AB Code Supplement 38SUPPLEMENT NO. 38
February 2011
CODE OF ORDINANCES
City of
ATLANTIC BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this
time through:
Ordinance No. 95-10-102, adopted January 10, 2011.
See the Code Comparative Table—Ordinances for further information.
Included in the Charter is:
Ordinance No. 33-10-17, adopted June 28, 2010.
See the Charter Comparative Table—Ordinances for further information.
Remove Old Pages Insert New Pages
ix—xiii ix—xiii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:1(following checklist of up-to-date
pages)
5-6.1 5-6.1
11-14.1 11-14.1
91 91
167-170 167-170
355-358 355-359
409, 410 409, 410
787, 788 787, 788
797 797-800
1279-1282.2 1279-1282.2
1284.1-1284.5 1284.1-1284.4
1295-1298 1295-1298
1403, 1404 1403, 1404
1445, 1446 1445-1446.1
1487, 1488 1487-1488.7
1513, 1514 1513-1514.4
2007 2007
2053-2056 2053-2056
2083, 2084 2083, 2084
INSTRUCTION SHEET—Cont'd.
Remove Old Pages Insert New Pages
2107-2126 2107-2126
2133-2144 2133-2144
2157, 2158 2157, 2158
2163-2170 2163-2170
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
Municipal Code Corporation
PO Box 2235 Tallahassee, FL 32316
+ 800-262-2633 • Fax: 850-575-8852
_fiiiunicoeie.cam • into@municode.com
TABLE OF CONTENTS
Page
Officials of the City iii
Preface v
Adopting Ordinance vii
Checklist of Up -to -Date Pages [1]
Supplement History Table SH:l
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 14.1
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
Supp. No. 38 ix
ATLANTIC BEACH CODE
Chapter Page
Div. 2. Police Department 162
Div. 3. Fire Department 163
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
Art. II. Beach Safety Zone 355
Art. III. Public Parks 355
6. Buildings and Building Regulations 407
Art. I. In General 407
Art. II. Building Code 407
Art. III. Electrical Code 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
8. Flood Hazard Areas
Art. I. In General
Supp. No. 38 x
469
469
469
521
521
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. II. Administration 527
Art. III. Flood Hazard Reduction Standards 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
Art. IV. Convenience Business Security Act 797
14. Planning/Zoning/Appeals 839
Art. I. In General 839
Art. II. Community Development Board 839
15. Police 891
Art. I. In General 891
Art. II. Disposition of Confiscated or Lost Property891
16. Solid Waste and Recycling 943
Art. I. Solid Waste Definitions and Procedures 943
Art. II. Franchise Agreements 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. IV. Nonconforming Signs and Waiver to Certain
Provisions 1009
Art. V. Sign Permits 1011
18. Solicitations 1055
19. Streets, Sidewalks and Other Public Places 1107
20. Taxation 1157
Art. I. In General 1157
Art. II. Public Service Tax 1157
Div. 1. Generally 1157
Div. 2. Telephone Service 1159
Art. III. Local Business Tax 1160
Art. IV. Insurance Premium Taxes 1178
Art. V. Additional Homestead Exemption 1179
21. Traffic and Motor Vehicles 1221
Art. I. In General 1221
Supp. No. 38 xi
ATLANTIC BEACH CODE
Chapter Page
Art. II. Stopping, Standing and Parking 1222
Div. 1. Generally 1222
Div. 2. Enforcement 1226
Art. III. Wrecker Service 1228
Art. W Motor Vehicle Title Loans 1230
22. Utilities 1275
Art. I. In General 1275
Art. II. Waterworks System 1277
Art. III. Wastewater System 1284.3
Div. 1. Generally 1284.3
Div. 2. Use of Public Sewers Required 1286
Div. 3. Private Wastewater Disposal 1286.2
Div. 4. Building Sewers and Connections 1288.1
Div. 5. Use of Public Sewers 1290
Div. 6. Powers and Authority of Inspectors 1294
Div. 7. Sewer User Rates and Charges 1295
Div. 8. Sewer System Extensions 1299
Art. W Stormwater Management 1301
Div. 1. Generally 1301
Div. 2. Rates and Charges 1305
23. 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. CiPiovisions 1369
Div. 5. Areas of Special Concern 1377
Div. 6. Violations, Enforcement and Penalties 1377
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
Div. 9. Florida -Friendly Landscaping and Land-
scape Irrigation 1513
Art. N Subdivision and Site Improvement Regulations 1514.3
Div. 1. Generally 1514.3
Div. 2. Application Procedure 1516
Supp. No. 38 xii
TABLE OF CONTENTS—Cont'd.
Chapter Page
Div. 3. Required Improvements 1520
Div. 4. Assurance for Completion and Maintenance
of Improvements 1522
Div. 5. Design and Construction Standards 1525
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. 38 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 21, 22 14
iii 37 79 5, Add.
v, vi OC 91 38
vii, viii 1 103, 104 OC
ix, x 38 105, 106 OC
xi, xii 38 107, 108 13
xiii 38 155, 156 35
SH:1 38 157, 158 35
1, 2 19 159, 160 37
3, 4 34 160.1 37
5, 6 38 161, 162 32
6.1 38 163, 164 25
7, 8 14 165, 166 32
9, 10 14 167, 168 38
11, 12 38 169, 170 38
13, 14 38 171, 172 37
14.1 38 173, 174 36
15, 16 14 175, 176 36
17, 18 33 176.1 36
18.1 33 177, 178 30
19, 20 14 178.1, 178.2 36
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179, 180 36 309, 310 35
181, 182 36 311, 312 35
183, 184 36 313 35
185, 186 36 353, 354 33
187, 188 36 355, 356 38
188.1, 188.2 30 357, 358 38
188.3, 188.4 30 359 38
188.5, 188.6 32 407, 408 35
188.7, 188.8 36 409, 410 38
188.9, 188.10 36 410.1, 410.2 36
188.10.1 36 411, 412 35
188.11, 188.12 34 413, 414 35
188.13, 188.14 34 415, 416 35
188.15, 188.16 34 416.1, 416.2 35
188.17, 188.18 34 417, 418 37
188.19, 188.20 34 418.1, 418.2 37
188.21, 188.22 34 418.3, 418.4 37
188.22.1, 188.22.2 34 418.5, 418.6 37
188.23, 188.24 30 418.7, 418.8 37
188.25, 188.26 30 419, 420 27
188.27, 188.28 34 421, 422 36
188.29, 188.30 34 469, 470 35
188.31 34 471, 472 35
189, 190 35 473, 474 35
191, 192 35 475, 476 35
193, 194 35 477, 478 35
195, 196 35 479, 480 35
197, 198 35 521, 522 6
199, 200 35 523, 524 35
201, 202 35 525, 526 35
203 35 527, 528 35
245, 246 30 528.1 35
247, 248 35 529, 530 6
299, 300 35 531, 532 6
301, 302 35 533, 534 30
303, 304 35 534.1 30
305, 306 35 577, 578 OC
307, 308 35 579, 580 OC
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CHECKLIST OF UP-TO-DATE PAGES
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685 24 1113, 1114 32
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843 5 1179, 1180 33
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952.1 37 1235, 1236 21
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1005, 1006 31 1282.1, 1282.2 38
1006.1 31 1283, 1284 35
1007, 1008 26 1284.1, 1284.2 38
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ATLANTIC BEACH CODE
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1289, 1290 OC 1425, 1426 37
1291, 1292 OC 1427, 1428 37
1293, 1294 OC 1429, 1430 37
1295, 1296 38 1431, 1432 37
1297, 1298 38 1433, 1434 37
1298.1, 1298.2 36 1435, 1436 37
1299, 1300 OC 1437, 1438 37
1301, 1302 11 1439, 1440 37
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1411, 1412 37 1485, 1486 37
1413, 1414 37 1487, 1488 38
1415, 1416 37 1488.1, 1488.2 38
1417, 1418 37 1488.3, 1488.4 38
1419, 1420 37 1488.5, 1488.6 38
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1423, 1424 37 1489, 1490 37
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CHECKLIST OF UP-TO-DATE PAGES
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1493, 1494 37 2003, 2004 37
1495, 1496 37 2005, 2006 37
1497, 1498 37 2007 38
1499, 1500 37 2043 OC
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1541, 1542 37 2133, 2134 38
1543, 1544 37 2135, 2136 38
1983, 1984 OC 2137, 2138 38
1985 OC 2139, 2140 38
1987, 1988 OC 2141, 2142 38
1989, 1990 OC 2143, 2144 38
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
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Supp. No. 38
SUPPLEMENT HISTORY TABLE
The table below allows users of this Code to quickly and accurately
determine what ordinances have been considered for codification in each
supplement. Ordinances that are of a general and permanent nature are
codified in the Code Book and are considered "Includes." Ordinances that are
not of a general and permanent nature are not codified in the Code Book and
are considered "Omits."
In addition, by adding to this table with each supplement, users of this Code
of Ordinances will be able to gain a more complete picture of the Code's
historical evolution.
Ord. No.
Date
Adopted
Include/
Omit
Supp. No.
95-10-100
5-10-10
Included
38
33-10-17
6-28-10
Included
38
80-10-79
8-23-10
Included
38
80-10-80
9-27-10
Included
38
90-10-213
10-25-10
Included
38
57-10-23
11- 8-10
Included
38
05-10-52
11-22-10
Included
38
05-10-53
11-22-10
Included
38
95-10-102
1-10-11
Included
38
Supp. No. 38 SH:1
CHARTER § 10
(5) Regulate and restrict the height, number of stories, and size of buildings and other
structures, the percentage of a lot that may be occupied, the size of yards, courts, and
other open spaces, the density of population, and the location and use of buildings,
structures, and land and water for trade, industry, residence or other purposes;
(6) Provide for an independent audit;
(7) Pass ordinances and laws for the preservation of the public peace and order and
impose penalties for the violation thereof; provided that the maximum penalty to be
imposed shall be a fine of not more than one thousand dollars ($1,000.00) and
imprisonment for a period of time not longer than ninety (90) days;
(8) Lease golf courses, hospitals, airports and parks, or any portion thereof, after the city
commission has passed an ordinance authorizing any such lease;
(9) Sell golf courses, hospitals, airports, parks and the public utility system, or any portion
thereof, now owned by the city or hereafter acquired by it after the city commission has
passed an ordinance in which there is a finding that public welfare no longer requires
the operation of any such facility and in which are stated the terms of sale and after
such ordinance has been submitted to the qualified voters of the city at an election
called for that purpose;
(10) Provide rules and regulations for all purchases and sales made for and in behalf of the
city;
(11) Appoint, remove and fix the compensation of all officers and employees appointed by
the city commission as hereinafter provided;
(12) Exercise any right or authority given or permitted by the Constitution and the laws of
the State of Florida to city commissions not inconsistent with the provisions of this
Charter.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 10. Appointment of city manager.
The city commission shall appoint an administrative officer of the city, who shall have the
title of city manager, who shall have the powers and perform the duties provided in this
Charter and who shall be compensated at a rate set by the city commission. No member of the
city commission shall receive such appointment during the term for which the person shall
have been elected, nor within two years after the expiration of the person's term. In the event
the City Manager is incapacitated and unable to appoint a substitute as required in Sec.
[Section] 24 of this Charter, the city commission shall appoint someone to perform the duties
of the city manager.
(Ord. No. 28-93-3, § 1, 8-23-93)
Supp. No. 38 5
§ 11 ATLANTIC BEACH CODE
Sec. 11. Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may, if they deem it necessary, appoint a deputy city
manager and deputy city clerk, respectively, who shall be compensated at a rate set by the city
commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 12. Vacancies in the city commission.
If any vacancy occurs in the city commission, the city commission shall elect, within fifteen
(15) days of the vacancy, by the affirmative votes of not less than three members, an eligible
person as defined in Sec. [Section] 6 of this article to fill the vacancy until the next general
election.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 13. Creation of new departments or offices; change of duties.
The city commission, by ordinance, may create, change or abolish offices, departments,
authorities or agencies. The city commission may, by ordinance, assign additional functions or
duties to the offices, departments or agencies established by this Charter, but may not
discontinue or assign to any other office, department or agency any function or duty assigned
by this Charter to a particular office, department or agency.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 14. Induction of city commission into office; meetings of the city commission.
After each primary election or general election (if needed), the newly elected city commis-
sioners shall assume the duties of office at the regularly scheduled meeting of the city
commission held on the second Monday in November provided that the Supervisor of Elections
has certified the election results. If the election results for any contested city commission seat
cannot be certified prior to the meeting to be held on the second Monday in November, then any
newly elected city commissioners shall assume the duties of office at the next regularly
scheduled meeting of the city commission following receipt of the certified election results from
the Supervisor of Elections. Until the newly elected city commissioners assume the duties of
office, the previous sitting city commissioners shall remain in office. All other regular meetings
of the city commission shall be fixed by ordinance, but there shall not be less than one regular
meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S.
286.011), all meetings of the city commission shall be open to the public.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07; Ord. No. 33-10-17, § 1, 6-28-10)
Sec. 15. City commission to be judge of qualifications of its members.
The city commission shall be the judge of the election and the qualifications of its members
as set forth in Section 6 of this Charter. For these purposes, the city commission shall have the
power to subpoena such witnesses and require the production and presentation of such records
as may be deemed necessary.
(Ord. No. 28-93-3, § 1, 8-23-93)
Supp. No. 38 6
CHARTER § 17
Sec. 16. Rules of procedure; journal of minutes.
The City Commission shall determine its own rules and order of business. It shall require
a journal or minutes of its proceedings to be kept and the journal or minutes shall be open to
public inspection.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 17. Ordinances.
In addition to such acts of the city commission as are required by statute or by this Charter
to be by ordinance, every act of the City Commission establishing a fine or other penalty, a fee
for service, appropriation of funds, the contracting of indebtedness, or the sale of real property
Supp. No. 38 6.1
CHARTER § 34
(4) Furnishing opinions on questions of law relating to the powers and duties of city
officers; and
(5) Performing such other duties as may be required by ordinance or resolution of the city
commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
Sec. 33. Appointments and responsibilities.
The appointment, duties, functions and other responsibilities of the director of public safety,
police department, police chief, fire department, fire chief and their respective staff members
are found in the city code Chapter 2, Divisions 2 and 3.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE VII. BUDGET
Sec. 34. Preparation and adoption.
Each department head shall be responsible for presenting a budget request to the city
manager by a date established by the city manager or his designee. The director of finance
shall provide the city manager with a preliminary estimate of revenues and beginning fund
balances for the upcoming fiscal year.
Upon receipt of all budget requests, estimated revenues and fund balances, the city
manager shall make any modifications which are determined to be reasonable and justifiable
and thereafter present the budget to the city commission.
The city commission shall review the budget as submitted by the city manager and make
such revisions as deemed necessary. A public hearing will be set to approve the tentative
budget and millage rates. A public hearing will be set for final passage of the budget and
millage rates.
Upon final adoption, the budget shall be in effect for the next fiscal year. A copy of the
budget, as adopted, shall be filed with the city clerk.
The city shall abide by the requirements established by the Truth in Millage (TRIM) Act.
(Ord. No. 28-93-3, § 1, 8-23-93)
Supp. No. 38 11
§ 35 ATLANTIC BEACH CODE
ARTICLE VIII. DEPARTMENT OF FINANCE
Sec. 35. Director of finance.
The director of finance shall be the head of the department of finance and shall be appointed
and removed by the city manager. The qualifications, powers and duties of the director of
finance are defined in the Code of Ordinances.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE IX. ELECTIONS
Sec. 36. Elections.
The city commission shall, by ordinance, make all regulations which it considers necessary,
not inconsistent with this Charter or state law, for the conduct of municipal elections and for
the prevention of fraud therein.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-10-17, § 1, 6-28-10)
Sec. 37. Nonpartisan elections.
All elections for the office of commissioner and mayor -commissioner shall be conducted on
a nonpartisan basis without any designation of political party affiliation.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 38. Electors; registration.
Any person who is qualified to register to vote and is a resident of Atlantic Beach who has
qualified as an elector of this state, and who registers in the manner prescribed by F.S.
_.m
Chapter aptei vu and oidinailces of ALlaiiLic Beach, shall be a qualified elector of the municipality.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 39. Nominations.
Any elector of the city having the additional qualifications and limitations as set forth in
Article II, Section 6, may be nominated for a seat in the city commission. Such nomination
shall be only by petition. A petition for this purpose shall be signed by not less than ten (10)
qualified electors of the city. The signatures on the nominating petition need not all be
subscribed on one paper. Each separate paper shall have affixed a signed statement of the
circulator thereof stating the number of signers of such paper and that each signature
appended thereto was made in the presence of the circulator and is the genuine signature of
the person whose name it purports to be. Each signer, including the circulator, shall provide
his/her place of residence, including the street and number. The form of the nomination
petition shall be substantially as follows:
"We, the undersigned electors of the City of Atlantic Beach hereby nominate
whose residence is for the office of Com-
missioner, Seat No. to be voted for at the election to be held on the
Supp. No. 38 12
CHARTER § 39
day of , A.D., and we individually certify that our names appear
on the rolls of registered voters, and that we are qualified to vote for a candidate for the city
commission.
Name, street, and number address from which last date of registered (if different) signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing signa-
tures. Each signature appended thereto was made in my presence and is the genuine
signature of the person whose name it purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS:
Any signature made earlier than forty (40) days prior to the first day of qualifying shall be
void. All petitions must be filed with the city clerk no later than 10 days prior to the qualifying
period. The qualifying period will begin no later than noon on the 71st day (Monday) prior to
the primary election and will end at noon on the 67th day (Friday) prior to the primary election.
All other qualifying papers shall be filed as one instrument with the city clerk during the
qualifying period. The city clerk shall make a record of the exact time at which each petition
is filed, and shall take and preserve the name and address of the person by whom it is filed.
No nominating petition shall be accepted unless accompanied by a signed acceptance of the
nomination in substantially the following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No. on the city commission and agree
to serve if elected.
SIGNATURE OF CANDIDATE ii
Within two days after the filing of a nominating petition, the city clerk shall notify the
candidate and the person who filed the petition whether or not it is found to be signed by the
required number of qualified electors. If a petition is found insufficient, the city clerk shall
return it immediately to the person who filed it with a statement certifying wherein the
petition is found insufficient. Within the regular time for filing petitions, such a petition may
be amended and filed again as a new petition, in which case the time of the first filing shall be
disregarded in determining the validity of signatures thereon, or a different petition may be
filed for the same candidate. The petition of each person nominated to be a member of the city
commission shall be preserved by the city clerk until the expiration of the term of office for
which the candidate has been nominated.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07; Ord. No. 33-10-17, § 1, 6-28-10)
Supp. No. 38 13
§ 40 ATLANTIC BEACH CODE
Sec. 40. Elections: Primary.
A primary election for the nomination of candidates for the office of city commissioner of the
city shall be held every two (2) years on the Tuesday that is ten (10) weeks prior to the General
Election, for each seat on the city commission which shall become vacant on the second
Monday in November of the same year, or when the newly elected city commissioners assume
the duties office in accordance with Sec. 14 of this Charter. The two candidates for each seat
to be filled receiving the greatest number of votes in said primary shall be certified as
candidates or nominees at the general election, provided, however, that should any candidate
receive at such primary election a majority of all votes cast, he shall be declared regularly
elected and shall not be required to enter the general election as hereinafter provided.
However, should only one candidate be nominated for a particular seat, an election for that
seat will not be required and the unopposed candidate shall be declared elected to the office of
city commissioner.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07; Ord. No. 33-10-17, § 1, 6-28-10)
Sec. 41. Elections: General.
A regular or general election of candidates or nominees to the office of city commissioner
shall be held every two (2) years on the first Tuesday after the first Monday in November,
unless all vacancies have been determined by the primary election in accordance with Section
40 of this Charter. The candidate or nominee receiving the majority of votes for each seat at
such general election shall be declared elected. In the event of a tie between two candidates in
the general election the candidates shall draw lots in accordance with Florida Statutes to
determine the winner.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07; Ord. No. 33-10-17, § 1, 6-28-10)
Sec. 12. Ekc Licii s. CYRI'.`Yi.IY1.ee V0Y,iJug.
Except as herein specifically provided all elections and absentee voting in the city shall be
conducted in accordance with the provisions of F.S. Chapter 101.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 43. Elections: Canvassing board, duties.
The City of Atlantic Beach Canvassing Board shall be composed of the City Attorney, City
Manager and City Clerk. In the event that any member is unable to serve, a replacement
member shall be appointed by the remaining two board members. Said replacement shall be
a registered voter residing in Atlantic Beach. Should the City of Atlantic Beach municipal
election occur on the same day as a county or special election, the county canvassing board will
fulfill the following duties listed in this section. The Atlantic Beach Canvassing Board shall
meet in a building accessible to the public to publicly canvass the absentee electors' ballots and
provisional ballots as provided for in Florida Statutes. Public notice of canvassing shall be
given at least 48 hours in advance in a publication of general circulation in the City of Atlantic
Beach. The canvass shall be made from the returns and certificates of the inspectors as signed
and filed by them. The canvassing board shall submit to the Supervisor of Elections the
Supp. No. 38 14
CHARTER § 44
preliminary returns by 11:59 pm on election night. See Fla.Stat. Chapters 101 and 102 for a
complete listing of Canvassing Board duties. The clerk shall provide a certificate of election to
the candidates elected.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07; Ord. No. 33-10-17, § 1, 6-28-10)
Editor's note—Section 1 of Ord. No. 33-10-17, adopted June 28, 2010, changed the title of
§ 43 from "Elections: Canvass of returns" to "Elections: Canvassing board, duties."
ARTICLE X. INITIATIVE AND REFERENDUM
Sec. 44. Power of initiative.
The electors shall have the power to propose any ordinance, except an ordinance appropri-
ating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such
power being known as the initiative. Any initiated ordinance may be submitted to the city
commission by a petition signed by registered electors of the city equal in number to at least
twenty-five per centum (25%) of the registered electors at the last regular municipal election.
(Ord. No. 28-93-3, § 1, 8-23-93)
Supp. No. 38 14.1
CHARTER COMPARATIVE TABLE
ORDINANCES
This table shows the location of ordinances amending the Charter.
Ordinance Adoption Section
Number Date Section this Charter
5-75-3 12-22-75 3 7
33-77-4 6-13-77 I 79
II 80
III 81
IV 85
40-79-8 6-11-79 A 109
5-82-8 4-26-82 1 32
2 34
5-83-9 11-14-83 1 7
5-83-12 2-13-84 1 Art. VII(note)
4-86-3 1-26-87 1 Art. XIV(note)
28-91-1 10-28-91 1 5
28-92-4 8-24-92 1 5
28-93-3 8-23-93 1 Rpld 1-6,
8-16,
24-31,
78,
81-99,
109,
158,
160-183
Added 1-80
28-96-4 1-13-97 3 2
90-06-194 8-14-06 1 59
33-07-12 10- 2-07 1 5
33-07-13 10- 2-07 1 14, 39, 40, 41, 43
33-10-17 6-28-10 1 14, 36, 39-41,
43
[The next page is 1031
Supp. No. 38 91
ADMINISTRATION § 2-141
(b) However, any person who has served on a board or committee of the city for the
maximum number of terms allowed may not again be appointed to that same board or
committee until one (1) year has passed since the person was term -limited off the board or
committee.
(Ord. No. 5-06-46, § 1, 4-10-06)
Secs. 2-132---2-140. Reserved.
DIVISION 2. CODE ENFORCEMENT BOARD*
Sec. 2-141. Created; membership; terms.
(a) There is hereby created a code enforcement board of the city, which shall consist of seven
(7) board members and one (1) alternate member, who shall serve on the board in the absence
of board members, to be appointed by the mayor and approved by the city commission. All
board members and the alternate member of the board shall be residents of the city and shall
serve without compensation. Board members may serve a maximum of three (3) consecutive
terms. Service as an alternate member, however, shall not preclude service thereafter as a
board member for a maximum of three (3) consecutive terms.
(b) The membership of the code enforcement board shall, whenever possible, include
persons in the following fields:
(1) Architect;
(2) A businessman;
(3) An engineer;
(4) A general contractor;
(5) A realtor;
(6) A subcontractor;
(7) A person with zoning and building experience.
(c) The initial appointments to the code enforcement board shall be as follows:
(1) Two (2) members shall be appointed for a term of one (1) year.
(2) Three (3) members shall be appointed for a term of two (2) years.
(3) Two (2) members shall be appointed for a term of three (3) years.
Thereafter, each term shall be for a period of three (3) years.
*State law reference—Local Government Code Enforcement Boards Act, F.S. Ch. 162.
Supp. No. 38 167
§ 2-141 ATLANTIC BEACH CODE
(d) Any member may be reappointed from term to term upon approval of the city
commission.
(Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-03-42, § 1, 7-14-03; Ord.
No. 5-05-44, § 1, 9-26-05)
State law reference—Similar provisions, F.S. § 162.05.
Sec. 2-142. Removal; filling vacancies.
Members of the code enforcement board may be removed from office by the city commission
for cause upon written charges and after public hearing. Any member who fails to attend two
(2) of three (3) successive meetings without cause and without prior approval of the chair shall
have his office declared vacant by the code enforcement board, and the city commission shall
promptly fill such vacancy. Vacancies shall be filled by appointment by the mayor and approval
of the city commission for the unexpired terms affected.
(Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-03-42, § 1, 7-14-03; Ord.
No. 05-10-53, § 1, 11-22-10)
State law reference—Similar provisions, F.S. § 162.05.
Sec. 2-143. Meetings; election of officers; quorum.
(a) At the first meeting of the code enforcement board, the members of the board shall elect
a chairman and a vice-chairman to preside in the absence of the chairman. The presence of
four (4) or more members shall constitute a quorum necessary to take action. Meetings of the
board shall occur no less frequently than once every two (2) months, but the board may meet
more often as necessary.
(b) Special meetings of the board may be convened by the chairman upon the giving of
notice thereof to each other member of the board. Unless waived by a majority of the board,
notice of a special meeting shall be given at least twenty-four (24) hours prior thereto.
(Ord. No. 95-80-21, § 2, 12-8-80)
State law reference—Similar provisions, F.S. § 162.07.
Sec. 2-144. Minutes of hearings; clerical and administrative personnel.
Minutes shall be maintained of all hearings held by the code enforcement board, and all
hearings shall be open to the public. The city commission shall provide clerical and
administrative personnel as may be reasonably required by the board for the proper
performance of its duties.
(Ord. No. 95-80-21, § 2, 12-8-80)
State law reference—Similar provisions, F.S. § 162.07.
Supp. No. 38 168
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, per Chapter 162, Florida Statutes.
(2) State of Florida Building Code, administration section of Chapter 553, as adopted by
the State of Florida and by the city.
(3) International Property Maintenance Code as adopted by the city.
(4) AU other local codes and ordinances as allowed by Chapter 162, Part 1., Florida
Statutes, Local Government Code Enforcement Boards, as it may be amended from
time to time.
(b) The jurisdiction of the code enforcement board shall not be exclusive. Any alleged
violation of any of the provisions of 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; Ord.
No. 05-10-52, § 1, 11-22-10)
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. 38 169
§ 2450 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. 38 170
BEACHES AND PARKS § 5-31
(b) Before the chief of police or his designee gives permission for the owner of a sailboat,
catamaran, or other vessel to be parked over seventy-two (72) hours on the beach, the owner
must provide proof of ownership, description, serial number, hull number or other identifica-
tion number, and the location desired for parking same. Permission to park, and the location
requested, is at the sole discretion of the chief of police. The chief of police may develop
additional rules to govern such parking to protect the public's safety.
(c) Any person who parks a sailboat or catamaran or other vessel in violation of this section
is subject to having such sailboat, catamaran, or other vessel towed at the owner's expense.
(Ord. No. 95-03-83, § 1, 1-27-03)
Secs. 5-9-5-15. Reserved.
ARTICLE II. BEACH SAFETY ZONE
Sec. 5-16. Use of vehicles.
It shall be unlawful for any person to propel, operate or drive any motorized vehicle at any
time on the ocean beach unless permission is approved in writing by the city manager or his
designee.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-17. Animals.
It shall be unlawful for any person to have or allow horses, mules, cows, cattle, chickens,
poultry or goats on the ocean beach.
(Ord. No. 95-03-83, § 1, 1-27-03)
Secs. 5-18-5-30. Reserved.
ARTICLE III. PUBLIC PARKS
Sec. 5-31. Public parks' use prohibited after dark.
It shall be unlawful for any person or groups of persons to congregate in or about or traverse
through any public parks:
(a) Between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m., whichever is later,
except as follows:
(1) When using lighted public facilities in public parks, such as ball fields and tennis
courts, provided such use shall never be later than 10:00 p.m.;
(2) When an organized event has been approved by the parks and recreation
department.
Supp. No. 38 355
§ 5-31 ATLANTIC BEACH CODE
(b) When a park or parks have been officially closed by the city for maintenance,
construction, repairs, and the like, and has been so posted.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-32. User fees for parks and recreation facilities.
The use of public parks and recreation facilities within the city and fees for such use shall
be as set forth within this section.
(a) One-time events at the Jordan Park Community Center or Donner Park Community
Center.
(1) One hundred dollars ($100.00) for four (4) hours and twenty-five dollars ($25.00)
for each additional hour.
(2) Deposit required: Two hundred dollars ($200.00), refundable if no damage to
facility, the facility is cleaned after use and no violation of park rules or city
ordinances.
(b) Recurring use of any city facility or park by 501(c)(3) not-for-profit groups, neighbor-
hood or homeowner associations with approved user agreement for six (6) or more
times per year during nonpremium hours.
(1) Twenty-five dollars ($25.00) per event or activity.
(2) Deposit required: Fifty dollars ($50.00), refundable if no damage to facility, the
facility is cleaned after use and 110 violation of park rules or city ordinances.
(3) "Premium hours" are identified as:
Friday 5:00 p.m. or later
Saturday All day
Sunday Noon or later
A repetitive use not-for-profit, homeowner, or neighborhood association may request
usage of premium days/times at the twenty-five dollars ($25.00) per event rate.
However, within seven (7) days of the scheduled event, if another group wishes to rent
the facility at the full usage rate, then the repetitive use not-for-profit, homeowner, or
neighborhood association may be relocated to another facility.
If a repetitive use not-for-profit, homeowner, or neighborhood association wishes to
secure the facility for premium days/times, then they will be required to pay the full
usage fees for the rental.
(c) Private events at the Adele Grage Cultural Center, Monday through Thursday:
(1) Fifty dollars ($50.00) per hour with a maximum daily fee of four hundred dollars
($400.00).
(2) Deposit required: Two hundred dollars ($200.00), refundable if no damage to
facility, the facility is cleaned after use and no violation of park rules or city
ordinances.
Supp. No. 38 356
BEACHES AND PARKS § 5-32
(d) Individual events at the Adele Grage Cultural Center, Monday through Thursday, by
501(c)(3) not-for-profit groups, neighborhood or homeowner associations:
(1) Twenty-five ($25.00) dollars per hour with a maximum daily fee of three hundred
twenty dollars ($320.00).
(2) Deposit required: Two hundred dollars ($200.00), refundable if no damage to
facility, the facility is cleaned after use and no violation of park rules or city
ordinances.
(e) Private events at the Adele Grage Cultural Center, Friday through Sunday:
(1) One hundred dollars ($100.00) per hour with a maximum daily fee of eight
hundred dollars ($800.00).
(2) Deposit required: Two hundred dollars ($200.00), refundable if no damage to
facility, the facility is cleaned after use and no violation of park rules or city
ordinances.
(f) Individual events at the Adele Grage Cultural Center, Friday through Sunday, by
501(c)(3) not-for-profit groups, neighborhood or homeowner associations:
(1) Fifty ($50.00) per hour with a maximum daily fee of six hundred dollars
($600.00).
(2) Deposit required: Two hundred dollars ($200.00), refundable if no damage to
facility, the facility is cleaned after use and no violation of park rules or city
ordinances.
(g) For events or activities at any city facility involving the use of alcoholic beverages. The
provisions of chapter 3 of this Code shall also apply.
(1) One hundred dollars ($100.00) per hour for any event serving beer, wine or any
type of alcoholic beverages.
(2) Requires off-duty police officer paid by rental party at prevailing hourly rate.
(3) Must receive prior approval of a special event permit from the city manager.
(4) Use of alcoholic beverages is not permitted in city parks or on the beach, and
alcoholic beverages must be contained within the building approved to host such
event.
(5) No fee, ticket or other type of compensation shall be charged for alcoholic
beverages at any activity at city facilities.
(6) Violation of these rules may [be] cause for forfeiture of any deposits.
(h) Lost key charge: Eight dollars ($8.00); lost security card: Twenty dollars ($20.00).
(i) Beach bonfire.
(1) Twenty-five ($25.00) per activity on beach with bonfire or any type of open flame.
(2) Deposit required: Twenty-five dollars ($25.00), refundable if no damage or fire
debris left on beach.
Supp. No. 38 357
§ 5-32 ATLANTIC BEACH CODE
(3) Approval of a fire permit by the parks and recreational department is required.
Permit must be requested and approved during regular city weekday work hours
at least twenty-four (24) hours prior to activity.
(j) Summer Camp at Donner Park Community Center and Jordan Park Community
Center.
(1) Forty-five dollars ($45.00) per week per child.
(2) Fifty dollars ($50.00) per child for the duration of the summer camp for children
who qualify for free or reduced -price school lunches.
(k) Camping at Dutton Island Preserve.
(1) Twenty-five dollars ($25.00) per campsite.
(2) Deposit required: Twenty-five dollars ($25.00), refundable if no damage to
campsite and no debris or trash left.
(1) Events at any city facility put on by any unit of federal, state or local government shall
be exempt from any of the fees required in this section.
(m) All special events requests not previously addressed in this section of the City Code
will be assessed a twenty-five dollar ($25.00) application fee when submitted for
processing.
(n) Sales tax for the rental of City facilities shall be the responsibility of the renters.
(Ord. No. 95-03-82, § 1, 1-27-03; Ord. No. 95-05-89, § 1, 4-11-05; Ord. No. 95-07-93, § 1, 2-26-07;
Ord. No. 95-10-100, § 1, 5-10-10)
Sec. 5-33. Enforcement of park rules and regulations.
All city employees shall have the authority to enforce the rules and regulations of the city's
public parks. The primary enforcement agents shall be parks and recreation staff members
and police officers.
(a) First violation. First violations of park rules and regulations will result in the violator
being verbally warned by the city employee. If the violator is a juvenile, then the
employee will obtain parental/guardian information and contact the juvenile's parent/
guardian and inform the parent/guardian of the warning. All records of warnings will
be purged after ninety (90) days unless there are subsequent violations.
(b) Second violation within ninety (90) days of first offense. If the violator is a juvenile,
then the parks and recreations staff will contact the juvenile's parent/guardian and
contact the police to complete a trespass after warning (TAW) form for thirty (30) days.
The juvenile information will be purged after ninety (90) days unless there are
subsequent violations.
If the violator is an adult, then parks and recreations staff will contact the police to
complete a trespass after warning (TAW) form for thirty (30) days.
Supp. No. 38 358
BEACHES AND PARKS § 5-33
(c) Third and subsequent violations within ninety (90) days of the second offense. If the
offender is a juvenile, the parks and recreation staff will contact the juvenile's
parent/guardian and contact the police to complete a trespass after warning (TAW)
form for one (1) year. The juvenile information will be purged after ninety (90) days
unless there are subsequent violations.
If the violator is an adult, then parks and recreations staff will contact the police to
complete a trespass after warning (TAW) form for one (1) year.
(d) [Violations of state law.] Trespassing violations will be handled as violations of state
law.
(e) Authority to regulate park activities. Members of the parks and recreation department
and the police department are authorized to:
(1) Direct any individual to leave any city public park or any specific area of any city
park, and to complete a trespass after warning notice prohibiting an individual
from returning to a city park or any specific area of a city park based on the
individual's violation of posted park rules or violations of criminal codes and/or
statutes.
(2) Close down a city park or any portion of a city park due to violations of park rules,
violations of criminal codes and/or statutes, or due to public safety concerns.
(Ord. No. 95-06-91, § 1, 4-10-06)
[The next page is 4071
Supp. No. 38 359
BUILDINGS AND BUILDING REGULATIONS § 6-17
governing authority in the discharge of his duties, shall not thereby render
himself personally liable, and is hereby relieved from all personal liability, for any
damage that may accrue to persons or property as a result of any act required or
permitted in the discharge of his duties. Any suit brought against any officer or
employee or member because of such act performed by him in the enforcement of
any provision of this code shall be defended by the department of law until the
final termination of the proceedings.
(6) Reports. The building official shall submit annually a report covering the work of
the building department during the preceding year. He may incorporate in said
report a summary of the decisions of the board of adjustments and appeals during
said year.
(b) Powers and duties of the building official.
(1) General. The building official is hereby authorized and directed to enforce the
provisions of this code. The building official is further authorized to render
interpretations of this code, which are consistent with its spirit and purpose.
(2) Right of entry. Whenever necessary to make an inspection to enforce any of the
provisions of this code, or whenever the building official has reasonable cause to
believe that there exists in any building or upon any premises any condition or
code violation which makes such building, structure, premises, electrical, gas,
mechanical or plumbing systems unsafe, dangerous or hazardous, the building
official may enter such building, structure or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the building official by this
code. If such building or premises are occupied, he shall first present proper
credentials and request entry. If such building, structure or premises are
unoccupied, he shall first make a reasonable effort to locate the owner or other
persons having charge or control of such and request entry. If entry is refused, the
building official shall have recourse to every remedy provided by law to secure
entry.
When the building official shall have first obtained a proper inspection warrant
or other remedy provided by law to secure entry, no owner or occupant or any
other persons having charge, care or control of any building, structure, or
premises shall fail or neglect, after proper request is made as herein provided, to
promptly permit entry therein by the building official for the purpose of
inspection and examination pursuant to this Code.
(3) Stop work orders. Upon notice from the building official, work on any building,
structure, electrical, gas, mechanical or plumbing system that is being done
contrary to the provisions of this code or in a dangerous or unsafe manner, shall
immediately cease. Such notice shall be in writing and shall be given to the owner
of the property, or to his agent, or to the person doing the work, and shall state
Supp. No. 38 409
§ 6-17 ATLANTIC BEACH CODE
the conditions under which work may be resumed. Where an emergency exists,
the building official shall not be required to give a written notice prior to stopping
the work.
(4) Revocation of permits.
a. Misrepresentation of application. The building official may revoke a permit
or approval, issued under the provisions of this code, in case there has been
any false statement or misrepresentations as to the material fact in the
application or plans on which the permit or approval was based.
b. Violation of code provisions. The building official may revoke a permit upon
determination by the building official that the construction, erection,
alteration, repair, moving, demolition, installation or replacement of the
building, structure, electrical, gas, mechanical or plumbing systems for
which the permit was issued is in violation of, or not in conformity with, the
provisions of this code.
(5) Unsafe building or structure. For the purpose of this Code, any building or structure
which has any or all of the conditions or defects hereinafter described, shall be deemed
a public nuisance and an unsafe, substandard, and dangerous building, provided that
such conditions or defects exist to the extent that the life, health, property, or safety of
the public or its occupants are endangered or to the extent that such building or
structure creates a substantive adverse effect to the surrounding neighborhood,
business environment or property values. Such structures and buildings shall be
abated in accordance with the procedures of the 2006 International Property Mainte-
nance Code.
a. Whenever any door, aisle, passageway, stairway, or other means of exit is not of
sufficient width or size, or is not so arrsnged s to provide safe and adequate
means of exit in case of fire or panic.
b. Whenever the stress in any material, member, or portion thereof, due to all dead
and live loads, is more than one and one-half (P12) times the working stress
allowed in the Florida Building Code, for new buildings of similar structure,
purpose or location.
c. Whenever any portion thereof has been damaged by fire, wind, flood or by any
other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum
requirements of the Florida Building Code, for new buildings of similar purpose,
or location.
d. Whenever any portion or member or appurtenance thereof is likely to fail or to
become detached or dislodged, or to collapse and thereby injure persons or
damage property.
e. Whenever any portion of a building, or any member, appurtenance, or ornamen-
tation on the exterior thereof is not of sufficient strength or stability, or is not
Supp. No. 38 410
Art. I.
Art. II.
Art. III.
Art. IV.
Chapter 13
OFFENSES*
In General, §§ 13-1-13-150
Minors on Streets and In Public Places, §§ 13-151--13-160
Sexual Offenders and Sexual Predators, § 13-161
Convenience Business Security Act, §§ 13-162-13-169
ARTICLE I. IN GENERAL
Sec. 13-1. State misdemeanors.
It shall be unlawful for any person to commit within the city any act which is or shall be
recognized by the laws of the state as a misdemeanor, and the commission of such acts is
hereby prohibited.
(Code 1970, § 14-16)
Sec. 13-2. Loitering in, obstructing, etc., streets, public places, etc.
(a) No person shall loiter, lounge or sleep in or upon any street, park or public place or in
any public building, or obstruct the access to any public building or any part thereof, or
obstruct passage through or upon any public street, park or public place.
(b) For the purposes of this section, the term "loiter" shall encompass, but shall not
necessarily be limited to, one or more of the following acts:
(1) Obstruction of the free, unhampered passage of pedestrians or vehicles.
(2) Obstructing, molesting or interfering with any person lawfully upon any street, park
or other public place.
(3) Conduct involving the concept of standing idly by, loafing, walking about aimlessly
without purpose and including the colloquial expression of "hanging around."
(c) A person shall be guilty of violating this section only after refusing to move on when so
requested by a peace officer, provided the peace officer has exercised his discretion reasonably
under the circumstances in order to preserve or promote public peace and order.
(d) For the purpose of this section, the term "other public place" shall be deemed to include
the quasi -public area in front of or adjacent to any store, shop, restaurant, luncheonette or
other place of business, and shall also include any parking lot or other vacant private property
not owned or under the dominion of the person charged with a violation of this section.
(Code 1970, § 14-7)
Cross references—Streets, sidewalks and other public places, Ch. 19; obstructing free
passage of streets and sidewalks prohibited, § 19-1.
*Cross references—Police, Ch. 15; traffic and motor vehicles, Ch. 21.
Supp. No. 38 787
§ 13-3 ATLANTIC BEACH CODE
Sec. 13-3. Discharging firearms, air guns, etc., prohibited.
(a) It shall be unlawful to discharge any firearm or any loaded air gun, air rifle, air pistol
or similar device within the city.
(b) This section does not apply to a person lawfully defending life or property or performing
official duties requiring the discharge of a firearm.
(Code 1970, § 14-17)
State law reference—Discharging firearm in public, F.S. § 790.15.
Sec. 13-4. Drug paraphernalia—Definitions.
The following words and phrases, when used in sections 13-4 and 13-5, shall, for the
purposes of sections 13-4 and 13-5, have the meanings respectively ascribed to them in this
section, except where the context clearly indicates a different meaning:
Cocaine spoon shall mean a spoon with a bowl so small that the primary use for which it is
reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be
unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled as
a "cocaine" spoon or "coke" spoon.
Controlled substance shall mean any drug or substance named or described in F.S. § 893.03,
Schedules I through V, as amended, commonly known as the Florida Comprehensive Drug
Abuse Prevention and Control Act.
Marijuana or hashish pipe shall mean a pipe characterized by a bowl which is so small that
the primary use for which it is reasonably adapted or designed is the smoking of marijuana or
hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a
screen.
'araphe,' 7ulic, shall ,dean an empty gelatin capsule, hypodermic syringe or needle, cocaine
spoon, marijuana pipe, hashish pipe, or any other instrument, implement or device which is
primarily adapted or designed for the administration or use of any controlled substance.
(Ord. No. 95-80-19, § 2, 2-25-80)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 13-5. Same—Sale, display, etc., of paraphernalia, prohibited; exceptions.
(a) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give
away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe,
hashish pipe or any other instrument, implement or device which is primarily adapted or
designed for the administration or use of any controlled substance as enumerated in F.S.
§ 893.03, Sch. I—V, as amended, commonly known as the Florida Comprehensive Drug Abuse
Prevention and Control Act.
(b) The prohibition contained in this section shall not apply to manufacturers, wholesalers,
jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching
institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropo-
Supp. No. 38 788
OFFENSES § 13-162
Secs. 13-159, 13-160. Reserved.
ARTICLE III. SEXUAL OFFENDERS AND SEXUAL PREDATORS
Sec. 13-161. Sexual predators residency requirement.
(a) It is unlawful for any person who is required by Florida law to register as a sexual
predator to reside within two thousand five hundred (2,500) feet of any school, public library,
licensed child day-care center, park, playground, or the ocean beach, which are places where
children regularly congregate, whether said locations are in the city limits of Atlantic Beach or
in any neighboring city.
(b) A person residing within two thousand five hundred (2,500) feet of any school, public
library, licensed day-care center, park, playground, or the ocean beach, which are places where
children regularly congregate, whether said locations are in the city limits of Atlantic Beach or
in any neighboring city, does not commit a violation of this section, provided that the sexual
predator is in full compliance with probation, parole, or conditional release and does not
commit another sexual offense, and was in compliance with the residency restrictions prior to
October 10, 2005, if any of the following apply:
(1) The person established the permanent residence prior to October 10, 2005.
(2) The person was a minor when he/she committed the offense and was not convicted as
an adult.
(3) The person is a minor.
(4) The school, public library, licensed day-care center, park, or playground, which are
places where children regularly congregate, whether said locations are in the city
limits of Atlantic Beach or in any neighboring city, within two thousand five hundred
(2,500) feet of the persons' permanent residence was opened after the person estab-
lished the permanent residence.
(c) Any person violating any provision of this section shall be guilty of an offense punishable
as set forth in section 1-11 of the Code of Ordinances of the City of Atlantic Beach, Florida.
(Ord. No. 57-05-22, § 1, 10-10-05)
ARTICLE IV. CONVENIENCE BUSINESS SECURITY ACT.
Sec. 13-162. Short title, purpose, and authority.
This article shall be known and may be cited as the "City of Atlantic Beach Convenience
Business Act". The purpose of this Act is to provide a method of local regulation of convenience
businesses within the city. These regulations are authorized and consistent with the state
statutory regulations found in Chapter 812, Florida Statutes.
(Ord. No. 57-10-23, § 1, 11-8-10)
Supp. No. 38 797
§ 13-163 ATLANTIC BEACH CODE
Sec. 13-163. Definitions.
(a) As used in this article, the term "convenience business" means any place of business
that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that
is open for business at any time between the hours of 11:00 p.m. and 5:00 a.m. The term
"convenience business" does not include:
(1) A business that is solely or primarily a restaurant.
(2) Abusiness that always has at least five (5) employees on the premises after 11:00 p.m.
and before 5:00 a.m.
(3) A business that has at least ten thousand (10,000) square feet of retail floor space.
(b) The term "convenience business" does not include any business in which the owner or
members of his or her family work between the hours of 11:00 p.m. and 5:00 a.m.
(c) The definitions provided in this section 13-163, subsections (a) and (b), are consistent
with the current definitions found in F.S. § 812.171, and to the extent that those statutory
definitions are amended, the definitions provided herein shall be deemed amended accord-
ingly.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec. 13-164. Security requirements.
(a) Every convenience business shall be equipped with the following security devices and
standards:
(1) An operational security camera system capable of recording and retrieving an image to
assist in offender identification and apprehension.
(2)
A, drop saf^ or cash management device for restricted acceoS Lu cash iece1p S.
(3) A lighted parking lot illuminated at an intensity of at least two (2) footcandles per
square foot at eighteen (18) inches above the surface.
(4) A conspicuous notice at the entrance which states that the cash register contains fifty
dollars ($50.00) or less.
(5) Window signage that allows a clear and unobstructed view from outside the building
and in a normal line of sight of the cash register and sales transaction area.
(6) Height markers at the entrance of the convenience business which display height
measures.
(7) A cash management policy to limit the cash on hand at all times after 11:00 p.m.
(b) A convenience business shall not have window tinting that reduces exterior or interior
view in a normal line of sight.
(c) Every convenience business shall be equipped with an operational silent alarm to law
enforcement or a private security agency, unless application for an exemption is made to and
granted by the Attorney General.
Supp. No. 38 798
OFFENSES § 13-165
(d) If a murder, robbery, sexual battery, aggravated assault, aggravated battery, or
kidnapping or false imprisonment, as those crimes are identified and defined by Florida
Statutes, occurs or has occurred at a convenience business since July 1, 1989, and arises out
of the operation of the convenience business, that convenience business shall implement at
least one (1) of the following security measures:
(1) Provide at least two (2) employees on the premises at all times after 11:00 p.m. and
before 5:00 a.m.;
(2) Install for use by employees at all times after 11:00 p.m. and before 5:00 a.m. a secured
safety enclosure of transparent polycarbonate or other material that meets at least one
of the following minimum standards:
a. American Society for Testing and Materials Standard D3935 (classification
PC110 B 3 0800700) and that has a thickness of at least 0.375 inches and has an
impact strength of at least two hundred (200) foot pounds; or
b. Underwriters Laboratory Standard UL 752 for medium power small arms (level
one), Bullet Resisting Equipment;
(3) Provide a security guard on the premises at all times after 11:00 p.m. and before 5:00
a.m.;
Lock the business premises throughout the hours of 11:00 p.m. to 5:00 a.m., and only
transact business through an indirect pass-through trough, trapdoor, or window; or
(4) Close the business at all times after 11:00 p.m. and before 5:00 a.m.
(e) For purposes of this section, any convenience business that by law implemented any of
the security measures set forth in subsection (d), paragraphs (1-5) and has maintained said
measures as required by the Department of Legal Affairs, Office of the Attorney General
without any occurrence or incidence of the crimes identified by subsection (d) for a period of no
less than twenty-four (24) months immediately preceding the filing of a notice of exemption,
may file with the Department a notice of exemption from these enhanced security measures.
(f) These security requirements are consistent with those provided for in Chapter 812,
Florida Statutes, specifically F.S. §§ 812.173 and 812.1725, as those sections may be hereafter
amended. To the extent that these statutory security requirements are amended, then these
City of Atlantic Beach security requirements are similarly deemed amended hereafter.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec. 13-165. Employee training.
The owner or principal operator of a convenience business or convenience businesses shall
provide proper robbery deterrence and safety training by an approved curriculum by the
Attorney General to its retail employees within sixty (60) days of employment.
(Ord. No. 57-10-23, § 1, 11-8-10)
Supp. No. 38 799
§ 13-166 ATLANTIC BEACH CODE
Sec. 13-166. Inspections.
The city manager, or his designee, shall ensure initial compliance with this article within
one hundred and twenty (120) days of adoption. Thereafter, the city manager, or his designee,
shall conduct initial inspections within thirty (30) days of the issuance of a new business tax
receipt, and conduct annual inspections in October of each year.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec 13-167. Violations.
The city manager, or his designee, may refer any violation of this article to the Attorney
General's Office for enforcement per F.S. § 812.175, and to the city's code enforcement officer
for prosecution before the city's code enforcement board.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec. 13-168. Severability.
If any section or portion of a section of this article proves to be invalid, unlawful, or
unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any
other section or part of this article.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec. 13-169. Civil fines.
Violations of this article may result in a notice of violation from the Attorney General, civil
fines imposed by the Attorney General not to exceed five thousand dollars ($5,000.00) per F.S.
§ 812.175, and any fines and costs imposed by the city's code enforcement board as authorized
by F.S. § 162.01 ff.
(Ord. No. 57-10-23, § 1, 11-8-10)
Supp. No. 38 800
[The next page is 839]
UTILITIES § 22-22
Sec. 22-20. Fees to establish service or reestablish service after cutoff or transfer.
(a) A turn -on fee of twenty dollars ($20.00) will be charged to establish service for all new
customers.
(b) If water service is turned off upon the request of the customer, a reconnect fee of twenty
dollars ($20.00) shall be charged.
(c) If water service is turned off because of delinquency of payment, a reconnect fee of thirty
dollars ($30.00) shall be charged.
(d) If water service is transferred to another residence, a twenty dollar ($20.00) transfer fee
shall be charged.
(e) An additional charge of thirty dollars ($30.00) will be added to the turn -on charge for
service requested before 8:00 a.m. and after 4:30 p.m. on business days.
(Code 1970, § 27-6; Ord. No. 80-85-25, § 1, 3-11-85; Ord. No. 5-85-15, § 2, 1-13-86; Ord. No.
80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-00-62, § 1, 9-25-00; Ord.
No. 80-02-66, § 1, 1-27-03)
Sec. 22-21. Testing of meters; liability for cost of testing; adjustment of bills.
Upon written request of a consumer, the meter will be tested by the city. The city will require
a deposit to defray cost of testing. Such deposit shall be as follows:
Meter Size
(inches) Fee
5/8 by 3/4 $ 25.00
1 and 11/2 25.00
2 25.00
Above 2 Actual cost
If the meter, when tested, is found to be not more than two (2) percent fast, the deposit shall
be forfeited to the city as a service charge for conducting the test; otherwise, the expense of the
test will be borne by the city and billing adjustments for a period not to exceed twelve (12)
months will be made.
(Code 1970, § 27-7; Ord. No. 80-86-33, § 1, 11-24-86; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-22. Fee established for re -read of meters.
Upon request of a consumer, the meter will be re -read by the city. A fee of twenty dollars
($20.00) will be charged for all customer -requested re -reads when it is determined that the
initial read was not in error. At the discretion of the city manager, or his designee, the city may
perform a re -read at no cost to the consumer.
(Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-02-66, § 2,
1-27-03)
Supp. No. 38 1279
§ 22-23 ATLANTIC BEACH CODE
Sec. 22-23. Liability of consumer for charges; no allowance to be made for vacant
houses unless water shut off.
Liability for service shall begin on the day the consumer is connected to the city water main
and shall continue thereafter until the service is disconnected for nonpayment or for other
cause, or after written notice is given the city by the consumer of his desire to terminate the
service. No allowance will be made for vacant houses unless a request in writing to have the
water shut off is received by the city, nor will any allowance be made for any shut-off period
less than thirty (30) days.
(Code 1970, § 27-8; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-24. Basis for billing if meter fails to register.
If any meter on a consumer's premises is destroyed by fire or other causes or fails to register,
the consumer will be billed for the period involved on a basis of previous consumption.
(Code 1970, § 27-9; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-25. Determination of classification of service for each consumer.
The city manager, or some person designated by him, shall have the authority to determine
what type of service shall be rendered by the city to each consumer.
(Code 1970, § 27-10; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-26. Property owner responsible to city for water charges.
The city will install and properly maintain, at its own expense, such meters and associated
piping au may be rnccessa y to meas e iie water service used by the consumer. Ali meters and
associated piping and meter box or vvault installed by the city shall remain the property of the
city. It shall be unlawful for anyone to tamper with any city appurtenances of water services.
The consumer shall protect the city's meter and appurtenances. In the event of any loss or
damage to the property of the city caused by or arising out of carelessness, neglect or misuse
by the customer, the cost of replacing or repairing such damaged property shall be paid by the
customer or property owner.
(Code 1970, § 27-11; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-27. Charges for water service.
The reasonable rates, rentals, fees and other charges for the use of the services and facilities
of the city waterworks system are hereby found and determined to be and are hereby fixed and
established as follows:
(1) Monthly water base facility charges for customers inside the city: Amonthly water base
facility charge will be levied upon each connection in accordance with the following
table:
Supp. No. 38 1280
UTILITIES
§ 22-27
Water base facility charges for the commercial classifications are based upon the meter
size and they will become effective as follows:
Meter Size
in inches
Effective
October 1, 2009
Residential
Single-family residential and single-family individually-
metered mobile homes
$8.97 per account
Multifamily residential
6.73 per unit
Master -metered mobile homes
6.73 per site
Travel trailers
6.73 per site
Hotel/motel
6.73 per room
Hotel/motel with kitchen
6.73 per room
Commercial
Master -metered commercial
8.97 per unit
Restaurants, laundries, and car wash connections
Based on meter size phase in
table below
All other commercial customers
Based on meter size phase in
table below
Irrigation
All residential
8.97 per account
All commercial
Based on meter size phase in
table below
Water base facility charges for the commercial classifications are based upon the meter
size and they will become effective as follows:
Meter Size
in inches
Effective
October 1, 2009
5/8 or 3/4
$8.97
1
11.22
11/2
22.43
2
35.85
3
71.73
4
112.08
6
224.17
8
358.67
(2) Schedule of water volume charges for customers inside the city.
(a) Single units: There are hereby established inclining block volume charges for
single-family residential and single-family individually -metered mobile homes,
per account, as follows:
Block
Upper Limit
(Gallons per month)
Rate per 1,000 gallons
Effective
October 1, 2009
1
3,000
$1.02
Supp. No. 38
1281
§ 22-27 ATLANTIC BEACH CODE
Block
Upper Limit
(Gallons per month)
Rate per 1,000 gallons
Effective
October 1, 2009
2
8,000
2.44
3
13,000
2.88
4
18,000
4.31
5
Over 18,000
6.50
(b) Multiple units and commercial accounts: There is hereby established an inclining
block volume charge for all multiunit residential and multiunit commercial
accounts as follows:
Block
Upper Limit
(Gallons per month)
Rate per 1,000 gallons
Effective
October 1, 2009
1
2,000
$1.02
2
Over 2,000
2.44
(c)
Single unit irrigation: There is hereby established an inclining block irrigation
volume charge for all single-family residential and single-family individually -
metered mobile homes, per account, as follows:
Block
Upper Limit
(Gallons per month)
Rate per 1,000 gallons
Effective
October 1, 2009
1
13,000
$2.88
2
18,000
4.31
3
Over 18,000
6.50
(d) Multiple unit and commercial irrigation: There is hereby established an inclining
block volume charge for all multiunit residential irrigation accounts and all
commercial irrigation accounts as follows:
Block
Upper Limit
(Gallons per month)
Rate per 1,000 gallons
Effective
October 1, 2009
1
3,000
$1.02
2
Over 3,000
2.44
(3) Commercial outside the city: The rates applicable to customers outside of the city shall
be one and one-quarter (1.25) times the rates above for both monthly water base
facility charges and water volume charges.
(Code 1970, § 27-12; Ord. No. 80-81-20, 9-28-81; Ord. No. 80-85-27, § 1, 4-8-85; Ord. No.
80-91-45, § 1, 12-16-91; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-00-62, § 2, 9-25-00; Ord.
No. 80-03-67, § 1, 9-22-03; Ord. No. 80-04-69, § 1, 7-26-04; Ord. No. 80-05-72, § 1, 9-26-05; Ord.
No. 80-06-73, § 1, 9-25-06; Ord. No. 80-07-74, § 1, 9-24-07; Ord. No. 80-08-78, § 1, 10-27-08;
Ord. No. 80-10-80, § 1, 9-27-10)
Supp. No. 38 1282
UTILITIES § 22-28
Sec. 22-27.1. Utility deposits.
(a) A deposit of one hundred twenty-five dollars ($125.00) will be required for all new
single-family residential accounts. A deposit representing two (2) months' average charges for
utility services, i.e., water, sewer, stormwater and garbage, will be required for all other new
utility accounts. Upon termination of utility services, the customer's deposit will first be
applied to any balances owed on his account. Any balance remaining will be refunded to the
customer or transferred to another account upon request of the customer.
(b) The deposit of any customer shall be refunded after twenty-four (24) months from the
date of deposit, provided the customer is current in all payments and has timely made all
payments during the preceding twenty-four (24) months. If any customer becomes delinquent
in payments after his deposit has been refunded pursuant to this section, the city may require
an additional deposit for service to continue.
(Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-96-58, § 1, 10-28-96; Ord. No. 80-00-62, § 3,
9-25-00; Ord. No. 80-04-68, § 1, 7-26-04)
Sec. 22-28. Water impact fees, installation charges, etc.
The following schedule of rates and installation charges for water connections, facilities,
service and water provided or furnished by the city through its waterworks system is hereby
adopted and established:
(1) Water tap and meter installation charges. Charges for providing and approving
connections to the water system with installation charges performed by the city are as
follows and shall be in addition to system development charges.
a. All units. Cost for labor and materials as provided in section 2-368 of the City
Code.
Approved utility contractors may construct larger services at their own expense,
but will be subject to a two -hundred -dollar inspection fee.
All new construction, rehabilitation and/or remodeling will require cross -
connection control devices and shall be assessed an inspection fee as follows:
Two-inch and under $ 50.00
Over two-inch 200.00
Reinspection visit 50.00
b. Meter charge. All meters will be furnished by the city and the cost is included in
the established installation charge.
c. Change in service size. Whenever a user requests a change in the size of a service
previously installed, such user shall accompany such request with payment of the
same charges per schedule a above, together with any meter cost involved, as are
applicable to the new service requested. The user shall also be required to pay
Supp. No. 38 1282.1
§ 22-28 ATLANTIC BEACH CODE
any and all increases in capital improvement charges from the existing meter size
to the meter size requested, whether or not the existing service was required to
pay any fees, utilizing the rates in effect at time of request.
d. Change in service location. Whenever a user requests a change in location of a
service connection previously installed, such user shall accompany such request
with payment of the same charges, per schedule (1)a., for installation.
e. System development charge.
Size of Meter
(inches) Charge
3/4 $1,140.00
1 1,904.00
11/2 3,796.00
2 6,076.00
3 11,400.00
4 19,004.00
6 37,996.00
8 60,796.00
Disposition, use of revenues. All revenues collected by the city for water capital
improvement charges shall be deposited and held in a special fund to be known as and
hereby designated "the water capital improvement fund". The monies deposited and
held in said fund and all interest accrued thereto shall be used only for the
improvements, expansion and/or replacement of the water system of the city.
(Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-05-71, § 1, 3-14-05; Ord. No. 80-08-76, § 2,
8-25-08)
Sec. 22-29. Due dates and late fees.
Bills for minimum and excess water will be rendered at regular intervals, but the rendering
of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill
shall not release or diminish the obligation of the consumer with respect to payment thereof,
or relieve the consumer of any obligation under this chapter. The bills for service shall be due
and payable on the date of billing and shall become delinquent fifteen (15) days thereafter. If
Supp. No. 38 1282.2
UTILITIES § 22-39
(d) If the future development of the area beyond the limits of the proposed development
requires the installation of a water main larger than the main required for domestic and fire
service within the proposed development, the city shall agree to pay the difference in the cost
of materials only between the main capable of providing domestic and fire service within the
proposed development and the main necessary to serve the area beyond the development. The
method of payment of this cost by the city shall be negotiated between the developer and the
city.
(Code 1970, § 27-21)
Sec. 22-38. Extensions of water mains of more than one hundred feet in existing
streets.
Any application for water service on a street right-of-way or easement existing or dedicated
prior to January 1, 1961, requiring an extension in excess of one hundred (100) feet, shall be
approved by the city commission. If the city commission finds that it is not economically
feasible to construct the water line and the applicant provides the necessary funds to construct
the line, the city and the applicant shall agree by written contract to the refunding to the
applicant of the funds. The method and amount of refunding shall be negotiated between the
applicant and the city.
(Code 1970, § 27-22)
Sec. 22-39. Water conservation.
(a) The city hereby adopts each of the provisions set forth in the district's rule 40c -
2.042(2)(a), F.A.C., which regulates small irrigation uses below consumptive use permit
thresholds, regardless of whether the water comes from ground or surface water, from a
private well or pump or from a public or private utility.
(b) A variance from the specific landscape irrigation days or day set forth in Rule
40C -2.042(2)(a)1. and 2., F.A.C. may be granted if strict application of the scheduled days or
day would lead to unreasonable or unfair results in particular instances, provided that the
applicant demonstrates with particularity that compliance with the scheduled days or day will
result in substantial economic, health or other hardship on the applicant requesting the
variance or those served by the applicant. Where a contiguous property is divided into different
zones, a variance may be granted hereunder so that each zone may be irrigated on different
days or day than other zones of the property. However, in no event shall a variance allow a
single zone to be irrigated more than two days per week during daylight savings time or more
than one (1) day per week during eastern standard time.
(c) District Rule 40C -2.042(2)(a), F.A.C. will be enforced by the city's code enforcement
officer through the city's code enforcement process pursuant to chapter 1 General Provisions,
section 1-11 General penalty; continuing violations.
(Ord. No. 80-10-79, § 1, 8-23-10)
Editor's note—Section 1 of Ord. No. 80-10-79, adopted Aug. 23, 2010, repealed the former
§ 22-39 and enacted a new § 22-39 as set out herein. The former § 22-39 pertained to water
shortages and derived from Ord. No. 80-82-21, adopted April 26, 1982; and Ord. No. 80-08-75,
adopted Jan. 28, 2008.
Supp. No. 38 1284.1
§ 22-40 ATLANTIC BEACH CODE
Sec. 22-40. Wells—Permit required.
Any person, firm, corporation, individual or other entity wishing to dig a water well for any
purpose within the corporate limits of the City of Atlantic Beach must first obtain, therefore,
a permit at a cost of ten dollars ($10.00) from the building department of the city of Atlantic
Beach, Florida.
(Ord. No. 80-85-29, § 1, 12-9-85)
Sec. 22-41. Same—Bacteriological tests for potable water.
Any person, individual, corporation or other entity receiving a permit as provided in section
22-40 herein, and who plans to use water from the permitted well for drinking purposes, must
first obtain a bacteriological test report from the State of Florida health department,
furnishing a certified copy thereof to the building department of the City of Atlantic Beach,
Florida.
(Ord. No. 80-85-29, § 1, 12-9-85)
Sec. 22-42. Definitions.
Cross connection means any physical arrangement whereby a public water supply is
connected, directly or indirectly, with any other water supply system, sewer, drain, lawn
sprinkler, conduit, pool, storage reservoir, plumbing fixtures, appliances, or other devices
which contain or may contain contaminated water, sewage or other waste or liquid of unknown
or unsafe quality which may be capable of imparting contamination to the public water supply
as the result of backflow. Bypass arrangements, jumper connections, removeable sections,
swivel or changeable devices and other temporary or permanent devices through which or
because of which backflow could occur are considered to be cross connections.
(Ord. No. 80-92-50 § 1, 10-19-99)
Sec. 22-43. Cross connections; backflow devices.
(a) No consumer of water from the city water system shall have a cross connection or
potential cross connection either inside or outside of any building or buildings without a
backflow prevention device being installed to prevent any and all backflow.
(b) Only the following are considered to be backflow prevention devices and shall be
installed in agreement with and under supervision of the supplier of water or his designated
representative:
(1) Air gap separation. A physical separation between the free-flowing discharge end of a
potable water supply pipeline and an open or nonpressure receiving vessel. This gap
must be at least double the diameter of the supply pipe measuresd vertically above the
rim of the vessel and in no case less than one (1) inch.
(2) Reduced -pressure backflow preventer. A device containing within its structure a
minimum of two (2) independently acting, approved check valves, with an automati-
cally operating pressure differential relief valve located between the two (2) check
Supp. No. 38 1284.2
UTILITIES § 22-56
valves that will discharge to the atmosphere if the check valves should fail. This unit
shall include tightly closed shut-off valves located at each end of the device and each
device shall be fitted with properly located test cocks.
(3) Atmospheric vacuum breaker. This device is operated by atmospheric pressure in
combination with the force of gravity. The unit is designed to work on a vertical plane
only. The one moving part consists of a poppet valve which must be carefully sized to
the slide in a guided chamber and effectively shut off the reverse flow of water when
there is a negative pressure.
(4) Pressure vacuum breaker. This device is similar to an atmospheric vacuum breaker,
except that the checking unit "poppet valve" is activated by a spring and does not
require a negative pressure to react.
(5) Double check -valve assembly. An assembly composed of two (2) single, independently
acting drip -tight check valves, including tightly closing shut-off valves at each end and
suitable connections for testing the water tightness of each check valve.
(c) The city or its representatives with proper identification may enter at any time inside or
outside of any building or buildings for the purpose of checking for cross connections. If a cross
connection or potential cross connection is found, the city shall have the right to discontinue
water services until the problem has been corrected by elimination or until a proper backflow
prevention device has been installed. All backflow prevention devices will be checked
periodically by a city representative to insure proper operation.
(d) These provisions relative to a cross connection have been established for the protection
of all the inhabitants of the city and to comply with Chapter 17-22.107(4), Florida Adminis-
trative Code.
(e) All water services and plumbing fixtures shall conform to the latest edition of the City
of Atlantic Beach Cross Connection Control Policy Manual.
(Ord. No. 80-92-50, § 1, 10-12-92)
Secs. 22-4-22-55. Reserved.
ARTICLE III. WASTEWATER SYSTEM*
DIVISION 1. GENERALLY
Sec. 22-56. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
ascribed to them by this section:
Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5) days
at twenty (20) degrees Celsius expressed in milligrams per liter.
*Cross reference—Plumbing code, § 6-56 et seq.
Supp. No. 38 1284.3
§ 22-56 ATLANTIC BEACH CODE
Building drain shall mean that part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, and shall terminate five (5) feet or one and
five -tenths (1.5) meters outside the outer face of the building wall.
Building sewer shall mean the extension from the building drain to the public sewer or other
place of disposal, and shall commence five (5) feet or one and five -tenths (1.5) outside the outer
wall of the building.
City manager shall mean the city manager of the city or his authorized deputy agency, or
representative, such as the city engineer, public works superintendent, superintendent of
wastewater facilities, etc.
Combined sewer shall mean a sewer intended to receive both wastewater and storm or
surface water. Such combined sewer shall be prohibited.
Easement shall mean an acquired legal right for the specific use of land owned by others.
Floatable oil shall mean oil, fat, or grease in a physical state such that it will separate by
gravity from wastewater by treatment in an approved pretreatment facility. Wastewater
Supp. No. 38 1284.4
UTILITIES § 22-166
testing pertinent to discharge to the community system in accordance with the provisions of
this article. The city shall have the right to suspend service if permission is denied.
(Ord. No. 80-83-23, § I(Art. VII, § 1), 6-27-83)
Sec. 22-152. Information concerning industrial processes.
The city manager or other duly authorized employees are authorized to obtain information
concerning industrial processes which have a direct bearing on the kind and source of
discharge to the wastewater collection system. The industry must establish that the revelation
to the public of the information in question might result in an advantage to its competitors.
(Ord. No. 80-83-23, § I(Art. VII, § 2), 6-27-83)
Sec. 22-153. Observing safety rules; indemnification and liability.
While performing the necessary work on private properties referred to in section 22-151, the
manager or duly authorized employees of the city shall observe all safety rules applicable to
the premises established by the company, and the company shall be held harmless for injury
or death to the city employees, and the city shall indemnify the company against loss or
damage to its property by city employees and against liability claims and demands for personal
injury or property damage asserted against the company and growing out of the gauging and
sampling operation, except as such may be caused by negligence or failure of the company to
maintain safe conditions as required in section 22-134.
(Ord. No. 80-83-23, § I(Art. VII, § 3), 6-27-83)
Sec. 22-154. Easements.
The city manager and other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter all private properties through which
the city holds a duly negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance of any portion of the wastewa-
ter facilities lying within the easement. All entry and subsequent work, if any, on the
easement, shall be done in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
(Ord. No. 80-83-23, § I(Art. VII, § 4), 6-27-83)
Secs. 22-155-22-165. Reserved.
DIVISION 7. SEWER USER RATES AND CHARGES
Sec. 22-166. Monthly wastewater base facility charges.
Wastewater base facility charges will be levied monthly as follows:
(a) Monthly wastewater base facility charge for customers inside the city. A monthly base
charge will be levied upon each connection in accordance with the following:
An equivalent residential unit (ERU) is defined as a wastewater connection that
delivers three hundred (300) gallons per day (gpd) of typically domestic wastewater
flow to the waste stream, or equivalent to a residence serviced by a three -fourths -inch
water meter.
Supp. No. 38 1295
§ 22-166
ATLANTIC BEACH CODE
The ERU factor for the commercial classification is based upon meter size as follows:
Meter Size
in inches
Effective
October 1, 2010
Residential
Single-family residential and single-family individually -me-
tered mobile homes, per account
$20.46
Multifamily residential, per unit
15.35
Master -metered mobile homes, per site
15.35
Travel trailers, per site
12.30
Hotel/motel, per room
10.26
Hotel/motel with kitchen, per room
12.30
Commercial
Master -metered commercial, per unit
20.46
Restaurants, laundries, and car wash connections
20.46 x ERU factor
All other commercial customers
20.46 x ERU factor
The ERU factor for the commercial classification is based upon meter size as follows:
Meter Size
in inches
ERU factor
5/8 x 3/4
1.00
1
1.28
11/2
2.08
2
2.88
3
5.60
4
10.00
n
u
20.00
8
30.00
(b) Customers outside the city. The rates applicable to customers outside of the city shall be
one and one-quarter (1.25) times the rates above.
(Ord. No. 80-83-23, § I(Art. VIII, § 1), 6-27-83; Ord. No. 80-85-28, § 1, 11-11-85; Ord. No.
80-86-30, § 1, 3-24-86; Ord. No. 80-86-31, § 1, 6-23-86; Ord. No. 80-87-34, § 1, 6-22-87; Ord. No.
80-91-45, § 2, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord.
No. 80-00-62, § 4, 9-25-00; Ord. No. 80-03-67, § 2, 9-22-03; Ord. No. 80-04-69, § 2, 7-26-04; Ord.
No. 80-05-72, § 1, 9-26-05; Ord. No. 80-06-73, § 1, 9-25-06; Ord. No. 80-07-74, § 1, 9-24-07; Ord.
No. 80-10-80, § 1, 9-27-10)
Sec. 22-167. Schedule of wastewater volume charges.
(a) Customers inside the city. There are hereby established block volume charges for
customers inside the city as follows:
(1) Single-family residential and single-family individually -metered mobile homes, per
account, as follows:
Supp. No. 38 1296
UTILITIES
§ 22-170
Block
Upper Limit
(Gallons per month)
Rate per 1,000 Gallons
Effective
October 1, 2010
1
3,000
$1.62
2
13,000
5.67
3
Over 13,000
0.00
(2) Multiunit residential and all commercial units as follows:
Block
Upper Limit
(Gallons per month)
Rate per 1,000 Gallons
Effective
October 1, 2010
1
3,000
$1.62
2
Over 3,000
5.67
(b) Customers outside the city. The rates applicable to customers outside of the city shall be
one and one-quarter (1.25) times the rates above.
(Ord. No. 80-83-23, § I(Art. VIII, § 2), 6-27-83; Ord. No. 80-83-24, § 1, 9-12-83; Ord. No.
80-85-28, § 2, 11-11-85; Ord. No. 80-86-31, § 2, 6-23-86; Ord. No. 80-88-38, § 1, 3-14-88; Ord. No.
80-88-40, § 1, 6-13-88; Ord. No. 80-91-45, § 3, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92; Ord.
No. 80-95-55, § 3, 2-27-95; Ord. No. 80-00-62, § 5, 9-25-00; Ord. No. 80-03-67, § 3, 9-22-03; Ord.
No. 80-04-69, § 2, 7-26-04; Ord. No. 80-05-72, § 1, 9-26-05; Ord. No. 80-06-73, § 1, 9-25-06; Ord.
No. 80-07-74, § 1, 9-24-07; Ord. No. 80-08-78, § 1, 10-27-08; Ord. No. 80-10-80, § 1, 9-27-10)
Sec. 22-168. Review and changes of rates.
The uniform rates and charges established by this division may be reviewed annually, or as
directed by the city commission, and any change of rates and charges shall be established by
ordinance of the city commission after due public notification. Any rates and charges
established as provided in this division shall be binding with the same force and effect as if
incorporated in this section.
(Ord. No. 80-83-23, § I(Art. VIII, § 3), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92)
Sec. 22-169. Connection fees.
Charges for providing and approving connections to the sewer system with installation
performed by the city are as follows and shall be in addition to impact fees.
All units: Cost for labor and materials as provided in section 2-368 of the City Code.
(Ord. No. 80-83-23 § I(Art. VIII, § 4), 6-27-83; Ord. No. 80-87-35, § 1, 9-28-87; Ord. No.
80-92-51, § 3, 11-23-92)
Sec. 22-170. System development charge.
For each new connection to the city's system of sewerage, the following system development
charge shall be applicable:
Supp. No. 38 1297
§ 22-170 ATLANTIC BEACH CODE
Size of Water Connection
(meter size, in inches) Charge
3/4' $4,050.00
1n 6,764.00
11/2" 13,487.00
2" 21,587.00
3 40,500.00
4" 67,514.00
6"134,987.00
8" 215,987.00
The sewer system development charges are based upon the size of the water meter serving
the requested connection. In the event the city does not provide water service to the property
requesting sewer service, the city shall determine the appropriate charge based upon the
existing water service from another purveyor, the proposed water service size from another
purveyor or other such comparable determination method.
Disposition, use of revenues. All revenues collected by the city for sewer system develop-
ment charges shall be deposited and held in a special fund to be known as and hereby
designated the "sewer capital improvement fund." The monies deposited and held in said fund
and all interest accrued thereto shall be used only for improvements, upgrades or expansion
of the sewer system of the city.
(Ord. No. 80-83-23, § 1(Art. VIII, § 5), 6-27-83; Ord. No. 80-89-42, § 1, 9-11-89; Ord. No.
80-92-51, § 3, 11-23-92; Ord. No. 80-08-76, § 3(a), 8-25-08)
Sec. 22-171. Payment of connection fees and system development charges.
Payment of connection tees and system development charges shall be due and payable on
the date of issuance of a building permit. A complete building permit application must be
received on or before December 1, 2008, to be vested from the new fees. A complete building
permit application will be considered complete when all items are submitted in accordance
with the building department checklist. To remain vested the building permit application must
remain current in accordance with requirements of the Florida Building Code and will be void
if expiration of the application occurs in accordance with any state or local law. System
development charges are nontransferable.
Owner of all properties required to abandon existing septic tanks and connect to the city
sewer as per section 22-74 shall be allowed to pay the existing system development charges
prior to December 1, 2008, and delay connection to the city sewer until the expiration date of
their assessment. (Assessments on Beach Avenue expire in May 2010, and in Marsh Oaks
(f/k/a Section H) in November 2011.)
For new and existing buildings or structures, the city manager may allow payment of fees
on an extended payment plan for up to fifteen (15) years if the owner has demonstrated to the
satisfaction of the city manager that the lump sum payment will constitute a hardship to the
Supp. No. 38 1298
Chapter 24
LAND DEVELOPMENT REGULATIONS*
Art. I. In General, §§ 24-1-24-15
Art. II. Language and Definitions, §§ 24-16-24-30
Art. III. Zoning Regulations, §§ 24-31-24-185
Div. 1. 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, 24-177
Div. 9. Florida -Friendly Landscaping and Landscape Irrigation, §§ 24-178-24-
185
Art. IV. 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
Art. V. 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
Art. VI. 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. 38 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. 38 1404
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 cost of carrying out the require-
ments of this chapter and also to cover the costs for planning, zoning, engineering utility and
specific use 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 for
specific use verified complaint -based and permit reinstatement reviews must be paid prior to
scheduling of subsequent compliance inspections. 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
Supp. No. 38 1445
§ 24-69 ATLANTIC BEACH CODE
e. Landscape plan 100.00
(7) Subdivision
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
(d) Specific use review fees.
(1) Dog -friendly dining
a. Initial application (full year) 175.00
Supp. No. 38 1446
LAND DEVELOPMENT REGULATIONS § 24-80
(Half year)
Includes processing of application, initial inspection, permit
issuance, and three subsequent quarterly compliance inspec-
tions.
b. Renewal application
Includes annual compliance review and inspection, permit
issuance, and three subsequent quarterly compliance inspec-
tions.
c. Verified complaint -based compliance
Includes one (1) compliance inspection, upon verification of a
complaint -based violation. Each additional re -inspection for
failed compliance will be charged this same amount.
d. Permit reinstatement
Includes one (1) compliance inspection, upon suspension due to
violations documented at time of quarterly inspection, and
permit reinstatement/issuance. Each additional re -inspection
for failed compliance will be charged this same amount.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 95-10-102, § 2, 1-10-11)
Secs. 24-70-24-80. Reserved.
Supp. No. 38 1446.1
90.00
125.00
55.00
55.00
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.
0001011011011QIIIID11
(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. 38 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.
(Orli. ( I1 1 n n/T l A
I O. ,v 1v-�12, § �� ,xrl. �t), 3-8-10}
Section 24-158. Dog -friendly restaurants.
(a) Purpose and intent. The Dixie Cup Clary Local Control Act, F.S. § 509.233, grants the
city the authority to provide exemptions from certain portions of the United States Food and
Drug Administration Food Code, as amended from time to time, and as adopted by the State
of Florida Division of Hotels and Restaurants of the Department of Business and Professional
Regulation, in order to allow patrons' dogs within certain designated outdoor areas of their
respective establishments while providing for regulation and enforcement required to pro-
mote, protect, and maintain the health, safety and welfare of the public. By authority of F.S.
§ 509.233(2), there is hereby created in the City of Atlantic Beach, Florida such a local
exemption procedure, known as the City of Atlantic Beach Dog -Friendly Restaurants.
(b) Applicability. No dog shall be allowed in a public food service establishment unless
authorized by state law and the public food service establishment has received and maintains
an unexpired permit pursuant to this section allowing dogs in designated outdoor dining areas
of the establishment.
Supp. No. 38 1488
LAND DEVELOPMENT REGULATIONS § 24-158
(c) Definitions. As used in this section, the following terms shall be defined as set forth
herein unless the context clearly indicates or requires a different meaning:
Administrator shall mean the representative(s) of the city as designated by the city
manager to oversee administration and enforcement of this section.
Division shall mean the Division of Hotels and Restaurants of the State of Florida
Department of Business and Professional Regulation.
Dog shall mean an animal of subspecies Canis lupus familiaris.
Employee shall mean owner, manager, host, wait staff, cook, dishwasher or any other person
involved in the operation of the public food service establishment.
Outdoor area shall mean an area not enclosed in a building and which is intended or used
as an accessory area to a public food service establishment which provides food and/or drink
to patrons for consumption in the area.
Patron shall mean any guest or customer of a public food service establishment.
Public food service establishment and food service establishment shall mean any building,
vehicle, place, or structure, or any room, division, or area in or adjacent to a building,
vehicle, place or structure where food is prepared, served, or sold for immediate consump-
tion on or in the vicinity of the premises; called for or taken out by customers; or prepared
prior to being delivered to another location for consumption.
(d) Permit requirements. No public food service establishment within the city shall have or
allow any dog on its premises unless the food service establishment possesses a valid permit
issued in accordance with this section, or unless otherwise permitted pursuant to Florida
Statutes.
(1) Permit application. An applicant for a dog -friendly restaurant permit shall submit the
established fees along with the application form 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 the
provisions of this section and deemed reasonably necessary for the enforcement of the
provisions of this section, but shall require, at a minimum, the following information:
a. The name, location, and mailing address of the food service establishment.
b. The appropriate and current Division -issued license number for the public food
service establishment on all application materials.
c. The name, mailing address, and telephone contact information for the owner of
the public food service establishment.
d. The name, mailing address and telephone contact information for the manager of
the public food service establishment.
e. The name, mailing address, and telephone contact information for the permit
applicant.
Supp. No. 38 1488.1
§ 24-158 ATLANTIC BEACH CODE
f A diagram and description of the outdoor area to be designated as available to
patrons' dogs, including the following:
1. Dimensions of the designated area;
2. A depiction of the number and placement of tables, chairs, and restaurant
equipment, if any;
3. The entryways and exits to the designated outdoor area;
4. The boundaries of the designated area and of other areas of outdoor dining
not available for patrons' dogs;
5. Any fences or other barriers; and
6. Surrounding property lines and public rights-of-way, including sidewalks
and common pathways.
The diagram or plan shall be accurate and to scale but need not be prepared by
a licensed design professional.
g. A description of the days of the week and hours of operation that patrons' dogs
will be permitted in the designated outdoor area.
h. The property owner's authorization shall also be required if the applicant is not
the property owner.
(2) Fees. The city commission shall establish reasonable fees to cover the cost of processing
an initial application and issuing the permit, including a portion for initial permit
compliance inspection and program monitoring. Separate fees shall be established for
verified complaint -based and permit reinstatement compliance inspections. Such fees
are detailed in section 24-69 of this chapter.
(3) Permit application review and approval. Permit applications submitted under this
Section shall be reviewed and approved by the administrator in accordance with the
following:
a. The permit application shall be submitted at least thirty (30) days prior to the
date anticipated by the food service establishment for inception of the program in
the designated outdoor area.
b. The applicant shall be required to prominently display notice within the food
service establishment that application has been made for a dog -friendly restau-
rant permit. The notice shall indicate the portion of the seating area for which
permitting is requested and the anticipated start date of service. The notice shall
be displayed commencing the date application is made and continue until such
date the permit is issued or the application is withdrawn or abandoned.
c. No permit shall be issued for any outdoor seating area which has not been
properly authorized by the city or which does not meet all applicable criteria of
the city's land development regulations and regulations of the division.
Supp. No. 38 1488.2
LAND DEVELOPMENT REGULATIONS § 24-158
d. For permits authorizing dogs within the outdoor areas of a food service estab-
lishment located on any right-of-way or other property of the city or any other
governmental entity, the administrator shall require the applicant to produce
evidence of the following:
1. A valid right-of-way, sidewalk, or other permit, license, or lease showing the
food service establishment has the right to occupy and use the area; and
2. A properly executed insurance endorsement providing commercial general
liability insurance coverage in an amount of no less than five hundred
thousand dollars ($500,000.00) per occurrence and one million dollars
($1,000,000.00) aggregate. The policy shall not have any exclusion for
animals or animal bites. All insurance shall be from companies duly
authorized to do business in the State of Florida. All liability policies shall
be endorsed to provide that the city or any other appropriate governmental
entity is an additional insured as to the operation of the outdoor dining area
on such government property.
e. After the administrator determines the application for a permit to be complete
and in compliance with this section, the administrator shall cause inspection of
outdoor areas of the food service establishment designated in the application for
compliance with the provisions of this section. A food service establishment found
not in compliance upon such inspection shall have a reasonable time in which to
correct any deficiencies found. Upon correction of such deficiencies, the public
food service establishment shall request re -inspection and pay a re -inspection fee.
f. A food service establishment making application for or issued a permit under this
Section shall provide access to the premises of the food service establishment
upon request of the administrator or any designated official of the city or the
division for periodic inspections and monitoring for compliance. Neither advance
notice nor written request shall be required for such inspections.
An application shall be deemed abandoned if it remains incomplete in the
determination of the administrator for a period of ninety (90) days after notice to
the applicant of the deficiencies in the application or if inspection of the food
service establishment revealed deficiencies in compliance with this Section and
the applicant has not requested reinspection within such period.
h. A permit issued pursuant to this section shall not be transferrable to a
subsequent owner upon the sale or transfer of a public food serviced establish-
ment, but shall expire automatically upon the sale, lease, or other transfer of an
interest in the food service establishment, and service under such expired permit
shall cease. The subsequent owner, lessee, or other person acquiring an interest
in the food service establishment shall be required to reapply for a permit
pursuant to this section if such person desires to continue to accommodate
patrons' dogs according to the provisions of this program.
g.
Supp. No. 38 1488.3
§ 24-158 ATLANTIC BEACH CODE
(4) Permit expiration. Each permit issued under this section shall expire on September 30
next following issuance, regardless of when issued.
(5) Permit renewal. Each September, the administrator shall review the compliance
records for each public food service establishment with a current dog -friendly restau-
rant permit and send out renewal notices to those establishments not having
substantial and/or habitual violations during the past year. Upon receipt of a complete
renewal application and appropriate fees, and successful permit inspection, the
Administrator shall issue a renewal permit with an effective date of October 1 of that
year.
The administrator shall issue a consultation notice to those food service establish-
ments having substantial and/or habitual violations during the past year. At consul-
tation, the administrator and the applicant shall discuss severity and frequency of
violations documented during the past year, and the Administrator shall determine
whether or not the applicant may apply for a probationary renewal permit. Any food
service establishment issued consultation notices for two (2) consecutive years shall be
prohibited from applying for a dog -friendly restaurant permit.
(6) Permit revocation. A permit issued under this section may be revoked by the
administrator subject to the following conditions.
a. A permit issued under this section may be revoked by the administrator if, after
notice and reasonable time in which the grounds for revocation may be corrected,
the food service establishment fails to comply with any condition of approval, fails
to comply with the approved diagram, fails to maintain any required state or local
license or permit, fails to pay when due any permit, renewal, inspection, or
re -inspection fees, is found to be in violation of any provision of this section, this
chapter, this Code, or regulations of the division, or there exists any other threats
to the health, safety, or welfare of the public. The administrator may suspend the
permit and the food service establishment shall cease service under the permit
pending correction of the grounds for revocation. If the grounds for revocation are
a failure to maintain any required state or local license or permit, revocation may
take effect immediately upon giving notice of revocation to the food service
establishment owner or manager. A suspension or revocation by the administra-
tor shall be appealable as provided in the general appeal provision of this chapter,
but shall remain in effect during the course of such appeal.
b. If a permit issued to a food service establishment under this section is revoked,
no new permit may be approved or issued for such food service establishment
until the expiration of one hundred eighty (180) days following the date of such
revocation, at which time the applicant may request a consultation with the
administrator to discuss issuance of a renewal permit.
Supp. No. 38 1488.4
LAND DEVELOPMENT REGULATIONS § 24-158
(e) Use -specific standards. In addition to the general development standards and those
specific to the applicable zoning district, any public food service establishment that receives a
permit to allow dogs within a designated outdoor dining area pursuant to this section shall
require observation and compliance with the following use -specific standards.
(1) The public food service establishment and designated outdoor area shall comply with
all permit conditions and the approved diagram.
(2) Permits shall be conspicuously displayed in the designated outdoor area.
(3) Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.
(4) A kit with appropriate materials and supplies for cleaning and sanitizing an area
soiled by dog waste shall be maintained in the designated outdoor area. Dog waste
shall not be carried in or through indoor portions of the public food service establish-
ment.
(5) Ingress and egress to the designated outdoor area shall not require entrance into or
passage through any indoor area or nondesignated outdoor areas of the public food
service establishment.
(6) No dogs shall be allowed in the designated outdoor areas of the food service
establishment if a violation of any of the requirements of this Section exists.
(7) All dogs shall wear a current license tag or rabies tag and the patron shall have a
current license certificate or rabies certificate immediately available upon request.
(f) Required signs. Any public food service establishment that receives a permit to allow
dogs within a designated outdoor dining area pursuant to this Section shall provide signage in
accordance these standards and content.
(1) Sign standards. Signs must comply with the following:
a. Lettering must be no less than a thirty-six (36) point font.
b. Lettering must be in a contrasting color to the sign background so as to be visible
and readable.
(2) Employee -directed content signs. Signs with the following rules must be prominently
posted in an employee area.
a. Employees shall wash their hands promptly after touching, petting, or otherwise
handling any dog, and shall wash their hands before entering other parts of the
public food service establishment from the designated outdoor area.
b. Employees shall be prohibited from touching, petting, or otherwise handling any
dog while serving food or beverages or while handling tableware.
c. Employees shall not permit any dog to be in, or to travel through, indoor or
nondesignated outdoor areas of the public food service establishment.
d. Employees shall not allow any dog to come into contact with serving dishes,
utensils, tableware, linens, paper products, or any other items involved in food
service operations.
Supp. No. 38 1488.5
§ 24-158 ATLANTIC BEACH CODE
e. Employees shall not allow any part of a dog to be on chairs, tables or other
furnishings. Dogs must remain on the floor/ground level and shall not be
permitted in the lap of the patron.
Employees shall clean and sanitize all table and chair surfaces with an approved
product between seating of patrons.
Spilled food and/or drink must be removed from the floor or ground as soon as
possible, but in no event less frequently than between seating of patrons at the
nearest table.
g.
h. Accidents involving dog waste must be immediately cleaned and sanitized with
an approved product.
(3) Patron -directed content. Signs with the following rules must be prominently posted at
the entrance to the designated outdoor area allowing dogs.
a. Patrons shall keep their dogs on a leash at all times and shall keep their dogs
under reasonable control.
b. Patrons shall not leave their dogs unattended for any period of time.
c. Patrons shall not allow dogs to come into contact with serving dishes, utensils,
tableware, linens, paper products, or any other items involved in food service
operations.
d. Patrons shall not allow any part of a dog to be on chairs, tables or other
furnishings. Dogs must remain on the floor/ground level and shall not be
permitted in the lap of the patron.
e. Accidents involving dog waste must be immediately cleaned and sanitized with
an approved product.
f. Patrons are advised to wash their hands with waterless hand sanitizer before
eating.
(g) Complaints and reporting requirements. In accordance with F.S. § 509.233, the admin-
istrator shall provide the division with the following in a timely manner.
(1) The administrator shall establish a procedure for accepting, documenting and respond-
ing to complaints related to the program in a timely manner.
(2) The administrator shall in a timely manner provide the division with a copy of all
approved applications and permits issued.
(3) The administrator shall promptly provide the division with copy of all complaints and
responses to such complaints.
(4) All applications, permits, and other materials submitted to the division shall contain
the division -issued license number for the public food service establishment.
(Ord. No. 95-10-102, § 1, 1-10-11)
Supp. No. 38 1488.6
LAND DEVELOPMENT REGULATIONS § 24-159
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) Home occupations shall be approved in accordance with section 24-63. The following
provisions regulations shall also apply to all activities approved as a home 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. 38 1488.7
LAND DEVELOPMENT REGULATIONS § 24-178
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) 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) Thee 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)
g.
DIVISION 9. FLORIDA -FRIENDLY LANDSCAPING AND LANDSCAPE IRRIGATION
Sec. 24-178. Purpose and intent.
The Florida Legislature finds that the use of Florida -friendly landscaping and other water
conservation and pollution prevention measures intended to conserve or protect the state's
Supp. No. 38 1513
§ 24-178 ATLANTIC BEACH CODE
water resources serve a compelling public interest and that the participation of homeowners'
associations and local governments is essential to the state's efforts in water conservation and
water quality protection and restoration, and that Florida -friendly landscaping designs offer
significant potential for water conservation benefits. It is the intent of the Florida Legislature
to improve landscape irrigation water use efficiency by ensuring that landscape irrigation
systems meet or exceed minimum design criteria by requiring local governments to implement
regulations to that end.
(Ord. No. 90-10-213, § 1(Exh. A), 10-25-10)
Sec. 24-179. Florida -friendly landscaping defined.
Florida -friendly landscaping means quality landscapes that conserve water, protect the
environment, are adaptable to local conditions, and are drought tolerant. The principles of
such landscaping include planting the right plant in the right place, efficient watering,
appropriate fertilization, mulching, attraction of wildlife, responsible management of yard
pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection.
Additional components include practices such as landscape planning and design, soil analysis,
the appropriate use of solid waste compost, minimizing the use of irrigation, and proper
maintenance.
(Ord. No. 90-10-213, § 1(Exh. A), 10-25-10)
Sec. 24-180. Definitions.
The following definitions are to be used in addition to and in conjunction with those
contained in sections 24-17 and 24-176 of this chapter and also chapter 23, protection of trees
and native vegetation, of [the] City Code.
Automatic irrigation system ,1^11 mean an artificial watering
syui,e111 Wlt,i1 a programmable
controller or timing mechanism designed to automatically transport and deliver water to
plants.
Emitter shall mean the sprinkler head or other device that discharges water from an
irrigation system.
High volume irrigation shall mean an irrigation system that does not limit the delivery of
water directly to the root zone and which has a minimum flow rate per emitter of thirty (30)
gallons per hour (gph) or one-half (.5) gallons per minute (gpm) or greater.
High water use hydrozones contain plants that require supplemental watering on a regular
basis throughout the year including turf and lawn grasses.
Hydrozone shall mean an irrigation watering zone in which plant materials with similar
water needs are grouped together.
Hydrozone plan shall mean a graphical depiction of the low, moderate and high water use
irrigation zones on a lot or parcel and a general reference to the types of plants intended to be
placed in each zone.
Supp. No. 38 1514
LAND DEVELOPMENT REGULATIONS § 24-181
Irrigation zone shall mean the grouping together of any type of watering emitter and
irrigation equipment operated simultaneously by the control of a timer and a single valve.
Landscaped area as used in this division shall mean the vegetated area of a lot or parcel
including planted and natural areas.
Low volume or micro irrigation shall mean an irrigation system designed to limit the
delivery of water within the root zone. Examples include drip, micro, trickle and soaker
systems.
Native vegetation shall mean any plant species with a geographic distribution indigenous to
all or part of the State of Florida as identified in: Wunderlin, R.P.1998, Guide to the Vascular
Plants of Florida. University Press of Florida, Gainsville.
(Ord. No. 90-10-213, § 1(Exh. A), 10-25-10)
Sec. 24-181. [General provisions.]
(a) Applicability. Where an automatic irrigation system is required by this Code or installed
at the option of the property owner, the provisions of this section shall apply to the following.
(the term lot(s) and parcel(s) may be used interchangeably.)
(1) Previously undeveloped lots and the common landscaped areas of new subdivisions; or
(2) Where new irrigation systems are installed on previously developed lots; or
(3) When more than fifty (50) percent of the irrigation system on a lot is replaced. Fifty
(50) percent shall be construed to mean more than half the length of lateral irrigation
lines or more than half of the emitters.
Except as set forth above, these provisions shall not be construed to require changes to
permitted or properly installed existing irrigation systems or to landscaping existing as of the
effective date of this division. These provisions shall also not apply to bonafide agricultural,
greenhouse or nursery activities or to golf courses or athletic fields.
(b) Appropriate plant selection, location and arrangement.
(1) Plant selection. Plants used for Florida -friendly lawns and landscaping should be
based upon the plant's compatibility with existing conditions of the site including soil
type, moisture and light conditions and size at maturity. Consideration should be given
to drought and freeze tolerance plants, and where site conditions are suitable,
preference in trees should be given to native vegetation and hardwoods that create
shade. Appropriate plants are described within the Florida -friendly Plant List pub-
lished by the University of Florida, Extension Institute of Food and Agricultural
Sciences (IFAS) or as may be found in other qualified sources of horticultural
information.
(2) Location and arrangement. A key component to saving water and promoting plant
health is to group plants in hydrozones according to their water needs. Factors such as
Supp. No. 38 1514.1
§ 24-181 ATLANTIC BEACH CODE
soil, climate, sunlight and salt tolerance should also guide the grouping and selection
of plants. Low, moderate and high water use hydrozones are described by the following
characteristics:
a. Low water use hydrozones contain plants that rarely require supplemental
watering and that are drought tolerant during extreme dry periods such as native
shrubs and vegetation, established trees and ground covers and wooded areas.
b. Moderate water use hydrozones contain plants that once established require
irrigation every two to three weeks in the absence of rainfall or when they show
visible stress such as wilted foliage or pale color. These are typically perennials,
seasonal plants and flower beds.
c. High water use hydrozones contain plants that require supplemental watering on
a regular basis throughout the year. These areas include turf and lawn grasses
and are typically characterized as high visibility focal points of a landscaping
design where high volume irrigation is used.
(3) Turf and lawn grasses. Irrigated grass and turf areas shall be considered as high water
use hydrozones, and shall be located so that they can be watered using separate
irrigation zones. These areas should be consolidated to locations where the functional
need calls for lawn and where site conditions are conducive to the health and
maintenance of grasses rather than considered as just a fill-in area. For example,
despite all efforts, lawn grasses will rarely grow to be healthy and lush under the
heavy shade of a dense tree canopy which is emblematic of Atlantic Beach, while ferns,
certain ground covers and low -growing native plants flourish with little attention.
(4) Irrigation system design. Automatic irrigation systems shall be designed to meet the
requirements of Appendix F of the Florida Plumbing Code, as adopted by chapter 6,
article IV of City Code and also the requirements of section 22-39 of City Code. The
following shall also be incorporated into the automatic irrigation system design:
a. High water use hydrozones shall be located on a separate irrigation zone.
b. High volume irrigation is limited to sixty (60) percent of the total landscaped area
of the lot. For lawns and turf areas that exceed sixty (60) percent of the total
landscaped area of the lot, low volume irrigation may be used as needed.
c. At least one (1) moisture sensor shall be located in each irrigation zone.
d. Emitters shall be sized and spaced to avoid excessive overspray on to impervious
surfaces.
(c) Hydrozone plans. Where an automatic irrigation system is installed and an irrigation
system permit is required, a hydrozone plan shall be submitted in accordance with the
following. Hydrozone plans can be prepared by a properly licensed and qualified contractor or
by the property owner.
(1) For new single-family or two-family dwellings, or for previously developed lots
installing a new or modified irrigation system per preceding paragraph (a)(3), the
Supp. No. 38 1514.2
LAND DEVELOPMENT REGULATIONS § 24-187
hyrdozone plan may be depicted on a survey or on a site plan prepared by the owner
or the owner's agent indicating area(s) to be irrigated, location and specifications of
particular low, moderate and high water use areas on the plan with the percentage of
the landscaped area using high volume irrigation indicated.
Recognizing that homeowners often install their own irrigation systems, a survey
accurate hydrozone plan shall not be required in such cases, but the hydrozone plan
should generally depict all hydrozones, as described in preceding paragraph (b)(2). At
a minimum, high water use areas using high volume irrigation must be on a separate
irrigation zone.
(2) All other development, except as described by the preceding paragraph, shall provide
a landscape plan as required by section 24-177. Hydrozone details may be shown on
the landscape plan or on a separate sheet drawn at the same scale as the landscape
plan. In addition to the landscape plan requirements of section 24-177, the hydozone
plan shall delineate landscape areas, major landscape features, and plant selections
and low, medium and high water Hydrozones consistent with preceding paragraph (b).
(3) Prior to receiving final landscape plan approval, final inspection or certificate of
occupancy as may be applicable, written verification must be provided by a properly
licensed qualified contractor, or the property owner, verifying that all irrigated areas
are consistent with this division.
(Ord. No. 90-10-213, § 1(Exh. A), 10-25-10)
Secs. 24-182-24-185. Reserved.
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
Supp. No. 38 1514.3
§ 24-187 ATLANTIC BEACH CODE
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) Improvements 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. 38 1514.4
CODE COMPARATIVE TABLE
Ordinance Adoption
Number Date
Section
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
95-10-100 5-10-10 1 5-32
80-10-79 8-23-10 1 Rpld 22-39
Added 22-39
80-10-80 9-27-10 1 22-27
22-166
22-167
90-10-213 10-25-10 1(Exh. A) Added 24-178-24-181
57-10-23 11- 8-10 1 Added 13-162-13-170
05-10-52 11-22-10 1 2-146
05-10-53 11-22-10 1 2-42
95-10-102 1-10-11 1 Added 24-158
2 24-69
Added 24-69(d)
[The next page is 2043]
Supp. No. 38 2007
I
STATUTORY REFERENCE TABLE
This table shows the location within this Charter and Code, either in the
text or notes following the text, of references to the state law or related
matters.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 162.05 2-141
13-201 Ch. 9(note) 2-142
23.011 Ch. 14(note) 162.05(4) 2-145
60.05 2-168 162.06 2-147
2-169 162.07 2-143
Ch. 12(note) 2-144
62-340.300 24-271 2-147
Ch. 98 Char., § 38 162.08 2-148
98.211 Char., § 53 162.09 2-149
100.361 Char., § 56 162.10 2-150
Ch. 101 Char., § 42 162.11 2-151
Char., § 43 Ch. 163 Char., § 59
Ch. 102 Char., § 43 14-1(a)
Ch. 112 2-304 21-302(15)
Ch. 112, Pt. III Char., § 66 24-17
112.061 Ch. 2, Art. VII, 24-47(e)
Div. 3(note) 163.3161 Ch. 14(note)
112.181(2) 2-279 163.3161 et seq. Ch. 24(note)
2-310.8 163.3164 24-17
112.65 2-285 163.3174 14-22
112.311 Ch. 2, Art. II 163.3178 6-27
(note) 163.3184 24-5
112.3173 2-297 163.3184(15) 24-51
2-310.22 163.3194(1) 24-5
Ch. 119 Char., § 65 163.3194(1)(b) 24-17
Ch. 2(note) Ch. 166 Charter(note)
125.68 16-32 Char., § 4
Ch. 161 Ch. 5(note) Char., § 57
24-17 Char., § 59
161.021 24-17 21-302(9)
161.041 6-20(b)(3) Ch. 166, Pt. II Char., § 45
161.053 6-20(b)(3) Char., § 60
6-21(e), (r) 166.031 Char., § 79
Ch. 162 Ch. 2, Art. V, 166.041 Char., § 18
2-146 24-51
Div. 2(note) 166.101 Ch. 2, Art. VII
7-27 (note)
20-54 166.201 Ch. 2, Art. VII
Ch. 162, Pt. 1 2-146 (note)
162.01ff. 13-169 Ch. 20(note)
162.02 2-146 166.231 Ch. 20, Art. II
Supp. No. 38 2053
F.S.
Section
166.241
166.0425
166.0445
Ch. 170
Ch. 175
175.101
175.121
Ch. 177
Ch. 177, Pt. I
177.26
177.27(15)
177.041
177.051
177.061
177.091
177.101
Ch. 180
Ch. 185
185.02(11)
185.06
185.08
185.16(3)
185.121
185.185
Ch. 192
193.116
196.075
Ch. 205
205.022
205.042
205.043(2)
205.043(3)
ATLANTIC BEACH CODE
Section F.S.
this Code Section
(note) 205.053
2-311 205.053(1)
Ch. 17(note) 205.063
24-17 205.196
Ch. 19(note) Ch. 218
2-272
2-290 218.33
20-77 Ch. 252
2-288 Ch. 253
2-288 253.12
24-17 286.011
24-204(b)
24-188(a) 309.01
24-204(a) Ch. 316
24-271
6-21(j) 316.008
24-204(b)
24-204(b) 316.008(1)(a)
24-204(b)
24-203(a) 316.195
24-204(b)
24-258(b), (e)
24-192 316.1945
Ch. 19(note)
2-290 316.2045
2-300 320.823
2-303 Ch. 327
2-304 327.02.222.17
2-309 335.075
2-310,1 oh. 367
2-310.4 Ch. 369
2-310.17 Ch. 372
2-310.29 Ch. 373
2-301 373.421
2-303 380.04
2-310.16 381.006
20-76 381.031(1)(g)1
2-310.6 381.031(g)3
2-288
2-310.22 381.261
Ch. 20(note) Ch. 386
Char., § 58 402.311
20-82 403.0893
Char., § 58 403.413
Ch. 20, Art. III
(note) 403.415
20-51 413.08
20-52 Ch. 469
20-57
20-57 Ch. 479
Supp. No. 38 2054
Section
this Code
20-54
20-53
20-58
20-59
Ch. 2, Art. VII
(note)
2-311
2-403
24-17
Ch. 5(note)
Char., § 14
Ch. 2(note)
Ch. 5(note)
Ch. 21(note)
21-1
Ch. 21(note)
Ch. 21, Art. II
(note)
Ch. 21, Art. II
(note)
21-16
Ch. 21(note)
21-17
19-1
6-23
Ch. 5(note)
24-174(e)(3)
Ch. 19(note)
Ch. 22(note)
Ch. 5(note)
Ch. 4(note)
Ch. 8(note)
24-271
24-17
4-29
4-29
Ch. 6, Art. VI
(note)
Ch. 22(note)
Ch. 12(note)
24-152(d)
21-302(9), (10)
5-4
16-7
Ch. 11(note)
Ch. 3, Art. II(note)
Ch. 6, Art. IV
(note)
Ch. 17(note)
STATUTORY REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
20-59 Art. II(note)
479.11 17-42 21-24
Ch. 481, Pt. II 24-177(b) 705.16 Ch. 2,
Ch. 489 Ch. 6(note) Art. II(note)
Ch. 496 18-4(g)(6) Ch. 760 Ch. 9(note)
20-59 760.20 Ch. 9,
496.01 Ch. 18(note) Art. II(note)
509.233 24-158 760.22 9-16
509.233(2) 24-158 760.23 9-17
Ch. 513 Ch. 10(note) 760.24 9-18
513.01 10-1 760.25 9-22
Ch. 514 Ch. 6, Art. VI 760.29 9-23
(note) 760.37 9-24
Ch. 538, Pt. I 21-61 Ch. 767 Ch. 3,
538.03(1)(a) 21-60 Art. II(note)
Ch. 552 Ch. 7(note) 4-26
Ch. 553 2-146 767.12 4-12(1)
Ch. 6(note) 4-12(2)
6-21(p) 4-12(3)
7-32 4-12(4)
Ch. 553, Pt. VII 6-16 768.28 2-1(b)(1)
553.01 Ch. 6, Art. IV(note) 775.082 4-12(1)
553.15 Ch. 6, Art. III(note) 4-12(2)
553.70 Ch. 6, Art. II(note) 4-12(3)
553.73 7-25 775.083 4-12(1)
Chs. 561-565 3-1 4-12(2)
561.01 Ch. 3(note) 4-12(3)
561.15 3-1 775.084 4-12(3)
562.14(1) 3-2 Ch. 790 15-22(g)(3)
562.45(2) 3-2 790.15 13-3
3-4 Ch. 791 Ch. 7(note)
3-5 7-39
3-6 791.01(4)(b) 13-13
563.01 3-4 791.01(4)(c) 13-13
565.01 3-4 791.02(1) 13-13
590.12 Ch. 7(note) 796.07 2-167(a)
Ch. 633 Ch. 7(note) 806.13 6-111
7-32 22-57
633.35 2-263 Ch. 812 13-162
633.121 Ch. 7(note) 812.019 2-167(a)
633.171 7-27 812.171 13-163
Ch. 650 Ch. 2, Art. VI, 812.173 13-164
Div. 2(note) 812.175 13-167
2-241 13-169
650.02 2-241 812.1725 13-164
650.05 Ch. 2, Art. VI, Ch. 823 Ch. 12(note)
Div. 2(note) Ch. 828 4-5
674.105 13-12(a)(4) 828.27 4-30
Ch. 679, Pt. V 21-63 847.001 17-2
Ch. 705 Ch. 15, 847.001(2) 24-17
Supp. No. 38 2055
ATLANTIC BEACH CODE
F.S. Section
Section this Code
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
2-301
943.22 2-262
2-301
943.25(8)(a) 15-1
Supp. No. 38 2056
[The next page is 2081]
CHARTER INDEX
Section
CITY COMMISSION (Cont'd.)
Meetings 14
Ordinances 17
Procedure for passage of 18
Personal interest 66
Powers 9
Presiding officer
Mayor -commissioner 8
Resolutions
Procedure for passage of 18
Rights of city manager and other officers in city commission 20
Rules of procedure; journal of minutes 16
Vacancies 12
CITY MANAGER
Absence of 24
Appointment 21
City departments re 26
Governance of departments 27
Form of government re 3
Powers and duties 23
Qualifications 22
Removal of 25
Removal of officers and employees by 62
Rights of city manager and other officers in city commission 20
Suits brought against city
City manager's duties re 61
CITY OF ATLANTIC BEACH
Powers of city generally 4
Incorporation of city
Reaffirmation of 2
Suits against city 61
CLERK. See: CITY CLERK
CODE OF ORDINANCES
Initiative and referendum regulations generally 44 et seq.
See: INITIATIVE AND REFERENDUM (Proposed ordi-
nances, etc.)
Powers of commission re 9(7)
COMMISSION. See: CITY COMMISSION
CONTRACTS AND AGREEMENTS
Continuance of contracts
D
DEPARTMENT OF FINANCES. See: FINANCES
DEPARTMENT OF PUBLIC SAFETY. See: SAFETY
Supp. No. 38 2083
75
ATLANTIC BEACH CODE
Section
DEPARTMENTS AND OTHER AGENCIES OF CITY
City commission regulations generally 3 et seq.
See: CITY COMMISSION
City manager duties re 26, 27
City manager re city departments 26, 27
Continuity of offices, boards, commissions or agencies 72
Department of finances 35
Department of public safety 33
Election regulations generally 36 et seq.
See: ELECTIONS
Personal interest 66
Powers of commission re 9(3)
Removal of members of boards, commissions, or agencies63
E
ELECTIONS
Absentee voting 42
Canvassing board, duties 43
Electors 38
General elections 41
Generally 36
Initiative and referendum regulations generally 44 et seq.
See: INITIATIVE AND REFERENDUM (Proposed ordi-
nances, etc.)
Nominations 39
Nonpartisan elections 37
Primary elections 40
Recall elections 56
Registration 38
ELECTRICITY
Powers of commission re utilities 9(9)
EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES
ETHICS
Personal interest 66
F
FINANCES
Borrowing money 60
Budget regulations generally 34
Department of finances
Director of finance 35
Municipal borrowing
Authority to borrow 60
Powers of commission re 9
FINES, FORFEITURES AND PENALTIES
Powers of commission re 9(7)
Supp. No. 38 2084
CODE INDEX
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Building permits
Fire prevention and life safety
Building sewers and connections
See: WASTEWATER SYSTEM
Code enforcement board's jurisdiction re
See: CODE ENFORCEMENT BOARD
Community development board
See: PLANNING
Electrical code
See: ELECTRICAL CODE
Fire prevention and protection
See: FIRE PREVENTION AND PROTECTION
Flood hazard districts
See: FLOOD HAZARD DISTRICTS
Land development regulations
See: LAND DEVELOPMENT REGULATIONS
Loitering, sleeping, etc., in public buildings
Loud and raucous noises
Mechanical inspections
Nuisances. See also that subject
Abandoned building rubbish, material, etc
Permitting buildings to become dangerous, unsafe, etc
Structurally unsound structures, etc.
Numbering of buildings
Attachment of numbers to buildings
Building official
Duties
Removing or defacing
Required
Street numbering districts designated
System of number
Permits. See herein: Building Permits
Plumbing code
See: PLUMBING CODE
Property maintenance code
Adoption
Amendments
Signs placed on public buildings and structures and within
public parks
Wastewater system
Sewer system extensions, construction 2
Water service
Temporary service for construction work
Section
7-32
22-101 et seq.
BURNING, OPEN
Fire prevention and life safety
BUSES
Weight requirements for commercial, recreational, etc., ve-
hicles
Supp. No. 38 2107
2-146
14-16 et seq.
6-31 et seq.
7-1 et seq.
8-1 et seq.
24-1 et seq.
13-2
11-2
6-77
12-1(b)(7)
12-1(b)(8)
12-1(b)(6)
6-107
6-108
6-111
6-106
6-109
6-110
6-56 et seq.
6-120
6-121
17-32
2-192, 22-195
22-17
7-36
21-22
ATLANTIC BEACH CODE
Section
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
Constructing22 73
CHARITABLE CONTRIBUTIONS
City funds use for prohibited 2-2
CHARITABLE SOLICITATIONS. See: SOLICITORS, PED-
DLERS, ETC.
CHARTER
Defined
CHICKENS. See also: ANIMALS AND FOWL
Keeping chickens or poultry
CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT
CHIEF OF POLICE. See: POLICE DEPARTMENT
CHILDREN. See: MINORS
1-2
4-7
CHURCHES
Alcoholic beverage establishments, location of 3-6
Loud and raucous noises 11-2
Zoning supplementary regulations 24-153
Supp. No. 38 2108
CODE INDEX
Section
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
Lien, penalties 2-149
Duration of lien 2-150
Meetings 2-143
Power of board to adopt rules for conduct of meetings 2-148
Supp. No. 38 2109
ATLANTIC BEACH CODE
Section
CODE ENFORCEMENT BOARD (Cont'd.)
Membership 2-141
Minutes of hearings 2-144
Officers, election of 2-143
Penalties; lien 2-149
Duration of lien 2-150
Powers 2-148
Procedure; hearings 2-147
Quorum 2-143
Removal, filing vacancies 2-142
Terms of members 2-141
Vacancies, filling 2-142
CODE OF ORDINANCES*
Amendments to code 1-9
Certain ordinances saved from repeal 1-5
Definitions and rules of construction 1-2
Effect of code on prior acts or rights 1-6
Effect of repeal of ordinances 1-7
General penalty; continuing violations 1-11
Headings and catchlines 1-3
History notes and references 1-4
How code designated and cited 1-1
Repeal
Certain ordinances saved from repeal 1-5
Effect of repeal 1-7
Severability of parts of code 1-8
Supplementation of code 1-10
Violations
General penalty; continuing violations 1-11
COMMERCIAL CORRIDOR DEVELOPMENT
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
COMMUNITY DEVELOPMENT BOARD
Provisions re 14-16 et seq.
See: PLANNING
*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. 38 2110
CODE INDEX
Section
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
Water 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
CONVENIENCE BUSINESS SECURITY ACT
Civil fines 13-169
Definitions 13-163
Employee training 13-165
Inspections 13-166
Security requirements 13-164
Severability 13-168
Short title, purpose, and authority 13-162
CORPORATIONS
Definition of "person" to include corporation 1-2
COUNTY. See: DUVAL COUNTY
COURTS
Confiscated or lost property
Provisions re county court 15-16 et seq.
Police training
Additional court costs assessed for 15-1
Supp. No. 38 2111
ATLANTIC BEACH CODE
Section
COWS, CATTLE
Maintaining stable 4-7
CROSSWALKS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended on crosswalk 21-25(a)(1)
Stopping, standing or parking vehicle on or within cross-
walks 21-17(5), (6)
CRUELTY TO ANIMALS
Generally 4-5
CURFEW
Provisions re minors in public places 13-153 et seq.
See: MINORS
D
DEATHS OF CITY EMPLOYEES
Retirement system provisions 2-283, 2-284
See also: OFFICERS AND EMPLOYEES
DEFACING PROPERTY, ETC.
Building numbers
Removing or defacing 6-111
Public sewers
Defacing, damaging, etc. 22-57
Streets, sidewalks and other public places
Digging into, defacing, etc., streets, avenues, driveways,
etc 19-2
DEPARTMENTS AND OTHER AGENCIES OF CITY
City commission 2-16 et seq.
See: CITY CO v. vIiSS O N
Code enforcement board 2-141 et seq.
See: CODE ENFORCEMENT BOARD
Community development board 14-16 et seq.
See: PLANNING
Definition 1-2
Department of finance 2-71 et seq.
See: FINANCES
Department of public utilities 2-84 et seq.
See: UTILITIES
Department of public works 2-79 et seq.
See: PUBLIC WORKS AND IMPROVEMENTS
Fire department 2-61 et seq.
See: FIRE DEPARTMENT
Lifeguard division 2-63
Local planning agency 14-22
Nuisance control board 2-161 et seq.
See: NUISANCES
Officers and employees. See that subject
Board of trustees of city employee's retirement system 2-264 et seq.
Supp. No. 38 2112
CODE INDEX
DEPARTMENTS AND OTHER AGENCIES OF CITY (Cont'd.)
Police officers' retirement system board of trustees
Police department
See: POLICE DEPARTMENT
Reappointment to boards and committees
Tree conservation board
Zoning administration
See: LAND DEVELOPMENT REGULATIONS
DEVELOPMENT
Community development board
See: PLANNING
DISABLED PERSONS
City employees retirement system
Disability retirement
See also: OFFICERS AND EMPLOYEES
Police officers' retirement system
Disability retirement
Continuation subject to re-examination; return to em-
ployment
General conditions for eligibility
DISASTERS
Community development board
Duties of board re reconstruction, replanning, etc., of areas
damaged by fires, floods, etc.
DISCRIMINATION
Fair housing
See: FAIR HOUSING
DISEASES, DISEASE CONTROL
Rabies
See: ANIMALS AND FOWL
DISTRICTS
Community development board
Replanning, reconstructing, etc., of districts damaged by
fire, earthquake, etc.
Flood hazard districts
See: FLOOD HAZARD DISTRICTS
Zoning districts 24-101 et seq.
See: LAND DEVELOPMENT REGULATIONS
Section
2-303 et seq.
2-51 et seq.
2-131
23-19, 23-20
24-46 et seq.
14-16 et seq.
2-279, 2-280
2-310.9
2-310.8
14-20(12)
9-16 et seq.
4-1 et seq.
14-20(12)
8-1 et seq.
DISTURBANCES OF THE PEACE
Animals and fowl
Dogs or cats disturbing the peace generally
DOGS
Regulated
See: ANIMALS AND FOWL
Supp. No. 38 2113
4-27
4-21 et seq.
ATLANTIC BEACH CODE
Section
DRAINAGE
Mobile home parks and recreational vehicle parks
Designed for drainage of surface water 10-2
Nuisances
Abatement of nuisances, etc. See: NUISANCES
Allowing or permitting stagnant water to accumulate
upon surface of ground 12-1(b)(4)
Discharge of water from water -source heat pumps into
storm drainage systems 12-1(b)
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
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)
Supp. No. 38 2114
CODE INDEX
Section
EASEMENTS (Cont'd.)
No city expense 24-254(e)
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
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. 38 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. 38 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. 38 2117
ATLANTIC BEACH CODE
FINANCES (Cont'd.)
Functions
Director of finance. See herein: Department of Finance
Dishonored checks
Encumbrances
Fees paid to city government
Fiscal year
Purchasing
See: PURCHASES, PURCHASING
Service and user charges
Authorization
Fees and charges
Taxation
See: TAXATION
Transfers of appropriations
Uniform travel policy and procedure
See: TRAVEL
User charges. See herein: Service and User Charges
FINANCING OF HOUSING
Discrimination in
See also: FAIR HOUSING
FINES, FORFEITURES AND PENALTIES. See also specific
subj ects
General penalty; continuing violations
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting
ordinance of this code
FINGERPRINTING
Charitable solicitation permit regulations viS ry
FIRE DEPARTMENT
Chief of fire department
Appointment
Compensation
Duties and authority
Fire prevention code
Appeals from actions of chief
Enforcement of code by chief
Modifications of code by chief
Director of public safety
Supervision of fire department
Fire chief. See herein: Chief of Fire Department
Life guard division
FIRE HYDRANTS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended within fifteen feet of hydrant
Fire prevention and life safety
Fire hydrants and fire department connections
Supp. No. 38 2118
Section
2-77
2-317
2-315
2-316
2-311
2-331 et seq.
2-367
2-368
20-16 et seq.
2-313
2-356 et seq.
9-22
I n n
to -Z‘
2-61
2-61
2-62
7-19
7-17
7-18
2-41
2-63
21-25(a)(1)
7-35
CODE INDEX
Section
FIRE HYDRANTS (Cont'd.)
Stopping, standing or parking vehicle within fifteen feet of
hydrant 21-17(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
Stop work, authority to require 7-24
Appeals 7-25
Street address identification 7-37
Testing, fees 7-30
Supp. No. 38 2119
ATLANTIC BEACH CODE
Section
FIRE PREVENTION AND PROTECTION (Cont'd.)
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, previsions re meters do r „a by Er
Basis for billing if meter fails to register 22-24
FIREWORKS
Fire prevention and life safety
Provisions re fireworks 7-39
Noise provisions; exceptions 11-5
Regulation of fireworks 13-13
FIRMS
Definition of "person" to include firms 1-2
FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC.
Public sewers, use of
Prohibited discharges 22-129
FLEA MARKETS
Defined; prohibited 13-11
FLOOD HAZARD AREAS
Abrogation and greater restrictions 8-9
Areas of special flood hazard, basis for establishing 8-7
Supp. No. 38 2120
CODE INDEX
Section
FLOOD HAZARD AREAS (Cont'd.)
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 2-297
Uniform travel policy and procedure
Fraudulent claims 2-366
Supp. No. 38 2121
ATLANTIC BEACH CODE
Section
G
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
GAS
Mechanical code
Gas piping permit fee 6-77(2)
Public service tax on gas, electricity, etc. 20-16 et seq.
See: TAXATION
Public sewers, use of
Prohibited discharges 22-129
GASOLINE
Public sewers, use of
Prohibited discharges 22-129
GENDER
Defined 1-2
GLASS
Nuisances. See also that subject
Open storage of glass, building material, etc. 12-1(b)(7)
Public sewers, use of
Prohibited discharges of metal, glass, etc. 22-129(4)
GRASS CLIPPINGS
Public sewers, use of
Prohibited discharges of grass clippings 22-129(4)
Solid waste and recycling
Leaves and grass clippings; tree trunks 16-4
GREASE. See: OILS, GREASE
Supp. No. 38 2122
CODE INDEX
GUNS. See: FIREARMS AND WEAPONS
H
HASHISH. See: DRUGS
Section
HEALTH AND SANITATION
Animal and fowl provisions
Interfering with health officer 4-2
Noise provisions
Noise which endangers health or safety of others 11-1
Nuisances enumerated
Unsanitary conditions, conditions injurious to health of
community, etc 12-1
Signs and advertising structures
Removal of unsafe, damaged or poorly maintained, and
abandoned signs 17-41
Wastewater system 22-56 et seq.
See: WASTEWATER SYSTEM
HEAT PUMPS
Building sewers and connections
Drainage from water -source heat pumps
Discharging water from heat pumps, nuisance provisions
Abatement of nuisances, etc. See: NUISANCES
Public sewers, use of
Discharging unpolluted waters from heat pumps into
sanitary sewers
22-108
12-1(b)
22-127
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
HISTORIC CORRIDORS AND HERITAGE TREES
Trees and native vegetation protection
See: TREES AND NATIVE VEGETATION PROTECTION
23-1 et seq.
HOGS
Keeping hogs 4-7
HOME OCCUPATIONS
Zoning regulations 24-159
HOMESTEAD EXEMPTION
Taxation provisions 20-81 et seq.
See: TAXATION
Supp. No. 38 2123
ATLANTIC BEACH CODE
Section
HORNS
Loud and raucous noises 11-2
HORSES
Maintaining stables 4-7
HOTELS
Dogs in hotels to be muzzled, leashed, etc 4-25
HOUSING
Fair housing 9-16 et seq.
See: FAIR HOUSING
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)
1
IMPOUNDMENT
Abandoned, wrecked, junked, etc., vehicles
Removing and impounding 21-25
Towage and storage charges 21-26
Animal provisions 4-2 et seq.
See: ANIMALS AND FOWL
IMPROVEMENTS
Community development board
List of recommended capital improvements 14-20(6)
Recommending improvements for city 14-20(11)
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
Supp. No. 38 2124
CODE INDEX
INDECENCY AND OBSCENITY
Alcoholic beverage establishments
Exposure of private parts in
Obscene matter prohibited
INSECTS, INSECT CONTROL
Nuisances enumerated
Allowing stagnant water to accumulate, prevention of the
propagation of mosquitoes
Abatement of nuisances, etc. See: NUISANCES
Section
13-17
13-6
12-1(b)(4)
INSURANCE
Insurance premium taxes 20-76 et seq.
See: TAXATION
Old -age and survivors insurance 2-241 et seq.
See: OFFICERS AND 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
IRRIGATION
Florida -friendly landscaping and landscape irrigation 24-178 et seq.
See: LAND DEVELOPMENT REGULATIONS
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
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
Supp. No. 38 2125
ATLANTIC BEACH CODE
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
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
Notice of release or spill of contaminants 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
Florida -friendly landscaping and landscape irrigation
Defined 24-179
Definitions 24-180
General provisions 24-181
Applicability 24-181(a)
Appropriate plant selection, location and arrangement24-181(b)
Hydrozone plans 24-181(c)
Purpose and intent 24-178
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. 38 2126
CODE INDEX
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.)
Supplemental 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. 38 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(f)
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.)
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
Florida -friendly landscaping and landscape irrigation 24-178 et seq.
See: LAND DEVELOPMENT REGULATIONS
Zoning provisions re 24-176 et seq.
See: LAND DEVELOPMENT REGULATIONS
LEASHING DOGS
Provisions re 4-25
LICENSES AND PFRMTTS
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
Local business license tax 20-51 et seq.
See: TAXATION
Mechanical permits 6-77
Supp. No. 38 2134
CODE INDEX
LICENSES AND PERMITS (Cont'd.)
Motor vehicle title loan lending license
See: TITLE LOANS
Parades and processions, permits for
Plumbing permit
See: PLUMBING CODE
Private wastewater disposal, permits
Residential parking sticker program; permits re
Sign permits
See: SIGNS AND ADVERTISING STRUCTURES
LIENS
Code enforcement board, provisions re liens
LIFEGUARDS
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc
Parking of sailboats on beaches not to obstruct lifeguard
activities
Other regulations. See: BEACHES
LIGHTS, LIGHTING
Alcoholic beverage establishments
Lighting requirements on premises
Mobile home parks and recreation vehicle parks
Illuminating at night
LITTERING
Beaches, leaving refuse
LOCAL BUSINESS LICENSE TAX. See: TAXATION
LOCAL LAND DEVELOPMENT REGULATION COMMIS-
SION
Community development board designated as
See: PLANNING
LOCAL PLANNING AGENCY
Community development board designated as
See also: PLANNING
LOITERING
Provisions re
LOST PROPERTY
Disposition of by police
See: POLICE DEPARTMENT
LOTS
Land development regulations
Concurrency management system
Environmental and natural resource regulations
Generally
Subdivision and site improvement regulations
Supp. No. 38 2135
Section
21-64, 21-66
21-2
6-58 et seq.
22-88
21-27
17-61 et seq.
2-149, 2-150
2-6
5-6
3-9
10-2(2)
5-4
14-22
14-22
13-2
15-16
24-273 et seq.
24-262 et seq.
24-1 et seq.
23-286 et seq.
ATLANTIC BEACH CODE
LOTS (Cont'd.)
Zoning regulations
See: LAND DEVELOPMENT REGULATIONS
Solid waste and recycling
Removal of lot clearing, contractors' debris; oil and grease
Vacant lots
Dogs and cats running at large
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohib-
ited; compost piles
LOUDSPEAKERS
Alcoholic beverage establishments
Playing of musical or noise -producing equipment outside
of buildings
M
Section
24-31 et seq.
16-8
4-24
16-7
3-10
MAGAZINES
Obscene matter prohibited 13-6
MAIL
Definition of "registered mail" 1-2
MAPS
Community development board
Recommending proposed changes in official map of city 14-20(3)
Land development regulations
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
Minors on streets and public places
Curfew 13-153
Definitions 13-152
Owners of public places, responsibilities 13-154
Parents' responsibility 13-155
Supp. No. 38 2136
CODE INDEX
Section
MINORS (Cont'd.)
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
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
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
Supp. No. 38 2137
ATLANTIC BEACH CODE
Section
MOTOR VEHICLES AND OTHER VEHICLES (Cont'd.)
Traffic regulations 21-1 et seq.
See: TRAFFIC
MULES
Maintaining stable
MUZZLES
Dogs
N
4-7
4-25
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
Penalties 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
Supp. No. 38 2138
CODE INDEX
Section
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
2-148
Defined 1-2
OBSCENITY. See: INDECENCY AND OBSCENITY
OBSTRUCTIONS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite obstructions,
creating obstructions, etc 21-25
Lifeguard activities on public beaches
Parking of sailboats not to obstruct 5-6
Obstructing access to public buildings, etc. 13-2
Obstructing free passage over streets, sidewalks or other
public ways 19-1
Public sewers, use of
Discharges causing obstructions to flow in sewers 22-129(4)
Supp. No. 38 2139
ATLANTIC BEACH CODE
Section
OBSTRUCTIONS (Cont'd.)
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.
Goo: FIRE DEPARTMENT
Chief of police 2-51 et seq.
See: POLICE DEPARTMENT
Compensation, salaries, etc.
Certain ordinances saved from repeal 1-5
Convenience business security act
Employee training 13-165=Deaths
Retirement system. See herein that subject
Defense of civil actions against; payment of judgments or
settlements 2-1
Definition 1-2
Director of finance 2-71 et seq.
See: FINANCES
Director of public safety 2-41
Disability retirement
Retirement system. See herein that subject
Insurance
Old -age and survivors insurance. See herein that subject
Joint authority
Defined 1-2
Supp. No. 38 2140
CODE INDEX
OFFICERS AND EMPLOYEES (Cont'd.)
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)
Definitions
Disability retirement
Continuation subject to re-examination; return to em-
ployment
General conditions for eligibility
Errors
Expenses of administering system
Fraud, protection against
Investment of retirement system assets
Supp. No. 38 2141
Section
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
2-262
2-280
2-279
2-296
2-292
2-297
2-290
ATLANTIC BEACH CODE
Section
OFFICERS AND EMPLOYEES (Cont'd.)
Level straight life pension, amount of 2-281
Member contributions 2-298
Membership generally 2-271
Method of making payments 2-294
Military service credit 2-275
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
Term of office; oath of office 2-306
Vacancy; filling of vacancy 2-307
Calculation of pension benefit 2-310.10
City contribution 2-310.16
Claim review procedure 2-310.25
Created, purpose 2-300
Credited service 2-310.1
Death while in city employment; elective survivor pen-
sion 2-310.12
Deferred retirement upon separation from employment
(vesting) 2-310."1
Definitions 2-301
Denial of benefits 2-310.24
Disability retirement
Continuation subject to re-examination; return to
employment 2-310.9
General conditions for eligibility 2-310.8
Errors 2-310.21
Exhaustion of claims review procedure 2-310.26
Expenses 2-310.18
Investment of retirement system assets 2-310.17
Loss of credited service 2-310.2
Maximum amount of pension 2-310.14
Member contributions 2-310.27
Membership 2-310
Method of making payments 2-310.19
Military service credit 2-310.4
Normal retirement date and payment date 2-310.6
Officers and employed services 2-309
Optional forms of pension payment 2-310.11
Supp. No. 38 2142
CODE INDEX
Section
OFFICERS AND EMPLOYEES (Cont'd.)
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
OWNER
Defined
Solid waste and recycling
Franchise agreements
Ownership of recyclable materials
P
PARADES AND PROCESSIONS
Noise provisions; exceptions
Permits required for
Supp. No. 38 2143
1-2
16-26
11-5
21-2
ATLANTIC BEACH CODE
PARKING
Beaches, regulations for
Parking of sailboats
Residential parking sticker program
Stopping, standing and parking of vehicles
See: TRAFFIC
Zoning regulations
See: LAND DEVELOPMENT REGULATIONS
PARKING LOTS
Loitering in public places, etc.
Zoning requirements for vehicular use area interior land-
scaping requirements
PARKS, PLAYGROUNDS AND RECREATION
Alcoholic beverages
Consumption, possession of open containers upon public
property
Beaches, regulations for
Use of public parks prohibited after dark
Definition of "public place" to include parks
Dogs and cats running at large
Enforcement of park rules and regulations
Loitering in parks
Obstructing passage through parks, etc.
Sexual predators residency requirement
Signs placed on public buildings and structures and within
public parks
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles
User fccs for parks acid 1 etat;di,iui at;iii;ies
PARTNERSHIPS
Definition of "person" to include partnerships
PEDDLERS. See: SOLICITORS, PEDDLERS, ETC.
Supp. No. 38 2144
Section
5-1 et seq.
5-6
21-27
21-16 et seq.
24-161 et seq.
13-2
24-177(c)
3-12
5-1 et seq.
5-31
1-2
4-24
5-33
13-2
13-2
13-161
17-32
16-7
5-32
1-2
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
Zoning regulations for swimming pools 24-164
SYNDICATES
Definition of "person" to include syndicates 1-2
T
TAXATION
Additional homestead exemption
Annual adjustment to household income 20-83
Annual filing of household income statement 20-84
Authorized 20-82
Definitions 20-81
Exercise of municipal powers 20-80
Certain ordinances saved from repeal 1-5
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Homestead exemption. See herein: Additional Homestead
Exemption
Insurance premium taxes
Casualty risks 20-76
Payment date 20-78
Property insurance 20-77
Local business license tax
Businesses falling under more than one classification 20-55
Compliance by receipt holders 20-56
Definitions 20-51
Due dates and delinquencies; penalties 20-54
Exemptions 20-58
Half-year receipts 20-53
Inspections 20-52.1
Levy 20-52
Operating more than one location 20-55
Schedule of fees 20-59
Supp. No. 38 2157
ATLANTIC BEACH CODE
Section
TAXATION (Cont'd.)
Transfer 20-57
Public service tax
Duty of seller to collect tax and pay same to city 20-17
Exemption of governmental agencies and churches 20-19
Failure of seller to collect tax 20-17
Imposed, amount 20-16
Nonpayment of tax
Authority of seller to discontinue service 20-17
Payment to be made to seller 20-16
Records to be kept by seller 20-18
Inspection of records by city agents 20-18
Telephone service
Duty of seller to collect 20-33
Exemptions 20-32
Levy; when payable 20-31
Monthly payments; computation of tax 20-36
Records to be kept by seller 20-34
Inspector, transcripts 20-34
Telephone calls, limitation as to 20-35
Utility services to which applicable 20-16
When purchase deemed made within city 20-20
Telephone service. See herein: Public Service Tax
TAXICABS
Weight requirements for commercial, recreational, etc., ve-
hicles 21-22
TELEPHONE TAX
Provisions re 20-31 et seq.
See: TAXATION
TENANTS
Definition of "owner" to include tenants
TENSE
Defined
1-2
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. 38 2158
CODE INDEX
Section
TREES AND SHRUBBERY (General) (Cont'd.)
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
V
VACANT HOUSES
Water service
Supp. No. 38 2163
ATLANTIC BEACH CODE
Section
VACANT HOUSES (Cont'd.)
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
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
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
Excavations for building sewer installation
Barricading, restoring 22-111
Old building sewers, use of 22-105
Permits
Classification; application 22-103
Supp. No. 38 2164
CODE INDEX
Section
WASTEWATER SYSTEM (Cont'd.)
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
Construction standards 22-195
Design standards 22-194
Purpose 22-191
Sewer service without water service 22-193
Supp. No. 38 2165
ATLANTIC BEACH CODE
Section
WASTEWATER SYSTEM (Cont'd.)
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
t discharge 2. 1 0
Limitations on uis%uai�� Cvii%2itt�xti0lS Ut ljitct11t,11.1CS LG-1�t1
Options of city manager regarding wastes 22-131
Measurements, tests and analyses determinations 22-136
Observation, sampling and measurement
Structures for 22-134
Pretreatment or flow -equalizing facilities 22-133
Prohibited discharges 22-129
Use of public sewers required
Constructing privies, septic tanks, cesspools 22-73
Depositing human or animal excrement 22-71
Discharging untreated wastewater or polluted waters into
natural outlets, etc 22-72
Installation of toilet facilities required; connection of facil-
ities to public sewer 22-74
Utility provisions generally. See: UTILITIES
WATERCOURSES, WATERWAYS (Canals, lakes, etc.)
Definition of "public place" to include any lake or stream 1-2
Discharging untreated wastewater or polluted waters into
natural outlets 22-72
Supp. No. 38 2166
CODE INDEX
Section
WATERCOURSES, WATERWAYS (Canals, lakes, etc.) (Cont'd.)
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
Connections
Approval of plumbing prior to connection with water
system 22-35
Supp. No. 38 2167
ATLANTIC BEACH CODE
Section
WATERWORKS SYSTEM (Cont'd.)
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
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
Florida -friendly landscaping and landscape irrigation 24-178 et seq.
See: LAND DEVELOPMENT REGULATIONS
Interruptions in service
Liability of city 22-36
Land development regulations
Concurrency management system; capacity and level of
service inventory
Potable water 24-279(b)
Subdivision and site improvement regulations
Design and construction standards
venti'uilZeu ocw vvC-i andiCl vvat6i etV1le5 24-260
Wellhead protection 24-263 et seq.
See: LAND DEVELOPMENT REGULATIONS
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
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
Supp. No. 38 2168
CODE INDEX
Section
WATERWORKS SYSTEM (Cont'd.)
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 conservation 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
WRECKER SERVICE
Charges for towing and storage 21-51
Establishment of rotating wrecker call list 21-50
Liability insurance 21-53
Repairing vehicles without authorization 21-54
Wreckers to be equipped at all times 21-52
Supp. No. 38 2169
ATLANTIC BEACH CODE
WRITING
Defined
Y
Section
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
ZONING REGULATIONS. See: LAND DEVELOPMENT REG-
ULATIONS
Supp. No. 38 2170