AB Code Supplement 42SUPPLEMENT NO. 42
October 2015
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. 70-15-18, adopted August 10, 2015.
See the Code Comparative Table—Ordinances for further information.
Included in the Charter is:
Ordinance No. 33-15-19, adopted May 11, 2015.
See the Charter Comparative Table for further information.
Remove Old Pages
iii
ix—xiv
Insert New Pages
iii
ix-xiv
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:1, SH:2 SH:1, SH:2
1-22 1-3
5-28
91 91
839, 840 839
840.1, 840.2
1011-1013 1011-1013
1179, 1180 1179, 1180
1353-1364 1353-1364
1369, 1370 1369, 1370
1373-1376 1373-1376.4
1449, 1450 1449-1450.1
2009 2009
2053-2056 2053-2056
2081-2088 2081-2088
INSTRUCTION SHEET—Cont'd.
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
municode
Municipal Code Corporation • PO Box 2235 Tallahassee, FL 32316
info@municode.com • 800.262.2633
fax 850.575.8852 • www.municode.com
OFFICIALS
of the
CITY OF
ATLANTIC BEACH, FLORIDA
Mitchell E. Reeves
Mayor
Jonathan Daugherty
James K. Hill
John M. Stinson
M. Blythe Waters
City Commissioners
Richard Komando
City Attorney
Nelson Van Liere
City Manager
Donna L. Bartle
City Clerk
Supp. No. 42 iii
TABLE OF CONTENTS
Page
Officials of the City iii
Preface v
Adopting Ordinance vii
Checklist of Up -to -Date Pages [11
Supplement History Table SH:1
PART I
CHARTER
Charter 1
Art. I. Incorporation; Form of Government; Powers 5
Art. II. The Commission 6
Art. III. The City Manager 11
Art. IV. The City Clerk 13
Art. V. City Attorney 14
Art. VI. Department of Public Safety 15
Art. VII. Budget 15
Art. VIII. Department of Finance 15
Art. IX. Elections 16
Art. X. Initiative and Referendum 18
Art. XI. Recall Elections 21
Art. XII. Franchises 21
Art. XIII. Tax Administration 22
Art. XIV. Zoning 22
Art. XV. Municipal Borrowing 23
Art. XVI. Suits Against the City 23
Art. XVII. General and Miscellaneous Provisions 23
Art. XVIII. When Act Takes Effect 27
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 158.3
Art. II. City Commission 158.4
Art. III. City Manager 162.2
Supp. No. 42 ix
ATLANTIC BEACH CODE
Chapter Page
Art. IV. Departments 162.3
Div. 1. Generally 162.3
Div. 2. Police Department 162.3
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 172.4
Art. VI. Employee Benefits 172.6
Div. 1. Generally 172.6
Div. 2. Old -Age and Survivors Insurance 172.6
Div. 3. General Employees' Retirement System 174
Div. 4. Police Officers' Retirement System 188.29
Div. 5. Defined Contribution Plan 188.79
Art. VII. Finance 188.82
Div. 1. Generally 188.82
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 313
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 469
Art. I. In General 469
Supp. No. 42 g
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. II. Fire Prevention and Life Safety 469
8. Flood Hazard Areas 521
Art. I. Administration 522
Div. 1. General—Applicability—Duties and Powers
of the Floodplain Administrator—Permits—
Site Plans and Construction Documents—
Inspections—Variances and Appeals—Viola-
tions 522
Subdiv. I. In General 522
Subdiv. II. Applicability 523
Subdiv. III. Duties and Powers of the Flood-
plain Administrator 525
Subdiv. IV. Permits 528
Subdiv. V. Site Plans and Construction Docu-
ments 531
Subdiv. VI. Inspections 534
Subdiv. VII. Variances and Appeals 535
Subdiv. VIII. Violations 537
Art. II. Definitions 538
Art. III. Flood Resistant Development 544
Div. 1. Buildings and Structures, Subdivisions, Site
Improvements, Manufactured Homes, Rec-
reational Vehicles and Park Trailers, Tanks,
Other Development 544
Subdiv. I. Buildings and Structures, Subdivi-
sions, Site Improvements 544
Subdiv. II. Manufactured Homes 547
Subdiv. III. Recreational Vehicles and Park
Trailers 549
Subdiv. IV. Tanks 549
Subdiv. V. Other Development 550
9. Human Relations
Art. I. In General
Art. II. Fair Housing
10. Mobile Homes and Recreational Vehicles
577
579
583
631
11. Noise 683
12. Nuisances 735
13. Offenses 787
Art. I. In General 787
Art. II. Minors on Streets and in Public Places 794.2
Art. III. Sexual Offenders and Sexual Predators 797
Art. IV. Convenience Business Security Act 797
14. Planning/Zoning/Appeals 839
Art. I. In General 840.1
Art. II. Community Development Board 840.1
Supp. No. 42 xi
ATLANTIC BEACH CODE
Chapter Page
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 1009
Art. IV. Nonconforming Signs and Waiver to Certain
Provisions 1011
Art. V. Sign Permits 1012
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 1223
Art. II. Stopping, Standing and Parking 1223
Div. 1. Generally 1223
Div. 2. Enforcement 1228
Art. III. Wrecker Service 1230
Art. IV Motor Vehicle Title Loans 1232
Art. V. Vehicles for Hire 1241
22. Utilities 1275
Art. I. In General 1278.1
Art. II. Waterworks System 1278.3
Art. III. Wastewater System 1284.5
Div. 1. Generally 1284.5
Div. 2. Use of Public Sewers Required 1286
Div. 3. Private Wastewater Disposal 1286.2
Div. 4. Building Sewers and Connections 1288.1
Div. 5. Use of Public Sewers 1290
Div. 6. Powers and Authority of Inspectors 1294
Div. 7. Sewer User Rates and Charges 1295
Div. 8. Sewer System Extensions 1299
Art. IV. Stormwater Management 1301
Div. 1. Generally 1301
Supp. No. 42 xii
TABLE OF CONTENTS-Cont'd.
Chapter Page
Div. 2. Rates and Charges 1305
Art. V. Reclaimed Water System 1308
23. Protection of Trees and Native Vegetation 1351
Art. I In General 1351
Art II. Language and Definitions 1352
Art. III. Tree and Vegetation Regulations 1360
Div. 1. In General 1360
Div. 2. Administration 1360
Div. 3. Permits 1362
Div. 4. General Provisions 1369
Div. 5. Areas of Special Concern 1377
Div. 6. Violations, Enforcement and Penalties 1377
24. Land Development Regulations 1403
Art. I. In General 1404.5
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
Div. 10. Florida -Friendly Use of Fertilizer on Ur-
ban Landscapes 1514.3
Art. IV. Subdivision and Site Improvement Regulations 1514.9
Div. 1. Generally 1514.9
Div. 2. Application Procedure 1516
Div. 3. Required Improvements 1520
Div. 4. Assurance for Completion and Maintenance
of Improvements 1522
Div. 5. Design and Construction Standards 1525
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
Code Comparative Table -Laws of Florida
Supp. No. 42 xiii
1987
2043
ATLANTIC BEACH CODE
Page
Statutory Reference Table 2053
Charter Index 2081
Code Index 2101
Supp. No. 42 xip
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
substitution basis, it has become evident that through usage and
many pages can be inserted and removed in error.
a page -for -page
supplementation
The following listing is included in this Code as a ready guide
determine whether the Code volume properly reflects the latest
page.
for the user to
printing of each
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.
Title page
iii
v, vi
vii, viii
ix, x
xi, xii
xln, xiv
SH:1, SH:2
1, 2
3
5, 6
7, 8
9, 10
11, 12
13, 14
15, 16
17, 18
19, 20
21, 22
23, 24
25, 26
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40 27, 28
42 79
OC 91
1 103, 104
42 105, 106
42 107, 108
42 155, 156
42 157, 158
42 158.1, 158.2
42 158.3, 158.4
42 158.5
42 159, 160
42 161, 162
42 162.1, 162.2
42 162.3, 162.4
42 163, 164
42 165, 166
42 167, 168
42 169, 170
42 170.1
42 171, 172
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ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
172.1, 172.2 39 188.53, 188.54 41
172.3, 172.4 39 188.55, 188.56 41
172.5, 172.6 39 188.57, 188.58 41
173, 174 40 188.58.1 41
175, 176 40 188.59, 188.60 40
177, 178 40 188.61, 188.62 40
179, 180 40 188.63, 188.64 40
181, 182 40 188.65, 188.66 40
183, 184 40 188.67, 188.68 40
185, 186 41 188.69, 188.70 40
187, 188 41 188.71, 188.72 40
188.1, 188.2 41 188.73, 188.74 40
188.3, 188.4 41 188.75, 188.76 40
188.5, 188.6 41 188.77, 188.78 40
188.7, 188.8 41 188.79, 188.80 40
188.9, 188.10 41 188.81, 188.82 40
188.10.1 41 189, 190 35
188.11, 188.12 40 191, 192 35
188.13, 188.14 40 193, 194 35
188.15, 188.16 40 195, 196 35
188.17, 188.18 40 197, 198 35
188.19, 188.20 40 199, 200 35
188.21, 188.22 40 201, 202 35
188.23, 188.24 40 203 35
188.25, 188.26 40 245, 248 30
188.27, 188.28 40 247, 248 35
188.29, 188.30 40 299, 300 40
188.31, 188.32 40 301, 302 40
188.33, 188.34 40 303, 304 40
188.35, 188.36 40 305, 306 40
188.37, 188.38 40 307, 308 40
188.39, 188.40 40 309, 310 40
188.41, 188.42 41 311, 312 40
188.43, 188.44 41 313, 314 40
188.45, 188.46 41 315, 316 40
188.47, 188.48 41 317, 318 40
188.49, 188.50 41 353, 354 33
188.51, 188.52 41 355, 356 38
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Page No. Supp. No. Page No. Supp. No.
357, 358 40 553 40
359 40 577 41
407, 408 35 579, 580 41
409, 410 38 581, 582 41
410.1, 410.2 36 583, 584 41
411, 412 35 585, 586 41
413, 414 35 631, 632 OC
415, 416 35 683, 684 24
416.1, 416.2 35 685 24
417, 418 37 735, 736 35
418.1, 418.2 37 737, 738 36
418.3, 418.4 37 787, 788 39
418.5, 418.6 37 789, 790 39
418.7, 418.8 37 791, 792 39
419, 420 27 793, 794 39
421, 422 36 794.1, 794.2 39
469, 470 35 795, 796 32
471, 472 35 797, 798 38
473, 474 35 799, 800 38
475, 476 35 839 42
477, 478 35 840.1, 840.2 42
479, 480 35 841, 842 5
521, 522 40 843 5
523, 524 40 891, 892 31
525, 526 40 943, 944 34
527, 528 40 945, 946 35
529, 530 40 947, 948 35
531, 532 40 949, 950 37
533, 534 40 951, 952 37
535, 536 40 953, 954 40
537, 538 40 955, 956 40
539, 540 40 957 40
541, 542 40 995, 996 26
543, 544 40 997, 998 40
545, 546 40 999, 1000 40
547, 548 40 1001, 1002 40
549, 550 40 1003, 1004 39
551, 552 40 1005, 1006 39
[3]
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ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1007, 1008 39 1237, 1238 21
1009, 1010 39 1239, 1240 40
1011, 1012 42 1241, 1242 40
1013 42 1243, 1244 40
1055, 1056 15 1245 40
1057, 1058 15 1275, 1276 41
1059 15 1277, 1278 41
1107, 1108 31 1278.1, 1278.2 41
1109, 1110 37 1278.3, 1278.4 41
1111, 1112 31 1279, 1280 38
1113, 1114 39 1281, 1282 38
1115, 1116 39 1283, 1284 41
1117, 1118 39 1284.1, 1284.2 41
1119, 1120 39 1284.3, 1284.4 41
1121, 1122 39 1284.5, 1284.6 41
1123, 1124 39 1285, 1286 OC
1125, 1126 39 1286.1, 1286.2 23
1127 39 1287 23
1157, 1158 33 1288.1 16
1159, 1160 33 1289, 1290 OC
1161, 1162 33 1291, 1292 OC
1163, 1164 37 1293, 1294 OC
1165, 1166 40 1295, 1296 38
1167, 1168 40 1297, 1298 38
1169, 1170 40 1298.1, 1298.2 36
1171, 1172 40 1299, 1300 OC
1173, 1174 40 1301, 1302 11
1175, 1176 40 1303, 1304 11
1177, 1178 40 1305, 1306 11
1179, 1180 42 1307, 1308 41
1221, 1222 41 1309, 1310 41
1223, 1224 41 1311, 1312 41
1225, 1226 41 1313, 1314 41
1227, 1228 41 1315 41
1229, 1230 41 1351, 1352 37
1231, 1232 41 1353, 1354 42
1233 41 1355, 1356 42
1235, 1236 21 1357, 1358 42
[4]
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1359, 1360 42 1439, 1440 37
1361, 1362 42 1441, 1442 37
1363, 1364 42 1443, 1444 37
1365, 1366 37 1445, 1446 40
1367, 1368 37 1446.1 40
1369, 1370 42 1447, 1448 37
1371, 1372 37 1449, 1450 42
1373, 1374 42 1450.1 42
1375, 1376 42 1451, 1452 37
1376.1, 1376.2 42 1453, 1454 37
1376.3, 1376.4 42 1455, 1456 37
1377, 1378 37 1457, 1458 37
1379, 1380 37 1459, 1460 37
1381 37 1461, 1462 37
1403, 1404 41 1463, 1464 37
1404.1, 1404.2 41 1465, 1466 37
1404.3 41 1467, 1468 37
1404.5 41 1469, 1470 37
1405, 1406 37 1471, 1472 37
1407, 1408 37 1473, 1474 37
1409, 1410 37 1475, 1476 37
1411, 1412 37 1477, 1478 37
1413, 1414 37 1479, 1480 40
1415, 1416 37 1481, 1482 40
1417, 1418 37 1482.1 40
1419, 1420 37 1483, 1484 37
1421, 1422 37 1485, 1486 37
1423, 1424 37 1487, 1488 38
1425, 1426 37 1488.1, 1488.2 38
1427, 1428 37 1488.3, 1488.4 38
1429, 1430 37 1488.5, 1488.6 38
1431, 1432 40 1488.7 38
1432.1, 1432.2 40 1489, 1490 37
1432.3, 1432.4 40 1491, 1492 37
1432.5, 1432.6 40 1493, 1494 37
1433, 1434 37 1495, 1496 37
1435, 1436 37 1497, 1498 37
1437, 1438 37 1499, 1500 37
[5]
Supp. No. 42
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1501, 1502 37 2005, 2006 37
1503, 1504 37 2007, 2008 41
1505,1506 37 2009 42
1507, 1508 37 2043 OC
1509, 1510 37 2053, 2054 42
1511, 1512 37 2055, 2056 42
1513, 1514 38 2081, 2082 42
1514.1, 1514.2 38 2083, 2084 42
1514.3, 1514.4 41 2085, 2086 42
1514.5, 1514.6 41 2087, 2088 42
1514.7, 1514.8 41 2101, 2102 41
1514.9, 1514.10 41 2103, 2104 40
1515, 1516 37 2105, 2106 40
1517, 1518 37 2107, 2108 41
1519, 1520 37 2109, 2110 40
1521, 1522 37 2111, 2112 40
1523, 1524 37 2113, 2114 41
1525, 1526 37 2115, 2116 41
1527, 1528 37 2117, 2118 41
1529, 1530 37 2119, 2120 40
1531, 1532 37 2121, 2122 40
1533, 1534 37 2123, 2124 40
1535, 1536 37 2125, 2126 41
1537, 1538 37 2127, 2128 41
1539, 1540 37 2128.1 41
1541, 1542 37 2129, 2130 40
1543, 1544 37 2131, 2132 40
1983, 1984 OC 2133, 2134 40
1985 OC 2135, 2136 40
1987, 1988 OC 2137, 2138 40
1989, 1990 OC 2139, 2140 41
1991, 1992 2 2141, 2142 40
1993, 1994 6 2143, 2144 40
1995, 1996 13 2145, 2146 40
1997, 1998 18 2147, 2148 41
1999, 2000 24 2149, 2150 41
2001, 2002 30 2151, 2152 41
2003, 2004 37 2153, 2154 40
[6]
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CHECKLIST OF UP-TO-DATE PAGES
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2165, 2166 40
2167, 2168 40
2169, 2170 41
[7]
Supp. No. 42
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 "Included." Ordinances that are
not of a general and permanent nature are not codified in the Code Book and
are considered "Omitted."
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
Included/
Omitted
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
65-11-37
3-28-11
Included
39
95-11-103
7-25-11
Included
39
95-11-104
9-26-11
Included
39
25-11-42
10-10-11
Included
39
60-11-16
10-10-11
Included
39
80-11-81
10-10-11
Included
39
5-12-54
1- 9-12
Included
39
5-12-55
1- 9-12
Included
39
60-12-17
1- 9-12
Included
39
90-12-214
3-26-12
Included
40
95-12-105
5-14-12
Included
40
45-12-21
7-23-12
Included
40
33-12-18
8-13-12
Included
40
5-12-56
8-27-12
Included
40
55-12-36
8-27-12
Included
40
80-12-82
9-24-12
Included
40
90-12-215
11-13-12
Included
40
5-12-57
11-26-12
Included
40
Supp. No. 42
SH:1
ATLANTIC BEACH CODE
Ord. No.
Date
Adopted
Included/
Omitted
Supp. No.
60-13-18
3-25-13
Included
40
5-13-58
4- 8-13
Included
40
25-13-43
4- 8-13
Included
40
58-13-35
6-10-13
Included
40
58-13-36
6-10-13
Included
40
58-13-37
6-10-13
Included
40
5-13-59
7- 8-13
Included
40
75-13-18
7- 8-13
Included
40
95-13-106
7- 8-13
Included
40
80-13-83
8-12-13
Included
41
75-13-19
10-28-13
Included
41
90-13-220
1-13-14
Included
41
80-14-84
2-10-14
Included
41
90-14-221
3-24-14
Omitted
41
90-14-222
4-14-14
Included
41
80-14-85
7-28-14
Included
41
80-14-86
7-28-14
Included
41
58-14-38
8-11-14
Included
41
58-14-39
8-11-14
Included
41
95-14-108
8-11-14
Included
41
5-14-61
9- 8-14
Included
41
60-14-19
11-24-14
Included
42
5-15-62
5-11-15
Included
42
33-15-19
5-11-15
Included
42
60-15-20
6- 8-15
Included
42
90-15-223
1-26-15
Included
42
95-15-109
5-11-15
Included
42
42
70-15-18
8-10-15
Included
Supp. No. 42 SH:2
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
PART I
CHARTER*
Art. I. Incorporation; Form of Government; Powers
Present Charter of the City of Atlantic Beach abolished and new Charter
established.
Reaffirmation of the incorporation of City of Atlantic Beach.
Form of government.
General powers.
Article II. The Commission
Sec. 5. Number of commissioners; selection; term.
Sec. 6. Qualifications and disqualifications.
Sec. 7. Salary.
Sec. 8. Presiding officer: Mayor.
Sec. 9. Powers.
Sec. 10. Appointment of city manager.
Sec. 11. Appointment of deputy city manager or deputy city clerk.
Sec. 12. Vacancies in the city commission.
Sec. 13. Creation of new departments or offices; change of duties.
Sec. 14. Induction of city commission into office; meetings of the city commission.
Sec. 15. City commission to be judge of qualifications of its members.
Sec. 16. Rules of procedure; journal of minutes.
Sec. 17. Ordinances.
Sec. 18. Procedure for passage of ordinances and resolutions.
Sec. 19. Independent annual audit.
Sec. 20. Attendance of city manager and other officers in city commission.
Article III. The City Manager
Sec. 21. Appointment.
Sec. 22. Qualifications.
Sec. 23. Powers and duties.
Sec. 24. Absence of the city manager.
Sec. 25. Removal of the city manager.
Sec. 26. City departments.
Sec. 27. Governance of departments.
*Editor's note—Section 1(E)d. A) of Ordinance No. 33-15-19, adopted May 11, 2015,
adopted a new Charter which amended and repealed all former Charter provisions, and which
was approved at an election held on August 25, 2015. The former Charter derived from the
Laws of Florida Chs. 59-1054, 86-461; Ord. No. 28-93-3, § 1, adopted Aug. 23, 1993; Ord. No.
28-96-4, § 3, adopted Jan. 13, 1997; Ord. No. 90-06-194, § 1, adopted Aug. 14, 2006; Ord. No.
33-07-12, § 1, adopted Oct. 2, 2007; Ord. No. 33-07-13, § 1, adopted Oct. 2, 2007; and Ord. No.
33-10-17, § 1, adopted June 28, 2010.
State law reference—Municipal Home Rule Powers Act, F.S. Ch. 166.
Supp. No. 42 1
ATLANTIC BEACH CODE
Article IV. The City Clerk
Sec. 28. Appointment; duties.
Sec. 29. Qualifications.
Sec. 30. Removal of the city clerk.
Sec. 31.
Sec. 32.
Article V. City Attorney
Appointment and qualifications.
Powers and duties.
Article VI. Department of Public Safety
Sec. 33. Appointments and responsibilities.
Article VII. Budget
Sec. 34. Preparation and adoption.
Article VIII. Department of Finance
Sec. 35. Director of finance.
Article IX. Elections
Sec. 36. Election regulations.
Sec. 37. Nonpartisan elections.
Sec. 38. Electors; registration.
Sec. 39. Nominations.
Sec. 40. Elections: Primary.
Sec. 41. Elections: General.
Sec. 42. Elections: Absentee voting.
Sec. 43. Elections: Canvassing board, duties.
Article X. Initiative and Referendum
Sec. 44. Power of initiative.
Sec. 45. Power of referendum.
Sec. 46. Form of petitions; committee of petitioners.
Sec. 47. Filing, examination and certification of petitions.
Sec. 48. Amendment of petitions.
Sec. 49. Effect of certification of referendum petition.
Sec. 50. Consideration by city commission.
Sec. 51. Submission to electors.
Sec. 52. Form of ballot for initiated and referred ordinances.
Sec. 53. Availability of list of qualified electors.
Sec. 54. Results of election.
Sec. 55. Reserved.
Supp. No. 42 2
CHARTER
Article XI. Recall Elections
Sec. 56. Procedures.
Article XII. Franchises
Sec. 57. Granting of franchises.
Article XIII. Tax Administration
Sec. 58. Tax administration.
Article XIV. Zoning
Sec. 59. Zoning, land development regulations and maximum building height.
Article XV. Municipal Borrowing
Sec. 60. Authority to borrow.
Article XVI. Suits Against the City
Sec. 61. Suits.
Article XVII. General and Miscellaneous Provisions
Sec. 62. Removal of officers and employees.
Sec. 63. Removal of members of boards, commissions, or agencies.
Sec. 64. Investigations.
Sec. 65. Publicity of records.
Sec. 66. Personal interest.
Sec. 67. Official bonds.
Sec. 68. Oath of office.
Sec. 69. Effect of this charter on existing law.
Sec. 70. Rights of officers and employees preserved.
Sec. 71. Continuance of present officers.
Sec. 72. Continuity of offices, boards, commissions or agencies.
Sec. 73. Transfer of records and property.
Sec. 74. Title to property reserved.
Sec. 75. Continuance of contracts and public improvements.
Sec. 76. Pending actions and proceedings.
Sec. 77. Short title.
Sec. 78. Severability clause.
Sec. 79.
Sec. 80.
Sec. 81.
Article XVIII. When Act Takes Effect and Periodic Review
Effective date of Act.
Effect of changes in state law.
Periodic review.
Supp. No. 42 3
CHARTER § 2
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS
Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter
established.
The present Charter of the City of Atlantic Beach in Duval County, Florida, is hereby
abolished; and the new Charter, as hereinafter set forth, is hereby established.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 2. Reaffirmation of the incorporation of City of Atlantic Beach.
The establishment of a municipal corporation, known and designated as the City of Atlantic
Beach, organized and constituted in the County of Duval and State of Florida, by an act of the
Florida Legislature in 1957, is hereby reaffirmed and its territorial boundaries are as follows:
Beginning at a point on the beach of the Atlantic Ocean which is the intersection of the low
water mark line of said Atlantic Ocean and an easterly prolongation of the southerly boundary
line of Kathryn Abby Hanna Park; running thence westerly along the southerly boundary line
of said Kathryn Abby Hanna Park to the easterly right-of-way line of Old Sherry Drive (County
Road No. 551); running thence southerly along said easterly right-of-way line of Old Sherry
Drive (County Road No. 551) to the north boundary line of fractional Section 5, Township 2
South, Range 29 East; running thence westerly along the northerly boundary line of said
Fractional Section 5 in said Township and Range, to the eastern right-of-way line of Mayport
Road (State Road A -1-A); running thence southerly along the easterly right-of-way line of said
Mayport Road to the north boundary line of Government Lot 15 of Section 8; running thence
easterly along the north boundary line of said Government Lot 15 to the northwest corner of
the east one-half of said Government Lot 15; running thence southerly along the west
boundary line of the east one-half of said Government Lot 15 to the north boundary line of
Sections 17 and 18 in said Township and Range; running thence westerly along said north
boundary line and the north boundary line of Section 40 to a point at the center line of the
Intracoastal Waterway; running thence southerly along said centerline of the Intracoastal
Waterway to the intersection of said center line with a line sixteen (16) feet northerly of,
measured at right angles from and parallel to the centerline of Atlantic Boulevard; running
thence easterly along said parallel line and a prolongation of same to the point of intersection
of said prolongation with the low water mark of the Atlantic Ocean; and running thence
northerly along said low water mark of the Atlantic Ocean to the point or place of beginning;
excepting from the territory hereinabove described that part thereof lying in said Sections 8
and 9 occupied and used by Atlantic Beach Country Club as described in deed recorded in
Volume 652, page 484, Official Records of Duval County; and jurisdiction of the waters of the
Atlantic Ocean two miles from the low water mark between the north and south lines of said
city as above described, projected easterly two miles; and police jurisdiction for traffic control
purposes over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as
hereinbefore described, over said Mayport Road from the city limits as above described,
northerly to the northern boundary line of said Fractional Section 5; provided, however, that
the city council of the City of Jacksonville, Florida, acting in its capacity as the governing body
Supp. No. 42 5
§ 2 ATLANTIC BEACH CODE
of Duval County, Florida, is hereby authorized to construct and maintain any and all streets,
roads, or highways that have at any time heretofore, been adopted as county roads by the
board of county commissioners of Duval County, Florida, as it may deem necessary and proper
for the benefit of the public.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 3. Form of government.
The municipal government provided by this Charter shall be known as "Commission -
Manager Government." Subject only to the limitations imposed by the Constitution and laws
of this state and by this Charter, all powers of the city shall be vested in an elective
commission, hereinafter referred to as "the city commission."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 4. General powers.
The city shall have all powers, governmental, corporate and proprietary, in accordance with
and including the provisions of F.S. Chapter 166, enabling it to conduct municipal government,
perform municipal functions and render municipal services, and may exercise any power for
municipal purposes; which powers shall be limited only by the Federal Constitution, State
Constitution, general and special law and any specific limitation in this Charter. The
enumeration of particular powers shall not be deemed as necessary as it is intended that the
city shall have and exercise all powers which it would be competent for this Charter
specifically to enumerate, including all extraterritorial powers and jurisdiction previously
granted by Chapter 57-1126, Laws of Florida as amended, or by any special or general law. The
absence of such enumeration shall not be construed as limiting; indeed, it shall be construed
liberally in favor of the city.
(Ord. No. 33-15-19, § 1(rxh. A), 5-11-15)
ARTICLE II. THE COMMISSION
Sec. 5. Number of commissioners; selection; term.
The city commission shall consist of five (5) electors of the City of Atlantic Beach who have
the qualifications as defined in section 6 of this Charter, elected at large without regard for any
designation of political party affiliation. The seats shall be known as seats 1 through 5
respectively, and seat 1 shall be designed as the mayor -commissioner. Seats 2 through 5 shall
be designated as district commissioners, with each commissioner required to reside within the
district from which he or she is elected. The four (4) districts shall be created using the precinct
lines existing as of November, 2007, as a beginning point, shall be established by ordinance,
shall be as equal in population as possible, and to the extent possible shall maintain the
integrity of neighborhoods and communities of interest. The mayor -commissioner shall be
elected for two-year terms and the terms for seats 2 through 5 shall each be four years.
Effective with the municipal election in October, 1993, anyone elected or appointed to the office
of mayor -commissioner shall not serve more than four (4) consecutive two-year terms; and any
Supp. No. 42 6
CHARTER §9
elected or appointed to commission seats 2 through 5 shall not serve more than two (2)
consecutive four-year terms. Serving any part of a term shall be considered a full term.
Nothing contained herein shall prevent anyone who has served as a city commissioner from
being appointed or elected to the position of mayor -commissioner and then serving in that
capacity four (4) consecutive two-year terms.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 6. Qualifications and disqualifications.
Members of the city commission shall have been full-time residents of the city for at least
two years immediately prior to qualifying. They shall be electors in the city. Full-time
residency shall be defined as the person's principal place of abode during the year. Members of
the city commission shall not hold any other elective office. Any member of the city commission
ceasing to possess the foregoing qualifications or who shall have been convicted of a crime
punishable by more than one (1) year of imprisonment or a crime involving moral turpitude,
shall forfeit the seat prior to the next meeting of the city commission. Absence from four
consecutive regular meetings of the city commission shall operate to vacate the seat of a
member, unless the member's absence is excused by the city commission by a resolution setting
forth the fact of such excuse duly entered upon the minutes.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 7. Salary.
The salary of the members of the city commission shall be set by ordinance.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 8. Presiding officer: Mayor.
The mayor -commissioner shall preside at all meetings of the city commission and shall be
recognized as head of the city government for all ceremonial purposes and by the governor for
all purposes of military law. When directed to do so by the city commission the mayor -
commissioner shall execute all instruments to which the city is a party, unless otherwise
provided by the Charter or by ordinance. The mayor -commissioner shall have no regular
administrative duties except as authorized in this Charter but may appoint, from time to time,
such special or select committees as in his or her discretion he or she deems desirable to
expedite the handling of the business and affairs of the city. Other members of the city
commission may on occasion appoint special or select committees with the approval of a
majority of the commission. In the temporary absence or disability of the mayor -commissioner,
all duties of the mayor -commissioner shall be performed by the mayor pro tempore.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 9. Powers.
Except as may be otherwise provided in this Charter, all powers of the city and the
determination of all matters of policy shall be vested in the city commission. Without
limitation of the foregoing, the city commission shall have power to:
(1) Adopt a budget;
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§ 9 ATLANTIC BEACH CODE
(2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebt-
edness;
(3) Establish or abolish official boards and elect the members thereof as recommended by
the mayor;
(4) Adopt and modify the official map of the city;
(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, or as otherwise
provided for by Florida Statutes;
(8) Lease golf courses, hospitals and airports, or any portion thereof, after the city
commission has passed an ordinance authorizing any such lease;
(9) Sell golf courses 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 that:
(a) there is a finding that public welfare no longer requires the operation of any such
facility; and (b) the terms of sale of real property within the city limits are stated; and
(c) 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; the city commission shall perform an
annual performance review of the city clerk, city manager and city attorney;
(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.
(13) The mayor pro tempore shall be appointed by the city commission from its members.
(14) Provide for the protection and preservation of parks as follow: Any real property owned
by the city which is used principally or held out for use as a public park, shall be used
only as a public park; and parks shall not be sold, leased long term, gifted, changed in
description or use, or otherwise disposed of; and no structure shall be built in any such
Supp. No. 42 8
CHARTER § 14
park to accommodate activities not customarily associated with park use or outdoor
recreation; unless such sale, lease disposal, gift or structure is approved by unanimous
vote of the entire city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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 removed or 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 11. Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may request, if they deem it necessary, a deputy city
manager and deputy city clerk, respectively, to be hired as approved by the city commission
and who shall be compensated at a rate set by the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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. 33-15-19, § 1(Exh. A), 5-11-15)
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. 33-15-19, § 1(Exh. A), 5-11-15)
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
Supp. No. 42 9
§ 14 ATLANTIC BEACH CODE
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. 33-15-19, § 1(Exh. A), 5-11-15)
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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 16. Rules of procedure; journal of minutes.
The City Commission shall determine its own rules and order of business. It shall require
that minutes of its proceedings to be kept. The minutes shall be open and remotely available
to the public in a timely manner, through commonly accepted methods.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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
shall be by ordinance. The enacting clause of all ordinances shall be: "BE IT ENACTED BY
THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC
BEACH, FLORIDA."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 18. Procedure for passage of ordinances and resolutions.
The minimum procedures for adoption of ordinances and resolutions as set forth in F.S.
Section 166.041 shall in its entirety constitute the process for such by the Atlantic Beach City
Commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Supp. No. 42 10
CHARTER § 22
Sec. 19. Independent annual audit.
At the beginning of each fiscal year the city commission shall designate a certified public
accountant or a firm of certified public accountants who, as of the end of the fiscal year, shall
make an independent audit of accounts and other evidences of financial transactions of the city
government and shall submit a written report to the city commission and to the city manager.
Such accountants shall have no personal interests, direct or indirect, in the fiscal affairs of the
city government or of any of its officers. They shall not maintain any accounts or records of city
business, but within specifications approved by the city commission, shall post -audit the books
and documents kept by the finance director and any separate or subordinate accounts kept by
any other office, department or agency of the city government.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 20. Attendance of city manager and other officers in city commission.
The city manager, and any such other officers of the city as may be designated by vote of the
city commission, shall be required to attend city commission meetings. The city manager shall
have the right to take part in the discussion of all matters coming before the city commission,
and the other officers shall be entitled to take part in all discussions of the city commission
relating to their respective offices, departments, boards, commissions, or agencies.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE III. THE CITY MANAGER
Sec. 21. Appointment.
The city manager shall be appointed in accordance with the provisions of Section 10 of this
Charter and shall be compensated at a rate set by the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 22. Qualifications.
The city manager shall be chosen by the city commission solely on the basis of administra-
tive qualifications and with special reference to education and experience in and knowledge of
accepted practice with respect to the duties of this office as set forth hereinafter and in the city
code. Applicants for the position of city manager shall meet the following educational and
experience requirements:
(1) Possession of at least a baccalaureate degree preferably in Public Administration or a
directly related field from a college or university accredited by a recognized accredi-
tation agency in the United States or from a recognized college or university outside of
the United States, which is acceptable to the city commission; and
(2) Not less than five (5) years of experience as a city, municipal, county, or state
government administrator serving in at least an assistant department head or the
equivalent in responsibility; and
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§ 22 ATLANTIC BEACH CODE
(3) A graduate degree acceptable to the city commission may be substituted for not more
than one year of the required experience.
At the time of appointment, the new city manager need not be a resident of the city or state,
but within six (6) months the city manager shall reside within the city of Atlantic Beach.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 23. Powers and duties.
The city manager shall be the chief administrative officer and as such, head the adminis-
trative branch of the city government. The powers and duties of the city manager shall include
but not be limited to:
(1) Establish and maintain a line of comniwiication with the city clerk; and
(2) Administering and enforcing all enactments of the city commission; and
(3) Preparing and forwarding agenda materials to the city clerk for every commission
meeting; and
(4) Preparing the budget annually and submitting it to the city commission, and being
responsible for its administration after adoption; and
(5) Preparing and submitting to the city commission at the end of each fiscal year, a
complete report on the finances and administrative activities of the city for the year
just completed.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 24. Absence of the city manager.
The duties of the city manager during any temporary absence or disability shall be carried
out by a deputy city manager, or in the absence of the latter, by another administrative officer
of the city designated first by the city manager or second, by a majority of the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 25. Removal of the city manager.
The city manager shall serve at the pleasure of the city commission. The city commission
may remove the city manager by the affirmative vote of not less than three (3) of its members.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 26. City departments.
Administrative departments as established by ordinance shall report to and serve under the
city manager.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Supp. No. 42 12
CHARTER § 29
Sec. 27. Governance of departments.
The city manager may head one or more administrative department or select and employ
persons qualified in accordance with city personnel practices to supervise, direct and control
such departments.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE IV. THE CITY CLERK
Sec. 28. Appointment; duties.
The city commission shall appoint an executive officer to serve the city commission and to
assure that all its enactments are effectively carried out. The title of the executive officer shall
be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the
city commission.
The duties of the city clerk shall be to:
(1) Establish and maintain a line of communication with the city manager; and
(2) Prepare an agenda for every commission meeting and a permanent record of each such
meeting; and
(3) Disseminate information as necessary about activities, findings, or decisions of the city
commission; and
(4) Provide the city commission with information as requested about programs of the city
government; and
(5) Serve as supervisor of election for city elections; and
(6) Serve as custodian of all city records and the seal of the city; and
(7) Administer oaths; and
(8) Conduct such other activities as may be specified by this Charter, the city code or the
city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 29. Qualifications.
The city clerk shall be chosen by the city commission solely on the basis of education and
experience necessary to carry out the responsibilities of executive officer to the city commis-
sion.
Applicants for the position of city clerk shall meet the following educational and experience
requirements:
(1) At least a baccalaureate preferably in Business Administration or a related field
acceptable to the city commission from a college or university accredited by a
Supp. No. 42 13
§ 29 ATLANTIC BEACH CODE
recognized accreditation agency in the United States or from a recognized college or
university outside of the United States which is acceptable to the city commission; and
(2) Two years of experience in public administration satisfactory to the city commission.
(3) In lieu of the required baccalaureate degree, the city commission may in its discretion,
accept four additional years of acceptable experience in public administration or a
related field of public or private service.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 30. Removal of the city clerk.
The city clerk shall serve at the pleasure of the city commission. The city commission may
remove the city clerk by the affirmative vote of not less than three (3) of its members.
(Ord. No. 3345-19, § 1(Exh. A), 5-11-15)
ARTICLE V. CITY ATTORNEY
Sec. 31. Appointment and qualifications.
The city commission shall appoint a city attorney, which may be a law firm, who shall be an
attorney with at least five years of experience in the practice of general, civil or municipal law,
admitted in and having authority to practice in all courts of this state, and who shall be
compensated at a rate set by the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 32. Powers and duties.
The duties of the city attorney shall include:
(1) Acting as the legal advisor to, and attorney and counselor for, the city and its officers
in matters relating to their official duties; and
(2) Preparing in writing, all contracts, bonds and other instruments in which the city is
concerned and giving an endorsement of approval as to form and correctness; and
(3) Prosecuting and defending for and 011 behalf of the city, all civil complaints, suits and
controversies in which the city is a party; and
(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.
(6) The city attorney shall serve at the pleasure of the city commission. The city
commission may remove the city attorney by the affirmative vote of not less than three
(3) of its members.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Supp. No. 42 14
CHARTER § 35
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. 33-15-19, § 1(Exh. A), 5-11-15)
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 or her 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. 33-15-19, § 1(Exh. A), 5-11-15)
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. 33-15-19, § 1(Exh. A), 5-11-15)
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§ 36 ATLANTIC BEACH CODE
ARTICLE IX. ELECTIONS
Sec. 36. Election regulations.
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. 33-15-19, § 1(Exh. A), 5-11-15)
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. 33-15-19, § 1(Exh. A), 5-11-15)
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. Chapter
98 and ordinances of Atlantic Beach, shall be a qualified elector of the municipality.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 39. Nominations.
Any elector of the city having the additional qualifications and limitations as set forth in
Artic II, Section `�, may be nominated for a seat in the city cou niSSiun. SunoLitili
c �� ch minld
shall be only by petition. A petition for this purpose shall be signed by not less than twenty-five
(25) 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 ofAtlantic Beach hereby nominate
whose residence is for the office of Commissioner, Seat No.
to be voted for at the election to be held on the day of
A.D., and we individually certify that our names appear on the rolls of
registered voters, and that we are qualified to vote for a candidate for the city commission.
Name, street, and number address from which last date of registered (if different) signing.
(Spaces for signatures and required date)
Supp. No. 42 16
CHARTER § 40
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
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. 33-15-19, § 1(Exh. A), 5-11-15)
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
Supp. No. 42 17
§ 40 ATLANTIC BEACH CODE
receive at such primary election a majority of all votes cast, he or she 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. 33-15-19, § 1(Exh. A), 5-11-15)
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. 33-15-19, § 1(Exh A), 5-11-15)
Sec. 42. Elections: Absentee voting.
Except as herein specifically provided all elections and absentee voting in the city shall be
conducted in accordance with the provisions of F.S. Chapter 101.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 43. Elections: Canvassing board, duties.
The City of Atlantic Beach delegates the election canvassing responsibilities for all city
elections to the Duval County Canvassing Board. The Canvassing Board may meet in Atlantic
Beach, or at a location as decided by the Duval County Canvassing Board 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 preliminary returns by
11:59 pm on election night. See Chapters 101 and 102, Florida Statutes for a complete listing
of Canvassing Board duties. After each city election, the Canvassing Board shall issue an
official Certification of Election to the city clerk. The clerk shall provide a certificate of election
to the candidates elected.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE X. INITIATIVE AND REFERENDUM
Sec. 44. Power of initiative.
The electors shall have the power to propose any ordinance, except an ordinance appropri-
ating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such
Supp. No. 42 18
CHARTER § 47
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
sixteen percent (16%) of the registered electors at the last regular municipal election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 45. Power of referendum.
Under the power known as the referendum the electors shall have power to approve or reject
at the polls any ordinance passed by the city commission, or submitted by the city commission
to a vote of the electors, except as provided in F.S. 166 Part II for bond ordinances. Ordinances
submitted to the city commission by initiative petition and passed by the city commission
without change shall be subject to the referendum. Within thirty (30) days after the enactment
by the city commission of any ordinance which is subject to a referendum, a petition signed by
registered electors of the city equal to at least sixteen percent (16%) of the registered electors
at the last preceding regular municipal election may be filed with the city clerk requesting any
such ordinance be either repealed by the city commission or submitted to a vote of the electors.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 46. Form of petitions; committee of petitioners.
All petition papers circulated for the purpose of an initiative or referendum shall be uniform
in size and style, and shall contain the full text of the proposed ordinance. The signatures to
the initiative or referendum petitions need not all be appended to one paper. Signatures on
such petitions shall be in ink and shall be followed by the petitioner's place of residence by
street and number. There shall appear on each petition the names and addresses of five
electors who, as a committee of the petitioners, shall be regarded as responsible for the
circulation and filing of the petition.
Attached to each separate petition paper there shall be a notarized affidavit signed by the
circulator of the petition stating the number of signatures, that all signatures appended
thereto were made in the presence of the circulator, and that the circulator believes them to be
the genuine signatures of the persons whose names appear on the petition.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 47. Filing, examination and certification of petitions.
All petition papers comprising an initiative or referendum petition shall be assembled and
filed with the city clerk as one instrument. Within thirty (30) days after a petition is filed, the
city clerk shall determine whether each page of the petition has a proper statement of the
circulator and whether the petition is signed by a sufficient number of qualified electors. The
city clerk shall declare any petition paper invalid which does not have attached thereto an
affidavit signed by the circulator on each page. If a petition paper is found to be signed by more
persons than the numbers of signatures certified by the circulator, the last signatures in excess
of the number certified shall be disregarded. If a petition paper is found to be signed by fewer
persons than the number certified, the signatures shall be accepted unless void on other
grounds. After completing the examination of the petition, the city clerk shall certify the result
Supp. No. 42 19
§ 47 ATLANTIC BEACH CODE
to the city commission at its next regular meeting. If the city clerk certifies the petition is
insufficient, a certificate listing the defective items shall be prepared and provided to the
committee of petitioners.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 48. Amendment of petitions.
An initiative or referendum petition may be amended within ten (10) days after the
certificate of insufficiency has been sent by the city clerk. An amended petition may be filed as
provided by Section 46. The city clerk shall, within five (5) days, examine the amended petition
and if the petition is still insufficient, shall file a certificate to that effect and notify the
committee of the petitioners of such findings. The finding of the insufficiency of a petition shall
not prejudice the filing of a new petition.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 49. Effect of certification of referendum petition.
When a referendum petition, or an amended petition, as defined in Section 46 has been
certified as sufficient, the ordinance specified in the petition shall not go into effect until and
unless approved by the qualified registered electors.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 50. Consideration by city commission.
Whenever the city commission receives a certified initiative or referendum petition from the
city clerk, it shall proceed forthwith to consider such petition. A proposed initiative ordinance
shall be read and a public hearing shall be held upon the proposed ordinance. The city
commission shall take final action on the ordinance not later than sixty (60) days after the date
on which such ordinance was submitted to the city commission. Such final action shall be
decided by at least a four-fifths affirmative vote of the full city commission to approve, amend
or deny. If such ordinance is one which is referred for reconsideration by the city commission,
it shall be brought forth for its final vote upon such reconsideration and the question shall be,
"Shall the ordinance specified in the referendum be repealed?" Such final action shall also be
decided by at least a four-fifths affirmative vote of the full city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 51. Submission to electors.
If the city commission shall fail to pass an ordinance proposed by initiative petition or shall
pass it in a form different from that set forth, or if the city commission fails to repeal an
ordinance referred for reconsideration, the proposed or referred ordinance shall be submitted
to the electors not less than thirty (30) days nor more than one year from the date the city
commission takes its final vote. If no regular election is to be held within the specified time
frame, the city commission shall provide for a special election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Supp. No. 42 20
CHARTER § 57
Sec. 52. Form of ballot for initiated and referred ordinances.
Ordinances submitted to a vote of the electors in accordance with the initiative and
referendum provision of this Charter shall be submitted by ballot title prepared by the city
attorney or other legal advisor of the city. The ballot title may be different from the legal title
of any such initiated or referred ordinance and shall be a clear, concise statement, without
argument or prejudice, descriptive of the subject of such ordinance. The ballot used in voting
upon any ordinance shall have below the ballot title the following propositions, one above the
other, in order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 53. Availability of list of qualified electors.
Lists of qualified electors or registers may be obtained from the Supervisor of Elections for
Duval County in accordance with the provisions of F.S. 98.045(3).
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 54. Results of election.
If a majority of the electors shall vote in favor of a proposed initiative or referred ordinance
it shall become an ordinance of the city. If conflicting ordinances are approved by the electors
at the same election, the one receiving the greatest number of the affirmative votes shall
prevail.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 55. Reserved.
ARTICLE XI. RECALL ELECTIONS
Sec. 56. Procedures.
Recall elections shall follow those procedures prescribed by F.S. 100.361.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XII. FRANCHISES
Sec. 57. Granting of franchises.
The city shall have power to grant a franchise to any private or public enterprise for the use
of streets and other public places in the furnishing of any public service or utility service to the
city and its inhabitants. All franchises and any renewals, extensions and amendments thereto
shall be granted only by ordinance, and under such limitations as may be provided by the laws
Supp. No. 42 21
§ 57 ATLANTIC BEACH CODE
of the State of Florida. If the proposed franchise is for fifteen years or more, the ordinance
approving said franchise shall not be effective unless it is approved at a referendum in the
same manner provided in F.S. 166 for the approval of issuance of bonds.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XIII. TAX ADNIINISTRATION
Sec. 58. Tax administration.
Tax administration shall be in accordance with Florida Statutes or as otherwise provided for
in the Code of Ordinances.
Note: Currently F.S. 193.116, F.S. 205, and Code of Ordinances Chapter 20.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XIV. ZONING
Sec. 59. Zoning, land development regulations and maximum building height.
Zoning and land development regulations shall be in accordance with Florida Statutes or as
otherwise provided for within the Code of Ordinances, except that in no case shall the
maximum height of buildings within the City of Atlantic Beach exceed thirty-five (35) feet;
provided however, that existing buildings which exceed thirty-five (35) feet in height may be
repaired to that existing height, no alterations shall be made to any building, which would
cause that building to exceed thirty-five (35) feet in height, and this Charter provision shall not
restrict any property owner's vested rights under constitutional, statutory or common law.
Further provided, however, that the city commission may approve, pursuant to the
applicable section of the city's land development regulations, requests to exceed the maximum
building height of thirty-five (35) feet for exterior architectural design elements, exterior decks
or porches within nonresidential land use categories as designated by the future land use map
of the adopted comprehensive plan, for nonresidential development.
The only property excepted from this height limitation shall be certain parts of the existing
hotel property, located at 1 Ocean Boulevard, Atlantic Beach, Florida, which property is
bounded by Ahern Street on the north, the Atlantic Ocean on the east, Atlantic Boulevard on
the south, and Ocean Boulevard on the west, and only those parts of said property as follows:
(1) The existing buildings that exceed thirty-five (35) feet 011 the property as of the
effective date of this ordinance; and
(2) That part of said property extending west from the existing hotel tower no more than
one hundred twenty-five (125) feet towards the west property line, no closer than fifty
(50) feet to the south property line, with no more than a maximum width of one
hundred (100) feet and containing an additional footprint of no more than eleven
thousand five hundred (11,500) square feet.
Supp. No. 42 22
CHARTER § 63
However, any future development, redevelopment or expansion on these parts of the
property, which are proposed to exceed thirty-five (35) feet in height shall be subject to
approval by the city commission and shall in no event exceed the height of the existing hotel
tower building as of the effective date of this ordinance.
Note: Currently F.S. 163, F.S. 166, and Code of Ordinances Chapters 14 and 20.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XV. MUNICIPAL BORROWING
Sec. 60. Authority to borrow.
The city may borrow money, contract loans and issue bonds as provided by F.S. 166 Part II
from time to time to finance the undertaking of any capital or other project for the purposes
permitted by the State Constitution, and may pledge funds, credit, property, and tax revenues
for the payment of such debts and bonds.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XVI. SUITS AGAINST THE CITY
Sec. 61. Suits.
No suit shall be brought against the city for damages unless all provisions of state law have
been met.
Upon receiving notice of any suit, the city manager shall inform the city commission of the
lawsuit as soon as practical. Upon receipt of a written claim for damages by an injured party
the city commission may, by ordinance, make a settlement of the claim.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XVII. GENERAL AND MISCELLANEOUS PROVISIONS
Sec. 62. Removal of officers and employees.
Any officer or employee appointed by the city manager or head of any office, department or
agency may be removed by the city manager at any time pursuant to city ordinances.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 63. Removal of members of boards, commissions, or agencies.
Except as provided in this Charter, an agent, a member of any board, committee, task force,
commission or agency of the city who has been appointed by the city commission, may be
removed by the city commission in the same manner as provided for the removal of the city
manager in Section 25 of this Charter.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Supp. No. 42 23
§ 64 ATLANTIC BEACH CODE
Sec. 64. Investigations.
The city commission, or any committee thereof, the city manager or any advisory board
appointed by the city commission for such purpose, shall have power at any time to cause the
affairs of any department or the conduct of any officer or employee under their jurisdiction to
be investigated; and for such purpose shall have power to compel the attendance of witnesses
and the production of books, papers and other evidence; and for that purpose may issue
subpoenas which shall be signed by the president or chairman of the body, or by the officer
making the investigation, and shall be served by an officer authorized to serve such process.
The authority making such investigation shall have power to cause the testimony to be given
under oath, such oath to be administered by some officer having authority under the law of the
state to administer oaths. Failure to obey such subpoena or to produce books, papers, or other
evidence as ordered under the provisions of this section shall constitute a violation of the
municipal ordinance and shall be punishable by a fine not to exceed five hundred dollars
($500.00) or by imprisonment not to exceed sixty days, or both. Enforcement of any violation
of this municipal ordinance shall be by the State Attorney's office.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 65. Publicity of records.
To the extent required by F.S. Chapter 119, records and accounts of every office, department
or agency of the city shall be public records and open to inspection under reasonable
regulations established by the city commission in accordance with the Public Records Act.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 66. Personal interest.
No member of the city commission, any officer of the city or department head shall have a
financial interest, direct or indirect, in any contract or in the sale to the city or to a contractor
supplying the city of any land or rights or interests in any land, material, supplies or services.
Any willful violation of this section shall constitute malfeasance in office, and shall be grounds
for removal or termination. Any contract entered into in violation of this section shall be
voidable by the city manager or the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 67. Official bonds.
The city commission shall determine whether or not each officer, clerk, or employee shall
give bond, and the amount thereof, but all officers, clerks and employees handling any funds
or property of the city shall be required to give bond to the city, which bonds shall be procured
from a regularly accredited surety company, authorized to do business under the Laws of
Florida, the premiums on such bonds to be paid by the city. All such bonds shall be filed in the
office of the city clerk.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Supp. No. 42 24
CHARTER § 73
Sec. 68. Oath of office.
Every officer and employee of the city shall, before entering upon the duties of his or her
office, take and subscribe to the following oath or affirmation, to be filed and kept in the office
of the city clerk:
"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws
of the United States and of the State of Florida, that I will, in all respects, observe the
provisions of the Charter and ordinances of the City of Atlantic Beach, and will faithfully
discharge the duties of the office of ."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 69. Effect of this charter on existing law.
All laws, ordinances and resolutions relating to or affecting the city in force when this
Charter takes effect are hereby repealed and superseded to the extent that such are
inconsistent with the provisions of this Charter.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 70. Rights of officers and employees preserved.
Nothing contained in this Charter, except as specifically provided, shall affect or impair the
rights or privileges of officers or employees of the City of Atlantic Beach or of any office,
department, board, commission, or agency existing at the time when this Charter shall take
effect.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 71. Continuance of present officers.
All commissions, administrative and executive officers, agents, department heads, board
and committee members and their powers, duties and obligations at the time this Charter
takes effect shall continue in effect until provisions have been made in accordance herewith for
the performance of such duties or the discontinuance of such office, powers or obligations.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 72. Continuity of offices, boards, commissions or agencies.
Any office, department, board, commission or agency provided for in this Charter with
powers and duties the same or substantially the same as those which previously existed shall
be deemed to be a continuation of such office, department, board, commission, agent or agency
with the power to continue its duties and obligations.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 73. Transfer of records and property.
All records, property and equipment whatsoever of any office, department, board, commis-
sion, agency, or agent, all the powers and duties of which are assigned to any other office,
department, board, commission, or agency by this Charter, shall be transferred and delivered
Supp. No. 42 25
§ 73 ATLANTIC BEACH CODE
to the office, department, board, commission, or agency to which such powers and duties are so
assigned. If part of the powers and duties of any office, department, board, commission, or
agency are by this Charter assigned to any other office, department, board, commission, or
agency, all records, property and equipment relating exclusively thereto shall be transferred
and delivered to the office, department, board, commission or agency to which such powers and
duties are so assigned.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 74. Title to property reserved.
The title, rights, and ownership of property, uncollected taxes, dues, claims, judgments,
decrees and choses in action, held or owned by the City of Atlantic Beach shall continue to be
vested in the corporation under this Charter.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 75. Continuance of contracts and public improvements.
All contracts entered into by the City of Atlantic Beach, or for its benefit, prior to the taking
effect of this Charter, shall continue in full force and effect. Public improvements, for which
legislative steps have been taken under laws or Charter provisions existing at the time this
Charter takes effect, shall be carried to completion in accordance with the provisions of such
existing laws and Charter provisions.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 76. Pending actions and proceedings.
No action or proceeding. civil or criminal; pending at the time when this Charter takes
effect, brought by or against the City of Atlantic Beach, or any office, department, board,
agents, commission, or agency or officer thereof, shall be affected or abated by the adoption of
this Charter or by anything therein contained.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 77. Short title.
This Charter shall be known as the "Atlantic Beach Charter."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 78. Severability clause.
If any section or part of a section of this Charter shall be held invalid by a court of competent
jurisdiction, such holding shall not affect the remainder of this Charter or the context in which
such section or part of section so held invalid may appear, except to the extent that an entire
section or part of a section may be inseparably connected in meaning and effect with the
section or part of section to which such holding shall directly apply.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Supp. No. 42 26
CHARTER
ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REVIEW
Sec. 79. Effective date of Act.
§ 81
This Act shall go into effect subject to the referendum and in accordance with state law
under F.S. 166.031.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 80. Effect of changes in state law.
In the event of changes in state law which are in conflict with any provisions of this Charter,
state law shall prevail.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 81. Periodic review
A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15)
electors of the City shall be appointed by the City Commission every eight (8) years to review
the City Charter and propose any amendments or revisions, which may be advisable for
placement on the regular municipal election ballot.
The City Commission shall appoint the Charter Review Committee in January of the year
immediately preceding the election with a definite and specific charge. The Charter Review
Committee shall meet for the purpose of organization within thirty (30) days after the
appointments have been made. The Charter Review Committee shall elect a chair and vice
chair from among its membership. Further meetings of the Charter Review Committee shall
be held upon the call of the chair or a majority of the members of the Charter Review
Committee. All meetings shall be open to the public. No Charter amendment or revision shall
be submitted to the electorate for adoption unless favorably voted upon by a majority of the
entire membership of the Charter Review Committee.
No later than one -hundred and eighty (180) days prior to the regular municipal election, the
Charter Review Committee shall deliver to the City Commission the proposed amendments or
revisions, if any, to the City Charter. Each proposed amendment shall embrace but one subject
and matter directly connected therewith. The City Commission may by resolution place such
amendments or revisions as approved by the Charter Review Committee on the next regular
municipal election ballot. If a majority of the electors voting on the amendments or revisions
favor adoption, such amendments or revisions shall become effective on January 1 of the
succeeding year or such other time as the amendment or revision shall provide.
If the Charter Review Committee does not submit any proposed Charter amendments or
revisions to the City Commission at least one -hundred and eighty (180) days prior to the
regular municipal election, the Charter Review Committee shall be automatically dissolved.
Supp. No. 42 27
§ 81 ATLANTIC BEACH CODE
Otherwise, upon acceptance, further amendment or rejection of the proposed amendments or
revisions by the City Commission, the Charter Review Committee shall be automatically
dissolved.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Supp. No. 42 28
[The next page is 79]
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
33-15-19 5-11-15 1(Exh. A) Rpld 1-80
Added 1-54,
56-81
[The next page is 103]
Supp. No. 42 91
Chapter 14
PLANNING/ZONING/APPEALS*
Article I. In General
Sec. 14-1. Comprehensive plan.
Secs. 14-2-14-15. Reserved.
Article II. Community Development Board
Sec. 14-16. Created.
Sec. 14-17. Composition; qualifications of members; officers.
Sec. 14-18. Terms of office of members; filling of vacancies.
Sec. 14-19. Removal of members.
Sec. 14-20. Powers and duties.
Sec. 14-21. Certification of board actions to the city manager.
Sec. 14-22. Local planning agency.
Sec. 14-23. Proceedings of the board.
Sec. 14-24. Appeals.
Sec. 14-25. Petition of illegality.
Sec. 14-26. Cost.
Sec. 14-27. Enforcement; penalties for violation.
Sec. 14-28. Legal proceedings.
*Editor's note—Ord. No. 47-86-3, § 1, adopted January 26, 1987, repealed former Ch. 14,
§§ 14-1, 14-16-14-22, in its entirety. The aforesaid sections were concerned with planning, and
derived from the Code of 1970; Ord. No. 95-81-23, §§ 1, 2, adopted June 26, 1981; Ord. No.
95-85-27, § 1, adopted December 9, 1985; and Ord. No. 95-86-31, § 1, adopted December 8,
1986. Section 2 of Ord. No. 47-86-3 enacted new provisions as set out herein.
Cross references—Administration, Ch. 2; buildings and building regulations, Ch. 6; flood
hazard districts, Ch. 8; mobile homes and recreational vehicles, Ch. 10; signs and advertising
structures, Ch. 17; streets, sidewalks and other public places, Ch. 19; utilities, Ch. 22; zoning
and subdivision regulations, Ch. 24.
State law references—State comprehensive planning, F.S. § 23.011 et seq.; Local
Government Comprehensive Planning Act, F.S. § 163.3161 et seq.
Supp. No. 42 839
PLANNING/ZONING/APPEALS
ARTICLE I. IN GENERAL
Sec. 14-1. Comprehensive plan.
§ 14-17
(a) The Comprehensive Plan for the City of Atlantic Beach, entitled "Comprehensive Plan
City of Atlantic Beach, Florida," dated March 1, 1990, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference, is hereby adopted for the area of jurisdiction
of the City of Atlantic Beach pursuant to the Chapter 163, Part II, of the Laws of the State of
Florida.
(b) Not less than one (1) copy of the comprehensive plan, and any subsequent amendments
thereto, shall be maintained for public inspection in the office of the city clerk, and not less
than one (1) additional copy each and any subsequent amendments thereto, shall be
maintained for public inspection in the office of the city manager and the office of the
community development director.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 95-90-48, § 1, 12-13-90)
Cross reference—Stormwater management, § 22-301 et seq.
Secs. 14-2-14-15. Reserved.
ARTICLE II. COMMUNITY DEVELOPMENT BOARD*
Sec. 14-16. Created.
There is hereby created a community development board.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-17. Composition; qualifications of members; officers.
The community development board shall consist of seven (7) members and two (2) alternate
members appointed by the city commission, none of whom shall hold any other public office or
position in the city, all of whom shall be bona fide residents of the city, and where practical,
each shall possess some special skill or knowledge which would assist them in the discharge
of their responsibilities under this article. Alternate members shall be allowed to vote and
participate in CDB business subject to the requirements of this section and when called upon
by the chair to participate in order to ensure a quorum. The community development board
shall elect its chairman and vice chairman from among the appointed members. The
community development director shall act as secretary to the board under the direction of the
city manager.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-15-62, § 2, 5-11-15)
*Cross references—Administration, Ch. 2; boards and commissions generally, § 2-131 et
seq.
Supp. No. 42 840.1
§ 14-18 ATLANTIC BEACH CODE
Sec. 14-18. Terms of office of members; filling of vacancies.
Following the expiration of the terms of office of current board members the term of office
shall be for two (2) years and members may serve a maximum of four (4) consecutive terms. All
terms shall expire on December 31 of the proper year. Any vacancy during the unexpired term
of an appointed member shall be filled by the city commission for the remainder of the term.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-03-42, § 2, 7-14-03)
Sec. 14-19. Removal of members.
Any member of the community development board may be removed for cause by the city
commission upon written charges and after public hearing. Any member who fails to attend (3)
consecutive meetings without cause shall have his office declared vacant unless the member's
absence is excused by a majority of the board members, and the city commission shall promptly
fill such vacancy.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-03-42, § 2, 7-14-03)
Sec. 14-20. Powers and duties.
The community development board shall have the power, duty, responsibility and authority
to:
(1) Make recommendations to the city commission for the physical, fiscal and esthetic
development of the city;
(2) Exercise supervisory control over planning and land use within the city, following the
standards established by the city commission pertaining to such planning or land use
regulation as contained in the Ordinance Code of the City of Atlantic Beach, Florida;
(3) Recommend to the city eammiseion proposed changes in the land use regulation map
of the city;
(4) Recommend to the city commission proposed changes in the land use regulations of the
code;
(5) Submit to the city commission their recommendations covering all applications for
changes in the provisions of the land use regulations of the city referred to them by the
city commission;
Supp. No. 42 840.2
SIGNS AND ADVERTISING STRUCTURES § 17-51
ARTICLE IV. NONCONFORMING SIGNS AND WAIVER TO CERTAIN
PROVISIONS
Sec. 17-51. Nonconforming signs.
All signs, which were lawfully in existence and constructed or installed with properly issued
sign permits as of the effective date of these amended regulations, and which are made
nonconforming by the provisions herein shall be allowed to remain in accordance with the
following conditions:
(1) Freestanding signs, permitted pursuant to section 17-29, made nonconforming upon
the initial effective date of these amended regulations, which are not in compliance
only with respect to the minimum required distance of five (5) feet from any property
lines shall be allowed to remain in the existing location provided that no portion of the
sign is located within any publicly owned right-of-way or utility easement and that no
interference with clear sight distance exists, and further provided that such signs are
otherwise in compliance with the terms of this chapter.
(2) Freestanding signs, permitted pursuant to section 17-29, made nonconforming upon
the initial effective date of these amended regulations, which are not in compliance
with respect only to maximum width, height or size shall be allowed to remain,
provided that such signs are otherwise in compliance with the terms of this chapter.
(3) Nonconforming signs, including those as described in preceding paragraphs (1) and (2)
shall be made conforming with all provisions of this chapter when any of the following
changes are made:
a. Any change to the structural supports or structural materials, including tempo-
rary relocation associated with routine maintenance of a property.
b. Any change which increases the illumination.
c. Any change which increases the height of a sign.
d. Any change, which alters the material used for the display area or face area by
more than twenty-five (25) percent.
e. Any replacement required as the result of an accidental act or a weather-related
act.
f. Any replacement of an abandoned sign.
g. Any change necessary for compliance with Florida Building Code requirements.
(4) The provisions of this section shall not be construed to apply to signs that are
abandoned, deteriorated, dilapidated, or in a general state of disrepair, or which are
determined to create a hazard to public safety. Such signs shall be subject to the
provisions of section 17-33.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-13, § 2, 3-24-03; Ord. No. 60-11-16, § 1, 10-10-11;
Ord. No. 60-14-19, § 1, 11-24-14; Ord. No. 60-15-20, § 1, 6-8-15)
Supp. No. 42 1011
§ 17-52 ATLANTIC BEACH CODE
Sec. 17-52. Requests to waive certain terms of this chapter.
Requests to waive terms of this chapter may be made upon specific application to the city
commission, with proper public notice required, provided that no waiver shall be requested
that would allow a prohibited sign, or any otherwise unlawful sign. The applicant requesting
such waiver shall have the burden of demonstrating the need for the requested waiver, and
that the waiver is not in conflict with the intent of this chapter. The terms of any waiver to the
provisions of this chapter shall be established by order of the city commission.
(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-53-17-60. Reserved.
ARTICLE V. SIGN PERMITS
Sec. 17-61. Permit required.
It shall be unlawful for any person to install, erect, place, alter or relocate any sign without
first obtaining a sign permit with payment of the required fee to the city. Sign permits shall be
required for any sign requiring a permit under the provisions of Section 3108.1.3, Florida
Building Code. A sign permit shall not be issued prior to issuance of the appropriate
occupational license as required for the activity on the property for which the sign permit is
sought, except as set forth in section 17-29(c) of this chapter.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-62. Application.
Before a sign permit shall be issued, a design and stress diagram containing necessary
information to enable the building official to determine compliance with the provisions of
Section 3108 of the Florida Building Code shall be submitted. Such information shall be
included as part of the sign permit application and shall be submitted to the City of Atlantic
Beach Building Department using a sign permit application as provided by the city. The
application for sign permit shall contain or have attached thereto the following information:
(1)
(2)
The name, mailing address and telephone number of the applicant.
If applicable, a copy of a valid and current occupational license for the property where
the sign shall be placed.
(3) In the case that the applicant is not the property owner, an owner's authorization to
apply for a sign permit.
(4) A survey depicting the location of the requested sign(s) and the location of all
structures and access points on the property. An elevation drawing, with dimensions,
depicting the size, height, location and relation to other existing signs. Plans shall be
drawn at a legible scale, depicting materials to be used, method of construction,
attachment or installation as appropriate and type of illumination, if any.
(5) The name and contractor information of the person erecting or installing the sign.
Supp. No. 42 1012
SIGNS AND ADVERTISING STRUCTURES § 17-64
(6) An electrical permit, if required.
(7) Registered engineer's drawings as may be required by Section 3108, Florida Building
Code.
(8) Such additional information as may be required by the building official to determine
compliance with this chapter, any other applicable laws and ordinances of the City of
Atlantic Beach and the requirements of Section 3108, Florida Building Code.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-63. Calculation of permitted sign size.
Sign face area, sign display area, width of sign and height of sign shall be calculated as
defined within article I of this chapter. In the case of freestanding, fascia and projecting signs,
the sign face area shall be used in calculating the permitted size of sign. In the case of
marquee, canopy or awning signs, the sign display area shall be used in calculating the
permitted size of the sign.
When computing sign face area and sign display area, only one (1) side of a sign containing
two (2) sides shall be included in the calculation of the permitted sign size.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-64. Fees.
Fees for the issuance of a sign permit shall be determined as follows. (Electrical permits and
required fees shall also be required for signs with electrical components.)
(1) Thirty-two (32) square feet or less of sign display area or sign face area, as appropriate:
Thirty dollars ($30.00).
(2) Larger than thirty-two (32) square feet: An additional ten dollars ($10.00) for each
square foot exceeding thirty-two (32) square feet of sign display area or sign face area,
as appropriate.
(3) Freestanding signs constructed in accordance with the provisions of section 24-171(d),
commercial corridor development standards: Freestanding signs constructed of a solid
material such as wood, masonry or high-density urethane, and externally -illuminated
in a manner that washes the sign in indirect light from a fluorescent ground source
shall be entitled to a fifty (50) percent reduction in sign permit fees.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03)
[The next page is 10551
Supp. No. 42 1013
TAXATION § 20-82
Sec. 20-77. Property insurance.
There is hereby assessed, imposed and levied on every insurance company, corporation or
other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on
the business of property insurance, as shown by the records of the insurance commissioner of
the state, an excise or business tax in addition to any business tax or excise tax now levied by
the city, which tax shall be in the amount as established by F.S. 175.101 of the gross amount
or receipts of premiums from policyholders on all premiums collected on property insurance
policies covering property within the corporate limits of the city.
(Ord. No. 45-80A, 9-8-80; Ord. No. 70-02-15, 8-12-02; Ord. No. 45-06-18, § 5, 9-25-06)
State law reference—Authority for this section, F.S. § 175.101.
Sec. 20-78. Payment date.
The business or excise taxes levied in section 20-76 or 20-77 shall be due and payable
annually on the first day of March of each year.
(Ord. No. 45-80-4, 9-8-80; Ord. No. 45-06-18, § 6, 9-25-06)
Sec. 20-79. Reserved.
ARTICLE V. ADDITIONAL HOMESTEAD EXEMPTION
Sec. 20-80. Exercise of municipal powers.
This article represents an exercise of municipal powers by the city commission, pursuant to
Section 9(12) of the Atlantic Beach Charter. This article shall apply throughout the City of
Atlantic Beach, but only to taxes levied by Atlantic Beach.
(Ord. No. 70-00-14, § 1, 6-26-00)
Sec. 20-81. Definitions.
As used in this article, the term:
Household means a person or group of persons living together in a room or group of rooms
as a housing unit, but the term does not include persons boarding in or renting a portion of the
dwelling.
Household income means the adjusted gross income, as defined in Section 62 of the United
States Internal Revenue Code, of all members of a household.
(Ord. No. 70-00-14, § 1, 6-26-00)
Sec. 20-82. Additional homestead exemption authorized.
(a) Commencing January 1, 2001, and annually thereafter, pursuant to Article VII,
§6(f), Florida Constitution, and F.S. § 196.075, an additional homestead exemption of
twenty-five thousand dollars ($25,000.00) is hereby authorized for any person who has the
Supp. No. 42 1179
§ 20-82 ATLANTIC BEACH CODE
legal or equitable title to real estate and maintains thereon the permanent residence of the
owner, who has attained the age of sixty-five (65) and whose household income does not exceed
twenty thousand dollars ($20,000.00). Low income as defined by F.S. § 196.075.
(b) Commencing January 1, 2015, and annually thereafter, pursuant to Article VII,
§6(d), Florida Constitution and F.S. § 196.075, an additional homestead exemption is
authorized equal to the assessed value of the property to any person who has the legal or
equitable title to real estate with a just value less than two hundred fifty thousand dollars
($250,000.00) and who has maintained thereon the permanent residence of the owner for not
less than twenty-five (25) years and who has attained age sixty-five (65) and whose household
income does not exceed the income limitation prescribed in F.S. § 196.075.
(Ord. No. 70-00-14, § 1, 6-26-00; Ord. No. 70-15-18, § 1, 8-10-15)
See. 20-83. Annual adjustment to household income.
The household income limitation shall be adjusted annually, on January 1, in accordance
with F.S. § 196.075.
(Ord. No. 70-00-14, § 1, 6-26-00; Ord. No. 70-15-18, § 1, 8-10-15)
Sec. 20-84. Annual filing of household income statement.
Any taxpayer claiming the additional homestead exemption must submit annually, not later
than March 1 of each year, to the Duval County Property Appraiser, a sworn statement of
household income on a form prescribed by the Florida Department of Revenue.
(Ord. No. 70-00-14, § 1, 6-26-00)
Supp. No. 42 1180
[The next page is 1221]
PROTECTION OF TREES AND NATIVE VEGETATION § 23-8
Adverse site conditions shall mean existing site conditions that unfavorably affect the
implementation of the provisions of this chapter and that hinder plant viability and growth.
Examples include, but are not limited to:
(1) Existing topographic elevation changes that would result in the likelihood that
preserved or planted materials would not survive.
(2) Existing areas of buried solid waste at a depth that would affect viability of preserved
or planted materials.
(3) Existing electrical lines or utility easements that prevent or restrict the preservation
or planting of landscape materials.
(4) Barrier island or dune ecosystem planting conditions that cannot support certain
hardwood species.
(5) Redevelopment sites where existing landscaping does not meet current standards and
where existing site conditions such as, but not limited to, impervious surfaces, access
locations, or building locations, prevent the site from meeting the current require-
ments.
(6) Sites where type or distribution of existing canopy or other protected trees are such
that preservation requirements would prohibit site development or conflict with
required development standards, such as stormwater or roadway designs.
(7) Designs and plans that do not, to the greatest extent feasible, avoid encroachment
upon preservation areas and/or trees are not considered adverse site conditions.
After -the -fact permit shall mean a permit issued after a violation has occurred for the
primary purpose of correcting the violation (if the activity would have been permittable) or for
the purpose of bringing the violator into compliance with existing regulations.
Appeal shall mean a request for the rehearing or review of a decision made pursuant to any
provision of this chapter.
Applicant shall mean the person(s) subject to or seeking a tree or vegetation removal permit
as required by the provisions of this chapter.
Approval shall mean written permission in the form of a tree or vegetation removal permit
from the administrator pursuant to a duly executed application submitted on a form as
provided by the city, authorizing the applicant to proceed with an action as proposed within the
application. Such approval may consist of limitations or conditions specific to the project.
Atlantic Beach Prohibited Species List shall consist of invasive exotic species listed by the
city in section 23-35(b). This list shall be updated on an as needed basis.
Atlantic Beach Recommended Species List shall consist of species that are best adapted to
the local ecosystem, which may provide the most desirable characteristics to the community.
Replacement credit may only be given for trees on the recommended species list in section
23-33(f)(1)f.
Supp. No. 42 1353
§ 23-8 ATLANTIC BEACH CODE
Buildable area shall mean the area of a site, parcel or lot, excluding any area which is not
eligible for the issuance of a building permit by the city, such as building setback areas,
shoreline protection buffers, coastal construction setback areas, wetlands and other similar
areas required pursuant to the applicable provisions of this chapter and the land development
regulations.
Caliper shall mean the diameter of a tree trunk measured at a point six (6) inches above the
existing grade or proposed grade for trees four (4) inches in trunk diameter and under, and
twelve (12) inches above the existing grade or proposed planted grade for trees larger than four
(4) inches in trunk diameter. Caliper measurement is used in reference to nursery stock for
new plantings.
Canopy shall mean the horizontal extension of a tree's branches in all directions from its
trunk
Certified arborist shall mean any person holding a valid and current arborist certification as
issued by the International Society of Arboriculture (ISA).
City shall mean the City of Atlantic Beach.
Clear trunk shall mean the height of a palm tree measured from the ground to the point
where the lowest green frond is attached to the trunk.
Coastal dune vegetation shall mean the naturally -occurring, salt -tolerant native species of
grasses, shrubs, vines and trees that stabilize the dunes by holding existing sand and that
serve to repair the dunes of damage inflicted by either natural phenomena or human impact
by trapping wind-blown sand.
Community forest shall mean the collection of trees in and around the City ineludina park
and street yard trees on public property, and yard trees on private property.
Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the
branches, leaves, flowers, and fruit that grow above ground.
Developed area shall mean that portion of a site upon which any building, structure,
pavement, or stormwater facility is placed.
Development or development activity shall mean any alteration of the natural environment
which requires the approval of a development or site plan and issuance of a development
permit; shall also include the "thinning" or removal of trees from an undeveloped land,
including that carried on in conjunction with a forest management program, and the removal
of trees incidental to the development of land or to the marketing of land for development and
shall also include activities defined as development with section 24-17 of this Code of
Ordinances.
Diameter at breast height (DBH) shall mean the outside bark diameter of a tree measured
at a height of fifty-four (54) inches above the naturally occurring ground level. Trees with gross
abnormalities or buttressing at the breast height should be measured above or immediately
Supp. No. 42 1354
PROTECTION OF TREES AND NATIVE VEGETATION § 23-8
adjacent to the irregularity. Trees that fork at or above breast height should be measured
below breast height and recorded as a single trunk. Trees that fork below breast height should
be recorded as separate DBH for each.
Diseased tree shall mean a tree with a sustained or progressive impairment caused by a
parasite, pest or infestation which seriously compromises the viability of the tree, in that it is
unlikely the tree will remain living and viable for a period of more than three (3) years, or the
tree causes other imminent peril to viable trees, existing structures or persons in the vicinity
of the diseased tree.
Dripline shall mean the imaginary vertical plumb line that extends downward from the tips
of the outermost tree branches and intersects with the ground.
Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be
replaced.
Excavation shall mean the act of digging, cutting or scooping soil or in any way changing the
existing grade of the land. See "Grading" also.
Excessive pruning shall mean the substantial alteration of a tree such that there is
irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape
or form of a tree.
Exotic shall mean a plant species that was introduced to Florida, either purposefully or
accidentally, from a natural geographic range outside of Florida.
Grading shall mean the placement, removal or movement of earth by use of mechanical
equipment on a property. See "Excavation" also.
Ground cover small means a plant material which reaches an average maximum height of
not more than eighteen (18) inches at maturity.
Grubbing means the effective removal of understory vegetation from a site which does not
include the removal of any trees with DBH greater than three (3) inches.
Hardwood shall mean an angiosperm, a flowering tree or a broad-leaved tree, as distin-
guished from a gymnosperm or cone -bearing tree.
Hazard or hazardous shall mean a danger or risk of bodily injury or property damage.
Indigenous shall mean a plant species naturally occurring within a specific habitat or
biogeographical region prior to significant human impacts. See "Native" also.
Invasive exotic plant shall mean an exotic plant species that has escaped cultivation,
naturalized, and established in a natural area allowing it to aggressively expand and
reproduce on its own, and subsequently, alter native plant communities by out -competing for
resources such as light, nutrients, water and space, killing native species, or otherwise
adversely affecting natural ecosystems. Invasive exotic plants are those plants recognized on
the Florida Noxious Weed and Invasive Plants List (F.A.C. 5B-57.007) or listed on the Atlantic
Beach Prohibited Species List.
Supp. No. 42 1355
§ 23-8 ATLANTIC BEACH CODE
Landscape materials shall mean living material, including trees, shrubs, vines, lawn grass,
and ground cover; landscape water features; and nonliving durable material commonly used in
landscaping, including rocks, pebbles, sand, and brick pavers, but excluding impervious
surfaces (pavement).
Legacy tree shall mean a tree that is of the most desirable species in Atlantic Beach, and is
of a size substantial enough to warrant an additional layer of protection. A permit is required
any time a legacy tree is removed in Atlantic Beach. Mitigation shall be the same rate for
legacy trees as it is for other protected trees.
Mitigation shall mean prorated payment for trees removed, either in terms of replacement
trees (newly planted or relocated), or alternatively, deposit of a cash equivalent value in the
tree conservation trust fund.
Native shall mean a plant species occurring within the city boundaries prior to European
contact according to the best available scientific and historical documentation. More specifi-
cally, it includes those species understood as indigenous, occurring in natural associations in
habitats that existed prior to significant human impacts and alterations of the landscape.
Naturalized exotic shall mean an exotic species that sustains itself outside cultivation.
Nondevelopment activity shall mean any alteration of the natural environment which does
not require development plan approval or issuance of a building permit, but which would
include the proposed removal or destruction of any trees or vegetation regulated by this
chapter.
Nuisance shall mean any tree, shrub, bush, grass or ground cover, or other woody
vegetation, on public or private property which is endangering or which in any way may
endanger the public health, safety, security or usefulness of any public street, public utility line
or sidewalk; also, any tree, shrub, bush, grass or ground cover, or other woody vegetation with
an infectious disease or insect problem.
Offsite shall mean any location outside the boundaries of the project site.
Onsite shall mean any location within the boundaries of the project site.
Person shall mean any landowner, lessee, building contractor, developer or other entity
involved in the use of real property, including agents, employees, independent contractors,
whether persons, firms, associations, corporations, partnerships, joint ventures, estates,
trusts, business trusts, syndicates, fiduciaries, governmental bodies, agencies or officials.
Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that
causes any damage, abnormal growth or mortality of any tree, shrub, bush, grass or ground
cover, or woody vegetation.
Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches in
order to increase usefulness, beauty and vigor.
Pruning standard shall mean the following: American National Standard Institute, Stan-
dard for Tree Care Operations—Tree, Shrub and Other Woody Plant Maintenance Standard
Supp. No. 42 1356
PROTECTION OF TREES AND NATIVE VEGETATION § 23-8
Practices (ANSI A300, current edition); American National Standard Institute, Safety Stan-
dards for Tree Care Operators (ANSI Z133.1, current edition); National Arborist Association
Pruning Standards for Shade Trees (current edition).
Qualified professional shall mean a person who possesses, in addition to skill, a special
registration, certification, or knowledge which is obtained by formal education and training,
and which is inherently or legally necessary to render him or her capable, competent, and
eligible to perform the particular responsibilities called for.
Regulated tree shall mean any tree as follows:
(1) Private regulated tree shall mean any tree on private property, except those species
listed on the Atlantic Beach Prohibited Species List, meeting the following conditions:
a. A DBH of six (6) inches or more on residentially zoned property that will be
removed two (2) years prior to or two (2) years subsequent to construction valued
at over ten thousand dollars ($10,000.00);
b. Trees defined as legacy trees by this chapter;
c. A DBH of ten (10) inches or more, if zoned nonresidential.
(2) Public regulated tree shall mean any tree on public property, except those species listed
on the Atlantic Beach Prohibited Species List, meeting the following conditions:
a. A DBH of six (6) inches or more.
(3) Heritage tree shall mean any tree determined by the city commission to be of unique or
intrinsic value due to its age, size, species and/or cultural, ecological or historical
significance or some other contribution to the city's character, specifically including all
Cypress, Live Oak and Magnolia trees with a DBH of thirty (30) inches or greater and
in good condition, as determined by a recognized knowledgeable person or qualified
professional; also, any tree designated as a Florida State Champion, United States
Champion, or World Champion by the American Forestry Association. Heritage trees
may be located within parks, on street yards, or other public property. On private
property, heritage trees are voluntarily nominated by the property owner. The city
administrator shall keep a record of all heritage trees so designated and their location.
Regulated vegetation shall mean vegetation located within any area designated as an
"environmentally sensitive area," as defined by the city of Atlantic Beach Comprehensive Plan
including, but not limited to, all wetlands, all beach and dune areas seaward of the coastal
construction control line, and all areas designated as conservation on the future land use map.
Shade tree shall mean any self-supporting woody plant of a species that is generally
well -shaped, well -branched, and well -foliated which normally grows to a minimum average
height of at least thirty-five (35) feet with a minimum average mature crown spread of at least
thirty (30) feet, and which is commonly accepted by local horticultural and arboricultural
professionals as a species which can be expected to survive for at least fifteen (15) years in a
healthy and vigorous growing condition over a wide range of environmental conditions.
Supp. No. 42 1357
§ 23-8 ATLANTIC BEACH CODE
Shrub shall mean a self-supporting woody perennial plant differing from a perennial herb
by its persistent and woody stems and from a tree by its low stature and habit of branching
from the base.
Site shall mean the total area within the property boundaries of a principal parcel to be
developed, or contiguous parcels intended for development under a common scheme or plan.
Stop work order, as used in this chapter, shall mean an order from the designated
administrative official to immediately halt all vegetation and tree removal, any form of site or
soil disturbance, or other activity with potential to impact trees or vegetation regulated by this
chapter.
Street shall mean a public or private thoroughfare, which affords the principal means of
access to abutting property, including but not limited to alley, avenue, drive, lane, place, road,
street, terrace, way, or other means of ingress or egress, regardless of the term used to describe
it.
Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a
trunk DBH of at least three (3) inches or more and which normally attains an overall height
of at least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. Trees
shall be classified as follows:
(1) Large: Having an average mature height of fifty (50) feet or more.
(2) Medium: Having an average mature height of at least thirty (30) feet but less than fifty
(50) feet.
(3) Small: Having an average mature height of at least fifteen (15) feet but less than thirty
(30) feet.
Thee conservation trust fund (tree fund) shall mean an account established by the city to
provide an opportunity to make equivalent value cash payment to the city in lieu of providing
the required landscape or tree stock on a site.
Tree protection plan shall mean the plan required pursuant to this chapter, identifying and
showing the location, type, size and health of existing trees, stating the ultimate disposition of
the trees, showing the type, size and location of any trees to be planted and setting forth
measures to protect trees before, during and after construction.
Tree protection zone shall mean the area located around the perimeter of the dripline of a
tree in which no activity such as clearing, filling, excavating, storage of materials, parking of
vehicles, or any other activity that in the opinion of the administrator may damage the tree.
At the discretion of the administrator, the tree protection zone may be reduced for trees located
on smaller lots in order to reasonably protect the tree and facilitate construction on the
development parcel.
Supp. No. 42 1358
PROTECTION OF TREES AND NATIVE VEGETATION § 23-10
Tree removal shall mean any act that physically removes the tree or its roots from the earth
or causes a tree to die including, but not limited to, changing the natural grade above or below
the root system or around the trunk or improper pruning where the natural form of the tree
is permanently changed and results in tree death or decline.
Tree or vegetation removal permit shall mean the written authorization issued by the city to
proceed with vegetation or tree removal in accordance with the provisions of this chapter,
which may include mitigation requirements and other terms and conditions as needed to
create consistency with this chapter. The terms permit, tree permit, vegetation removal permit
or tree removal permit may be used interchangeably as appropriate to the context.
Tree technical manual (TTM) shall mean a manual, developed and maintained by the city,
pursuant to this chapter, which contains the standards and specifications for sound arboricultural
practices, techniques and procedures to be practiced within the city.
Underbrushing shall mean the removal of understory vegetation, either by hand or with the
use of equipment, which neither disturbs the soil nor causes the destruction of any tree.
Understory vegetation shall mean assemblages of natural low-level woody, herbaceous, and
ground cover species not normally considered to be trees which exist in the area below the
canopy of the trees, including any tree that is less than three (3) inches DBH.
Vegetation shall mean any plant material including, but not limited to, trees, shrubs, vines,
herbs and grasses, including marsh grasses and any coastal dune vegetation.
Vegetation inventory shall mean a scaled drawing which delineates the location and common
and/or scientific name of vegetation upon a parcel of land, including trees greater than three
(3) inches DBH and palms with an overall height of more than eight (8) feet. If necessary, a
survey or other professionally prepared document, certified as appropriate, may be required as
part of the vegetation inventory.
Viable shall mean having the capacity to live and develop.
Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other
land development regulations contained within City Code, when it is demonstrated that
compliance with such provision(s) would be unreasonable, in conflict with the public interest,
or a practical impossibility. A waiver from the land development regulations may be approved
by the city commission upon showing of good cause, and upon evidence that an alternative to
a specific provision(s) of this chapter shall be provided, which conforms to the general intent
and spirit of the chapter.
Weed shall mean any undesired, uncultivated plant that grows in profusion so as to crowd
out a desired plant.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09; Ord. No. 95-15-109, § 1, 5-11-15)
Secs. 23-9-23-10. Reserved.
Supp. No. 42 1359
§ 2341 ATLANTIC BEACH CODE
ARTICLE III. TREE AND VEGETATION REGULATIONS*
DIVISION 1. IN GENERAL
Sec. 23-11. Scope.
The provisions of this chapter shall be administered as set forth within this chapter.
administrative procedures, authorities and responsibilities of the city commission and the
administrator are set forth herein.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
DIVISION 2. ADMINISTRATION
Sec. 23-12. City commission.
The city commission shall have the following authorities and responsibilities:
(1) To establish fees and fines related to the administrative costs of carrying out the
requirements of this chapter.
(2) To establish a tree conservation trust fund to collect and disburse monies for the
purpose of growing and maintaining the city's community forest.
(3) To amend this chapter as may be needed to accomplish the stated purpose and intent
of this chapter.
(4) To hear and decide appeals where it is alleged there is an error in any order,
requirement or decision made by the administrator in the implementation of this
chapter.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-13. Administrator.
The administrator shall have the following authorities and responsibilities:
(1) To accomplish all administrative actions required by this chapter, including issuance
of proper notices; receipt and review of applications; issuance of tree and vegetation
removal permits; receipt and processing of appeals and any stop work orders.
(2) To maintain all records relating to this chapter and its administration.
(3) To provide written instructions to applicants related to the required process for
applications as required by this chapter.
(4) To receive, process and make administrative determinations on all applications for tree
and vegetation removal permits as set forth in section 23-23.
*Editor's note—Section 2(Exh. A) of Ord. No. 95-10-101, adopted Feb. 22, 2010, amended
art. III in its entirety to read as herein set out. Former art. III, §§ 23-11-23-16, 23-21-23-26,
23-30-23-37, 23-40, 23-41, and 23-46-23-51 pertained to similar subject matter, and derived
from Ord. No. 95-09-98(Exh. A), adopted Jan. 12, 2009.
Supp. No. 42 1360
PROTECTION OF TREES AND NATIVE VEGETATION § 23-14
(5) To refer applications for tree and vegetation removal to other departments and
agencies for comment, as set forth in section 23-23, as may be needed.
(6) To conduct field inspections as needed to make determinations related to tree and
vegetation protection or removal.
(7) To review preliminary development plans, applications for certain building permits,
including site and lot plans with appropriate city staff, to determine whether proposed
construction, alterations, repair or enlargement of a structure is in compliance with
the provisions of this chapter.
(8) To recommend to the city commission projects consistent with the purpose and intent
of this chapter, with a written statement outlining the costs and benefits of such
proj ects.
(9) To recommend to the city commission amendments consistent with the implementa-
tion of the purpose and intent of this chapter, with a written statement outlining the
need for such changes.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-14. Tree conservation trust fund.
(a) Establishment of trust fund. The city commission hereby recognizes and reaffirms the
prior establishment of the tree conservation trust fund ("tree fund") for the purposes of
accepting and disbursing monies paid to the city as part of tree mitigation and any other funds
deposited with the city for the purpose of tree and vegetation conservation and protection. This
fund shall be used solely for the planting of trees, the protection and conservation of existing
trees where appropriate, or the re-establishment of vegetative resources in the city and any
other ancillary costs associated with such activities, provided that such ancillary costs shall
not exceed twenty (20) percent of the cost of the particular project.
(b) Terms of existence. The tree fund shall be self-perpetuating from year to year unless
specifically terminated by the city commission.
(c) Tree fund assets. All funds received shall be placed in trust for and inure to the public
use and environmental benefit of the city. Said funds shall be used and distributed as
designated by the city commission.
(d) Tree fund administration.
(1) Trust funds shall be used only for the purposes designated by the city in accordance
with the intent of this chapter and the applicable goals, objectives and policies as set
forth within the comprehensive plan.
(2) All mitigation funds collected pursuant to this chapter shall be deposited in the tree
fund, which shall be a separate account established and maintained apart from the
general revenue fund of the city.
Supp. No. 42 1361
§ 23-14 ATLANTIC BEACH CODE
(e) Disbursal of tree conservation trust fund assets.
(1) Expenditures for projects funded by the tree conservation trust fund shall be made in
accordance with the established purchasing procedures of the city.
(2) Priority shall be given to the use of funds for projects that plant or replace trees or
vegetation along public rights-of-way or on properties and lands in public use that will
provide needed shade, aesthetic enhancement or the re-establishment of tree canopy in
neighborhoods and along public roadways.
Secondarily, funds may be used for purchase of landscape materials or equipment
necessary and proper for the preservation, maintenance, relocation or restoration of
trees and ecosystems 011 any public land in the city, or for the funding of community
educational programs which promote, enhance or implement the goals and objectives
established in this chapter.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 23-15-23-20. Reserved.
DIVISION 3. PERMITS
Sec. 23-21. Permits required by this chapter.
Unless specifically exempted within following section 23-22, permits are required for
removal of trees on all lands within the City of Atlantic Beach, which shall include the
following:
(1) New development on any previously undeveloped lands, or redevelopment on any
vacant land where structures may have been fully or partially cleared.
(2) Major development on all existing developed sites having any structure or vehicle use
areas where additions, renovations, upgrades or site changes are intended or antici-
pated within a two-year period of time when any such activity is valued at ten
thousand dollars ($10,000.00) or more. Where value is in question, determination shall
be made by the building official.
(3) Clearing, excavation, grading, grubbing or trenching of previously undeveloped land,
regardless of whether any future development is intended or anticipated; it being the
intent of the city that no parcel, site or lands be indiscriminately or unnecessarily
cleared of regulated trees and regulated vegetation unless mitigation or replacement
as required by this chapter is provided.
(4) Removal of any tree on the Atlantic Beach Legacy Tree List.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-22. Exemptions from the requirement for a permit.
The following activities shall be exempt from the requirements to apply for and receive a
tree or vegetation removal permit, except that none of these exemptions shall be construed to
Supp. No. 42 1362
PROTECTION OF TREES AND NATIVE VEGETATION § 23-22
apply to any coastal dune vegetation seaward of the coastal construction control line or to
heritage trees. Such vegetation and trees shall be fully subject to the provisions of this chapter
and any state permitting requirements applying to the coastal zone. All other development
activity as described in preceding section 23-21 involving the removal of regulated trees and
regulated vegetation shall require issuance of a tree removal permit.
The person(s) claiming any exemption shall have the burden of proving entitlement to such
exemption. The administrator may require consultation with or documentation from a
certified arborist or other qualified professional to verify certain conditions.
(1) No development activity or minor development activity on previously developed sites.
Minor development activity involves any new construction, exterior additions, reno-
vations or upgrades that are valued at less than ten thousand dollars ($10,000.00.) For
the purpose of determining whether this exemption does or does not apply, the
administrator shall consider the cumulative valuation of all permits issued two (2)
years prior and two (2) years subsequent to the tree removal. If such permits
collectively exceed the stated threshold, an after -the -fact permit and mitigation shall
be required.
(2) Emergency situation. The removal of trees destroyed or severely damaged during or
immediately following an emergency (i.e., hurricane, tropical storm, tornado, flood or
any other act of nature) shall be granted an exemption when the administrator
determines that permitting requirements will hamper private or public work to restore
order to the city.
(3) Safety hazard. The removal of trees that pose imminent danger to the public health,
safety and general welfare shall be granted an exemption upon inspection and
determination by the administrator that immediate removal without delay is required.
(4) Diseased or pest -infested trees. The removal of diseased or pest -infested trees shall be
granted an exemption upon inspection and determination by the administrator that
removal is needed for the purpose of preventing the spread of disease or pests.
(5) Noxious invasive trees. The removal of invasive or nuisance trees, as currently listed by
the Florida Department of Agriculture and Consumer Services (FDACS), Florida
Department of Environmental Protection (FDEP), the Florida Exotic Pest Plant
Council (FEPPC), the Atlantic Beach Prohibited Species List, or some other recognized
authority, shall be granted an exemption upon inspection and verification by the
administrator.
(6) Utility operations. The pruning and/or removal of trees or understory vegetation by
duly authorized communication, water, sewer, electrical or other utility companies or
federal, state, county or city agencies, or engineers or surveyors working under a
contract with such utility companies or agencies, shall be exempt, provided the
removal is limited to those areas necessary for the maintenance of existing lines or
facilities or for the construction of new lines or facilities in furtherance of providing
utility service to its customers, and provided further that the activity is conducted so
Supp. No. 42 1363
§ 23-22 ATLANTIC BEACH CODE
as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not
greater than that specified by the National Electrical Safety Codes as necessary to
achieve safe electrical clearances. Notwithstanding this exemption, any such entity
shall provide adequate prior notice to the city before commencing such work.
(7) Surveyors I engineers. The pruning of trees and/or removal or understory vegetation by
a Florida -licensed land surveyor or engineer in order to provide physical access or view
necessary to conduct a survey or site examination for the performance of professional
duties related to land surveying, soil percolation and/or soil bore tests shall be exempt
provided that such alteration is limited to a swath of ten (10) feet or less in width.
However, land clearing for surveys shall not authorize the removal of regulated trees
or regulated vegetation.
(8) City crews. The city shall have the right to plant, prune, maintain and remove trees,
plants and shrubs within public rights-of-way, within any utility or drainage ease-
ments or within the illumination areas of street lights, and other public lands as may
be necessary, and shall not be subject to mitigation assessment. The city shall not have
the responsibility to maintain, prune or remove any damaged, dead or diseased trees
on any private property within the city.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-23. Permits procedures.
(a) Application required. The applicant for a tree removal permit shall submit the
established fee along with the application form as created and provided by the city to the
designated administrative department. The application shall contain all required narrative
and graphical information necessary to determine compliance with this chapter. If the
applicant is not the property owner, proper owner's authorization shall also he required,
(1) Existing lots or parcels. When a tree or vegetation removal permit is required,
applications for tree or vegetation removal shall be made prior to removal and prior to
any site disturbance or grading on a lot or parcel.
(2) New or re -platted subdivisions. Applications for tree or vegetation removal that will be
part of a new subdivision plat or a re -plat shall be submitted along with the
preliminary subdivision plat application so that due consideration may be given to the
protection of regulated trees and regulated vegetation during the site planning and
subdivision process. Trees to be protected shall be noted on the final subdivision plat,
and subsequent applications for individual lots or parcels shall be consistent with the
approved final subdivision plat, or application for a new tree removal permit shall be
required.
(3) After -the -fact permits. Any person(s) engaging in the removal of regulated tree(s) or
regulated vegetation prior to obtaining a permit will be required to apply for and
obtain an after -the -fact permit, and meet mitigation requirements as assessed.
Supp. No. 42 1364
PROTECTION OF TREES AND NATIVE VEGETATION § 23-30
(b) Stay of work. Such appeal to the city commission shall stay all work on the premises and
all proceedings in furtherance of the action appealed, unless the appropriate designated
administrative official shall certify to the city commission that a stay would cause imminent
peril to life or property.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-26. Fees.
(a) Application fees. The city commission hereby establishes the following fees related to the
administrative costs of carrying out the requirements of this chapter. These fees shall be
payable to the city at any time an application is submitted for approval, amendment, or
extension of a permit required by this chapter, or when a final action or decision by the
administrator is appealed. Applications for tree and vegetation removal related requests shall
not be considered as complete applications until such time as required fees have been paid in
full.
(1) Tree and vegetation removal permit application. The tree and vegetation removal
permit application fee shall cover the processing and review of the application as well
as one (1) initial inspection, one (1) protective barricade inspection, one (1) final
inspection and one (1) maintenance inspection per year. Any additional inspections
required due to inadequate site preparation or reports of violation of the provisions of
this chapter will be charged a reinspection fee as provided below:
a. Single- or two-family residential uses (per lot) $ 125.00
b. Single removal of legacy tree 25.00
c. Multifamily residential uses 250.00
d. Commercial or industrial uses 250.00
e. Institutional and any other uses 250.00
(2) Minor amendments 50.00
(3) Extensions 50.00
(4) Appeals 125.00
(b) Reinspection fees. 50.00
(c) Research or extensive time fees (per hour) 50.00
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Secs. 23-27-23-29. Reserved.
DIVISION 4. GENERAL PROVISIONS
Sec. 23-30. Minimum tree requirements.
These minimum tree requirements shall apply to all property within the city that is subject
to the provisions of this chapter. Credit will be given for trees on the Atlantic Beach
Supp. No. 42 1369
§ 23-30 ATLANTIC BEACH CODE
Recommended Species List, but none will be given for trees on the Atlantic Beach Prohibited
Species List. Section 24-177 of this Municipal Code also provides additional landscaping
requirements for nonresidential uses.
(1) Residential uses. For each parcel upon which a single-family, two-family or multifamily
dwelling unit, or associated residential accessory unit is proposed, or where the
primary activity is residential in nature:
One (1) four -inch caliper tree shall be planted and/or preserved for every two thousand
five hundred (2,500) square feet of development parcel area or portion thereof,
excluding therefrom preserve areas and water bodies. Of the minimum required trees,
one (1) tree shall be provided or preserved within the required front yard.
(2) Commercial uses. For each parcel upon which a commercial structure or associated
accessory use is proposed, or where the primary activity is commercial in nature:
One (1) four -inch caliper tree shall be planted and/or preserved for every eight
thousand (8,000) square feet of parcel area or portion thereof, excluding therefrom
preserve areas and water bodies.
(3) Industrial uses. For each parcel upon which an industrial structure or associated
accessory use is proposed, or where the primary activity is industrial in nature:
One (1) four -inch caliper tree shall be planted and/or preserved for every ten thousand
(10,000) square feet of parcel area or portion thereof, excluding therefrom preserve
areas and water bodies.
(4) Public/semi public (governmental or institutional) uses. For each parcel upon which a
government structure or associated accessory use is proposed, or where the primary
activity is public/semi-public in nature:
One (1) four -inch caliper tree shall be planted and/or preserved for every ten thousand
(10,000) square feet of parcel area or portion thereof, excluding therefrom preserve
areas and water bodies.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-31. General prohibitions.
(a) Excessive or improper pruning. It shall be unlawful to engage in excessive or improper
pruning techniques 011 trees intended for shade purposes where such trees are required
pursuant to an approved tree protection plan. Trees intended for shade purposes shall be
allowed to reach their mature canopy spread. This limitation shall not be construed to prohibit
the trimming or pruning of trees that create a clear risk of danger to persons or property
during flood, high wind or hurricane events.
(b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree
which is within the city's rights-of-way or upon any other city property without the permission
of the city as evidenced by the appropriate permit.
Supp. No. 42 1370
PROTECTION OF TREES AND NATIVE VEGETATION § 23-33
TABLE 1. STANDARD MITIGATION ASSESSMENT
CLASSIFICATION OF PROPERTY
CLASSIFICATION OF REGULATED TREE
Protected
Heritage
Private parcels
1:2
1:1
Public parcels
1:1
2:1
Public rights-of-way, easements, etc.
1:1
3:1
Environmentally sensitive areas
2:1
3:1
Historic corridor
2:1
3:1
(c) General conditions. Mitigation shall be in the form of preservation of existing trees,
relocation of existing trees that would otherwise be removed, or replacement with new trees,
and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other
final approval, whichever time is shorter, unless a greater period is provided for good cause by
the permit. The applicant assumes all duties and costs associated with mitigation.
(d) Tree preservation. Existing onsite trees that are three (3) inches DBH or greater and
which are neither protected nor transplanted may be utilized as credit towards the assessed
mitigation, subject to the other conditions stated in this section, if preserved onsite.
(e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater and that
would otherwise be removed from the site because of development may be utilized as credit
towards the assessed mitigation, subject to the other conditions stated in this section, if
relocated onsite.
(f) Thee replacement.
(1) Replacement size. New replacement trees shall be the same quality of "Florida Number
One", as defined in the most current edition of the Grades and Standards for Nursery
Plants, published by the Florida Department of Agriculture and Consumer Services,
Division of Plant Industry.
a. Oaks shall have a minimum four -inch caliper and twelve -foot height at time of
installation.
b. All other new replacement trees shall have a minimum two-inch caliper and
ten -foot height at time of installation.
c. Palms shall have a minimum clear trunk height of eight (8) feet at time of
installation.
d. New replacement shade trees shall be of a species typically yielding an average
mature crown spread of no less than thirty (30) feet in Northeast Florida and
shall be chosen from the Atlantic Beach Recommended Species List, maintained
and published by the city. Upon approval of the administrator, alternate species
not appearing on the recommended list may be utilized, but in no case shall trees
from the Atlantic Beach Prohibited Species List, also maintained and published
by the city, be utilized for mitigation credit.
Supp. No. 42 1373
§ 23-33 ATLANTIC BEACH CODE
e. In the event that a property cannot reasonably accommodate required mitigation
on site, the property owner can get replacement credit for planting trees on an
immediately adjacent neighbor's property. This shall only be done as an alterna-
tive to payment into the tree fund when it can be proven that a site cannot fit
required replacement plantings. A signed letter from the neighbor shall be
attached with the tree permit application.
f. Atlantic Beach Recommended Species List. Replacement trees shall [be] selected
from the following list. This list was created based on hardiness, disease and pest
resistance, availability, and size variance. No mitigation credit will be approved
for trees that are not on this list, unless approved by the administrator.
CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST
SHADE TREES
Common Name
Ash, Green
Ash, Water
Bay, Loblolly
Cedar, Southern Red
Cypress, Bald
Cypress, Pond
Elm, American
Elm, Florida
Elm, Lacebark
Hickory, Mockernut
Hickory, Pecan
Hickory, Pignut
Hickory, Water
Loquat, Japanese Plum
Magnolia, Southern
Magnolia, Sweetbay
Maple, Florida
Maple, Red
Oak, Live
Oak, Shumard Red
Oak, Swamp Chesnut
Pine, Loblolly
Pine, Long -leaf
Pine, Slash
Sugarberry
Supp. No. 42 1374
Botanical Name
Fraxinus pennsylvanica
Fraxinus caroliniana
Gordonia lasianthus
Juniperus silicicola
Taxodium distichum
Taxodium ascendens
Ulmus americana
Ulmus american floridana
Ulmus parvifolia
Carya Tomentosa
Carya illinoensis
Carya glabra
Carya aquatica
Eriobotrya japonica
Magnolia grandiflora
Magnolia virginiana
Acer barbatum
Acer rubrum
Quercus virginiana
Quercus shumardii
Quercus michauxii
Pinus taeda
Pinus palustris
Pinus elliottii
Celtis laevigata
PROTECTION OF TREES AND NATIVE VEGETATION
Sweetgum
Sycamore
Tupelo
PALM TREES
Common Name
Palm, Cabbage
Palm, Canary Island Date
Palm, Pindo
Palm, Sylvester Date Palm
Palm, Washington
Liquidambar styraciflua
Platanus occidentalis
Nyssa sylvatica
Botanical Name
Sabal palmetto
Phoenix canariensis
Butia capitata
Phoenix sylvestris
Washingtonia robusta
UNDERSTORY OR ORNAMENTAL TREES
Common Name
Cedar, Red
Crape Myrtle
Elm, Winged
Holly, American
Holly, Dahoon
Holly, East Palatka
Holly, Yaupon
Oak, Myrtle
Oak, Sand Live
Oleander
Podocarpus, Yew
Privet, Glossy
Privet, Japanese
Redbud
Wax Myrtle
Botanical Name
Juniperus virginiana
Lagerstroemia indica
Ulmus alata
Ilex opaca
Ilex cassine
Ilex attenuata
Ilex vomitoria
Quercus myrtifolia
Quercus geminata
Nerium oleander
Podocarpus macrophyllus
Ligustrum lucidum
Ligustrum japonicum
Cercis canadensis
Myrica cerifera
§ 23-33
(2) Selection criteria.
a. New oaks shall be used to replace removed oaks. Replacement credit for oaks
shall be limited to the species listed on the Atlantic Beach Recommended Species
List. Upon approval of the administrator, hardwood species yielding similar
canopy may be used to mitigate removed oaks.
b. New palms may be used as replacement trees when replacing species other than
palms. Replacement credit for palms shall be limited to forty (40) inches or fifty
(50) percent of required mitigation, whichever is lesser. Replacement credit for
palms shall be limited to the species listed on the Atlantic Beach Recommended
Species List. Upon approval of the administrator, a cluster of three (3) palms,
subject to the other conditions of this section, may be used to meet the
requirements of a single shade tree.
Supp. No. 42 1375
§ 23-33 ATLANTIC BEACH CODE
(3)
c. When a legacy tree is removed, replacement credit shall only be given for the
planting of a species that is on the legacy tree list. This shall not be limited to the
exact same species, nor shall the new tree have to meet the size requirements of
an established legacy tree. When a legacy tree is removed, at least twenty-five
(25) percent of mitigation shall be provided on site in the form of replacement.
Incentive credit shall be granted for the use of legacy trees when replacing
protected trees that are not on the legacy tree lost. The incentive credit is equal
to two (2) times the normal replacement credit. The following species are legacy
trees:
1. Bald Cypress (Taxodium distichum) twenty (20) inches in diameter or
greater.
2. Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern
Red Cedar) twenty (20) inches in diameter or greater.
3. Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm),
twenty (20) inches in diameter or greater.
4. Oak (Quercus virginiana) (Live Oak) twenty (20) inches in diameter or
greater and (Quercus geminata) (Sand Live Oak) eight (8) inches in
diameter or greater.
5. Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra
(Pignut Hickory) twenty (20) inches in dimater or greater.
6. Loblolly bay (Gordania lasianthus) twenty (20) inches in diameter or
greater.
7. Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana
(Sweetbay Magnolia) twenty (20) inches in dimater or greater.
8. Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple) twenty
(20) inches in diameter or greater.
9. Tupelo (Nyssa sylvatica) twenty (20) inches in diameter or greater.
Placement criteria.
a. Avoidance of underground utilities. No trees except those with a normal mature
height of less than thirty (30) feet may be planted within five (5) linear feet of the
centerline of any utility easement.
b. Avoidance of aboveground utilities and public facilities. No trees may be planted
closer to any curbs, curb lines, sidewalks or aboveground utilities than the
following, except for plans demonstrating no conflict with existing aboveground
utilities or public facilities, and approved by the administrator:
1. Small trees or palms with normal mature height of fifteen (15) to thirty (30)
feet shall have a minimum setback of three (3) feet.
2. Medium trees or palms with normal mature height of thirty (30) to fifty (50)
feet shall have a minimum setback of six (6) feet.
Supp. No. 42 1376
PROTECTION OF TREES AND NATIVE VEGETATION § 23-34
3. Large trees with normal mature height of fifty (50) feet or more shall have
a minimum setback of ten (10) feet.
c. Spacing. The following spacing requirements shall serve as general guidelines for
the optimal growth and viability of trees, though trees may be planted closer
together upon approval of the administrator:
1. Small trees or palms with normal mature height of fifteen (15) to thirty (30)
feet shall be spaced at least ten (10) feet.
2. Medium trees or palms with normal mature height of thirty (30) to fifty (50)
feet shall be spaced at least twenty (20) feet.
3. Large trees with normal mature height of fifty (50) feet or more shall be
spaced at least thirty (30) feet.
4. Spacing of two (2) or more trees of differing sizes shall be based upon the
spacing requirements of the largest tree.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-34. Maintenance and monitoring requirements.
The applicant shall be responsible for maintaining the health of any replacement or
relocation trees for three (3) years from planting.
(1) Determination of success. The applicant shall determine the condition of each tree,
three (3) years after the tree was relocated or planted. This determination shall be
submitted to the city for approval within thirty (30) days of being made.
Should any tree die or be in a state of decline within three (3) years of being planted
or relocated, the applicant shall be required to replace the tree within sixty (60) days
of that determination. The three-year monitoring and approval period shall begin
anew whenever a tree is replaced. If that replacement tree is found not to be viable at
the end of the second monitoring period, the applicant may pay the appropriate
amount into the tree fund in lieu of planting a third replacement tree. If the applicant
fails to replace the tree or to pay the appropriate amount into the tree fund within sixty
(60) days, the applicant shall be in violation of this chapter.
(2) Large-scale projects. If a permit includes the relocation of ten (10) or more trees, or the
planting of one hundred (100) or more replacement trees, the determination of success
for the overall mitigation effort shall be based upon a percent survival rate. A
successful project shall be one (1) in which ninety (90) percent or more of the newly
planted or relocated trees are determined to be viable after a period of three (3) years.
If a large-scale project is determined to be successful on this basis, additional
replacement trees will not be required.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Supp. No. 42 1376.1
§ 23-35 ATLANTIC BEACH CODE
Sec. 23-35. Elimination of undesirable species.
(a) The natural vegetative communities existing within the city shall be protected by the
control and elimination of non-native invasive species. To that end, the following guidelines
shall apply:
(1) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted
for mitigation credit.
(2) Removal of nonnative invasive species from nonresidential properties (excluding
jurisdictional wetlands), shall be completed, whenever practicable, as a requirement
for approval of any development permit issued by the city or the issuance of a
certificate of occupancy if applicable.
(3) Procedures for the control and elimination of non-native invasive species shall in no
way promote the proliferation of the species through the dispersal of seed or other
means.
(4) Procedures for the control and elimination of non-native invasive species shall in no
way harm or cause the decline of desirable species that are to be preserved, planted or
relocated.
(b) Atlantic Beach Prohibited Species List. The following species or sub -species of trees are
not protected trees under this chapter, and are exempt from mitigation. The trees on this list
shall not be accepted for replacement or relocation credit.
Australian pine casuarina cunninghamiana
Australian pine thicket casuarina glauca
Bischofia bischofia javanica
Brazilian pepper schinus terebinthifolius
Camphor tree cinnamomum camphora
Carolina laurelcherry prunus caroliniana
Carrotwood cupaniopsis anacardioides
Castor bean ricinus communis
Catclaw mimosa mimosa pigra
Chinaberry tree melia azedarach
Chinese tallow sapium sebiferum
Chinese wisteria wisteria sinensis
Climbing cassia senna pendula
Earleaf acacia acacia auriculiformis
Golden Raintree koelreuteria paniculata
Guava psidium guayava
Jambolan syzygium cimini
Laurel fig ficus microcarpa
Lead tree leucanea leucocephala
Melaleuca tree melaleuca quinquenervia
Supp. No. 42 1376.2
PROTECTION OF TREES AND NATIVE VEGETATION § 23-37
Mimosa tree albizia julibrissin
Orchid tree bauhinia variegata
Schell] era schefflera actinophylla
Seaside mahoe thespesia populnea
Shoebutton ardesia ardisia elliptica
Strawberry guava psidium cattleianum
Woman's tongue albizia lebbeck
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-36. Elimination of contagious diseased and pest -infested trees.
The natural and cultivated vegetative communities existing within the city shall be
protected by the control and elimination of trees afflicted with rapid -spreading contagious
diseases and pests. Upon identification and/or confirmation of such infection or infestation by
a certified arborist or other qualified professional, the city shall give notice to the property
owner to remove the afflicted tree. Such tree removal shall be exempt from the permit
application requirements, as set forth in section 23-22. Further, mitigation shall not be
required, provided however, the subject property is in compliance with minimum tree
requirements, as set forth in section 23-30.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-37. Payment in lieu of replacement/relocation.
It is the intent of this chapter that all reasonable methods be used to replace or relocate
trees onsite. Payment to the tree fund in lieu of replacement or relocation shall not be
construed as a routine mitigation option. Rather, it shall be reserved for cases where the ability
to replace or relocate trees onsite is restricted by circumstances related to federal, state or local
regulations and requirements including but not limited to conflicts with rights-of-way,
utilities, stormwater facilities, septic fields and environmentally sensitive areas. The value to
be paid into the tree fund shall be established and adopted by resolution of the city
commission, and payments to the tree fund may be approved in accordance with the following
provisions:
(1) For single- and two-family residential uses. If an applicant, at the time of application,
demonstrates a successful plan to accomplish at least fifty (50) percent of the required
mitigation onsite, the administrator shall approve the application and issue a permit
in accordance with section 23-23. The remaining balance of the required mitigation
shall be payable to the tree fund within seven (7) days of such determination.
(2) For commercial, industrial and all other uses. Applications for tree or vegetation
removal permits for all uses and development, other than single- and two-family
residential uses, shall replace or relocate required mitigation onsite, except in cases
where the administrator finds, based upon the above stated conditions, that onsite
mitigation is not possible. Upon approval of a mitigation plan by the administrator, a
Supp. No. 42 1376.3
§ 23-37 ATLANTIC BEACH CODE
permit shall be issued by the administrator, and the remaining balance of the required
mitigation shall be payable to the tree fund within seven (7) days of such determina-
tion.
(3) Where payment in lieu of replacement or relocation is approved, as set forth in
preceding subsections (1) or (2), the applicant shall pay the equivalent value of the
portion not planted or relocated, to the city's tree fund. The approved mitigation
payment shall be payable to the tree conservation trust fund within seven (7) calendar
days of the approved mitigation order. Mitigation payments not received within the
prescribed time period shall result in the filing of a lien on the subject property.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Supp. No. 42 1376.4
LAND DEVELOPMENT REGULATIONS § 24-82
(7) Front or side entrance garage (if attached).
(i) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other
accessory building or vehicle shall be used as a residence, temporarily or permanently, nor
shall any such residence of temporary character be permitted in any zoning district.
(j) Minimum floor area for residential dwelling units.
(1) One (1) story: One thousand (1,000) square feet of enclosed living area.
(2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground
floor and not less than a total of one thousand (1,000) square feet of enclosed living
area.
(3) Two-family dwelling (duplex): Each unit shall have nine hundred (900) square feet of
enclosed living area.
(4) Apartment dwelling unit:
a. Efficiency with bedroom area combined with other living areas, four hundred
eighty (480) square feet of enclosed living area.
b. One (1) bedroom with individual bedroom area permanently partitioned from
other living areas, five hundred seventy-five (575) square feet of enclosed living
area.
c. Two (2) bedrooms with each individual bedroom area permanently partitioned
from the living areas, seven hundred (700) square feet of enclosed living area.
d. Three (3) bedrooms with each individual bedroom area permanently partitioned
from other living areas, eight hundred forty (840) square feet of enclosed living
area.
e. Four (4) bedrooms with each individual bedroom area permanently partitioned
from other living areas, nine hundred ninety (990) square feet of enclosed living
area.
f. Over four (4) bedrooms, add one hundred fifty (150) square feet of enclosed living
per additional room.
(k) Flood protection. All lots and building sites shall be developed such that habitable space
is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean
sea level. Flood protection provisions shall be approved by the designated administrative
official to ensure that grade changes will not alter the natural drainage or adversely affect
other areas downstream through added runoff or adverse impacts to water quality.
(1) Short-term rentals prohibited. Private homes including, but not limited to, single-family
homes, town -homes, duplexes, multi -family dwellings including condominiums and the like,
shall not be rented or leased for a term or period of less than ninety (90) days. No person(s)
shall offer or advertise a private home for rent or lease for a term or period of less than ninety
(90) days.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Supp. No. 42 1449
§ 24-83 ATLANTIC BEACH CODE
Sec. 24-83. Required yards and permitted projections into required yards.
(a) Required yards. Unless otherwise specified in this chapter, every part of a required yard
shall be open and unobstructed from the established grade to the sky, except for structures
that do not exceed thirty (30) inches in height.
(b) Structural projections. Architectural features such as eaves and cornices, and cantile-
vered bay windows, open balconies and porches may project a distance not to exceed forty-eight
(48) inches into required front and rear yards. Such balconies and porches may be covered, but
shall not be enclosed in any manner, except that balconies and porches within rear yards may
be enclosed with screening only. Eaves and cornices, cantilevered bay windows, chimneys, and
architectural elements intended to create design relief along the side wall plane may project
into required side yards, but not beyond twenty-four (24) inches.
(c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps,
compressors, or similar equipment that makes excessive noise, shall not be located closer than
five (5) feet from any lot line where such equipment will be located adjacent to the interior
living area of an existing residence. This setback requirement shall not apply where such
equipment is to be located adjacent to a neighboring garage, storage or utility area or other
similar equipment. It is the intent of this provision to require placement of such equipment in
a location that does not unreasonably disturb neighbors. This requirement shall not apply to
such equipment lawfully installed prior to the effective date of these land development
regulations.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-84. Double frontage lots.
(a) Double frontage lots. On double frontage lots, the required front yard shall be provided
on each street, except for lots as set forth below and as set forth in section 24-88.
(b) Special treatment of ocean -front lots. For lots having frontage on the Atlantic Ocean, the
front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall
be measured from the lot line parallel to or nearest the ocean.
(c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots
extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the
yard, which faces Ocean Boulevard.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-14-222, § 1, 4-14-14; Ord. No. 90-15-223,
§ 1, 1-26-15)
Sec. 24-85. Nonconforming lots, uses and structures.
(a) Intent. Within the established zoning districts, there exist lots, structures and uses of
land that were lawful prior to the adoption or amendment of these land development
regulations. Such lots, uses and structures would be prohibited, restricted or regulated
through the provisions of this chapter or the adopted comprehensive plan. It is the intent of
Supp. No. 42 1450
LAND DEVELOPMENT REGULATIONS § 24-85
this section to recognize the legal rights entitled to property owners of existing nonconforming
lots, uses and structures, and to permit such nonconformities to continue in accordance with
Supp. No. 42 1450.1
CODE COMPARATIVE TABLE
Ordinance Adoption
Number Date
Section
Section
this Code
2 2-274
58-14-39 8-11-14 1 2-307(a), (c)
2 2-310.4
95-14-108 8-11-14 1 Added 9-1-9-7
Rpld 9-16-9-25
Added 9-17-9-24
5-14-61 9- 8-14 1 2-16
60-14-19 11-24-14 1 17-51(5)
90-15-223 1-26-15 1 Added 24-84(c)
95-15-109 5-11-15 1 23-8
23-21
23-22(1), (5)
23-33(b), (f)(1)
Added 23-33(f)(1)e., f.,
(2)
23-35
5-15-62 5-11-15 2 14-17
60-15-20 6- 8-15 1 Rpld 17-51(c)
70-15-18 8-10-15 1 20-82, 20-83
[The next page is 2043]
Supp. No. 42 2009
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 Ch. 162 Ch. 2, Art. V,
13-201 Ch. 9(note) 2-146
23.011 Ch. 14(note) Div. 2(note)
Ch. 50 2-147 7-27
24-51 20-54
50.041 2-147 Ch. 162, Pt. 1 2-146
50.051 2-147 2-147
57.105 9-7 19-8
60.05 2-168 162.01ff. 13-169
2-169 162.02 2-146
Ch. 12(note) 162.05 2-141
62-340.300 24-271 2-142
92.50 2-307 162.05(4) 2-145
Ch. 98 Char., § 38 162.06 2-147
98.045(3) Char., § 53 162.07 2-143
98.211 Char., § 53 2-144
100.361 Char., § 56 2-147
Ch. 101 Char., § 42 162.08 2-148
Char., § 43 162.09 2-149
Ch. 102 Char., § 43 162.10 2-150
Ch. 112, Pt. III Char., § 66 162.11 2-151
112.061 Ch. 2, Art. VII, 162.22 19-8
Div. 3(note) Ch. 163 Char., § 59
112.311 Ch. 2, Art. II 14-1(a)
(note) 21-302(15)
112.3143 2-263 24-17
2-302 24-47(e)
Ch. 119 Char., § 65 163.3161 Ch. 14(note)
Ch. 2(note) 163.3161 et seq. Ch. 24(note)
Ch. 121 2-310.7 163.3164 24-17
125.68 16-32 163.3174 14-22
125.69 13-14 163.3178 6-27
Ch. 161 Ch. 5(note) 163.3184 24-5
24-17 24-51
161.021 24-17 163.3194(1) 24-5
161.041 6-20(b)(3) 163.3194(1)(b) 24-17
161.053 6-20(b)(3) Ch. 166 Charter(note)
6-21(e), (r) Char., § 4
8-52 Char., § 57
161.54 8-54 Char., § 59
161.141 8-29 21-302(9)
Supp. No. 42 2053
ATLANTIC BEACH CODE
F.S. Section F.S. Section
Section this Code Section this Code
Ch. 166, Pt. II Char., § 45 205.053 20-54
Char., § 60 205.053(1) 20-53
166.031 Char., § 79 205.063 20-58
166.041 Char., § 18 205.196 20-59
24-51 Ch. 218 Ch. 2, Art. VII
166.101 Ch. 2, Art. VII (note)
(note) 218.33 2-311
166.201 Ch. 2, Art. VII Ch. 252 2-403
(note) Ch. 253 24-17
Ch. 20(note) 253.12 Ch. 5(note)
166.231 Ch. 20, Art. II Ch. 280 2-264
(note) 2-303
166.241 2-311 280.02 2-264
166.0415 19-8 2-303
166.0425 Ch. 17(note) 286.011 Char., § 14
166.0445 24-17 Ch. 2(note)
Ch. 170 Ch. 19(note) 309.01 Ch. 5(note)
175.101 20-77 Ch. 316 Ch. 21(note)
Ch. 177 24-17 21-1
24-204(b) 316.008 Ch. 21(note)
Ch. 177, Pt. I 24-188(a)
24-204(a) 316.008(1)(a) Ch. 21, Art. II
177.26 24-271 (note)
177.27(15) 6-21(j) 316.195 Ch. 21, Art. II
177.041 24-204(b) (note)
177.051 24-204(b) 21-16
177.061 24-204(b) 316.1945 Ch. 21(note)
177.091 24-203(a) 21-17
24-204(b) 316.2045 19-1
24-2b8(b), (e) 320.01 8-52
177.101 24-192 320.823 6-23
Ch. 180 Ch. 19(note) 320.8249 8-63
Ch. 185 2-303 Ch. 327 Ch. 5(note)
2-310.6 327.02.222.17 24-174(e)(3)
2-310.8 335.075 Ch. 19(note)
185.06 2-303 337.402 19-8
185.08 2-310.6 337.403 19-8
20-76 337.403(2) 19-8
185.221 2-310.2 337.403(4) 19-8
Ch. 192 Ch. 20(note) 337.403 19-8
193.116 Char., § 58 337.404 19-8
196.075 20-82 366.02 8-24.1
20-83 Ch. 367 Ch. 22(note)
Ch. 205 Char., § 58 Ch. 369 Ch. 5(note)
Ch. 20, Art. III Ch. 372 Ch. 4(note)
(note) Ch. 373 Ch. 8(note)
205.022 20-51 Ch. 373, Pt. II 22-352
205.042 20-52 373.036 8-29
205.043(2) 20-57 373.421 24-271
205.043(3) 20-57 380.04 24-17
Supp. No. 42 2054
F.S.
Section
381.006
381.0065
381.031(1)(g)1
381.031(g)3
381.261
Ch. 386
Ch. 395
402.311
403.0893
403.413
403.415
403.9337
403.9338
413.08
Ch. 469
Ch. 479
479.11
Ch. 481, Pt. II
482.1562(9)
Ch. 489
Ch. 496
496.01
509.233
509.233(2)
Ch. 513
513.01
Ch. 514
Ch. 538, Pt. I
538.03(1)(a)
Ch. 552
Ch. 553
STATUTORY REFERENCE TABLE
Ch.
Ch. 553, Pt. VII
553.01 Ch.
Ch.
Ch
553.15
553.70
553.73
553.73(5)
553.73(10)(k)
Ch. 556
556.107(3)
Chs. 561-565
Section
this Code
4-29
8-29
4-29
Ch. 6, Art. VI
(note)
Ch. 22(note)
Ch. 12(note)
2-307
24-152(d)
21-302(9), (10)
5-4
16-7
Ch. 11(note)
24-182
24-182
3, Art. II(note)
Ch. 6, Art. IV
(note)
Ch. 17(note)
20-59
17-42
24-177(b)
24-182
Ch. 6(note)
18-4(g)(6)
20-59
Ch. 18(note)
24-158
24-158
Ch. 10(note)
10-1
Ch. 6, Art. VI
(note)
21-61
21-60
Ch. 7(note)
2-146
Ch. 6(note)
6-21(p)
7-32
6-16
6, Art. IV(note)
6, Art. III(note)
. 6, Art. II(note)
7-25
8-38
8-24.1
19-8
19-8
3-1
F.S. Section
Section this Code
561.01 Ch. 3(note)
561.15 3-1
562.14(1) 3-2
562.45(2) 3-2
3-4
3-5
3-6
563.01 3-4
565.01 3-4
Ch. 569 13-14
590.12 Ch. 7(note)
604.50 8-24.1
Ch. 633 Ch. 7(note)
7-32
633.35 2-263
633.121 Ch. 7(note)
633.171 7-27
Ch. 650 Ch. 2, Art. VI,
Div. 2(note)
2-241
650.02 2-241
650.05 Ch. 2, Art. VI,
Div. 2(note)
674.105 13-12(a)(4)
Ch. 679, Pt. V 21-63
Ch. 705 Ch. 15,
Art. II(note)
21-24
705.16 Ch. 2,
Art. II(note)
Ch. 760 Ch. 9(note)
760.20 Ch. 9,
Art. II(note)
760.22 9-16
760.23 9-17
760.24 9-18
760.25 9-22
760.29 9-23
760.37 9-24
Ch. 767 Ch. 3,
Art. II(note)
767.10-767.16 4-8
4-9
4-10
767.12 4-12
768.28 2-1(b)(1)
19-8
775.082 2-310.11
4-12
775.083 2-310.11
Supp. No. 42 2055
ATLANTIC BEACH CODE
F.S. Section
Section this Code
442
775.084 4-12
Ch. 790 15-22(g)(3)
790.15 13-3
Ch. 791 Ch. 7(note)
7-39
791.01(4)(b) 13-13
791.01(4)(c) 13-13
791.02(1) 13-13
Ch. 794 2-279
2-310.10
796.07 2-167(a)
800.04 2-279
2-310.10
806.13 6-111
22-57
Ch. 812 13-162
812.019 2-167(a)
812.171 13-163
812.173 13-164
812.175 13-167
13-169
812.1725 13-164
Ch. 823 Ch. 12(note)
823.14 24-182
Ch. 828 4-1.1
828.27 4-30
Ch. 838 2-279
2-310.10
847.001 1/-2
847.001(2) 24-17
24-111(c)(11)
24-114(c)(2)
874.03 2-167(a)
876.05 Char., § 68
828.02 4-1.1
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)
Ch. 943 2-310.16
943.22 2-300
943.25(8)(a) 15-1
943.1395 2-300
Supp. No. 42 2056
[The next page is 2081]
CHARTER INDEX
Section
A
ABSENTEE VOTING. See: ELECTIONS
ACCOUNTANTS
Independent annual audit 19
Powers of commission re audits 9(6)
ACTIONS OR PROCEEDINGS (Civil or criminal)
Pending actions and proceedings 76
AGENCIES OF CITY. See: DEPARTMENTS AND OTHER
AGENCIES OF CITY
AIRPORTS
Powers of commission re
Zoning generally
ATLANTIC BEACH. See: CITY OF ATLANTIC BEACH
ATTORNEY. See: CITY ATTORNEY
AUDITS
Powers of commission re
B
BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF
CITY
BONDS, SURETY AND PERFORMANCE
Official bonds
Powers of commission re
BORROWING MONEY. See: FINANCES
9(8), (9)
59
9(6)
67
9(2)
BOUNDARIES
Established 2
Zoning generally 59
BUDGET
Powers of commission re 9(1)
Preparation and adoption 34
BUILDINGS
Powers of commission re 9(5)
Zoning generally 59
C
CANDIDATES FOR OFFICE. See: ELECTIONS
CERTIFICATES
Powers of commission re
9(2)
CHARTER
Effect of changes in state law 80
Effect of charter on existing law 69
Supp. No. 42 2081
ATLANTIC BEACH CODE
Section
CHARTER (Cont'd.)
Effective date 79
Initiative and referendum regulations generally 44 et seq.
See: INITIATIVE AND REFERENDUM (Proposed ordi-
nances, etc.)
Present charter of city abolished and new charter estab-
lished 1
Separability clause
Short title
78
77
CHARTER REVIEW COMMITTEE
Periodic review 81
CITY ATTORNEY
Appointment
Powers and duties
Qualifications
31
32
31
CITY CLERK
Appointment 28
Duties 28
Qualifications 29
Removal 30
CITY COMMISSION
Appointments
City attorney 31
City clerk 28
City manager 10
Deputy city manager or deputy city clerk 11
Attendance of city manager and other officers in city com-
mission 20
Change of duties 13
Commissioners
Disqualifications 6
City commission to be judge of qualifications of its
members 15
Number of 5
Qualifications 6
City commission to be judge of qualifications of its
members 15
Salary 7
Selection 5
Term 5
Election regulations generally 36 et seq.
See: ELECTIONS
Financial regulations generally 9 et seq.
See: FINANCES
Form of government re 3
Independent annual audit 19
Induction into office 14
Supp. No. 42 2082
CHARTER INDEX
Section
CITY COMMISSION (Cont'd.)
Initiative and referendum regulations generally 44 et seq.
See: INITIATIVE AND REFERENDUM (Proposed ordi-
nances, etc.)
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
Attendance of city manager and other officers in city com-
mission 20
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
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 75
Supp. No. 42 2083
ATLANTIC BEACH CODE
Section
D
DEPARTMENT OF FINANCES. See: FINANCES
DEPARTMENT OF PUBLIC SAFETY. See: SAFETY
DEPARTMENTS AND OTHER AGENCIES OF CITY
Charter review committee 81
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 agencies 63
E
ELECTIONS
Absentee voting 42
Canvassing board, duties 43
Electors S8
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
Supp. No. 42 2084
CHARTER INDEX
Section
FINANCES (Cont'd.)
Municipal borrowing
Authority to borrow 60
Powers of commission re 9
FINES, FORFEITURES AND PENALTIES
Powers of commission re 9(7)
FIRE DEPARTMENT
Responsibilities of department of public safety re
FLORIDA. See: STATE OF FLORIDA
FRANCHISES
Granting of franchises
33
57
G
GENERAL ELECTIONS. See: ELECTIONS
GOLF COURSES
Powers of commission re 9(8), (9)
GOVERNMENT
Election regulations generally 36 et seq.
See: ELECTIONS
Form of government 3
General powers 4
Initiative and referendum regulations generally 44 et seq.
See: INITIATIVE AND REFERENDUM (Proposed ordi-
nances, etc.)
Present charter of city abolished and new charter estab-
lished 1
Incorporation of city
Reaffirmation of 2
H
HOSPITALS
Powers of commission re 9(8), (9)
I
IMPROVEMENTS
Continuance of public improvements 75
INITIATIVE AND REFERENDUM (Proposed ordinances, etc.)
Amendment of petitions 48
Availability of list of qualified electors 53
Certification of petitions 47
Committee of petitioners 46
Consideration by city commission 50
Effect of certification of referendum petition 49
Examination of petitions 47
Filing of petitions 47
Supp. No. 42 2085
ATLANTIC BEACH CODE
Section
INITIATIVE AND REFERENDUM (Proposed ordinances, etc.)
(Cont'd.)
Form of ballot for initiated and referred ordinances 52
Form of petitions 46
Power of initiative 44
Power of referendum 45
Results of election 54
Submission to electors 51
INVESTIGATIONS
Generally 64
L
LAND DEVELOPMENT
Zoning generally
LEGAL ACTIONS AND PROCEEDINGS. See: ACTIONS OR
PROCEEDINGS (Civil or criminal)
LOTS
Powers of commission re
Zoning generally
M
MANAGER. See: CITY MANAGER
MAPS. See: SURVEYS, MAPS AND PLATS
MUNICIPAL BORROWING. See: FINANCES
MUNICIPALITY. See: CITY OF ATLANTIC BEACH
N
NONPARTISAN ELECTIONS. See: ELECTIONS
0
59
9(5)
59
OATH, AFFIRMATION, SWEAR OR SWORN
Oath of office 68
OFFICERS AND EMPLOYEES
City attorney 31, 32
City clerk 28 et seq.
See CITY CLERK
City commission 3 et seq.
See: CITY COMMISSION
City manager 3 et seq.
See: CITY MANAGER
Continuance of present officers 71
Director of finance 35
Election regulations generally 36 et seq.
See: ELECTIONS
Supp. No. 42 2086
CHARTER INDEX
Section
OFFICERS AND EMPLOYEES (Cont'd.)
Personal interest 66
Powers of commission re 9(11)
Removal of officers and employees 62
Rights of officers and employees preserved 70
OFFICIAL BONDS. See: BONDS
OFFICIAL MAP. See: SURVEYS, MAPS AND PLATS
P
PARKS, PLAYGROUNDS AND RECREATION
Powers of commission re 9(8), (9)
Zoning generally 59
PENALTIES. See: FINES, FORFEITURES AND PENALTIES
PETITIONS
Initiative and referendum regulations re 44
See: INITIATIVE AND REFERENDUM (Proposed ordi-
nances, etc.)
POLICE DEPARTMENT
Responsibilities of department of public safety re 33
PRIMARY ELECTIONS. See: ELECTIONS
PROCEEDINGS. See: ACTIONS OR PROCEEDINGS (Civil or
criminal)
PROPERTY
Title to property reserved 74
Transfer of property 73
Zoning generally 59
PUBLIC IMPROVEMENTS. See: IMPROVEMENTS
PUBLIC SAFETY. See: SAFETY
PURCHASES AND PURCHASING
Powers of commission re 9(10)
R
RECALL ELECTIONS. See: ELECTIONS
RECORDS, BOOKS, PAPERS, ETC.
Publicity of records
Transfer of records
REFERENDUM. See: INITIATIVE AND REFERENDUM (Pro-
posed ordinances, etc.)
Supp. No. 42 2087
65
73
ATLANTIC BEACH CODE
Section
S
SAFETY
Department of public safety
Appointments and responsibilities 33
SALES
Powers of commission re 9(10)
SEWERS AND SEWAGE DISPOSAL
Powers of commission re utilities 9(9)
STATE LAW
Effect of changes in state law re charter 80
STATE OF FLORIDA
Powers of commission re 9(12)
STREETS, SIDEWALKS AND OTHER PUBLIC WAYS
Granting of franchise
Use of streets, etc. 57
SUITS AGAINST CITY
Generally 61
SURVEYS, MAPS AND PLATS
Powers of commission re official map 9(4)
T
TAXATION
Tax administration 58
U
UTILITIES
Powers of commission re 9(9)
W
WATER SUPPLY AND DISTRIBUTION
Powers of commission re utilities 9(9)
Y
YARDS, COURTS, ETC.
Powers of commission re
Zoning generally
Z
ZONING
Generally
Supp. No. 42 2088
9(5)
59
59
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