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AB Code Supplement 43SUPPLEMENT NO. 43 December 2016 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. 45-16-22, enacted May 23, 2016. See the Code Comparative Table—Ordinances for further information. Remove Old Pages Title page Insert New Pages Title page iii iii ix—xiv 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:2 161-162.4 161-162.5 1055-1059 1055-1059 1163, 1164 1163, 1164 1449-1450.1 1449-1450.1 1493, 1494 1493-1494.1 1509-1514.2 1509-1514.2.1 2009 2009 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. municode Municipal Code Corporation I P.O. Box 2235 Tallahassee, FL 32316 info@rnunicode.com 1800.262.2633 www.municode.com CO ))E 0? ORDINANCES OF THE CITY OF C !i>EACH, -1y 0R Published in 1984 by Order of the City Commission municode Municipal Code Corporation 1 P.O. Box 2235 Tallahassee, FL 32316 info@municode.com 1800.2622633 www.municode.com Supp. No. 43 OFFICIALS of the CITY OF ATLANTIC BEACH, FLORIDA Mitchell E. Reeves Mayor Mitchell R. Harding James K. Hill John M. Stinson M. Blythe Waters City Commissioners Brenna M. Durden City Attorney Nelson Van Liere City Manager Donna L. Bartle City Clerk Supp. No. 43 iii TABLE OF CONTENTS Page Officials of the City iii Preface v Adopting Ordinance vii Checklist of Up -to -Date Pages [1] Supplement History Table SH: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 162.4 Supp. No. 43 ix ATLANTIC BEACH CODE Chapter Page Art. W. Departments 162.4 Div. 1. Generally 162.4 Div. 2. Police Department 162.4 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 System174 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 ^. ^mimals 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. W Plumbing Code 418.4 Art. V. Mechanical Code 418.6 Art. W. Reserved 418.8 Art. VII. Numbering of Buildings 419 Art. VIII. Property Maintenance Code 421 Art. IX. Reserved 421 Art. X. Amusement Device Code 422 7. Fire Prevention and Protection Art. I. In General Supp. No. 43 g 469 469 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— Violations 522 Subdiv. I. In General 522 Subdiv. II. Applicability 523 Subdiv. III. Duties and Powers of the Floodplain 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, Recreational 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 577 Art. I. In General 579 Art. II. Fair Housing 583 10. Mobile Homes and Recreational Vehicles 631 11. Noise 683 12. Nuisances 735 13. Offenses 787 Art. I. In General 787 Art. II. Minors on Streets and in Public Places 794.2 Art. III. Sexual Offenders arid 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. 43 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 Gcncral 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. 43 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 Landscape Irrigation 1513 Div. 10. Florida -Friendly Use of Fertilizer on Urban Landscapes 1514.3 Art. W Subdivision and Site Improvement Regula- tions 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 Waterway Resources 1536 Art. W. 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. 43 xiii 1987 2043 ATLANTIC BEACH CODE Page Statutory Reference Table 2053 Charter Index 2081 Code Index 2101 Supp. No. 43 xiv Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not .been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 43 27, 28 42 iii 43 79 5, Add. v, vi OC 91 42 vii, viii 1 103, 104 OC ix, x 43 105, 106 OC xi, xii 43 107, 108 13 xiii, xiv 43 155, 156 41 SH:1, SH:2 43 157, 158 41 1, 2 42 158.1, 158.2 41 3 42 158.3, 158.4 41 5, 6 42 158.5 41 7, 8 42 159, 160 40 9, 10 42 161, 162 43 11, 12 42 162.1, 162.2 43 13, 14 42 162.3, 162.4 43 15, 16 42 162.5 43 17, 18 42 163, 164 25 19, 20 42 165, 166 32 21, 22 42 167, 168 39 23, 24 42 169, 170 40 25, 26 42 170.1 40 [1] Supp. No. 43 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 171, 172 39 188.51, 188.52 41 172.1, 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, 246 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 [2] Supp. No. 43 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 355, 356 38 551, 552 40 357, 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 [3] Supp. No. 43 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1005, 1006 39 1235, 1236 21 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 43 1245 40 1057, 1058 43 1275, 1276 41 1059 43 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 43 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 [4] Supp. No. 43 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1357, 1358 42 1437, 1438 37 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 43 1373, 1374 42 1450.1 43 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 43 1433, 1434 37 1494.1 43 1435, 1436 37 1495, 1496 37 [5] Supp. No. 43 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1497, 1498 37 1999, 2000 24 1499, 1500 37 2001, 2002 30 1501, 1502 37 2003, 2004 37 1503, 1504 37 2005, 2006 37 1505, 1506 37 2007, 2008 41 1507, 1508 37 2009 43 1509, 1510 43 2043 OC 1511, 1512 43 2053, 2054 42 1513, 1514 43 2055, 2056 42 1514.1, 1514.2 43 2081, 2082 42 1514.2.1 43 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 [6] Supp. No. 43 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2149, 2150 41 2151, 2152 41 2153, 2154 40 2155, 2156 40 2157, 2158 40 2159, 2160 41 2161, 2162 40 2163, 2164 40 2165, 2166 40 2167, 2168 40 2169, 2170 41 [7] Supp. No. 43 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. 43 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 95-15-409 5 71,15 Includcd 12 70-15-18 8-10-15 Included 42 95-15-111 11- 9-15 Included 43 12-16-5 1-25-16 Omitted 43 90-16-224 1-25-16 Omitted 43 33-16-21 4-25-16 Included 43 45-16-22 5-23-16 Included 43 Supp. No. 43 SH:2 ADMINISTRATION § 2-20 (25) Rule 25. Any city commissioner or charter officer may request that any motion be presented in writing. (26) Rule 26. The city commission may take action on a matter which, because of time constraints, has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative votes of the majority of the members of the city commission. The passage of emergency ordinances and resolutions, however, shall be in accordance with Section 18 of the City Charter. (27) Rule 27. It shall be the duty of a city commissioner who will be absent from any city commission meeting to notify the other commissioners of any such anticipated absence. Said notice shall be given as far in advance as possible, either orally at a meeting prior to the one which the commissioner will be absent from, or by e-mail to the city clerk, who will then forward the notice to the other commissioners. If the notice includes a request for an excused absence, it shall state briefly the reasons why the excused absence is being requested, and the other commissioners shall vote on the request at the meeting at which it is orally requested or as an agenda item at a subsequent meeting following notice by e-mail. (28) Rule 28. City commissioners shall be prohibited from accepting or sending any electronic communications via cell phone or other device during the course of a city commission meeting. Electronic communications include, but are not limited to, emails, Blackberry PINs, SMS communications (text messaging), MMS communica- tions (multimedia content), and instant messaging. City commissioners may have cell phones turned on during city commission meetings, to be used only in the event of an emergency. (Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88; Ord. No. 5-97-29, § 1, 2-24-97; Ord. No. 5-01-36, § 1, 11-12-01; Ord. No. 5-12-56, §§ 1, 2, 8-27-12; Ord. No. 5-12-57, § 1, 11-26-12) Sec. 2-20. Salary of members. (a) The annual salary of the mayor and commissioners shall be made in twelve (12) equal monthly payments. (b) Effective August 1 each year the basic salary of the mayor -commissioner and city commissioners shall be reviewed and adjusted by the Consumer Price Index for All Urban Consumers (CPI -U) released in August. Adjustments, if any, shall not exceed the cost of living adjustment provided to general employees and shall be effective on October 1 of each year. A reduction of ten (10) percent, effective October 1, 2009, shall be made to reduce the annual salary of the mayor to nine thousand three hundred ninety-two dollars and four cents ($9,392.04) and to reduce the annual salary of the commissioners to five thousand seven hundred sixteen dollars and thirty-two cents ($5,716.32) with the next pay adjustment under this section being on October 1, 2010, if appropriate. Supp. No. 43 161 § 2-20 ATLANTIC BEACH CODE (c) This review and increase in basic salary does not negate an annual cost of living increase that might be awarded each year to all city employees. (Laws of Fla., Ch. 57-1126, § 7; Ord. No. 5-75-3, § 3, 12-22-75; Ord. No. 5-83-9, § 1, 11-14-83; Ord. No. 5-00-33, § 1, 8-28-00; Ord. No. 5-02-39, § 1, 10-14-02; Ord. No. 5-06-45, § 1, 2-27-06; Ord. No. 5-06-45, § 1, 2-27-06; Ord. No. 5-07-47, § 1, 9-24-07; Ord. No. 5-09-51, § 1, 9-28-09) Sec. 2-21. Resignation from office; election procedures. (a) A city commissioner seeking to run for another elected office shall submit a letter of resignation at least thirty (30) days prior to the first day of qualifying for the office he intends to seek. The resignation must be effective no later than the earlier of the following dates: (1) The date the commissioner would take his new office, if elected; or (2) The date the commissioner's successor is required to take office. (b) The commission seat shall be placed on the ballot at the next election after the filing of the letter of resignation. The candidate winning the commission seat shall take office on the effective date of the assuming of offices following the election and shall serve the remaining unexpired term of the resigning commissioner. (c) This section shall not preclude the city commission from electing an eligible person to serve in the interim as provided for in Section 12 of the City Charter. (Ord. No. 33-93-5, § 1, 3-22-93) Sec. 2-22. Voting districts. a) Scat 2. District 1308 shall beashowl on the attdulei ulavvulg0•Lied "The CIL), of Atlantic Beach Voting Districts," the boundaries of which are as follows: Beginning at a point in the City of Atlantic Beach's eastern city limits, being a point of intersection of the Atlantic Ocean and the eastern extension of the 16th Street right-of- way; then running westerly along the 16th Street right-of-way and extension thereof, to a point of intersection with the Beach Avenue right-of-way; then running northerly along the Beach Avenue right-of-way to a point of intersection with the 17th Street right-of-way; then running westerly along the 17th Street right-of-way to a point of intersection with the Seminole Road right-of-way; then running northerly along the Seminole Road right-of- way, to a point of intersection with the Saturiba Drive right-of-way; then running westerly along the Saturiba Drive right-of-way to its western terminus; then running southwesterly along the north side of the Selva Marina Unit 5 plat, to a point of intersection with the southernmost corner of the Sevilla Gardens condominium property, being also the northern boundary of the Atlantic Beach Country Club SPA; then running northwesterly along the northern boundary of the Atlantic Beach Country Club SPA to a point of intersection with the northeastern corner of the Fairway Villas PUD; then running south along the western boundary of the Atlantic Beach Country Club SPA to a point of intersection with the eastern extension of the Dutton Island Road right-of-way; then Supp. No. 43 162 ADMINISTRATION § 2-22 running westerly along the Dutton Island Road right-of-way and eastern extension thereof, to a point of intersection with the Main Street right-of-way; then running southerly along the Main Street right-of-way to a point of intersection with the Levy Road right-of-way; then running easterly along the Levy Road right-of-way to point of intersection with the Mayport Road right-of-way; then running southerly along the Mayport Road right-of-way to a point of intersection with the Plaza right-of-way; then running easterly along the Plaza right-of-way to a point of intersection with the Ocean Boulevard right-of-way; then running northerly along the Ocean Boulevard right-of-way to a point of intersection with the 10th Street right-of-way; then running easterly along the 10th Street right-of-way to a point of intersection with the Beach Avenue right-of-way; then running northerly along the Beach Avenue right-of-way to a point of intersection with the 11th Street right-of-way; then running easterly along the 11th Street right-of-way and the eastern extension thereof, to a point of intersection with the Atlantic Ocean, being also the eastern city limits line; then running northerly along the city limits line to the point of beginning. (b) Seat 3. District 1307 shall be as shown on the attached drawing entitled "The City of Atlantic Beach Voting Districts ", the boundaries of which are as follows: Beginning at a point in the City of Atlantic Beach's northern city limits on the east at its intersection with the Atlantic Ocean; then running westerly along the northern city limits line, also being the southern boundary of Hanna Park, to a point located at the southwest corner of the Hanna Park property; then running southerly along the city limits line, and then westerly along the city limits line to a point of intersection with the Mayport Road right-of-way; then running southerly along the city limits line to a point where the city limits line turns east just south of the Fairway Villas PUD; then running easterly along the city limits to a point of intersection with the southeastern corner of the Fairway Villas PUD, being also the western boundary of the Atlantic Beach Country Club SPA; then running northerly along the western boundary of the Atlantic Beach Country Club SPA to a point of intersection with the northeastern corner of the Fairway Villas PUD; then running southeasterly along the northern boundary of the Atlantic Beach Country Club SPA to a point of intersection with the southernmost corner of the Sevilla Gardens condominium property; then running northeasterly along the north side of the Selva Marina Unit 5 plat to a point of intersection with the western terminus of the Saturiba Drive right-of-way; then running easterly along said Saturiba Drive right-of-way to a point of intersection with the Seminole Road right-of-way; then running southerly along the Seminole Road right-of-way to a point of intersection with the 17th Street right-of-way; then running easterly along the 17th Street right-of-way to a point of intersection with the Beach Avenue right-of-way; then running southerly along the Beach Avenue right-of-way to a point of intersection with the 16th Street right-of-way; then running easterly along the 16th Street right-of-way and the eastern extension thereof, to a point of intersection with the Atlantic Ocean, being also the eastern city limits line; then running northerly along the city limits line to the point of beginning. Supp. No. 43 162.1 § 2-22 ATLANTIC BEACH CODE (c) Seat 4. District 1306 shall be as shown on the attached drawing entitled "The City of Atlantic Beach Voting Districts ", the boundaries of which are as follows: Beginning at a point in the City of Atlantic Beach's eastern city limits, being a point of intersection between the Atlantic Ocean and the eastern extension of the 11th Street right-of-way; then running westerly along the 11th Street right-of-way to a point of intersection with the Beach Avenue right-of-way; then running southerly along the Beach Avenue right-of-way to a point of intersection with the 10th Street right-of-way; then running westerly along the 10th Street right-of-way to a point of intersection with the Ocean Boulevard right-of-way; then running southerly along the Ocean Boulevard right-of-way to a point of intersection with the Plaza right-of-way; then running westerly along the Plaza right-of-way to a point of intersection with the Sargo Road right-of-way; then running southerly along the Sargo Road right-of-way to a point of intersection with the Cavalla Road right-of-way; then running easterly along the Cavalla Road right-of-way to a point of intersection with the Royal Palms Drive right-of-way; then running southerly along the Royal Palms Drive right-of-way to a point of intersection with the southern city limits, which is a line parallel at right angles to, and sixteen (16) feet north of the centerline of the Atlantic Boulevard right-of-way; then running easterly along the southern city limits line to a point of intersection with the Atlantic Ocean, being the eastern city limits; then running northerly along the eastern city limits line to the point of beginning. (d) Seat 5. District 1312 shall be as shown on the attached drawing entitled "The City of Atlantic Beach Voting Districts", the boundaries of which are as follows: Beginning at a point in the City of Atlantic _Beach's northern city limits, being a point of intersection between the Dutton Island Road right-of-way and the Main Street right-of- way; then running westerly along the northern city limits line to a point of intersection with the Intracoastal Waterway Canal right-of-way, being also the western city limits line; then running southerly along the western city limits line to a point of intersection with a line lying parallel at right angles to, and sixteen (16) feet north of the center line of the Atlantic Boulevard right-of-way, being also the southern city limits line; then running easterly along said southern city limits line to a point of intersection with the Royal Palms right-of-way; then running northerly along the Royal Palms right-of-way to a point of intersection with the Cavalla Road right-of-way; then running westerly along the Cavalla Road right-of-way to a point of intersection with the Sargo Road right-of-way; then running northerly along the Sargo Road right-of-way to a point of intersection with the Plaza right-of-way; then running westerly along the Plaza right-of-way to a point of intersection with the Mayport Road right-of-way; then running northerly along the Mayport Road right-of-way to a point of intersection with the Levy Road right-of-way; then running westerly along the Levy Road right-of-way to a point of intersection with the. Main Street right-of-way; then running northerly along the Main Street right-of-way to the point of beginning Supp. No. 43 162.2 ADMINISTRATION § 2-22 City a f7-ltiintie 8eae6 VOTING DISTRICTS District Boundaries 2010 U.S. Census Block Population Distribution (Age 18+) plus ABCC Build -out Projection 1306 (2,552 = 24.34%) 1307 (2,560 = 24.42%) 1308 (2,862 = 27.30%) 1312 (2,510 = 23.94%) D'Ld"i .ONIISIANeJREAW FEWIS•ST . ] m t�PARA0I5E CT I �2OEER1 —EDGAWST A z. JACNSON RD DEL A•RD SAIFFISN.DR AAIBERb AEKFN BONiTA•RD 1312; City of Atlantic Beach Building and Zoning Department 800 Seminole Road, Atlantic Beach, FL 32233 904.247.5800 www.coab.us Supp. No. 43 162.3 Created: 2/18/2016 § 2-22 ATLANTIC BEACH CODE (Ord. No. 33-12-18, § 1, 8-13-12; Ord. No. 33-16-21, § 1, 4-25-16) Secs. 2-23--2-30. Reserved. ARTICLE III. CITY MANAGER* Secs. 2-31-2-40. Reserved. ARTICLE W. DEPARTMENTS DIVISION 1. GENERALLY Sec. 2-41. Director of public safety. The city manager, or any other qualified person as provided herein, shall be the director of public safety, under whose supervision there shall be a police department and a fire department. (1) In the event the city manager desires to appoint a director of public safety, the director of public safety shall be appointed and removed by the city manager, subject to the approval of the city commission. The director of public safety shall be compensated as determined by the city manager. (2) The duties of the director of public safety shall include attendance at all meetings of the city commission as required by the city manager; supervision and coordination of the police, fire and lifeguard operations of the city; participation in emergency ni ii3 aiid upeiaLiuiis befule, ailing and caul iilajut iueideiiib affee iiig public safety; and performance of such other duties as may be lawfully required of him. (Laws of Fla., Ch. 57-1126, § 35; Code 1970, § 2-1; Ord. No. 57-78-7, § B, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83; Ord. No. 5-95-26, § 1, 1-8-96) Secs. 2-42-2-50. Reserved. DIVISION 2. POLICE DEPARTMENT' Sec. 2-51. Chief of police—Appointment, compensation, removal. The chief of police shall be the head of the police department and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 36; Ord. No. 57-78-7, § C, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83; Ord. No. 57-90-16, § 1, 5-29-90) *Charter reference—The city manager, § 25 et seq. State law reference—Code of ethics for public officers and employees, § 112.311 et seq. tCross reference—Police generally, Ch. 15. Supp. No. 43 162.4 ADMINISTRATION § 2-60 Sec. 2-52. Same—Duties and authority. It shall be the duty of the chief of police to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of order and to enforce the city's ordinances; to execute all papers and process of the city or its authorities; and to perform such other duties as may be lawfully required of him Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the chief of police shall have and exercise control over the police department. (Laws of Fla., Ch. 57-1126, § 37; Ord. No. 57-78-7, § D, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2-53. Powers and authority of deputies and chief. The chief of police and his deputies shall have the power and authority to immediately arrest, with or without warrant, and also to take into custody any person who shall commit, threaten, or attempt to commit, in his presence or within his view, any offense prohibited by the ordinances and laws of the city, of the state, or of the United States of America, and shall without unnecessary delay, bring the offenders before the appropriate court to be dealt with according to law. (Laws of Fla., Ch. 57-1126, § 38; Ord. No. 57-78-7, § E, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-54-2-60. Reserved. Supp. No. 43 162.5 Chapter 18 SOLICITATIONS* Sec. 184. Definitions. [The following definitions, when used in this chapter, shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:] Charitable shall mean of or relating to any benevolent, civic, educational, fraternal, philanthropic, religious, humane, patriotic, voluntary health or other eleemosynary activity or cause. Donation shall mean the act of making a gift or contribution to a charitable activity or cause, including, but not limited to, contributions of clothing, food, money, pledges, property, subscriptions or anything else of value. Person shall mean any individual, firm, partnership, corporation, company, association, society, organization, trust, group or league. Solicitation shall mean the request, either directly or indirectly, for any donation or contribution, including, but not limited to, any oral or written request; the offer or attempt to sell any article, service, publication, advertisement, subscription, membership or other thing; the announcement through the press or other media concerning an appeal, drive or campaign to which the public is requested to make a donation. A solicitation shall be deemed to have taken place when the request is made, whether or not the person making the request receives any donation or makes a sale. Solicitor shall mean any individual who requests, either directly or indirectly, any donation or contribution, including, but not limited to, any oral or written request, or any individual who attempts to sell any article, service, publication, advertisement, subscription, membership or other thing. (Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94) Sec. 18-2. Permit; registration and fingerprinting required. Each and every solicitor, before entering into or upon a residential premises within the city for the purpose of soliciting, shall register with the city manager or designee, obtain a permit, and furnish the city manager or designee with the following: (1) The name, local and permanent addresses, age, race, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the applicant; *Editor's note—Section 1 of Ordinance No. 95-93-58, adopted June 28, 1993, amended Ch. 18 to read as herein set out. Prior to such amendment, Ch. 18 consisted of §§ 18-1, 18-2, 18-16-18-21, which pertained to solicitors and derived from §§ 21-1-21-7 of the 1970 Code; §§ 1, 2 of Ord. No. 95-90-46, adopted May 29, 1990; and §§ 1, 2 of Ord. No. 95-93-55, adopted March 8, 1993. State law reference—Solicitation of Charitable Funds Act, F.S. § 496.01 et seq. Supp. No. 43 1055 § 18-2 ATLANTIC BEACH CODE (2) The nature or purpose for which solicitations will be made and the nature of the goods, wares or merchandise offered for sale; (3) The name and address of the employer or organization represented, if any; (4) A statement as to whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor; (5) A complete set of fingerprints taken by the chief of police or his designee; and (6) Authorization for a criminal background investigation. (Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16) Sec. 18-3. Fees. A fee of thirty-five dollars ($35.00) to cover the cost of investigation of the applicant and processing of the application shall be paid to the city manager or designee when the application is filed and shall not be returnable under any circumstances. In addition to the aforementioned fee, each solicitor shall be required to pay for a solicitor's permit as provided in section 20-59 of the City Code. (Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16) Sec. 18-4. Regulations and prohibitions. (a) While engaged in soliciting in or upon residential premises, each solicitor shall carry and prominently display the permit issued by the city manager or designee which shall contain the name, address and telephone number of the solicitor, as well as the name of the person or organization for whose benefit or on whose behalf the solicitor is acting. (b) No solicitor shall in any way unlawfully obstruct, delay or interfere with the free movements of any person against that person's will or seek to coerce or physically disturb any other person. (c) No solicitor shall in any way unlawfully obstruct, delay or interfere with vehicular traffic within the city. (d) No solicitor shall solicit door-to-door at any residence between the hours of sunset and 9:00 a.m. (e) No solicitor shall solicit, except under the conditions permitted, if permit required, by section 18-2. (f) It shall be unlawful to solicit at, nor enter upon, any premises within the city where a "No Solicitation" sign is posted in accordance with the provisions of this subchapter, unless otherwise invited onto the premises for that purpose. Supp. No. 43 1056 SOLICITATIONS § 18-4 (g) It is unlawful for any person in connection with the planning, conduct or execution of any solicitation to: (1) Make misrepresentations or misleading statements to the effect that any other person or organization sponsors or endorses such solicitation, approves of its purpose, or is connected therewith, when that person or organization has not given written consent to the use of its name. (2) Represent that the contribution is for or on behalf of an organization or sponsor or to use any emblem, device or printed matter belonging to or associated with an organization or sponsor, without first being authorized in writing to do so by the organization or sponsor. (3) Use a name, symbol, emblem, device, service mark or statement so closely related or similar to that used by another organization or sponsor that the use thereof would mislead the public. (4) Falsely state that the person is a member of or a representative of an organization or sponsor, or falsely state or represent that the person is a member of or represents a law enforcement or emergency service organization. (5) Misrepresent or mislead anyone by any manner, means, practice or device whatsoever to believe that the person or organization on whose behalf the solicitation or sale is being conducted is a charitable organization or sponsor, or that any of the proceeds of the solicitation or sale will be used for charitable or sponsor purposes, if that is not the fact. (6) Represent that a charitable organization or sponsor will receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than that identified in any filings required under Chapter 496, Florida Statutes, or that a charitable organization or sponsor will receive an actual or estimated dollar amount or percentage per unit of goods or services purchased or used in the charitable or sponsor sales promotion that is greater than that agreed to by the commercial coventurer and the charitable organization or sponsor. (7) Use or exploit the fact of registration or the filing of any report with any governmental agency so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state. (8) Make misrepresentations or misleading statements to the effect that a contribution or the display of any sticker, emblem or insignia offered to contributors will entitle such other person to any special treatment by emergency service employees or law enforcement officers in the performance of their official duties. (9) Solicit contributions from another person or organization while wearing the uniform of an emergency service employee or law enforcement officer, or while on duty as an emergency service employee or law enforcement officer, except where the solicitation is for an organization exempt from federal income tax under s.501(c)(3) of the Internal Revenue Code or except when soliciting contributions to benefit an Supp. No. 43 1057 § 18-4 ATLANTIC BEACH CODE emergency service employee or law enforcement officer who has been injured in the line of duty or to benefit the family or dependents of an emergency service employee or law enforcement officer who has been killed in the line of duty. (10) Solicit contributions on behalf of another person or organization using any statement that the failure to make a contribution shall result in a reduced level of law enforcement services being provided to the public or the person solicited. (11) Employ in any solicitation any device, scheme or artifice to defraud or to obtain a contribution by means of any deception, false pretense, misrepresentation or false promise. (12) Notify any other person by any means, as part of an advertising scheme or plan, that the other person has won a prize, received an award or has been selected or is eligible to receive anything of value if the other person is required to purchase goods or services, pay any money to participate in or submit to a promotion effort. (13) Fail to provide complete and timely payment of the proceeds from a solicitation campaign to a charitable organization or sponsor organization. (14) Fail to apply contributions in a manner substantially consistent with the solicitation. (15) Fail to identify his professional relationship to the person for whom the solicitation is being made. (Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16) Sec. 18-5. Posting of "No Solicitation" sign. Any person in possession or in charge of any premises within the city who desires to remain undisturbed by the visit of uninvited solicitors may post or place in a conspicuous place near or at the entrance of the premises a sign containing the words "No. Solicitation" or a substantially similar message in letters easily read by a person approaching the premises. (Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94) Sec. 18-6. Inspection of books and records. Upon request of the city manager or designee, the holder of a permit shall make available for inspection, by any agent of the city, all books, records and papers pertaining to the registered solicitation at any reasonable time while the permit is in effect or after it has expired. (Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16) Sec. 18-7. Revocation. The city manager or designee shall revoke any permit issued under this article if he or she finds that the permittee has given false information or has knowingly withheld information in obtaining same or upon violation of any portion of this chapter. (Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16) Supp. No. 43 1058 SOLICITATIONS § 18-9 Sec. 18-8. Exceptions. The provisions of subsections 18-2(4), (5), and (6), and section 18-3 shall not apply to: (1) Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof; (2) Unpaid members of any civic or charitable organization who are registered as such with the city manager or designee and the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identification with the organization represented; (3) Newsboys soliciting subscriptions to any newspaper for home delivery within the city; (4) Route deliverymen who make deliveries to regular customers and whose solicitation is only incidental to their regular deliveries; (5) Solicitors or agents of life or other insurance companies who hold a license issued by the insurance commissioner of the state; and (6) Any charitable, religious, fraternal, youth, civic, service or other organization when the organization makes occasional sales or engages in fundraising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic and service activities of the organization. (Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16) Sec. 18-9. Penalties. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or both. (Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94) [The next page is 1107] Supp. No. 43 1059 TAXATION § 20-54 (2) Any person who maintains a permanent business location or branch office within the city, for the privilege of engaging in or managing any profession or occupation within its jurisdiction; (3) Any person who does not qualify under the provisions of subsection (1) or (2) of this section, and who transacts any business or engages in any occupation or profession in interstate commerce, if such license tax is not prohibited by Section 8 of Article I of the United States Constitution; (4) Any person who reports himself to be engaged in any profession, occupation or industry for the transaction of which a license is required under this chapter either by exhibiting a sign or advertisement or by advertising in any newspaper or any other publication or by the distribution of any advertising material or in any other way indicating engagement in such business, profession or occupation, regardless of whether any business has actually been transacted or not. (Ord. No. 45-81-5, § 1, 12-28-81; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-06-18, § 1, 9-25-06) State law reference—Similar provisions, F.S. § 205.042. Sec. 20-52.1. Inspections. Prior to the issuance of a business tax receipt, the structure or site designated as the location of the business to be taxed shall receive the inspection and approval of the city fire inspector and building official to verify compliance with city building and fire codes. However, inspections for home occupations shall be at the discretion of the building official and fire inspectors. (Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 70-97-12, § 1, 9-22-97; Ord. No. 45-06-18, § 1, 9-25-06; Ord. No. 45-10-20, § 1, 1-11-10) State law reference—Similar provisions, F.S. § 205.042. Sec. 20-53. Half-year receipts. No receipt shall be issued for more than one (1) year. For each receipt obtained from October 1 through March 31, the full tax for one (1) year shall be paid; for each receipt obtained from April 1 through September 30, one-half (1/2) of the full tax shall be paid. (Code 1970, § 10-1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06; Ord. No. 45-16-22, § 2, 5-23-16) State law reference—Authority for a partial receipt, F.S. § 205.053(1). Sec. 20-54. Due dates and delinquencies; penalties. (a) All receipts shall be sold by the city manager or designee beginning September first of each year and shall be due and payable on or before October 1 of each year and shall expire on September 30 of the succeeding year. If October 1 falls on a weekend or holiday, the tax shall be due and payable on or before the first working day following October 1. Those receipts not renewed when due and payable shall be considered delinquent and subject to a delinquency penalty often ten (10) percent for the month of October, plus an additional Supp. No. 43 1163 § 20-54 ATLANTIC BEACH CODE five -percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twenty-five (25) percent of the local business tax fee for the delinquent establishment. (b) Any person engaging in or managing any business, occupation or profession without first obtaining a local business tax receipt, if required in this article, shall be subject to a penalty of twenty-five (25) percent of the business tax fee determined to be due, in addition to the penalty provided by F.S. Ch. 162; any such business may be closed by the city manager or his designee until the business tax requirements have been met. (Code 1970, § 10-1.1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 70-97-12, § 1, 9-22-97; Ord. No. 45-06-18, § 1, 9-25-06; Ord. No. 45-16-22, § 2, 5-23-16) State law reference—Similar provisions, F.S. § 205.053. Sec. 20-55. Businesses falling under more than one classification; operating at more than one location. Each receipt classification and the amount of the business tax, as set forth in this chapter, shall be deemed to be cumulative to any license taxes otherwise imposed, and when any occupation, business, profession or commercial activity shall fall into more than one (1) of the classifications, such occupation, business, profession or commercial activity shall be required to comply with the business tax receipt requirements of each such classification or provision. Whenever any person operates any of the businesses provided for in this article at more than one (1) location, each location shall be considered a separate business. (Code 1970, § 10-2; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06) Sec. 20-56. Compliance by receipt holders. Issuance of a local bueincoo tax rcccipt by the city manager or dceign o shall in no way relieve the holder thereof of responsibility for compliance with all provisions of this Code or other city ordinances or parts thereof heretofore passed or which may hereafter be passed by the city commission regulating the conduct of the business. (Code 1970, § 10-3; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06; Ord. No. 45-16-22, § 2, 5-23-16) Sec. 20-57. Transfer. (a) All business tax receipts may be transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee of three dollars ($3.00) and presentation of the original receipt and evidence of the sale. (b) Upon written request and presentation of the original receipt, any receipt may be transferred from one (1) location to another location in the city upon payment of a transfer fee of three dollars ($3.00). (Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06) State law reference—Similar provisions, F.S. § 205.043(2), (3). Supp. No. 43 1164 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. 43 1449 § 24-83 ATLANTIC BEACH CODE Sec. 24-83. Required yards and permitted projections into required yards. (a) Required yards. Unless otherwise specified in this chapter, every part of a required yard shall be open and unobstructed from the established grade to the sky, except for structures that do not exceed thirty (30) inches in height. (b) Structural projections. Architectural features such as eaves and cornices, and cantilevered bay windows, open balconies and porches may project a distance not to exceed forty-eight (48) inches into required front and rear yards. Such balconies and porches may be covered, but shall not be enclosed in any manner, except that balconies and porches within rear yards may be enclosed with screening only. Eaves and cornices, cantilevered bay windows, chimneys, and architectural elements intended to create design relief along the side wall plane may project into required side yards, but not beyond twenty-four (24) inches. (c) Mechanical equipment. Equipment such as heating and air conditioning units, p imps, 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 iequiied front yard shall be pi. uvided 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. (d) Special treatment of through lots zoned Commercial, Professional Office (CPO), Commercial Limited (CL), Commercial General (CG), Central Business District (CBD), and Light Industrial and Warehousing (LIW). For double frontage lots that are commercially or industrially zoned and have residentially zoned property across an intervening street, the required front yard shall be provided on each street. Properties along Atlantic Boulevard west of Mayport Road shall be exempt from this requirement due to the Mayport flyover ramp. (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; Ord. No. 95-15-111, § 1, 11-9-15) Supp. No. 43 1450 LAND DEVELOPMENT REGULATIONS § 24-85 Sec. 24-85. Nonconforming lots, uses and structures. (a) Intent. Within the established zoning districts, there exist lots, structures and uses of land that were lawful prior to the adoption or amendment of these land development regulations. Such lots, uses and structures would be prohibited, restricted or regulated through the provisions of this chapter or the adopted comprehensive plan. It is the intent of this section to recognize the legal rights entitled to property owners of existing nonconform- ing lots, uses and structures, and to permit such nonconformities to continue in accordance with Supp. No. 43 1450.1 LAND DEVELOPMENT REGULATIONS § 24-161 (6) Residential uses: Two (2) spaces per dwelling unit. (7) Hospitals, clinics and similar institutional uses: One and one-half (11/2) spaces for each hospital bed. (8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for accessory uses such as restaurants, lounges, etc., plus one (1) employee space per each twenty (20) sleeping units or portion thereof. (9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross floor area. (10) Manufacturing, warehousing and industrial Uses: One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each company vehicle operating from the premises. (11) Medical office or dental clinic: One (1) space for each two hundred (200) square feet of gross floor area. (12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees. (13) Marinas: One (1) space per boat slip plus one (1) space for each two (2) employees. (14) Professional office uses: One (1) space for each four hundred (400) square feet of gross floor area. (15) Restaurants, bars, nightclubs: One (1) space for each four (4) seats. Any outdoor seating where service occurs shall be included. (16) Rooming and boardinghouses: One (1) space for each guest bedroom. (17) Schools and educational uses. a. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen. b. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff member. (18) Vocational, trade and business schools: One (1) space for each three hundred (300) square feet of gross floor area. (19) Child care centers: Two (2) spaces for each employee, plus a clearly designated drop-off and pick up area. (20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross floor area. (21) Assisted living, senior care and similar housing for the elderly where residents do not routinely drive or maintain vehicles on the property: One (1) space for each four (4) occupant accommodations. Supp. No. 43 1493 § 24461 ATLANTIC BEACH CODE (i) Off-street loading spaces. Off-street loading and delivery spaces shall be provided that are adequate to serve the use such that interference with routine parking, pedestrian activity and daily business operations is avoided. Where possible, loading and delivery areas should be located at the rear of a site and shall not be required to back into a public right-of-way. (j) Additional requirements for multi -family residential uses. New multi -family residential development shall provide adequate area designated for parking of routine service vehicles such as used by repair, contractor and lawn service companies. For new multi -family development located east of Seminole Road, three (3) spaces per dwelling unit shall be required in order to accommodate increased parking needs resulting from beach -going visitors. (k) Bicycle parking. All new development including any redevelopment or expansion that requires any change or reconfiguration of parking areas, except for single- and two-family residential uses, shall provide bicycle parking facilities on the same site, and such facilities shall be located as close to the building entrance as possible, in accordance with the following: (1) Bicycle parking facilities shall be separated from vehicular parking areas by the use of a fence, curb or other such barrier so to protect parked bicycles from damage by cars. (2) Provision to lock or secure bicycles in a stable position without damage to wheels, frames or components shall be provided. Bicycle parking shall be located in areas of high visibility that are well -lighted. (1) Parking areas and tree protection. Where protected trees exist within a prnpnsed parking area, and where more than ten (10) spaces are required, the city manager may reduce the number of required spaces solely for the purpose of preserving such protected trees. An acceptable tree protection plan shall be provided to and approved by the city manager. (m) [Illumination values.] Illumination values at the property line of a new commercial or industrial development or redevelopment shall not be more than 0.2 fc at any point when a project is located next to any residential use or residentially zoned property. The illumina- tion values at the property line of a project adjacent to any other use shall not be more than 1.0 fc. Compliance with these criteria shall not be required between two (2) adjacent nonresidential properties of like zoning or use classification provided that the properties are under the same ownership, or have common parking areas or driveways. At canopied areas, such as those found at drive-through facilities, service stations, convenience centers, and car -washes, lighting under the canopy, awning, porte cochere, or similar structure shall be either recessed or cut-off fixtures. The city may require a lighting plan in order to determine compliance with this section. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 95-15-111, § 1, 11-9-15) Supp. No. 43 1494 LAND DEVELOPMENT REGULATIONS § 24-162 Sec. 24-162. Parking lots. Off-street parking lots may be a permissible use -by -exception in all nonresidential zoning districts where such lots are within four hundred (400) feet of the property requiring off-street parking and provided such parking lots shall also conform to the following: (a) A wall, fencing, shrubbery or as otherwise required by the community development board and the city commission shall be erected along edges of portions of such parking. (b) No source of illumination for the parking area shall be directly visible from any window in any residence in an adjoining residential zoning district. (c) There shall be no sales, service or business activity of any kind in any parking area. (d) Parking spaces along sidewalks shall use curb stops to limit the encroachment of the parked vehicle into the pedestrian walkway. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Supp. No. 43 1494.1 LAND DEVELOPMENT REGULATIONS § 24-177 (2) Specialized vehicular use areas closed to the public. Five (5) percent of VUAs used for storage areas for new, used or rental vehicles and boats; motor vehicle service facilities; motor freight terminals; and other transportation, warehousing and truck operations not generally open to the public shall be landscaped. (3) Criteria for distribution. Landscape areas shall be distributed throughout the VUA in such a manner as to provide visual relief from broad expanses of pavement and at strategic points to channel and define vehicular and pedestrian circulation. Landscape areas shall contain the following: a. At least twenty-five (25) percent of the Landscape areas shall be covered with shrubs; the remainder in shrubs, groundcover, mulch or grass. Shrubs shall be spaced on three-foot spacing. b. Not less than one (1) tree for every four thousand (4,000) square feet of the VUA. (4) Each row of parking spaces shall be terminated by a landscape island with inside dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) feet long if a double row of parking. Each terminal island shall contain one (1) tree. Each side of the terminal island adjacent to a travel lane shall have a continuous six-inch high curb of concrete or other appropriate permanent material. The use of depressed rain gardens or bioswales in parking lot landscaping is strongly encouraged. Curb stops, rather than continuous curb, may be used to allow runoff to flow to the landscaped area. (5) If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area near the perimeter of the VUA or adjacent to the building on the property, so long as the landscape area is within twenty (20) feet of the perimeter of the VUA. (d) Perimeter landscaping requirements. (1) Street frontage landscaping. All VUA that are not entirely screened by an interven- ing building from any abutting dedicated public street or approved private street, to the extent such areas are not so screened, shall contain the following: a. A landscape area of not less than ten (10) square feet for each linear foot of VUA street frontage, fifty (50) percent of which shall be at least a five -foot -wide strip abutting the street right-of-way except for driveways. The remaining required landscape area shall be located within twenty-five (25) feet of the street right-of-way. b. A durable opaque landscape screen along at least seventy-five (75) percent of the street frontage, excluding driveways. Shrubs, walls, fences, earth mounds and preserved existing under -story vegetation, or combination thereof, may be used so long as the screen is no less than three (3) feet high measured from the Supp. No. 43 1509 § 24-177 ATLANTIC BEACH CODE property line grade. Walls or fences shall be no more than four (4) feet in height and of wood or masonry at least eighty-five (85) percent opaque. Earth mounds shall not exceed a slope of three (3) to one (1). No less than twenty-five (25) percent of street side frontage of walls or fences shall be landscaped with shrubs or vines. c. No less than one (1) tree, located within twenty-five (25) feet of the street right-of-way, for each twenty-five (25) linear feet, or fraction thereof, of WA street frontage. The trees may be clustered, but shall be no more than fifty (50) feet apart. If an overhead power line abuts the street frontage, then the required trees reaching a mature height greater than twenty-five (25) feet shall be located at least fifteen (15) [feet] away from the power line. d. The remainder of the landscape area shall be landscaped with trees, shrubs, ground covers, grass, or mulch. e. Landscape areas required by this section shall not be used to satisfy the interior landscape requirements; however, the gross area of the perimeter landscaping which exceeds the minimum requirements may be used to satisfy the interior landscape requirements. f. If a utility right-of-way separates the VUA from the public street or approved private street, the perimeter landscaping requirements of this section shall still apply. (2) Perimeter landscaping adjacent to lot lines. All vehicular use areas that are not entirely screened by an intervening building from an abutting property, to the extent such areas are not screened, shall contain the following: A continpo us landscape area at least five (5) fent widn between the \TUTAo nd the abutting property, landscaped with shrubs, ground covers, preserved existing vegetation, mulch and grass. b. No less than one (1) tree, located within twenty-five (25) feet of the outside edge of the VUA, for every fifty (50) linear feet, or fraction thereof, of the distance the VUA abuts the adjacent property. Trees may be clustered, but shall be no more than seventy-five (75) feet apart. c. A buffer wall between incompatible land uses as required by subsection (g), if applicable. d. If an alley separates the VUA from the abutting property, the perimeter landscaping requirements shall still apply. (3) Existing landscape screen. If an existing landscape screen has been established on abutting property, then it may be used to satisfy the requirements of this section, so long as the existing landscape screen is abutting the common lot line, and it meets all applicable standards of this section. (4) Driveways to streets. The maximum width of any driveway not containing a landscaped island through the perimeter landscape area shall be thirty-six (36) feet. Supp. No. 43 1510 LAND DEVELOPMENT REGULATIONS § 24-177 The maximum width of any driveway containing a landscaped island through the perimeter landscape area shall be forty-eight (48) feet and the driveway shall contain a landscaped island which measures not less than eight (8) feet in width (from back of curb to back of curb), surrounded by a six-inch continuous raised curb, or other alternative approved by the director. In no event shall more than fifty (50) percent of any street frontage be paved, nor shall the provisions of this section be applied to reduce the permitted driveway width to less than twenty-four (24) feet. (5) Driveways to adjoining lots. Driveways may be permitted by the community development director to adjoining lots of compatible use. (6) If a joint driveway easement is provided between adjacent property, then the required perimeter landscaping for each property shall be provided between the drive and any other vehicular use areas. (7) If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area. (e) Buffers required between incompatible or different use classifications. (1) Where incompatible or different Use classifications are adjacent, without an intervening street, a buffer strip shall be required between such uses. Such buffer strip shall be at least ten (10) feet in width the entire length of all such common lot lines and shall be required in the following circumstances: a. Multiple -family dwelling use or zoning districts, three (3) or more attached units when adjacent to single-family dwelling(s) or lands zoned for single- family dwelling. b. Office use or zoning districts, when adjacent to single-family or multiple -family dwellings, mobile home parks or subdivisions or lands zoned for single-family or multiple -family dwellings, mobile home parks or subdivisions. c. Mobile home park use or zoning districts, when adjacent to single-family dwellings, multiple -family dwellings and office uses, or lands zoned for single- family dwellings, multiple -family dwellings or offices. d. Commercial and institutional uses or zoning districts, when adjacent to single-family dwellings, multi -family dwellings or mobile home parks or mobile home subdivision uses or lands zoned for single-family dwellings, multi -family dwellings or mobile home parks or mobile home subdivisions. e. Industrial uses or zoning districts, when adjacent to any nonindustrial uses or zoning districts other than agricultural land uses or zoning districts. Supp. No. 43 1511 § 24-177 ATLANTIC BEACH CODE (2) Required buffers shall at a minimum contain the following landscape materials: a. Trees. The total tree count required within the buffer strip shall be one (1) tree for each twenty-five (25) linear feet of required buffer strip, or majority portion thereof. b. Ground cover Grass or other ground cover shall be planted on all areas of the buffer strip. c. Visual screen. A visual screen running the entire length of common boiundaries shall be installed within the buffer strip, except at permitted access ways. The visual screen may be a wood or masonry wall, landscaping, earth mounds or combination thereof. Earth mounds shall not exceed a slope of three (3) to one (1). If a visual screen which satisfies all applicable standards exists on adjacent property abutting the property line or exists between the proposed development on the site and the common property line, then it may be used to satisfy the visual screen requirements. d. Prevailing requirement. Whenever parcels are subject to both the perimeter landscaping requirements and buffer strip requirements of the article, the latter requirements shall prevail. e. Hardship. If the community development director determines that the construc- tion of a landscape buffer area required by this section shall create an unreasonable hardship, the director may approve a buffer area with a width no less than five (5) feet, provided such buffer area meets the visual screening requirements of this section. (3) The rAn1aired ht ffer strip shall not he iiaed for principal nr crecaory nce anal structures, vehicular use areas, dumpster pads, signs, equipment, or storage. (f) Landscape design standards. (1) Minimum tree requirements shall comply with subsection 23-17(c). (2) A minimum of fifty (50) percent of all required trees shall be shade trees. (3) Trees required for vehicular use area landscaping may be used to fulfill the tree requirements of this section. (4) Standards for landscape materials. a. Plants and trees shall meet the criteria of chapter 23, subsection 23-17(e)(2)a. b. Fifty (50) percent of the trees may be nonshade trees or trees with a mature canopy of fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten (10) feet overall height. Trees shall not be planted closer than two (2) feet from any pavement edge or right-of-way line, as measured from center of trunk. Shade trees shall not be planted closer than four (4) feet from any pavement edge or right-of-way line, as measured from center of trunk Supp. No. 43 1512 LAND DEVELOPMENT REGULATIONS § 24-177 c. Palms may be substituted for the required trees at the ratio of two (2) palms for each required tree or four (4) palms for each required shade tree. Palms shall be a minimum clear trunk height of eight (8) feet, measured from the ground level to the base of the palm. d. Criteria for shrubs, vines and ground covers. Hedges and shrubs used to form an opaque screen shall be no less than a three -gallon container [of] grown material or equivalent balled and burlap material. e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid sod shall be used on grass areas within street rights-of-way disturbed by construction, in swales, on slopes of four (4) to one (1) or greater, and on other areas subject to erosion. When permanent seed is sown during its dormant season, an annual winter grass shall also be sown for immediate effect and protection until permanent coverage is achieved. f. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead leaves and pine straw, shall be applied and maintained in all tree, shrub, and ground cover planting areas and bare preserved natural areas. General cleanup. At the completion of work, construction trash and debris shall be removed and disturbed areas shall be fine -graded and landscaped with shrubs, ground cover, grass or two (2) inches of mulch. g. (g) Maintenance and protection of landscaping. (1) Maintenance. The property owner shall be responsible for the maintenance of all landscaped areas, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, free of refuse, debris and weeds. Failure to maintain required landscape areas or to replace within thirty (30) days all required landscaping which is dead, irreparably damaged, or fails to meet the standards of this section, shall be deemed a violation of these land development regulations and subject to code enforcement procedures. (2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system. Irrigation systems shall include moisture or rain sensors. (3) Tree pruning. Required trees shall be allowed to develop into their natural habit of growth. Trees may be pruned to maintain health and vigor by removal of dead, weak, damaged or crowded limbs, diseased and insect -infested limbs, and branches which rub other branches. (h) Intersection visibility. Where an access way intersects with another access way within a vehicular use area, or where an access way is located within a vehicular use area, or where an access way intersects with a street right-of-way, cross visibility within the sight triangle, as defined in this chapter shall be unobstructed at a level between two (2) and eight (8) feet, above elevation of adjacent pavement. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 95-15-111, § 1, 11-9-15) Supp. No. 43 1513 § 24-178 ATLANTIC BEACH CODE DIVISION 9. FLORIDA -FRIENDLY LANDSCAPING AND LANDSCAPE IRRIGATION Sec. 24-178. Purpose and intent. The Florida Legislature finds that the use of Florida -friendly landscaping and other water conservation and pollution prevention measures intended to conserve or protect the state's water resources serve a compelling public interest and that the participation of homeowners' associations and local governments is essential to the state's efforts in water conservation and water quality protection and restoration, and that Florida -friendly landscaping designs offer significant potential for water conservation benefits. It is the intent of the Florida Legislature to improve landscape irrigation water use efficiency by ensuring that landscape irrigation systems meet or exceed minimum design criteria by requiring local governments to implement regulations to that end. (Ord. No. 90-10-213, § 1(Exh. A), 10-25-10) Sec. 24-179. Florida -friendly landscaping defined. Florida -friendly landscaping means quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance. (Ord. No. 90-10-213, § 1(Exh. A), 10-25-10) Sec. 24-180. Definitions. The following definitions are to be used in addition to and in conjunction with those contained in sections 24-17 and 24-176 of this chapter and also chapter 23, protection of trees and native vegetation, of [the] City Code. Automatic irrigation system shall mean an artificial watering system with a program- mable controller or timing mechanism designed to automatically transport and deliver water to plants. Emitter shall mean the sprinkler head or other device that discharges water from an irrigation system. High volume irrigation shall mean an irrigation system that does not limit the delivery of water directly to the root zone and which has a minimum flow rate per emitter of thirty (30) gallons per hour (gph) or one-half (.5) gallons per minute (gpm) or greater. High water use hydrozones contain plants that require supplemental watering on a regular basis throughout the year including turf and lawn grasses. Supp. No. 43 1514 LAND DEVELOPMENT REGULATIONS § 24-181 Hydrozone shall mean an irrigation watering zone in which plant materials with similar water needs are grouped together. Hydrozone plan shall mean a graphical depiction of the low, moderate and high water use irrigation zones on a lot or parcel and a general reference to the types of plants intended to be placed in each zone. Irrigation zone shall mean the grouping together of any type of watering emitter and irrigation equipment operated simultaneously by the control of a timer and a single valve. Landscaped area as used in this division shall mean the vegetated area of a lot or parcel including planted and natural areas. Low volume or micro irrigation shall mean an irrigation system designed to limit the delivery of water within the root zone. Examples include drip, micro, trickle and soaker systems. Native vegetation shall mean any plant species with a geographic distribution indigenous to all or part of the State of Florida as identified in: Wunderlin, R.P.1998, Guide to the Vascular Plants of Florida. University Press of Florida, Gainsville. (Ord. No. 90-10-213, § 1(Exh. A), 10-25-10) Sec. 24-181. [General provisions.] (a) Applicability. Where an automatic irrigation system is required by this Code or installed at the option of the property owner, the provisions of this section shall apply to the following. (the term lot(s) and parcel(s) may be used interchangeably.) (1) Previously undeveloped lots and the common landscaped areas of new subdivisions; or (2) Where new irrigation systems are installed on previously developed lots; or (3) When more than fifty (50) percent of the irrigation system on a lot is replaced. Fifty (50) percent shall be construed to mean more than half the length of lateral irrigation lines or more than half of the emitters. Except as set forth above, these provisions shall not be construed to require changes to permitted or properly installed existing irrigation systems or to landscaping existing as of the effective date of this division. These provisions shall also not apply to bonafide agricultural, greenhouse or nursery activities or to golf courses or athletic fields. (b) Appropriate plant selection, location and arrangement. (1) Plant selection. Plants used for Florida -friendly lawns and landscaping should be based upon the plant's compatibility with existing conditions of the site including soil type, moisture and light conditions and size at maturity. Consideration should be given to drought and freeze tolerance plants, and where site conditions are suitable, preference in trees should be given to native vegetation and hardwoods that create shade. Appropriate plants are described within the Florida -friendly Plant List Supp. No. 43 1514.1 § 24-181 ATLANTIC BEACH CODE published by the University of Florida, Extension Institute of Food and Agricultural Sciences (IFAS) or as may be found in other qualified sources of horticultural information. (2) Location and arrangement. A key component to saving water and promoting plant health is to group plants in hydrozones according to their water needs. Factors such as soil, climate, sunlight and salt tolerance should also guide the grouping and selection of plants. Low, moderate and high water use hydrozones are described by the following characteristics: a. Low water use hydrozones contain plants that rarely require supplemental watering and that are drought tolerant during extreme dry periods such as native shrubs and vegetation, established trees and ground covers and wooded areas. b. Moderate water use hydrozones contain plants that once established require irrigation every two to three weeks in the absence of rainfall or when they show visible stress such as wilted foliage or pale color. These are typically perennials, seasonal plants and flower beds. c. High water use hydrozones contain plants that require supplemental watering on a regular basis throughout the year. These areas include turf and lawn grasses and are typically characterized as high visibility focal points of a landscaping design where high volume irrigation is used. (3) Turf and lawn grasses. Irrigated grass and turf areas shall be considered as high water use hydrozones, and shall be located so that they can be watered using separate irrigation zones. These areas should be consolidated to locations where the fungi iona] need Palls for lawn and where site conditions are conducive to the health and maintenance of grasses rather than considered as just a fill-in area. For example, despite all efforts, lawn grasses will rarely grow to be healthy and lush under the heavy shade of a dense tree canopy which is emblematic of Atlantic Beach, while ferns, certain ground covers and low -growing native plants flourish with little attention. (4) Irrigation system design. Automatic irrigation systems shall be designed to meet the requirements of Appendix F of the Florida Plumbing Code, as adopted by chapter 6, article IV of City Code and also the requirements of section 22-39 of City Code. The following shall also be incorporated into the automatic irrigation system design: a. High water use hydrozones shall be located on a separate irrigation zone. b. High volume irrigation is limited to sixty (60) percent of the total landscaped area of the lot. For lawns and turf areas that exceed sixty (60) percent of the total landscaped area of the lot, low volume irrigation may be used as needed. c. At least one (1) moisture sensor shall be located in each irrigation zone. d. Emitters shall be sized and spaced to avoid excessive overspray on to impervious surfaces. Supp. No. 43 1514.2 LAND DEVELOPMENT REGULATIONS § 24-181 (c) Hydrozone plans. Where an automatic irrigation system is installed and an irrigation system permit is required, a hydrozone plan shall be submitted in accordance with the following. Hydrozone plans can be prepared by a properly licensed and qualified contractor or by the property owner. (1) For new single-family or two-family dwellings, or for previously developed lots installing a new or modified irrigation system per preceding paragraph (a)(3), the Supp. No. 43 1514.2.1 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 95-15-111 11- 9-15 Added 24-84(d) Added 24-161(m) 24-177(d)(1)c. 33-16-21 4-25-16 1 2-22 45-16-22 5-23-16 1 18-2-18-4 18-6-18-8 2 20-53, 20-54 20-56 [The next page is 2043] Supp. No. 43 2009