust fund shall be made in accordance with the established purchasing procedures of the city. (2) Priority shall be given to the use of funds for projects that plant or replace trees or vegetation along public rights-of-way or on properties and lands in public use that will provide needed shade, aesthetic enhancement or the re-establishment of tree canopy in neighborhoods and along public roadways. Secondarily, funds may be used for purchase of landscape materials or equipment necessary and proper for the preservation, maintenance, relocation or restoration of trees and ecosystems on any public land in the city, or for the funding of community educational programs which promote, enhance or implement the goals and objectives established in this chapter. (Ord. No. 95-10-101, § 2(E)d. A), 2-22-10) Secs. 23-15-23-20. Reserved. DIVISION 3. PERMITS Sec. 23-21. Permits required by this chapter. Unless specifically exempted within following section 23-22, permits are required for removal of trees on all lands and in connection with all development, construction or clearing activities within the City of Atlantic Beach, which shall include the following: (1) New development on any previously undeveloped lands, or redevelopment on any vacant land where structures may have been fully or partially cleared_ (2) Major development on all existing developed sites having any structure or vehicle use areas where additions, renovations, upgrades or site changes are intended or antici- pated within a one-year period of time when any such activity is valued at ten thousand dollars ($10,000.00) or more. Where value is in question, determination shall be made by the building official. (3) Clearing, excavation, grading, grubbing or trenching of previously undeveloped land, regardless of whether any future development is intended or anticipated; it being the intent of the city that no parcel, site or lands be indiscriminately or unnecessarily cleared of regulated trees and regulated vegetation unless mitigation or replacement as required by this chapter is provided. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-22. Exemptions from the requirement for a permit. The following activities shall be exempt from the requirements to apply for and receive a tree or vegetation removal permit, except that none of these exemptions shall be construed to apply to any coastal dune vegetation seaward of the coastal construction control line or to Supp. No. 37 1362 PROTECTION OF TREES AND NATIVE VEGETATION § 23-22 heritage trees. Such vegetation and trees shall be fully subject to the provisions of this chapter and any state permitting requirements applying to the coastal zone. All other development activity as described in preceding section 23-21 involving the removal of regulated trees and regulated vegetation shall require issuance of a tree removal permit. The person(s) claiming any exemption shall have the burden of proving entitlement to such exemption. The administrator may require consultation with or documentation from a certified arborist or other qualified professional to verify certain conditions. (1) No development activity or minor development activity on previously developed sites. Minor development activity involves any new construction, exterior additions, reno- vations or upgrades that are valued at less than ten thousand dollars ($10,000.00.) For the purpose of determining whether this exemption does or does not apply, the administrator shall consider the cumulative valuation of all permits issued six (6) months prior and six (6) months subsequent to the tree removal. If such permits collectively exceed the stated threshold, an after -the -fact permit and mitigation shall be required. (2) Emergency situation. The removal of trees destroyed or severely damaged during or immediately following an emergency (i.e., hurricane, tropical storm, tornado, flood or any other act of nature) shall be granted an exemption when the administrator determines that permitting requirements will hamper private or public work to restore order to the city. (3) Safety hazard. The removal of trees that pose imminent danger to the public health, safety and general welfare shall be granted an exemption upon inspection and determination by the administrator that immediate removal without delay is required. (4) Diseased or pest -infested trees. the removal of diseased or pest -infested trees shall be granted an exemption upon inspection and determination by the administrator that removal is needed for the purpose of preventing the spread of disease or pests. (5) Noxious invasive trees. The removal of invasive or nuisance trees, as currently listed by the Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC) or some other recognized authority, shall be granted an exemption upon inspection and verification by the administrator. (6) Utility operations. The pruning and/or removal of trees or understory vegetation by duly authorized communication, water, sewer, electrical or other utility companies or federal, state, county or city agencies, or engineers or surveyors working under a contract with such utility companies or agencies, shall be exempt, provided the removal is limited to those areas necessary for the maintenance of existing lines or facilities or for the construction of new lines or facilities in furtherance of providing utility service to its customers, and provided further that the activity is conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not Supp. No. 37 1363 § 23-22 ATLANTIC BEACH CODE greater than that specified by the National Electrical Safety Codes as necessary to achieve safe electrical clearances. Notwithstanding this exemption, any such entity shall provide adequate prior notice to the city before commencing such work. (7) Surveyors /engineers. The pruning of trees and/or removal or understory vegetation by a Florida -licensed land surveyor or engineer in order to provide physical access or view necessary to conduct a survey or site examination for the performance of professional duties related to land surveying, soil percolation and/or soil bore tests shall be exempt provided that such alteration is limited to a swath of ten (10) feet or less in width. However, land clearing for surveys shall not authorize the removal of regulated trees or regulated vegetation. (8) City crews. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within public rights-of-way, within any utility or drainage ease- ments or within the illumination areas of street lights, and other public lands as may be necessary, and shall not be subject to mitigation assessment. The city shall not have the responsibility to maintain, prune or remove any damaged, dead or diseased trees on any private property within the city. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-23. Permits procedures. (a) Application required. The applicant for a tree removal permit shall submit the established fee along with the application form as created and provided by the city to the designated administrative department. The application shall contain all required narrative and graphical information necessary to determine compliance with this chapter. If the applicant is not the property owner, proper owner's authorization shall also be required. (1) Existing lots or parcels. When a tree or vegetation removal permit is required, applications for tree or vegetation removal shall be made prior to removal and prior to any site disturbance or grading on a lot or parcel. (2) New or re platted subdivisions. Applications for tree or vegetation removal that will be part of a new subdivision plat or a re -plat shall be submitted along with the preliminary subdivision plat application so that due consideration may be given to the protection of regulated trees and regulated vegetation during the site planning and subdivision process. Trees to be protected shall be noted on the final subdivision plat, and subsequent applications for individual lots or parcels shall be consistent with the approved final subdivision plat, or application for a new tree removal permit shall be required. (3) After -the -fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after -the -fact permit, and meet mitigation requirements as assessed. Supp. No. 37 1364 PROTECTION OF TREES AND NATIVE VEGETATION § 23-23 (b) Sufficiency review of applications. Upon receipt of the application and appropriate fee, the administrator shall conduct a preliminary review within five (5) business days to determine that all required information has been submitted and is sufficient for review purposes. The administrator may refer the application to other city department(s) or a qualified professional consultant during preliminary review. The applicant shall be notified if extended review by other departments and/or professionals is required. The applicant shall be notified of any deficient items. Upon submittal of deficient or missing information, the administrator shall again review the application. If the requested information has not been provided or is insufficient, the applicant shall be notified in writing that no further review will be performed until the requested information is provided and found to be sufficient. However, an application shall be deemed abandoned thirty (30) days after the date the administrator notifies the applicant of any deficiencies contained in the application if the applicant has failed to submit the deficient or missing information. The administrator may, upon written request and justification by the applicant, grant not more than one (1) 30 -day extension. At the expiration of the extension, the application shall automatically become null and void. (c) Review by other agencies. At the discretion of the administrator, relative to the environmental sensitivity of the site, appropriate written sign -offs, permits or consents from the agencies listed below which have jurisdiction may be required prior to regulated tree or regulated vegetation removal from sites contiguous to or containing environmentally sensitive areas or lands. The applicant shall obtain this information and submit the agencies' written verification to the city: (1) Army Corp of Engineers (ACOE); (2) Saint Johns River Water Management District (SJRWMD); (3) Florida Department of Environmental Protection (FDEP); (4) Any other applicable governmental agencies extending jurisdictional controls over the site. (d) Compliance review and approval of applications. Applications will be reviewed and tree or vegetation removal permits will be issued in accordance with the following: (1) Time for review. Once an application has been deemed sufficient, the administrator shall conduct a full compliance review of the application and approve, approve with conditions or deny the application with seven (7) business days. (2) Standards for review. The administrator shall consider the following in making a determination of compliance with the provisions of this chapter. a. Necessity to remove trees which pose a safety hazard, as determined by the director of public works, to pedestrian or vehicular traffic, or threaten to cause disruption to public services or result in a significant obstacle to accessing and utilizing public easements and rights-of-way. Supp. No. 37 1365 § 23-23 ATLANTIC BEACH CODE b. Necessity to remove trees which pose a threat to buildings and other improve- ments 011 a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non -occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. c. Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury, or trees with severe structural defects that pose a safety hazard to people, buildings, or other improvements on a lot or parcel of land. d. Necessity to remove trees in order to construct approved and permitted improve- ments to allow reasonable economic enjoyment of the property. e. Existence of any adverse site conditions which may affect the implementation of the provisions of this chapter. (e) Expiration of permits. Upon approval of the application by the administrator, the permit shall be issued. Work pursuant to the permit shall commence within twelve (12) months of the date of issuance, or the permit shall expire. (f) Content of permits. The permit shall be issued in such form as may be prescribed by the administrator and shall set forth in detail the conditions upon which the permit is granted and specifically identify which land areas shall be cleared and/or which trees shall be permitted to be removed. One (1) permit may cover several trees or groups of trees as long as the trees or groups of trees can be clearly identified thereon; provided, however, no permit may be issued for more than one (1) lot, parcel or area of land unless such lots, parcels or areas of land shall be contiguous to one another and considered as one (1) parcel for the purpose of development. (g) Posting of permits. The permit shall be posted in a conspicuous and visible place at the front of the property by the applicant promptly after issuance. The permit shall remain posted On the property during all applicable treyand vegetation l ,_ - �---_ �- 4a.�cLUU1Vi1 removal c1t.1.1VfVy X11(1 U11Lil 11111.1 inspection by the city. It is the responsibility of the applicant to maintain the permit in a clearly visible manner at all times. (h) Amendment of permits. Requests for minor changes to approved plans shall be made as an amendment to the applicable permit, and shall require payment of an administrative processing fee. Additional information submitted with a request for permit amendment shall be adequate to fully document the nature of the proposed change and the effect it will have on all aspects regulated by this chapter. All plans, reports, calculations, and other information affected by the proposed amendment shall be updated so as to maintain an accurate record of the development activity. Review time for any changes to plans approved for a permitted site shall be the same as specified for the review of a new application. An amendment to a permit shall not automatically extend the expiration date. Substantial changes, including significant increases in the number of trees to be removed or land to be cleared, increases in impervious surface area, changes to intended land use, modification of stormwater management systems, or any other change that constitutes a major modification to a site plan or subdivision, new phases of development or other additions, shall not be treated as amendments, but shall require a new permit application and fee. Supp. No. 37 1366 PROTECTION OF TREES AND NATIVE VEGETATION § 23-24 (i) Revocation of permits. (1) By administrator. The administrator may revoke any permit issued pursuant to this chapter, following notice in writing to the permittee and after providing the permittee opportunity to respond to the notice, in either of the following circumstances: a. The administrator finds that the permittee has continued with any development activity on a site for which a permit was issued, while the site is under a stop work order which has not been reversed, canceled or suspended pursuant to this chapter, except for specified remedial work required to bring the violation into compliance with the approved permit; or b. If the administrator finds that the approval of the permit was based on incorrect information furnished by the applicant for the permit. Based upon such finding, however, the administrator may make reasonably necessary accommodations to the conditions of a permit in lieu of revoking it. (2) Discontinuance of work. Revocation of a permit may also result in a stop work order in accordance with section 23-48. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-24. Inspections and site preparation. (a) Inspections. The following inspections shall be conducted in conjunction with all development activities subject to the requirement for a tree or vegetation removal permit. (1) Initial inspection. The administrator shall conduct an initial inspection of the site prior to approval of any application. (2) Protective barricade inspection. A protective barricade inspection shall ensure proper installation of measures prior to the initiation of any other development activity where required as a condition of the permit. (3) Final inspection and notice of completion. A final inspection and notice of completion shall occur when all development activities permitted for the site have been completed. No certificate of occupancy shall be issued, nor any building or premises occupied, unless and until the administrator has determined after final inspection that all work, including land clearing, regulated tree or regulated vegetation removal, tree protection and tree replacement, has been done in accordance with the approved permit and plan. (4) Maintenance inspections. The administrator shall have the authority to conduct on-site maintenance inspections subsequent to final inspection and notice of comple- tion, and to require correction of all deficiencies and violations in accordance with this chapter. (b) Site preparation. Prior to requesting initial and/or protective barricade inspection, the applicant shall prepare the site with proper staking and taping as necessary to allow the administrator to locate and identify the lot or parcel to be inspected; to determine the building Supp. No. 37 1367 § 23-24 ATLANTIC BEACH CODE site; to locate the proposed buildings or other proposed structures or improvements that will disturb vegetation, and to ensure clear understanding between the property owner, contractor, administrator and other inspectors that may be involved. (1) The address or legal description of the property shall be displayed in a conspicuous manner. (2) The property corners shall be marked according to survey with wooden stakes. Each stake shall be flagged with surveyor's tape or with bright colored paint. Any property crossed by the coastal construction control line shall have that line marked on the ground with conspicuous wooden stakes and surveyor's tape or durable waterproof string and shall be clearly labeled "CCCL". (3) All trees to be preserved during development activities shall be barricaded according to a tree protection plan consistent with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the administrator to implement this part. (4) All trees proposed for removal shall be identified with red or orange surveyor's tape or paint. (5) All trees proposed for protection as mitigation for removed trees shall be identified with blue or green surveyor's tape or paint. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Si 22.2 Appeelf. (a) Procedure to file an appeal. Appeals of final actions or decisions by the administrator made under the authority of this chapter may be made by adversely affected person(s) to the city commission in accordance with the following provisions: (1) Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the decision or final order being appealed. (2) Appeals shall be heard at a public hearing within a reasonable period of time with proper public notice, as well as due notice to interested parties. (3) It shall be the responsibility of the appellant to demonstrate that the final action or decision being appealed was improper or not in accordance with the provisions of this chapter. (4) In the case that the city commission finds the appeal to have merit, the city commission shall have the authority to rescind or modify the original final action or decision, and/or remand the matter to the administrator for reconsideration. Supp. No. 37 1368 PROTECTION OF TREES AND NATIVE VEGETATION § 23-30 (b) Stay of work. Such appeal to the city commission shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the appropriate designated administrative official shall certify to the city commission that a stay would cause imminent peril to life or property. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-26. Fees. (a) Application fees. The city commission hereby establishes the following fees related to the administrative costs of carrying out the requirements of this chapter. These fees shall be payable to the city at any time an application is submitted for approval, amendment, or extension of a permit required by this chapter, or when a final action or decision by the administrator is appealed. Applications for tree and vegetation removal related requests shall not be considered as complete applications until such time as required fees have been paid in full. (1) Tree and vegetation removal permit application. The tree and vegetation removal permit application fee shall cover the processing and review of the application as well as one (1) initial inspection, one (1) protective barricade inspection, one (1) final inspection and one (1) maintenance inspection per year. Any additional inspections required due to inadequate site preparation or reports of violation of the provisions of this chapter will be charged a reinspection fee as provided below: a. Single- or two-family residential uses (per lot) $ 125.00 b. Multifamily residential uses 250.00 c. Commercial or industrial uses 250.00 d. Institutional and any other uses 250.00 (2) Minor amendments 50.00 (3) Extensions 50.00 (4) Appeals 125.00 (b) Reinspection fees. 50.00 (c) Research or extensive time fees (per hour) 50.00 (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Secs. 23-27-23-29. Reserved. DIVISION 4. GENERAL PROVISIONS Sec. 23-30. Minimum tree requirements. These minimum tree requirements shall apply to all property within the city that is subject to the provisions of this chapter. Credit will be given for trees on the Atlantic Beach Supp. No. 37 1369 § 23-30 ATLANTIC BEACH CODE Recommended Species List, but none will be given for trees on the Atlantic Beach Prohibited Species List. Section 24-177 of this Municipal Code also provides additional landscaping requirements for nonresidential uses. (1) Residential uses. For each parcel upon which a single-family, two-family or multifamily dwelling unit, or associated residential accessory unit is proposed, or where the primary activity is residential in nature: One (1) four -inch caliper tree shall be planted and/or preserved for every two thousand five hundred (2,500) square feet of development parcel area or portion thereof, excluding therefrom preserve areas and water bodies. Of the minimum required trees, one (1) tree shall be provided or preserved within the required front yard. (2) Commercial uses. For each parcel upon which a commercial structure or associated accessory use is proposed, or where the primary activity is commercial in nature: One (1) four -inch caliper tree shall be planted and/or preserved for every eight thousand (8,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies. (3) Industrial uses. For each parcel upon which an industrial structure or associated accessory use is proposed, or where the primary activity is industrial in nature: One (1) four -inch caliper tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies. (4) Public/semi-public (governmental or institutional) uses. For each parcel upon which a government structure or associated accessory use is proposed, or where the primary in nature: activity r tsi��'iilC,i�senii-�7it�iiii, One (1) four -inch caliper tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-31. General prohibitions. (a) Excessive or improper pruning. It shall be unlawful to engage in excessive or improper pruning techniques on trees intended for shade purposes where such trees are required pursuant to an approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. This limitation shall not be construed to prohibit the trimming or pruning of trees that create a clear risk of danger to persons or property during flood, high wind or hurricane events. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. Supp. No. 37 1370 PROTECTION OF TREES AND NATIVE VEGETATION § 23-32 (c) Tree spiking. It shall be unlawful to introduce any type of poison or reactive material to a tree for the purpose of causing the tree to die or become diseased. (d) Attachments. It shall be unlawful to attach anything, including signs, permits, nails or spikes that may be injurious or cause damage, to a tree having a diameter of three (3) or more inches caliper. Exceptions are protective wires, braces or other devices used to support a tree. (e) Unauthorized clearing of undeveloped lots. It shall be unlawful to clear any undeveloped lot, parcel, or lands such that the land is substantially denuded of regulated trees and regulated vegetation in any manner or for any purpose unless a proper tree removal permit has been issued. The extent to which removal constitutes substantial denuding shall be determined by the administrator based upon the number, type and condition of existing on-site regulated trees and regulated vegetation in comparison to that proposed to be removed. If clearing is authorized, the minimum requirements of section 23-30 shall be met. (f) Unauthorized clearing of developed lots. It shall be unlawful to clear the trees from any developed lot such that the minimum requirements of section 23-30 are not maintained. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-32. Tree protection during development and construction. (a) Restrictions during construction. (1) Placement of materials, machinery, or temporary soils. It shall be unlawful for any person(s) to cause or allow the storage of construction materials, the use of heavy equipment or machinery, or the temporary storage of soil deposits within the tree protection zone of any tree or group of trees to be retained. (2) Disposal of waste materials. It shall be unlawful for any person(s) to cause or allow the disposal of waste materials such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the tree protection zone of any tree or groups of trees, or where planting beds are to be situated. (b) Burden of tree protection on property owner: The property owner(s) and their agent(s) shall ensure that any tree shown on the vegetation inventory for which a tree removal permit has not been obtained is to be protected. The property owner shall guarantee survival of retained trees and replacement trees for three (3) years from the date the city accepts the trees and landscaping as complete, unless a greater time period is required by a development order. If a retained or replacement tree dies during that time period, the property owner shall replace the tree in accordance with a remedial action as required by this chapter. (c) Protective barriers and signage required. Protective barriers and signage shall be installed around every tree or group of trees to be preserved prior to commencement of construction, in compliance with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the administrator to implement this part. (1) Temporary protective barriers shall be placed at least six (6) feet from the base of any tree, and shall encompass at least fifty (50) percent of the area under the dripline of any tree or trees to be preserved or retained for mitigation credit, unless otherwise approved by the administrator. Supp. No. 37 1371 § 23-32 ATLANTIC BEACH CODE (2) Temporary protective barriers shall be at least three (3) feet high, and shall consist of either a wood fence with two-by-four posts placed a maximum of eight (8) feet apart with a two-by-four minimum top rail, or a mesh fence, or other similar barrier which will limit access to the protected area, unless otherwise approved by the administrator. (3) Waterproof, rigid sign(s) shall be affixed to each individual barricade, such that there is one (1) sign every fifteen (15) feet along the length of the barricade. The signs shall contain the following words, and will be made available by the city at the time of permit issuance: FIGURE 1. TREE PROTECTION ZONE SIGNAGE TREE PROTECTION ZONE (TPZ) No grade change, storage of materials, vehicles or equipment is permitted within this TPZ. This tree protection barrier must not be removed without the written authorization of the City of Atlantic Beach. For information, call (904) 247-5800. (d) Adjacent properties. The property owner(s) or their agent(s) shall ensure protective barricading of all trees located on adjacent properties, that have root or branch systems that encloach upon the subject property, and that may potentially be impacted by development activities. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-33. Mitigation to be assessed. (a) Mitigation required. Unless mitigation in the form of payment into the tree conservation trust fund has been approved in accordance with section 23-37, mitigation in the form of tree replacement, relocation or preservation shall be required to offset any impacts resulting from the removal of regulated trees as a condition of the tree or vegetation removal permit. Replacement or relocation shall be the preferred methods of mitigation. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): Supp. No. 37 1372 PROTECTION OF TREES AND NATIVE VEGETATION § 23-33 TABLE 1. STANDARD MITIGATION ASSESSMENT CLASSIFICATION OF PROPERTY CLASSIFICATION OF REGULATED TREE Interior Exterior Heritage Private parcels 1:2 1:2 1:1 Public parcels 1:1 1:1 2:1 Public rights-of-way, easements, etc. 1:1 2:1 3:1 Environmentally sensitive areas 2:1 2:1 3:1 Historic corridor 2:1 2:1 3:1 (c) General conditions. Mitigation shall be rn the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. (d) Tree preservation. Existing onsite trees that are three (3) inches DBH or greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if preserved onsite. (e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater and that would otherwise be removed from the site because of development may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if relocated onsite. (f) Tree replacement. (1) Replacement size. New replacement trees shall be a minimum of "Florida Number One", as defined in the most current edition of the Grades and Standards for Nursery Plants, published by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry. a. Oaks shall have a minimum four -inch caliper and twelve -foot height at time of installation. b. All other new replacement trees shall have a minimum two-inch caliper and ten -foot height at time of installation. c. Palms shall have a minimum clear trunk height of eight (8) feet at time of installation. d. New replacement shade trees shall be of a species typically yielding an average mature crown spread of no less than thirty (30) feet in Northeast Florida and shall be chosen from the Atlantic Beach Recommended Species List, maintained and published by the city. Upon approval of the administrator, alternate species not appearing on the recommended list may be utilized, but in no case shall trees from the Atlantic Beach Prohibited Species List, also maintained and published by the city, be utilized for mitigation credit. Supp. No. 37 1373 § 23-33 ATLANTIC BEACH CODE (2) Selection criteria. a. New oaks shall be used to replace removed oaks. Upon approval of the adminis- trator, hardwood species yielding similar canopy may be used to mitigate removed oaks. b. New palms may be used only to replace removed palms. Upon approval of the administrator, a cluster of three (3) palms, subject to the other conditions of this section, may be used to meet the requirements of a single shade tree. (3) Placement criteria. a. Avoidance of underground utilities. No trees except those with a normal mature height of less than thirty (30) feet may be planted within five (5) linear feet of the centerline of any utility easement. b. Avoidance of aboveground utilities and public facilities. No trees may be planted closer to any curbs, curb lines, sidewalks or aboveground utilities than the following, except for plans demonstrating no conflict with existing aboveground utilities or public facilities, and approved by the administrator: 1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall have a minimum setback of three (3) feet. 2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall have a minimum setback of six (6) feet. 3. Large trees with normal mature height of fifty (50) feet or more shall have a minimum setback of ten (10) feet. c. Spacing. The following spacing requirements shall serve as general guidelines for the optimal growth and viability of trees, though trees may be planted closer together upon approval of the administrator: 1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall be spaced at least ten (10) feet. 2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall be spaced at least twenty (20) feet. 3. Large trees with normal mature height of fifty (50) feet or more shall be spaced at least thirty (30) feet. 4. Spacing of two (2) or more trees of differing sizes shall be based upon the spacing requirements of the largest tree. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Supp. No. 37 1374 PROTECTION OF TREES AND NATIVE VEGETATION § 23-35 Sec. 23-34. Maintenance and monitoring requirements. The applicant shall be responsible for maintaining the health of any replacement or relocation trees for three (3) years from planting. (1) Determination of success. The applicant shall determine the condition of each tree, three (3) years after the tree was relocated or planted. This determination shall be submitted to the city for approval within thirty (30) days of being made. Should any tree die or be in a state of decline within three (3) years of being planted or relocated, the applicant shall be required to replace the tree within sixty (60) days of that determination. The three-year monitoring and approval period shall begin anew whenever a tree is replaced. If that replacement tree is found not to be viable at the end of the second monitoring period, the applicant may pay the appropriate amount into the tree fund in lieu of planting a third replacement tree. If the applicant fails to replace the tree or to pay the appropriate amount into the tree fund within sixty (60) days, the applicant shall be in violation of this chapter. (2) Large-scale projects. If a permit includes the relocation of ten (10) or more trees, or the planting of one hundred (100) or more replacement trees, the determination of success for the overall mitigation effort shall be based upon a percent survival rate. A successful project shall be one (1) in which ninety (90) percent or more of the newly planted or relocated trees are determined to be viable after a period of three (3) years. If a large-scale project is determined to be successful on this basis, additional replacement trees will not be required. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-35. Elimination of undesirable species. The natural vegetative communities existing within the city shall be protected by the control and elimination of non-native invasive species. To that end, the following guidelines shall apply: (1) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for mitigation credit. (2) Removal of nonnative invasive species from nonresidential properties (excluding jurisdictional wetlands), shall be completed, whenever practicable, as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable. (3) Procedures for the control and elimination of non-native invasive species shall in no way promote the proliferation of the species through the dispersal of seed or other means. (4) Procedures for the control and elimination of non-native invasive species shall in no way harm or cause the decline of desirable species that are to be preserved, planted or relocated. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Supp. No. 37 1375 § 23-36 ATLANTIC BEACH CODE Sec. 23-36. Elimination of contagious diseased and pest -infested trees. The natural and cultivated vegetative communities existing within the city shall be protected by the control and elimination of trees afflicted with rapid -spreading contagious diseases and pests. Upon identification and/or confirmation of such infection or infestation by a certified arborist or other qualified professional, the city shall give notice to the property owner to remove the afflicted tree. Such tree removal shall be exempt from the permit application requirements, as set forth in section 23-22. Further, mitigation shall not be required, provided however, the subject property is in compliance with minimum tree requirements, as set forth in section 23-30. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-37. Payment in lieu of replacement/relocation. It is the intent of this chapter that all reasonable methods be used to replace or relocate trees onsite. Payment to the tree fund in lieu of replacement or relocation shall not be construed as a routine mitigation option. Rather, it shall be reserved for cases where the ability to replace or relocate trees onsite is restricted by circumstances related to federal, state or local regulations and requirements including but not limited to conflicts with rights-of-way, utilities, stormwater facilities, septic fields and environmentally sensitive areas. The value to be paid into the tree fund shall be established and adopted by resolution of the city commission, and payments to the tree fund may be approved in accordance with the following provisions: (1) For single- and two-family residential uses. If an applicant, at the time of application, demonstrates a successful plan to accomplish at least fifty (50) percent of the required mitigation onsite, the administrator shall approve the application and issue a permit 'n accordance with section 2323. The ieiilainiiig b ian e of Lite required mitigation shall be payable to the tree fund within seven (7) days of such determination. (2) For commercial, industrial and all other uses. Applications for tree or vegetation removal permits for all uses and development, other than single- and two-family residential uses, shall replace or relocate required mitigation onsite, except in cases where the administrator finds, based upon the above stated conditions, that onsite mitigation is not possible. Upon approval of a mitigation plan by the administrator, a permit shall be issued by the administrator, and the remaining balance of the required mitigation shall be payable to the tree fund within seven (7) days of such determina- tion. (3) Where payment in lieu of replacement or relocation is approved, as set forth in preceding subsections (1) or (2), the applicant shall pay the equivalent value of the portion not planted or relocated, to the city's tree fund. The approved mitigation payment shall be payable to the tree conservation trust fund within seven (7) calendar days of the approved mitigation order. Mitigation payments not received within the prescribed time period shall result in the filing of a lien on the subject property. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Supp. No. 37 1376 PROTECTION OF TREES AND NATIVE VEGETATION Sec 23-46 Secs. 23-38-23-39. Reserved. DIVISION 5. AREAS OF SPECIAL CONCERN Sec. 23-40. Applicability. There exist within the city certain areas which contain trees or vegetation of special value and concern, or areas of such great social, cultural, historical, ecological, environmental or economic significance that they may warrant added measures of protection. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-41. Historic corridors and heritage trees. (a) Designation. The city commission may by resolution designate historic corridors or individual heritage trees. In doing so, the city commission shall specifically identify those streets, or portions thereof, or trees, which shall be so designated. (b) Criteria. In considering whether roadways or portions thereof shall be designated as historic corridors, the city commission may consider the following criteria: (1) The presence of historically significant tree coverage or landscaping, as individual plants or in groupings. (2) The presence of culturally significant tree coverage or landscaping. (3) The presence of significant architectural structures with associated tree coverage or landscaping. (c) Documentation. The administrator shall maintain a record of all historic corridors so designated and their location shall be reflected on city maps as such. (d) Mitigation. Mitigation required for the removal of designated heritage trees and trees within designated historic corridors, shall be at a higher rate than removal of nondesignated tree(s), as specified in section 23-33, as an extra measure to encourage protection of such trees. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Secs. 23-42-23-45. Reserved. DIVISION 6. VIOLATIONS, ENFORCEMENT AND PENALTIES Sec 23-46. Violations. Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions Supp. No. 37 1377 Sec 23-46 ATLANTIC BEACH CODE of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. (1) Development activity. It shall be a violation of this chapter for any person(s) to engage in development or other activity, which has the potential to damage, destroy or remove, or cause the destruction or removal of any tree or vegetation as regulated herein, without complying with all applicable provisions of this chapter. (2) Compliance with approved permit. It shall be a violation of this chapter for any person who has obtained a permit from the city pursuant to the requirements of this chapter to fail to comply with the requirements of the approved permit and any conditions attached thereto. (3) Compliance with general conditions of permit. The following minimum conditions shall apply to every permit issued pursuant to this chapter, and violation of or failure to comply with any such condition(s) shall be a violation of this chapter: a. Permit and plans onsite. Approved permits and plans shall be available onsite at all times during development activity. b. Responsible individual onsite. Whenever site work is ongoing, there shall be an individual at the site who shall be responsible for the ongoing work and who shall have the familiarity with the project to ensure work is proceeding according to approved plans. This provision is not intended to require that a single individual remain onsite during all operations, only that at all times there shall be a designated person in responsible charge. (4) Maintenance requirements. It shall be a violation of this chapter for any person(s) who is engaged in development activity on property located within the city or in accordance with a permit issued by the city pursuant to this chapter, or who has obtained title to property upon which such activities have taken place, to fail to comply with the minimum standards and maintenance requirements set forth herein. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-47. Notice of violation. Whenever the administrator determines that a violation of this chapter has occurred, the administrator shall immediately issue written notice to the person(s) in violation, identifying the nature and location of the violation and specifying that remedial action is necessary to bring the violation into compliance. The person(s) in violation shall immediately, conditions permitting, commence remedial action and shall have seven (7) calendar days after the receipt of notice, or such longer time as may be specified in the notice, to complete the remedial actions required to bring the violation into compliance with this chapter. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Supp. No. 37 1378 PROTECTION OF TREES AND NATIVE VEGETATION § 23-49 Sec. 23-48. Stop work order. (a) Authority to stop work. The city manager or designee of the city manager shall have the authority to immediately issue a stop work order in any of the following circumstances: (1) Whenever land is being cleared without an approved permit or in a manner inconsis- tent with the approved permit; (2) Upon the failure of the permittee, or failure of the property owner if no permit exists, to take immediate corrective action when there is an apparent danger to life or property; (3) Whenever ongoing noncompliant work is not immediately and permanently stopped upon receipt of a written or oral notice of violation; (4) Whenever protection measures have not been implemented or maintained and danger to regulated trees or regulated vegetation exists or appears imminent; (5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this section is not completed in the time period specified; or (6) Upon failure to post or have the approved permit and plans available onsite. (b) Content and scope of stop work order. The stop work order shall specify the circum- stances that have resulted in issuance of the order. It shall also direct that all work be stopped other than such remedial work as is deemed necessary to bring the violation into compliance, or it may specify the cessation of specific work by functional nature, such as land clearing, regulated tree or regulated vegetation removal, grading, roadway construction, building erection or utility construction. The order may apply to the entire project or to geographical portions of the project that may be individually specified. (c) Failure to comply after notice of violation and stop work order. If the person(s) in violation fails to complete the required remedial action within the prescribed time, or continues any development activity in violation of a stop work order, the administrator may refer such matter to the code enforcement board or may initiate any other enforcement action or remedies as authorized by law. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-49. Requirement for emergency or immediate corrective action. Where it is determined by the city that failure to maintain stormwater management facilities, erosion, sediment or tree/vegetation protection controls, or failure to conform to the provisions of this chapter or permit conditions, is resulting in danger or damage to life or property, the city may require immediate corrective action. Protection controls which are breached due to development activity, wind, rain or other factors shall be repaired within twenty-four (24) hours of breach. Failure to take such immediate corrective action when notified shall constitute a violation of this chapter. If immediate corrective measures are not taken by the permittee or property owner and the conditions of the site are such that there is Supp. No. 37 1379 § 23-49 ATLANTIC BEACH CODE danger or hardship to the public, the city may enter upon lands, take corrective actions, and place a lien on the real property of such person(s) to recover the cost of the corrective measures. In addition, the administrator may revoke any permit issued pursuant to this chapter. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-50. Code enforcement action. Failure to complete remedial actions required to bring the violation into compliance with this chapter shall result in code enforcement action pursuant to chapter 2, article V, division 2 of the Municipal Code of Ordinances as well as other remedies available under applicable law. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec, 23-51. Penalties. (a) General provisions. Any person(s) violating a provision of this chapter shall be punishable according to the law or in accordance with the findings of the duly appointed code enforcement board. (1) Violations of this chapter are considered irreparable and irreversible in nature. (2) Each day any violation continues shall constitute a separate offense. (3) Each regulated tree removed from a site in violation of these regulations shall constitute a separate offense. (4) Each acre or fraction thereof, of land cleared in violation of these regulations shall constitute a separate offense. (5) Person(s) charged with violations of this chapter may include: a. The owner, agent, lessor, lessee, contractor or any other person(s) using the land, building or premises where such violation exists. b. Any person(s) who maintains any land, building or premises upon which a violation exists. c. Any person(s) who knowingly commits, takes part, or assists in such violation. (b) Building permits. No building permit shall be issued for a site unless and until a required tree or vegetation removal permit has been issued, or while any violation of this chapter exists on the subject site. (c) Injunction. Any affected person(s) may seek an injunction against any violation of the provisions of this chapter and recover from the violator such damages as he or she may suffer including, but not limited to, damage to property as a result of development or failure to maintain, in violation of the terms of this chapter. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after -the -fact permit, the fee for which shall be two (2) times the normal Supp. No. 37 1380 PROTECTION OF TREES AND NATIVE VEGETATION § 23-60 established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. (3) If a lot, parcel, site or portion thereof, has been cleared such that the administrator is unable to determine with reasonable certainty the number and size of regulated trees and/or regulated vegetation removed in violation of this chapter, analysis of aerial photography or other such accepted scientific methodology shall be used to make a determination as to the loss of canopy and/or land cover for the purpose of assessing mitigation. A civil fine of five dollars ($5.00) per square foot of canopy or land cover lost shall be assessed by the administrator, and shall be payable to the tree fund within seven (7) days of such assessment. No further work or development shall proceed until the city is in receipt of any such assessed fine. (4) Any person(s) exhibiting a documented history of chronic or repeated violations of this chapter shall, upon third offense, be reported to the Florida Department of Business and Professional Regulation, as well as any other authority governing licensing, registration or certification of individuals or businesses. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Secs. 23-52-23-60. Reserved. [The next page is 14031 Supp. No. 37 1381 Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Chapter 24 LAND DEVELOPMENT REGULATIONS* In General, §§ 24-1-24-15 Language and Definitions, §§ 24-16-24-30 Zoning Regulations, §§ 24-31-24-185 Div. 1. In General, §§ 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, §§ 24-101-24-115 Div. 6. Special Planned Area District (SPA), §§ 24-116-24-150 Div. 7. Supplementary Regulations, §§ 24-151-24-175 Div. 8. Landscaping, §§ 24-176-24-185 Subdivision and Site Improvement Regulations, §§ 24-186-24-261 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, §§ 24-251-24-261 Environmental and Natural Resource Regulations, §§ 24-262-24-272 Div. 1. Wellhead Protection, §§ 24-262-24-269 Div. 2. Protection of Wetland, Marsh and Waterway Resources, §§ 24-270-24- 272 Concurrency Management System, §§ 24-273-24-279 Div. 1. Concurrency Management System, §§ 24-273-24-279 *Editor's note -Section 2(Exh. A) of Ord. No. 90-10-212, adopted March 8, 2010, repealed and replaced former Ch. 24, Arts. I -VI, §§ 24-1-24-284, in its entirety. Former Ch. 24 pertained to zoning, subdivision and land development regulations and derived from Ord. No. 90-03-184, § 2, adopted Dec. 8, 2003; Ord. No. 90-04-185, § 1, adopted June 28, 2004; Ord. No. 90-06-188, § 1, adopted March 13, 2006; Ord. No. 90-06-189, § 1, adopted Feb. 27, 2006; Ord. No. 90-06-193, § 1, adopted May 22, 2006; Ord. No. 90-06-195, § 1, adopted Sept. 11, 2006; Ord. No. 90-06-196, § 1, adopted Nov. 13, 2006; Ord. No. 90-06-197, § 1, adopted Dec. 11, 2006; Ord. No. 90-07-198, § 1, adopted Jan. 8, 2007; Ord. No. 90-07-199, § 1(Exh. A), adopted April 23, 2007; Ord. No. 90-07-200, §§ 1 and 2(Exh. A), adopted July 9, 2007; Ord. No. 90-07-201, § 1(Exh. A), adopted Aug. 13, 2007; Ord. No. 90-08-203, § 1(Exh. A), adopted March 24, 2008; Ord. No. 90-08-206, §§ 1(b) and (c), adopted Aug. 25, 2008; Ord. No. 90-09-208, § 1, adopted Sept. 14, 2009; Ord. No. 90-09-210, § 1, adopted Sept. 28, 2009; and Ord. No. 90-09-211, § 1, adopted Oct. 26, 2009. See Code Comparative Table for complete history derivation. 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. 37 1403 § 24-1 ATLANTIC BEACH CODE ARTICLE I. IN GENERAL Sec. 24-1. Adoption and authority. This chapter, together with all future amendments hereto, is adopted under the terms granted by the Charter. The city commission does hereby exercise the power to classify land within the jurisdiction of the City of Atlantic Beach into zoning districts; to review, approve or deny requests to change zoning district classifications; requests for uses -by -exception; re- quests 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. 90-10-212, § 2(Exh. A), 3-8-10) 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, and general welfare of the public; and to help accomplish the goals and objectives of the comprehensive plan. Further: (a) 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, and general welfare of the community. (b) It is not intended by this chapter to interfere with or abrogate or annul any easements or other private agreements between parties. Where any provision of this chapter imposes restrictions that are different from those imposed by any other provision of this chapter, or any other ordinance, rule or regulation, or other provision of law, whichever provisions are the more restrictive or impose higher standards shall control. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-3. Jurisdiction. The provisions of this chapter shall apply to all lands, buildings, structures and to the uses within the jurisdiction of the City of Atlantic Beach. No land, building or structure shall be used, moved, added to or enlarged, altered or maintained except in conformance with the provisions of this chapter and in conformance with the comprehensive plan. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-4. Amendments. For the purpose of providing for the public health, safety and general welfare of the City of Atlantic Beach, the city commission may, from time to time, amend the provisions of this Supp. No. 37 1404 LAND DEVELOPMENT REGULATIONS § 24-16 chapter. Public hearings on all proposed amendments shall be held by the city commission or the community development board in the manner as prescribed by Florida law and as set forth within section 24-52 of this chapter. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-5. Legal status and consistency with the comprehensive plan. Pursuant to Section 163.3194(1), Florida Statutes, as may be amended, all development undertaken, and all actions taken in regard to development, shall be consistent with the adopted comprehensive plan. Further, all land development regulations enacted or amended shall be consistent with the adopted comprehensive plan, and in the event of inconsistency between the requirements of any zoning or land development regulations, the provisions of the comprehensive plan shall prevail. The city commission shall have the authority to amend the adopted comprehensive plan in accordance with the process established within Section 163.3184, Florida Statutes. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-6-24-15. Reserved. ARTICLE II. LANGUAGE AND DEFINITIONS Sec. 24-16. Construction of language. The following rules of construction shall apply to the text of this chapter: (a) The particular or specific shall control the general. (b) In case of any difference in the meaning or implication between the text of this chapter and any caption or illustrative table, the text shall control. (c) The word "shall" is always mandatory and not discretionary. The word "may" is permissive. (d) "Building" or "structure" includes any part thereof, and these terms may be used interchangeably. (e) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." (f) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either ... or," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected items, conditions, provisions or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. Supp. No. 37 1405 § 24-16 ATLANTIC BEACH CODE (3) "Either/or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination. (g) The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (h) In the event that the provisions, as set forth within this chapter, conflict with those of any other federal law, Florida Statute, local ordinance, resolution or regulation, including the comprehensive plan for the City of Atlantic Beach, or any other applicable law, the more stringent standard, limitation or requirement shall govern to the extent of the conflict, and further provided that such other requirement is not in conflict with the adopted comprehensive plan. (i) Any reference to Florida Statutes, the Florida Administrative Code, the Florida Building Code, and any other federal, state or local ordinance, resolution or regulation shall mean as in effect at the time such is applied, including all amendments made effective after the initial effective date of these land development regulations. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-17. Definitions. For purposes of this chapter, the following terms shall have the meanings as set forth within this section. Where applicable and appropriate to the context, definitions as set forth within the Florida Building Code, within Florida Statutes, or as established by state or federal agencies of government as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Terms used in this chapter, but not defined within this section shall have their common meaning. Note: The definitions set forth within this section establish the meaning of terms used throughout this chapter and the city's Municipal Code of Ordinances and are also instructive as to how these land development regulations are implemented related to the use and limitations on the use of lands within the city. Abandoned vehicle shall mean any junked, discarded, or inoperable motor vehicle, including any boat, motorcycle, trailer and the like, with a mechanical or structural condition that precludes its ability for street travel or its intended use, or one that is dismantled, discarded, wrecked, demolished or not bearing current license tags. No such vehicle shall be parked or stored openly in any zoning district unless expressly permitted within that zoning district. Abutting property shall mean any property that is immediately adjacent to or contiguous to the subject property, or that is located immediately across any road or public right-of-way from the subject property. Accessory structure shall mean any structure located on a lot, not attached to the principal building, and ancillary in use to the principal building. Pump houses for exterior well pumps and the like not exceeding nine (9) square feet in area and four (4) feet in height shall not be considered as accessory structures. Pump houses larger than nine (9) square feet or four (4) feet in height shall be considered as a private garage for the purpose of determining height and Supp. No. 37 1406 LAND DEVELOPMENT REGULATIONS § 24-17 area regulations. This definition shall not include fences, hedges and walls, storage structures not exceeding eight (8) feet in height and eighty (80) square feet, flagpoles, children's play equipment, pet houses and landscape elements provided such are otherwise in compliance with the requirements of this chapter. Accessory use is one (1) that is ancillary and incidental, but related to the principal use of the property. Addition shall mean an extension or increase in floor area or height of a building or structure. Administrative official as used within this chapter shall mean that person(s) designated by the city manager or the city commission to perform such duties as required pursuant to this chapter. Adversely affected person, as used within this chapter, shall mean a person who is suffering or will suffer an adverse effect to an interest protected or furthered by these land development regulations or the City of Atlantic Beach Comprehensive Plan. The alleged adverse effect may be shared in common with other members of the community, but must exceed in degree the general interest in community good shared by all persons in the community. Alley shall mean a public or private way, which affords only a secondary means of access to property abutting thereto, which is not otherwise designated as a thoroughfare for general traffic. Alteration shall mean any change in the arrangement of a building; any work affecting the structural parts of a building; or any change in electrical, plumbing, heating or air conditioning systems. Animal hospital. See "Veterinary clinic" or "Hospital." Apartment house. See "Dwelling, multifamily." Applicant shall mean the title owner of record, or his authorized representative, of lands that are the subject of a request for a change in zoning classification, a use -by -exception, a variance, an appeal or any development permit. Appraised value shall mean the value to an improvement or property as determined by a certified appraiser. For the purpose of determining the appraised value, the certified appraisal shall have been performed within the previous twelve (12) months. Arbor shall mean a landscape element designed solely to support vines, branches or landscape elements, and which does not contain any type of solid roof. Assessed value shall mean the value to an improvement or property as determined by the Duval County Property Appraiser in the manner provided by Florida law. Supp. No. 37 1407 § 24-17 ATLANTIC BEACH CODE Automotive service, minor shall mean the limited, minor or routine servicing of motor vehicles or parts, but shall not include heavy automotive repair. Facilities containing more than two (2) work bays, and performing any type of automotive service or repair shall be defined as heavy automotive repair. Automotive repair, heavy shall mean the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinking of alcoholic beverages. Base flood elevation (BFE) [shall mean] the elevation shown on the FEMA flood insurance rate map for zones AE, AH, A1 --A30, AR, AR/A, AR/AE, AR/A1--A30, AR/AO, V1—V30, and VE that indicates the water surface elevation resulting for a flood that has a one -percent chance of equaling or exceeding that level in any given year. Best management practice (BMP) shall mean the methods that have been determined to be the most effective, practical and sound means to achieve an objective related to water supply, stormwater, vegetative, conservation or environmental resource management. Block shall mean an arrangement or combination of lots, the perimeter of which abuts street rights-of-way or other publicly -owned lands. This may be construed to include approved subdivision plans with lot arrangements or combinations where only a portion of the perimeter abuts a street right-of-way or publicly -owned land. Boarding house, rooming house, lodging house or dormitory shall mean a building or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more unrelated persons and where no cooking or dining facilities are provided in individual rooms. Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in any amount and form satisfactory to the city commission. All bonds shall be approved by the city commission wherever a bond is required by this chapter. (1) Maintenance bond: Upon issuance of the certificate of occupancy, or when required improvements are installed prior to recording the plat, surety may be required to be posted in the amount of one hundred (100) percent of the original engineer's estimate of the cost of improvements. The condition of this obligation is such that the city will be protected against any defects resulting from faulty materials or workmanship of the aforesaid improvements for a period of one (1) year. (2) Performance bond: When required improvements are installed after recording the plat, surety may be required to be posted in the amount of one hundred and twenty-five (125) percent of the engineer's estimate of costs, including landfill. Buffering. See "Screening." Supp. No. 37 1408 LAND DEVELOPMENT REGULATIONS § 24-17 Buildable area shall mean that portion of a parcel which may be constructed upon in accordance with the provisions of this chapter and any other restrictions of City Code, applicable state or federal regulations or a recorded subdivision plat. Unless otherwise provided for within any such restriction, buildable area shall exclude building setbacks, utility and drainage easements, stormwater facilities, wetlands and lands seaward of the coastal construction control line. Building shall mean a structure designed or built for support, enclosure, shelter or protection of persons, animals or property of any kind. Building shall include any structure constructed or used for a residence, business, industry or other private or public purpose, including buildings that are accessory to such uses, provided such buildings are in compliance with the Florida Building Code. Building permit shall mean any permit, which authorizes the commencement of construc- tion in accordance with the construction plans or site plans approved by the city under the provisions of this chapter and other applicable federal, state and local regulations. Building, principal shall mean a building within which is conducted the principal use of the lot or property upon which the building is situated. Building setback shall mean the minimum required horizontal distance between the front, rear or side property lines of the lot and the front, rear or sides of the building. When two (2) or more lots under single or unified ownership are developed as a single development parcel, the exterior lot lines of the combined parcel(s) shall be used to determine required building setbacks. Building setback and building restriction line may have the same meaning and may be used interchangeably where such lines are recorded on a final subdivision plat. Building restriction line (BRL) shall mean the line(s) extending across the front, sides and/or rear of the property, as depicted on a platted lot of record. Buildings shall be contained within building restriction lines. Building restriction lines, which may require a greater building setback than the minimum yard requirement of the applicable zoning district, and which have been recorded upon a final subdivision plat approved and accepted by the city, shall be enforceable by the city. Car wash shall mean an area of land or a structure with either a machine or hand operated facilities, used principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include any type of repair or servicing of motor vehicles or the dispensing of automotive fuels. Cemetery shall mean land used or intended to be used for the burial of animal or human dead and dedicated for cemetery purposes, including mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery. Certificate of occupancy or certificate of completion shall mean that certificate issued by the City of Atlantic Beach subsequent to final inspection by the building official verifying that all improvements have been completed in conformance with the requirements of this chapter, any final subdivision plat, and the approved construction plans and the Florida Building Code. Supp. No. 37 1409 § 24-17 ATLANTIC BEACH CODE Certified survey shall mean a survey, sketch plan, map or other exhibit containing a written statement regarding its accuracy or conformity to specified standards certified and signed by the registered surveyor under whose supervision said survey was prepared. Certified survey is inclusive of all types of surveys as may be required by these land development regulations. Change of use shall mean discontinuance of an existing use and the substitution of a different use as classified by these land development regulations. In the case of question regarding use, such use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget. Child care means the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours per day, on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his individual needs, and for which a payment, fee, or grant is made for such care. Child care provided within private homes shall be limited to care of not more than five (5) children, unrelated to the operator, within a single time period, and shall be licensed and operated in accordance with all applicable requirements of the Florida Department of Children and Families and section 24-152 of this chapter. Child care facility shall include child care centers, day nurseries, kindergartens, and any child care arrangement, which provides child care for more than five (5) children unrelated to the operator, and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. This definition shall not include family day care home. Church shall mean a building used for nonprofit purposes by a recognized or established religion as its place of worship. A single residential dwelling unit for occupancy by the pastor or minister and their families may be located within the church or on the same property as the church. Ancillary recreational and fundraising activities such as bingo nights are permitted. City shall mean the City of Atlantic Beach. Clinic shall mean an establishment where patients, who are not kept overnight, are admitted for examination and treatment by one (1) person or a group of persons practicing any form of healing or health services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists; dentists or any such profession, the practice of which is lawful in the State of Florida. Club shall mean a privately owned establishment owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service or product, which is customarily carried on as a business. Ancillary recreational and fundraising activities such as bingo nights are permitted. Coastal construction control line (CCCL) shall mean the line as determined by the Florida Department of Environmental Protection (FDEP), and regulated under authority of the Beach and Shore Preservation Act, Chapter 161, Florida Statutes, which is administered by the FDEP. Supp. No. 37 1410 LAND DEVELOPMENT REGULATIONS § 24-17 Code shall mean the Municipal Code of Ordinances for the City of Atlantic Beach, Florida. Community center shall mean a facility available for public use, which may be used for recreation activities, meetings and social gatherings, and also for government, cultural, civic or similar type activities. Comprehensive plan shall mean the local government comprehensive plan, which was adopted by the city commission pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, consistent with Chapter 163, Florida Statutes, and which serves as the legal guideline for the future development of the city. Pursuant to Section 163.3194(1)(b), Florida Statutes, in the case of any inconsistency between the provisions of this chapter and the comprehensive plan, the comprehensive plan shall prevail. Construction plans shall mean the construction and engineering drawings, specifications, tests and data necessary to show plans for construction of the proposed improvements to land, and shall be in sufficient detail to permit evaluation of the proposals. Corner lot. See "Lot, corner." Covenants shall mean various forms of private agreements and deed restrictions recorded in the public records that restrict the use of private property. Such agreements are private contractual arrangements, and the city has no authority or obligation to monitor or enforce such agreements, but where these land development regulations impose a greater restriction on the use and development of land, the provisions of these regulations shall govern. The term "covenants" shall include restrictive covenants, and other similar terms used to describe such private agreements. Density shall mean the number of residential dwelling units permitted per acre of land, or portion thereof, exclusive of rights-of-way, canals and drainage ditches, lakes, rivers and jurisdictional wetlands or lands seaward of the coastal construction control line. Allowable density shall be established by the comprehensive plan, as may be amended. Development and redevelopment shall be defined according to Section 380.04, Florida Statutes, as follows: (a) Development means the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land and the dividing of land into more than two (2) parcels. (b) The following activities or uses shall be taken for the purposes of this chapter to involve development, as defined in this section: (1) A reconstruction, alteration of the size or material change in the external appearance of a structure on land. (2) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices or dwelling units in a struc- ture or on land. Supp. No. 37 1411 § 24-17 ATLANTIC BEACH CODE (3) Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any coastal construction, as defined in Section 161.021, Florida Statutes. (4) Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of land. (5) Demolition of a structure. (6) Clearing of Land as an adjunct of construction. (7) Deposit of refuse, solid or liquid waste or fill on a parcel of land. (c) The following operations or uses shall not be taken for the purposes of this chapter to involve development as defined in this section: (1) Work by highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. (2) Work by a utility and/or other person engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing or construction on established rights-of-way, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like. (3) Work for maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. (4) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. (5) A change in the ownership or form of ownership of any parcel or structure. (6) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land. Development parcel or development site shall mean the contiguous or adjacent lands, lots or parcels for which a unified development project is proposed. Development permit shall include any building permit, variance, use -by -exception, site plan, plat or subdivision approval, rezoning, or other official action of the City of Atlantic Beach, which shall permit the use or development of land upon proper issuance of said permit. Development project shall mean a unified development constructed or reconstructed on contiguous lands. District shall mean zoning district classifications as established by the official zoning map and as set forth within division 5 of this chapter. Dual rear wheel vehicle shall mean a motor truck, trailer, semitrailer or tractor/trailer combination with a load capacity in excess of two (2) tons, used for commercial/private use and used as a means of transporting persons or property over the public street of the city and propelled by power other than muscular power which have more than or are designed to have Supp. No. 37 1412 LAND DEVELOPMENT REGULATIONS § 24-17 more than four (4) weight-bearing wheels, except that a dual rear wheel pick-up truck not used for commercial purposes or recreation vehicle shall not be deemed to constitute a dual rear wheel vehicle. A public service vehicle used for emergencies shall not be deemed to constitute a dual rear wheel vehicle. Duplex. See "Dwelling, two-family." Dwelling unit shall mean a single unit providing complete independent living facilities for one (1) family as defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling, multifamily shall mean a residential building designed for or occupied exclusively by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single-family shall mean a building containing one (1) dwelling unit, and not attached to any other dwelling unit by any means, and occupied by one (1) family only. Dwelling, two-family (duplex) shall mean a residential building containing two (2) dwelling units designed for or occupied by two (2) families, with the number of families in residence not exceeding one (1) family per dwelling unit. Easement shall mean a grant from a property owner or public agency for the use of land for a specific purpose or purposes by the general public or a public agency, by a corporation or by certain person(s). Eaves and cornices shall mean typical projections, overhangs or extensions from the roof structure of a building. Eaves and cornices shall not project beyond forty-eight (48) inches into required front and rear yards. Eaves and cornices shall not project into required side yards beyond twenty-four (24) inches. Elevation certificate shall mean a survey of the elevation of the lowest finished floor and adjacent ground in the local floodplain datum as required by Federal Emergency Management Agency (FEMA). Elevation certificates shall be prepared and certified by a land surveyor, engineer, or architect who is authorized by commonwealth, state, or local law to certify elevation information. Environmentally sensitive areas shall include lands, waters or areas within the City of Atlantic Beach which meet any of the following criteria: (a) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of Environmental Protection (FDEP) and the St. Johns River Water Management District (SJRWMD); (b) Estuaries or estuarine systems; (c) Outstanding Florida waters and natural water bodies; (d) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), and those beach and dune areas seaward of the coastal construction control line; Supp. No. 37 1413 § 24-17 ATLANTIC BEACH CODE (e) Areas designated as conservation by the future land use map; (f) Essential habitat to listed species as determined by approved methodologies of the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, and the U.S. Fish & Wildlife Service. Family shall mean one (1) or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants and minor children under the age of eighteen (18). Persons living and cooking together in a domestic relationship and as an integrated single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a family, provided that such alternative definition of family shall not exceed two (2) persons over the age of eighteen (18). The term "family" shall not be construed to mean fraternities, sororities, clubs, convents or monasteries, or other types of institutional living arrangements. Family day care home shall mean as defined by state law. (See also "Group care home.") Pursuant to Section 166.0445, Florida Statutes, the operation of a residence as a family day care home registered and licensed with the Department of Children and Family Services or other licensing agency shall constitute a permitted residential use and shall not require approval of a use -by -exception. Fence shall mean any horizontal structure constructed of wood, vinyl, lattice, masonry, fence wire, metal or similar materials for the purpose of enclosing, screening or separating land. Open frames, open trellises, or similar open landscape fixtures, designed solely to support landscaping and plant materials shall not be construed as a fence, but shall comply with applicable regulations for such features as set forth within section 24-157 of this chapter. Finished floor elevation (FFE) shall mean the surface elevation of the lowest finished floor of a building. Minimum required finished floor elevation is established by the FEMA insurance rate map (FIRM) and expressed as the minimum elevation of the top of the first floor of a building. Minimum FFE within the City of Atlantic Beach is eight and one-half (8.5) feet above mean sea level (see also subsection 24-82(k)). Floor area shall mean the sum of the horizontal areas of all floors of a building or buildings, measured from exterior faces of exterior walls or from the center line of walls separating two (2) attached buildings. Foster home shall mean any establishment or private residence that provides 24-hour care for more than three (3) children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, and whether or not operated for profit. Freeboard is a factor of safety expressed in feet above the base flood elevation (BFE). Within the City of Atlantic Beach, required freeboard is two and one-half (2.5) feet. Future land use, as used in this chapter, shall mean the future land use as designated by the adopted comprehensive plan future land use map, as may be amended. Garage apartment shall mean a dwelling unit for not more than one (1) family, which is combined with a private garage, allowed only as set forth within section 24-88. A garage Supp. No. 37 1414 LAND DEVELOPMENT REGULATIONS § 24-17 apartment shall not be leased or rented for periods of less than ninety (90) consecutive days. Only one (1) garage apartment shall be allowed on a residential lot, subject to the provisions of section 24-88. Garage, apartment building shall mean a building, designed and intended to be used for the housing of vehicles, belonging to the occupants of an apartment building on the same property. Garage, private shall mean a detached residential accessory structure or a portion of the principal building used as a work or hobby space, for recreation or leisure activities, or for the storage of motor vehicles and personal property belonging to the occupants of the principal building. A private garage may contain sleeping quarters, electrical service and plumbing, but shall not contain a kitchen and shall not be converted to or used as a dwelling unit. No home occupation shall be conducted with a private garage, unless approved in accordance with the provisions of section 24-159. A carport shall be considered as a private garage (see subection 24-151(b)(1)d.). Garage, public shall mean a building or portion thereof, other than a private garage, designed or used for the parking, storage and hiring of motor vehicles. Public garages shall be permitted only within commercial and industrial zoning districts. Garage sale shall mean a temporary event for the sale of personal property in, at or upon any residentially zoned property, or upon any commercially zoned property independent of any business licensed under this Code to conduct retail sales upon such property. Garage sales shall include, but not be limited to, the advertising of the holding of any such sale, or the offering to make any such sale, whether made under any other name such as yard sale, front yard sale, back yard sale, home sale, patio sale, rummage sale. Government use shall mean the use of lands owned by the federal, state or local government used for a purpose, which is related to governmental functions. Any lawful activity is permitted without restriction. Any lands used by a government, which are converted to private ownership, shall comply with the requirements of the particular zoning district classification and the comprehensive plan. Grade, calculated average shall mean the average elevation of a site, calculated prior to development or redevelopment of a site or any future topographic alteration of a site. The calculated average grade shall be used for determination of the maximum allowable height of building on parcels that have topographical variation of more than two (2) feet as demon- strated by a certified topographical survey and for all oceanfront parcels. This average elevation shall be determined by the mathematical average of elevation points dispersed at approximately ten -foot equidistant intervals across the buildable area of a parcel. For sites where natural topography has been previously altered or where existing structures remain, the same method shall be used excluding areas where existing structures remain. Where required, the certified Calculated Average Grade Survey shall be submitted with Construction Plans, and the Calculated Average Grade shall be depicted on all exterior elevation sheets of the Construction Plans. See definition of Certified Survey for requirements. Supp. No. 37 1415 § 24-17 ATLANTIC BEACH CODE Note: Alteration of topography for the sole purpose of achieving greater height of building is prohibited. See also following definition for "Established grade." Grade, established shall mean the elevation of a site after any duly authorized and approved fill, excavation or topographic alterations have been completed. Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet applicable flood zone or stormwater regulations, the grade, elevation or topography of a parcel, development or redevelopment site shall not be altered. Group care home shall mean any properly licensed dwelling, building or other place, whether operated for profit or not, where adult (age eighteen (18) or older) or elder care for a period exceeding twenty-four (24) hours is provided and involves one (1) or more personal services for persons not related to the owner or administrator by law, blood, marriage or adoption, and not in foster care, but who require such services. The personal services, in addition to housing and food services may include, but not be limited to, personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security, and other related services but not including medical services other than distribution of prescribed medicines. Guest house or guest quarters shall mean a building or portion therein used only for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence. A guest house or guest quarters shall not be converted to or used as a permanent dwelling unit, shall not be rented for any period of time and shall not contain a kitchen, but may contain a kitchenette as defined herein. Height of building shall mean the vertical distance from the applicable beginning point of measurement to the highest point of a building's roof structure or parapet, and any attachments thereto, exclusive of chimneys. The appropriate method of determining the maximum allowable height of building shall be used in accordance with the following: (a) Parcels within designated special flood hazard areas as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) shall use the required finish floor elevation as the beginning point of measurement. (b) Parcels that are not located within a designated flood hazard zones and which have topographic variation of less than two (2) feet as demonstrated by a certified topographical survey shall use the highest established grade as the beginning point of measurement. Alternatively, property owners may use the calculated average grade method if preferred. (c) Regardless of flood zone designation, parcels with topographic variation of more than two (2) feet as demonstrated by a certified survey of topography, including all ocean front parcels, shall provide a certified survey of the calculated average grade, and the calculated average grade shall be used as the beginning point of measurement, excepting those parcels where the only topographical variation is a city -maintained drainage easement where the method described in preceding subsection (b) shall be used. Supp. No. 37 1416 LAND DEVELOPMENT REGULATIONS § 24-17 (d) Single -story construction where height of building is clearly below the maximum permitted height shall not be required to provide a certified survey of the calculated average grade, but shall provide the height of building as measured from the established grade on the elevation sheets of construction plans. Home occupation shall mean any use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental and secondary to the principal use of the dwelling for residential purposes and does not change the residential character thereof. Home occupations shall be allowed only in accordance with the requirements of section 24-159. Home office shall mean a business activity consisting only of a private office to be used by the occupant of the home, which is entirely located within a residential structure and does not involve any daily on -premises contact with customers or clients. A home office shall be clearly incidental and accessory to the residential use of the property, and shall not involve any employees, commercial signage, manufacturing or storage of products or materials, or the use of any equipment other than normal office equipment and shall not create any additional daily traffic. Home offices shall be a permitted accessory use in all residential zoning districts. Hospital shall mean any institution or clinic, which maintains and operates facilities for overnight care and treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments, but not including any dispensary or first-aid treatment facilities maintained by a commercial or industrial plant, educational institution, convent or convales- cent home or similar institutional use. Hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court shall mean a building, or portion of a building, containing individual guest rooms or guest accommodations for which rental fees are charged for daily or weekly lodging. This definition shall not include private homes leased for periods exceeding ninety (90) days. Impervious surface shall mean those surfaces that prevent the entry of water into the soil. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of an impervious material. Wood decking elevated two (2) or more inches above the ground shall not be considered impervious provided that the ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas. Swimming pools shall not be considered as impervious surfaces because of their ability to retain additional rainwater, however, decking around a pool may be considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open grid paving systems shall be calculated as fifty (50) percent impervious surface, provided that no barrier to natural percolation of water shall be installed beneath such material. Open grid pavers must be installed on a sand base, without liner, in order to be considered fifty (50) percent impervious. Solid surface pavers (e.g., brick or brick appearing pavers as opposed to open grid pavers) do not qualify for any reduction in impervious area, regardless of type of base material used. Unless otherwise and specifically provided for in these land development regulations, or within another ordinance, Supp. No. 37 1417 § 24-17 ATLANTIC BEACH CODE or by other official action establishing specific impervious surface limits for a particular lot or development project, the fifty (50) percent impervious surface limit shall be the maximum impervious surface limit for all new residential development and redevelopment. In such cases where a previously and lawfully developed residential lot or development project exceeds the fifty (50) percent limit, redevelopment or additions to existing residential development shall not exceed the pre -construction impervious surface limit, provided the stormwater and drainage requirements of section 24-66 are met. Improvements shall include, but not be limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs, street lights, landscaping, monuments, or any other improvement as may be required by the city commission or these land development regulations. Institutional use shall mean the structure or land occupied by a group, cooperative, board, agency or organization created for the purpose of carrying on functions, such as hospitals, schools, churches, fraternal orders, orphanages, assisted living facilities, and nursing, conva- lescent or elder care homes. Junk yard. See "Salvage yard." Kennel, pet shall mean facilities for the keeping of any pet or pets, regardless of number, for sale or for breeding, boarding or treatment purposes. This shall not include, veterinary clinics, animal grooming parlors or pet shops. Kitchen shall mean an area of a building permanently equipped for food storage, prepara- tion, or cooking. Kitchenette shall mean an area within a building containing limited kitchen facilities such as a bar sink, microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet. Land shall mean the earth, water and air, above or below, or on the surface, and includes any improvements or structures customarily regarded as part of the land. Land development regulations, as used within this Code, shall have the same meaning as defined in Section 163.3164, Florida Statutes and shall include zoning, subdivision, building and construction and other regulations controlling the use and development of land. Landscaping shall mean any of the following or combination thereof: Living materials, such as but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable materials commonly used in landscaping, such as but not limited to, rocks, pebbles, sand, walls, fences, berms, sculptures and fountains, but excluding paving. Laundromat, self-service shall mean a business that provides noncommercial clothes washing and drying or ironing machines to be used by customers on the premises. Live entertainment includes, but is not limited to, singers, pianists, musicians, musical groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers, comedians and all fashions, forms and media of entertainment carried on and conducted in the Supp. No. 37 1418 LAND DEVELOPMENT REGULATIONS § 24-17 presence of and for the entertainment and amusement of others and as distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment. Live entertainment, as used within these land development regulations, shall not include adult entertainment establishments as defined by Section 847.001(2), Florida Statutes. Loading space shall mean a space within the main building or on the same property, providing for the standing, loading or unloading of trucks or other motor vehicles, constructed consistent with the requirements of this chapter. Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted within this chapter and having its required frontage upon a street right-of-way or permanent easement, and as may be defined in Chapter 177, Florida Statutes. Lot area shall mean the area formed by the horizontal plane within the lot lines. Lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle not greater than one hundred thirty-five (135) degrees. The exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot. The exterior lot line of the longest side of the lot abutting the street shall be considered as a side of the lot and shall have a minimum required side yard of ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard requirements of the zoning district in which the property is located. Lot depth shall mean the distance measured from the middle point of the front lot line to the middle point of the opposite rear lot line. Lot line shall mean the legal boundary of a lot as established by a certified land survey. Lot of record shall mean: (a) A lot that is part of a documented subdivision, the map of which has been recorded in the office of the clerk of the circuit court; or (b) A lot or parcel of land described by metes and bounds, the description of which has been recorded in the office of the clerk of the circuit court, consistent with and in compliance with land development regulations in effect at the time of said recording Lot width shall mean the mean horizontal distance between the side lot lines, measured at right angles to its depth. Marina shall mean an establishment with a waterfront location for the purpose of storing water craft and pleasure boats on land, in buildings, in slips or on boat lifts, and including accessory facilities for purposes such as refueling, minor repair and launching. Mean high water shall mean the average height of the high waters over a 19 -year period or for shorter periods of observations; the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19 -year value, as defined in Chapter 253, Florida Statutes. Supp. No. 37 1419 § 24-17 ATLANTIC BEACH CODE Mean sea level (MSL) [shall mean] a national standard reference datum for elevations, it is the average height of the sea for all stages of the tide, usually determined from hourly height observations over a 19 -year period on an open coast or in adjacent waters having free access to the sea; formerly referred to as "mean sea level (MSL) of 1929," as elevations were historically related to the National Geodetic Vertical Datum of 1929 (NGVD); however, national map modernization initiatives now typically relate elevations to the more accurate North American Vertical Datum of 1988 (NAVD). Applicable datum (NGVD or NAVD) should be noted on all maps, surveys. Mini -warehouses shall include all those businesses commonly known as mini -warehouses, which shall be utilized for the sole purpose of storage of tangible personal property. No business activity shall be conducted within mini -warehouses. Mixed use shall mean a development or redevelopment project containing a mix of compatible uses intended to support diversity in housing, walkable communities and a need for less automobile travel and a more efficient use of land. Uses within a particular mixed use project shall be consistent with the land use designations as set forth within the comprehen- sive plan. Mobile home shall mean a structure, transportable in one (1) or more sections, which is eight (8) feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities including plumbing, heating, air condi- tioning, and electrical systems. Nonconforming lot of record shall mean a lot of record containing less than the minimum site area, site dimensions or other site requirements of the applicable zoning district, or which is not in compliance with the provisions of other currently effective land development eg ulations, as may be lawfully amended, but which was legally recorded and documented prior to the effective date of such land development regulations (see "Lot" and "lot of record"). Nonconforming structure shall mean a structure or building or portion thereof, which does not conform with the land development regulations applicable to the zoning district in which the structure is located, but which was legally established prior to the effective date of such land development regulations. Nonconforming use shall mean the use of a structure or building or portion thereof, or land or portion thereof, which does not conform with the land development regulations and / or comprehensive plan future land use map designation applicable to the lands in which the use is located, but which was legally established prior to the effective date of such land development regulations or comprehensive plan. Occupied includes designed, built, altered, converted to or intended to be used or occupied. Office use shall mean customary administrative functions associated with a business and uses involving professional services conducted within the business that do not involve on -premises production, manufacture, storage or retail sale of products. Supp. No. 37 1420 LAND DEVELOPMENT REGULATIONS § 24-17 Open space shall mean an area open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, landscaping elements, stormwater retention facilities, swimming pools, tennis courts, or similar open air recreational facilities. Streets, structures and screened or impervious roofed structures shall not be allowed in required open space. Parcel shall mean a tract of land, which may be described by metes and bounds or by recorded plat. The terms "lot," "parcel," "land," "site," "development parcel" may be used interchangeably within this Code as appropriate to the context. Parking, accessible shall mean parking spaces designed in compliance with the Americans with Disabilities Act (ADA) of 1990 Accessibility Guidelines for Buildings and Facilities (ADAAG), as may be amended. Parking lot shall mean an area used exclusively for the temporary parking of motor vehicles, whether or not a fee is charged (see section 24-161). Parking space, off-street shall mean a space consisting of an area adequate for parking motor vehicles with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but located totally outside of any street or alley right-of-way. Width, depth and arrangement of parking spaces shall conform to the requirements of section 24-161. Permitted use shall mean the uses and activities that are allowed within a particular zoning district as described within division 5 of this chapter. In the case of question regarding a typical or similar use, such use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget. Planning agency shall mean the community development board, or any other agency designated by the city commission, to serve those functions as the city's local planning agency, pursuant to Chapter 163, Florida Statutes as well as other functions as directed by the city commission. Plat, final subdivision means the plat to be recorded in accordance with engineering plans, specifications and calculations; certification of improvements, as -built drawings, or perfor- mance guarantee; and other required certifications, bonds, agreements, approvals, and materials for a development or a phase of a development or the entire parcel of land proposed for development as required pursuant to article IV of this chapter. Plat, re -plat, amended plat, or revised plat shall mean a map or delineated representation of the division or re -division of lands, being a complete and exact representation of the subdivision and including other information in compliance with the requirements of all applicable sections of this chapter, the comprehensive plan, applicable local ordinances, and Part I, Chapter 177, Florida Statutes. Principal building shall mean shall mean a building within which is conducted the main or principal use of the lot or property upon which the building is situated. Supp. No. 37 1421 § 24-17 ATLANTIC BEACH CODE Principal use shall mean the primary use of land, as distinguished from an accessory use. Property line shall mean the exterior lot lines of a single parcel or a group of lots when two (2) or more lots are considered together for the purposes of development. Public open space shall mean open space, land or water areas, available for public use, not restricted to members or residents. Recreational vehicle (RV) shall include the following types of vehicles: (a) Travel trailer shall mean a vehicular, portable structure built on a chassis and towed; designed to be used as a temporary dwelling for travel, recreation and vacation uses; permanently identified as a travel trailer by the manufacturer of the trailer; and when factory equipped for the road, having a body width not exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet. (b) Pickup coach shall mean a structure designed to be mounted on a truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation uses. (c) Camping trailer shall mean a collapsible, temporary Dwelling covered with a water- repellent fabric, mounted on wheels and designed for travel, recreation and vacation uses. (d) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automobile and into the trunk with the cover removed, and is designed for travel, recreation and vacation uses. (e) Vans or similar enclosed vehicles specially equipped for camping. Restaar ant shall mean any es ;abiishment where food is prepared or served tor consumption on or off the premises or within an enclosed business or building. Right-of-way shall mean the area of a highway, road, street, way, parkway, sidewalk, or other such strip of land reserved for a public use, whether established by prescription, easement, dedication, gift, purchase, eminent domain or other lawful means. Salvage yard shall mean a place where discarded or salvaged materials, are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Salvage yards shall include automobile wrecking, house wrecking and structural steel materials and equipment yards, but shall not include places for the purchase or storage of used furniture and household equipment, used cars in operable condition, or used or salvaged materials from manufacturing operations or for any type of automotive repair. Screening shall mean the required treatment of land parallel to adjacent lot lines, containing either: Densely planted trees and shrubs at least four (4) feet in height at the time of installation and of an evergreen variety that shall form a year round visual barrier and shall reach a minimum height of six (6) feet at maturity; or an opaque wood, masonry, brick or similarly constructed fence, wall or barrier. Where a fence, wall or similar type barrier is used, Supp. No. 37 1422 LAND DEVELOPMENT REGULATIONS § 24-17 construction materials, finish and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where appropriate, a landscaped berm may be used in place of a fence, wall or trees. Seat shall mean, for the purpose of determining the number of required off-street parking spaces, the number of chairs. In the case of benches or pews, each linear twenty-four (24) inches of seating shall count as one (1) seat. For areas without fixed seating such as standing areas, dance floors or bars, each seven (7) square feet of floor space shall constitute a required seat. Service station, automotive shall mean any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed minor automotive service, but not heavy automotive repair. Setback shall mean the required distance between the lot line and the building or structure. Unless otherwise provided for within this chapter, setbacks shall be measured from the property line to the exterior vertical wall of a building or structure. See also definition for building setback. Shopping center shall mean a group of retail stores or service establishments, planned, developed, owned and managed as an integral unit, with off-street parking provided on the property, and related in location, size and type of shops to the trade area the shopping center serves. Short-term rentals shall mean any residential rental or lease the term of which is less than ninety (90) days. Short-term rentals shall similarly be considered to be commercial uses as are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses. Sight triangle shall mean the area within the limits described by the two (2) intersecting center lines of a street and a line drawn between them from points on each center line that are a prescribed number of feet from the intersection of the center lines. Sign shall mean any identification, description, illustration, or device illuminated or nonilluminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, place, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. Sign shall also include all outdoor advertising displays as described within Section 3108.1.1, Florida Building Code, and all signs shall conform to the requirements of Section 3108 of the Florida Building Code. Supp. No. 37 1423 § 24-17 ATLANTIC BEACH CODE Site development plan shall mean a plan of development including surveys, maps, drawings, notations and other information as may be required depicting the specific location and design of improvements proposed to be installed or constructed in accordance with the requirements of this chapter. Special flood hazard areas (SFHA) as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) shall mean the area that will be inundated by a flood event having a one -percent chance of being equaled or exceeded in any given year. SFHAs are labeled as zone A, zone AO, zone AH, zones Al—A30, zone AE, zone A99, Zone AR, zone AR/AE, zone AR/AO, zone AR/Al—A30, zone AR/A, zone V, zone VE, and zones V1—V30. Story shall mean that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and ceiling above. Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting property. This includes lane, place, way, alley or other means of ingress or egress, regardless of the term used to describe it. Street classifications shall mean: Arterial highway system: The group of roads constituting the highest degree of mobility and largest proportion of total travel. Collector road system: The group of roads providing a mix of mobility and land access functions, typically within a given county or urban area, linking major land uses to each other or to the arterial highway system. The collector road system is composed of rural major collector roads, rural minor collector roads, and urban collectors (differentiation between major and minor classes is not made in urban areas). Local street system: The group of roads having land access as their primary purpose, typically within a portion of a county or urban area. Although providing the largest proportion of road miles, this system contributes little to total highway travel due to short trip lengths and low volumes. Street, private shall mean a street that is privately owned and maintained, and where a properly recorded private easement has been approved by the appropriate city agency. Street, public shall mean a street legally dedicated to public use and officially accepted by the city. Street right-of-way line shall mean the dividing line between a lot or parcel of land and the contiguous street. Structural alteration shall mean any change in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structure shall mean that which is built, constructed, placed, or erected, which is thirty (30) inches or more in height, including modular, manufactured and mobile homes, storage tanks, Supp. No. 37 1424 LAND DEVELOPMENT REGULATIONS § 24-17 or other manmade facilities and infrastructure such as, towers, smokestacks, utility poles, and overhead transmission lines, but excluding flagpoles, fences not over six (6) feet in height and landscape features that do not contain a solid or screened roof such as trellises, arbors, pergolas, fountains and statuary. Buildings constructed with a connected solid roof structure shall be considered as a single structure. Subdivision shall mean the division of land into three (3) or more lots or parcels, which may include establishment of new streets and alleys, stormwater facilities, infrastructure includ- ing, but not limited to, water, sewer, and utilities. The term "subdivision" shall also include replat and the division of previously recorded subdivisions when three (3) or more lots or parcels are created, and when appropriate to the context, subdivision also relates to the process developing land. Theater shall mean an establishment offering dramatic presentations or showing movies to the general public. Threatened or endangered species shall mean species so listed by the Florida Fish and Wildlife Conservation Commission, Florida Department of Agriculture and Consumer Ser- vices, and [the] U.S. Fish and Wildlife Service. Townhouse shall mean a residential dwelling unit constructed in a group of two (2) or more attached units with ownership lines separating each dwelling unit through a common wall(s) and where ownership of each dwelling unit is held in fee -simple title for property as defined by a metes and bounds or other valid legal description. Development of townhouses, or conversion to townhouses, shall be allowed only in compliance with Florida Building Codes related to adequate firewall separation. Further, development of townhouses, or conversion to townhouses, shall be allowed only in compliance with the applicable residential density as established by the comprehensive plan, and in accordance with section 24-87 and article IV of this chapter as well as applicable provisions of Part I, Chapter 177, Florida Statutes. Trailer, boat, horse, or utility shall mean a conveyance drawn by other motive power and used for transporting a boat, animal, equipment or general goods. See also "Recreational vehicle." Travel trailer park or court shall mean a park or court, licensed and approved by the state board of health, and established to carry on the business of parking travel trailers. Use -by -exception shall mean a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area. A use -by -exception may be granted only in accordance with the express provisions of section 24-63 of this chapter. Variance. A variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpreta- Supp. No. 37 1425 § 24-17 ATLANTIC BEACH CODE tion of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Vehicular use area (VUA) means those areas of a site to be used for off-street parking, employee parking, service drives, loading spaces and access drives within property located in the commercial and industrial zoning districts. Vested development shall mean a proposed development project or an existing structure or use, which in accordance with applicable Florida law or the specific terms of this chapter, is exempt from certain requirements of these land development regulations and/or the compre- hensive plan. Veterinary clinic shall mean any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but shall not include the boarding of well animals. Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other land development regulations contained within City Code, when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A waiver from the land development regulations may be approved by the city commission upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of the land development regulations. In considering any request for a waiver from the land development regulations, the city commission may require such conditions as appropriate to ensure that the general intent and spirit of the land development regulations are enforced. A waiver shall not modify any requirement or term customarily considered as a variance or any rcqu rcmcx ili tc:,iiii aa VaY1H.t1Ce. Wetlands shall mean those areas as defined by state law that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soils. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. The delineation of actual wetland boundaries and the jurisdictional authority of such areas may be made by professionally accepted methodology consistent with the type of wetlands being delineated but shall be consistent with any unified statewide methodology for the delineation of wetlands. Yard means a required area on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery, landscape elements and uncovered steps, decks, balconies or porches not exceeding thirty (30) inches in height, or as otherwise provided for within this chapter. Yard, front means the required yard extending across the full width of the lot, extending from the front lot line to the front building setback line as established by the zoning district Supp. No. 37 1426 LAND DEVELOPMENT REGULATIONS § 24-46 designation. Yard, rear means a required yard extending across the full width of the lot, extending between the rear lot line and the rear building setback line as established by the zoning district designation. Yard, side means a required yard extending between a side lot line and the side building setback line as established by the zoning district designation. Zoning map shall mean the official record of the City of Atlantic Beach depicting the zoning district classifications on property within the municipal limits of the City of Atlantic Beach. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-18-24-30. Reserved. ARTICLE III. ZONING REGULATIONS DIVISION 1. IN GENERAL Sec. 24-31. Scope. The provisions of this chapter shall be administered in accordance with the rules set forth within this article and the detailed regulations governing each zoning district. Administrative procedures and the responsibilities of the city commission, the community development director, and the community development board are set forth herein. Procedures for the filing of applications, for amendments to this chapter, the appeal of decisions on any matter covered within this chapter and the land development regulations are also included herein. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-32-24-45. Reserved. DIVISION 2. ADMINISTRATION Sec. 24-46. City commission. It shall be the responsibility of the city commission to perform the following duties and responsibilities in accordance with this chapter: (a) To enforce this chapter in accordance with, and consistent with, the adopted compre- hensive plan for the City of Atlantic Beach. (b) To make amendments to the comprehensive plan, this chapter, the zoning map by a simple majority vote of the city commission after holding required public hearings, and after considering a written recommendation from the community development board performing its functions as the local planning agency. (c) To approve or deny requests for subdivisions, plats and changes to plats and other previously approved special conditions of use or development in accordance with the Supp. No. 37 1427 § 24-46 ATLANTIC BEACH CODE requirements of this chapter after holding required public hearings and after consid- ering a written recommendation from the community development board where required by this chapter. (d) To authorize limited waivers, on a case-by-case basis, from a specific provision(s) of the land development regulations as set forth within this chapter and as may be contained within other chapters of City Code when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A waiver from the land development regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of these land development regulations. In considering any request for a waiver from these land development regulations, the city commission may require conditions as appropriate to ensure that the intent of these land development regulations is enforced. Awaiver shall not modify any requirement or term customarily considered as a variance or any requirement or term prohibited as a variance, and shall be considered only in cases where alternative administrative procedures are not set for the within the City Code of Ordinances. (e) To establish fees related to the administrative costs of carrying out the requirements of this chapter. (f) To appoint a community development director to administer the provisions of this chapter, who shall be the city manager or his designee. (g) To hear and decide appeals where it is alleged there is an error in any order, requirement or administrative decision made by the community development director in the enforcement of this chapter or other provision of the Code of Ordinances reguiaLiuig L i.e use and development of land. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-47. Community development board. The community development board shall be appointed by the city commission. The organization and procedures under which this board operates, its arrangement of meetings, adoption of rules and its method of hearing and acting upon variances, uses -by -exception or other related matters shall be in conformity with the provisions as set forth within this chapter and chapter 14 of [the] City Code. It shall be the responsibility of the community development board: (a) To approve or deny variances in accordance with the provisions of section 24-64. (b) To hear and make recommendations to the city commission related to applications submitted to the city for use -by -exceptions, changes in zoning district classifications, and amendments to the comprehensive plan. (c) In exercising its powers, the community development board may, in conformance with the provisions of this chapter, reverse, affirm or modify, in whole or in part, any Supp. No. 37 1428 LAND DEVELOPMENT REGULATIONS § 24-48 previously rendered order, requirement, decision or determination provided such action is based upon new evidence or where it is determined that a previous decision was made based upon inaccurate information. (d) Rulings and decisions of the community development board shall become immediately effective, unless otherwise ordered by the board. (e) The community development board shall also serve as the local planning agency for the City of Atlantic Beach and shall provide those functions as set forth in Chapter 163, Florida Statutes, as may be amended. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-48. Community development director. The community development director shall have the following authorities and responsibil- ities: (a) To administer and implement this chapter and accomplish actions required by this chapter, including proper notices as specified in this chapter or as otherwise required; the receiving and processing of appeals. (b) To provide written instructions to applicants related to the required process for requests as required under this chapter and to assist applicants in understanding the provisions of this chapter. (c) To receive and initiate the processing of all zoning and land use related applications. (d) To maintain all records relating to this chapter and its administration, as may be set forth in this chapter or otherwise be necessary. (e) To recommend to the community development board and the city commission, amendments to this chapter and the zoning map, with a written statement outlining the need for such changes. (f) To conduct necessary field inspections required to advise the community development board and the city commission related to zoning and land use matters. (g) To review preliminary development plans, applications for certain building permits, including site and lot plans, to determine whether the proposed construction, alter- ations, repair or enlargement of a structure is in compliance with the provisions of this chapter and the comprehensive plan. The building official's signature, stating ap- proval, shall be required on all development plans before a building permit shall be issued. (h) To grant minor dimensional variances or minor variances to development design standards as set forth in this chapter, excluding changes to lot area, impervious surface area, height and parking, provided the requested variance is not more than five (5) percent from the standard or requirement requested to be waived. Such minor variances shall be granted only one (1) time for any particular requirement on a single property and shall be granted only with written justification as set forth within Supp. No. 37 1429 § 24-48 ATLANTIC BEACH CODE subsection 24-64(d) or as demonstrated to preserve a protected tree. Where such variances are requested for side setbacks on both sides of a parcel, the cumulative to be waived shall not exceed five (5) percent of the required setback for a single side. For example, where the required side setback is a combined fifteen (15) feet, the maximum permitted to be waived on a single side or cumulatively on both sides is nine (9) inches. Similarly, for 20 -foot front and rear setbacks, the maximum permitted to be waived on either the front or rear or in combination is twelve (12) inches. Minor dimensional variances may also be authorized where an inadvertent surveying error has resulted in placement of a building not more than four (4) inches outside of a required building setback line. In such cases, a letter of explanation shall be provided by the surveyor, which shall remain part of the building permit file. (i) To post signs and provide for proper published notice of zoning requests in accordance with section 24-52, and to forward appropriate agenda information to be considered at the regular scheduled meetings of the community development board to members at least seven (7) days prior to the meeting date. (j) To recommend for hire such persons as necessary to assist in the fulfillment of the requirements of the office and delegate to these employees the duties and responsi- bilities assigned to the community development director as may be necessary to carry out properly, the functions of the office. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-49. Appeals. Appeals of administrative decisions made by the community development director and appeals of final decisions of the community development board may be made by adversely affected person(s) in accordance with the following provisions. Appeals shall be heard at public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties. At the hearing, any party may appear in person, by agent or by attorney. (a) Appeals of administrative decisions of the community development director Appeals of a decision of the community development director may be made to the city commission by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the community development director made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The community development director shall, upon notification of the filing of the appeal, transmit to the city commission, all the documents, plans, or other materials constituting the record upon which the action being appealed was derived. (b) Appeals of decisions of the community development board. Appeals of a decision of the community development board may be made to the city commission by any adversely affected person(s), any officer, board or department of the city affected by any decision Supp. No. 37 1430 LAND DEVELOPMENT REGULATIONS § 24-50 of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part, specifying the grounds of the conflict or violation. The petition shall be presented to the city commission within thirty (30) days after the filing of the appeal with the city clerk. (c) Stay of work. An appeal to the city commission shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the designated adminis- trative official shall certify to the city commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by order, which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-50. Vested rights. (a) Determination of vested rights. The determination of vested rights shall be based upon factual evidence provided to the City of Atlantic Beach. Each vesting determination shall be based on an individual case-by-case basis. Applications for a determination of vested rights shall be submitted to the community development director. The applicant shall have the burden of proof to demonstrate the entitlement to vested rights pursuant to the requirements of Florida law and shall provide all information as may be required. All vested development subject to a vested rights determination shall be consistent with the terms of the development approval upon which the vesting determination was based. (b) Expiration of vested rights. (1) Statutory vested rights determinations shall not have a specific expiration date unless specified in other ordinances, development permits or statutory limitations. Such vested rights may expire as otherwise allowed or required by applicable law. (2) Common law vested rights determinations, which have been recognized by the city, shall remain valid for a period of up to five (5) years from the date the determination was made unless otherwise specified by the vesting determination, provided that the city may cancel and negate such vested rights prior to the expiration of said time period if it can demonstrated that the request for a vested rights determination was based on substantially inaccurate information provided by the applicant, or that the revocation of said vested rights is clearly established to be essential for the health, safety and welfare of the public. (3) Requests to extend the time period of a vested rights determination shall be made to the city commission and shall be granted only upon showing of good cause. Supp. No. 37 1431 § 24-50 ATLANTIC BEACH CODE (c) Appeals of vesting determinations. An appeal of the denial of a vesting determination may be made to the city commission by filing such appeal with the city clerk within thirty (30) days of receipt of written notification of the denial. Appeals of vesting determinations shall be granted only by the city commission. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-51. Notice of public hearings. In addition to the applicable requirements of Section 166.041, Florida Statutes, related to the notice of public hearings for the adoption of ordinances and resolutions, and amendments to these land development regulations, the following notice requirements shall be met. The following shall be considered as minimum notice requirements: (a) Mailed notice. Not less than fifteen (15) days prior to the public hearing at which any application for a change in zoning district classification, which has been initiated by any party other than the City of Atlantic Beach, the owners within three hundred (300) feet of all boundaries of the property sought to be rezoned shall be notified in writing. For the purpose of mailed notices to adjoining owners, the names, addresses, and legal descriptions shall be provided by the applicant and shall be those listed on the most recent certified tax roll of Duval County. (b) Published notice. Not less than fifteen (15) days prior to the public hearing at which final action on any application for a change in zoning district classification, which has been initiated by any party other than the City of Atlantic Beach, an advertisement including the subject, date, time and location of the public hearing shall be published once in a local newspaper of general circulation. (c) Sign to be posted. Not less than seven (7) days prior to the public hearing at which final action on any appiication for a valiance, use -by -exception, or change in zoning district classification or other action requiring notice to the general public, a sign identifying the application, including date, time and location of the public hearing shall be posted on the subject parcel. Such sign shall be erected in full view of the public street. Where the property that is subject of the application does not have frontage on a public street, the sign shall be erected on the nearest public right-of-way. (d) Comprehensive plan amendments. Notice of public hearings related to amendments to the adopted comprehensive plan shall be made in accordance with Section 163.3184(15), Florida Statutes. (e) For applications and requests made to the community development board or the city commission, which are not specifically addressed in this section, but where in the determination of the city manager, the subject at issue is of legitimate public concern, reasonable notice to the public shall be provided in the form as determined appropriate by the city manager. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-52-24-60. Reserved. Supp. No. 37 1432 LAND DEVELOPMENT REGULATIONS § 24-62 DIVISION 3. APPLICATION PROCEDURES Sec. 24-61. Amendment and repeal. (a) The city commission may from time to time amend, supplement or repeal these land development regulations, the zoning district classifications and boundaries, and the restric- tions as set forth within this chapter. (b) Proposed changes and amendments may be recommended by the city commission, the community development board, a property owner for his own land, or by petition of the owners of fifty-one (51) percent or more of the area involved in a proposed district boundary change, or the community development director. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-62. Change in zoning district classification. The following steps shall be followed to request a change in zoning district and zoning map classification. (a) All applications shall be filed with the community development director on the proper form. (b) The application submitted shall include the following information: (1) The legal description, including the lot and block numbers, of the property to be rezoned; The names and addresses of all owners of the subject property; Existing and proposed zoning district classification of the property; A statement of the petitioner's interest in the property to be rezoned, including a copy of the last recorded warranty deed; and a. If joint and several ownership, a written consent, to the rezoning petition, by all owners of record; or b. If a contract purchase, a copy of the purchase contract and written consent of the seller/owner; or c. If an authorized agent, a copy of the agency agreement or written consent of the principal/owner; or d. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that the person is, in fact, an officer of the corporation; or e. If a group of contiguous property owners, the owners of at least fifty (50) percent of the property described in the petition must provide written consent; (2) (3) (4) Supp. No. 37 1433 § 24-62 ATLANTIC BEACH CODE f. A complete list of all property owners, mailing addresses and legal descrip- tions for all property within three hundred (300) feet of the subject parcel as recorded in the latest certified official tax rolls of the county; g. A statement of special reasons for the rezoning as requested; h. Payment of the official filing fee as set by the city commission; i. The signature of each and every owner of the lands sought to be rezoned. (c) After the community development director has received the request, the request shall be placed on the agenda of the next meeting of the community development board, provided that the request is received at least thirty (30) days prior to the meeting. The community development board shall review each request for rezoning, conduct a public hearing after due public notice. The community development director shall make a written recommendation to the city commission. The written report and recommen- dation shall: (1) Show that the community development board has studied and considered the need and justification for the change. (2) Indicate the relationship of the proposed rezoning to the comprehensive plan for the city and provide a finding that the requested change in zoning is consistent with the comprehensive plan. (3) Submit such findings and a recommendation in support of or opposition to the requested rezoning to the city commission not more than sixty (60) days from the date of public hearing before the community development board. (d) The city commission shall review the recommendations made by the community development board `•''••7 hold a public haring, with notice as se; fel tit wit lin section 24-52, to consider the request. (e) Following the public hearings, the city commission, by ordinance, may change the zoning district classification of said petitioners, or it may deny the petition. In the case of denial, the city commission shall thereafter take no further action on another application for substantially the same proposal, on the same premises, until after three hundred sixty-five (365) days from the date of the denial. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-63. Use -by -exception. The following steps shall be required to request a use -by -exception. A use -by -exception may be approved only for those uses and activities, which are expressly identified as a possible use -by -exception within a particular zoning district: (a) All applications shall be filed with the community development director on the proper form, and said application shall only be accepted when filed by the owner of the property or his authorized agent. Supp. No. 37 1434 LAND DEVELOPMENT REGULATIONS § 24-63 (b) The application shall include the following information: (1) A legal description of the property. (2) The names and addresses of the property owners. (3) A description of the use -by -exception desired, which shall specifically and particularly describe the type, character and extent of the proposed use -by - exception. (4) The reason for requesting the use -by -exception. (5) The signature of the owner, or the signature of the owner's authorized agent, and written authorization by the owner for the agent to act on the behalf of the property owner. (6) Payment of the official filing fee as set by the city commission. (c) After the community development director has received the request, the request shall be placed on the agenda of the next available meeting of the community development board. The community development board shall review each request for a use -by - exception, and conduct a public hearing after due public notice. The community development director shall then provide a report to the city commission containing the community development board's, recommendation. The written report and recommen- dation shall state specific reasons and findings of fact, upon which the recommenda- tion to approve or deny has been based. (d) The review of any application for a use -by -exception shall consider each of the following: (1) Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. (2) Off-street parking and loading spaces, where required, with particular attention to the items in [subsection] (1) above. (3) The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use -by -exception being requested. (4) Refuse and service areas, with particular reference to items [subsections] (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district (see "Signs and advertising," chapter 17). (8) Required yards and other open space. Supp. No. 37 1435 § 24-63 ATLANTIC BEACH CODE (9) General compatibility with adjacent properties and other property in the sur- rounding Zoning District as well as consistency with applicable provisions of the comprehensive plan. (10) For those properties within the commercial corridors, consistency with the intent of section 24-171, commercial corridor development standards. (11) Number of similar businesses that exist in the area with consideration that such uses are intended to be an exception and not to excessively proliferate in one (1) area of the city. (e) The city commission shall conduct a public hearing, after required public notice, to consider the application for use -by -exception and the community development board's report and recommendation thereon, as well as comments of citizens attending such hearing and shall deny, approve, or approve with conditions, the application for use -by -exception. (f) The city commission may, as a condition to the granting of any use -by -exception, impose such conditions, restrictions or limitations in the use of the premises, or upon the use thereof as requested in the application, as the city commission may deem appropriate and in the best interests of the city, taking into consideration matters of health, safety and welfare of the citizens, protection of property values and other considerations material to good land use and planning principles and concepts. (g) Any use -by -exception granted by the city commission shall permit only the specific use or uses described in the application as may be limited or restricted by the terms and provisions of the approval. Any expansion or extension of the use of such premises, beyond the scope fti , �.,yviiu vu., aw�sc of the i.C;illiS of the d�ijiit�VCU use -by -exception, shall be unlawful and in violation of this chapter and shall render the use -by -exception subject to suspension or revocation by the city commission. (h) The city commission may suspend or revoke a use -by -exception permit at any time the city commission determines that the use has become a public or private nuisance because of an improper, unauthorized or other unlawful use of the property. (i) If an application for a use -by -exception is denied, the city commission shall take no further action on another application for substantially the same use on the same property for three hundred sixty-five (365) days from the date of said denial. (j) The nonconforming use of neighboring lands, structures or buildings in the same zoning district, or the permitted use of lands, structures or buildings in other zoning districts shall not be considered as justification for the approval of a use -by -exception. (k) Unless expressly granted by the city commission, the use -by -exception shall be granted to the applicant only and shall not run with the title to the property. (Ord. No. 90-10-212, § 2(Exh A), 3-8-10) Supp. No. 37 1436 LAND DEVELOPMENT REGULATIONS § 24-64 Sec. 24-64. Variances. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the community development department. A variance shall not reduce minimum lot area, minimum lot width or lot depth, and shall not increase maximum height of building or impervious surface area as established for the various zoning districts. Further, a variance shall not modify the permitted uses or any use terms of a property. (a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner's authorized agent. Written authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the community development director shall within a reasonable period of time schedule the application for a public hearing before the community development board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent. (1) Applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section. (2) The community development board shall not grant a variance, which would allow a use that is not permitted use, or a permitted use -by -exception in the applicable zoning district. In the case of an application for a use -by -exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use -by -exception by the city commission. In the event, that the use -by -exception is denied by the city commission, any approved variance shall be rendered null and void. (3) The community development board shall not approve any variance that would allow a use that is prohibited by the terms of this chapter or by the comprehen- sive plan. (4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (c) Grounds for denial of a variance. No variance shall be granted if the community development board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. Supp. No. 37 1437 § 24-64 ATLANTIC BEACH CODE (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental re- sources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situations created by the property owner. (d) Grounds for approval of a variance. A variance may be granted, at the discretion of the community development board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. (e) Approval of a variance. To approve an application for a variance, the community development board shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with City Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (f) Approval of lesser variances. The community development board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. Supp. No. 37 1438 LAND DEVELOPMENT REGULATIONS § 24-65 (g) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (h) Waiting period for re -submittal. If an application for a variance is denied by the community development board, no further action on another application for substan- tially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (i) Time period to implement variance. Unless otherwise stipulated by the community development board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The community development director, upon finding of good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. (j) Transferability. A variance, which involves the development of land, shall be transfer- able and shall run with the title to the property unless otherwise stipulated by the community development board. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-65. Development, construction and storage within zoning districts. (a) Temporary construction trailers or structures. (1) Subject to the following provisions, any person may obtain a building permit for the construction and/or use of a temporary trailer or structure to be used only as a construction shed and tool house for contractors and construction workers on the site and limited to the time period of construction. This temporary trailer or structure shall not be placed or erected on the property prior to the issuance of a building permit for the applicable construction, and shall be immediately removed upon completion of the construction project or in the absence of a valid, unexpired building permit. (2) It shall be a violation of this section for any person to use the construction trailer or structure for sales purposes without first applying to and receiving written permission from the building official. (3) Construction trailers and structures shall not be used for the purpose of living quarters, and the trailers or structures shall have upon the unit, or attached thereto, an identification sign designating the owner or company and the words "construction office" in full view. (b) Temporary storage structures and uses. Enclosed portable structures and accommoda- tions intended only for temporary storage may be used following registration with the city on a form provided by the planning and zoning department, payment of the required fee, and subject to the following provisions: (1) Within all residential zoning districts, enclosed portable structures and accommoda- tions intended only for the temporary storage of personal household belongings of Supp. No. 37 1439 § 24-65 ATLANTIC BEACH CODE occupants of the property may be placed on the property for a period not to exceed four (4) days or ninety-six (96) hours. Registration shall be required for each such use of any temporary storage structures. (2) In the event of damage to a residential dwelling by fire, storm, flood, or other such property loss, this period of time may be extended to ten (10) days upon request to and written approval of the city manager. (3) Within all nonresidential zoning districts, enclosed portable structures and accommo- dations intended only for storage, may be used for temporary storage of items related to the business located on the property, for a period not to exceed thirty (30) days. Such structures shall not be located within required front yards and shall not be used to store any chemical, hazardous, flammable or combustible materials. (c) All structures. All temporary and portable storage structures, construction trailers and the like, shall be constructed, altered, repaired, enlarged, placed, moved or demolished in accordance with applicable provisions of the Florida Building Code as well as all applicable federal, state and local regulations applying to the use and development of land. The issuance of building permits, where required, verifying such compliance shall be administered by the building official. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-66. Stormwater, drainage, storage and treatment requirements. (a) Topography and grading. All lots and development sites shall be constructed and graded in such a manner so that the stormwater drains to the adjacent street, an existing natural element used to convey stormwater (see section 22-303, definitions: Stormwater management system), or a city drainage structure after meeting onsite storage requirements, as set forth within this section. Thr, city shall be provided a pre st -uc � i provided with pre t,u�iO�1d�111Ld1 SUl"Vey prior to the issuance of a development permit and a post -construction topographical survey prior to the issuance of a certificate of occupancy. Elevations in all topographic surveys will be referenced to NAVD 1988. Said surveys shall be prepared by a licensed Florida surveyor, and the requirement for either or both surveys may be waived by the director of public works if determined to be unnecessary. Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet applicable flood zone or stormwater regulations as set forth herein, the elevation or topography of a development or redevelopment site shall not be altered. (b) Onsite storage. The applicant shall be required to provide onsite storage, such that there is no increase in the rate or volume of flow to offsite, from every developed or redeveloped parcel, and for any addition or modification that increases the impervious surface area on a developed lot by ten (10) percent or four hundred (400) SF, whichever is smaller and provide documentations and calculations to demonstrate compliance. Development projects previously permitted by the St. Johns River Water Management District (SJRWMD), which have an in -compliance retention or detention system that collects and controls runoff, are exempt, Supp. No. 37 1440 LAND DEVELOPMENT REGULATIONS § 24-66 however a copy of the Engineer's Certification of As -Built Construction to the SJRWMD must be submitted to the city before issuing building permits for individual lot construction may begin. The requirement for onsite storage may be waived by the director of public works if storage is determined to be unnecessary or unattainable. If onsite storage is required, an as -built survey, signed and sealed by a licensed Florida surveyor, documenting proper construction and required volume of the storage system, must be submitted to the director of public works prior to permit closeout or issuance of a certificate of occupancy. For an under -ground system, a notarized letter from the general contractor, along with red -lined plans and construction photographs, will be sufficient to document proper construction. Volume calculations for lots that require onsite storage should be based on the difference in runoff volume generated by the new impervious area ("delta volume") and would be calculated by: V=CAR/12, where V = volume of storage in cubic feet, A = area of the lot in square feet, R = 25 -year and 24-hour rainfall depth (9.3 inches) over the lot area, and C = runoff coefficient, which is 0.6 for the fifty (50) percent maximum imperviousness, 0.4 for twenty-five (25) percent imperviousness, and 0.2 for zero (0) percent imperviousness. This delta volume (post V minus pre -V in cubic feet) must be stored at least one (1) foot above the wet season water table and below the overflow point to offsite (in many cases this may be the adjacent road elevation). As an option, and as approved by the director of public works, the owner of the parcel to be developed or redeveloped may implement, at the applicant's cost, offsite storage and necessary conveyance to control existing flood stages offsite. (c) Floodplain storage. There shall be no net loss of storage for areas in the 100 -year floodplain, where a floodplain elevation has been defined by either the Federal Emergency Management Agency (FEMA) on flood insurance rate maps (FIRMs), the 1995 Stormwater Master Plan, the Core City project, or the 2002 Stormwater Master Plan Update (e.g., Hopkins Creek). Site grading shall create storage onsite to mitigate for filling of volume onsite. This storage is in addition to the storage required for the increase in impervious surface area. The applicant shall provide signed and sealed engineering plans and calculations documenting that this "no net loss" requirement is met. (d) Stormwater treatment. For all new development or redevelopment of existing proper- ties, excluding single- and two-family uses, where construction meets limits for requiring building code upgrades, stormwater treatment shall be provided for a volume equivalent to either retention or detention with filtration, of the runoff from the first one (1) inch of rainfall; or as an option, for facilities with a drainage area of less than one hundred (100) acres, the first one-half (1/z) inch of runoff pursuant to Chapter 62-25, Florida Administrative Code (FAC). No discharge from any stormwater facility shall cause or contribute to a violation of water quality Supp. No. 37 1441 § 24-66 ATLANTIC BEACH CODE standards as provided in Section 62.302 of the Florida Administrative Code. This treatment volume can be included as part of the onsite storage requirement in item d(2) [subsection (b)] of this section. (e) NPDES requirements. All construction activities shall be in conformance with the city's National Pollutant Discharge Elimination Systems (NPDES) permit, in addition to the requirements of the water management district and the Florida Department of Environmental Protection. NPDES requirements include use of best management practices (BMPs) prior to discharge into natural or artificial drainage systems. All construction projects of one (1) acre or more require a stand-alone NPDES permit. Site clearing, demolition and construction on any size site may not commence until site inspection and approval of the proper installation of a required best management practices erosion and sediment control plan is completed. (f) Enforcement. Subsequent to approval of a property owner's final grading, including onsite and/or floodplain storage and stormwater treatment, the improvements shall be maintained by the property owner. Failure to maintain the improvements will require restoration upon notification by the director of public works, within a stipulated time frame. If restoration is not timely completed, the city shall have the right to complete the restoration, and the city's actual cost incurred, together with a charge of one hundred (100) percent of said costs to cover the city's administrative expenses, shall be charged to the owner. (g) Minor waivers to impervious surface area limits. The director of public works shall have the authority to waive the impervious surface area up to five (5) percent of the established limit upon demonstration by the property owner or applicant that preceding stormwater standards shall be maintained and upon showing of good cause and need for the increased impervious surface area which shall be based upon the inability to meet limits due to site constraints or pre-existing conditions. Any reduction shall be calculated based upon the total square footage of lot area and the square footage of the allowed impervious surface area. For example, on a seven thousand five hundred (7,500) square foot lot, the allowed impervious surface area is three thousand seven hundred fifty (3,750) square feet, and the maximum impervious surface area permitted to be waived in accordance with this provision is one hundred eighty-seven and one-half (187.5) square feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-67. Development review and issuance of development permits. (a) Purpose. The purpose of this section shall be to establish procedures for the submittal, review and approval of construction plans, and the issuance of development permits. (b) Procedures. Plans prepared according to the requirements set forth within this section shall be submitted to the building department for distribution, review and comment from appropriate departments of the city. Plans may be denied if they do not meet the intent or the requirements of this section and this chapter or the Florida Building Code. Supp. No. 37 1442 LAND DEVELOPMENT REGULATIONS § 24-67 (c) Site development plan required. A site development plan, drawn at a clear and legible scale, shall be required for all new development, other than interior renovations, in accordance with the following provisions: (1) Single-family, two-family (duplex) or townhouse and structural alterations or addi- tions thereto, including swimming pools and accessory structures. A certified survey and site development plan accompanied by the required application form and review fee as established by the city commission shall be submitted to the building depart- ment. Each of the following items shall be addressed: a. All driveways and parking. b. All existing and proposed structures. c. Setbacks, any platted building restriction lines and height of buildings. d. Any jurisdictional wetlands or coastal construction control line, water bodies, any required buffers or significant environmental features. e. A pre -construction topographical survey, pursuant to section 24-66, unless waived in accordance with the provisions therein. f. A summary table showing proposed impervious surface area, including all structures, walkways, driveways, parking and equipment pads and any other surface defined as impervious in section 24-17. (2) Multi -family, commercial and industrial uses and structural alterations or additions thereto. A certified survey and preliminary site development plan accompanied by the required application form and review fee as established by the city commission shall be submitted the building department. The site development plan shall depict the entire tract proposed for development and shall be drawn at a scale sufficient to depict all required information in a clear and legible manner. Each of the following items shall be provided as appropriate to the project and as further set forth within the application for a particular form of development permit as provided by the building official: a. Project boundary with bearings and distances. b. Legal description, including property size. c. Location of all structures, temporary and permanent, including setbacks, build- ing height, number of stories and square footage (identify any existing structures and uses). d. Project layout, including roadways, any easements, parking areas, driveway connections, sidewalks, vehicular and pedestrian circulation. e. Existing driveways and roadways within three hundred (300) feet of project boundary. f. Existing and proposed right-of-way improvements. Supp. No. 37 1443 § 24-67 ATLANTIC BEACH CODE g. Conceptual storniwater management plan addressing drainage patterns, retention/ detention areas, provisions for utilities, including a pre -construction topograph- ical survey, pursuant to subsection 24-66(a), unless waived in accordance with the provisions therein. h. Environmental features, including any jurisdictional wetlands, CCCL, natural water bodies, open space, buffers and vegetation preservation areas. For projects not meeting the thresholds requiring an environmental resource permit from the St. John's River Water Management District, provide conceptual plans showing how project intends to meet the stormwater retention and treatment require- ments of subsections 24-66(b) and (d). General notes shall include: total project area; impervious surface area; building square footage separated by type of use(s) if applicable; parking calculations; project phasing; zoning district classification and any conditions or restrictions. Other information as may be appropriate for the purposes of preliminary review. (d) Approval of site plans. Upon approval of the preliminary site development plan, an application for a development permit may be submitted to the building department for distribution and review by the appropriate city departments. The application shall be accompanied by all required information including construction plans that demonstrate compliance with all applicable federal, state and local land development regulations and permitting requirements. Upon approval of construction plans by reviewing departments and payment of required fees, development permits may be issued, and construction plans shall be released for construction. (e) In the case that an applicant fails to make a good faith effort to continue with the review process once any application for a development permit is submitted, plans shall remain valid for a period of six (6) months, after which time new plans and a new review fee shall be required. (f) Expiration of approved of construction plans. Approved construction plans shall be claimed within ninety (90) days of notice of approval or completed comments, or said plans shall be considered to have expired. Upon expiration, a new submittal and review with applicable fees shall be required. Development review comments shall expire six (6) months from the date that comments are provided to the applicant. (g) Expiration of development permits. Development permits shall expire on the six-month anniversary of the date such permits were issued unless development has commenced and continued in good faith. Commencement shall mean the issuance of a valid building permit and the development permit shall remain active along with the building permit. Failure to maintain an active building permit will cause the development permit to expire. (h) Retention of expired plans. Any construction plans and supporting documents which have expired shall be retrieved following effort to notify the applicant by the building department. It shall not be the responsibility of the city to store or retain expired construction plans. Supp. No. 37 1444 LAND DEVELOPMENT REGULATIONS § 24-69 (i) Changes to approved plans. Applicant must copy the city on any and all changes to approved plans including, but not limited to, changes required by other regulatory agencies such as the St. John's River Water Management District, Florida Department of Environmen- tal Protection or Florida Department of Transportation. Failure to provided changes to the city for review may result in a stop work order being issued if construction deviates from the approved plans on file with the city. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-68. Land clearing and alteration of site grade or topography. No Lands shall be cleared, grubbed, filled, excavated or topographically altered by any means, and no vegetation on any development site disturbed, prior to issuance of all required approvals and development permits authorizing such clearing or alteration. Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet applicable flood zone or stormwater regulations, the grade, elevation or topography of any parcel, development or redevelopment site shall not be altered. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-69. Fees. Pursuant to subsection 24-46(e), the city commission for the City of Atlantic Beach hereby establishes the following fees related to the administrative costs of carrying out the require- ments of this chapter and also to cover the costs for planning, zoning, engineering and utility reviews. These fees shall be payable to the city at the time such application or request is filed. Applications for planning and zoning related requests shall not be considered as complete applications until such time as required fees have been paid in full. Fees as required by this section are not refundable. (a) Planning and zoning fees. (1) Appeals $ 50.00 (2) Determinations of vested rights 50.00 (3) Change in zoning district classification 500.00 (4) Use -by -exception 250.00 (5) Zoning variance or waiver 150.00 (6) Development review a. Single- and two-family uses 50.00 b. Multi -family Uses, per dwelling unit 100.00 c. Commercial and industrial uses 300.00 d. Public and institutional uses 300.00 e. Landscape plan 100.00 Supp. No. 37 1445 § 24-69 (7) Subdivision ATLANTIC BEACH CODE a. Application for waiver 250.00 b. Application for re -plat 250.00 c. Preliminary plat review 250.00 d. Final plat approval (plus recording fees) 100.00 (8) Comprehensive plan amendment a. Less than ten (10) acres 250.00 b. Greater than ten (10) acres 250.00 (9) Land development regulations 15.00 (10) Comprehensive plan document 15.00 (11) Zoning and comprehensive plan maps 5.00 (b) Engineering and review fees. (1) Pre -application review of construction plans 150.00 For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00) per hour will be charged. Also, additional costs for outside reviews and modeling shall be paid by the applicant. (2) Residential building review 100.00 (3) Commercial building review 150.00 (4) Building modification/right-of-way review 25.00 (5) Revocable encroachment permit 25.00 (c) Utilities review fees. (1) Pre -application construction plans review 150.00 For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00) per hour will be charged. Also, additional costs for outside reviews and modeling shall be paid by the applicant. (2) Residential building review 50.00 (3) Commercial building review 75.00 (4) Building modification/right-of-way review 25.00 (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-70-24-80. Reserved. Supp. No. 37 1446 LAND DEVELOPMENT REGULATIONS § 24-82 DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS Sec. 24-81. Rules for determining boundaries. Where uncertainty exists with respect to the boundaries of any of the zoning districts, as shown on the official zoning map, the following rules shall apply: (a) Unless otherwise indicated, the zoning district boundaries are indicated as approxi- mately following lot lines; center lines of streets, highways or alleys; shorelines of streams, reservoirs or other bodies of water; or civil boundaries; and they shall be construed to follow such lines. (b) Where zoning district boundaries are approximately parallel to the center -lines of streets, highways or railroads; streams, reservoirs or other bodies of water, or the lines extended, the zoning district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the zoning map. If no distance is given, the dimensions shall be determined by the scale shown on the zoning map. (c) Where a zoning district boundary line as appearing on the zoning map divides a lot, which is in single ownership, the zoning district classification of the larger portion may be extended to the remainder of the property subject to consistency with the comprehensive plan. (d) Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it has reverted shall apply to the vacated or abandoned road, street or alley. (e) In the case where the exact location of a boundary cannot be determined by the foregoing methods, the community development director in coordination with GIS staff shall determine the location of the boundary. (Ord. No. 90-10-212, § 2(Exh A), 3-8-10) Sec. 24-82. [General restrictions upon land, buildings and structures.] (a) Use. No building or structure shall be placed or erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this chapter, as allowed in the zoning district in which such land, building, structure or premises are located. Further, no land shall be used except in compliance with the comprehensive plan. (b) Number of buildings allowed on a single-family or two-family (duplex) lot. The total number of buildings on any lot zoned for single-family or two-family (duplex) use shall not exceed three (3) including the principal use structure, detached garages and any other detached building. (c) Height. No structures or building shall be erected, and no existing building shall be moved, reconditioned or structurally altered so as to exceed the height limit specified in this chapter for the zoning district in which such building or structure is located. However, on Supp. No. 37 1447 § 24-82 ATLANTIC BEACH CODE nonconforming lots of record, which shall be any lot that contains less than five thousand (5,000) square feet in lot area, the height of buildings shall be restricted to a percentage of the area of the such lot compared to the minimum requirements of the zoning district and applying the same to the maximum height of building allowed in said zoning district (for example, if the minimum lot area is five thousand (5,000) square feet, and the size of the nonconforming lot is two thousand five hundred (2,500) square feet, a percentage of fifty (50) percent would be applied to the 35 -foot height restrictions, resulting in an allowable height of building of seventeen and one-half (17.5) feet). (d) Percentage of lot occupancy. No building or structure shall be erected, and no existing building or structure shall be moved, altered, enlarged or rebuilt, or shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements, the area and parking and required yard regulations established by this chapter for the zoning district in which such structure is located. (e) Density. No structure or property shall be developed or used so as to exceed density allowed under the terms of the comprehensive plan or the limitations for the zoning district in which such structure is located. (f) Open space use limitation. No yard or other required open space on a lot shall be considered as providing a required yard or open space for any other structure on an adjacent lot. (g) Required lot and occupancy. Structures shall be located on a lot of record, and there shall be no more than one (1) principal use structure on a single lot, unless otherwise provided by the provisions of this chapter. Every building or structure hereafter erected shall be located on a lot as defined herein; and in no case shall there be more than one (1) principal building on one (1) lot, except as otherwise provided in this article. (h) Duplicates or externally similar dwellings. Construction of single-family or two-family dwellings that are duplicates of another single-family or two-family dwellings within a distance of five hundred (500) feet shall be prohibited. This provision shall apply to external features only and shall not apply to two-family dwellings, townhouses or condominiums when constructed as part of single development project with a unified design theme. In determining compliance with this provision, a minimum of five (5) of the following characteristics shall be substantially different. (1) Roof design and roof color. (2) Exterior finish materials, excluding paint color. (3) Window sizes and shape. (4) Main entry door style and location. (5) Number of stories. (6) Attached/detached garage. Supp. No. 37 1448 LAND DEVELOPMENT REGULATIONS § 24-82 (7) Front or side entrance garage (if attached). (i) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other accessory building or vehicle shall be used as a residence, temporarily or permanently, nor shall any such residence of temporary character be permitted in any zoning district. (j) Minimum floor area for residential dwelling units. (1) One (1) story: One thousand (1,000) square feet of enclosed living area. (2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground floor and not less than a total of one thousand (1,000) square feet of enclosed living area. (3) Two-family dwelling (duplex): Each unit shall have nine hundred (900) square feet of enclosed living area. (4) Apartment dwelling unit: a. Efficiency with bedroom area combined with other living areas, four hundred eighty (480) square feet of enclosed living area. b. One (1) bedroom with individual bedroom area permanently partitioned from other living areas, five hundred seventy-five (575) square feet of enclosed living area. c. Two (2) bedrooms with each individual bedroom area permanently partitioned from the living areas, seven hundred (700) square feet of enclosed living area. d. Three (3) bedrooms with each individual bedroom area permanently partitioned from other living areas, eight hundred forty (840) square feet of enclosed living area. e. Four (4) bedrooms with each individual bedroom area permanently partitioned from other living areas, nine hundred ninety (990) square feet of enclosed living area. f. Over four (4) bedrooms, add one hundred fifty (150) square feet of enclosed living per additional room. (k) Flood protection. A11 lots and building sites shall be developed such that habitable space is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean sea level. Flood protection provisions shall be approved by the designated administrative official to ensure that grade changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality. (1) Short-term rentals prohibited. Private homes including, but not limited to, single-family homes, town -homes, duplexes, multi -family dwellings including condominiums and the like, shall not be rented or leased for a term or period of less than ninety (90) days. No person(s) shall offer or advertise a private home for rent or lease for a term or period of less than ninety (90) days. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1449 § 24-83 ATLANTIC BEACH CODE Sec. 24-83. Required yards and permitted projections into required yards. (a) Required yards. Unless otherwise specified in this chapter, every part of a required yard shall be open and unobstructed from the established grade to the sky, except for structures that do not exceed thirty (30) inches in height. (b) Structural projections. Architectural features such as eaves and cornices, and cantilevered bay windows, open balconies and porches may project a distance not to exceed forty-eight (48) inches into required front and rear yards. Such balconies and porches may be covered, but shall not be enclosed in any manner, except that balconies and porches within rear yards may be enclosed with screening only. Eaves and cornices, cantilevered bay windows, chimneys, and architectural elements intended to create design relief along the side wall plane may project into required side yards, but not beyond twenty-four (24) inches. (c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps, compressors, or similar equipment that makes excessive noise, shall not be located closer than five (5) feet from any lot line where such equipment will be located adjacent to the interior living area of an existing residence. This setback requirement shall not apply where such equipment is to be located adjacent to a neighboring garage, storage or utility area or other similar equipment. It is the intent of this provision to require placement of such equipment in a location that does not unreasonably disturb neighbors. This requirement shall not apply to such equipment lawfully installed prior to the effective date of these land development regulations. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-84. Double frontage lots. (a) Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except for lots as set forth below and as set forth in section 24-88. (b) Special treatment of ocean -front Lots. For lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean. (c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-85. Nonconforming lots, uses and structures. (a) Intent. Within the established zoning districts, there exist lots, structures and uses of land that were lawful prior to the adoption or amendment of these land development regulations. Such lots, uses and structures would be prohibited, restricted or regulated through the provisions of this chapter or the adopted comprehensive plan. It is the intent of this section to recognize the legal rights entitled to property owners of existing nonconforming lots, uses and structures, and to permit such nonconformities to continue in accordance with Supp. No. 37 1450 LAND DEVELOPMENT REGULATIONS § 24-85 such rights, but not to otherwise encourage their continued survival. Furthermore, the presence of any nonconforming characteristic shall not be considered as justification for the granting of variances, and any nonconforming structure or use, which is made conforming, shall not be permitted to revert to any nonconforming structure or use. (b) Nonconforming lots of record. (1) Where a lot or parcel of land has a lot area or frontage that does not conform with the requirements of the zoning district in which it is located, but was a legally established and documented lot of record prior to the adoption of this Code or previous codes and applicable City of Atlantic Beach ordinances, such lot or parcel of land may be used for one 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 zoning district, on a legally established and documented nonconforming 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 require- ments 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. Supp. No. 37 1451 § 24-85 ATLANTIC BEACH CODE (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. (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 di: ccrtinucd o abaiido ied iii a pe iod of 511. (6) t ionais 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 re -occupied 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. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-86. Special treatment of lawfully existing residential uses affected by future amendments to the official zoning map or the land development regula- tions. (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 Supp. No. 37 1452 LAND DEVELOPMENT REGULATIONS § 24-87 to properly issued building permits, shall be deemed a vested development, and any two-family (duplex) dwelling or townhouse, and any related accessory use shall be considered a lawful permitted use within the lot containing the vested development. Furthermore, an existing two-family (duplex) dwelling or townhouse and any related accessory use shall, for that particular use and structure(s), not be considered as a nonconforming use or structure such that it may be fully replaceable in its existing footprint. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this chapter including minimum yard requirements. (b) Amendments to the land development regulations. Any lawfully existing two-family (duplex) dwelling or townhouse, and any related accessory use, which has been constructed pursuant to properly issued building permits prior to the initial effective date of these land development regulations, shall be deemed a vested development, and any two-family (duplex) dwelling or townhouse, and any related accessory use shall be considered a lawful permitted use within the lot containing the vested development. Furthermore, an existing two-family (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. 90-10-212, § 2(Exh. A), 3-8-10) 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) Multi -family dwellings. Any lawfully existing multi -family residential use, which has been constructed pursuant to building permits properly issued prior to the December 13, 1990 effective date of Ordinance 95-90-48 adopting the original comprehensive plan for the City of Atlantic Beach, shall be deemed a vested use such that the multi -family 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. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1453 § 24-88 ATLANTIC BEACH CODE Sec. 24-88. Design and construction standards for two-family (duplex) dwellings and townhouse units. (a) Development of two-family (duplex) dwellings and townhouse units, occurring after the January 1, 2002 initial effective date of these land development regulations, shall be allowed only where lot area is in compliance with the density limitations as set forth within the comprehensive plan, unless otherwise determined to be a vested development in accordance with the terms of this chapter. Within areas designated by the comprehensive plan for high density residential development, a minimum lot area of two thousand one hundred seventy- five (2,175) square feet shall be required for each dwelling unit. For areas designated as medium density, a minimum lot area of three thousand one hundred (3,100) square feet for each dwelling unit shall be required, and within areas designated by the comprehensive plan as low density, a minimum lot area of seven thousand two hundred fifty (7,250) square feet for each dwelling unit shall be required. Dwelling units separated by an open and uncovered breezeway, elevated open walkway, or similar type connection, shall not be considered as two-family dwellings or townhouses, and shall be required to meet regulations applicable to single-family dwellings. Dwelling units attached by any type of solid, continuous or connected roof, however, shall be considered as a two-family dwelling or a townhouse and shall be permitted only within those zoning districts where two-family dwellings and townhouses are permitted and in accordance with applicable density limitations. (b) Adjoining two-family or townhouse dwellings units shall be constructed of substantially the same architectural style, colors and materials. (c) Adjoining two-family or townhouse dwellings units shall be constructed at substantially the same time or in a continuous sequonce 11n1Pss an e fisting structure is being renovated within the same building footprint. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-89. 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: (a) The structure containing the private garage and the garage apartment shall not exceed twenty-five (25) feet in height. (b) 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. (c) There shall be not less than twenty (20) feet between the principal dwelling and the structure containing the private garage and the garage apartment. Supp. No. 37 1454 LAND DEVELOPMENT REGULATIONS § 24-101 (d) The use restrictions and the minimum yard requirements that apply to the principal dwelling shall also apply the structure containing the private garage and the garage apartment. (e) A garage apartment shall not be leased or rented for less than ninety (90) consecutive days. (f) 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. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-90-24-100. Reserved. DIVISION 5. ESTABLISHMENT OF DISTRICTS Sec. 24-101. Intent and purpose. The City of Atlantic Beach shall be divided by these land development regulations into zoning districts, as listed and described below. These divisions and the requirements set forth herein shall have the purpose of implementing the goals, objectives and policies of the comprehensive plan. The following is established in this division: (a) The intent of each zoning district. (b) General requirements for each zoning district, including: (1) Permitted uses. (2) Uses -by -exception. (3) Minimum lot size. (4) Minimum yard requirements. (5) Building restrictions. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1455 § 24-102 ATLANTIC BEACH CODE Sec. 24-102. Zoning districts established. The municipal area of the City of Atlantic Beach is hereby divided into the following zoning districts: Zoning District Classification Abbreviation Conservation CON Residential, Single -family -Large Lot RS -L Residential, Single-family RS -1 Residential, Single-family RS -2 Residential General, Two-family RG Residential General, Multi -family RG -M Commercial Professional and Office CPO Commercial Limited CL Commercial General CG Light Industrial and Warehousing LIW Special Purpose SP Central Business District CBD Special Planned Area District SPA (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-103. Conservation district (CON). (a) Intent. The conservation district is composed mostly of open land, water, marsh and wetland areas, consisting primarily of the public River Branch, Dutton Island and Tideviews Preserves. It is intended that the natural and open character of these areas be retainers and that adverse impacts to these environmentally sensitive areas, which may result from development, be minimized To achieve this intent, uses allowed within the conservation districts shall be limited to certain conservation, recreation, very low intensity uses that are not in conflict with the intent of this district, the comprehensive plan or any other applicable federal, state and local policies and permitting requirements. (b) Permitted uses. Uses permitted within the conservation district shall be limited to the following: (1) Cemetery limited to those lands owned by the existing cemetery as of the January 1, 2002 initial effective date of these land development regulations. (2) Nature preserves, public natural resource based parks, and passive recreational uses and facilities as needed to support such uses. (3) Kayak, canoe rentals, and vendors limited to providing equipment or supplies as needed to use these natural resources subject to approval by the city commission. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1456 LAND DEVELOPMENT REGULATIONS § 24-104 Sec. 24-104. Residential, single-family—Large lot district (RS -1). (a) Intent. The RS -L zoning district is intended for development of low density single-family residential uses in areas where traditional established lot sizes are larger than those typically located throughout the City of Atlantic Beach. All development of land and parcels within the RS -L zoning district shall comply with the residential density limitations as set forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted within the RS -1 zoning district shall be: (1) Single-family dwellings. (2) Accessory uses (see section 24-151). (3) Government uses, buildings and facilities. (c) Uses -by -exception. Within the RS -1 zoning district, the following uses -by -exception may be permitted. (1) Churches, subject to the provisions of section 24-153. (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. (4) Home occupations, subject to the provisions of section 24-159. (d) Minimum lot size. Existing legally established lots of record may exist, which do not meet the following lot width, depth or area requirements. These lots may be developed subject to all applicable land development regulations; however, all lots created after the February 27, 2006 effective date of Ordinance 90-06-189, shall comply with these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the RS -L zoning district shall be: (1) Minimum lot or site area: Ten thousand (10,000) square feet. (2) Minimum lot width: One hundred (100) feet. (3) Minimum lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the RS -1 zoning district shall be: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Seven and one-half (7.5) feet. (f) Building restrictions. Additional building restrictions within the RS -1 zoning district shall be: (1) Maximum impervious surface: Fifty (50) percent. Supp. No. 37 1457 § 24-104 ATLANTIC BEACH CODE (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-105. Residential, single-family district (RS -1). (a) Intent. The RS -1 zoning district are intended for development of density single-family residential areas. All development of land and parcels within the RS -1 zoning district shall comply with the residential density limitations as set forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted within the RS -1 zoning district shall be: (1) Single-family dwellings. (2) Accessory uses (see section 24-151). (3) Government uses, buildings and facilities. (c) Uses -by -exception. Within the RS -1 zoning district, the following uses -by -exception may be permitted. (1) Churches, subject to the provisions of section 24-153. (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. (4) Home occupations, subject to the provisions of section 24-159. (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following requirements. These lots may be developed subject to all applicable land development regulations; however, all lots created after January 1, 2002 must comply with these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the RS -1 zoning district, which are created after the initial effective date of these land development regulations, shall be: (1) Lot or site area: Seven thousand five hundred (7,500) square feet. (2) Lot width: Seventy-five (75) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the RS -1 zoning district shall be: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Seven and one-half (7.5) feet. Supp. No. 37 1458 LAND DEVELOPMENT REGULATIONS § 24-106 (f) Building restrictions. Building restrictions within the RS -1 zoning district shall be: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-106. Residential, single-family district (RS -2). (a) Intent. The RS -2 zoning district is intended to apply to predominately developed areas of single-family dwellings with platted lots that are smaller than those in the RS -1 zoning district. All development of land and parcels within the RS -2 zoning district shall comply with the residential density limitations as set forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted within the RS -2 zoning district shall be: (1) Single-family dwellings. (2) Accessory uses (see section 24-151). (3) Government uses, buildings and facilities. (c) Uses -by -exception. Within the RS -2 zoning district, the following uses -by -exception may be permitted: (1) Churches, subject to the provisions of section 24-153. (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. (4) Home occupations, subject to the provisions of section 24-159. (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following requirements. These lots may be developed subject to all applicable land development regulations; however, all lots created after January 1, 2002 must comply with these minimum lot size requirements in order to obtain building permits authorizing development (see section 24-188 and section 24-189). The minimum size for lots within the RS -2 zoning district, which are created after the initial effective date of these land develop- ment regulations, shall be: (1) Lot or site area: Seven thousand five hundred (7,500) square feet. (2) Lot width: Seventy-five (75) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements within the RS -2 zoning district shall be: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. Supp. No. 37 1459 § 24-106 ATLANTIC BEACH CODE (3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side. (f) Building restrictions. Building restrictions within the RS -2 zoning district shall be: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-107. Residential, two-family district (RG). (a) Intent. The RG zoning district is intended for development of kw and medium density single-family and two-family residential areas. All development of land and parcels within the RG zoning district shall comply with the residential density limitations as set forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted within the RG zoning district shall be: (1) Single-family dwellings. (2) Two-family (duplex) dwellings, subject to density limitations. (3) Accessory uses as set forth in section 24-151. (4) Townhouses, subject to density limitations and compliance with article IV, subdivision regulations and section 24-88. (5) Government uses, buildings and facilities. (6) Family day care homes and group care homes. (c) Uses -by -exception. The following uses may be approved as a use -by -exception within the RG zoning district. (1) Child care centers. (2) Churches. (3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (4) Schools and community centers. (5) Home occupations subject to the provisions of section 24-159. (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the below requirements. These lots may be developed with a single-family residence subject to all applicable land development regulations; however, all lots created after January 1, 2002 must comply with the following minimum requirements in order to obtain building permits authorizing development. The minimum size for lots within the RG zoning district, which are created after the January 1, 2002 initial effective date of these land development regulations, shall be as set forth herein. (1) Minimum lot area in the RG zoning district: a. Single-family dwellings: Seven thousand five hundred (7,500) square feet. Supp. No. 37 1460 LAND DEVELOPMENT REGULATIONS § 24-108 b. Two-family (duplex) dwelling or two -unit townhouse: Lands designated as low density by the future land use map: fourteen thousand five hundred (14,500) square feet. Lands designated as medium density by the future land use map: Six thousand two hundred (6,200) square feet. Lands designated as high density by the future land use map: Five thousand (5,000) square feet. (2) Minimum lot width in the RG zoning district: Seventy-five (75) feet. (3) Minimum lot depth in the RG zoning district: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements within the RG zoning district shall be: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side. (f) Building restrictions. The building restrictions for the RG zoning district shall be: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-108. Residential, multi -family district (RG -M). (a) Intent. The RG -M zoning district is intended for development of medium to high-density multi -family residential areas. All development of land and parcels within the RG -M zoning district shall comply with the residential density limitations as set forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted within the RG -M zoning district shall be: (1) Single-family dwellings. (2) Two-family (duplex) dwellings subject to the density limitations. (3) Townhouses, subject to subject to the density limitations and compliance with article IV, subdivision regulations and section 24-87. (4) Multi -family dwellings, subject to the density limitations. (5) Accessory uses as set forth in section 24-151. (6) Government buildings and facilities. (7) Family day care homes and group care homes. Supp. No. 37 1461 § 24-108 ATLANTIC BEACH CODE (c) Uses -by -exception. Subject to the provisions of section 24-63, the following uses may be approved as a use -by -exception within the RG -M zoning district: (1) Churches. (2) Public and private recreation facilities not of a commercial nature and of a neighbor- hood scale intended to serve the surrounding residential neighborhood. (3) Child care centers. (4) Schools and Community Centers. (5) Home occupations subject to the provisions of section 24-159. (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following requirements. These lots may be developed with a single-family residence subject to all applicable land development regulations; however, all lots created after January 1, 2002, must comply with the these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the RG -M zoning district, which are created after the January 1, 2002 initial effective date of these land development regulations, shall be as set forth herein. (1) Minimum lot or site area: a. Single-family dwellings: Seven thousand five hundred (7,500) square feet. b. Two-family dwellings or two -unit townhouse: Lands designated as low density by the future land use map: Fourteen thousand five hundred (14,500) square feet. Lands designated as medium density by the future land use map: Six thousand two hundred (6,200) square feet. Lands designated as high density by the future land use map: Five thousand (5,000) square feet. c. Multi -family dwellings- Minimum seven thousand five hundred (7,500) square feet parcel required, with maximum number of dwelling units determined by the density limitations as set forth in the comprehensive plan. (2) Minimum lot width in the RGM zoning district: Seventy-five (75) feet. (3) Minimum lot depth in the RG -M zoning district: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the RG -M zoning are: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet on either side. b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side. Supp. No. 37 1462 LAND DEVELOPMENT REGULATIONS § 24-109 c. Multi -family dwellings: Fifteen (15) feet each side. (f) Building restrictions. The building restrictions for the RG -M zoning district shall be as follows: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-109. Commercial, professional office (CPO). (a) Intent. The CPO zoning district is intended for small, neighborhood scale professional offices with residential design characteristics that make such uses compatible with nearby residential uses. (b) Permitted uses. The uses permitted within the CPO zoning district shall be: (1) Medical and dental offices (but not clinic or hospital), chiropractor offices, licensed massage therapist offices. (2) Professional Offices, such as accountant, architect, attorney, engineer, land surveyor, optometrist and similar uses. (3) Business offices such as real estate broker, insurance agent, stockbroker and similar uses. (4) Single-family dwelling units. (5) Child care centers, in accordance with section 24-152. (6) Mixed use projects combining the above permitted uses and those approved as a use -by -exception pursuant to subsection (d) below. (c) Limitations. All uses within the CPO zoning district shall be subject to the following standards: (1) No outside retail sales, display or storage of merchandise or business activities shall be permitted. (2) No vehicles other than typical passenger automobiles, and no trucks exceeding three -quarter -ton capacity, shall be parked on a daily or regular basis within CPO zoning districts. (3) No manufacture, repair, mechanical, service or similar work shall be permitted, and no machinery shall be used other than normal office equipment such as typewriters, calculators, computers, bookkeeping machines shall be used in association with any use located within the CPO zoning districts. (4) Permitted uses shall not include establishments for live entertainment or adult entertainment establishments, outdoor entertainment such as putt -putt golf and driving ranges, skateboard facilities, firing ranges, amusement centers, computer Supp. No. 37 1463 § 24-109 ATLANTIC BEACH CODE game centers, video game arcades and any type of token or coin-operated video or arcade games, movie theaters, tattoo or body artists or studios, pawn shops, billiard and pool halls. (d) Uses -by -exception. Within the CPO zoning district, the following uses may be approved as a use -by -exception. (1) Limited retail sales in conjunction with a permitted professional service being rendered at the time. (2) Church or community center. (3) Medical or dental clinic, hospitals, medical or dental laboratory; manufacture of prosthetic appliances, dentures, eyeglasses, hearing aids and similar products. (4) Low intensity service establishments such as barber or beauty shops, shoe repair, tailor or dress makers. (5) Banks and financial institutions without drive-through facilities. (6) Government buildings and facilities. (7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts. (e) Minimum lot or site requirements. The size for lots within the CPO zoning district shall be: (1) Lot or site area: Seven thousand five hundred (7,500) square feet. (2) Lot width: Seventy-five (75) feet. (3) Lot depth: One hundred (100) feet. (f) Minimum yard requirements. The minimum yard requirements within the CPO zoning districts shall be: (1) Front: Twenty (20) feet. (2) Rear: Twenty (20) feet. (3) Side: Ten (10) feet. (g) Building restrictions. The building restrictions within the CPO zoning districts are: (1) Maximum impervious surface: Seventy (70) percent. Where existing impervious surface area exceeds seventy (70) percent on previously developed sites, new develop- ment shall not exceed the pre -construction impervious surface area, and required landscaping shall be provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1464 LAND DEVELOPMENT REGULATIONS § 24-110 Sec. 24-110. Commercial limited district (CL). (a) Intent. The CL zoning district is intended for low intensity business and commercial uses, which are suitable within close proximity to residential uses, and which are intended primarily to serve the immediately surrounding neighborhood. Subject to review as a use -by -exception, and dependent upon compatibility with existing surrounding residential uses, certain more intense commercial uses may also be appropriate. Permitted uses in the CL zoning districts shall not include large-scale discount super -centers or "big -box" retailers or similar commercial uses intended to serve a regional market. Uses shall also not include establishments for live entertainment, or adult entertainment establishments, outdoor enter- tainment such as putt -putt golf and driving ranges, skateboard facilities, firing ranges, amusement centers, computer game centers or video game arcades and any type of token or coin-operated video or arcade games, movie theaters, tattoo or body artists or studios, pawn shops, billiard and pool halls. (b) Permitted uses. The uses permitted within the CL zoning districts shall be as follows: (1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys, sundries and notions, books and stationery, luggage and jewelry and similar uses; but not sale of lumber, hardware or building materials or similar products. (2) Art galleries, libraries, museums and cultural centers. (3) Medical and dental offices, but not clinics or hospitals. (4) Professional offices such as accountants, architects, attorneys, engineers, optometrists and similar uses. (5) Business offices such as real estate broker, insurance agents, manufacturing agents and similar uses. (6) Banks and financial institutions without drive-through facilities. (7) Convenience food stores without fuel sales, but not supermarkets. (8) Restaurants without drive-through facilities. (9) Drug stores and pharmacies. (10) Government uses, buildings and facilities. (11) Child care centers in accordance with section 24-152. (12) Residential use not to exceed the medium density category as established by the comprehensive plan. (13) Mixed use projects combining the above permitted uses and those approved as a use -by -exception pursuant to subsection (c) below. Supp. No. 37 1465 § 24-110 ATLANTIC BEACH CODE (c) Uses -by -exception. Within the CL zoning district, the following uses may be approved as a use -by -exception. (1) Medical or dental clinics. (2) Churches and community centers. (3) Banks and financial institutions with drive-through facilities. (4) Convenience food stores with retail sale of gasoline limited to six (6) fueling positions. (5) Printing shops. (6) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts. (d) Minimum lot size. The minimum size for lots within the CL zoning district shall be: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements for the CL zoning district shall be: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Ten (10) feet. (f) Building restrictions. The building restrictions within the CL zoning districts shall be: (1) Maximum impervious surface: Seventy (70) percent. Where existing impervious surface area exceeds seventy (70) percent on previously developed sites, new develop- ment shall not exceed the pre -construction impervious surface area, and required landscaping shall be provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-111. Commercial general districts (CG). (a) Intent. Within the City of Atlantic Beach, the CG zoning district is intended for uses, which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. New development and new uses within these districts should have direct access to arterial or collector streets, and sites should be designed so that increased traffic through adjacent residential neighborhoods is avoided. The City of Atlantic Beach is a predominantly residential community, and it is a stated goal within the comprehensive plan Supp. No. 37 1466 LAND DEVELOPMENT REGULATIONS § 24-111 that the residential character of the city should be retained. As such, the appropriate level of intensity for general commercial uses may be less than other communities with large commercial zones or a more diverse mixture of uses in close proximity. (b) Permitted uses. It is not possible to list all potential permitted or prohibited general commercial uses within this section, but typical uses permitted within the CG zoning district shall include neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such uses shall not include manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of a regional nature, or such uses that have the potential for negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely affect existing commercial uses or any nearby residential uses. Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement or game centers, tattoo or body artists, pawn shops, bingo halls, billiard or pool halls, game arcades, gaming, video poker establishments, computer game centers, or games played on individual machines or computers, including any type of card, token or coin-operated video or simulated games or similar activities or machines which are played for any type of compen- sation or reward. Where a proposed use is not specifically listed in this section, the permissibility of the use will be determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts to existing nearby uses. The uses permitted in the CG zoning district shall include the following subject to the limitations as set forth within following subsection (d). Unless otherwise and specifically provided for herein, all business activities, products for sale and services must be located within an enclosed building properly licensed for such use. (1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and stationery, luggage, jewelry, art, florists, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber and building materials, auto, boat and marine related parts, and similar retail uses. (2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry cleaner, funeral home, printing, radio and television and electronics repair, lawn care service, pest control companies, surf board repair in association with surf shops, but not the production of surfboards, and similar service uses. (3) Banks with or without drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial service institutions. (4) Child care centers in accordance with section 24-152. Supp. No. 37 1467 § 24-111 ATLANTIC BEACH CODE (5) Business and professional offices. (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of the adjacent building licensed for such business, provided no obstruction to walkways, parking and internal driving aisles is created. (7) Retail sale of beer and wine only for off -premises consumption. (8) On -premises consumption of beer and wine only in conjunction with a full service restaurant, which is a food service use where unpackaged ready -to -consume food is prepared onsite and served to the customer while seated at tables or counters located in a seating area within or immediately adjacent to the building. (9) Automobile service station with minor automotive repair and with accessory car wash. (Note: Heavy automotive repair not permitted per Ordinance [Number] 90-06-197, adopted 12-11-06). (10) Theaters, but not a multi -screen (exceeding two (2) screens) or regional cineplex. (11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as defined within section 24-17. (12) Institutional and government uses, buildings and facilities. (13) Churches in accordance with section 24-153. (14) A single dwelling unit, where such dwelling is an accessory use to the principal use and located within the same building as the principal use. Such dwelling unit is intended to be occupied by the owner or an employee of the principal use. (15) Those uses listed as permitted uses and uses -by -exception in the commercial limited and commercial, professional and office zoning districts. (16) Residential use, consistent with the comprehensive plan, which permits residential uses not exceeding the medium density category when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential devel- opment shall not be permitted within the coastal high hazard area. Policy A.1.11.1(b). Single-family residential uses within the CG zoning districts existing as of the initial effective date of these land development regulations shall be considered as vested development. (17) Mixed use projects combining the above uses and those approved as a use -by -exception pursuant to subsection (c) below. (c) Uses -by -exception. Within the CG zoning district, the following uses may be approved as a use -by -exception where such proposed uses are found to be consistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses: (1) Pet kennel and facilities for the boarding of animals (2) Veterinary clinic. Supp. No. 37 1468 LAND DEVELOPMENT REGULATIONS § 24-111 (3) On -premises consumption of alcoholic beverages in accordance with chapter 3 of this Code. (4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-through business (this shall not be construed to prohibit restaurants with carry -out service, which are a permitted use). (5) Limited wholesale operations, not involving industrial products or processes or the manufacturing of products of any kind. (6) Contractors, not requiring outside storage, provided that no manufacture, construc- tion, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. Not more than one (1) contractor related vehicle shall be parked outdoors on a continuous basis. (7) Produce and fresh markets with outdoor sale and display of garden produce only. (8) Cabinet shops, woodworking shops and surfboard production. (9) Hospitals. (10) Sale of new and used automobiles, motorcycles and boats, and automotive leasing establishments, but not temporary car, truck, boat or motorcycle shows or displays. (11) Businesses offering live entertainment, not including adult entertainment establish- ments as defined by Section 847.001(2), Florida Statutes. (d) Limitations on certain uses. Permitted uses within the CG zoning district shall not include large-scale retail establishments, which for the purposes of this chapter shall be defined by their size and as follows: Large-scale retail establishments shall include those businesses, whether in a stand- alone building or in a multi -tenant building, which occupy a floor area exceeding sixty thousand (60,000) square feet including any interior courtyards, all areas under roof and also any other display, sales or storage areas partially or fully enclosed by any means including walls, tarps, gates or fencing. Large-scale retail establishments are commonly referred to as "big -box" retailers, discount department stores, super -centers, warehouse clubs or by similar terms. Such establishments may offer a similar type of products such as electronics or appliances or office products, but more typically offer a wide variety of general merchandise and departments, which may include home improvement, house -wares and home furnishings, sporting goods, apparel, pharmacy, health and beauty products, automotive parts and services and may also include grocery items. This definition shall not be construed to limit the overall size of shopping centers as these are defined within section 24-17, but shall apply to any building where businesses with separate local business tax receipts may share the same interior space of a building which is not separated into individual units by structural fire rated walls or that do not contain separate and distinct exterior entrances. Supp. No. 37 1469 § 24-111 ATLANTIC BEACH CODE Intent. The intent of this limitation is to ensure that the city's limited commercial areas are developed or redeveloped with uses that are compatible with the residential character of the city and further, to implement related goals, objectives, and policies of the 2015 Comprehensive Plan, restated in part as follows. Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the city (Policy A.1.5.7). (1) The city shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2015 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the city, particularly with respect to the predominantly residential character and small-town scale of the city (Objective A.1.11—Appropriate land use patterns). (2) The city shall encourage future development and redevelopment, which retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach (Objective A.1.3—Maintaining residential character). (e) Minimum lot size. The minimum size for lots within the commercial general zoning district shall be: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (f) Minimum yard requirements. The minimum yard requirementq within the general zoning district shall be: (1) Front yard: Twenty (20) feet, except that the front yard may be reduced to ten (10) feet where required off-street parking is located at the rear or side of the building site, and the primary business entrance is designed to face the street. (2) Rear yard: Ten (10) feet. (3) Side yard: Ten (10) feet where adjacent to existing residential use. Otherwise, a combined fifteen (15) total feet with a five (5) feet minimum on either side. (g) Building restrictions. The building restrictions in the commercial general zoning district shall be as follows: commercial (1) Maximum impervious surface: Seventy (70) percent. Where existing impervious surface area exceeds seventy (70) percent on previously developed sites, new develop- ment shall not exceed the pre -construction impervious surface area, and required landscaping shall be provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. Supp. No. 37 1470 LAND DEVELOPMENT REGULATIONS § 24-112 (2) Maximum building height: Thirty-five (35) feet. (3) Parking. Off-street parking shall be provided in accordance with section 24-161 of this chapter. Where existing uses, which do not provide the required number of off-street parking spaces as set forth within subsection 24-161(g) are replaced with similar uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in floor area or expansion in building size, including the addition of seats shall require provision of additional parking for such increase or expansion. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-112. Light industrial and warehousing districts (LIW). (a) Intent. The light industrial and warehousing zoning district is intended for light manufacturing, storage and warehousing, processing or fabrication of nonobjectionable products, not involving the use of materials, processes or machinery likely to cause undesirable effects upon nearby or adjacent residential or commercial activities. Heavy industrial uses generally identified as industry groups 32-37 by the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget shall not be permitted within the LIW district. (b) Permitted uses. The uses permitted within the light industrial and warehousing zoning district shall be: (1) Wholesaling, warehousing, Mini -warehouses and personal self -storage, storage or distribution establishments and similar uses. (2) Light manufacturing, packaging or fabricating, without noxious or nuisance odors or hazardous operations, within completely enclosed buildings. (4) Contractor's yards with outdoor storage. Required front yards yard shall not be used for storage, and a six-foot visual barrier shall be installed around such storage areas so as to conceal view from adjacent properties and streets. (5) Heating and air conditioning, plumbing and electrical contractors, wholesale bakeries and similar uses. (6) Vocational, technical or trade schools (except truck or tractor driving schools) and similar uses. (7) Government buildings, uses and facilities. (8) Minor automotive repair, and boat, trailer or surfboard repair of a minor nature. (c) Uses -by -exception. Within the light industrial and warehousing zoning district, the following uses may be approved as a use -by -exception. (1) Bulk storage of flammable liquids or gases subject to provisions of county and state fire codes. (2) Radio, TV and telecommunications transmitting tower. Supp. No. 37 1471 § 24-112 ATLANTIC BEACH CODE (3) Concrete batching plants. (4) Establishments for sale of new and used automobiles, motorcycles, trucks and tractors, boats, automobile parts and accessories (except salvage yards), machinery and equipment, farm equipment, lumber and building supplies, mobile homes, monuments and similar sales establishments. (5) Establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar uses. (6) Welding shops, metal fabrication and sheet metal works. (7) Manufacture and production of boats and surfboards. (8) Processing (excluding animal processing and slaughterhouses). (9) Wholesale food processing. (d) Minimum lot size. The minimum size for lots within the LIW district shall be: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements for the LIW zoning districts shall be as follows: (1) Front yard: Twenty (20) feet. (2) Rear yard: Ten (10) feet. (3) Side yard: Ten (10) feet. (f) Building restrictions. The building restrictions for the LIW zoning district shall be as follows: (1) Maximum impervious surface: Seventy (70) percent. The maximum impervious surface shall not apply to infill development or redevelopment of previously developed sites. Where existing development exceeds seventy (70) percent, redevelopment shall not increase impervious surface area beyond that existing. Required landscaping shall be provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1472 LAND DEVELOPMENT REGULATIONS § 24-113 Sec. 24-113. Special purpose district (SP). (a) Intent. The special purpose district is intended for a limited single use that does not fit within the conventional zoning districts. Applications to rezone land to special purpose district may be made in accordance with section 24-62. The use proposed for any special purpose district shall be consistent with the comprehensive plan, and the use and any limitations applicable to such use shall be stated within the ordinance establishing the special purpose district. (b) Permitted uses. Government uses and public facilities and any other permitted uses shall be limited to those established by the city commission within the ordinance creating a special purpose district, and upon a finding of consistency with the comprehensive plan. (c) The existing salvage yard, which is restricted to storage and salvage operations of automobiles, trucks, motorcycles, mobile homes, other vehicles, boats, septic tanks and metal scrap is recognized as a lawfully permitted nonconforming use. The site area for this existing salvage yard shall not exceed that covered by the blocks or portions thereof limited in location to the following lots of record identified as Section H, to wit: all of Blocks 111, 112, 113, 117, 118, 119, 140, 141, and 142. In the case that any lot or parcel within the blocks referenced herein shall cease to be used for a salvage yard as described herein, then and in that case, that particular lot or parcel shall not again be used except in conformance with the requirements of this section, and any autos, boats, parts, or similar remaining materials shall be removed at the owner's expense within six (6) months after receiving written notice from the City of Atlantic Beach. The zoning district classifications of such lots shall then revert to residential, single-family (RS -2), and the use of such lots shall conform to the provisions of section 24-106 and all other applicable land development regulations. (d) Uses -by -exception. None. (e) Minimum lot or site requirements. Minimum required lot area shall be determined based upon the characteristics of the use proposed. (f) Minimum yard requirements. Structures shall be a minimum distance of five (5) feet from any property line. (g) Building restrictions. The building restrictions applicable to any use permitted within a special purpose district shall be established within the ordinance creating such special purpose district. (h) Special requirements. Development within a special purpose district shall be subject to the following provisions: (1) Accessory uses shall be determined based upon the specific use permitted within the special purpose district. (2) Where a specific permitted use within a special purpose district is ceased for a period of six (6) months or abandoned, the zoning district designation shall remain special Supp. No. 37 1473 § 24-113 ATLANTIC BEACH CODE purpose (SP), except in the case where the terms of an SP district require reversion to a previous zoning district designation. In all other cases, no future use shall be permitted except in conformance with the requirements of this section and until the ordinance establishing the special purpose district is amended. (3) Where a specific permitted use within a special purpose district is ceased for a period of six (6) months, or abandoned, all structures, equipment, stored materials and any refuse shall be fully removed, at the property owner's expense, within six (6) months of receiving written notice from the City of Atlantic Beach in accordance with such order for removal or in accordance with the terms of the ordinance establishing the special purpose district. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24414. Central business dis iici (CBD). (a) Intent. The central business district is intended for low intensity, neighborhood scale commercial and retail and food service uses, and professional offices, which are suitable within the constraints of the existing development patterns of the district and which contribute to the commercial, civic and cultural vitality of the City of Atlantic Beach Town Center area. The central business district contains an established development pattern with a predominance of older structures built prior to the current requirements for area, setbacks, parking and other site related elements, and this character should be retained. (b) Permitted uses. The uses permitted in the central business district shall be: (1) Service establishments such as barber or beauty shops, shoe repair, laundromat, (but not dry cleaners), tailors or dressmakers; retail sales of items such as wearing apparel, toys, sundries and notions. books, stationery. liiggage Jewelry, or similar 1-9es. (2) Pharmacies. (3) Medical and dental offices, but not clinics or hospitals. (4) Professional offices such as accountants, architects, attorneys, engineers, and similar uses. (5) Business offices such as real estate broker, insurance agents, and similar uses. (6) Banks and financial institutions without drive-through facilities. (7) Restaurants, cafe, coffee shops without drive -up or drive-through service. (8) Art galleries, libraries, museums, cultural centers. (9) Municipal, government buildings and facilities. (10) Leased right-of-way uses. (11) A single dwelling unit within the same building occupied by a permitted use, intended to be occupied by the owner or an employee of such use. Supp. No. 37 1474 LAND DEVELOPMENT REGULATIONS § 24-114 (c) Uses -by -exception. Within the central business district, the following uses may be approved as a use -by -exception. (1) Residential, where such residential use is secondary to the permitted commercial use of the building. (2) Businesses offering live entertainment, not including adult entertainment establish- ments as defined by Section 847.001(2), Florida Statutes, and also not including outdoor entertainment such as putt -putt golf and driving ranges, skateboard facilities, firing ranges, amusement centers and video game arcades and any type of token or coin-operated video or arcade games, tattoo or body artists or studios, movie theaters, billiard and pool halls. (d) Lot size and yard requirements. Subject to meeting required impervious surface area limits, stormwater requirements, access and parking standards, landscaping and buffering, there are no defined setbacks within the central business district. (e) Building restrictions. The building restrictions for the central business district shall be as follows: (1) Maximum impervious surface: Seventy (70) percent. The maximum impervious surface shall not apply to infill development or redevelopment of previously developed sites. Where existing development exceeds seventy (70) percent, redevelopment shall not increase impervious surface area beyond that existing. Required landscaping shall be provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. (2) Maximum building height: Thirty-five (35) feet. (f) Right-of-way lease restrictions. Outside seating for restaurants, coffee shops and sidewalk cafes may be operated by the management of adjacent permitted food service establishments, subject to the following provisions: (1) Outside seating within public rights-of-way may be permitted under a renewable annual lease agreement approved by the city commission. As a condition of the lease, the owner of such establishment shall agree in writing to maintain that portion of the right-of-way where the outside seating is located. The owner/leasee/leasor of the business establishment and the property owner shall agree in writing to hold the City of Atlantic Beach harmless for any personal injury or property damage resulting from the existence or operation of, and the condition and maintenance of the right-of-way upon which any outside seating is located, and shall furnish evidence of general liability insurance in the amount of one million dollars ($1,000,000.00) per person and two million dollars ($2,000,000.00) per occurrence with the City of Atlantic Beach as additional named insured. (2) Outside seating shall not be permitted on the sidewalk closer than five (5) feet from the curb line of the street or from any fire hydrants located in the right-of-way. Supp. No. 37 1475 § 24-114 ATLANTIC BEACH CODE (3) Outside seating areas shall be defined by an enclosure of at least three (3) feet in height measured from the ground or sidewalk level. Enclosures shall be designed in compliance with ADA accessibility guidelines and shall provide safe pedestrian access to the public right-of-way and designated parking spaces. Such enclosure may consist of screens, planters, fencing or other similar materials. (4) No heating or cooking of food or open flames shall be allowed in outside seating areas. (5) Seats provided in outside seating areas shall be included in the required parking calculations. (6) Amplified music shall not be permitted in outside seating areas. Lighting to serve outside seating areas shall be white in color and shall not spill over to adjacent properties. (7) The city commission shall determine and establish by resolution the charges, terms and termination procedures for right-of-way leases. (8) The city commission may permit nonfood service uses under right-of-way lease agreements provided such uses are permitted under the use -by -exception process and further provided such uses are special event related and not continuous. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-115. Reserved. DIVISION 6. SPECIAL PLANNED AREA DISTRICT (SPA) Sec. 24-116. Purpose and intent. 77,,� arca district to to ,_ _ ,_ The purpose of tl+n., special planned arca district il.L is V'1'ea L� a lllelllctlnSlli Lu CS La1i.)11Sr1 a plan of development or redevelopment for a site where the property owner and the community's interests cannot be best served by the provisions of the conventional zoning districts, and where assurances and commitments are necessary to protect the interests of both the property owner and the public, and also the unique qualities of the City of Atlantic Beach which are expressed throughout this chapter and the comprehensive plan. The intent of this section is to provide an appropriate zoning district classification for new development and redevelopment where specific development standards and conditions will be established within the enacting ordinance. The quality of design and site planning are the primary objectives of the SPA district. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-117. Special planned area district defined. For the purpose of this chapter, special planned area shall mean a zoning district classification that provides for the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A special planned Supp. No. 37 1476 LAND DEVELOPMENT REGULATIONS § 24-120 area shall also include a commitment for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants or patrons thereof. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-118. Special planned area district required. The special plan area process may be used at a property owner's discretion, and may also be required by the city where a proposed development or redevelopment project has unique characteristics, special environmental or physical features such that a site development plan is needed as part of the review and approval process. Proposed mixed use projects shall require approval as a special planned area district. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-119. Permitted uses and site requirements. (a) Permitted uses. Any use or mix of uses, which are a permitted use or a permitted use -by -exception, subject to that use being an allowable use within the future land use category as designated by the comprehensive plan, may be proposed within a special planned area district. (b) Site requirements. Special planned area districts shall not have a minimum size requirement, but shall otherwise be subject to all applicable requirements of this chapter. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-120. Process for rezoning to special planned area district. (a) The procedure for rezoning to special planned area shall be the same as set forth within section 24-62 of this chapter. (b) Ownership and commitment information required. An application for rezoning to special planned area shall proceed in general as for other applications for rezoning and, in addition to the information required for such applications, the following shall also be required: (1) Evidence of unified control and a commitment to proceed with the proposed develop- ment in accordance with the ordinance creating the special planned area (2) Provision of a written statement for completion of the development according to plans and schedule approved by the ordinance, and for the continuing operation and maintenance of all privately owned areas, functions and facilities, which will not be operated or maintained by the city pursuant to written agreement. (3) Commitment to bind all successors and assigns in title to any commitments included within the ordinance creating the special planned area which shall also include by reference the application for rezoning and the approved plan of development, and which shall be recorded with the Clerk of the Courts of Duval County. Supp. No. 37 1477 § 24-120 ATLANTIC BEACH CODE (4) Statements providing commitments for the continued maintenance and ownership of all shared and common areas, any private streets, all stormwater management structures and facilities, infrastructure and any other improvements. (c) Materials to accompany application. An application for rezoning to special planned area shall include the following: (1) Traffic, environmental or other technical studies and reports as may be required in order to make the findings and determinations called for in the evaluation of the particular application. Any such information shall be provided at the applicant's expense and shall be prepared by professionals who are qualified, licensed or certified to prepare such information using standard accepted methodologies. (2) Written narrative describing the intended plan of development. (3) A proposed site development plan drawn at an appropriate scale depicting the following: a. The general location, grouping, and height of all uses, structures and facilities. b. In the case of residential development, the number of dwelling units proposed, their general location, proposed building setbacks, separation between structures and number of stories. c. The general location of vehicular and pedestrian circulation systems including driveways, sidewalks, parking areas, and streets to be dedicated. d. Open space and all active and passive recreational uses, with estimates of acreage to be dedicated to the city and that to be retained in common ownership. Active and passive recreation shall be sufficient to serve the needs of residents within the planned unit development. e. A topographic map at an appropriate scale showing contour lines, including all existing buildings, water bodies, wetland areas and ratio of wetlands to uplands, significant environmental features and existing vegetative communities. f. Any archaeological or historic resources, as identified by the State Division of Historical Resources Master Site File. g. Site data including total number of acres in the project and acreage to be developed with each proposed use. (Total number of dwelling units separated by type and total nonresidential acreage and square footage of nonresidential structures. (4) Proposed schedules of development, including the following: a. Areas to be developed and the phasing schedule for each development area. Individual phases may overlap, but no single phase shall exceed a period of five (5) years. b. Terms providing a definition for commencement and a definition of completion. Supp. No. 37 1478 LAND DEVELOPMENT REGULATIONS § 24-124 c. The construction of streets, utilities and other improvements necessary to serve the proposed development. d. The dedication of land to public use. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-121. Development standards and criteria. The special planned area district should not be construed as a mechanism to diminish the requirements set forth elsewhere within this chapter or other chapters of the City Code. Waivers to existing development standards shall be approved by the city commission and only upon demonstration that an alternative standard will provide a better development outcome with respect to the quality of design and development form. Unless otherwise approved as part of the master site development plan, all applicable requirements of the land development regulations shall apply. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-122. Master site development plan required. A final site development plan shall be attached as an exhibit to the ordinance or adopted by reference within the ordinance enacting any special planned area district and shall include the following: (1) Those items set forth within section 24-118. (2) A schedule of development, and if a phased schedule is proposed, phases of not more than five (5) years each. (3) All features and special development provisions and conditions capable of being depicted on a map or otherwise provided in notations on the plan or within text attachments. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-123. Platting. Where lands within a special planned area district will be platted, the platting and recordation procedures and requirements as set forth within article IV of this chapter shall apply. (Ord. No. 90-10-212, § 2(Exh A), 3-8-10) Sec. 24-124. Modifications to previously approved special planned area districts or master site development plans or planned unit developments (PUD). (a) Changes to the terms or conditions of a special planned area district, or to an existing planned unit development approved prior to the enactment of the special planned area district, that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. Supp. No. 37 1479 § 24-124 ATLANTIC BEACH CODE (b) Changes to master site development plans shall require approval by resolution of the city commission upon finding that the proposed changes remain consistent with the approved special planned area district. (c) Minor deviations to a master site development plan or final development plan may be approved by the designated administrative official following review by the public works, public utilities and community development departments, upon finding that the requested changes are consistent with the following: (1) No change in use; (2) No increase in building height, density or intensity of use; (3) No decrease in area set aside for buffers or open space; (4) No changes to access point or driveways. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-125. Expiration of time limits provided in ordinance. If development actions set forth within the ordinance creating a special planned area district are not taken as prescribed within the ordinance, the special planned area district shall expire, and no further action shall be permitted under same unless an extension has been granted by the city commission. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-126. Effect on previously approved planned unit developments (PUDs). PUDs created prior to the effective date of the ordinance enacting the special planned area district provisions shall remain so designated on the zoning map and shall remain subject to all specific terms and conditions as set forth within the particular PUll ordinance, except that any change to a previously enacted PUD shall be made in accordance with the procedures as set forth within this division. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-127-24-150. Reserved. DIVISION 7. SUPPLEMENTARY REGULATIONS Sec. 24-151. Accessory uses and structures. (a) Authorization. Accessory uses and structures are permitted within any zoning district, as set forth within this section, where the accessory uses or structures are clearly ancillary, in connection with, and incidental to the principal use allowed within the particular zoning district. Any permanently located structure, including porches, decks and deck railings and the like, which exceed thirty (30) inches in height, also including those which may not require a building permit, are subject to applicable yard requirements unless otherwise provided for within this section. Any accessory structure, if allowed to deteriorate to an unsafe, deteriorated Supp. No. 37 1480 LAND DEVELOPMENT REGULATIONS § 24-151 or unsightly appearance, shall be repaired or removed upon order of the city, and shall become subject to code enforcement action for failure to comply. However, temporary structures, such as portable tents, canopies, awnings or other nonpermanent structures shall be limited to special occasion use only, and for a period of not more than ninety-six (96) hours, i.e., four (4) days. (b) Accessory uses and structures by zoning district. Accessory uses and structures shall be permitted only within zoning districts as set forth within this division. (1) Within all residential zoning districts: a. Antenna structures for television and radio, but not microwave relay or commer- cial transmission structures, television and radio antennas of the customary size and design shall not count as accessory structures for the purpose of determining the number of such structures, provided that only one (1) such structure is permitted per residence. b. Children's playhouse and/or juvenile play equipment provided such shall not be permanently located within required front yards. c. Guest house or guest quarters provided that such are used only for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence. A guest house or guest quarters shall not be rented for any period of time and shall not contain a kitchen, but may contain a kitchenette as defined herein. Further, a guest house or guest quarters shall not be used as, or converted to a dwelling unit. A detached guest house shall not exceed the number of buildings allowed on a lot as set forth within subsection 24-82(b). d. Detached private garages, carports, guest house or guest quarters, not to exceed six hundred (600) square feet of lot area and fifteen (15) feet in height, except in accordance with section 24-88 or the provisions of the following paragraph. Only one (1) detached private garage, carport, guest house or guest quarters shall be allowed on any single residential lot, and shall be a minimum distance of five (5) feet from rear and side lot lines. Such detached structures exceeding six hundred (600) square feet of lot area shall comply with applicable setbacks as established for the principal building. e. Detached private garages, not to exceed six hundred (600) square feet of lot area may be constructed to a height of twenty-five (25) feet provided that such structures shall comply with applicable side yard requirements and shall be a minimum distance of ten (10) feet from the rear lot line. f. Gazebos and similar structures, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height and a minimum distance of five (5) feet from the rear and side lot lines. g. Private swimming pools in accordance with section 24-164. h. Home office (but not a home occupation). i. Private ball courts and other similar private recreational uses. Supp. No. 37 1481 § 24-151 J• ATLANTIC BEACH CODE Skateboard, skating, bicycle or similar ramps, for use on private property only, placed or constructed in fixed locations and made of wood, block, concrete or similar materials, provided that these are not located within required front yards or the street side yards on a corner lot. Due to excessive noise, which may result from the use of such ramps, time of use shall be limited to the hours between 9:00 a.m. and 10:00 p.m. Such ramps shall be maintained in a safe and good condition, and shall be disassembled and removed from the property if allowed to deterio- rate to an unsafe or unsightly appearance. k. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall be a minimum distance of five (5) feet from the rear and side lot lines. 1. Screened enclosures and pool cages with screened roofs or similar nonstructural roofs such as awnings and the like, located a minimum of five (5) feet from any side or rear lot line. Such screened enclosures shall not be allowed in front yards. m. Personal pets, limited to those animals customarily considered as pets, and kept only on the same premises of the occupant(s) of the residential principal building. n. Outdoor shower enclosures and open exterior stairs within rear or side yards located a minimum of three (3) feet from side lot lines. (2) In any zoning district; except as to private swimming pools. All accessory uses and structures shall comply with the use limitations applicable to the zoning district in which they are located. a. Unless otherwise specified within this section, all accessory structures shall comply with the land development regulations, including the minimum yard requirements applicable to the Luning Clist,rie. in which they are located. b. Unless otherwise specified within this section, accessory uses and structures shall not be located within required front yards and shall not be closer than five (5) feet from any lot line. c. No accessory structure shall be used as a residence, temporarily or permanently, except in accordance with section 24-88, and no accessory structure shall be used for any commercial or business purposes unless approved as a home occupation in accordance with the provisions of section 24-159 of this chapter. Accessory structures shall not be more than fifteen (15) feet in height, except in accordance with section 24-88 or preceding subsection (b)(1)d. Space within an accessory structure shall not be leased or used for any use, activity or purpose other than those typically incidental to the use of the principal building. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) d. Sec. 24-152. Child care. Child care centers, including day nurseries and kindergartens, and child care provided in private homes, whether operated as a permitted use or permitted as a use -by -exceptions, shall Supp. No. 37 1482 LAND DEVELOPMENT REGULATIONS § 24-153 be licensed and operated in accordance with all applicable requirements of the Florida Department of Children and Family Services, all applicable city codes, and shall further be subject to the following provisions: (a) Minimum Lot area shall not be less than five thousand (5,000) square feet. (b) Outdoor play areas shall be fully fenced with a minimum four -foot high latching fence, and the size of play area shall meet the state regulations for square feet of play area per child. Within all residential zoning districts, play areas and all play equipment, structures and children's toys shall not be located, maintained or stored within required front or side yards. (c) Where approval of a use -by -exception is required to operate a child care facility, the maximum number of children shall be stated in the application, and in no case shall the maximum permitted number of children be exceeded at any time. The application shall include a site plan showing the location of the building to be used or constructed on the lot, fenced play areas, off-street parking, loading and unloading facilities as required by section 24-161, and traffic circulation, including any drop-off areas. (d) Child care provided within private homes, not requiring approval of a use -by - exception, shall be limited to care of not more than five (5) children, unrelated to the operator, within a single time period, and shall be licensed and operated only in accordance with all applicable licensing requirements of the Florida Department of Children and Family Services (DCFS) and the requirements of this section. The application for occupational license to provide child care within a private home shall be accompanied by a copy of the current license certificate from the DCFS and a survey or site plan demonstrating compliance with all requirements of this section. The city reserves the right to request of the DCFS an inspection pursuant to Section 402.311, Florida Statutes, prior to issuance of a local occupational license. Child care in private homes shall be further subject to the following requirements. a. No business signs shall placed upon the lot where child care is provided within private homes. b. Play areas and all play equipment, structures and children's toys shall not be located, maintained or stored within required front or side yards. c. Off-street parking, as required by section 24-161, shall be provided, including provision[s] for off-street drop-off and pick-up. Parking and traffic generated by any child care provided within private home facilities shall have no adverse impacts to the volume or circulation of residential traffic. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-153. Churches. The minimum development criteria for churches in any zoning district where churches are permitted shall include the following: (a) Adequate site area to accommodate all structures and required onsite parking and circulation areas for motor vehicles, in accordance with the parking requirements of this chapter. Supp. No. 37 1483 § 24-153 ATLANTIC BEACH CODE (b) Location on a collector or arterial street with adequate frontage to accommodate ingress -egress driveways in proportion to expected peak attendance levels in order not to disrupt roadway traffic. (c) Maintenance of the required clear sight triangle. (d) Minimum yard requirements and building restrictions as required within the zoning district in which the facility is located. (e) Buffering as required by section 24-167 of this chapter in the form of hedge materials and/or fence or wall, as appropriate, along lot lines adjacent to any residential uses. (f) A single dwelling unit for may be permitted and may be attached to, located within, or on the same premises [as] the church. For dwelling units that are detached from the church building, the minimum yard requirements and building restrictions of the RS -2 zoning district shall apply. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-154. Outdoor display, sale and storage of furniture, household items, mer- chandise and business activities outside of enclosed buildings. (a) Within all nonresidential zoning districts, the outside display of products, or outside sale of furniture, clothing, dry goods, hardware or other similar merchandise, equipment and materials, and also street vendors, shall be prohibited, with the following exceptions: (1) Landscaping and garden supplies, nursery stock in containers, patio furniture and ornamental articles for use in lawn, garden or patio areas, displayed for sale on private property only and subject to provision of any required buffering and screening. (2) Locations authorized for permanent automotive sales, except that no storage or display of tires, auto parts, tools, service or repair work is permitted outdoors, and no streamers, banners, pennants, balloons, flashing lights or similar items are permitted in any location. (3) Temporary farmer's markets limited only to farm and garden produce, and seasonal items such as Christmas trees and pumpkins, may be permitted on private property subject to approval by the designated administrative official verifying adequate parking, safe site access, and establishing the duration and time of such activities. Other conditions for approval, as appropriate, may be required. (b) Within the commercial general (CG) zoning district only, outside display of merchandise shall be permitted only in accordance with the following conditions: (1) Display areas must be fully located on private property, shall not be located in any drive aisle, parking or landscaping areas and shall not in any manner interfere with use of a sidewalk, walkway or entrance to a business with a minimum three-foot wide clear area maintained for walkways in front of any such display. All items and any display rack or table must be brought inside at the close of each business day. Supp. No. 37 1484 LAND DEVELOPMENT REGULATIONS § 24-154 (2) Outside display racks or tables are limited to a maximum size of three (3) feet in height, two (2) feet in depth and five (5) feet in width, and only one (1) outside display rack shall be permitted per business or per lot, as applicable. Display racks or tables must be professionally constructed or manufactured and of a type customarily used for such purposes. Temporary tables constructed of plywood, blocks or other similar materials shall not be used. (3) Only merchandise that is sold inside the adjoining business, which holds the valid business license as the owner or lease holder to operate such business, shall be displayed outside. (4) No temporary signs, lights, banners, balloons, posters and the like shall be permitted Oil such displays, except that pricing information attached to individual items for sale is permissible, and such displays shall be maintained in a neat, orderly and unclut- tered manner. (5) Failure to consistently observe all above conditions shall result in an order from the city to remove all such merchandise and revocation of rights for such future outside displays may follow. (c) Unless expressly permitted by this section or elsewhere within these land development regulations, all business related products services and activities shall be conducted within an enclosed Building, subject to compliance with applicable licensing requirements. (d) Temporary shows for the outdoor display and sale of automobiles, trucks, motorcycles, boats, RVs and the like, flea markets, swap meets, regardless of the name used to describe these, shall be prohibited in all zoning districts. (e) Any signage used for any outside merchandise or activity shall be in accordance with the sign regulations. (f) This section shall not be construed to prohibit outdoor restaurant seating on private property where permitted by the property owner and in compliance with other applicable regulations including required parking, and any required licensing from the division of alcoholic beverages. (g) Within all residential zoning districts, and also including any property containing a residential use, household items, furniture and those items customarily intended for indoor use shall not be displayed, maintained or permanently stored outdoors, or in any location on the lot where such items are visible from adjacent properties. Discarded or unused household items shall be stored or properly disposed of to avoid mold, rodent and insect infestations which may result in health risks and which also create unsightly appearances that negatively affect neighborhoods. Such violations shall be corrected immediately upon written order from the city. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1485 § 24455 ATLANTIC BEACH CODE Sec. 24-155. Establishments offering live entertainment. If at any time the city commission shall determine, based upon procedural due process, that the live entertainment, for which a use -by -exception has been issued, constitutes a public or private nuisance, is not in the best interests of the public, is contrary to the general welfare or has an adverse effect upon the public health, safety, comfort, good order, appearance or value of property in the immediate or surrounding vicinity, then the city commission may, upon such determination, revoke, cancel or suspend such use -by -exception and related business license, and any person or party applying for and receiving a use -by -exception for live entertainment is hereby placed on notice that the use -by -exception may be canceled, revoked or suspended at any time pursuant to the provisions of this section. Every use -by -exception hereafter granted for live entertainment shall contain a recitation upon the face thereof that the same is subject to revocation, cancellation or suspension for the reasons stated in this section. (Ord. No. 90-10-212, § 2(E)th. A), 3-8-10) 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. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required for any new or replacement fence or wall, and all new or replacement fences and walls shall comply with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within section 24-17. Fences must be constructed out of materials that are customarily used for fences. (b) Height and location. (1) Within required front yards, the maximum height of any fence shall be four (4) feet, except that open ornamental aluminum, iron or vinyl or wood fences, similar to the below examples, with vertical rails no more than two (2) inches in width and spacing Supp. No. 37 1486 LAND DEVELOPMENT REGULATIONS § 24-157 of at least four (4) inches may be constructed to a maximum height of five (5) feet except in cases as described in following subsection ii. Within required side or rear yards, the maximum height of any fence shall be six (6) feet. .• 11110111111111111111111111111 (2) The height of fences shall be measured from the established grade at the fence location to the horizontal top rail of the fence. The use of dirt, sand, rocks, timbers, or similar materials to elevate the height of a fence on a mound or above the established grade is prohibited. (3) 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. Signed and sealed construction and engineering plans for retaining walls over thirty-six (36) inches in height shall be required. (4) For nonoceanfront lots with uneven topography along a side lot line, the minimum necessary rake of the fence, which is the ability for a fence to adjust to a slope, shall be allowed for the purpose of maintaining a consistent horizontal line along the side of the lot, provided that the height closest to the front of the lot does not exceed six (6) feet. (c) Corner lots. Fences, walls, similar structures and landscaping on corner lots may create obstacles to clear vehicular, bicycle and pedestrian sight visibility resulting in a public safety hazard. Notwithstanding the following provisions, clear sight visibility for fences, walls, landscaping or any structure proposed along the street side of any corner lot shall be verified by the designated public safety official prior to issuance of the permit required to construct, place or replace any such feature. Sight triangles as defined within section 24-17 shall remain free of visual obstruction. (1) For corner lots located on rights-of-way that are fifty (50) feet or less in width, 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. (2) For corner lots located on rights-of-way that are wider than fifty (50) feet, fences may be constructed within the side yard adjacent to the street at a maximum height of six (6) feet provided that the fence is on the private property and shall not be located closer than fifteen (15) feet from the edge of the street pavement or closer than five (5) feet to any sidewalk or bike path. Supp. No. 37 1487 § 24-157 ATLANTIC BEACH CODE (3) Similarly, hedges and landscaping on corner lots shall be maintained at a height that does not interfere with clear vehicular, pedestrian or bicycle sight visibility or use of the public sidewalk or bike path. (d) Structures similar to fences. Vertical structures such as trellises, screens, partitions or walls, that are intended primarily for the purpose of creating privacy for a back yard or an exterior deck, as opposed to a fence which encloses or separates land, and constructed of any type of material shall be limited to maximum length of twelve (12) feet and a height of eight (8) feet above the deck or the established grade of the lot where such structure is placed, provided that no such structure on a rooftop deck exceeds the maximum permitted height of building. Except for oceanfront lots, where the ocean side is the designated front yard, any such structure shall not be located within the required front yard of a lot and shall be subject to the applicable required side yard setback. (e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be repaired, replaced or removed. Unacceptable fences are identified as those containing any of the following characteristics that can be easily observed from the street or by a neighboring property: (1) Components of the fence are broken, bent, visibly rusted or corroded. (2) Portions of the fence are no longer connected to support posts and rails. (3) Any components are rotten, broken or missing. (4) Weeds are overtaking the fence. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24458. iteserved. Sec. 24-159. Home occupations. (a) Intent. Certain home occupations may be approved through the use -by -exception procedure in order to address the desire of people to conduct limited small-scale home occupations within a personal residence. A home occupation shall not change the residential character or exterior appearance of a property, shall not increase traffic in residential neighborhoods or involve on -premises contact with customers or clientele and shall not create any adverse impacts to the surrounding residential neighborhood. (b) Horne occupations shall be approved in accordance with section 24-63. The following provisions regulations shall also apply to all activities approved as a home occupations: (1) The address of the home occupation shall not 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) business 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. Supp. No. 37 1488 LAND DEVELOPMENT REGULATIONS § 24-159 (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. (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 vehicles 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) Tattoo or body artists. (11) Antique or gift shops. (12) Tow truck service. Supp. No. 37 1489 § 24-159 ATLANTIC BEACH CODE (13) Boarding of animals (14) Any other activity as determined by the city commission to be inappropriate as a home occupation. (e) Home occupations shall not be permitted in areas that are restricted by deed when such documents are recorded in the public records of Duval County and on file with the City Clerk of the City of Atlantic Beach. (f) All other business activities, not specifically approved as a home occupations, shall be restricted to the appropriate commercial zoning districts. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) 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 interference with clear vehicular or 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. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-161. Off-street parking and loading. (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 on to 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. 37 1490 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 subsection (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 (lit) 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 (1) 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. 37 1491 § 24461 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 offsite 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 onsite 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. 37 1492 LAND DEVELOPMENT REGULATIONS § 24-161 (6) Residential uses: Two (2) spaces per dwelling unit. (7) Hospitals, clinics and similar institutional uses: One and one-half (1112) 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. a. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen. b. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff member. (18) Vocational, trade and business schools: One (1) space for each three hundred (300) square feet of gross floor area. (19) 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. (21) Assisted living, senior care and similar housing for the elderly where residents do not routinely drive or maintain vehicles on the property: One (1) space for each four (4) occupant accommodations. Supp. No. 37 1493 § 24-161 ATLANTIC BEACH CODE (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. (j) Additional requirements for multi -family residential uses. New multi -family 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 multi -family 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- 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 barrier 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. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-162. Parking lots. Off-street parking lots may be a permissible use -by -exception in all nonresidential zoning districts where such lots are within four hundred (400) feet of the property requiring off-street parking and provided such parking lots shall also conform to the following: (a) 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. (b) No source of illumination for the parking area shall be directly visible from any window in any residence in an adjoining residential zoning district. (c) There shall be no sales, service or business activity of any kind in any parking area. (d) Parking spaces along sidewalks shall use curb stops to limit the encroachment of the parked vehicle into the pedestrian walkway. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1494 LAND DEVELOPMENT REGULATIONS § 24-163 Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles and equipment and repair of vehicles in residential zoning districts. (a) The storage and parking of commercial vehicles greater than twelve thousand five hundred (12,500) pounds gross vehicle weight and dual rear wheel vehicles 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, 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 and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot, it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence should not excessively dominate the front of the lot. (3) Recreational vehicles, travel trailers or motor homes shall not be inhabited or occupied, either temporarily or permanently, while parked or stored in any area except in a trailer park designated for such use as authorized within this chapter. (4) Recreational vehicles parked or stored on any residential Lot for a period exceeding twenty-four (24) hours shall be owned by the occupant of said lot. Supp. No. 37 1495 § 24-163 ATLANTIC BEACH CODE (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. (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. 90-10-212, § 2(Exh. A), 3-8-10) 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: (a) Lights: Lights used to illuminate any swimming pool or ornamental pool shall be arranged so as not to directly illuminate adjoining properties. (b) Setbacks: The following setbacks shall be maintained for any swimming pool, hot tub, spa or ornamental pool: (1) For swimming pools, hot tubs, spas, the front setback shall be the same as required for a residence located on the parcel where the such is to be constructed, provided, that in no case shall the pool to be located closer to a front lot 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. (2) For ornamental pools, the front setback shall be a minimum of five (5) feet. (3) Minimum required side and rear yard setbacks shall be five (5) feet from any lot line. (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in height and designed in compliance with all applicable state and local regulations. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1496 LAND DEVELOPMENT REGULATIONS § 24-167 Sec. 24-165. Service stations. The following provisions shall apply to the location, design, construction, operation and maintenance of service stations: (a) Lot dimensions. A lot containing a service station shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than two (2) street frontages of at least one hundred fifty (150) feet each and an area of at least twenty-two thousand five hundred (22,500) square feet, and an interior lot shall have a street frontage of at least one hundred (100) feet and a minimum area of fifteen thousand (15,000) square feet. (b) Access to site. Vehicular entrances or exits for service stations shall: (1) Not be provided with more than two (2) curb cuts for the first one hundred (100) feet of street frontage or fraction thereof; (2) Contain an access width along the curb line of the Street of not more than forty (40) feet as measured parallel to the street at its narrowest point, and not be located closer than one hundred (100) feet from a street intersection along any arterial or collector street and/or closer than fifty (50) feet from a street intersection on a local street or closer than ten (10) feet from adjoining property; (3) Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at both the right-of-way line and the curb or edge of the pavement along a single street. (c) Location of pumps and structures. No principal or accessory building, no sign of any type, and no gasoline pump shall be located within fifteen (15) feet of the lot line of any property that is residentially zoned. No gasoline pump shall be located within twenty (20) feet of any street right-of-way line. (d) Lighting. All lights and lighting on a service station shall be so designed and arranged so that no source of light shall be directly visible from any residential zoning district; this provision shall not be construed to prohibit interior lighted signs. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-166. Signs. Signs shall be governed as set forth within chapter 17 of this Code, signs and advertising structures. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-167. Required buffers between residential and nonresidential uses. When new development, or a change of use is proposed in any nonresidential zoning district that adjoins a lot in residential use, either to the side or to the rear, buffers as described below shall be provided. (a) Where nonresidential development is proposed adjacent to residential development, there shall be a solid masonry wall, or wood fence, shrubbery or landscaping as Supp. No. 37 1497 § 24-167 ATLANTIC BEACH CODE approved by the designated administrative official, along required rear and required side yards. Such buffer shall be a minimum of five (5) feet in height, except that within required front yards, such buffer shall be four (4) feet in height. Required buffers shall be constructed and maintained along the entire length of the adjoining lot line. (b) Where landscaping is used as the required buffer, such landscaping shall provide one hundred (100) percent opacity within twelve (12) months of installation. (c) Where a wall or fence is used, such wall or fence shall be constructed on the nonresidential property or the property line, and height of the wall or fence shall be measured from the finished grade of the nonresidential property, whether filled or not. However, in no case shall a wall exceed eight (8) feet in height as measured from the lowest side. Buffer walls and fences as required by this section may be constructed to a maximum height of eight (8) feet, subject to approval of the designated administra- tive official upon demonstration that such height is required to provide adequate buffering between uses. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-168. Land clearing, tree removal or damage to existing trees and vegetation. The removal or damage of a trees and vegetation shall be governed by chapter 23, article II. No lands shall be cleared or grubbed, and no vegetation on any development site disturbed, prior to issuance of all required approvals and development permits authorizing such clearing. Prior to the commencement of any clearing operations, erosion and sediment control best management practices shall be installed and inspected by a public works erosion and sediment control inspector. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-169, 25-170. Reserved. Sec. 24-171. Commercial corridor development standards. (a) Intent. The following additional standards and requirements shall apply to those lands within all commercial zoning districts that are located along arterial street corridors within the City of Atlantic Beach. The intent of these additional requirements is to: Enhance the aesthetic and physical appearance of these gateways into the city; enhance and retain property values; promote appropriate redevelopment of blighted areas; and to create an environment that is visually appealing and safe for pedestrians, bicycles and vehicular traffic. (b) Delineation of commercial corridors. Within the City of Atlantic Beach, commercial corridors shall be defined as the lands extending a depth of one hundred (100) feet from the outer edges of the rights-of-way along Mayport Road and Atlantic Boulevard, in those zoning districts designated as commercial general (CG), commercial limited (CL) and commercial, professional office (CPO). Supp. No. 37 1498 LAND DEVELOPMENT REGULATIONS § 24-171 (c) Building form and finish materials. The following general provisions shall apply to all development in the commercial corridors. (1) Roofs, which give the appearance of a flat roof from any street side of the building, are prohibited. Roofs may be gabled, hipped, mansard or otherwise designed so as to avoid the appearance of a flat roof from the adjoining street. (2) Open bay doors and other similar large doors providing access to work areas and storage areas shall not open towards or face the commercial corridors. (3) The exterior finish of new Buildings, and also exterior finish alterations and additions to the front and any street side, or any side visible from adjoining residential properties, of existing buildings shall be of brick, wood, stucco, decorative masonry, exterior insulation and finish systems (EIFS), architectural or split -faced type block, or other finish materials with similar appearance and texture. Metal clad, corrugated metal, plywood or oriented strand board (OSB), and exposed plain concrete block shall not be permitted as exterior finish materials on the front and any street side of a building. (4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors, windows and architectural detail, shall not be permitted. (5) Burglar bars, steel gates, metal awnings and steel -roll down curtains are prohibited on the exterior and interior of a structure when visible from any public street. Existing structures which already have burglar bars, etc., shall be brought into compliance with these provisions within a reasonable time after any change of ownership of the property, which shall not be more than ninety (90) days. (d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that externally illuminated monument signs are encouraged. (e) Lighting. Exterior lighting shall be the minimum necessary to provide security and safety. Direct lighting sources shall be shielded or recessed so that excessive light does not illuminate adjacent properties or the sky. (f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing shall be prohibited in any required front yard and in any required yard adjoining a street. (g) Landscaping and required buffers. The requirements of division 8 of this chapter shall apply, except that the following additional requirements shall also apply to new development and to redevelopment that is subject to the requirements of division 8. Required buffers and landscape materials shall be depicted on all plans submitted for review. (1) A ten -foot wide buffer shall be required along the entire parcel frontage of the commercial corridors, except for driveways. This buffer shall consist of trees as required by division 8 and shall also contain a continuous curvilinear row of evergreen shrubs not less than two (2) feet in height at installation. Buffers shall be kept free of debris and litter and shall be maintained in a healthy condition. Supp. No. 37 1499 § 24-171 ATLANTIC BEACH CODE (2) Along the front of the principal building, a six-foot wide area shall be maintained between the building and the parking area or any walkway. This area shall be use for landscaping. (3) Sod or ground cover shall be installed and maintained in a healthy condition. Only organic mulch shall be used, and the excessive use of mulch is discouraged. (4) Because of the harsh environment of the commercial corridors, the use of landscape materials that are drought and heat resistant is strongly encouraged. Unhealthy or dead landscape materials, including sod and ground covers shall be replaced within thirty (30) days of written notification from the city to the property owner. (5) Stormwater retention or detention facilities may be placed within required buffers, provided that required landscape materials are provided. (Ord. No. 90 10 212, § 2(Exh. A), 3 X 40) Sec. 24-172. Residential development standards. (a) Purpose and intent. The purpose and intent of these new regulations is to implement the goals, objectives and policies as set forth within the adopted 2015 Comprehensive Plan, restated in part below: Goal A.1 The city shall manage growth and redevelopment in a mariner, which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances coastal, environmental, natural, historic and cultural resources, and 4) maintains the city's distinct residential community character. Objective A.1.3 Maintaining residential character. The city shall encourage future develop- ment and redevelopment, which: 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach, and 2) provides for the preservation and protection of the dense tree canopy. Policy A.1.4.3 By December 31, 2005, the city shall consider amendments to its land development regulations, which include provisions intended to retain the unique community identity, the architectural character, and the residential scale of that area of the city known as Old Atlantic Beach. Policy A.1.4.4 Within Old Atlantic Beach, the city shall consider options to discourage the redevelopment of residential lots in ways that are inconsistent and incompatible with the historic and existing built environment. The diversity of residential types is recognized as an asset to this community's unique character. The purpose of these regulations is also to regulate the future use and development of land in a manner that minimizes incompatible relationships within neighborhoods that may result from new development, which because of excessive height, mass or bulk may result in new development that excessively dominates established development patterns within neigh- borhoods or excessively restricts light, air, breezes or privacy on adjacent properties. Supp. No. 37 1500 LAND DEVELOPMENT REGULATIONS § 24-172 The further intent of these regulations is to appropriately limit height and bulk and mass of residential structures in accordance with the expressed intent of the citizens of Atlantic Beach, and also to support and implement the recitals of Ordinance 90-06-195 and as more specifically enumerated below: (1) To ensure that buildings are compatible in mass and scale with those of buildings seen traditionally within the residential neighborhoods of Atlantic Beach. (2) To maintain the traditional scale of buildings as seen along the street. (3) To minimize negative visual impacts of larger new or remodeled buildings upon adjacent properties. (4) To promote access to light and air from adjacent properties. (5) To preserve and enhance the existing mature tree canopy, particularly within front yards. (b) Applicability. The development standards and provisions set forth within this section shall apply to development of single-family and two-family dwellings within that area of the city depicted by attachment a and generally referred to as Old Atlantic Beach, which for the purposes of this section shall be bounded by: Ahern Street and Sturdivant Avenue, between the beach and Seminole Road on the south; Seminole Road, extending north to 11th Street on the west; llth Street extending east to East Coast Drive, and also including Lots 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30 and 32 within Block 14 located on the north side of 11th Street and west of East Coast Drive; and East Coast Drive extending north to its terminus, then along Seminole Road to 16th Street, and 16th street extending east to the beach, with the beach being the eastern boundary of this area. Development, as used within this section, shall also include total redevelopment of lots and certain renovations and additions to single-family and two-family dwellings as set forth herein. (c) Additional residential development standards. The following standards and require- ments shall apply to that area defined in preceding subsection (b), and as further and more specifically described for each particular standard or requirement: (1) Side wall planes. To avoid stark, exterior side walls from facing the sides of adjacent residences, particularly on two-story and three-story residences, the following stan- dards shall apply to new two-story and three-story single-family and two-family dwellings; to renovations involving structural alterations or additions to the sides of existing single-family and two-family dwellings, and where a second or third -story is added to an existing single-family and two-family dwelling. a. Second and third -story exterior side walls, which exceed thirty-five (35) feet in length, shall provide horizontal offsets of at least four (4) feet, or architectural Supp. No. 37 1501 § 24-172 ATLANTIC BEACH CODE details, design elements or other features, which serve to break-up the appear- ance of the side wall, such that adjacent properties are not faced on the side by blank two -[story] or three-story walls void of any architectural design other than siding material or windows. b. Such design features may also include balconies, bay windows and other types of projecting windows or architectural details provided that these shall not extend more than twenty-four (24) inches into the required side yard, and that a minimum separation of ten (10) feet is maintained between such extensions into the required side yard and any other existing adjacent residential buildings. (2) Height to wall plate. For single-family and two-family dwellings, the maximum height to the top horizontal framing member of a wall from the first floor finished floor elevation shall not exceed twenty-two (22) feet. (3) Third floor footprint. In order to reduce the mass of taller single-family and two-family dwellings, the interior footprint of any third floor area shall not exceed fifty (50) percent of the size of the second floor interior footprint. (4) Shade trees. In order to sustain the city's existing tree canopy and to provide shade along the city's residential streets and sidewalks, one (1) shade tree shall be provided within the required front yard and an additional shade tree shall be required on the lot in a location at the property owner's discretion in accordance with the following provisions: a. This requirement shall apply to the construction of new single-family and two-family dwellings and to structural alterations of any single-family and two-family dwelling. Such required trees shall be installed prior to issuance of a certificate of occupancy oT prier to final inGpections as applicable.(The, require ments of chapter 23 of this Code shall also apply.) b. Required shade trees shall have a minimum size of four -inch caliper at the time of installation. A list of recommended tree species is available from the city. c. Credit shall be provided for the following, and additional front yard shade trees shall not be required in such cases: 1. Where healthy canopy trees exist in the required front yard, which are listed on the recommended tree list and are at least four -inch caliper; or 2. Where oak trees exist in the required front yard, which are at least six (6) feet tall; or 3. Where healthy street trees exist in the adjacent right-of-way, which are listed on the city's recommended tree list and are at least four -inch caliper. Where installation of a front yard shade tree is required, such tree shall not be planted within rights-of-way or over underground utilities. d. Similarly, credit shall be given for the second required shade tree where such tree, as described above, exists elsewhere on the lot. Supp. No. 37 1502 LAND DEVELOPMENT REGULATIONS § 24-172 (d) Special treatment of lawfully existing single-family and two-family dwellings, which would otherwise be made nonconforming by enactment of section 24-172, establishing these residential development standards. Any lawfully existing single-family or two-family dwelling, which has been constructed pursuant to properly issued building permits prior to the effective date of these residential development standards, adopted on September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a vested development, and any such single-family or two-family dwelling shall be considered a lawful permitted structure within the lot or parcel containing the vested development, and shall not be considered as a nonconforming structure with respect to the regulations contained within this section. It is further the intent of this section to clarify when these residential development standards shall apply in the case of reconstruction or redevelopment following: (1) A natural act such as a hurricane, wind, flood or fire; or (2) Redevelopment initiated by a property owner or authorized agent for a property owner. The following provisions shall be limited only to those characteristics, which would otherwise be made nonconforming from the requirements of this section, which provides residential development standards. The provisions of section 24-85 shall otherwise apply to nonconforming lots, uses and structures. a. Structures damaged or destroyed by natural acts or by any means not resulting from the actions of the property owner. Any lawfully existing single-family or two-family dwelling, which has been constructed pursuant to properly issued building permits prior to the effective date of these residential development standards, adopted on September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a vested development, and any single-family or two-family dwelling shall be considered a lawful permitted structure within the lot or parcel containing the vested development. Furthermore, an existing single-family or two-family dwelling for that particular structure, shall not be considered as a nonconforming structure such that it may be fully replaceable in its existing footprint and of the same size and architectural design, subject to all applicable building codes and other land development regulations controlling development and redevelopment of such lots or parcels. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this chapter including minimum yard requirements. b. Structures damaged, destroyed or demolished or expanded, by any means result- ing from the actions of the property owner or authorized agent for a property owner: Single-family or two-family dwellings, which are rebuilt or renovated, or expanded by more than twenty-five (25) percent in floor area, shall be subject to applicable provisions of these residential development standards for that portion of the structure that is rebuilt, renovated or expanded. Supp. No. 37 1503 § 24-172 ATLANTIC BEACH CODE (e) Requests to vary from the provisions of the residential development standards. Recog- nizing that there may be alternative means by which to achieve the purpose and intent of this section, an applicant may request a variance to provisions of this section in accordance with the procedures as set forth within section 24-64 of this chapter, except that the following shall be considered as grounds to approve such requests. (Subsections (c) and (d) of section 24-64 shall not be applicable to such requests.) Requests to vary from the provisions of the Residential Development Standards may be granted, at the discretion of the Community Development Board, upon finding that: a. The proposed development will not result in excessive height, mass or bulk that will excessively dominate the established development pattern within the neigh- borhood or excessively restricts light, air, breezes or privacy on adjacent proper- ties. b. The proposed development will be compatible and consistent with the diversity of architectural styles and building forms found in Old Atlantic Beach. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-173. Neighborhood preservation and property maintenance standards. (a) Purpose and intent. The City of Atlantic Beach is composed predominantly of older residential subdivisions and neighborhood scale commercial businesses serving these neigh- borhoods. It is in the public interest of the city to foster diverse and stable neighborhoods and to implement strategies in support of related objectives and policies as expressed within the city's adopted comprehensive plan. The purpose and intent of these regulations is to provide minimum standards for the acceptable conditions of properties and structures within the city and to assist in the implementation of the International Property Maintenance Codewhich is adopted as article VIII within chapter 6 of this Municipal Code of Ordinances. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from a street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: (1) Lots are maintained free of litter, trash, debris, discarded belongings, automotive parts and old tires, construction materials, and broken and abandoned items. (2) Dead shrubbery or landscaping is removed from lots, and where a resident is unable to maintain a lawn or landscaping, dirt or sand areas are contained in some manner so as to prevent dirt or sand from blowing or washing on to adjacent properties, the street or the city's stormwater system. (3) Broken or missing glass in windows or doors is replaced with glass, and where windows or doors are visible from the street, these are not covered with wood, fiberglass, metal, cardboard, newspaper or other similar materials, except for a temporary time period as needed to make proper repairs or to protect windows from wind-borne debris during a storm. Supp. No. 37 1504 LAND DEVELOPMENT REGULATIONS § 24-174 (4) Trim work, eaves, soffits, gutters, shutters, and decorative features are not broken and are securely attached as intended. (5) Household items of any type that are customarily intended to be used and maintained within the interior of a residence are not stored or discarded in any location on a lot that is visible from a street. Similarly, within the rear or side yards of a lot, such items are not stored in a manner or amount such that an unsightly nuisance to neighboring properties or an environment that attracts rodents, insects, or other animals and pests is created. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-174. Boats and watercraft. For the purposes of this section, the term "watercraft" shall include every type of boat or vessel or craft intended to be used or capable of being used or operated, for any purpose, on waters within the City of Atlantic Beach. These provisions shall apply to all waters over which the city has jurisdictional authority and shall not be construed to apply to waters under the sovereign control of the State of Florida, except as similarly addressed in state law. (a) Intent. The purpose and intent of this section is stated as follows: (1) To protect water quality and environmentally sensitive areas within and adjacent to the City of Atlantic Beach; (2) To protect vegetative communities, wildlife habitats and the natural functions of fisheries, wetlands and estuarine marshes; (3) To protect the rights of the public to use waterways for navigation and recreation including the temporary or overnight anchoring of boats; and (4) To prohibit the permanent mooring and storage of privately owned watercraft within tributaries and deepwater channels adjoining the intracoastal waterway in that such activity has the potential to create obstacles to safe navigation and to interfere with rights of navigation and recreational use and also to create hazards to persons and property where such watercraft may not be attended or secured during storm or hurricane events. (b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged, from any watercraft or dock any sewage, refuse, garbage, fuel or other contaminants or any waste material into waters within the City of Atlantic Beach. (c) Damage to or destruction of environmentally sensitive areas. It shall be unlawful for any person to operate, dock, moor or anchor any watercraft in a manner that causes damage or adverse impacts to any marine or water resource, wildlife habitat or other environmentally sensitive areas as defined within this chapter and as set forth within the conservation and coastal management element of the comprehensive plan. Supp. No. 37 1505 § 24-174 ATLANTIC BEACH CODE (d) Public docks and anchoring and mooring restrictions. (1) Within the waters of Tideviews Preserve and Dutton Island Preserve docking or anchoring shall be restricted to nonmotorized boats and watercraft or to those equipped only with electric trolling motors. (2) Within the waters of the River Branch Preserve, no watercraft or floating structure shall be permanently anchored or moored, or tethered to the shore in any manner, it being the express intent of the city that these natural resources of the city be held in the public trust and not used for permanent mooring or storage of privately owned watercraft. Nontrailered watercraft that are observed and documented to be within the waters of the River Branch Preserve for periods of longer than one (1) week, or for which the registered owner can provide no proof of where the watercraft is elsewhere kept, shall be presumed to be permanently kept in the preserve and shall be in violation of this Code and subject to established code enforcement action or other remedies available under applicable law. (3) No permanent mooring device shall be placed within any waters east of the right-of-way of the intracoastal waterway as delineated by the United States Army Corps of Engineers or within any of it connected creeks or tributaries. (e) Live -aboard vessels prohibited. Live -aboard vessels shall be prohibited within all waters under the jurisdictional authority of the City of Atlantic Beach. Live -aboard vessel shall mean: (1) Any vessel used solely as a residence and not for navigation; or (2) Any vessel represented as a place of business, a professional or other commercial enterprise; or (3) Any vessel for which a declaration of domicile as a legal residence has been filed pursuant to Section 327.02.222.17, Florida Statutes. A commercial fishing boat is expressly excluded from the term live -aboard vessel, and this prohibition shall not be construed to include watercraft or cruising vessels that are engaged in recreational activities or navigation and traveling along the intracoastal waterway from anchoring temporarily or overnight. (f) Private property rights. These provisions shall not be construed or enforced to diminish any lawfully established riparian rights or rights of navigation, access or view entitled to private property owners. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-175. Reserved. DIVISION 8. LANDSCAPING Sec. 24-176. Definitions. For the purposes of this division, the following terms shall have the meanings as set forth within this section. Where applicable and appropriate to the context, definitions as set forth within chapter 23 of this Code, vegetation, shall be used in conjunction with these terms and the requirements of this chapter. Supp. No. 37 1506 LAND DEVELOPMENT REGULATIONS § 24-177 Buffer shall mean the required treatment of areas between different classifications of uses or incompatible uses. Buffers may incorporate the combinations of landscaping, open space or fences. Ground cover means a low -growing herbaceous or woody plant other than turf, not over two (2) feet high, intended to cover the ground. Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs. Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants and includes required back flow prevention devices. Landscaping means any combination of living plants, native or installed, including grass, ground covers, shrubs, vines, hedges, or trees. Landscaping may also include landscape elements such as rocks, pebbles, sand, mulch, walls, or fences, trellises, arbors, pergolas or fountains provided no such landscape element has a solid roof. Mulch means organic materials customarily used in landscape design to retard erosion and retain moisture. Perimeter landscape means a continuous area of land which is required to be installed along the perimeter of a lot in which landscaping is used to provide a transition between uses and reduce adverse environmental, aesthetic, and other negative impacts between uses. Shrub means a self-supporting woody perennial plant characterized by multiple stems and branches continuous from the base naturally growing to a mature height between two (2) and twelve (12) feet. Vehicular use area (VUA) means those areas of a site to be used for off-street parking, employee parking, service drives, loading zones and access drives within property located in commercial and industrial zoning districts. Xeriscape means water conserving landscape design utilizing native or drought tolerant vegetation and water efficient irrigation systems. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-177. Applicability; requirements; buffer design standards; maintenance; protection and visibility. (a) Applicability. The provisions of this section shall apply to all new nonresidential development and multi -family development, including property in government use. The provisions of this section shall also apply when the total cost of alteration, expansion or renovation of existing such development is equal to or exceeds twenty-five (25) percent of the current assessed value of the parcel improvements, or when the total square footage of a structure is expanded by more than twenty-five (25) percent as well as when any cumulative expansions total more than twenty-five (25) percent. Construction costs shall be determined in accordance with the building evaluation data sheet as established by the Standard Building Code Council International. Supp. No. 37 1507 § 24-177 ATLANTIC BEACH CODE (b) Landscape plan required. (1) Prior to the issuance of any development permit for nonresidential development and multi -family development, a landscape plan shall be approved by the community development director. For development sites greater than two (2) acres in size, a landscape plan shall be submitted with preliminary site plans as required by subsection 24-167(c). The landscape plan shall be prepared by either the owner or a licensed, registered Landscape architect, bearing his seal, or shall be otherwise prepared by persons authorized to prepare landscape plans or drawings pursuant to Chapter 481, Part II, Florida Statutes (landscape architecture). (2) The required landscape plan shall be drawn to scale, including dimensions and distances, and shall: a. Delineate the vehicular use areas, access aisles, driveways, and similar features; b. Indicate the location of sprinklers or water outlets and back flow prevention devices; c. Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this part. The use of xeriscape landscape materials and methods is strongly encouraged; d. Identify and describe the location and characteristics of all other landscape materials to be used; e. Show all landscape features, including areas of vegetation required to be preserved by law, in context with the location and outline of existing and proposed uuiiu.ings and ocher improvements upon the site, it any; f. Include a tabulation clearly displaying the relevant statistical information necessary for the director to evaluate compliance with the provisions of this part. This includes gross acreage, square footage of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and such other information as the director may require; and Indicate all overhead and underground utilities located on the property and in the right-of-way adjacent to the property to which the landscape plan applies. This shall include overhead and underground electric service lines to all proposed buildings. g. (c) Vehicular use area interior landscaping requirements. (1) Vehicular use areas open to the public. Ten (10) percent of vehicular use areas (VUAs) used for off-street parking, employee parking, auto service stations, service drives, and access drives within property located within commercial and industrial zoning districts shall be landscaped. Supp. No. 37 1508 LAND DEVELOPMENT REGULATIONS § 24-177 (2) Specialized vehicular use areas closed to the public. Five (5) percent of VUAs used for storage areas for new, used or rental vehicles and boats; motor vehicle service facilities; motor freight terminals; and other transportation, warehousing and truck operations not generally open to the public shall be landscaped. (3) Criteria for distribution. Landscape areas shall be distributed throughout the VUA in such a manner as to provide visual relief from broad expanses of pavement and at strategic points to channel and define vehicular and pedestrian circulation. Landscape areas shall contain the following: a. At least twenty-five (25) percent of the Landscape areas shall be covered with shrubs; the remainder in shrubs, groundcover, mulch or grass. Shrubs shall be spaced on three-foot spacing. Not less than one (1) tree for every four thousand (4,000) square feet of the VUA. b. (4) Each row of parking spaces shall be terminated by a landscape island with inside dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) feet long if a double row of parking. Each terminal island shall contain one (1) tree. Each side of the terminal island adjacent to a travel lane shall have a continuous six-inch high curb of concrete or other appropriate permanent material. The use of depressed rain gardens or bioswales in parking lot landscaping is strongly encouraged. Curb stops, rather than continuous curb, may be used to allow runoff to flow to the landscaped area. (5) If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area near the perimeter of the VUA or adjacent to the building on the property, so long as the landscape area is within twenty (20) feet of the perimeter of the VUA. (d) Perimeter landscaping requirements. (1) Street frontage landscaping. All VUA that are not entirely screened by an intervening building from any abutting dedicated public street or approved private street, to the extent such areas are not so screened, shall contain the following: a. A landscape area of not less than ten (10) square feet for each linear foot of VUA street frontage, fifty (50) percent of which shall be at least a five -foot -wide strip abutting the street right-of-way except for driveways. The remaining required landscape area shall be located within twenty-five (25) feet of the street right-of-way. b. A durable opaque landscape screen along at least seventy-five (75) percent of the street frontage, excluding driveways. Shrubs, walls, fences, earth mounds and preserved existing under -story vegetation, or combination thereof, may be used so long as the screen is no less than three (3) feet high measured from the property line grade. Walls or fences shall be no more than four (4) feet in height Supp. No. 37 1509 § 24-177 ATLANTIC BEACH CODE and of wood or masonry at least eighty-five (85) percent opaque. Earth mounds shall not exceed a slope of three (3) to one (1). No less than twenty-five (25) percent of street side frontage of walls or fences shall be landscaped with shrubs or vines. c. No less than one (1) tree, located within twenty-five (25) feet of the street right-of-way, for each fifty (50) linear feet, or fraction thereof, of VUA street frontage. The trees may be clustered, but shall be no more than seventy-five (75) feet apart. If an overhead power line abuts the street frontage, then the required trees reaching a mature height greater than twenty-five (25) feet shall be located at least fifteen (15) [feet] away from the power line. d. The remainder of the landscape area shall be landscaped with trees, shrubs, ground covers, grass, or mulch. e. Landscape areas required by this section shall not be used to satisfy the interior landscape requirements; however, the gross area of the perimeter landscaping which exceeds the minimum requirements may be used to satisfy the interior landscape requirements. f. If a utility right-of-way separates the VUA from the public street or approved private street, the perimeter landscaping requirements of this section shall still apply. (2) Perimeter landscaping adjacent to lot lines. All vehicular use areas that are not entirely screened by an intervening building from an abutting property, to the extent such areas are not screened, shall contain the following: a. A continuous landscape area at least five (5) feet wide between the VUAs and the abutting property, landscaped with shrubs, ground covers, preserved existing vegetation, mulch and grass. b. No less than one (1) tree, located within twenty-five (25) feet of the outside edge of the VUA, for every fifty (50) linear feet, or fraction thereof, of the distance the VUA abuts the adjacent property. Trees may be clustered, but shall be no more than seventy-five (75) feet apart. c. A buffer wall between incompatible land uses as required by subsection (g), if applicable. d. If an alley separates the VUA from the abutting property, the perimeter landscaping requirements shall still apply. (3) Existing landscape screen. If an existing landscape screen has been established on abutting property, then it may be used to satisfy the requirements of this section, so long as the existing landscape screen is abutting the common lot line, and it meets all applicable standards of this section. (4) Driveways to streets. The maximum width of any driveway not containing a landscaped island through the perimeter landscape area shall be thirty-six (36) feet. The maximum width of any driveway containing a landscaped island through the perim- Supp. No. 37 1510 LAND DEVELOPMENT REGULATIONS § 24-177 eter landscape area shall be forty-eight (48) feet and the driveway shall contain a landscaped island which measures not less than eight (8) feet in width (from back of curb to back of curb), surrounded by a six-inch continuous raised curb, or other alternative approved by the director. In no event shall more than fifty (50) percent of any street frontage be paved, nor shall the provisions of this section be applied to reduce the permitted driveway width to less than twenty-four (24) feet. (5) Driveways to adjoining lots. Driveways may be permitted by the community develop- ment director to adjoining lots of compatible use. (6) If a joint driveway easement is provided between adjacent property, then the required perimeter landscaping for each property shall be provided between the drive and any other vehicular use areas. (7) If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area. (e) Buffers required between incompatible or different use classifications. (1) Where incompatible or different Use classifications are adjacent, without an interven- ing street, a buffer strip shall be required between such uses. Such buffer strip shall be at least ten (10) feet in width the entire length of all such common lot lines and shall be required in the following circumstances: a. Multiple -family dwelling use or zoning districts, three (3) or more attached units when adjacent to single-family dwelling(s) or lands zoned for single-family dwelling. b. Office use or zoning districts, when adjacent to single-family or multiple -family dwellings, mobile home parks or subdivisions or lands zoned for single-family or multiple -family dwellings, mobile home parks or subdivisions. c. Mobile home park use or zoning districts, when adjacent to single-family dwellings, multiple -family dwellings and office uses, or lands zoned for single- family dwellings, multiple -family dwellings or offices. d. Commercial and institutional uses or zoning districts, when adjacent to single- family dwellings, multi -family dwellings or mobile home parks or mobile home subdivision uses or lands zoned for single-family dwellings, multi -family dwell- ings or mobile home parks or mobile home subdivisions. e. Industrial uses or zoning districts, when adjacent to any nonindustrial uses or zoning districts other than agricultural land uses or zoning districts. (2) Required buffers shall at a minimum contain the following landscape materials: a. Trees. The total tree count required within the buffer strip shall be one (1) tree for each twenty-five (25) linear feet of required buffer strip, or majority portion thereof. Supp. No. 37 1511 § 24-177 ATLANTIC BEACH CODE b. Ground cover. Grass or other ground cover shall be planted on all areas of the buffer strip. c. Visual screen. A visual screen running the entire length of common boiundaries shall be installed within the buffer strip, except at permitted access ways. The visual screen may be a wood or masonry wall, landscaping, earth mounds or combination thereof. Earth mounds shall not exceed a slope of three (3) to one (1). If a visual screen which satisfies all applicable standards exists on adjacent property abutting the property line or exists between the proposed development on the site and the common property line, then it may be used to satisfy the visual screen requirements. d. Prevailing requirement. Whenever parcels are subject to both the perimeter landscaping requirements and buffer strip requirements of the article, the latter requirements shall prevail. e. Hardship. If the community development director determines that the construc- tion of a landscape buffer area required by this section shall create an unreason- able hardship, the director may approve a buffer area with a width no less than five (5) feet, provided such buffer area meets the visual screening requirements of this section. (3) The required buffer strip shall not be used for principal or accessory uses and structures, vehicular use areas, dumpster pads, signs, equipment, or storage. (f) Landscape design standards. (1) Minimum tree requirements shall comply with subsection 23-17(c). (2) A minimum of fifty (50) percent of all required trees shall be shade trees. (3) Trees required for vehicular use area landscaping may be used to fulfill the tree requirements of this section. (4) Standards for landscape materials. a. Plants and trees shall meet the criteria of chapter 23, subsection 23-17(e)(2)a. b. Fifty (50) percent of the trees may be nonshade trees or trees with a mature canopy of fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten (10) feet overall height. Trees shall not be planted closer than two (2) feet from any pavement edge or right-of-way line, as measured from center of trunk. Shade trees shall not be planted closer than four (4) feet from any pavement edge or right-of-way line, as measured from center of trunk. c. Palms may be substituted for the required trees at the ratio of two (2) palms for each required tree or four (4) palms for each required shade tree. Palms shall be a minimum clear trunk height of eight (8) feet, measured from the ground level to the base of the palm. Supp. No. 37 1512 LAND DEVELOPMENT REGULATIONS § 24-185 d. Criteria for shrubs, vines and ground covers. Hedges and shrubs used to form an opaque screen shall be no less than a three -gallon container [of] grown material or equivalent balled and burlap material. e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid sod shall be used on grass areas within street rights-of-way disturbed by construction, in swales, on slopes of four (4) to one (1) or greater, and on other areas subject to erosion. When permanent seed is sown during its dormant season, an annual winter grass shall also be sown for immediate effect and protection until permanent coverage is achieved. f. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead leaves and pine straw, shall be applied and maintained in all tree, shrub, and ground cover planting areas and bare preserved natural areas. General cleanup. At the completion of work, construction trash and debris shall be removed and disturbed areas shall be fine -graded and landscaped with shrubs, ground cover, grass or two (2) inches of mulch. g. (g) Maintenance and protection of landscaping. (1) Maintenance. The property owner shall be responsible for the maintenance of all landscaped areas, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, free of refuse, debris and weeds. Failure to maintain required landscape areas or to replace within thirty (30) days all required landscaping which is dead, irreparably damaged, or fails to meet the standards of this section, shall be deemed a violation of these land development regulations and subject to code enforcement procedures. (2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system. Irrigation systems shall include moisture or rain sensors. (3) Tree pruning. Required trees shall be allowed to develop into their natural habit of growth. Trees may be pruned to maintain health and vigor by removal of dead, weak, damaged or crowded limbs, diseased and insect -infested limbs, and branches which rub other branches. (h) Intersection visibility. Where an access way intersects with another access way within a vehicular use area, or where an access way is located within a vehicular use area, or where an access way intersects with a street right-of-way, cross visibility within the sight triangle, as defined in this chapter shall be unobstructed at a level between two (2) and eight (8) feet, above elevation of adjacent pavement. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-178-24-185. Reserved. Supp. No. 37 1513 § 24-186 ATLANTIC BEACH CODE ARTICLE IV. SUBDIVISION AND SITE IMPROVEMENT REGULATIONS DIVISION 1. GENERALLY Sec. 24-186. Purpose and intent. As of the March 8, 2010, effective date of this amendment to the land development regulations all areas of the city suitable for development have been previously platted. As such, the primary purpose of this article is to provide procedures for changes to previously recorded subdivisions (replats) and conditions for the division of existing lots, and to establish development standards and requirements for new development or redevelopment within the city. The provisions set forth within this article shall be construed as the design and development standards for all new development and redevelopment within the city. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-187. Subdivision and subdivision improvements defined. (a) Subdivision defined. For the purposes of this article, subdivision shall mean the division of land into three (3) or more lots or parcels, which may include establishment of new streets and alleys, stormwater facilities, infrastructure including, but not limited to, water, sewer, and utilities. The term subdivision shall also include changes to previously recorded plats, replats and the division of previously recorded subdivisions when three (3) or more lots or parcels are created, and when appropriate to the context, subdivision also relates to the process developing land. (b) i£ncprovemeuis defined. For the purposes of this article, subdivision improvements may include, but shall not be limited to street pavements, curbs and gutters, sidewalks, driveways, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs, street lights, landscaping, permanent reference monuments (PRMs), permanent control points (PCPs), monuments, or any other improvement as may be required by the city commission or these land development regulations. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-188. Requirements for approval and recording of a final subdivision plat or a replat. (a) No building permits shall be issued for any land that has been divided, or any lot that has been created, except in compliance with the requirements of division 2 of this article and the requirements of Chapter 177, Part I, Florida Statutes. Approval of a final subdivision plat or a replat shall be required when any of the following conditions result from the division of land. (1) The division of any land will create three (3) or more contiguous lots or parcels. Supp. No. 37 1514 LAND DEVELOPMENT REGULATIONS § 24-191 (2) The division of land, or the change to a previously recorded plat, platted lot or lot of record, will alter an access point, other than a private driveway, change a street as shown on a recorded plat, or change any area dedicated for shared public use, recreation, open space, buffering, easement or designated preservation area. (Ord. No. 90-10-212, § 2(Exh A), 3-8-10) Sec. 24-189. Exemptions from the requirement for approval and recording of a final subdivision plat or replat. (a) Building permits may be issued following divisions of land without the need for approval of a final subdivision plat or a replat only in accordance with each the following provisions: (1) The division results in no more than two (2) contiguous lots or parcels. (2) The resultant new lots, comply with the minimum lot area, width and depth, and access requirements of the applicable zoning district, the comprehensive plan and all other applicable requirements of these land development regulations. (3) The division and the resultant new lots shall not create any nonconforming structures or any other nonconforming characteristic. (4) Approval by the designated administrative official of a certified survey depicting the proposed new lots verifying compliance with the above requirements. Such certified survey shall be submitted to the city and approved prior to recording of a deed for transfer of ownership of lands, and shall be recorded as an addendum to the deed. It shall be the responsibility of the property owner(s) to provide evidence of the approved certified survey along with any application for building permits. (b) Townhouses and residential dwellings held in fee -simple ownership. Townhouses and two-family dwellings, when divided in ownership, shall not constitute a division of lands requiring approval of a final subdivision plat or a replat, provided that such dwellings are otherwise in compliance with these land development regulations and the comprehensive plan. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-190. Multiple lots and parcels treated as a single development parcel. In the case where more than one (1) parcel, platted lot or lot of record has been combined and developed as a single development parcel, such lots shall not later be developed as a single lot, unless all requirements for development as a single lot shall be met including, but not limited to, impervious surface area limitations and provision of all required yards for all structures. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-191. Waiver. (a) General. Where the city commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this article, the city commission may approve a waiver to the requirements of this article if the waiver serves the public interest. Supp. No. 37 1515 § 24-191 ATLANTIC BEACH CODE (b) Conditions of waiver. An applicant seeking a waiver shall submit to the city commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The city commission shall not approve a waiver unless it determines as follows: (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the applicant if the strict letter of the article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the applicant. (4) The waiver is consistent with the intent and purpose of this chapter, the comprehen- sive plan and the requirements of this article. If the city commission approves a waiver, the city commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this article. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-192. Vacation of previously recorded subdivision plats. An applicant may apply for the vacation of a recorded plat, or a portion of a plat by written application to which a copy of the plat shall be attached requesting the same to be vacated. Vacation of plats shall require approval by resolution of the city commission, and such vacation shall be approved only in accordance with Chapter 177.101, Florida Statutes. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-193-24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. (a) Unlawful division of land. It shall be unlawful for any person to submit a plat, replat, or certified survey as required by section 24-189, for the subdivision of land to the clerk of the Circuit Court of Duval County for the purpose of recording said plat in the Official Records of Duval County until the plat or replat has been approved in accordance with the provisions of this article. In the event that an unapproved final subdivision plat, replat, certified survey as required by section 24-189, or any division of land, is recorded, no building permit or other type of permit authorizing any development shall be issued until such division is approved in accordance with the requirements of this article. (b) Applicability. The procedures of this division apply to new plats, replats or any change to a previously recorded subdivision plat. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1516 LAND DEVELOPMENT REGULATIONS § 24-203 Sec. 24-202. Review and approval procedure. The requirements of each of the following reviews shall be met prior to the recording or re -cording of a final subdivision or an amended plat prior to the issuance of any building permit within lands encompassed by the plat. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-203. Review of proposed plat or changes to a previously recorded plat. (a) A proposed plat shall be drawn at a clear and legible scale and shall be prepared in accordance with the requirements of Section 177.091, Florida Statutes, and shall further demonstrate compliance with this article and applicable requirements of these land develop- ment regulations. The following information shall be depicted upon proposed new plats and as required by the city for changes to previously recorded plats in accordance with the type of change requested: (1) Title block. The title or name of the proposed subdivision; the name and address of the owner of the tract proposed for development, and the name and address of the engineer and surveyor engaged to prepare and design the proposed plat. (2) Legend. Date, scale of plat, north arrow, zoning district designation, total number of lots and minimum lot size. (3) Legal description. A full and detailed legal description of the lands to be platted and approximate acreage. (4) Vicinity map. A vicinity map, at scale, depicting the proposed subdivision in relation to the abutting land uses and streets. (5) Abutting subdivisions. All contiguous properties shall be identified by subdivision title, plat book and page number, or if un -platted, the adjacent land shall be so designated. (6) The location and proposed name of streets, right-of-way and pavement widths, both within and immediately contiguous to the lands included in the plat. (7) Existing and proposed public or private open space, buffers, natural and man-made lakes, waterways, water bodies, wetlands and environmentally sensitive lands. (8) Existing and proposed public and private easements shall be shown on the plat. The purpose for the easement shall be noted on the plat. (9) Parks and recreation dedication. Lands and approximate acreage to be dedicated pursuant to the requirements of section 24-256 of this article. (10) Dedications and reservations of all tracts and parcels of land proposed to be dedicated or reserved for public use, including rights-of-way, roads, easements, parks, sidewalks, bike or pedestrian trails. (11) Proposed lot lines, with approximate dimensions and lot numbers, shall be shown. (12) Contour intervals of one (1) foot, except where determined to be unreasonable or unnecessary by the designated administrative official. Supp. No. 37 1517 § 24-203 ATLANTIC BEACH CODE (b) Preliminary engineering drawings. Five (5) copies of preliminary engineering drawings shall be submitted for distribution and review by appropriate city departments. Preliminary engineering drawings shall depict the general location of the following: (1) Water system lines and support facilities. (2) Sewer system lines, any lift stations and support facilities. (3) Stormwater and drainage facilities, Easements and other such features. (4) Any bulkheads. (5) Street profiles. (6) Sidewalks, bicycle paths and pedestrian paths. (7) Excavation and fill areas including any impacted wetlands. (c) Review process. Upon receipt of a complete and proper application for the proposed plat, copies shall be distributed to appropriate departments for review and comment. Review comments shall be provided to the applicant in writing within fifteen (15) days of receipt of the complete and proper application. Upon completion of review by city departments and verification that the proposed plat is in general compliance with applicable land development regulations, the proposed plat shall be placed on the agenda of the next meeting of the community development board for consideration and recommendation. The community development director shall provide to the community development board all relevant infor- mation concerning the proposed plat including any outstanding comments from all reviewing departments, officials or agencies. The community development board shall make a recom- mendation to the city commission to approve the application, deny the application, or approve the An 1ientinn �pet � to s €coed t,��: ed upon the requirements vf these Lord development regulations, the comprehensive plan and other conditions which may be unique to the land encompassed by the proposed plat. (d) Time limit. The recommendation of the community development board shall remain valid for twelve (12) months. If the applicant has failed to obtain subdivision plat approval within twelve (12) months re-application in accordance with the provisions of this article shall be required. (e) It shall be unlawful to construct any Improvement without approval of a final subdivision plat or replat and issuance of a valid building permit authorizing development. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-204. Proposed plat review and approval. (a) Purpose and intent. The purpose of the proposed final subdivision plat review is to ensure that the proposed final subdivision plat meets all requirements of Chapter 177, Part I, Florida Statutes, all requirements of these land development regulations and other applicable regulations prior to approval by the city commission and prior to recording. Supp. No. 37 1518 LAND DEVELOPMENT REGULATIONS § 24-204 (b) Information required for review. (1) Final subdivision plat review. Copies of the proposed final plat in the number as requested on the application form shall be submitted to the city and shall be prepared in accordance with the design standards and requirements established in these land development regulations and Part I, and Chapter 177, Florida Statutes, as may be amended. (2) The final subdivision plat shall be prepared by a registered land surveyor in accordance with the requirements of Section 177.091, Florida Statutes and shall be clearly and legibly drawn in black permanent drawing ink. The final subdivision plat shall be drawn on eighteen (18) by twenty-six (26) inch mylar or as required for recording in the official records of Duval County. The final subdivision plat may be on several sheets, and each sheet shall contain an index delineating that portion of the subdivision shown on that sheet in relation to the entire subdivision. The final subdivision plat shall be at the same scale and in the same format as the proposed plat. The final subdivision plat shall contain sufficient data to readily determine and accurately locate on the ground the location, bearing and length of every right-of-way line, lot line, easement boundary line and black line, including the radii, arcs and central angles of all curves. The following shall also be included: a. Boundary survey and title certification as required by Section 177.041, Florida Statutes. b. Name of new subdivisions and replats. As required by Section 177.051, Florida Statutes, every new final subdivision plat, and any section, unit or phase therein, as well as any replat of a previously recorded final subdivision plat, shall be given a name by which the subdivision shall be legally known. c. Every final subdivision plat shall be prepared, signed and sealed by a registered land surveyor as required by Section 177.061, Florida Statutes. d. Dedication of improvements. All public improvements or property designated for public purpose on any final subdivision plat including, but not limited to, all streets, alleys, easements, rights-of-way, parks, recreation amenities, open space, buffers and protected areas shall be expressly dedicated on the face of the final subdivision plat. In addition, the final subdivision plat shall contain a statement of dedication to the city, other appropriate government units or public utilities for all water lines, sewer lines, pumping stations, electrical power lines, fiber optic, digital or cable television lines, gas lines and any other public utility service lines and appurtenances located within the tract prior to recording. e. Any special conditions, including building restriction lines that may exceed the zoning district minimum yard requirements or other unique requirements shall be noted on the final plat. Supp. No. 37 1519 § 24-204 ATLANTIC BEACH CODE f. If required, assurance for the performance of construction, completion; mainte- nance and warranty of all improvements shall be submitted as set forth within division 4 of this article. (3) Approval or denial by city commission. Upon receipt of all required information, the community development director shall, within thirty (30) days, schedule the final subdivision plat for public hearing before the city commission. The community development director shall forward all relevant information to the city commission for its consideration. The city commission, after considering all comments shall approve, deny or approve subject to specified conditions, the final plat for recording, based upon compliance with the required certifications and security requirements and with the other requirements and provisions of this article and other applicable policies, ordinances, laws and regulations. If substantial changes to lot, block or street layout or lot sizes occur at any time after the consideration by the community development board, another review by that board shall be conducted prior to submittal of the final subdivision plat to the city commission for final action. (4) Signing, recording, and acceptance. Upon approval by the city commission, said plat shall be signed by the mayor and recorded under the applicable provisions of Chapter 177, Florida Statutes. Acceptance of the final plat shall be deemed provisional acceptance by the city of public improvements and other public areas dedicated to the city. Final acceptance of all public improvements shall occur upon the submission to the city commission of a valid certificate of completion as provided for in section 24-235 of this chapter. The acceptance of dedications for public purpose shall be affixed to the face of the plat. Four (4) copies of the recorded final subdivision plat shall be provided to the city. (Ord. No. 90-10-212. § 2(Exh_ Al; 3-8-10) Secs. 24-205--24-220. Reserved. DIVISION 3. REQUIRED IMPROVEMENTS Sec. 24-221. Generally. All new development and redevelopment, including areas of previously approved subdivi- sions platted but not developed, shall contain improvements designed and constructed according to the requirements and specifications of this article, the comprehensive plan, and applicable policies, regulations and ordinances of the city and laws of the State of Florida. Where development contains or impacts previously existing streets used to access the development, or impacts stormwater and utility facilities that do not meet the requirements of current development standards, the applicant shall be required to improve such substandard facilities contained within or used by the development or redevelopment project to current Supp. No. 37 1520 LAND DEVELOPMENT REGULATIONS § 24-230 standards, unless specifically exempted herein. It is the intent of the city that new develop- ment shall make improvements to substandard facilities to the extent that the development impacts such facilities. The following services and facilities shall be required improvements: (a) Streets designed and constructed according to the standards and requirements of this article. (b) Sidewalks designed and constructed according to the standards and requirements of this article. (c) Approved street signs with block or address range numbers as provided for in chapter 6 of this Code, markers, traffic signs and signals to control and circulate traffic within the subdivision in accordance with the Florida Uniform Manual of Traffic Control Devices, as published by the Florida Department of Transportation. (d) Drainage and stormwater management facilities designed and constructed according to the standards and requirements of this article. The term "drainage," where appropriate, shall include, but not be limited to, swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention basins, cross drains and canals. (e) A sanitary sewer system or an approved individual sewage disposal system in the absence of access to a central sewer system, based on the requirements of the State of Florida regulating the sanitary facilities for subdivisions, the provisions of this article or other applicable policies, laws, ordinances and regulations. (See section 24-260.) (f) A centralized water system, unless an individual water supply system is permitted, based upon the required standards of the State of Florida, the provisions of this article and other applicable policies, laws, ordinances and regulations. (g) Parks and recreation dedication, as specified in section 24-256 of this article. (h) Electric, telephone, gas and other utilities shall be constructed underground as specified in this article and shall be designed so as to minimize obstruction of pedestrian and vehicular traffic circulation. (i) Such other improvements as deemed necessary to comply with the requirements of this article and to protect the public health, safety and welfare because of topography or other conditions unique to the land. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-222-24-230. Reserved. Supp. No. 37 1521 § 24-231 ATLANTIC BEACH CODE DIVISION 4. ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS Sec. 24-231. Commencement of construction. Construction of the required improvements within a subdivision may begin upon issuance of a building permit. Further, such construction may commence only after recording of the final subdivision plat, and only after any required performance bonds or other assurances are secured. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-232. Performance security. (a) The final subdivision plat shall be certified by the developer and countersigned by the designated administrative official verifying that the developer has complied with one (1) of the following alternatives: (1) Cash deposit. The developer shall deposit with the city or place in an account subject to the control of the city, cash in the full amount of the total sum of engineering and construction costs for the installation and completion of the required improvements. The developer shall be entitled to secure draws from such deposits or account as installation progresses at stages of construction established by the designated admin- istrative official, but not more frequently than monthly. A draw from the cash deposit or account shall be made only within thirty (30) days after the developer's engineer has certified to the city that the cost of improvements installed equals or exceeds the amount of the draw requested plus any previous draws made and the designated administrative official has inspected the improvement and authorized the draw. The city commission shall have the right to reduce the amount of any requested draw to an amount justified based upon his inspection of the improvements and shall also have the right to refuse to approve any requested draw so long as the developer fails to be in compliance with any of the terms and conditions of the plat or plans and specifications for the improvements. The developer shall be entitled to receive any interest earned on the deposit or account. The city, after sixty (60) days' written notice to the developer, shall have the right to use the cash deposit or account for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required by the resolution approving the final subdivision plat and after any extensions granted have expired. (2) Personal bond with letter of credit. The developer shall furnish to the city his personal bond secured by an unconditional and irrevocable letter of credit in an amount equal to the total of engineering and construction costs for the installation and completion of the required improvements, which letter of credit shall be issued by a state or United States banking institution to the city. The letter of credit shall be in the form approved by the city attorney. During the process of construction, the city commission may reduce the dollar amount of the personal bond and letter of credit on the basis of work completed. The city, after sixty-day written notice to the developer, shall have the right Supp. No. 37 1522 LAND DEVELOPMENT REGULATIONS § 24-233 to use any funds resulting from drafts on the letter of credit for the completion of the improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by the resolution approving the final subdivision plat or after any extensions granted have expired. (3) Surety bond. The developer shall furnish to the city a surety bond in the form and by a surety approved by the city attorney guaranteeing that within the time required by the resolution approving the final subdivision plat, all work required shall be completed in full accordance with the final subdivision plat and all conditions attached thereto, copies of which shall be attached to and constitute a part of the bond agreement. The bond shall be in an amount equal to one hundred (100) percent of the sum of engineering and construction costs. During the process of construction, the designated administrative official may reduce the dollar amount of the bond on the basis of work completed. The city, after sixty (60) days' written notice to the developer, shall have the right to bring action or suit on the surety bond for the completion of the improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by the resolution approving the final subdivision plat and after any extensions granted have expired. (4) Any other form of security must be approved in writing by the city manager in consultation with the city attorney. (b) A developer may extend, renew or substitute collateral described in subsections (1), (2), or (3) above, one (1) or more times; provided, that no extension or renewal thereof, or substitute thereof, shall have a maturity or expiration date later than the established time for completion of improvements. The time for completion of improvements shall be as specified within the resolution approving the plat, or such later time as may be approved by the city commission; provided, that if the collateral securing the completion of improvements has a maturity or expiration date shorter than the time for completion, the time for completion shall be deemed to expire upon failure of the developer to extend, renew or provide substitute collateral for such collateral at least ten (10) days before the maturity or expiration date, unless a later time is approved by the city commission. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-233. Maintenance security. Where the city is requested to accept maintenance of any public improvement within the subdivision, a maintenance bond in the amount of one hundred (100) percent of the construction cost of the improvements shall be filed with the city. Such bond shall provide that the city shall be indemnified if the developer does not replace or repair any public improve- ments, which are defective in materials or workmanship or which were not constructed in compliance with the approved construction plans. The terms of the maintenance bond shall expire one (1) year after acceptance for maintenance by the city unless the city serves written Supp. No. 37 1523 § 24-233 ATLANTIC BEACH CODE notice to the developer that the improvements are defective in material or workmanship or were not constructed in compliance with the approved construction plans within the one (1) year. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-234. Inspections. (a) As Improvements are being constructed within the subdivision, the building official and authorized staff or consulting engineer shall have the right to inspect improvements. The building official or authorized representative shall be specifically notified of the commence- ment and completion of all of the following: (1) Clearing and grubbing. (2) All utilities prior to backfilling. (3) All concrete structures when steel is in place prior to pouring. (4) Stabilized sub -grade. (5) Curb and concrete work. (6) Roadway base. (7) Wearing surface during application. (b) The failure to notify the building official of the commencement and completion of the construction may be good cause for the refusal to issue a certificate of completion. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-235. Issuance of certificate of completion. Upon completion of construction of all required improvements, the developer shall provide the building official the following: (a) A letter stipulating that the construction of the improvements has been completed and requesting final inspection and approval. (b) The testing reports and certificates of compliance from material suppliers specified in this article. (c) Three (3) sets of as -built construction plans and electronic as -built drawings in AutoCAD 2000 (or newer) or comparable format. (d) Certification from a registered engineer, with his seal affixed, that the improvements have been constructed in conformity with the approved construction plans. (e) Upon receipt and review of the above items, and after satisfactory final inspection, a certificate of completion shall be issued by the building official. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-236-24-250. Reserved. Supp. No. 37 1524 LAND DEVELOPMENT REGULATIONS § 24-251 DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS Sec. 24-251. General requirements. All required improvements shall be designed by a Florida registered professional engineer. Construction plans shall be prepared in accordance with applicable local, state and federal standards. Construction plans shall be approved by the city prior to construction of improve- ments, and issuance of a building permit shall constitute approval to commence development. The requirements within this division shall apply to all improvements and all development, as set forth herein, including improvements within subdivisions, planned unit developments, approved site plans, and any other development projects, including individual lots and parcels, where applicable. Construction plans shall address each of the following requirements and shall provide sufficient information to demonstrate compliance with all applicable require- ments of these land development regulations, the Florida Building Code and any other applicable state or federal regulations. (a) Conformity to city policies. The division and development of land subject to these regulations shall be in conformance with the goals, objectives and policies of the comprehensive plan as well as all other applicable local, state and federal require- ments regulating the division and development of land. (b) Use of natural features. The arrangement of Lots and blocks and the street system shall make the most advantageous use of topography, shall preserve mature trees, other natural features and environmentally sensitive areas, wherever possible. (c) Soil and flood hazards. A final subdivision plat shall not be approved unless all land intended for use as building sites can be safely and reasonably used for building purposes without danger from flood or other inundation, or from adverse soil or foundation conditions, or from any other menace to health, safety or public welfare. In particular, lands that are within the 100 -year flood -prone areas, as designated by the Federal Emergency Management Agency, Federal Insurance Administration, shall not be subdivided and developed until proper provisions are made for protective flood control measures and stormwater management facilities necessary for flood -free access to the sites. All lots and building sites shall be developed such that habitable space is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean sea level or with two and one-half (2.5) feet freeboard, whichever is greater. Flood protection provisions shall be approved by the designated administrative official to assure that fill or grade level changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality. (d) General construction methods. All design and construction methods shall conform to the requirements of these land development regulations and all design and construc- tion standards referenced therein including, but not limited to: Florida Department of Supp. No. 37 1525 § 24-251 ATLANTIC BEACH CODE Transportation Drainage Design Manual, Standard Specifications for Road and Bridge Construction, Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and Highways. (e) Paving and drainage engineering plans shall demonstrate compliance with the stormwater management provisions of section 24-66 of these land development regulations depicting all necessary elevations, treatment of intersections, design grade of pavement, the width of right-of-way, width and type of pavement. Topographic information depicting existing and proposed ditches, swales, major drainage channels and other drainage facilities and systems shall also be provided. (1) Typical sections showing details of proposed pavement, sidewalk, wearing sur- faces, curbs, swales, canals, shoulders, slopes, drainage structures and other items of major construction. (2) Profile sheets of all Streets and underground structures to be constructed, together with elevations shown for existing streets and utilities. (3) A written design recommendation for asphalt and base course designs prepared by a Florida licensed geotechnical engineer based on field testing of existing soils. Said design recommendation shall be submitted prior to the commencement of any street construction or any construction of stormwater management facilities. (4) Provision for erosion control. Siltation curtains, or other such erosion control barriers will be required to prevent erosion and displacement of soil or sand, and shall be shown on paving and drainage engineering plans, and shall be inspected and certified by a qualified erosion and sediment control inspector prior to the commencement of any land clearing or development. viu. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-252. Streets. (a) Concept and principles. The character, width, grade and location of all streets and bridges shall conform to the standards of this division and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by the streets. (b) Arrangement of streets. The arrangement of new streets within a subdivision or new development project shall: (1) Conform with the transportation element of the comprehensive plan. (2) Be interconnected with the existing street system so as to provide for vehicular connections between neighborhoods. (3) New local streets shall be designed in a manner, which discourages use by through traffic. Supp. No. 37 1526 LAND DEVELOPMENT REGULATIONS § 24-252 (c) Access to paved streets required. Every lot, development parcel or new subdivision shall have access to a paved street dedicated to public use, which has been accepted and maintained by the city. It shall be the responsibility of the developer to design, construct and pave streets in accordance with the requirements of division 5 of this article. A certificate of completion shall be issued prior to acceptance of any public street by the city and prior to the issuance of any building permit to develop individual lots or parcels. (1) Any subdivision of land, which creates more than ten (10) residential lots shall provide two (2) separate access points, unless other provisions, such as permanent easements, are made for emergency ingress, and provided that such entrances will not adversely affect the street system. (2) New subdivisions, which utilize private security gates or other types of restricted access, shall provide a universal emergency access system at each entrance. (d) Private streets providing access to individual lots shall be constructed and maintained in accordance with division 5 of this article. Provision for the continued private maintenance of any private street shall be provided to the city prior to issuance of any building permit. (e) Where the impact of new development can be demonstrated to reduce any transporta- tion related level of service standard as established by the adopted comprehensive plan, additional right-of-way and roadway improvements may be required by the city to maintain adequate roadway capacity, public safety or to ensure adequate access, circulation and parking. (f) Reserve strips prohibited. Reserve strips prohibiting future access to public streets shall be prohibited except where irrevocable control of such reserve strips is placed with the city. (g) Intersections of right angles. Streets shall be designed to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than a sixty (60) degree angle. Offset intersections, which may be created by new streets, shall be prohibited except where removal or damage to any private protected tree or public protected tree may be avoided by such offset intersection. (h) Property lines rounded at intersections. Property lines at street intersections shall be rounded with a radius of twenty (20) feet or a greater radius where required by the city. The city may permit comparable cutoffs or chords in place of rounded corners. (i) Minimum right-of-way and paving widths. Minimum street right-of-way and paving widths shall be as follows, unless otherwise indicated or required by law: STREET TYPE RIGHT-OF-WAY PAVING WIDTH Minor Collector Street 60 feet 24 feet Local Street: Without curb and gutter 60 feet 20 feet Local Street: With curb and gutter 50 feet 24 feet Cul-de-sacs and loop streets not exceeding 1500 feet in length: Without curb and gutter 60 feet* 20 feet* With curb and gutter 50 feet* 20 feet* Supp. No. 37 1527 § 24-252 ATLANTIC BEACH CODE STREET TYPE RIGHT-OF-WAY PAVING WIDTH Alley: Commercial Alley: Residential 30 feet 20 feet 12 feet 10 feet Required for linear portion of cul-de-sacs and loop streets. See following subsection (i) for dimension of turn-arounds. (j) Dead-end streets. Dead-end streets, designed to be so permanently, shall be prohibited except when designed as cul-de-sacs. These streets are limited to one thousand (1,000) feet in length; however, the city may approve cul-de-sacs of greater lengths, where due to topographic conditions, design consideration, or number of lots to be located on the same, a greater length may be deemed necessary. A circular turnaround shall be provided at the terminus of the cul-de-sac. The circular area shall contain right-of-way with a diameter of not less than seventy-five (75) feet as measured from adjoining property lines. The diameter of the paved area shall be not less than sixty (60) feet as measure from edge of curb. The city may authorize a "T" type design of proper size for vehicular turnaround as required by the director of public works. Temporary turnarounds shall be provided at the end of streets, which are to be extended in the later stages or phases of the development. (k) Street names and house numbers. The assignment of addresses shall be determined by the building official. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-253. Driveways. (a) Driveways and accessways shall be constructed in accordance with the requirements of section 19-7 of this Code, and as set forth within this section. (1) Residential driveways .hurl not croatc more, ti%ui fifty (50) pe1Ce11Y, 1111j)e1VlOUS area within the public right-of-way, and shall be limited to the following widths. (2) Maximum driveway width at the property line and through the right-of-way shall be twenty-two (22) feet, subject to not exceeding fifty (50) percent impervious area in the right-of-way. (3) Maximum driveway aisle width through the right-of-way for circular drives shall be twelve (12) feet subject to subject to not exceeding fifty (50) percent impervious area in the right-of-way. (4) Maximum driveway width at the property line and through the right-of-way for two-family dwellings on a 50 -foot wide lot shall be a combined width for both driveways of twenty-four (24) feet. (b) Shared driveways. The use of shared private driveways shall be permitted subject to provision of a shared access easement or other legally binding agreement between all parties using such access. A copy of the recorded easement or agreement shall be provided to the city prior to issuance of a building permit. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1528 LAND DEVELOPMENT REGULATIONS § 24-256 Sec. 24-254. Easements. (a) Utilities. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary, and shall be at least fifteen (15) feet wide and shall extend from street to street. All stormwater and utility easements dedicated to the city shall be permanent easements, irrevocable and without reservation. (b) Drainage and watercourses. Where a development is traversed by a watercourse, canal, drainage way, nonnavigable channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse, and such further width as will be adequate for the purpose of access for maintenance, and to provide for the unrestricted flow of the intended volume of water. (c) Other drainage easements. Other easements may be required for drainage purposes of such size and location as may be determined by the designated administrative official. (d) Pedestrian and service easements. Where necessary for safety and convenience, pedes- trian and service easements or rights-of-way may be required. (e) No city expense. Easements required by these land development regulations within proposed developments shall be provided at no expense to the city. (f) The abandonment or vacation of beach access easements shall be prohibited. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-255. Blocks. (a) General. The lengths, widths and shapes of blocks shall be determined with due regard to: (1) Provision of adequate building sites suitable to the special needs of the use contem- plated. (2) Zoning district requirements as to lot sizes and dimensions. (3) Needs for convenient access, circulation, control and safety of street and pedestrian traffic and fire protection. (b) Block lengths. Block lengths shall not exceed twelve hundred (1,200) feet between intersecting streets, except that the city commission may approve blocks of greater length. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-256. Lots. (a) General. Lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the development and for the type of development and use proposed. Lot arrangement and design shall be such that all lots shall provide satisfactory and desirable building sites Minimum sizes for lots shall be as set forth within the applicable zoning district requirements. Unless expressly provided for within this chapter, no residential lot created after the initial effective date of these land development Supp. No. 37 1529 § 24-256 ATLANTIC BEACH CODE regulations shall have a width of less than seventy-five (75) feet at the building restriction line, or shall it contain less than seven thousand five hundred (7,500) square feet unless approved as part of a planned unit development. (b) Dimensions. Lot dimensions shall conform to the requirements of article III of this chapter, and the depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development proposed. (c) Residential corner lots. Corner lots for residential use shall have extra width, greater than a corresponding interior lot, to accommodate the required building setbacks from any orientation to both streets. (d) Street access. All Lots shall be provided with satisfactory and permanent access to a paved public street. No new lot shall be created, which prohibits established access or reasonable access to an abutting property. (e) Double frontage lots. creation of new residential lots having double street frontage shall be avoided. (f) Building restriction lines. The developer shall establish building restriction lines in accordance with approved final subdivision plat, and such building restriction lines shall be shown on the recorded plat. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-257. Provision for required recreation. New subdivisions containing ten (10) or more acres shall be required to provide a minimum of one (1) acre dedicated for recreation purposes. A req„irPment of one (1) acre per cacti ter, (n) acres, or fractional portion thereof, shall be required for new subdivisions exceeding ten (10) acres in size. A minimum of fifty (50) percent of lands required for recreation shall contain active recreation facilities such as ball -fields or multi-purpose fields, tennis courts, skateboard facilities, swimming pools and the like. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-258. Required monumentation. (a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of curves in streets, and at intermediate points as shall be required by the designated administrative official. (b) Permanent reference markers. A sufficient number of permanent reference monuments shall be set in each residential subdivision, and in no case less than two (2) such monuments and in no case more than two thousand (2,000) feet apart, either within the tract or on the exterior boundaries thereof, or both, properly referenced, for both construction and future city use. The permanent reference monuments shall meet all the specifications set out in Section 177.091, Florida Statutes, and as may be required by the designated administrative official. Supp. No. 37 1530 LAND DEVELOPMENT REGULATIONS § 24-261 (c) Location and construction. The location of all permanent reference monuments shall be indicated on the final subdivision plat. All iron pipes and pins and permanent reference monuments shall be of such size, material and length as may be specified by the designated administrative official. (d) Lot corners. Lot corners shall be monumented with iron pipes, iron pins or permanent reference monuments. (e) Time of placement. Permanent reference monuments (PRM) and permanent control points (PCP) shall be set in accordance with Section 177.091, Florida Statutes, except all monuments including lot corners shall be placed before the developer is released from any required surety. If no surety bond or personal bond secured by a letter of credit is posted, monuments including lot corners must be placed prior to acceptance for ownership and maintenance. Any and all land monuments including lot corners disturbed or destroyed in the prosecution of construction shall be accurately witnessed and replaced at the developer's expense upon the completion of construction. The designated administrative official may accept a certification from the developer's surveyor that the requirements of this division have been satisfied. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-259. Clearing and grading of rights-of-way. the developer shall be required to clear all rights-of-way and to make all grades, including all grades for streets, alleys and drainage, consistent to grades of the approved construction plans. All debris shall be removed from rights-of-way. In the interest of the preservation of existing protected trees, or environmentally sensitive areas, or other natural features, the city may vary from this section where aesthetic and environmental conditions shall be enhanced. No rights-of-way shall be cleared prior to approval of construction plans, and issuance of a site clearing and tree removal or relocation permit as required by chapter 23 of the Code of Ordinances. Installation of required erosion and sediment control BMPs must be completed and inspected prior to beginning clearing operations. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-260. Centralized sewer and water services. (a) New subdivisions shall be required to provide centralized water and sanitary sewer systems. (b) The use of private wells and septic tanks shall be in accordance with the requirements of Chapter 64E-6, Florida Administrative Code. New septic tanks shall further be subject to the provisions of following section 24-260. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-261. Installation of septic tanks, private wastewater, and onsite sewage treatment and disposal systems. (a) New lots or parcels, which are created pursuant to the exemptions from the requirement for approval and recording of a final subdivision plat or replat as set forth within section 24-189, shall contain a minimum lot area of one (1) acre, exclusive of wetlands, in order to use Supp. No. 37 1531 § 24-261 ATLANTIC BEACH CODE private wastewater systems and septic tanks, or any type of onsite sewage treatment and disposal systems, except that any lot within one hundred (100) feet of any central sewer line shall be required to connect to central services as required by chapter 22, article III of this Code of Ordinances without respect to size of the lot or parcel. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) ARTICLE V. ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS DIVISION 1. WELLHEAD PROTECTION Sec. 24-262. Purpose and intent. The intent of these regulations to protect and safeguard the health, safety and welfare of the residents of the City of Atlantic Beach by establishing wellhead protection measures that safeguard the Floridan Aquifer from intrusion of any contaminants that may jeopardize present and future public water supply wells in the City of Atlantic Beach. It is also the intent of the City of Atlantic Beach to augment policies adopted in the comprehensive plan that address the protection of public potable water wells. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-263. Definitions. Faulty well means any well completed into the Floridan Aquifer or Hawthorne GROUP which does not meet the requirements as specified in this section 24-266. Hawthorne Group well means any well that penetrates a portion of the Hawthorne Forrnatiorr, vv tl a sereened or open hole segment terminating within the Hawthorne Formation. Potable water means water which is intended for drinking, culinary or domestic purposes subject to compliance with state and federal drinking water standards. Private well means a shallow aquifer, Hawthorne, or Floridan well that is not a public potable water well. Public potable water well means any water well completed into the Floridan Aquifer, which supplies potable water to a community water system or to a nontransient, noncommunity water system, as those terms are defined in Rule 62-521.200, Florida Administrative Code. Public water supply utility or "utility" means the owner of a public potable water well or wellfield. Risk of contamination means the existence of a faulty Floridan or Hawthorne well located within a wellhead protection area, a source of contamination, and/or a gradient in the shallow aquifer towards the faulty Floridan or Hawthorne well, creating a threat to a Public Potable Water well due to cross contamination between aquifers or source waters. Supp. No. 37 1532 LAND DEVELOPMENT REGULATIONS § 24-265 Wellfield means more than one (1) public potable water well owned by a public water supply utility in close proximity to each other. Wellhead protection area means an area consisting of a 500 -foot radial setback distance around a public potable water well or wellfield where the most stringent measures are provided to protect the ground water sources for a potable water well and includes the surface and subsurface area surrounding the well. Wellhead protection area map means a map showing the location of the boundary of each of the wellhead protection areas. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-264. Establishing and mapping wellhead protection areas. There is hereby established a wellhead protection area around each public potable water well and/or wellfield. Wellhead protection areas shall be mapped for the edification of the public and to assist the city in safeguarding the ground water resource. Any new public potable water wells shall have the wellhead protection areas added to the map within thirty (30) days of completion of construction. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-265. Investigations and monitoring. (a) A map shall be developed and kept up-to-date, using the city's GIS system, to show the location of any known private wells within the wellhead protection area that are drilled into the Hawthorne or Floridan Aquifer. The mapping shall include a review of available federal, state and local environmental databases including, but not limited to, databases pertaining to Brownfields Redevelopment Programs, Florida Department of Environmental Protection SIS Contaminated Sites List, lists of commercial hazardous waste transporters' facilities, hazard- ous waste notifications, solid waste facilities, storage tank and petroleum contamination/ cleanup records, U.S. Environmental Protection Agency Comprehensive Environmental Re- sponse, Compensation and Liability Act and Resource Conservation and Recovery Act remedial action sites. Any sites deemed to be potential contamination risks by the city may be investigated by city staff or their consultants. In conducting the investigation, the city shall, at a minimum, consider the condition of such sites; the status of the site within any applicable U.S. Environmental Protection Agency and/or Florida Department of Environmental Protec- tion regulatory program; and, any existing or planned remediation activities and site management plans. (b) Using the city's and St. Johns River Water Management District's (SJRWMD) water well database, the city shall map private well locations within the wellhead protection areas and shall assess the depth, use, and condition of each identified private well from available records. The city shall identify wells known or likely to penetrate the Hawthorne Group and/or Floridan Aquifer within each wellhead protection area. Thereafter, the city shall have authority to conduct an investigation of each well into the Hawthorne Group and Floridan Aquifer to determine the condition of the well and its potential as a contaminant pathway into Supp. No. 37 1533 § 24-265 ATLANTIC BEACH CODE the Floridan Aquifer. The investigation may include a request for records of the well construction, regulatory reports, maintenance logs or other documents and data records available from the owner or from regulatory agencies. (c) The city shall have the right to assess to the best of its ability whether any wells are located within, or downgradient in the shallow aquifer gradient from a contaminated site within a wellhead protection area. The city shall determine the condition of the well to prevent the migration of contaminants from non -Floridan aquifers to the Floridan Aquifer based on the applicable regulatory standards of design and installation, and proper maintenance practices including but not limited to the following: (1) Proper grout seal outside of the casing; (2) Presence of an approved and certified backflow prevention device if required; (3) Proper sanitary seal on wellhead; (4) Concrete pad around wellhead; (5) Surface water drainage; (6) Well casing integrity; and (7) Properly maintained pumping and distribution systems. (d) It shall be the responsibility of the city to determine that a public potable water well is at risk of contamination. Once this determination has been made, the city may identify the specific contaminants of concern, and report to the St. Johns River Water Management District (SJRWMD) and Florida T)ep rtmPnt of Environmental Protection (FDP). (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-266. Prohibitions in wellhead protection areas. Within a 500 -foot radius around an existing public potable water well, those actions and uses established by the Florida Department of Environmental Protection in Rule 62-521.400, Florida. Administrative Code, which is adopted by reference, shall be prohibited. Additionally, no existing private wells shall be deepened and no new wells shall be constructed within designated wellhead protection areas that penetrate a portion of the Hawthorne Group or the Floridan Aquifer without first obtaining a well construction permit from the City of Jackson- ville as provided in environmental protection board Rule 8 and including a review of areas on known contamination at or near the proposed or existing well location. A City of Atlantic Beach well permit from the building department must also be received prior to construction. All new wells within such areas must be fully grouted. Abandonment of existing wells shall be in accordance with applicable SJRWMD requirements and a copy of the plugging and abandon- ment report shall be submitted to the city. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1534 LAND DEVELOPMENT REGULATIONS § 24-267 Sec. 24-267. Requirements within wellhead protection areas. The following requirements apply to all Floridan Aquifer wells, including private wells, within the boundary of a wellhead protection area. (a) All Floridan and Hawthorne wells may be inspected by the City or their consultants at any time after the effective date of this ordinance. The City shall prioritize re - inspections for wells that, in its opinion, pose the greatest threat to the Floridan Aquifer. (b) Floridan Aquifer wells that do not have positive piezometric pressure shall have a backflow prevention device in compliance with local plumbing code and Department of Environmental Protection rules. (c) Within one year after the effective date of this chapter, all Private Floridan wells within a Wellhead Protection Area shall be configured with a sanitary seal on the wellhead and a concrete pad around the outside of the well casing to prevent leakage of surface water into the well. Each well shall be finished with a concrete pad a minimum of five (5) feet by five (5) feet and at least three (3) inches thick. The pad shall be finished above ground surface to allow surface water to drain away from the wellhead. The surrounding ground surface should be sloped away from the wellhead, if possible, to further prevent surface water from collecting at the wellhead. (d) Floridan Aquifer wells shall be drilled, maintained and repaired according to the standards of Chapters 62-524 and 40C-3, Florida Administrative Code. (e) The city shall notify the owner of any well that is not found to be in compliance with the requirements of this section of the violation. Any private well not properly constructed or maintained to reasonably prevent contamination from any other aquifer to the Floridan Aquifer shall be abandoned, repaired or replaced. The cost of abandonment, repair or replacement shall be the responsibility of the well owner and/or the owner of the property on which the well is located. All private faulty wells found to be out of compliance shall have ninety (90) days to either perform those repairs necessary to bring the private well into compliance with this section or to properly abandon the well pursuant to the appropriate standards and procedures. Copies of inspection reports from the St. Johns River Water Management District confirming that the well has been properly abandoned, repaired or replaced shall be submitted to the city. If the work is not inspected by the St. Johns River Water Management District, the city or their consultant shall inspect the well to confirm that it has been properly abandoned, repaired or replaced at the cost of the owner, and the abandonment, repair or replacement shall be entered into a database of well -related information maintained by the city. Failure to properly repair or abandon a private faulty well, pursuant to the requirements of this section, shall be referred to the code enforcement board. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1535 § 24-268 ATLANTIC BEACH CODE Sec. 24-268. Notice of release or spill of contaminants in wellhead protection areas. The city shall send written requests to local hazardous release/spill responders to immedi- ately notify the public utilities department of any and all spills or releases in the water service area. City staff shall determine if an incident has occurred within a wellhead protection area. City staff shall notify the state warning point, Department of Environmental Protection, or other regulatory agencies as required by law, depending on the nature and amount of the spill. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-269. Authority and responsibilities of the city. The city shall have the following powers and duties: (a) Administer and enforce the provisions of these wellhead protection regulations. (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. 90-10-212, § 2(Exh. A), 3-8-10) DIVISION 2. PROTECTION OF WETLAND, MARSH AND WATERWAY RESOURCES Sec. 24-270. Purpose and intent. The purpose and intent of this division is to provide regulations that contribute to the protection of the vast coastal marsh, estuarine and wetland system associated with the Atlantic TPtracoastal and t tributaries conjunction the _ _. Waterway �_�,., 1�� v��A,.A��.�';E in with t,tte Stat% and feueYal regulatory agencies having jurisdictional authority over such resources. It is the express intent of the city that no net loss of jurisdictional wetlands occur through any development action within the city. Any impacted wetlands on a development site shall be replaced elsewhere on the same site or elsewhere within the City of Atlantic Beach where replacement onsite is not possible to achieve reasonable use of the property. Where jurisdictional wetlands have been damaged or degraded over time through previous development, storm events, improper drainage runoff or other adverse activities, but where wetland vegetation and habitat still are predominant in quantity on a proposed development site, all plans submitted for review or permitting shall demonstrate a plan for mitigation, restoration, replacement, enhancement or recovery of jurisdictional wetlands in the amount to be displaced by the proposed development. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-271. Definitions. For the purposes of this division, the terms used herein shall have the meaning as set forth within this division, and also within section 24-17 and where applicable and appropriate to the Supp. No. 37 1536 LAND DEVELOPMENT REGULATIONS § 24-271 context, chapter 23 of the Municipal Code, entitled Protection of Trees and Native Vegetation, as well as those definitions as may be established by applicable state or federal law. Specific to this division are the following terms: Environmental assessment shall mean a study and a written report prepared in accordance with the State of Florida's approved methodology for wetlands determination in accordance with Section 373.421, Florida Statutes and Section 62-340.300 of the Florida Administrative Code for verification and identification of environmental and habitat characteristics. The environmental assessment shall include a delineation of onsite wetlands and native upland habitat, as well as an identification of any protected animal species or habitat found on the site. The city may accept an assessment prepared by a licensed environmental professional and may also require the applicant to obtain a formal wetland determination by the St. Johns River Water Management District. Intertidal zone (or littoral zone) is the area along a shore that lies between the high and low tide marks, bridging the gap between land and water. At high tide, the intertidal zone is submerged beneath the water, and at low tide it is exposed to air. Isolated wetland shall mean a wetland area that is not part of a surface water tributary system and which is defined by the following characteristics: (a) Non -navigable tributaries that do not typically flow year-round or have continuous flow at least seasonally (e.g., typically at least three (3) months each year); (b) Wetlands that are adjacent to such tributaries; and (c) Wetlands that are adjacent to but that do not directly adjoin a relatively permanent non -navigable tributary. Mean high water line shall mean that line established by a Florida Professional Surveyor and Mapper in accordance with Section 177.26, Florida Statutes, which establishes the boundary line along navigable waters between submerged lands including the foreshore, owned by the state in its sovereign capacity, and uplands which may be subject to private ownership. Natural resource based recreation shall mean activities, such as kayaking, canoeing, rowing, biking, hiking, bird -watching, fishing from small nonmotorized boats or the bank and similar activities that do not involve motorized vehicles or watercraft, but that allow interaction with nature in a manner that does not damage, disrupt of interfere with the natural setting of the resource. Upland buffer shall mean areas of upland surrounding a delineated jurisdictional wetland boundary set aside from development. Such buffers protect wetlands from the impacts of adjacent land use. Wetlands serve essential ecological functions such as reducing downstream stormwater flow, recharging ground water, improving water quality and providing wildlife habitat. Buffers help wetlands function by filtering storm runoff from surrounding develop- ment, trapping sediment, absorbing nutrients, and attenuating high flows. Buffers also provide high quality wildlife habitat areas and physically separate wetlands and estuaries Supp. No. 37 1537 § 24-271 ATLANTIC BEACH CODE from developed areas in order to lessen noise, light and chemical pollution and other associated disturbances by humans. Upland buffers shall remain substantially in their undisturbed and natural state as set forth within following subsection (e) of this division. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-272. Environmental assessment and protection of wetlands and environmen- tally sensitive areas. (a) Environmental assessment required. The wetlands and the environmentally sensitive areas maps (Map A-2 and A-4) as contained within the city's comprehensive plan identify areas that are presumed to have wetlands or significant environmental features. Where a develop- ment permit is sought in such areas, an environmental assessment of the site and the potential for impacts to the presumed resource shall be provided by the applicant seeking such permit. (b) Where the environmental assessment determines that natural jurisdictional wetlands remaining on the site have been damaged or degraded over time through previous develop- ment, storm events, improper drainage runoff or other adverse activities, but where wetland vegetation and habitat are predominant in quantity on a proposed development site, all plans submitted for review or permitting shall demonstrate a plan for restoration, enhancement, mitigation or recovery of remaining jurisdictional wetlands. Restated, it is the express intent of the city that no net loss of jurisdictional wetlands occurs through any development action within the city. (c) Buffers required from wetlands. The following upland buffers shall be required, except for lands adjacent to isolated wetlands. Upland buffers shall be measured from the St. Johns River Water Management District or Florida Department of Environmental Protection Wetland jurisdictional line. (1) For development occurring following the March 8, 2010, effective date of these amended land development regulations, a natural vegetative buffer a minimum of fifty (50) feet in width shall be required and maintained between developed areas and the tributaries, streams, or other water bodies connected to the intracoastal waterway regardless of any other regulatory agency requirement of a lesser distance. Such portions of these tributaries, streams, or other water bodies subject to this buffer requirement shall be established by the presence of a mean high water line for the applicable tributary, stream or other water body. (2) A natural vegetative buffer, which is a minimum width of twenty-five (25) feet, shall be maintained between development and all other jurisdictional wetlands not described in the preceding paragraph. In cases where the minimum twenty -five-foot buffer is demonstrated to be unreasonable or impractical, an averaged twenty -five-foot undis- turbed buffer may be provided. (d) Exceptions to the upland buffer requirements. (1) Man-made canals and stormwater facilities are not considered wetlands, although in some cases, man-made navigable canals connected to waters of the state are protected Supp. No. 37 1538 LAND DEVELOPMENT REGULATIONS § 24-272 under these provisions or by regulations of state or federal agencies. Man-made canals and ponds clearly excavated in uplands are not considered wetlands and are exempt from the wetland buffer regulations. (2) Determinations of vested rights which may supersede the requirement for the fifty -foot upland buffer shall be made on a case-by-case basis in accordance with the land development regulations and applicable Florida law. (3) Single-family lots of record platted prior to January 1, 2002, shall be exempt from the fifty -foot wetland buffer requirement, but shall be subject to the twenty -five-foot upland buffer requirement as described in preceding subsection (c)(2). (4) Waivers from the requirement to provide and maintain an upland buffer may be requested in accordance with subsection 24-46(d) of this chapter, and where such waiver is approved, a berm or swale to retain and filter stormwater runoff from the lot shall be created. (5) Lots or portions of lots where a lawfully constructed bulkhead, retaining wall, revetment, or the placement of rip -rap was in existence prior to the enactment of these regulations shall be exempt from these buffer requirements. (e) Maintenance and permitted activities within upland buffers. To protect water quality and wetland functions, it is crucial to limit contamination, disturbance and clearing within upland buffer areas. It is the intent of the city that required upland buffers shall be maintained in a substantially natural and undisturbed state. With the exception of facilities to provide public access for the recreational use of intracoastal related natural resources, any disturbance or clearing of required upland buffers shall be in accordance with the following provisions. Native vegetation removed or destroyed within the upland buffer is a violation of this code, and the property owner shall be responsible for the restoration of the upland buffer upon order of the code enforcement board. (1) The following activities are expressly prohibited in any required upland buffer: a. Filling, dredging or soil compaction by heavy machinery; b. Dumping of any kind including brush, tree and yard waste, weeds, lawn clippings, animal or fish waste, litter and refuse of any type; c. Removal of healthy native trees; d. Clearing of any living native vegetation within the intertidal zone, which typically includes marsh grasses and submerged aquatic vegetation; e. Installation of sod, irrigation, non-native vegetation of any type or any type of plant materials typically requiring the use of lawn pesticides and fertilizers or chemicals of any kind. (2) The following activities are permitted within a required upland buffer subject to obtaining a buffer alteration permit from the city: a. Removal of invasive vegetation following documented verification by the desig- nated administrative official. Supp. No. 37 1539 § 24-272 ATLANTIC BEACH CODE b. Clearing of understory vegetation as defined by chapter 23 of the city's Municipal Code of Ordinances, and any such clearing shall be approved by the city and if required, the appropriate state or federal agency prior to any form of clearing, alteration or disturbance of the required upland buffer. c. Minimum clearing of upland and wetland vegetation necessary to construct a properly permitted dock or other improvement to provide lawfully entitled access to navigable waters in accordance with a validly issued and unexpired permit from the City of Atlantic Beach, the Florida Department of Environmental Protection, the St. Johns River Water Management District, and other entity having jurisdiction. d. Activities for the owner or occupant's enjoyment including typical backyard outdoor furniture, gazebos and screen structures not exceeding one hundred (100) square feet in size without electrical or plumbing service, but not swimming pools, spas or pool houses, and provided that all other conditions of this section are met. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) ARTICLE VL DIVISION 1. CONCURRENCY MANAGEMENT SYSTEM CONCURRENCY MANAGEMENT SYSTEM Sec. 24-273. Purpose and intent. (a) The purpose of a concurrency management system is to provide the necessary regula- tory mechanism for P.vain ti ng development orders to eno re that the, lovol of sorvicc 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, Florida Adiministrative Code.) However, development orders may be conditioned such that needed public facility improve- ments will be in place concurrent with the impacts of the proposed development. (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. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1540 LAND DEVELOPMENT REGULATIONS § 24-276 Sec. 24-274. 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; (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. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-275. 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 in accordance with state statutes and rules relating to concurrency. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-276. 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 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. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1541 § 24-277 ATLANTIC BEACH CODE Sec. 24-277. 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. (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. (c) 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. (d) 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. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-278. 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- inccnt and prior to the issuance of a film developnlen ; older. Ali 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 certificates of occupancy shall be issued. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-279. 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 Supp. No. 37 1542 LAND DEVELOPMENT REGULATIONS § 24-279 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) 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. (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. (b) 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. (c) Solid waste disposal. (1) The design capacity of solid waste disposal facilities located in the city. Supp. No. 37 1543 § 24-279 ATLANTIC BEACH CODE (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. (d) Stormwater and drainage. (1) The existing level of service measured by storm events as determined by the city. The adopted level of service standards for stormwater and drainage. (2) 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. (3) 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. (4) The improvements scheduled by the city as part of the continuing implementa- tion of the city's master stormwater plan, as may be updated. (e) Recreation and open space. (1) The existing supply of recreation and open space lands and the adequacy of recreational 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 consideration given to changing demographics and changing recreational trends. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 37 1544 [The next page is 1983] 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. 37 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 -24-07 2-20(b) 80-07-74 9-24-07 1 22-27, 22-166, 22-167 10-08-23 1-28-08 1 3-9(b)(1) 80-08-75 1-28-08 1 22-39 25-08-38 2-25-08 1.A(1) 6-16 (2) 6-17(a)(2)a (3) 6-17(b)(5) (4) 6-120 B.(1)—(5) Rpld 6-32-6-36 (6)—(8) Rpld 6-38-6-40 (9) Rpld 6-57 (10) Rpld 6-60 C.(1) Added 6-26 2.A(1) 7-17 (2) 7-18(a) (3) 7-21(b) (4) 7-25(a) (5) 7-27(a) (6) 7-30 Supp. No. 37 2004 CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code (7) 7-34(a) (8) 7-38(a) 2.B. 7-17 Dltd 7-31 3.A. 8-5 B. 8-21, 8-22 4.A. Added 12-1(a)(13) 5-08-48 2-25-08 1 2-16 55-08-32 2-25-08 1 16-2, 16-10 90-08-203 3-24-08 1(Exh. A) 24-173 90-08-204 4-28-08 1(Exh. A) 24-154 95-08-95 3-27-08 1 4-10(4), 4-24 4-27(a), 4-30 2 Added 4-5(d), (e), 4-14, 4-15, 4-28, 12-1(14) 3 Rpld 4-11(7), 4-23 05-08-50 5-27-08 1 Added 2-400-2-409 5-08-49 6- 9-08 1 2-331, 2-336(6) 2-337, 2-338(1), (10) 55-08-33 6-23-08 1(1) 16-1 (2) 16-3(b)—(d) (3) 16-5 25-08-39 7-14-08 1 Rpld 6-24(b) 58-08-33 8-11-08 1 2-301 58-08-34 8-11-08 1 2-262 2, 3 2-272, 2-273 4 2-276(b) 5 2-278(b) 6 2-279(a) 7 2-282(1), (2), (5) 8 2-298(c) 25-08-40 8-25-08 1 Added 6-121 2 6-17(b)(5) 80-08-76 8-25-08 1 22-16 2 22-28 3(a) 22-170 (b) 22-171 (c) 22-172 90-08-206 8-25-08 1(a) 24-151(a) (b) 24-163(b)(2) (c) Added 24-171(c)(5) 95-08-96 9- 8-08 1 12-2(d) 55-08-34 9-22-08 2 16-10 80-08-77 9-22-08 2 22-335(a) 80-08-78 10-27-08 1 22-27(2), 22-167 Supp. No. 37 2005 ATLANTIC BEACH CODE Ordinance Adoption Section Number Date Section this Code 45-08-19 11-10-08 1 20-59 95-09-98 1-12-09 2(Exh. A) Rpld 23-15-23-17, 23-19, 23-20, 23-22, 23-25, 23-23-36-23-40, 23-46-23-50 Added 23-1-23-4, 23-8, 23-11-23-16, 23-21-23-26, 23-30-23-37, 23-40, 23-41, 23-46-23-51 55-09-35 2- 9-09 2 16-10(1) 95-09-99 5-26-09 1 2-161-2-169 90-09-208 9-14-09 1 24-151 24-157 24-173 5-09-51 9-28-09 1 2-20(b) 90-09-210 9-28-09 1 24-173 25-09-41 10-26-09 1 6-26, 6-37, 6-59, 6-77 90-09-211 10-26-09 1 24-69 45-10-20 1-11-10 1 20-52.1 95-10-101 2-22-10 2 Rpld 23-11-23-16, 23-21-23-26, 23-30-23-37, 23-40, 23-41, 23-46-23-51 Added 23-11-23-14, 23-21-23-26, 23-30-23-37, 23-40, 23-41, 23-46-23-51 90-10-212 3- 8-10 2(Exh. A) Rpld 24-1-24-5 24-16, 24-17, 24-31, 24-46-24-52, 24-61-24-69, 24-81-24-88, 24-101-24-114, 24-126-24-136, 24-151-24-173, 24-176, 24-177, 24-186-24-192, 24-201-24-206, 24-221, 24-222, Supp. No. 37 2006 CODE COMPARATIVE TABLE Ordinance Adoption Number Date Section Supp. No. 37 2007 Section this Code 24-231-24-235, 24-251-24-284 Added 24-1-24-5, 24-16, 24-17, 24-31, 24-46-24-51, 24-61-24-69, 24-81-24-89, 24-101-24-114, 24-116-24-126, 24-151-24-157, 24-159-24-168, 24-171-24-174, 24-176, 24-177, 24-186-24-192, 24-201-24-204, 24-221, 24-231-24-235, 24-251-24-279 [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 1.01 13-201 23.011 60.05 62-340.300 Ch. 98 98.211 100.181 100.361 Ch. 101 Ch. 112 Ch. 112, Pt. III 112.061 112.181(2) 112.65 112.311 112.3173 Ch. 119 125.68 Ch. 161 161.021 161.041 161.053 Ch. 162 162.02 162.05 162.05(4) 162.06 Section this Code 1-2 Ch. 9(note) Ch. 14(note) 2-168 2-169 Ch. 12(note) 24-271 Char., § 38 Char., § 53 Char., § 41 Char., § 56 Char., § 42 2-304 Char., § 66 Ch. 2, Art. VII, Div. 3(note) 2-279 2-310.8 2-285 Ch. 2, Art. II (note) 2-297 2-310.22 Char., § 65 Ch. 2(note) 16-32 Ch. 5(note) 24-17 24-17 6-20(b)(3) 6-20(b)(3) 6-21(e), (r) Ch. 2, Art. V, Div. 2(note) 7-27 20-54 2-146 2-141 2-142 2-145 2-147 F.S. Section Section this Code 162.07 2-143 2-144 2-147 162.08 2-148 162.09 2-149 162.10 2-150 162.11 2-151 Ch. 163 Char., § 59 14-1(a) 21-302(15) 24-17 24-47(e) 163.3161 Ch. 14(note) 163.3161 et seq. Ch. 24(note) 163.3164 24-17 163.3174 14-22 163.3178 6-27 163.3184 24-5 163.3184(15) 24-51 163.3194(1) 24-5 163.3194(1)(b) 24-17 Ch. 166 Charter(note) Char., § 4 Char., § 57 Char., § 59 21-302(9) Ch. 166, Pt. II Char., § 45 Char., § 60 166.031 Char., § 79 166.041 Char., § 18 24-51 166.101 Ch. 2, Art. VII (note) 166.201 Ch. 2, Art. VII (note) Ch. 20(note) 166.231 Ch. 20, Art. II (note) 166.241 2-311 166.0425 Ch. 17(note) 166.0445 24-17 Supp. No. 37 2053 ATLANTIC BEACH CODE F.S. Section F.S. Section Section this Code Section this Code Ch. 170 Ch. 19(note) Ch. 218 Ch. 2, Art. VII Ch. 175 2-272 (note) 2-290 218.33 2-311 175.101 20-77 Ch. 252 2-403 2-288 Ch. 253 24-17 175.121 2-288 253.12 Ch. 5(note) Ch. 177 24-17 286.011 Char., § 14 24-204(b) Ch. 2(note) Ch. 177, Pt. I 24-188(a) 309.01 Ch. 5(note) 24-204(a) Ch. 316 Ch. 21(note) 177.26 24-271 21-1 177.27(15) 6-21(j) 316.008 Ch. 21(note) 177.041 24-204(b) 177.051 24-204(b) 316.008(1)(a) Ch. 21, Art. 11 177.061 24-204(b) (note) 177.091 24-203(a) 316.195 Ch. 21, Art. II 24-204(b) (note) 24-258(b), (e) 21-16 177.101 24-192 316.1945 Ch. 21(note) Ch. 180 Ch. 19(note) 21-17 Ch. 185 2-290 316.2045 19-1 2-300 320.823 6-23 2-303 Ch. 327 Ch. 5(note) 2-304 327.02.222.17 24-174(e)(3) 2-309 335.075 Ch. 19(note) 2-310.1 Ch. 367 Ch. 22(note) 2-310.4 Ch. 369 Ch. 5(note) 2-310.17 Ch. 372 Ch. 4(note) 2-310.29 Ch. 373 Ch. 8(note) 185.02(11) v 301 373.421 2f -Gr 1 185.06 2-303 380.04 24-17 2-310.16 381.006 4-29 185.08 20-76 381.031(1)(g)1 4-29 185.16(3) 2-310.6 381.031(g)3 Ch. 6, Art. VI 185.121 2-288 (note) 185.185 2-310.22 381.261 Ch. 22(note) Ch. 192 Ch. 20(note) Ch. 386 Ch. 12(note) 193.116 Char., § 58 402.311 24-152(d) 196.075 20-82 403.0893 21-302(9), (10) Ch. 205 Char., § 58 403.413 5-4 Ch. 20, Art. III 16-7 (note) 403.415 Ch. 11(note) 205.022 20-51 413.08 Ch. 3, Art. II(note) 205.042 20-52 Ch. 469 Ch. 6, Art. IV 205.043(2) 20-57 (note) 205.043(3) 20-57 Ch. 479 Ch. 17(note) 205.053 20-54 20-59 205.053(1) 20-53 479.11 17-42 205.063 20-58 Ch. 481, Pt. II 24-177(b) 205.196 20-59 Ch. 489 Ch. 6(note) Supp. No. 37 2054 F.S. Section Ch. 496 496.01 Ch. 513 513.01 Ch. 514 Ch. 538, Pt. I 538.03(1)(a) Ch. 552 Ch. 553 Ch. 553, Pt. VII 553.01 Ch. 553.15 Ch. 553.70 Ch 553.73 Chs. 561-565 561.01 561.15 562.14(1) 562.45(2) 563.01 565.01 590.12 Ch. 633 633.35 633.121 633.171 Ch. 650 650.02 650.05 674.105 Ch. 679, Pt. V Ch. 705 705.16 Ch. 760 760.20 STATUTORY REFERENCE TABLE Section this Code 18-4(g)(6) 20-59 Ch. 18(note) Ch. 10(note) 10-1 Ch. 6, Art. VI (note) 21-61 21-60 Ch. 7(note) Ch. 6(note) 6-21(p) 7-32 6-16 6, Art. IV(note) 6, Art. III(note) . 6, Art. II(note) 7-25 3-1 Ch. 3(note) 3-1 3-2 3-2 3-4 3-5 3-6 3-4 3-4 Ch. 7(note) Ch. 7(note) 7-32 2-263 Ch. 7(note) 7-27 Ch. 2, Art. VI, Div. 2(note) 2-241 2-241 Ch. 2, Art. VI, Div. 2(note) 13-12(a)(4) 21-63 Ch. 15, Art. II(note) 21-24 Ch. 2, Art. II(note) Ch. 9(note) Ch. 9, Art. II(note) F.S. Section Section this Code 760.22 9-16 760.23 9-17 760.24 9-18 760.25 9-22 760.29 9-23 760.37 9-24 Ch. 767 Ch. 3, Art. II(note) 4-26 767.12 4-12(1) 4-12(2) 4-12(3) 4-12(4) 768.28 2-1(b)(1) 775.082 4-12(1) 4-12(2) 4-12(3) 775.083 4-12(1) 4-12(2) 4-12(3) 775.084 4-12(3) Ch. 790 15-22(g)(3) 790.15 13-3 Ch. 791 Ch. 7(note) 7-39 791.01(4)(b) 13-13 791.01(4)(c) 13-13 791.02(1) 13-13 796.07 2-167(a) 806.13 6-111 22-57 812.019 2-167(a) Ch. 823 Ch. 12(note) Ch. 828 4-5 828.27 4-30 847.001 17-2 847.001(2) 24-17 24-111(c)(11) 24-114(c)(2) 874.03 2-167(a) 876.05 Char., § 68 893 2-167(a) 893.03 13-4 13-5 893.138 2-161 893.147 13-5 932.701 Ch. 15, Art. II(note) 943.13 2-262 943.14 2-262 Supp. No. 37 2055 ATLANTIC BEACH CODE F.S. Section Section this Code 2-301 943.22 2-262 2-301 943.25(8)(a) 15-1 Supp. No. 37 2056 [The next page is 2081] CODE INDEX Section A ABANDONMENT Animals and fowl Dangerous dogs 4-10 Abandoning animals 4-15 Beach access easements Abandonment or vacation of prohibited 24-254(f) 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 ACCESSORY USES AND STRUCTURES Zoning supplementary regulations 24-151 See: LAND DEVELOPMENT REGULATIONS 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 Supp. No. 37 2101 ATLANTIC BEACH CODE Section ALCOHOLIC BEVERAGES (Cont'd.) Lighting requirements on premises S-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 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 CiLy 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 Abandoning animals 4-15 Appeals 4-11 Attack or bite by dangerous dog; penalties; confiscation; destruction 4-12 Certification of registration 4-11 Classification as dangerous 4-11 Confinement of animal 4-11 Exemption 4-11 Legislative findings 4-8 Neglect; restraint by chaining; animal bites 4-28 Notice and hearing requirements 4-11 Supp. No. 37 2102 CODE INDEX Section ANIMALS AND FOWL (Cont'd.) Dogs and cats (Cont'd.) Dangerous dogs (Cont'd.) Police or service dog, bite by a; exemption from quaran- tine 4-13 Severe injury by dog; impoundment; destruction 4-14 Unlawful acts 4-11 Definitions 4-21 Disturbing the peace 4-27 Leashing dogs 4-25 Muzzles Dogs to be muzzled 4-25 Rabies Dogs or cats suspected of having rabies 4-29 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 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 . Supp. No. 37 2103 7-2 ATLANTIC BEACH CODE Section 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 ATTORNEY. See: CITY ATTORNEY AUDITS Uniform travel policy and procedure Auditing of travel expense reports or vouchers 2-365 B BAIL BONDS Additional court costs assessed for police training Forfeited bail bonds 15-1 BARRICADES Building sewers and connections Barricading, restoring excavations 22-111 BASEMENTS Abandoned basements, nuisance provisions 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES BEACHES Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Animals Dogs and cats running at large 4-24 Dogs upon beaches to leashed, muzzled, etc. 4-25 Beach safety zone Animals 5-17 Use of vehicles 5-16 Closing during emergencies 5-1 Lifeguards Lifeguard division Protecting safety and welfare of persons using beaches, etc. 2-6 Parking of sailboats not to obstruct lifeguard activities 5-6 Lighting of fires 5-3 Littering 5-4 Motorized apparatus Beach safety zone, use of vehicles 5-16 Operating within two hundred feet of beach 5-7 Parks, playgrounds and recreation. See also that subject Public parks; use prohibited after dark 5-31 Sailboats, catamarans, vessels Motorized apparatus. See herein that subject Parking 5-8 Supp. No. 37 2104 CODE INDEX Section BEACHES (Cont'd.) Sailboats, catamarans, vessels (Cont'd.) 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 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 Animal bites 4-28 Dog bites, etc 2-29 BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOATS Boat trailers. See: RECREATIONAL VEHICLES Sailboats, catamarans, motorized vehicles on beaches 5-1 et seq. See: BEACHES Zoning supplementary regulations Damage to, destruction of environmentally sensitive areas 24-174(c) Intent 24-174(a) Live -aboard vessels prohibited 24-174(e) Private property rights 24-174(0 Public docks and anchoring and mooring restrictions 24-174(d) Unlawful to discharge 24-174(b) 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 Supp. No. 37 2105 ATLANTIC BEACH CODE Section BUDGET Certain ordinances saved from repeal 1-5 Director of finance's duties re 2-76 See also: FINANCES BUILDINGS AND BUILDING REGULATIONS Building code Adoption 6-16 Amendments 6-17 Boathouses, docks and gazebos on docks 6-25 Construction site management 6-18 Nonhabitable major structures; residential dune crossover structures 6-24 Property maintenance code Adoption 6-120 Amendments 6-121 Schedule of building permit fees Generally Building and construction 6-26(a)(1) Building permit refunds 6-26(a)(10) Building permit renewal 6-26(a)(9) Change of tenant 6-26(a)(8) Demolition 6-26(a)(3) Fence 6-26(a)(5) Moving 6-26(a)(2) Plan check 6-26(a)(4) Reinspection 6-26(a)(6) Sign erections 6-26(a)(7) Plan review resubmittal fees Fire alarm and signaling cygi-ems, Pads 6 26(b)(17) ) For issuing each permit 6-26(b)(1) Lighting outlets 6-26(b)(9) Minimum fee 6-26(b)(18) Multifamily per dwelling unit 6-26(b)(3) Primary service 6-26(b)(10) Reinspection 6-26(b)(21) Repairs and miscellaneous 6-26(b)(20) Signs 6-26(b)(7) Smoke detectors wired into electrical system, excep- tion 6-26(b)(16) Swimming pools 6-26(b)(19) Temporary services 6-26(b)(6) Transformers 6-26(b)(11) 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 Supp. No. 37 2106 CODE INDEX Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) 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 Land development regulations 24-1 et seq. See: LAND DEVELOPMENT REGULATIONS Loitering, sleeping, etc., in public buildings 13-2 Loud and raucous noises 11-2 Mechanical inspections 6-77 Nuisances. See also that subject Abandoned building rubbish, material, etc 12-1(b)(7) Permitting buildings to become dangerous, unsafe, etc12-1(b)(8) Structurally unsound structures, etc. 12-1(b)(6) Numbering of buildings Attachment of numbers to buildings 6-107 Building official Duties 6-108 Removing or defacing 6-111 Required 6-106 Street numbering districts designated 6-109 System of number 6-110 Permits. See herein: Building Permits Plumbing code 6-56 et seq. See: PLUMBING CODE Property maintenance code Adoption 6-120 Amendments 6-121 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 Water shortages Permitting water to be used from fire hydrants for con- struction work 22-39(e)(4) BURNING, OPEN Fire prevention and life safety 7-36 Supp. No. 37 2107 ATLANTIC BEACH CODE Section 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 Fire prevention and life safety Permits and certificates 7-38 Land development regulations Concurrency management system Projects not requiring a concurrency certificate 24-276 Subdivision and site improvement regulations Issuance of certificate of completion 24-235 CESSPOOLS Constructing 22-73 CHARITABLE CONTRIBUTIONS City funds use for prohibited 2-2 CHARITABLE SOLICITATIONS. See: SOLICITORS, PED- DLERS, ETC. CHARTER Defined 1-2 CHICKENS. See also: ANIMALS AND FOWL Keeping chickens or poultry 4-7 CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT CHIEF OF POLICE. See: POLICE DEPARTMENT CHILDREN. See: MINORS Supp. No. 37 2108 CODE INDEX Section CHURCHES Alcoholic beverage establishments, location of 3-6 Loud and raucous noises 11-2 Zoning supplementary regulations 24-153 CIRCUSES Water service, temporary 22-17 CITY ATTORNEY Code enforcement board City attorney shall be counsel to board, etc 2-145 CITY COMMISSION Community development board Certification of plans and recommendations to commission 14-21 Duties re commission 14-20 Defined 1-2 Members appointed by 14-17 Mayor -commissioner Old -age and survivors insurance Execution of agreements by mayor -commissioner 2-242 Meetings Rules of conduct and procedure at 2-19 Special meetings, calling 2-17 Time and place of regular meetings 2-16 Quorum 2-18 Resignation from office; election procedures 2-21 Salary 2-20 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 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 Supp. No. 37 2109 ATLANTIC BEACH CODE Section CODE ENFORCEMENT BOARD (Cont'd.) 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 Seve'ability of paris of code 1-8 Supplementation of code 1-10 Violations General penalty; continuing violations 1-11 COMMERCIAL CORRIDOR DEVELOPMENT Land development regulations; zoning regulations Commercial corridor development standards 24-171 COMMERCIAL VEHICLES Weight requirements for commercial, recreational, etc., ve- hicles 21-22 COMMISSION. See: CITY COMMISSION COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY *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. 37 2110 CODE INDEX Section COMMUNITY DEVELOPMENT BOARD Provisions re 14-16 et seq. See: PLANNING COMPREHENSIVE PLAN Provisions re 14-1 CONCURRENCY MANAGEMENT SYSTEM Regulations for 24-273 et seq. See: LAND DEVELOPMENT REGULATIONS CONFISCATED PROPERTY Disposition of 15-16 et seq. See: POLICE DEPARTMENT CONSERVATION Trees and native vegetation protection 23-1 et seq. See: TREES AND NATIVE VEGETATION PROTECTION 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 regulations 24-31 et seq. See: LAND DEVELOPMENT 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 CONTROLLED SUBSTANCES. See: DRUGS CORPORATIONS Definition of "person" to include corporation COUNTY. See: DUVAL COUNTY 1-2 COURTS Confiscated or lost property Provisions re county court 15-16 et seq. Police training Additional court costs assessed for 15-1 COWS, CATTLE Maintaining stable 4-7 CROSSWALKS Abandoned, wrecked, junked, etc., vehicles Leaving unattended on crosswalk 21-25(a)(1) Supp. No. 37 2111 ATLANTIC BEACH CODE Section CROSSWALKS (Cont'd.) Stopping, standing or parking vehicle on or within cross- walks 21-17(5), (6) CRUELTY TO ANIMALS Generally 4-5 CURFEW Provisions re minors in public places 13-153 et seq. See: MINORS D DEATHS OF CITY EMPLOYEES Retirement system provisions 2-283, 2-284 See also: OFFICERS AND EMPLOYEES DEFACING PROPERTY, ETC. Building numbers Removing or defacing 6-111 Public sewers Defacing, damaging, etc. 22-57 Streets, sidewalks and other public places Digging into, defacing, etc., streets, avenues, driveways, etc 19-2 DEPARTMENTS AND OTHER AGENCIES OF CITY City commission 2-16 et seq. See: CITY COMMISSION Code enforcement board 2-141 et seq. See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See. FLANN1NG Definition 1-2 Department of finance 2-71 et seq. See: FINANCES Department of public utilities 2-84 et seq. See: UTILITIES Department of public works 2-79 et seq. See: PUBLIC WORKS AND IMPROVEMENTS Fire department 2-61 et seq. See: FIRE DEPARTMENT Lifeguard division 2-63 Local planning agency 14-22 Nuisance control board 2-161 et seq. See: NUISANCES Officers and employees. See that subject Board of trustees of city employee's retirement system 2-264 et seq. Police officers' retirement system board of trustees 2-303 et seq. Police department 2-51 et seq. See: POLICE DEPARTMENT Reappointment to boards and committees 2-131 Supp. No. 37 2112 CODE INDEX DEPARTMENTS AND OTHER AGENCIES OF CITY (Cont'd.) Tree conservation board Zoning administration See: LAND DEVELOPMENT REGULATIONS Section 23-19, 23-20 24-46 et seq. DEVELOPMENT Community development board 14-16 et seq. See: PLANNING DISABLED PERSONS City employees retirement system Disability retirement 2-279, 2-280 See also: OFFICERS AND EMPLOYEES Police officers' retirement system Disability retirement Continuation subject to re-examination; return to em- ployment 2-310.9 General conditions for eligibility 2-310.8 DISASTERS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by fires, floods, etc. 14-20(12) DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING DISEASES, DISEASE CONTROL Rabies 4-1 et seq. See: ANIMALS AND FOWL DISTRICTS Community development board Replanning, reconstructing, etc., of districts damaged by fire, earthquake, etc. 14-20(12) Flood hazard districts 8-1 et seq. See: FLOOD HAZARD DISTRICTS Zoning districts 24-101 et seq. See: LAND DEVELOPMENT REGULATIONS DISTURBANCES OF THE PEACE Animals and fowl Dogs or cats disturbing the peace generally 4-27 DOGS Regulated 4-21 et seq. See: ANIMALS AND FOWL DRAINAGE Mobile home parks and recreational vehicle parks Designed for drainage of surface water Nuisances Abatement of nuisances, etc. See: NUISANCES Supp. No. 37 2113 10-2 ATLANTIC BEACH CODE Section DRAINAGE (Cont'd.) Nuisances (Cont'd.) Allowing or permitting stagnant water to accumulate upon surface of ground 12-1(b)(4) Discharge of water from water -source heat pumps into storm drainage systems 12-1(b) Sewers Building sewers and connections Foundation drains, surface runoff, etc. 22-108 Discharging groundwater, subsurface drainage, etc., into sanitary sewers 22-127 DRIVEWAYS Abandoned, wrecked, junked, etc., vehicles Left unattended in front of driveways 21-25(a)(1) Building sewers and connections Foundation drains, surface runoff, etc 22-108 Digging up driveways, streets, etc 19-2 Public sewers, use of Discharging stormwater, etc., into storm sewers or natural outlets 22-128 Discharging subsurface drainage, groundwater, etc., into sanitary sewers 22-127 Stopping, standing and parking vehicles in driveways 21-17(2) Subdivision and site improvement regulations Design and construction standards 24-253 Water shortages Washing of driveways 22-39(e) DRUGS (Cocaine, marijuana, hashish, controlled substances, etc.) Drug paraphernalia Definitions 13-4 Sale, display, etc., of paraphernalia 13-5 DUVAL COUNTY Definition of "county" 1-2 E EARTHQUAKES Community development board Duties of board re replanning, reconstruction, etc., of areas damaged by earthquakes 14-20(12) EASEMENTS Subdivision and site improvement regulations Design and construction standards Beach access easements Abandonment or vacation of prohibited 24-254(f) Drainage and watercourses 24-254(b) No city expense 24-254(e) Supp. No. 37 2114 CODE INDEX Section EASEMENTS (Cont'd.) Subdivision and site improvement regulations (Cont'd.) Design and construction standards (Cont'd.) Other drainage easements 24-254(c) Pedestrian and service easements 24-254(d) Utilities 24-254(a) Wastewater system, powers and authority of inspectors Provisions re easements 22-154 Waterworks system Granting necessary easements by consumer 22-18 ELECTRICAL CODE Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Electrical inspections Fees 6-37 Electrical permits Fees 6-37 Inspections. See herein: Electrical Inspections Mobile home parks and recreation vehicle parks Electric wiring to comply with electrical code 10-2(4) Permits. See herein: Electrical Permits ELECTRICITY Public service tax on electricity 20-16 et seq. See: TAXATION EMERGENCIES Beaches, closing during emergencies 5-1 Comprehensive emergency management plan 2-400 et seq. See: EMERGENCY MANAGEMENT Noise provisions; exceptions 11-5 Stopping, standing or parking of vehicles for emergency repairs 21-21(2) Waterworks system Right of city to restrict use of water in cases of emergency 22-36 Water shortages 22-39 EMERGENCY MANAGEMENT Comprehensive emergency management plan Administrative rules 2-408 Authority to declare states of local emergency 2-403 Definition of emergency 2-402 Effect and purpose of state of local emergency 2-406 Emergency management plans 2-405 Limit of authority 2-407 Penalties 2-409 Proclamation 2-404 To activate 2-405 Term 2-404 Violation 2-409 Overcharging prohibited 2-400 Supp. No. 37 2115 ATLANTIC BEACH CODE Section EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND EN- CLOSURES ENVIRONMENTAL AND NATURAL RESOURCE REGULA- TIONS Land development regulations Protection of wetland, marsh and waterway resources 24-271 et seq. Wellhead protection 24-262 et seq. See: LAND DEVELOPMENT REGULATIONS ESTATES Definition of "person" to include estate 1-2 EXCAVATIONS Abandoned wells, excavations, etc. Nuisance provisions 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES 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 Supp. No. 37 2116 CODE INDEX Section 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 Zoning regulations for fences, walls and similar structures Corner lots 24-157(c) Height and location 24-157(b) Maintenance of fences 24-157(e) Permit required 24-157(a) Structures similar to fences 24-157(d) FIDUCIARIES Definition of "person" to include fiduciaries 1-2 FILTH Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES 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 Supp. No. 37 2117 ATLANTIC BEACH CODE Section FINANCES (Cont'd.) Department of finance (Cont'd.) Functions 2-77 Director of finance. See herein: Department of Finance Dishonored checks 2-317 Encumbrances 2-315 Fees paid to city government 2-316 Fiscal year 2-311 Purchasing 2-331 et seq. See: PURCHASES, PURCHASING Service and user charges Authorization 2-367 Fees and charges 2-368 Taxation 20-16 et seq. See: TAXATION Transfers of appropriations 2-313 Uniform travel policy and procedure 2-356 et seq. See: TRAVEL User charges. See herein: Service and User Charges FINANCING OF HOUSING Discrimination in See also: FMR HOUSING FINES, FORFEITURES AND PENALTIES. See also specific subjects General penalty; continuing violations Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code 9-22 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) Supp. No. 37 2118 CODE INDEX Section FIRE HYDRANTS (Cont'd.) 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 Building permits 7-32 Burning, open 7-36 Codes Adopted 7-18 Modifications 7-42 Compliance 7-23 Dangerous conditions Notice to eliminate 7-21 Compliance 7-23 Summary abatement 7-26 Definitions 7-17 False silent alarms 7-41 Fees 7-30 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 Supp. No. 37 2119 ATLANTIC BEACH CODE Section FIRE PREVENTION AND PROTECTION (Cont'd.) Fire prevention and life safety (Cont'd.) 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 regulations Replacement of lawfully existing residential uses includ- ing fire -damaged buildings 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 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 Supp. No. 37 2120 CODE INDEX Section 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 Local floodplain administrator 8-21 Duties and responsibilities 8-22 Objectives 8-4 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 Supp. No. 37 2121 2-297 ATLANTIC BEACH CODE FRAUD (Cont'd.) Uniform travel policy and procedure Fraudulent claims G Section 2-366 GARAGE SALES Flea markets by definition re; prohibited 13-11 Zoning regulations Outdoor display, sale and storage of furniture, household items, merchandise outside of enclosed buildings 24-154 GARBAGE AND REFUSE Beaches, leaving refuse on 5-4 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Nuisances. See also that subject Abandoned building material, building rubbish, etc. 12-1(b)(7) Abandoned debris, etc. 12-1(b)(6) Depositing garbage, etc 12-1(b)(2) Depositing rubbish 12-1(b)(3) Public sewers, use of Limitations on discharge concentrations or quantities 22-130 Prohibited discharges of unground garbage, etc 22-129(4) Recyclable materials. See also herein: Solid Waste Provi- sions 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) Supp. No. 37 2122 CODE INDEX Section GLASS (Cont'd.) 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 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 22-108 Discharging water from heat pumps, nuisance provisions12-1(b) Abatement of nuisances, etc. See: NUISANCES Public sewers, use of Discharging unpolluted waters from heat pumps into sanitary sewers 22-127 Waterworks system Water shortages Watering lawns by heat pumps 22-39(b) HEIGHT Zoning height regulations Exceptions to height limitations 24-156 HEIGHT LIMITS Signs and advertising structures Calculation of permitted sign size 17-63 HERITAGE TREES. SEE: TREES AND NATIVE VEGETA- TION PROTECTION Supp. No. 37 2123 ATLANTIC BEACH CODE Section HISTORIC CORRIDORS AND HERITAGE TREES Trees and native vegetation protection 23-1 et seq. See: TREES AND NATIVE VEGETATION PROTECTION HOGS Keeping hogs 4-7 HOME OCCUPATIONS Zoning regulations 24-159 HOMESTEAD EXEMPTION Taxation provisions 20-81 et seq. See: TAXATION HORNS Loud and raucous noises 11-2 HORSES Maintaining stables 4-7 HOTELS Dogs in hotels to be muzzled, leashed, etc 4-25 HOUSING Fair housing 9-16 et seq. See: FMR HOUSING Mobile homes 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES Solid waste and recycling Franchise agreements Residential and commercial solid waste collection fran- chise 16-12 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 Supp. No. 37 2124 CODE INDEX Section IMPROVEMENTS Community development board List of recommended capital improvements 14-20(6) Recommending improvements for city 14-20(11) Land development regulations Concurrency management system and proportionate fair - share Timing and completion of required public facility im- provements 24-278 Subdivision and site improvement regulations Required improvements 24-221 et seq. See also: LAND DEVELOPMENT REGULATIONS 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 See: TRAFFIC L 21-24 et seq. LAKES. See: WATERCOURSES, WATERWAYS LAND DEVELOPMENT REGULATIONS Concurrency management system Administrative responsibility 24-274 Applicability 24-275 Application and review and approval requirements 24-277 Supp. No. 37 2125 ATLANTIC BEACH CODE Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Concurrency management system (Cont'd.) Capacity and level of service inventory Potable water 24-279(b) Recreation and open space 24-279(e) Sanitary sewer 24-279(a) Solid waste disposal 24-279(c) Stormwater and drainage 24-279(d) Projects not requiring a concurrency certificate 24-276 Purpose and intent 24-273 Timing and completion of required public facility improve- ments 24-278 Definitions. See herein: Language and Definitions Environmental and Natural Resource Regulations Protection of wetland, marsh and waterway resources Definitions 24-271 Environmental assessment, protection of wetlands, en- vironmentally sensitive areas Buffers required from wetlands 24-272(c) Environmental assessment required 24-272(a) Exceptions to the upland buffer requirements 24-272(d) Maintenance and permitted activities within upland buffers 24-272(e) Restoration, enhancement, mitigation, recovery plan 24-272(b) Purpose and intent 24-270 Wellhead protection Authority and responsibilities of the city 24-269 Definitions 24-263 Establishing and mapping wellhead protection areas24-264 Investigations and monitoring 24-265 NoLite of release oi spill of con,aminants in wellhead protection areas 24-268 Prohibitions in wellhead protection areas 24-266 Purpose and intent 24-262 Requirements within wellhead protection areas 24-267 General Adoption and authority 24-1 Amendments 24-4 Jurisdiction 24-3 Legal status and consistency with the comprehensive plan 24-5 Purpose and intent 24-2 Language and definitions Construction of language 24-16 Definitions 24-17 Subdivision and Site Improvement Regulations Application procedure Applicability 24-201(b) General requirements 24-201 Proposed plat review and approval Information required for review 24-204(b) Supp. No. 37 2126 CODE INDEX Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Subdivision and Site Improvement Regulations (Cont'd.) Application procedure (Cont'd.) Proposed plat review and approval (Cont'd.) Purpose and intent 24-204(a) Review and approval procedure 24-202 Review of proposed plat or changes to previously re- corded plat Final approval required before commencing construc- tion 24-203(e) Preliminary engineering drawings 24-203(b) Preparation 24-203(a) Review process 24-203(c) Time limit 24-203(d) Unlawful division of land 24-201(a) Assurance for completion and maintenance of improve- ments Commencement of construction 24-231 Inspections 24-234 Issuance of certificate of completion 24-235 Maintenance security 24-233 Performance security Cash deposit 24-232(1) Personal bond with letter of credit 24-232(2) Surety bond 24-232(3) Design and construction standards Blocks Block lengths 24-255(b) General 24-255(a) Centralized sewer and water services 24-260 Clearing and grading of rights-of-way 24-259 Driveways 24-253 Easements Beach access easements Abandonment or vacation of prohibited 24-254(0 Drainage and watercourses 24-254(b) No city expense 24-254(e) Other drainage easements 24-254(c) Pedestrian and service easements 24-254(d) Utilities 24-254(a) General requirements 24-251 Conformity to city policies 24-251(a) General construction methods 24-251(d) Soil and flood hazards 24-251(c) Use of natural features 24-251(b) Lots Building restriction lines 24-256(0 Dimensions 24-256(b) Double frontage lots 24-256(e) General 24-256(a) Supp. No. 37 2127 ATLANTIC BEACH CODE Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Subdivision and Site Improvement Regulations (Cont'd.) Design and construction standards (Cont'd.) Lots (Cont'd.) Residential corner lots 24-256(c) Street access 24-256(d) Provision for required recreation 24-257 Required monumentation Iron pipes 24-258(a) Location and construction 24-258(c) Lot corners 24-258(d) Permanent reference markers 24-258(b) Time of placement 24-258(e) Septic tanks, private wastewater, and on-site sewage treatment and disposal systems Installation of 24-261 Shared driveways 24-253(b) Streets Access to paved streets required 24-252(c) Additional right-of-way and roadway improvements 24-252(e) Arrangement of streets 24-252(b) Concept and principles 24-252(a) Dead-end streets 24-252(j) Intersections of right angles 24-252(g) Minimum right-of-way and paving widths 24-252(i) Private streets providing access to individual lots 24-252(d) Property lines rounded at intersections 24-252(h) Reserve strips prohibited 24-252(f) Street names and house numbers 24-252(k) Generally Final subdivision pint or repiat Exemptions 24-189 Requirements for approval and recording 24-188 Multiple lots and parcels treated as a single develop- ment parcel 24-190 Purpose and intent 24-186 Subdivision and subdivision improvements defined 24-187 Vacating previously recorded subdivision plats 24-192 Waiver 24-191 Conditions of waiver 24-191(b) General 24-191(a) Required improvements Generally 24-221 Wellhead protection; wetlands protection. See herein: Envi- ronmental and Natural Resource Regulations Zoning regulations Administration Appeals Administrative decisions of community development director 24-49(a) Supp. No. 37 2128 CODE INDEX Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) Administration (Cont'd.) Appeals (Cont'd.) Decisions of community development board 24-49(b) Stay of work 24-49(c) City commission 24-46 Community development board 24-47 Community development director 24-48 Notice of public hearings Comprehensive plan amendments 24-51(d) Mailed notice 24-51(a) Published notice 24-51(b) Sign to be posted 24-51(c) Vested rights Appeals 24-50(c) Determination of vested rights 24-50(a) Expiration 24-50(b) Application procedures Amendment and repeal 24-61 Change in zoning district classification 24-62 Development, construction, storage within zoning districts All structures 24-65(c) Temporary construction trailers or structures 24-65(a) Temporary storage structures and uses 24-65(b) Development review and issuance of development permits Approval of site plans 24-67(d) Changes to approved plans 24-67(i) Expiration of approved of construction plans 24-67(f) Expiration of development permits 24-67(g) Failure to continue review process 24-67(e) Procedures 24-67(b) Purpose 24-67(a) Retention of expired plans 24-67(h) Site development plan required 24-67(c) Establishment of districts Central business district (CBD) 24-114 Commercial general districts (CG) 24-111 Commercial limited district (CL) 24-110 Commercial, professional office (CPO) 24-109 Conservation district (CON) 24-103 Intent and purpose 24-101 Light industrial and warehousing districts (LIW) 24-112 Residential, multi -family district (RG -M) 24-108 Residential, single-family district (RS -1) 24-105 Residential, single-family district (RS -2) 24-106 Residential, single-family large lot district (RS -1) 24-104 Residential, two-family district (RG) 24-107 Special purpose district (SP) 24-113 Zoning districts established 24-102 Supp. No. 37 2129 ATLANTIC BEACH CODE Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) Fees Building modification/right-of-way review 24-69(4) Commercial building review 24-69(3) Engineering and review fees 24-69(b) Planning and zoning fees 24-69(a) Pre -application review of construction plans 24-69(1) Residential building review 24-69(2) Revocable encroachment permit 24-69(5) Utilities review fees 24-69(c) General provisions and exceptions Design and construction standards Two-family (duplex) dwellings and townhouse units24-88 Double frontage lots 24-84(a) Garage apartments (as allowed in combination with private garages) 24-89 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) Open space use limitation 24-82(f) Percentage of lot occupancy 24-82(d) Required Lot and occupancy 24-82(g) Short-term rentals prohibited 24-82(1) 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 Continuation 24-85(d)(1) Discontinuance 24-85(d)(3) Relocation or expansion 24-85(d)(2) Residential uses Replacement of lawfully existing residential uses dam- aged, destroyed by fire, weather related or unin- tended acts Multi -family dwellings 24-87(c) Single-family dwellings 24-87(a) Two-family dwelling 24-87(b) Special treatment of lawfully existing uses affected by future amendments or land development regula- tions Amendments to the land development regulations . 24-86(b) Supp. No. 37 2130 CODE INDEX LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) General provisions and exceptions (Cont'd.) Residential uses (Cont'd.) Special treatment of lawfully existing uses affected by future amendments or land development regula- tions (Cont'd.) Changes to the official zoning map Rules for determining boundaries Yards, required; permitted projections Mechanical equipment Required yards Structural projections Land clearing and alteration of site grade or topography Landscaping Applicability Definitions Landscape plan required Vehicular use area interior landscaping requirements Criteria for distribution Incompatible or different use classifications Buffers required between Intersection visibility Landscape design standards Maintenance and protection of landscaping Open to the public Perimeter landscaping requirements Driveways to adjoining lots Driveways to streets Existing landscape screen Perimeter landscaping adjacent to lot lines Street frontage landscaping Specialized vehicular use areas closed to the public Scope Special Planned Area District (SPA) Defined Development standards and criteria Effect on previously approved PUDs Expiration of time limits provided in ordinance Master site development plan required Modifications to previously approved districts or master site development plans, or PUDs Permitted uses and site requirements Platting Purpose and intent Required Rezoning to special planned area district Materials to accompany application Ownership and commitment information Procedure Supp. No. 37 2131 Section 24-86(a) 24-81 24-83(c) 24-83(a) 24-83(b) 24-68 24-177(a) 24-176 24-177(b) 24-177(c)(3) 24-177(e) 24-177(h) 24-177(f) 24-177(g) 24-177(c)(1) 24-177(d)(5) 24-177(d)(4) 24-177(d)(3) 24-177(d)(2) 24-177(d)(1) 24-177(c)(2) 24-31 24-117 24-121 24-126 24-125 24-122 24-124 24-119 24-123 24-116 24-118 24-120(c) 24-120(b) 24-120(a) ATLANTIC BEACH CODE LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) Stormwater, drainage, storage and treatment require- ments Enforcement Floodplain storage Minor waivers to impervious surface area limits NPDES requirements On-site storage Stormwater treatment Topography and grading Supplementary regulations Accessory uses and structures Authorization By zoning district In any zoning district; except as to private swimming pools Within all residential zoning districts Boats and watercraft Damage to, destruction of environmentally sensitive areas Intent Live -aboard vessels prohibited Private property rights Public docks and anchoring and mooring restrictions Unlawful to discharge Buffers Required between residential and nonresidential uses Child care Churches Commeiciai lUliidoi development standards Building form and finish materials Delineation of commercial corridors Fences Intent Landscaping and required buffers Lighting Signs Dumpsters, garbage containers and refuse collection areas and above -ground tanks Establishments offering live entertainment Exceptions to height limitations Fences, walls and similar structures Corner lots Height and location Maintenance of fences Permit required Structures similar to fences Home occupations Approved in accordance with section 24-63 Supp. No. 37 2132 Section 24-66(f) 24-66(c) 24-66(g) 24-66(e) 24-66(b) 24-66(d) 24-66(a) 24-151(a) 24-151(b) 24-151(b)(2) 24-151(b)(1) 24-174(c) 24-174(a) 24-174(e) 24-174(f) 24-174(d) 24-174(b) 24-167 24-152 24-153 24-171(c) 24-171(b) 24-171(f) 24-171(a) 24-171(g) 24-171(e) 24-171(d) 24-160 24-155 24-156 24-157(c) 24-157(b) 24-157(e) 24-157(a) 24-157(d) 24-159(b) CODE INDEX LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) Supplementary regulations (Cont'd.) Home occupations (Cont'd.) Intent Land clearing, tree removal or damage to existing trees and vegetation Neighborhood preservation and property maintenance standards Appropriate maintenance and upkeep Purpose and intent Off-street parking and loading Additional requirements for multi -family residential uses Bicycle parking Design requirements General requirements and limitations for parking areas Location of required off-street parking spaces Measurement Off-street loading spaces Parking areas and tree protection Parking space requirements Plans required Purpose and intent Uses not specifically mentioned Outdoor display, sale, storage of furniture, etc.; business activities outside of enclosed buildings Parking lots Repair of vehicles in residential zoning districts Residential development standards Additional standards Height to wall plate Requests to vary from residential development stan- dards Shade trees Side wall planes Special treatment for certain existing single-family and two-family dwellings Third floor footprint Applicability Purpose and intent Service stations Access to site Lighting Location of pumps and structures Lot dimensions Signs Supp. No. 37 2133 Section 24-159(a) 24-168 24-173(b) 24-173(a) 24-161(j) 24-161(k) 24-161(g) 24-161(b) 24-161(0 24-161(d) 24-161(i) 24-161(1) 24-161(h) 24-161(c) 24-161(a) 24-161(e) 24-154 24-162 24-163 24-172(c)(2) 24-172(e) 24-172(c)(4) 24-172(c)(1) 24-172(d) 24-172(c)(3) 24-172(b) 24-172(a) 24-165(b) 24-165(d) 24-165(c) 24-165(a) 24-166 ATLANTIC BEACH CODE Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) Supplementary regulations (Cont'd.) Storage and parking Commercial vehicles and recreational vehicles and equipment 24-163 Swimming pools Fences 24-164(c) Lights 24-164(a) Setbacks 24-164(b) Use -by -exception 24-63 Variances Application 24-64(a) Approval of a variance 24-64(e) Approval of lesser variances 24-64(e) Grounds for approval of a variance 24-64(d) Grounds for denial of a variance 24-64(c) Nearby nonconformity 24-64(f) Public hearing 24-64(b) Time period to implement variance 24-64(h) Transferability 24-64(i) Waiting period for re -submittal 24-64(g) LANDSCAPING Zoning provisions re 24-176 et seq. See: LAND DEVELOPMENT REGULATIONS LAWNS Waterworks system Water shortages; irrigation of lawns 22-39 LEASHING DOGS Provisions re 4-25 LICENSES AND PERMITS Alcoholic beverages Persons not holding licenses to sell 3-3 Building code Schedule of building permit fees 6-26 Building sewers and connections, permits 22-102, 22-103 Charitable solicitations 18-2 et seq. See: SOLICITORS, PEDDLERS, ETC. Development permits Flood hazard areas 8-23 et seq. See: FLOOD HAZARD AREAS Zoning regulations 24-67 See: LAND DEVELOPMENT REGULATIONS Digging up streets Permit required of public utilities 19-2 Franchise agreements 16-12 et seq. See: SOLID WASTE AND RECYCLING Supp. No. 37 2134 CODE INDEX Section LICENSES AND PERMITS (Cont'd.) 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 LIENS Code enforcement board, provisions re liens 2-149, 2-150 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) 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 14-22 See also: PLANNING LOITERING Provisions re LOST PROPERTY Disposition of by police See: POLICE DEPARTMENT 13-2 15-16 LOTS Land development regulations Concurrency management system 24-273 et seq. Supp. No. 37 2135 ATLANTIC BEACH CODE Section LOTS (Cont'd.) Land development regulations (Cont'd.) Environmental and natural resource regulations 24-262 et seq. Generally 24-1 et seq. Subdivision and site improvement regulations 23-286 et seq. Zoning regulations 24-31 et seq. See: LAND DEVELOPMENT REGULATIONS 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 LOUDSPEAKERS Alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 M MAGAZINES Obscene matter prohibited 13-6 MAIL Definition of "registered mail" 1-2 MAPS Community development board Recommending proposed changes in official map of city 14-20(3) Land development realations Subdivision and site improvement regulations 23-286 et seq. Zoning regulations 24-31 et seq. See: LAND DEVELOPMENT REGULATIONS MARIJUANA. See: DRUGS MAYOR -COMMISSIONER. See: CITY COMMISSION MECHANICAL CODE Adoption 6-76 Inspection fee 6-77 METERS Water meters 22-19 et seq. See: WATERWORKS SYSTEM MILITARY City employees retirement system Military service credit 2-275 MINORS Definition of "person" to include children 1-2 Supp. No. 37 2136 CODE INDEX Section MINORS (Cont'd.) 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 Storage and parking of commercial vehicles and recre- ational vehicles and equipment 24-163 See also: LAND DEVELOPMENT REGULATIONS MONTH Defined 1-2 MOSQUITOES Nuisances enumerated Preventing propagation of mosquitoes 12-1(b)(4) Abatement of nuisances, etc. See: NUISANCES 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 Supp. No. 37 2137 ATLANTIC BEACH CODE Section MOTOR VEHICLES AND OTHER VEHICLES (Cont'd.) 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 Repair of vehicles in residential zoning districts 24-163 Traffic regulations 21-1 et seq. See: TRAFFIC Water shortages Washing of vehicles 22-39(e) MULES Maintaining stable 4-7 MUZZLES Dogs 4-25 N NATIONAL ORIGIN Discrimination because of, fair housing 9-16 et seq. See: FAIR HOUSING NATIVE VEGETATION. See: TREES AND NATIVE VEGETA- TION PROTECTION 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 Loudspeakers, alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(b)(5) Others held responsible 11-4 Supp. No. 37 2138 CODE INDEX NOISE (Cont'd.) Penalties Section 11-6 Usual and customary noise 11-3 NONCONFORMING LOTS, USES AND STRUCTURES Nonconforming signs and waiver to certain provisions 17-51 et seq. See: SIGNS AND ADVERTISING STRUCTURES Zoning requirements 24-85 See also: LAND DEVELOPMENT REGULATIONS NUISANCES Abandoned, wrecked, junked, or inoperative property, etc. Declared nuisance 21-24(b) Abatement of conditions 12-2 Animals and fowl, nuisance provisions 4-4 et seq. See: ANIMALS AND FOWL Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Enumerated 12-1 Notices, hearings, abatement of conditions 12-2 Nuisance control board Complaints 2-167 Created 2-161 Declaration of public nuisance 2-167 Hearings 2-167 Membership 2-162 Permanent injunctions 2-168 Restrictions 2-169 Public sewers, use of Prohibited discharges creating public nuisance 22-129(2) NUMBER Defined 1-2 NUMBERING OF BUILDINGS Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS NUMBERING OF MOBILE HOME SPACES, ETC. Requirements for mobile home parks and recreational vehi- cle parks 10-2(7) 0 OATH Code enforcement board's power to take testimony under oath Defined OBSCENITY. See: INDECENCY AND OBSCENITY Supp. No. 37 2139 2-148 1-2 ATLANTIC BEACH CODE Section 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 12-1(b)(5) Public sewers, use of Limitations on discharge concentrations or quantities Waters or wastes containing odor -producing substances 22-130(6) OFFENSES Miscellaneous offenses and regulations 13-1 et seq. Specific penalties, remedies, etc. See specific offenses as indexed alphabetically according to subject OFFICERS AND EMPLOYEES Benefits of employees 2-241 et seq. See also herein specific subjects Board of trustees of city employee's retirement system. See herein: Retirement System Building official 6-108 et seq. See: BUILDINGS AND BUILDING REGULATIONS Chief of fire department 7-17 et seq. See: FIRE DEPARTMENT Chief of police 2-51 et seq. See: POLICE DEPARTMENT Compensation, salaries, etc. Certain ordinances saved from repeal 1-5 Deaths Retirement system. See herein that subject Defense of civil actions against; payment of judgments or settlements 2-1 Definition 1-2 Supp. No. 37 2140 CODE INDEX OFFICERS AND EMPLOYEES (Cont'd.) Director of finance See: FINANCES Director of public safety Disability retirement Retirement system. See herein that subject Insurance Old -age and survivors insurance. See herein that subject Joint authority Defined Life guard captain Local floodplain administrator Old -age and survivors insurance Appropriations and payment of contributions by city Custodian of funds and withholding and reporting agent Designation of Exclusions Executive of agreements by mayor -commissioner Records and reports Social Security Act, acceptance of Statement of policy Withholdings from wages Pensions Old -age and survivors insurance. See herein that subject Retirement system. See herein that subject Retirement system Assignments prohibited Benefit groups Benefit limitations and required distributions Board of trustees Actuarial data; report to city commission Compensation Composition Meetings, quorum, voting Responsibilities and duties generally Term of office; oath of office Vacancy, filling Voting Chairperson, secretary, treasurer, etc City contribution Created, purpose Credited service Loss of credited service Military service credit Reinstatement of credited service Death while in city employment Automatic pension to spouse and/or children Elective survivor pension Deferred retirement upon separation from employment (vesting) Supp. No. 37 2141 Section 2-71 et seq. 2-41 1-2 2-63 8-21 2-244 2-248 2-246 2-242 2-245 2-247 2-241 2-243 2-295 2-263 2-299 2-265 2-269 2-266 2-269 2-264 2-267 2-268 2-269 2-270 2-288 2-261 2-272 2-273 2-275 2-274 2-283, 2-284 2-284 2-283 2-278 ATLANTIC BEACH CODE Section OFFICERS AND EMPLOYEES (Cont'd.) Retirement system (Cont'd.) Definitions 2-262 Disability retirement Continuation subject to re-examination; return to em- ployment 2-280 General conditions for eligibility 2-279 Errors 2-296 Expenses of administering system 2-292 Fraud, protection against 2-297 Investment of retirement system assets 2-290 Level straight life pension, amount of 2-281 Member contributions 2-298 Membership generally 2-271 Method of making payments 2-294 IYlilitary service credit 2-275 Normal retirement date and payment date 2-277 Officers and employed services 2-270 Optional forms of pension payment 2-282 Police officers' retirement system Alternate death while in city employment; pension to spouse and/or children 2-310.13 Assignments prohibited 2-310.20 Benefit groups 2-302 Benefit limitations and required distributions 2-310.28 Board of trustees Actuarial data; report to city commission 2-304 Composition 2-305 Meetings; quorum; voting; compensation 2-308 Responsibilities and duties generally 2-303 of ofce; oa;i of office 2-30b Vacancy; filling of vacancy 2-307 Calculation of pension benefit 2-310.10 City contribution 2-310.16 Claim review procedure 2-310.25 Created, purpose 2-300 Credited service 2-310.1 Death while in city employment; elective survivor pen- sion 2-310.12 Deferred retirement upon separation from employment (vesting) 2-310.7 Definitions 2-301 Denial of benefits 2-310.24 Disability retirement Continuation subject to re-examination; return to employment 2-310.9 General conditions for eligibility 2-310.8 Errors 2-310.21 Exhaustion of claims review procedure 2-310.26 Expenses 2-310.18 Supp. No. 37 2142 CODE INDEX Section OFFICERS AND EMPLOYEES (Cont'd.) Retirement system (Cont'd.) Police officers' retirement system (Cont'd.) 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 Off-street parking and loading Zoning regulations 24-161 et seq. See: LAND DEVELOPMENT REGULATIONS 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 OPEN BURNING Fire prevention and life safety 7-36 ORDINANCES Code of ordinances 1-1 et seq. See: CODE OF ORDINANCES Supp. No. 37 2143 ATLANTIC BEACH CODE OWNER Defined Solid waste and recycling Franchise agreements Ownership of recyclable materials P PARADES AND PROCESSIONS Noise provisions; exceptions Permits required for Section 1-2 16-26 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 regulations 24-161 et seq. See: LAND DEVELOPMENT REGULATIONS PARKING LOTS Loitering in public places, etc. 13-2 Water shortages Washing of parking lots 22-39(e) Zoning requirements for vehicular use area interior land- scaping requirements 24-177(c) 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 PARTNERSHIPS Definition of "person" to include partnerships 1-2 PEDDLERS. See: SOLICITORS, PEDDLERS, ETC. Supp. No. 37 2144 CODE INDEX PEDESTRIANS Obstruction of passage of pedestrians PENSIONS Retirement system for city employees See: OFFICERS AND EMPLOYEES PERMITS. See: LICENSES AND PERMITS PERSON Defined Section 13-2 2-281 et seq. 1-2 PICTURES Obscene matters prohibited 13-6 PLANNED UNIT DEVELOPMENT Zoning regulations Special Planned Area District 24-117 et seq. See: LAND DEVELOPMENT REGULATIONS PLANNING Community development board Appeals Certification of board actions to the city manager Composition Cost Created Duties Enforcement; penalties Legal proceedings Local planning agency Officers Petition of illegality Powers Proceedings of the board Qualifications of members Removal of members Terms of office of members Vacancies, filling Comprehensive emergency management plan See: EMERGENCY MANAGEMENT Comprehensive plan PLATS AND PLATTING Subdivision and site improvement regulations See: LAND DEVELOPMENT REGULATIONS PLATS, PLATTING Code enforcement board's power to subpoena surveys, plats, etc. PLUMBING CODE Building sewers and connections Conformance with plumbing code Supp. No. 37 2145 14-24 14-21 14-17 14-26 14-16 14-20 14-27 14-28 14-22 14-17 14-25 14-20 14-23 14-17 14-19 14-18 14-18 2-400 et seq. 14-1 24-186 et seq. 2-148 22-106 ATLANTIC BEACH CODE Section PLUMBING CODE (Cont'd.) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Mobile home parks and recreational vehicle parks Plumbing to comply with plumbing code 10-2(5) Permits Determination of ownership of secondhand fixtures prior to issuance 6-58 Fees 6-59 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 De,truction 15-20 Firearms 15-22 Hours of sales 15-19 Notice of sales 15-18 Sale of confiscated property 15-16 Sale of lost and found property 15-17 Transfer of unclaimed or confiscated property Transfer for use by city or other governmental agency . 15-21 Director of public safety Supervision of police department 2-41 Minors on streets and in public places, procedures 13-157 Powers and authority of deputies and chief 2-53 Retirement system 2-300 et seq. See: OFFICERS AND EMPLOYEES Rotating wrecker call list, establishment of 21-50 See: WRECKER SERVICE POLLUTION Building sewers and connections Disposal of polluted surface drainage Supp. No. 37 2146 22-108 CODE INDEX Section POLLUTION (Cont'd.) Public sewers Discharging polluted waters into natural outlets, etc. 22-72 PRECEDING, FOLLOWING Defined 1-2 PRIVIES, PRIVY VAULTS Constructing 22-73 PROPERTY Abandoned, wrecked, junked or inoperative property, etc. Declared unlawful; exception; nuisance declared 21-24 Confiscated or lost property Disposition of 15-16 et seq. See: POLICE DEPARTMENT Dogs or cats damaging property 4-26 Insurance premium taxes Property insurance 20-77 Motor vehicle title loans 21-60 et seq. See: TITLE LOANS Property maintenance code Adoption 6-120 Amendments 6-121 Property maintenance standards Zoning regulations 24-173 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES PUBLIC SAFETY Director of public safety 2-41 Fire department 2-61 et seq. See: FIRE DEPARTMENT Fire prevention and life safety 7-16 et seq. See: FIRE PREVENTION AND PROTECTION Police department 2-51 et seq. See: POLICE DEPARTMENT PUBLIC SERVICE TAX Provisions re 20-16 et seq. See: TAXATION PUBLIC UTILITIES Department of 2-84 et seq. See: UTILITIES PUBLIC WORKS AND IMPROVEMENTS Community development board 14-16 et seq. See: PLANNING Department of public works Created 2-79 Director of public works/city engineer Appointment, compensation 2-80 Supp. No. 37 2147 ATLANTIC BEACH CODE PUBLIC WORKS AND IMPROVEMENTS (Cont'd.) Department of public works (Cont'd.) Director of public works/city engineer (Cont'd.) Duties generally Section 2-81 Duties, other 2-83 PURCHASES, PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting 2-332 Opening procedure 2-334 When required 2-331 Open market procedures 2-337 Payments 2-339 Scope of purchasing authority 2-338 RABIES Animals and fowl, rabies provisions 4-1 et seq. See: ANIMALS AND FOWL RACIAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RADIOACTIVE WASTES OR ISOTOPES Public sewers, use of Limitations on discharge concentrations or rrnantities _ 29-130(7) RADIOS Loud and raucous noises 11-2 REAL ESTATE BROKERS Fair housing 9-16 et seq. RECREATIONAL VEHICLES (Campers, travel trailers, boats, etc.) Provisions re 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES REFRIGERATORS Abandoned refrigerators, nuisance provisions 12-1(b)(6), (7) Abatement of nuisances, etc. See: NUISANCES REFUSE. See: GARBAGE AND REFUSE REGISTRATION Charitable solicitation permit regulations re 18-2 Supp. No. 37 2148 CODE INDEX Section RELIGIOUS DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RENTALS Fair housing 9-16 et seq. See: FAIR HOUSING Waterworks system Initial payment of minimum water rental 22-16 REPEAL OF ORDINANCES. See: CODE OF ORDINANCES REPLICA FIREARMS Definitions Possession and use regulated RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS 13-8 13-9 RETIREMENT Retirement system for city employees 2-261 et seq. See: OFFICERS AND EMPLOYEES REWARDS Arsonists Reward for information leading to conviction of 7-2 RIGHTS-OF-WAY Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon any street or right-of-way 21-25(a) Building sewer installations, excavations within public right- of-way 22-111 ROOF DOWNSPOUTS Building sewers and connections Connection of downspouts 22-108 ROOF RUNOFF OF STORMWATER, ETC. Discharging into sanitary sewers 22-127 RUBBISH. See also: GARBAGE AND REFUSE Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES S SAFETY. See: PUBLIC SAFETY SAFETY ZONES Beach safety zones 5-16 et seq. See: BEACHES Roadway safety zones 19-5 SAILBOATS Beaches, regulations for 5-1 et seq. See: BEACHES Supp. No. 37 2149 ATLANTIC BEACH CODE Section SALES Alcoholic beverage sales 3-2 et seq. See: ALCOHOLIC BEVERAGES Confiscated or lost property, disposition of Sale of property 15-16 et seq. See: POLICE DEPARTMENT Drug paraphernalia, sale of 13-5 Fair housing, discrimination in sales 9-17 et seq. See: FAIR HOUSING Standing or parking vehicle for purpose of displaying it for sale 21-21 SCHOOL YARDS Definition of "public place" to include school yards 1-2 SCHOOLS Alcoholic beverage establishments, location of 3-6 Loud and raucous noises 11-2 Sexual predators residency requirement 13-161 SECONDHAND PLUMBING FIXTURES Plumbing permits Determination of ownership of secondhand fixtures prior to issuance 6-58 SEPTIC TANKS Constructing 22-73 SERVICE STATIONS Zoning regulations 24-165 SETBACKS Mobile home parks and recreational vehicle parks Setback requirements 10-2(3) SEVERABILITY OF PARTS OF CODE Provisions re 1-8 SEWERS AND SEWAGE DISPOSAL Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM SEXUAL CONDUCT Sexual predators residency requirement 13-161 SEXUAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING SHAFTS, ABANDONED Nuisances enumerated 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES SHALL; MAY Definition 1-2 Supp. No. 37 2150 CODE INDEX Section SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES SIGNS AND ADVERTISING STRUCTURES Cause for removal of signs, abandoned signs, and prohibited signs Prohibited signs and devices 17-42 Removal of unsafe, damaged or poorly maintained, and abandoned signs 17-41 Abandoned signs 17-41(c) Damaged signs and poorly maintained signs 17-41(b) Unsafe signs 17-41(a) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Definitions and references to other chapters within this Code 17-2 Intent 17-1 "No Solicitation" sign, posting of 18-5 Nonconforming signs and waiver to certain provisions Application 17-62 Calculation of permitted sign size 17-63 Fees 17-64 Nonconforming signs 17-51 Permit required 17-61 Requests to waive certain terms of this chapter 17-52 Residential parking permit signs, posting of 21-27(d) Signs permitted Banner signs 17-33 Exempt signs 17-26 General provisions applying to all permitted signs 17-27 Signs permitted within commercial and industrial zoning districts 17-29 Signs permitted within residential zoning districts 17-28 Signs placed on public buildings and structures and within public parks 17-32 Signs within conservation (CON) zoning districts 17-31 Signs within special purpose (SP) and planned unit devel- opment (PUD) zoning districts 17-30 SLEEPING Loitering, sleeping, etc., in streets, parks, etc 13-2 SMOKE DETECTORS Fire prevention and life safety Smoke detection power source 7-33 SOCIAL SECURITY Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES Supp. No. 37 2151 ATLANTIC BEACH CODE Section SOLICITATION Aggressive solicitation prohibited 13-12 SOLICITORS, PEDDLERS, ETC. Charitable solicitations Books and records, inspection of 18-6 Definitions 18-1 Exceptions 18-8 "No Solicitation" sign, posting of 18-5 Permits Fees 18-3 Fingerprinting required 18-2 Registration required 18-2 Revocation 18-7 Prohibitions 18-4 Regulations generally 18 4 Violations and penalties 18-9 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD 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 piOvisioiis lb -31 Effective date 16-32 Enforcement 16-29 Franchise award procedures 16-14 Franchise fees 16-16 Grant of authority 16-13 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 Puma 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 Term 16-15 Supp. No. 37 2152 CODE INDEX Section SOLID WASTE AND RECYCLING (Cont'd.) Franchise agreements (Cont'd.) Violations and penalties 16-30 Garbage and trash containers 16-3 Hazardous or electronic waste 16-5 Land development regulations Concurrency management system; capacity and level of service inventory Solid waste disposal 24-279(c) Dumpsters, garbage containers and refuse collection areas and above -ground tanks Zoning regulations 24-160 See also: LAND DEVELOPMENT REGULATIONS Leaves and grass clippings; tree trunks 16-4 Removal of lot clearing, contractors' debris; oil and grease16-8 Solid waste collection 16-2 White goods, bulk items and special pickups, procedure and fees for removal 16-9 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 Zoning regulations Development, construction, storage within zoning districts All structures 24-65(c) Temporary construction trailers or structures 24-65(a) Temporary storage structures and uses 24-65(b) Supp. No. 37 2153 ATLANTIC BEACH CODE STORAGE (Cont'd.) Zoning regulations (Cont'd.) Outdoor sale, storage of furniture buildings outside of enclosed Storage and parking of commercial ational vehicles and equipment Stormwater, drainage, storage and ments vehicles and recre- treatment require - Section 24-154 24-163 24-66 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 Land development regulations Concurrency management system; capacity and level of service inventory Stormwater and drainage 24-279(d) Zoning regulations Stormwater, drainage, storage and treatment require- ments 24-66 See also: LAND DEVELOPMENT REGULATIONS STORMWATER MANAGEMENT Billing Collection Comprehensive plan re Customer base Definitions Dire,rtovG Enterprise fund Findings of fact Powers and duties Rates and charges Appeal process Definitions Enforcement Fee schedule Findings of fact Short title Utility fee category Violations and penalties Short title Utility established STREAMS. See: WATERCOURSES, WATERWAYS STREET ADDRESSES Fire prevention and life safety Street address identification Supp. No. 37 2154 22-310 22-310 22-304 22-308 22-303 00 0110 4G JJV 22-309 22-302 22-307 22-337 22-333 22-336 22-335 22-332 22-331 22-334 22-336 22-301 22-305 7-37 CODE INDEX Section STREET ADDRESSES (Cont'd.) 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) 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 streets. 12-1(b)(2) Supp. No. 37 2155 ATLANTIC BEACH CODE STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) Numbering of buildings. See also: BUILDINGS AND BUILD- ING REGULATIONS Assigning street numbers Street numbering districts designated Obstructing passage upon public streets, etc Obstructions to streets Stopping, standing or parking vehicles alongside or oppo- site street excavation or obstruction Opening, accepting, etc. Certain ordinances saved from repeal Public place defined Safety zones Solid waste and recycling Depositing on vacant lots, streets, parks, etc., prohibited; compost piles Special events Closing of streets for various events Stopping, standing or parking vehicle Alongside or opposite street excavation On sidewalks Subdivision and site improvement regulations Design and construction standards Clearing and grading of rights-of-way Easements Streets Subdivision regulations See: LAND DEVELOPMENT REGULATIONS Traffic calming devices Trees and native vegetation protection See: TREES AND NATIVE VEGETATION PROTECTION Vacating Certain ordinances saved from repeal Waterworks system Extensions of water mains in existing streets SUBDIVISIONS Subdivision and Site Improvement Regulations 24-186 et seq. See: LAND DEVELOPMENT REGULATIONS Trees and native vegetation protection 23-1 et seq. See: TREES AND NATIVE VEGETATION PROTECTION SUBPOENAS Code enforcement board's power to subpoena witnesses, records, etc. Section 6-110 6-109 13-2 21-17(7) 1-5 1-2 19-5 16-7 19-4 19-3 21-17(6) 21-17(1) 24-259 24-254 24-252 24-186 et seq. 19-6 23-1 et seq. 1-5 22-38 SUPPLEMENTATION OF CODE Revisions re SURETY BOND. See: BOND, SURETY Supp. No. 37 2156 2-148 1-10 CODE INDEX Section SURFACE WATER. See: DRAINAGE SURFBOARDS Beaches, regulations for 5-1 et seq. Surfboards 5-5 SURVEYS Code enforcement board's power to subpoena surveys, plats, etc. 2-148 Community development board Special survey work of city manager 14-20(10) 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) Zoning regulations for swimming pools 24-164 SYNDICATES Definition of "person" to include syndicates T 1-2 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 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 Supp. No. 37 2157 ATLANTIC BEACH CODE Section TAXATION (Cont'd.) Local business license tax (Cont'd.) 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 TELL 11JNJ TAi 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 TIME, COMPUTATION OF Defined 1-2 TITLE LOANS Definitions 21-60 Maximum interest rate 21-62 Supp. No. 37 2158 CODE INDEX Section TITLE LOANS (Cont'd.) 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 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 Supp. No. 37 2159 ATLANTIC BEACH CODE Section TRAFFIC (Cont'd.) Stopping, standing and parking (Cont'd.) 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 TRAIL -EI s. See: MOBILE HOMES AND R :UltEA1'1OiNAL VEHICLES TRAPPING Trapping birds, wild fowl, etc. 4-4 TRASH. See: GARBAGE AND REFUSE TRAVEL Uniform travel policy and procedure Auditing 2-365 Authority to incur travel and business expenses 2-357 Authorized travel 2-363 Definitions 2-356 Expense forms and regulations 2-359 Fraudulent claims 2-366 Funding 2-358 Reimbursable incidental expenses 2-364 Schedule for meal allowance and accommodations 2-360 Subsistence 2-361 Transportation 2-362 Supp. No. 37 2160 CODE INDEX Section TRAVEL TRAILERS. See: MOBILE HOMES AND RECRE- ATIONAL VEHICLES TREES AND NATIVE VEGETATION PROTECTION Amendments to provisions 23-4 Applicability 23-2 Definitions 23-8 Intent 23-1(b) Land development regulations and comprehensive plan Relationship 23-3 Purpose 23-1(a) Tree and vegetation regulations Administrator 23-13 Appeals Procedure to file an appeal 23-25(a) Stay of work 23-25(b) Areas of special concern Applicability 23-40 Historic corridors and heritage trees Criteria 23-41(b) Designation 23-41(a) Documentation 23-41(c) Mitigation 23-41(d) City commission 23-12 Contagious diseased and pest -infested trees; elimination . 23-36 Elimination of Fees Application 23-26(a) Reinspection 23-26(b) Research or extensive time fees (per hour) 23-26(c) Inspections Final inspection and notice of completion 23-24(a)(3) Initial inspection 23-24(a)(1) Maintenance inspections 23-24(a)(4) Protective barricade inspection 23-24(a)(2) Reinspection fees 23-26(b) Maintenance and monitoring requirements Determination of success 23-34(1) Large-scale projects 23-34(2) Minimum tree requirements 23-30 Mitigation 23-33 Payment in lieu of replacement/relocation 23-37 Permits Amendment 23-23(h) Application required 23-23(a) Compliance review and approval of applications 23-23(d) Fees 23-26(a) Review by other agencies 23-23(c) Sufficiency review of applications 23-23(b) Claims for exemptions; verification may be required 23-22 Supp. No. 37 2161 ATLANTIC BEACH CODE TREES AND NATIVE VEGETATION PROTECTION (Cont'd.) Tree and vegetation regulations (Cont'd.) Permits (Cont'd.) Content Exemptions Expiration Posting Required Revocation By administrator Discontinuance of work Prohibitions Attachments Excessive, improper pruning Pruning, removal of city trees Tree spiking Unauthorized clearing Scope Site preparation Tree conservation trust fund Administration Assets Establishment Terms of existence Tree protection during development and construction Restrictions during construction Adjacent properties Burden of tree protection on property owner Disposal of waste materials Placement of materials, machinery, or temporary soils Protective barriers and signage required Undesirable species; elimination Violations, enforcement and penalties Code enforcement action Notice of violation Penalties Requirement for emergency or immediate corrective action Stop work order Violations TREES AND SHRUBBERY (General) See also: TREES AND NATIVE VEGETATION PROTEC- TION Code enforcement board's jurisdiction re Land clearing, tree removal or damage to existing trees and vegetation Roadway safety zones; planting on Solid waste and recycling Leaves and grass clippings; tree trunks Supp. No. 37 2162 Section 23-23(f) 23-22 23-23(e) 23-23(g) 23-21 23-23(i)(1) 23-23(i)(2) 23-31(d) 23-31(a) 23-31(b) 23-31(c) 23-31 23-11 23-24(b) 23-14(d) 23-14(c), (e) 23-14(a) 23-14(b) 23-32(d) 23-32(b) 23-32(a)(2) 23-32(a)(1) 23-32(c) 23-35 23-50 23-47 23-51 23-49 23-48 23-46 2-146 24-168 19-5 16-4 CODE INDEX Section TREES AND SHRUBBERY (General) (Cont'd.) Waterworks system Water shortages; irrigation of ornamentals, ferns, foliage, etc 22-39 Weight requirements for commercial, recreational, etc., ve- hicles 21-22 Zoning 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 Supp. No. 37 2163 ATLANTIC BEACH CODE Section V VACANT HOUSES Water service Liability of consumer for charges Allowance made for vacant houses 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 Trees and native vegetation protection 23-1 et seq. See: TREES AND NATIVE VEGETATION PROTECTION Water shortages Irrigation of ferns, flowers, ornamentals, etc. 22-39(c) Irrigation of lawns generally 22-39(b) Weeds and brush. See that title VEHICLES. See: MOTOR VEHICLES AND OTHER VEHI- CLES VERMIN Nuisances Permitting buildings to become vermin infested 12-1(b)(8) Abatement of nuisances, etc. See: NUISANCES W WALLS. See: FENCES, WALLS, HEDGES AND ENCLO- SURES 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 Conformance; making gastight and watertight; devia- tions 22-109 Connection of roof downspouts, foundation drains, sur- face runoff, etc. 22-108 Inspections; supervision of connections 22-110 Costs and expenses; indemnification of city against loss, etc 22-101 Elevation 22-107 Supp. No. 37 2164 CODE INDEX Section WASTEWATER SYSTEM (Cont'd.) Building sewers and connections (Cont'd.) Excavations for building sewer installation Barricading, restoring 22-111 Old building sewers, use of 22-105 Permits Classification; application 22-103 Inspections 22-110 Required 22-102 Separate building sewer for each building; exception 22-104 Use of old building sewers 22-105 Charges, classification Sewer user classification rates and charges. See herein that subject Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Concurrency management system; capacity and level of service inventory Sanitary sewer 24-279(a) 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 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 Supp. No. 37 2165 ATLANTIC BEACH CODE Section WASTEWATER SYSTEM (Cont'd.) Sewer system extensions (Cont'd.) Construction standards 22-195 Design standards 22-194 Purpose 22-191 Sewer service without water service 22-193 Sewer use user rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Monthly wastewater base facilities charges 22-166 Payment of connection fees and system development charges 22-171 Review and changes of rates 22-168 Schedule of wastewater volume charges 22-167 Sewer charges applicable if sewer available 22-175 System development charge 22-170 Disposition of 22-172 Payment of connection fees 22-171 Subdivision and site improvement regulations Design and construction standards Centralized sewer and water services 24-260 System development charge 22-170 Disposition of 22-172 Payment of connection fees 22-171 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 Structures for 22-134 Pretreatment or flow -equalizing facilities 22-133 Prohibited discharges 22-129 Use of public sewers required Constructing privies, septic tanks, cesspools 22-73 Depositing human or animal excrement 22-71 Discharging untreated wastewater or polluted waters into natural outlets, etc 22-72 Installation of toilet facilities required; connection of facil- ities to public sewer 22-74 Utility provisions generally. See: UTILITIES Supp. No. 37 2166 CODE INDEX Section 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 Environmental and natural resource regulations Protection of wetland, marsh and waterway resources 24-271 et seq. See: LAND DEVELOPMENT REGULATIONS Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Public sewers, use of Discharging stormwater, etc., into natural outlets 22-128 Subdivision and site improvement regulations Design and construction standards; easements Centralized sewer and water services 24-260 WATER -SOURCE HEAT PUMPS Discharging water from, nuisance provisions 12-1(b) Abatement of nuisances, etc. See: NUISANCES WATERWORKS SYSTEM Access to consumer's premises Right of access by city employees 22-19 Application for water service 22-14 New subdivisions 22-37 Approval of plumbing prior to connection with water system 22-35 Bills. See herein: Charges, Fees, Bills Charges, fees, bills Basis for billing if meter fails to register 22-24 Connection charges; initial payment of minimum water rental 22-16 Cost of pipes, etc., in subdivisions to be paid by developer 22-37 Deposits Temporary service 22-17 Utility deposits 22-27.1 Due dates 22-29 Establish service or re-establish service after cutoff or transfer 22-20 Fire protection service charge 22-30 Installation charges 22-28 Late fees 22-29 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 Supp. No. 37 2167 ATLANTIC BEACH CODE Section WATERWORKS SYSTEM (Cont'd.) 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 When bills become delinquent 22-29 Conservation of water during water shortages 22-39 Cross connection control Cross connections; backflow devices 22-43 Definitions 22-42 Deposits Temporary service 22-17 Utility deposits 22-27.1 Determination of type of service for each consumer 22-25 Easements Granting necessary easements by consumer 22-18 Extensions of water mains 22-38 Fire protection Private fire protection charge 22-30 Interruptions in service Liability of city 22-36 Irrigation of lawns, flowers, etc. Water shortages 22-39 Land development regulations Concurrency management system; capacity and level of i._vi�i,c;�y _ y y�1 zTZic� ��W; Potable water 24-279(b) Subdivision and site improvement regulations Design and construction standards Centralized sewer and water services 24-260 Wellhead protection 24-263 et seq. See: LAND DEVELOPMENT REGULATIONS Lawn watering, etc. Water shortages 22-39 Meters Access for purpose of reading meters 22-21 Basis for billing if meter fails to register 22-24 Re -read of meters, fee established for 22-22 Service to more than one property through same meter 22-34 Testing of meter; liability for cost of testing 22-21 Adjustment of bills 22-21 Mobile home parks and recreational vehicle parks Requirements for city water 10-2(6) Private water systems Connection of to city system prohibited 22-32 Supp. No. 37 2168 CODE INDEX Section WATERWORKS SYSTEM (Cont'd.) Private water systems (Cont'd.) Connection to public sewers; failure of system; cleaning and filling 22-90 Written report required for failed private system 22-92 Prohibited acts 22-33 Restricting use of water Right of city 22-36 Subdivisions Application for water service and new subdivisions 22-37 Cost of pipes, etc., in subdivisions 22-37 Tapping Prohibited acts 22-33 Tapping of mains, etc., restricted to city employees 21-17 Temporary service 22-17 Utility provisions generally. See: UTILITIES Water shortages 22-39 Wells Bacteriological tests for potable water 22-41 Permit required 22-40 WEEDS AND BRUSH 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) Trees and native vegetation protection 23-1 et seq. See: TREES AND NATIVE VEGETATION PROTECTION 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 24-263 et seq. See: LAND DEVELOPMENT REGULATIONS WETLANDS Environmental and natural resource regulations Protection of wetland, marsh and waterway resources .... 24-271 et seq. See: LAND DEVELOPMENT REGULATIONS WILD FOWL Hunting, shooting, etc 4-4 WINDOWS. See: DOORS AND WINDOWS WITNESSES Code enforcement board's power to subpoena witnesses 2-148 Supp. No. 37 2169 ATLANTIC BEACH CODE WRECKER SERVICE Charges for towing and storage Establishment of rotating wrecker call list Liability insurance Repairing vehicles without authorization Wreckers to be equipped at all times WRITING Defined Y Section 21-51 21-50 21-53 21-54 21-52 1-2 YARD SALES Outdoor display, sale, storage of furniture, household items, etc. 24-154 YARDS AND OPEN SPACES Definition of "public place" to include school yards or open spaces 1-2 Zoning requirements 24-1 et seq. Yards, required 24-83 See also: LAND DEVELOPMENT REGULATIONS Z ZONING REGULATIONS. See: LAND DEVELOPMENT REG- ULATIONS Supp. No. 37 2170