AB Code Supplement 44SUPPLEMENT NO. 44
July 2018
CODE OF ORDINANCES
City of
ATLANTIC BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this time
through:
Ordinance No. 90-18-234, enacted June 11, 2018.
See the Code Comparative Table—Ordinances for further information.
Included in the Charter is:
Ordinance No. 33-17-22, enacted October 23, 2017.
See the Charter Comparative Table for further information.
Remove Old Pages Insert New Pages
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
17, 18 17, 18
91 91
157-158.2 157-158.2
158.5-162.2 159-162.2.2
175-184 175-184.1
188.7-188.14 188.7-188.14.1
188.21-188.40 188.21-188.40.2
188.55-188.60 188.55 188.60.1
188.69-188.82 188.69-188.87
1107, 1108 1107-1108.7
1113-1127 1113-1156.4
1351, 1352 1351-1352.2
1365-1370 1365-1370
1381 1381-1388
1403-1404.3 1403-1404.3
1409-1432.6 1409-1432.14
1465-1472 1465-1472.1
1497, 1498 1497-1498.4
INSTRUCTION SHEET—Cont'd.
Remove Old Pages Insert New Pages
1505, 1506 1505-1506.4
2009 2009, 2010
2053-2056 2053-2056
2101-2106 2101-2106.1
2111-2116 2111-2116.1
2123-2144 2123-2144.1
2149-2164 2149-2164.2
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@municode.com 1800.262.2633
www.municode.com
OFFICIALS
of the
CITY OF
ATLANTIC BEACH, FLORIDA
Ellen Glasser
Mayor
M. Blythe Waters
Mayor Pro Tem / Commissioner
John M. Stinson
Candace Kelly
Brittany Norris
City Commissioners
Brenna Durden
Lewis, Longman & Walker, P.A.
City Attorney
Joe Gerrity
City Manager
Donna L. Bartle
City Clerk
Supp. No. 44 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. 44 ix
ATLANTIC BEACH CODE
Chapter Page
Art. IV. 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 188.30
Div. 5. Defined Contribution Plan 188.84
Art. VII. Finance 188.86
Div. 1. Generally 188.86
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
Art. I. In General
Supp. No. 44 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 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. 44 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
Art. I. General Provisions 1108.1
Art. II. Utility Placement Within City Rights -of -Way 1114
Art. III. Communications Facilities in Public Rights -
of -Way 1116
20. Taxation 1157
Art. I. In General 1157
Art. II. Public Service Tax 1157
Div. 1. Generally 1157
Div. 2. Telephone Service 1159
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
Supp. No. 44 xii
TABLE OF CONTENTS-Cont'd.
Chapter Page
Div. 6. Powers and Authority of Inspectors 1294
Div. 7. Sewer User Rates and Charges 1295
Div. 8. Sewer System Extensions 1299
Art. IV. Stormwater Management 1301
Div. 1. Generally 1301
Div. 2. Rates and Charges 1305
Art. V. Reclaimed Water System 1308
23. Protection of Trees and Native Vegetation 1351
Art. I In General 1352.1
Art II. Language and Definitions 1352.2
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 1428
Div. 1. In General 1428
Div. 2. Administration 1428
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 1506.4
Div. 9. Florida -Friendly Landscaping and
Landscape Irrigation 1513
Div. 10. Florida -Friendly Use of Fertilizer on Urban
Landscapes 1514.3
Art. IV. 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. VI. Concurrency Management System 1540
Div. 1. Concurrency Management System 1540
Supp. No. 44 xiii
ATLANTIC BEACH CODE
Page
Code Comparative Table -1970 Code 1983
Code Comparative Table—Ordinances 1987
Code Comparative Table—Laws of Florida 2043
Statutory Reference Table 2053
Charter Index 2081
Code Index 2101
Supp. No. 44 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 44 79 5, Add.
v, vi OC 91 44
vii, viii 1 103, 104 OC
ix, x 44 105, 106 OC
xi, xii 44 107, 108 13
xiii, xiv 44 155, 156 41
SH:1, SH:2 44 157, 158 44
1, 2 42 158.1, 158.2 44
3 42 158.3, 158.4 41
5, 6 42 159, 160 44
7, 8 42 161, 162 44
9, 10 42 162.1, 162.2 44
11, 12 42 162.2.1, 162.2.2 44
13, 14 42 162.3, 162.4 43
15, 16 42 162.5 43
17, 18 44 163, 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. 44
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
171, 172 39 188.47, 188.48 41
172.1, 172.2 39 188.49, 188.50 41
172.3, 172.4 39 188.51, 188.52 41
172.5, 172.6 39 188.53, 188.54 41
173, 174 40 188.55, 188.56 44
175, 176 44 188.57, 188.58 44
177, 178 44 188.59, 188.60 44
179, 180 44 188.60.1 44
181, 182 44 188.61, 188.62 40
183, 184 44 188.63, 188.64 40
184.1 44 188.65, 188.66 40
185, 186 41 188.67, 188.68 40
187, 188 41 188.69, 188.70 44
188.1, 188.2 41 188.71, 188.72 44
188.3, 188.4 41 188.73, 188.74 44
188.5, 188.6 41 188.75, 188.76 44
188.7, 188.8 44 188.77, 188.78 44
188.9, 188.10 44 188.79, 188.80 44
188.11, 188.12 44 188.81, 188.82 44
188.13, 188.14 44 188.83, 188.84 44
188.14.1 44 188.85, 188.86 44
188.15, 188.16 40 188.87 44
188.17, 188.18 40 189, 190 35
188.19, 188.20 40 191, 192 35
188.21, 188.22 44 193, 194 35
188.23, 188.24 44 195, 196 35
188.25, 188.26 44 197, 198 35
188.27, 188.28 44 199, 200 35
188.29, 188.30 44 201, 202 35
188.31, 188.32 44 203 35
188.33, 188.34 44 245, 246 30
188.35, 188.36 44 247, 248 35
188.37, 188.38 44 299, 300 40
188.39, 188.40 44 301, 302 40
188.40.1, 188.40.2 44 303, 304 40
188.41, 188.42 41 305, 306 40
188.43, 188.44 41 307, 308 40
188.45, 188.46 41 309, 310 40
[2]
Supp. No. 44
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
311, 312 40 541, 542 40
313, 314 40 543, 544 40
315, 316 40 545, 546 40
317, 318 40 547, 548 40
353, 354 33 549, 550 40
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
[3]
Supp. No. 44
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
995, 996 26 1149, 1150 44
997, 998 40 1151, 1152 44
999, 1000 40 1153, 1154 44
1001, 1002 40 1155, 1156 44
1003, 1004 39 1156.1, 1156.2 44
1005, 1006 39 1156.3, 1156.4 44
1007, 1008 39 1157, 1158 33
1009, 1010 39 1159, 1160 33
1011, 1012 42 1161, 1162 33
1013 42 1163, 1164 43
1055, 1056 43 1165, 1166 40
1057, 1058 43 1167, 1168 40
1059 43 1169, 1170 40
1107, 1108 44 1171, 1172 40
1108.1, 1108.2 44 1173, 1174 40
1108.3, 1108.4 44 1175, 1176 40
1108.5, 1108.6 44 1177, 1178 40
1108.7 44 1179, 1180 42
1109, 1110 37 1221, 1222 41
1111, 1112 31 1223, 1224 41
1113, 1114 44 1225, 1226 41
1115, 1116 44 1227, 1228 41
1117, 1118 44 1229, 1230 41
1119, 1120 44 1231, 1232 41
1121, 1122 44 1233 41
1123, 1124 44 1235, 1236 21
1125, 1126 44 1237, 1238 21
1127, 1128 44 1239, 1240 40
1129, 1130 44 1241, 1242 40
1131, 1132 44 1243, 1244 40
1133, 1134 44 1245 40
1135, 1136 44 1275, 1276 41
1137, 1138 44 1277, 1278 41
1139, 1140 44 1278.1, 1278.2 41
1141, 1142 44 1278.3, 1278.4 41
1143, 1144 44 1279, 1280 38
1145, 1146 44 1281, 1282 38
1147, 1148 44 1283, 1284 41
[4]
Supp. No. 44
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
1284.1, 1284.2 41 1377, 1378 37
1284.3, 1284.4 41 1379, 1380 37
1284.5, 1284.6 41 1381, 1382 44
1285, 1286 OC 1383, 1384 44
1286.1, 1286.2 23 1385, 1386 44
1287 23 1387, 1388 44
1288.1 16 1403, 1404 44
1289, 1290 OC 1404.1, 1404.2 44
1291, 1292 OC 1404.3 44
1293, 1294 OC 1404.5 41
1295, 1296 38 1405, 1406 37
1297, 1298 38 1407, 1408 37
1298.1, 1298.2 36 1409, 1410 44
1299, 1300 OC 1411, 1412 44
1301, 1302 11 1413, 1414 44
1303, 1304 11 1415, 1416 44
1305, 1306 11 1417, 1418 44
1307, 1308 41 1419, 1420 44
1309, 1310 41 1421, 1422 44
1311, 1312 41 1423, 1424 44
1313, 1314 41 1425, 1426 44
1315 41 1427, 1428 44
1351, 1352 44 1429, 1430 44
1352.1, 1352.2 44 1431, 1432 44
1353, 1354 42 1432.1, 1432.2 44
1355, 1356 42 1432.3, 1432.4 44
1357, 1358 42 1432.5, 1432.6 44
1359, 1360 42 1432.7, 1432.8 44
1361, 1362 42 1432.9, 1432.10 44
1363, 1364 42 1432.11, 1432.12 44
1365, 1366 44 1432.13, 1432.14 44
1367, 1368 44 1433, 1434 37
1369, 1370 44 1435, 1436 37
1371, 1372 37 1437, 1438 37
1373, 1374 42 1439, 1440 37
1375, 1376 42 1441, 1442 37
1376.1, 1376.2 42 1443, 1444 37
1376.3, 1376.4 42 1445, 1446 40
[5]
Supp. No. 44
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1446.1 40 1501, 1502 37
1447, 1448 37 1503, 1504 37
1449, 1450 43 1505, 1506 44
1450.1 43 1506.1, 1506.2 44
1451, 1452 37 1506.3, 1506.4 44
1453, 1454 37 1507, 1508 37
1455, 1456 37 1509, 1510 43
1457, 1458 37 1511, 1512 43
1459, 1460 37 1513, 1514 43
1461, 1462 37 1514.1, 1514.2 43
1463, 1464 37 1514.2.1 43
1465, 1466 44 1514.3, 1514.4 41
1467, 1468 44 1514.5, 1514.6 41
1469, 1470 44 1514.7, 1514.8 41
1471, 1472 44 1514.9, 1514.10 41
1472.1 44 1515, 1516 37
1473, 1474 37 1517, 1518 37
1475, 1476 37 1519, 1520 37
1477, 1478 37 1521, 1522 37
1479, 1480 40 1523, 1524 37
1481, 1482 40 1525, 1526 37
1482.1 40 1527, 1528 37
1483, 1484 37 1529, 1530 37
1485, 1486 37 1531, 1532 37
1487, 1488 38 1533, 1534 3
1488.1, 1488.2 38 1535, 1536 37
1488.3, 1488.4 38 1537, 1538 37
1488.5, 1488.6 38 1539, 1540 37
1488.7 38 1541, 1542 37
1489, 1490 37 1543, 1544 37
1491, 1492 37 1983, 1984 OC
1493, 1494 43 1985 OC
1494.1 43 1987, 1988 OC
1495, 1496 37 1989, 1990 OC
1497, 1498 44 1991, 1992 2
1498.1, 1498.2 44 1993, 1994 6
1498.3, 1498.4 44 1995, 1996 13
1499, 1500 37 1997, 1998 18
[6]
Supp. No. 44
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
1999, 2000 24 2145, 2146 40
2001, 2002 30 2147, 2148 41
2003, 2004 37 2149, 2150 44
2005, 2006 37 2151, 2152 44
2007, 2008 41 2153, 2154 44
2009, 2010 44 2155, 2156 44
2043 OC 2157, 2158 44
2053, 2054 44 2159, 2160 44
2055, 2056 44 2161, 2162 44
2081, 2082 42 2163, 2164 44
2083, 2084 42 2164.1, 2164.2 44
2085, 2086 42 2165, 2166 40
2087, 2088 42 2167, 2168 40
2101, 2102 44 2169, 2170 41
2103, 2104 44
2105, 2106 44
2106.1 44
2107, 2108 41
2109, 2110 40
2111, 2112 44
2113, 2114 44
2115, 2116 44
2116.1 44
2117, 2118 41
2119, 2120 40
2121, 2122 40
2123, 2124 44
2125, 2126 44
2127, 2128 44
2129, 2130 44
2131, 2132 44
2133, 2134 44
2135, 2136 44
2137,2138 44
2139, 2140 44
2141, 2142 44
2143, 2144 44
2144.1 44
[7]
Supp. No. 44
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.
3ate...
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. 44
SH:1
ATLANTIC BEACH CODE
Ord. No.
Date
Adopted
Ineludedl
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
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
33-17-22
10-23-17
Included
44
58-17-40
4-24-17
Included
44
58-17-41
4-24-17
Included
44
5-17-64
7-24-17
Included
44
90-17-228
10- 9-17
Included
44
65-17-39
12-11-17
Included
44
5-18-65
2-26-18
Included
44
90-18-231
4- 9-18
Included
44
90-18-233
6-11-18
Included
44
90-18-234
6-11-18
Included
44
Supp. No. 44
SH:2
CHARTER § 40
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing
signatures. Each signature appended thereto was made in my presence and is the genuine
signature of the person whose name it purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS:
Any signature made earlier than 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 even -numbered year on the same day as Florida's Primary
Election for that year, 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
Supp. No. 44 17
§ 40 ATLANTIC BEACH CODE
candidate 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; Ord. No. 33-17-22, § 2, 10-23-17)
Sec. 41. Elections: General.
A regular or general election of candidates or nominees to the office of city commissioner
shall be held every even -numbered year on the same day as Florida's General Election for
that year, 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; Ord. No. 33-17-22, § 2, 10-23-17)
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,
ea„u, u at a location as decided by fie Duval iuUlty 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
appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the
polls, such
Supp. No. 44
18
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
33-17-22 10-23-17 2 40, 41
{The next page is 103]
Supp. No. 44 91
ADMINISTRATION
Secs. 2-152-2-160. Reserved.
Division 3. Nuisance Control Board
Sec. 2-161. Created.
Sec. 2-162. Membership.
Sec. 2-163-2-166. Reserved.
Sec. 2-167. Complaints; hearings; declaration of public nuisance.
Sec. 2-168. Permanent injunctions.
Sec. 2-169. Restrictions.
Secs. 2-170-2-225. Reserved.
Article VI. Employee Benefits
Division 1. Generally
Secs. 2-226-2-240. Reserved.
Division 2. Old -Age and Survivors Insurance
Sec. 2-241. Statement of policy.
Sec. 2-242. Execution of agreements by mayor -commissioner.
Sec. 2-243. Withholdings from wages.
Sec. 2-244. Appropriations and payment of contributions by city.
Sec. 2-245. Records and reports.
Sec. 2-246. Exclusions.
Sec. 2-247. Acceptance of Social Security Act.
Sec. 2-248. Designation of custodian of funds and withholding and reporting agent.
Secs. 2-249-2-260. Reserved.
Division 3. General Employees' Retirement System
Sec. 2-261. Definitions.
Sec. 2-262. Membership.
Sec. 2-263. Board of trustees.
Sec. 2-264. Finances and fund management.
Sec. 2-265. Contributions.
Sec. 2-266. Benefit amounts and eligibility.
Sec. 2-267. Pre -retirement death.
Sec. 2-268. Disability.
Sec. 2-269. Vesting.
Sec. 2-270. Optional forms of benefits.
Sec. 2-271. Beneficiaries.
Sec. 2-272. Claims procedures.
Sec. 2-273. Roster of retirees.
Sec. 2-274. Maximum pension.
Sec. 2-275. Minimum distribution of benefits.
Sec. 2-276. Miscellaneous provisions.
Sec. 2-277. Domestic relations orders; retiree directed payments; exemption from execu-
tion, non -assignability.
Sec. 2-278. Pension validity.
Supp. No. 44 157
ATLANTIC BEACH CODE
Sec. 2-279. Forfeiture of pension.
Sec. 2-280. Indemnification.
Sec. 2-281. Direct transfers of eligible rollover distributions.
Sec. 2-282. Family and Medical Leave Act.
Sec. 2-283. Military service prior to employment.
Sec. 2-284. Prior government service.
Sec. 2-285. Reemployment after retirement.
Sec. 2-286. Deferred retirement option plan.
Secs. 2-287-2-299. Reserved.
Division 4. Police Officers' Retirement System
Sec. 2-300. Definitions.
Sec. 2-301. Membership.
Sec. 2-302. Board of trustees.
Sec. 2-303. Finances and fund management.
Sec. 2-304. Contributions.
Sec. 2-305. Benefit amounts and eligibility.
Sec. 2-306. Pre -retirement death.
Sec. 2-307. Disability.
Sec. 2-308. Vesting.
Sec. 2-309. Optional forms of benefits.
Sec. 2-310. Beneficiaries.
Sec. 2-310.1. Claims procedures.
Sec. 2-310.2. Reports to division of retirement.
Sec. 2-310.3. Roster of retirees.
Sec. 2-310.4. Maximum pension.
Sec. 2-310.5. Minimum distribution of benefits.
Sec. 2-310.6. Miscellaneous provisions.
Sec. 2-310.7. Repeal or termination of system.
Sec. 2-310.8. Domestic relations orders; retiree directed payments; exemption from execu-
tion, non -assignability.
Sec. 2-310.9. Pension validity.
Sec. 2-310.10. Forfeiture of pension.
Sec. 2-310.11. Conviction and forfeiture; false, misleading or fraudulent statements.
Sec. 2-310.12. Indemnification.
Sec. 2-310.13. Direct transfers of eligible rollover distributions.
Sec. 2-310.14. Family and Medical Leave Act.
Sec. 2-310.15. Military service prior to employment.
Sec. 2-310.16. Prior police service.
Sec. 2-310.17. Reemployment after retirement.
Sec. 2-310.18. Deferred retirement option plan.
Sec. 2-310.19. Supplemental benefit component for special benefits; chapter 185 share
accounts.
Division 5. Defined Contribution Plan
Sec. 2-310.20. Eligibility and membership requirements.
Sec. 2-310.21. Plan year.
Sec. 2-310.22. Normal retirement age.
Sec. 2-310.23. Variable employer match of voluntary participant contributions.
Supp. No. 44
158
ADMINISTRATION
Sec. 2-310.24. Contribution provisions.
Sec. 2-310.25. Earnings.
Sec. 2-310.26. Vesting provisions.
Sec. 2-310.27. Withdraws and loans.
Sec. 2-310.28. Spousal protection.
Sec. 2-310.29. Administrative provisions.
Article VII. Finance
Division 1. Generally
Sec. 2-311. Fiscal year.
Sec. 2-312. Allotments, constitute basis of expenditures and are subject to revision.
Sec. 2-313. Transfers of appropriations.
Sec. 2-314. When contracts and expenditures prohibited.
Sec. 2-315. Encumbrances.
Sec. 2-316. Fees shall be paid to city government.
Sec. 2-317. Dishonored checks.
Secs. 2-318-2-330. Reserved.
Division 2. Purchasing
Sec. 2-331. Bids -When required.
Sec. 2-332. Same -Notices inviting.
Sec. 2-333. Same -Deposits or bonds.
Sec. 2-334. Same -Opening procedure.
Sec. 2-335. Same -Award of contract.
Sec. 2-336. Same -Exceptions.
Sec. 2-337. Open market procedures.
Sec. 2-338. Scope of purchasing authority.
Sec. 2-339. Payments.
Secs. 2-340-2-355. Reserved.
Division 3. Uniform Travel Policy and Procedure
Sec. 2-356. Definitions.
Sec. 2-357. Authority to incur travel and business expenses.
Sec. 2-358. Funding.
Sec. 2-359. Expense forms and regulations.
Sec. 2-360. Schedule for meal allowance and accommodations.
Sec. 2-361. Subsistence.
Sec. 2-362. Transportation.
Sec. 2-363. Authorized travel.
Sec. 2-364. Reimbursable incidental expenses.
Sec. 2-365. Auditing.
Sec. 2-366. Fraudulent claims.
Division 4. Service and User Charges
Sec. 2-367. Authorization.
Sec. 2-368. Fees and charges.
Supp. No. 44
158.1
ATLANTIC BEACH CODE
Secs. 2-369-2-399. Reserved.
Article VIII. Emergency Management
Division 1. Generally
Sec. 2-400. Overcharging prohibited.
Sec. 2-401.
Sec. 2-402.
Sec. 2-403.
Sec. 2 404.
Sec. 2-405.
Sec. 2-406.
Sec. 2-407.
Sec. 2-408.
Sec. 2-409.
Division 2. Comprehensive Emergency Management Plan
Legislative administrative intent and findings/adoption of comprehensive
emergency management plan.
Definition of emergency.
Authority to declare states of local emergency.
Proclamation; term.
Emergency management plans; proclamation to activate.
Effect and purpose of state of local emergency.
Limit of authority.
Administrative rules.
Violation; penalties.
Supp. No. 44 158.2
ADMINISTRATION § 2-19
Sec. 2-18. Quorum.
Three (3) members of the city commission shall constitute a quorum, but a less number
may adjourn from time to time until a quorum is present.
(Code 1970, § 2-4)
Sec. 2-19. Rules of conduct and procedure at meetings.
The following rules shall govern procedure and conduct of city commission meetings:
(1) Rule 1. The mayor -commission shall preside at all meetings of the city commission,
call the members to order at the hour appointed for each meeting and, upon the
appearance of a quorum, proceed to business. He shall have general control of the
chamber and in case of disturbance or disorderly conduct therein, he may cause the
same to be cleared. The mayor shall preserve decorum and order, may speak to
points of order in preference to other members, and shall decide all questions
relating to the priority of business or of order, without debate, subject to appeal to the
city commission by any member as a matter of course, and on the appeal, it shall
require a majority vote of the members to sustain the appeal.
(2) Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and
nays on any question shall be taken upon the request of any one (1) member. The roll
call shall be conducted as follows: The city clerk shall arrange the names of the
members of the city commission in alphabetical order, and each call of the roll shall
be restated in a manner so that upon each call thereof, he will commence with the
member's name that was called second upon the preceding roll call, and thereafter
proceed to call the roll according to alphabetical order; except, that the mayor -
commissioner's name shall be called last.
(3) Rule 3. When a member is called to order, he shall immediately take his seat, and the
presiding officer shall pass upon the point of order.
(4) Rule 4. No member shall speak at any meeting more than twice on the same
question, or more than five (5) minutes at any one time.
(5) Rule 5. No member shall be interrupted by another without the consent of the
member who has the floor, except by rising to a question of order.
(6) Rule 6. No member shall absent himself from the meeting before adjournment for
more than five (5) minutes at a time without leave of the presiding officer.
(7) Rule 7. The order of business shall be as follows:
a. Approval of minutes of preceding meetings;
b. Courtesy of floor to any visitors who desire to bring a matter to the city
commission's attention;
c. City manager reports;
d. Reports and/or requests from city commissioners;
Supp. No. 44 159
§ 2-19 ATLANTIC BEACH CODE
e. Unfinished business of preceding meeting;
f. Consent agenda;
g. Report of committees;
h. Action on resolutions;
i. Action on ordinances;
j. Miscellaneous business;
k. City Attorney/city clerk reports and/or requests; and
1. Closing comments by city commissioners and city manager, if desired.
(8) Rule 8. The mayor -commissioner may appoint, from time to time, such special or
select committees as in his discretion he deems desirable, or as may be desired by the
city commission, to expedite the handling of the business and affairs of the city.
(9) Rule 9. It shall be the duty of all committees to report on every subject referred to
them at the next regular meeting following the reference; provided, the city
commission may direct a report to be made at an intervening adjourned meeting. If
any committee fails to report on any matter as required, they may be relieved of
further consideration of the matter, and it be otherwise disposed of by the city
commission.
(10) Rule 10. Upon every matter referred to a committee, the committee or a majority
thereof shall meet for inquiry or deliberation, and no report of or concerning the
matter shall be made unless a majority of the committee shall have signed the same.
(111 Rule 11. It shall he the duty of the chairman or vire-chairman of all committePq to
which any pending matters have been referred to cause their committee to meet to
consider and dispose of its pending business, and as far as practicable, to give
advance notice of the time and place of such meeting to all members of the city
commission, the city clerk, city manager and other persons known to be interested in
favor of, or opposed to, the particular matters proposed to be considered.
(12) Rule 12. All reports of committees shall be in writing and shall be filed by the city
clerk. All special reports shall state the facts substantially appearing before the
committee.
(13) Rule 13. Upon the reading of petitions and communications and upon introduction of
bills and resolutions other than those appearing upon the official agenda, the
presiding officer shall order same received or filed or referred to proper committees,
and the order made shall prevail unless motion for other disposition of the matter in
question shall be made and prevail.
(14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed
as to clearly indicate the substance of the contents. Its reference or other disposition
shall be endorsed on it by the city clerk.
Supp. No. 44 160
ADMINISTRATION § 2-19
(15) Rule 15. Proposed ordinances may be introduced at any meeting of the city
commission, provided the same are prepared in written or printed form. Unless
copies of the proposed ordinances shall have been previously delivered to the
mayor -commissioner and each member of the city commission at least three (3) days
prior to the meeting at which they are introduced, no action on the passage of the
same shall be taken at the meeting at which introduced except by unanimous consent
of all members of the city commission present. The city manager, city clerk and city
attorney shall, when requested by the mayor -commissioner or any member of the city
commission, exert their best efforts to assist in the preparation of proposed
ordinances and cause copies thereof to be delivered to the mayor -commissioner and
each member of the city commission at least three (3) days prior to the next
scheduled meeting of the city commission following the request.
(16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and nays
shall be taken upon the disposition made at each reading thereof, and shall be
entered upon the journal of the proceedings of the city commission.
(17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment
thereto may be withdrawn by the mover or the proposer at any time before
amendment or putting it to a vote.
(18) Rule 18. The city manager shall furnish each member of the city commission with a
list of unfinished business of the preceding meetings, and a separate list of
unfinished business generally, in the order of its introduction, and a separate list of
new matters expected to be presented at the meeting, prior to every meeting.
(19) Rule 19. The city manager shall submit regular written monthly reports to the city
commission.
(20) Rule 20. After the decision of any question, it shall be in order only for a member
voting on the prevailing side to move a reconsideration at the same or next regular
meeting. If a motion to reconsider is lost, it shall not be renewed and reconsidered
without the unanimous consent of the city commission in attendance at the meeting
at which reconsideration is requested.
(21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special
reasons by a vote of the majority of the members of the city commission present.
(22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order"
shall be the book of reference, and its rules, so far as they are applicable and not in
conflict with the provisions of the city's Charter, this Code or other city ordinances,
shall be the rules of the city commission.
(23) Rule 23. The mayor pro tem shall exercise the duties and powers of the mayor -
commissioner during his absence or disability.
(24) Rule 24. It shall be the duty of the city clerk or her/his designee to attend all
meetings of the city commission and to record and keep the minutes and records
thereof. The minutes of such meetings shall be promptly recorded for public
Supp. No. 44 161
§ 2-19 ATLANTIC BEACH CODE
inspection as required by state law. It shall be the duty of the mayor -commissioner,
and in his absence, the mayor pro tem or other city commissioner, to see that the
proceedings of every meeting are properly and promptly recorded by the city clerk or
her/his designee, and the record of every meeting shall be signed, when approved, by
the city clerk or her/his designee and the mayor -commissioner or the mayor pro tem
or other city commissioner who presided thereat.
(25) Rule 25. Any city commissioner or charter officer may request that any motion be
presented in writing.
(26) Rule 26. The city commission may take action on a matter which, because of time
constraints, has not been included on the agenda for their meeting, if such matter is
declared to be an emergency by the affirmative votes of the majority of the members
of the city commission. The passage of emergency ordinances and resolutions,
however, shall be in accordance with Section 18 of the City Charter.
(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; Ord.
No. 5-18-65, § 2(Exh. A), 2-26-18)
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
Supp. No. 44 162
ADMINISTRATION § 2-22
annual salary of the mayor to nine thousand three hundred ninety-two dollars and four cents
($9,392.04) and to reduce the annual salary of the commissioners to five thousand seven
hundred sixteen dollars and thirty-two cents ($5,716.32) with the next pay adjustment under
this section being on October 1, 2010, if appropriate.
(c) This review and increase in basic salary does not negate an annual cost of living
increase that might be awarded each year to all city employees.
(Laws of Fla., Ch. 57-1126, § 7; Ord. No. 5-75-3, § 3, 12-22-75; Ord. No. 5-83-9, § 1, 11-14-83;
Ord. No. 5-00-33, § 1, 8-28-00; Ord. No. 5-02-39, § 1, 10-14-02; Ord. No. 5-06-45, § 1, 2-27-06;
Ord. No. 5-06-45, § 1, 2-27-06; Ord. No. 5-07-47, § 1, 9-24-07; Ord. No. 5-09-51, § 1, 9-28-09)
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) Seat 2. District 1308 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 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
Supp. No. 44 162.1
§ 2-22 ATLANTIC BEACH CODE
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
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
Supp. No. 44 162.2
ADMINISTRATION § 2-22
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.
(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 llth 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
Supp. No. 44 162.2.1
§ 2-22 ATLANTIC BEACH CODE
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. 44 162.2.2
ADMINISTRATION § 2-261
Average final compensation means one -twelfth (V12) of the average salary of the five (5)
best consecutive years of the last ten (10) years of credited service years of credited service
prior to retirement, termination, or death, or the career average as a full-time general
employee, whichever is greater. A year shall be twelve (12) consecutive months.
Beneficiary means the person or persons entitled to receive benefits hereunder at the
death of a member who has or have been designated in writing by the member and filed with
the board. If no such designation is in effect, or if no person so designated is living, at the
time of death of the member, the beneficiary shall be the estate of the member, except as
provided by section 2-267, pre -retirement death.
Board means the board of trustees, which shall administer and manage the system herein
provided and serve as trustees of the fund.
City means City of Atlantic Beach, Florida.
Credited Service means the total number of years and fractional parts of years of service
as a general employee with member contributions, when required, omitting intervening
years or fractional parts of years when such member was not employed by the city as a
general employee. If a vested member leaves the employ of the city, his accumulated
contributions will be returned only upon his written request. If a member who is not vested
is not reemployed as a general employee with the city within five (5) years, his accumulated
contributions, if one thousand dollars ($1,000.00) or less, shall be returned. If a member who
is not vested is not reemployed within five (5) years, his accumulated contributions, if more
than one -thousand dollars ($1,000.00), will be returned only upon the written request of the
member and upon completion of a written election to receive a cash lump sum or to rollover
the lump sum amount on forms designated by the board. Upon return of a member's
accumulated contributions, all of his rights and benefits under the system are forfeited and
terminated.
The years or parts of a year that a member performs "qualified military service" consisting
of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed
Services Employment and Reemployment Rights Act (USERRA) (P.L. 103-353), after
separation from employment as a general employee to perform training or service, shall be
added to his years of credited service for all purposes, including vesting, provided that:
(1) The member is entitled to reemployment under the provisions of USERRA.
(2) The member returns to his employment as a general employee within the time frame
as allowed by USERRA following the earlier of the date of his military discharge or
his release from service, unless otherwise required by USERRA. Employment as a
general employee to perform training or service, shall be added to his years of
credited service for all purposes, including vesting, provided that:
a. The member is entitled to reemployment under the provisions of USERRA.
Supp. No. 44 175
§ 2-261 ATLANTIC BEACH CODE
b. The member returns to his employment as a general employee within the time
frame as allowed by USERRA following the earlier of the date of his military
discharge or his release from service, unless otherwise required by USERRA.
c. The member deposits into the fund the same sum that the member would have
contributed, if any, if he had remained a general employee during his absence.
The maximum credit for military service pursuant to this subdivision shall be
five (5) years. The member must deposit all missed contributions within a
period equal to three (3) times the period of military service, but not more than
five (5) years, following re-employment or he will forfeit the right to receive
credited service for his military service pursuant to this paragraph.
d. This paragraph is intended to satisfy the minimum requirements of USERRA.
To the extent that this paragraph does not meet the minimum standards of
USERRA, as it may be amended from time to time, the minimum standards
shall apply.
In the event a member dies on or after January 1, 2007, while performing USERRA
Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other
than benefit accruals relating to the period of qualified military service) as if the member
had resumed employment and then died while employed.
Beginning January 1, 2009, to the extent required by IRC section 414(u)(12), an individual
receiving differential wage payments (as defined under IRC section 3401(h)(2)) from an
employer shall be treated as employed by that employer, and the differential wage payment
shall be treated as compensation for purposes of applying the limits on annual additions
under IRC section 415(c). This provision shall be applied to all similarly situated individuals
in a reasonably equivalent manner.
Leave conversions of unused accrued paid time off shall not be permitted to be applied
toward the accrual of credited service either during each plan year of a member's
employment with the city or in the plan year in which the member terminates employment.
Effective date means June 10, 2013.
Fund means the trust fund established herein as part of the system.
General employee means any actively employed person in the regular full-time or regular
part-time service of the city, including those in their initial probationary employment period,
but not including:
(1) Certified police officers employed by the city;
(2) Any city employee who is employed in a position normally requiring less than one
thousand (1,000) hours of work per annum;
(3) Any city managerial or professional employee who is employed pursuant to an
individual contract of employment which does not provide for the employee's
participation in this retirement system;
Supp. No. 44 176
ADMINISTRATION § 2-261
(4) Elected officials of the city;
(5) Positions which are compensated on a basis not subject to the withholding of federal
income taxes or FICA taxes by the city;
(6) Temporary employees.
(7) Retirees reemployed as a part-time employee and subject to section 2-285.
IRC means the Internal Revenue Code of 1986, as amended from time to time.
Member means an actively employed general employee who fulfills the prescribed
membership requirements. Benefit improvements which, in the past, have been provided for
by amendments to the system adopted by city ordinance, and any benefit improvements
which might be made in the future shall apply prospectively and shall not apply to members
who terminate employment or who retire prior to the effective date of any ordinance
adopting such benefit improvements, unless such ordinance specifically provides to the
contrary.
Plan year means the twelve-month period beginning October 1 and ending September 30
of the following year.
Retiree means a member who has entered retirement status.
Retirement means a member's separation from city employment with eligibility for
immediate receipt of benefits under the system or entry into the deferred retirement option
plan.
Salary means the compensation for services rendered to the city as a general employee
reportable on the member's W-2 form plus all tax deferred, tax sheltered or tax exempt items
of income derived from elective employee payroll deductions or salary reductions. Compensa-
tion shall include base salary or wages, longevity pay, performance bonuses, overtime pay,
compensatory time, cost of living payments and salary or wages while absent from work on
account of paid personal leave or holidays. Compensation shall not include redemptions or
payments in consideration of unused personal leave, the value of any fringe benefit, uniform
allowances, equipment allowances, reimbursement of expenses, or any other item not
specifically included. For service earned after April 8, 2013 (the "effective date"), salary shall
not include more than three hundred (300) hours of overtime per calendar year. Provided
however, in any event, payments for overtime in excess of three hundred (300) hours per year
accrued as of the effective date and attributable to service earned prior to the effective date,
may still be included in salary for pension purposes even if the payment is not actually made
until on or after the effective date.
Compensation in excess of the limitations set forth in section 401(a)(17) of the IRC as of
the first day of the plan year shall be disregarded for any purpose, including employee
contributions or any benefit calculations. The annual compensation of each member taken
into account in determining benefits or employee contributions for any plan year beginning
on or after January 1, 2002, may not exceed two hundred thousand dollars ($200,000.00), as
adjusted for cost -of -living increases in accordance with IRC section 401(a)(17)(B). Compensa-
Supp. No. 44 177
§ 2-261 ATLANTIC BEACH CODE
tion means compensation during the fiscal year. The cost -of -living adjustment in effect for a
calendar year applies to annual compensation for the determination period that begins with
or within such calendar year. If the determination period consists of fewer than twelve (12)
months, the annual compensation limit is an amount equal to the otherwise applicable
annual compensation limit multiplied by a fraction, the numerator of which is the number of
months in the short determination period, and the denominator of which is twelve (12). If the
compensation for any prior determination period is taken into account in determining a
member's contributions or benefits for the current plan year, the compensation for such prior
determination period is subject to the applicable annual compensation limit in effect for that
prior period. The limitation on compensation for an "eligible employee" shall not be less than
the amount which was allowed to be taken into account hereunder as in effect on July 1,
1993. "Eligible employee" is an individual who was a member before the first plan year
beginning after December 31, 1995.
Spouse means the member's or retiree's spouse under applicable law at the time benefits
become payable.
System means the City of Atlantic Beach General Employees' Retirement System as
contained herein and all amendments thereto.
(b) Masculine gender. The masculine gender, where used herein, unless the context
specifically requires otherwise, shall include both the feminine and masculine genders.
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-17-41, § 1, 4-24-17)
Sec. 2-262. Membership.
(a) Conditions of eligibility. All general employees hired prior to September 1, 2008, shall
continue as members of this system SS a condition of employment
(b) General employees hired on or after September 1, 2008, shall no longer be eligible for
membership in the system. Such members shall participate in a defined contribution
retirement plan established by the city. The accumulated contributions of such members will
be transferred to a 457 plan.
(c) The system shall be closed to new members effective June 23, 2013.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-263. Board of trustees.
(a) The sole and exclusive administration of and responsibility for the proper operation of
the system and for making effective the provisions of this article is hereby vested in a board
of trustees. The board is hereby designated as the plan administrator. The board shall
consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal
residents of the city, who shall be appointed by the Atlantic Beach City Commission, and two
(2) of whom shall be members of the system, who shall be elected by a majority of the general
employees who are members of the system. The fifth trustee shall be a resident of the city
and shall be chosen by a majority of the previous four (4) trustees as provided for herein, and
Supp. No. 44 178
ADMINISTRATION § 2-263
such person's name shall be submitted to the Atlantic Beach City Commission. Upon receipt
of the fifth person's name, the Atlantic Beach City Commission shall confirm the appoint-
ment to the board as its fifth trustee. The fifth trustee shall have the same rights as each of
the other four (4) trustees appointed or elected as herein provided and shall serve a four-year
term unless he sooner vacates the office. Each resident trustee shall serve as trustee for a
period of four (4) years, unless he sooner vacates the office or is sooner replaced by the
Atlantic Beach City Commission at whose pleasure he shall serve. Each member trustee
shall serve as trustee for a period of four (4) years, unless he sooner leaves the employment
of the city as a general employee or otherwise vacates his office as trustee, whereupon a
successor shall be chosen in the same manner as the departing trustee. A vacancy shall occur
on the board if any member shall resign or any employee representative ceases to be
employed by the city. A vacancy shall occur on the board if any trustee fails to attend three
(3) consecutive meetings of the board unless, in each case, excused for cause by the trustees
attending the meeting. Each trustee may succeed himself in office. DROP participants can
be elected as but not vote for elected trustees. The board shall establish and administer the
nominating and election procedures for each election. The board shall meet at least
quarterly each year. The board shall be a legal entity with, in addition to other powers and
responsibilities contained herein, the power to bring and defend lawsuits of every kind,
nature, and description.
(b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a
secretary. The secretary of the board shall keep minutes of the actions, proceedings, or
hearings of the board. The trustees shall not receive any compensation as such, but may
receive expenses and per diem as provided by law.
(c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes
shall be necessary for any decision by the trustees at any meeting of the board. A trustee
shall abstain from voting as the result of a conflict of interest and shall comply with the
provisions of F.S. § 112.3143.
(d) The board shall engage such actuarial, accounting, legal, and other services as shall
be required to transact the business of the system. The compensation of all persons engaged
by the board and all other expenses of the board necessary for the operation of the system
shall be paid from the fund at such rates and in such amounts as the board shall agree.
(e) The duties and responsibilities of the board shall include, but not necessarily be
limited to, the following:
(1) To construe the provisions of the system and determine all questions arising
thereunder.
(2) To determine all questions relating to eligibility and membership.
(3) To determine and certify the amount of all retirement allowances or other benefits
hereunder.
(4) To establish uniform rules and procedures to be followed for administrative
purposes, benefit applications and all matters required to administer the system.
Supp. No. 44 179
§ 2-263 ATLANTIC BEACH CODE
(5) To distribute to members, at regular intervals, information concerning the system.
(6) To receive and process all applications for benefits.
(7) To authorize all payments whatsoever from the fund, and to notify the disbursing
agent, in writing, of approved benefit payments and other expenditures arising
through operation of the system and fund.
(8) To have performed actuarial studies and valuations, at least as often as required by
law, and make recommendations regarding any and all changes in the provisions of
the system.
(9) To perform such other duties as are required to prudently administer the system.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-264. Finances and fund management.
Establishment and operation of fund.
(a) As part of the system, there is hereby established the fund, into which shall be
deposited all of the contributions and assets whatsoever attributable to the system,
including the assets of the prior general employees' retirement system.
(b) The actual custody and supervision of the fund (and assets thereof) shall be vested in
the board. Payment of benefits and disbursements from the fund shall be made by the
disbursing agent but only upon written authorization from the board.
(c) All funds of the general employees' retirement system may be deposited by the board
with the finance director of the city, acting in a ministerial capacity only, who shall be liable
in the same manner and to the same extent as he is liable for the safekeeping of funds for the
city. Y.LU VV (.yV1, cilly 1U11Ct0 G.3 LLV ViY1 VVs1 YY 11.11 t11a. 111YGlii.c. L11 ✓✓bili 01 the city- shall UV 11Opi. lex Gt
separate fund by the finance director or clearly identified as such funds of the general
employees' retirement system. In lieu thereof, the board shall deposit the funds of the
general employees' retirement system in a qualified public depository as defined in F.S.
§ 280.02, which depository with regard to such funds shall conform to and be bound by all of
the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibili-
ties as set forth herein, the board may retain the services of a custodian bank, an investment
advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such
required registration, an insurance company, or a combination of these, for the purposes of
investment decisions and management. Such investment manager shall have discretion,
subject to any guidelines as prescribed by the board, in the investment of all fund assets.
(d) All funds and securities of the system may be commingled in the fund, provided that
accurate records are maintained at all times reflecting the financial composition of the fund,
including accurate current accounts and entries as regards the following:
(1) Current amounts of accumulated contributions of members on both an individual
and aggregate account basis; and
(2) Receipts and disbursements; and
Supp. No. 44 180
ADMINISTRATION § 2-264
(3) Benefit payments; and
(4) Current amounts clearly reflecting all monies, funds and assets whatsoever attribut-
able to contributions and deposits from the city; and
(5) All interest, dividends and gains (or losses) whatsoever; and
(6) Such other entries as may be properly required so as to reflect a clear and complete
financial report of the fund.
(e) An audit shall be performed annually by a certified public accountant for the most
recent fiscal year of the system showing a detailed listing of assets and a statement of all
income and disbursements during the year. Such income and disbursements must be
reconciled with the assets at the beginning and end of the year. Such report shall reflect a
complete evaluation of assets on both a cost and market basis, as well as other items
normally included in a certified audit.
(f) The board shall have the following investment powers and authority:
(1) The board shall be vested with full legal title to said fund, subject, however, and in
any event to the authority and power of the Atlantic Beach City Commission to
amend or terminate this fund, provided that no amendment or fund termination
shall ever result in the use of any assets of this fund except for the payment of
regular expenses and benefits under this system, except as otherwise provided
herein. All contributions from time to time paid into the fund, and the income
thereof, without distinction between principal and income, shall be held and
administered by the board or its agent in the fund and the board shall not be required
to segregate or invest separately any portion of the fund.
(2) All monies paid into or held in the fund shall be invested and reinvested by the board
and the investment of all or any part of such funds shall be subject to the following:
a. Notwithstanding any limitation in prior city ordinances to the contrary, all
monies paid into or held in the fund may be invested and reinvested in such
securities, investment vehicles or property wherever situated and of whatever
kind, as shall be approved by the board, including but not limited to common or
preferred stocks, bonds, and other evidences of indebtedness or ownership.
b. The board shall develop and adopt a written investment policy statement
setting forth permissible types of investments, goals and objectives of invest-
ments and setting quality and quantity limitations on investments in accordance
with the recommendations of its investment consultants. The investment policy
statement shall be reviewed by the board at least annually.
c. In addition, the board may, upon recommendation by the board's investment
consultant, make investments in group trusts meeting the requirements of
Internal Revenue Service Revenue Ruling 81-100, Revenue Ruling 2011-1, IRS
Notice 2012-6 and Revenue Ruling 2014-24 or successor rulings or guidance of
similar import, and operated or maintained exclusively for the commingling
Supp. No. 44 181
§ 2-264 ATLANTIC BEACH CODE
and collective investment of monies, provided that the funds in the group trust
consist exclusively of trust assets held under plans qualified under IRC section
401(a), individual retirement accounts that are exempt under IRC section
408(e), eligible governmental plans that meet the requirements of IRC section
457(b), and governmental plans under IRC section 401(a)(24). For this purpose,
a trust includes a custodial account or a separate tax favored account
maintained by an insurance company that is treated as a trust under IRC
section 401(f) or under IRC section 457(g)(3). While any portion of the assets of
the fund are invested in such a group trust, such group trust is itself adopted as
a part of the system or plan.
1. Any collective or common group trust to which assets of the fund are
transferred pursuant to subsection c. shall be adopted by the board as part
of the plan by executing appropriate participation, adoption agreements,
and/or trust agreements with the group trust's trustee.
2. The separate account maintained by the group trust for the plan pursuant
to subsection c. shall not be used for, or diverted to, any purpose other than
for the exclusive benefit of the members and beneficiaries of the plan.
3. For purposes of valuation, the value of the separate account maintained by
the group trust for the plan shall be the fair market value of the portion of
the group trust held for the plan, determined in accordance with generally
recognized valuation procedures.
(3) At least once every three (3) years, and more often as determined by the board, the
board shall retain a professionally qualified independent consultant to evaluate the
performance of all current investment managers and make recommendations
regarding the retention of all such investment managers. These recommendations
shall be considered by the board at its next regularly scheduled meeting.
(4) The board may retain in cash and keep unproductive of income such amount of the
fund as it may deem advisable, having regard for the cash requirements of the
system.
(5) Neither the board nor any trustee shall be liable for the making, retention or sale of
any investment or reinvestment made as herein provided, nor for any loss or
diminishment of the fund, except that due to his or its own negligence, willful
misconduct or lack of good faith.
(6) The board may cause any investment in securities held by it to be registered in or
transferred into its name as trustee or into the name of such nominee as it may
direct, or it may retain them unregistered and in form permitting transferability, but
the books and records shall at all times show that all investments are part of the
fund.
(7) The board is empowered, but is not required, to vote upon any stocks, bonds, or
securities of any corporation, association, or trust and to give general or specific
Supp. No. 44 182
ADMINISTRATION § 2-264
proxies or powers of attorney with or without power of substitution; to participate in
mergers, reorganizations, recapitalizations, consolidations, and similar transactions
with respect to such securities; to deposit such stock or other securities in any voting
trust or any protective or like committee with the trustees or with depositories
designated thereby; to amortize or fail to amortize any part or all of the premium or
discount resulting from the acquisition or disposition of assets; and generally to
exercise any of the powers of an owner with respect to stocks, bonds, or other
investments comprising the fund which it may deem to be to the best interest of the
fund to exercise.
(8) The board shall not be required to make any inventory or appraisal or report to any
court, nor to secure any order of court for the exercise of any power contained herein.
(9) Where any action which the board is required to take or any duty or function which
it is required to perform either under the terms herein or under the general law
applicable to it as trustee under this article, can reasonably be taken or performed
only after receipt by it from a member, the city, or any other entity, of specific
information, certification, direction or instructions, the board shall be free of liability
in failing to take such action or perform such duty or function until such information,
certification, direction or instruction has been received by it.
(10) Any overpayments or underpayments from the fund to a member, retiree or
beneficiary caused by errors of computation shall be adjusted with interest at a rate
per annum approved by the board in such a manner that the actuarial equivalent of
the benefit to which the member, retiree or beneficiary was correctly entitled, shall
be paid. Overpayments shall be charged against payments next succeeding the
correction or collected in another manner if prudent. Underpayments shall be made
up from the fund in a prudent manner. Overpayments to a deceased retiree,
beneficiary or joint annuitant of less than one (1) monthly payment resulting from
the death of the retiree, beneficiary or joint annuitant shall not be recouped.
(11) The board shall sustain no liability whatsoever for the sufficiency of the fund to meet
the payments and benefits provided for herein.
(12) In any application to or proceeding or action in the courts, only the board shall be a
necessary party, and no member or other person having an interest in the fund shall
be entitled to any notice or service of process. Any judgment entered in such a
proceeding or action shall be conclusive upon all persons.
(13) Any of the foregoing powers and functions reposed in the board may be performed or
carried out by the board through duly authorized agents, provided that the board at
all times maintains continuous supervision over the acts of any such agent; provided
further, that legal title to said fund shall always remain in the board.
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-17-41, § 2, 4-24-17)
Supp. No. 44 183
§ 2-265 ATLANTIC BEACH CODE
Sec. 2-265. Contributions.
(a) Member contributions.
(1) Amount. Each member of the system shall be required to make regular contributions
to the fund in the amount of five (5) percent of his salary. Effective on June 23, 2013,
each member shall be required to make regular contributions to the fund in the
amount of six (6) percent of his salary. Member contributions withheld by the city on
behalf of the member shall be deposited with the board immediately after each pay
period. The contributions made by each member to the fund shall be designated as
employer contributions pursuant to section 414(h) of the IRC. Such designation is
contingent upon the contributions being excluded from the members' gross income
for Federal Income Tax purposes. For all other purposes of the system, such
contributions shall be considered to be member contributions.
(2) Method. Such member contributions shall be made by payroll deduction.
(b) City contributions. So long as this system is in effect, the city shall make at least
quarterly contributions to the fund in an amount equal to the required city contribution, as
shown by the applicable actuarial valuation of the system.
(c) Other. Private donations, gifts and contributions may be deposited to the fund, but
such deposits must be accounted for separately and kept on a segregated bookkeeping basis.
Funds arising from these sources may be used only for additional benefits for members, as
determined by the board, and may not be used to reduce what would have otherwise been
required city contributions.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-266. Benefit amounts and eligibility.
(a) Normal retirement age and date. A member's normal retirement age is the attainment
of age sixty (60) and the completion of five (5) years of credited service. Each member shall
become one hundred (100) percent vested in his accrued benefit at normal retirement age. A
member's normal retirement date shall be the first day of the month coincident with or next
following the date the member retires from the city after attaining normal retirement age.
(b) Normal retirement benefit. A member retiring hereunder on or after his normal
retirement date shall receive a monthly benefit which shall commence on the first day of the
month coincident with or next following his retirement and be continued thereafter during
member's lifetime and ceasing upon death. The monthly retirement benefit shall equal:
(1) For members hired before April 24, 2005, two and eighty-five one -hundredths (2.85)
percent of average final compensation, for each year of credited service;
(2) For members hired on or after April 24, 2005, two and one-half (2.5) percent of
average final compensation, for each year of credited service.
Supp. No. 44 184
ADMINISTRATION § 2-266
(c) Early retirement date. A member may retire on his early retirement date which shall
be the first day of any month coincident with or next following the attainment of age fifty-five
(55) and the completion of five (5) years of credited service.
Early retirement under the system is retirement from the city on or after the early
retirement date and prior to the normal retirement date.
(d) Early retirement benefit. A member retiring hereunder on his early retirement date
may receive either a deferred or an immediate monthly retirement benefit payable in the
same form as for normal retirement as follows:
(1) A deferred monthly retirement benefit which shall commence on what would have
been his normal retirement date determined based upon his actual years of credited
service and shall be continued on the first day of each month thereafter. The amount
of each such deferred monthly retirement benefit shall be determined in the same
manner as for retirement on his normal retirement date, determined based upon his
actual years of credited service, except that credited service and average final
compensation shall be determined as of his early retirement date; or
(2) An immediate monthly retirement benefit which shall commence on his early
retirement date and shall be continued on the first day of each month thereafter. The
benefit payable shall be as determined in subparagraph (b) above, and is actuarially
reduced from the amount to which he would have been entitled had he retired on the
date which would have been his normal retirement date determined based on his
actual years of credited service as a general employee and with the same number of
years of credited service as at the time his benefits commence and based on his
average final compensation at that date.
(e) Required distribution date. The member's benefit under this section must begin to be
distributed to the member no later than April 1 of the calendar year following the later of the
calendar year in which the member attains age seventy and one-half (701/2) or the calendar
year in which the member terminates employment with the city.
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-17-41, § 3, 4-24-17)
Supp. No. 44 184.1
ADMINISTRATION § 2-274
(c) Benefits not taken into account. For purposes of this section, the following benefits
shall not be taken into account in applying these limits:
(1) Any ancillary benefit which is not directly related to retirement income benefits;
(2) Any other benefit not required under section 415(b)(2) of the IRC and Regulations
thereunder to be taken into account for purposes of the limitation of IRC section
415(b)(1); and
(3) That portion of any joint and survivor annuity that constitutes a qualified joint and
survivor annuity.
(d) COLA effect. Effective on and after January 1, 2003, for purposes of applying the
limits under IRC section 415(b) (the "limit"), the following will apply:
(1) A member's applicable limit will be applied to the member's annual benefit in the
member's first limitation year of benefit payments without regard to any automatic
cost of living adjustments;
(2) Thereafter, in any subsequent limitation year, a member's annual benefit, including
any automatic cost of living increases, shall be tested under the then applicable
benefit limit including any adjustment to the IRC section 415(b)(1)(A) dollar limit
under IRC section 415(d), and the regulations thereunder; but
(3) In no event shall a member's benefit payable under the system in any limitation year
be greater than the limit applicable at the annuity starting date, as increased in
subsequent years pursuant to IRC section 415(d) and the regulations thereunder.
Unless otherwise specified in the system, for purposes of applying the limits under
IRC section 415(b), a member's applicable limit will be applied taking into
consideration cost of living increases as required by section 415(b) of the IRC and
applicable Treasury Regulations.
(e) Other adjustments in limitations.
(1) In the event the member's retirement benefits become payable before age sixty-two
(62), the limit prescribed by this section shall be reduced in accordance with
regulations issued by the Secretary of the Treasury pursuant to the provisions of IRC
section 415(b) of the IRC, so that such limit (as so reduced) equals an annual straight
life benefit (when such retirement income benefit begins) which is equivalent to a one
hundred sixty thousand dollar ($160,000.00) annual benefit beginning at age
sixty-two (62).
(2) In the event the member's benefit is based on at least fifteen (15) years of credited
service as a full-time employee of the police department of the city, the adjustments
provided for in [subsection] (e)(1) above shall not apply.
(3) The reductions provided for in [subsection] (e)(1) above shall not be applicable to
disability benefits pursuant to section 2-268, or preretirement death benefits paid
pursuant to section 2-267.
Supp. No. 44 188.7
§ 2-274 ATLANTIC BEACH CODE
(4) In the event the member's retirement benefit becomes payable after age sixty-five
(65), for purposes of determining whether this benefit meets the limit set forth in
subsection (a) herein, such benefit shall be adjusted so that it is actuarially
equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be
made in accordance with regulations promulgated by the Secretary of the Treasury
or his delegate.
(f) Less than ten (10) years of participation. The maximum retirement benefits payable
under this section to any member who has completed less than ten (10) years of participation
with the city shall be the amount determined under subsection (a) of this section multiplied
by a fraction, the numerator of which is the number of the member's years of participation
and the denominator of which is ten (10). The reduction provided by this subsection cannot
reduce the maximum benefit below ten (10) percent of the limit determined without regard
to this subsection. The reduction provided for in this subsection shall not be applicable to
preretirement disability benefits paid pursuant to section 2-268, or preretirement death
benefits paid pursuant to section 2-267.
(g) Participation in other defined benefit plans. The limit of this section with respect to
any member who at any time has been a member in any other defined benefit plan as defined
in IRC section 414(j) maintained by the city shall apply as if the total benefits payable under
all city defined benefit plans in which the member has been a member were payable from one
(1) plan.
(h) Ten thousand dollar ($10,000.00) limit; less than ten (10) years of service. Notwithstand-
ing anything in this section 2-274, the retirement benefit payable with respect to a member
shall be deemed not to exceed the limit set forth in this subsection (h) of section 2-274 if the
benefits payable, with respect to such member under this system and under all other
qualified defined benefit pension plans to which the city contributes, do not exceed ten
thousand dollars ($10,000.00) for the applicable limitation year or for any prior limitation
year and the city has not any time maintained a qualified defined contribution plan in which
the member participated; provided, however, that if the member has completed less than ten
(10) years of credited service with the city, the limit under this subsection (h) of section 2-274
shall be a reduced limit equal to ten thousand dollars ($10,000.00) multiplied by a fraction,
the numerator of which is the number of the member's years of credited service and the
denominator of which is ten (10).
(i) Reduction of benefits. Reduction of benefits and/or contributions to all plans, where
required, shall be accomplished by first reducing the member's benefit under any defined
benefit plans in which member participated, such reduction to be made first with respect to
the plan in which member most recently accrued benefits and thereafter in such priority as
shall be determined by the board and the plan administrator of such other plans, and next,
by reducing or allocating excess forfeitures for defined contribution plans in which the
member participated, such reduction to be made first with respect to the plan in which
member most recently accrued benefits and thereafter in such priority as shall be
established by the board and the plan administrator for such other plans provided, however,
Supp. No. 44 188.8
ADMINISTRATION § 2-274
that necessary reductions may be made in a different manner and priority pursuant to the
agreement of the board and the plan administrator of all other plans covering such member.
(j) Service credit purchase limits.
(1) Effective for permissive service credit contributions made in limitation years
beginning after December 31, 1997, if a member makes one (1) or more contributions
to purchase permissive service credit under the system, as allowed in sections 2-283,
and 2-284, then the requirements of this section will be treated as met only if:
a. The requirements of IRC section 415(b) are met, determined by treating the
accrued benefit derived from all such contributions as an annual benefit for
purposes of IRC section 415(b), or
b. The requirements of IRC section 415(c) are met, determined by treating all such
contributions as annual additions for purposes of IRC section 415(c).
For purposes of applying subparagraph (j)(1)a., the system will not fail to meet the
reduced limit under IRC section 415(b)(2)(C) solely by reason of this subparagraph ,
and for purposes of applying subparagraph (j)(1)b. the system will not fail to meet
the percentage limitation under section 415(c)(1)(B) of the IRC solely by reason of
this subparagraph.
(2) For purposes of this subsection the term "permissive service credit" means service
credit:
a. Recognized by the system for purposes of calculating a member's benefit under
the plan;
b. Which such member has not received under the plan; and
c. Which such member may receive only by making a voluntary additional
contribution, in an amount determined under the system, which does not exceed
the amount necessary to fund the benefit attributable to such service credit.
Effective for permissive service credit contributions made in limitation years
beginning after December 31, 1997, such term may, if otherwise provided by the
system, include service credit for periods for which there is no performance of service,
and, notwithstanding clause (j)(2)b., may include service credited in order to provide
an increased benefit for service credit which a member is receiving under the system.
(k) Contribution limits.
(1) For purposes of applying the code section 415(c) limits which are incorporated by
reference and for purposes of this subsection (k), only and for no other purpose, the
definition of compensation where applicable will be compensation actually paid or
made available during a limitation year, except as noted below and as permitted by
Treasury Regulations section 1.415(c)-2, or successor regulations. Unless another
definition of compensation that is permitted by Treasury Regulations section
1.415(c)-2, or successor regulation, is specified by the system, compensation will be
defined as wages within the meaning of IRC section 3401(a) and all other payments
Supp. No. 44 188.9
§ 2-274 ATLANTIC BEACH CODE
of compensation to an employee by an employer for which the employer is required to
furnish the employee a written statement under IRC sections 6041(d), 6051(a)(3) and
6052 and will be determined without regard to any rules under IRC section 3401(a)
that limit the remuneration included in wages based on the nature or location of the
employment or the services performed (such as the exception for agricultural labor in
IRC section 3401(a)(2).
a. However, for limitation years beginning after December 31, 1997, compensation
will also include amounts that would otherwise be included in compensation but
for an election under IRC sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or
457(b). For limitation years beginning after December 31, 2000, compensation
will also include any elective amounts that are not includible in the gross
income of the employee by reason of IRC section 132(0(4).
b. For limitation years beginning on and after January 1, 2007, compensation for
the limitation year will also include compensation paid by the later of two and
one-half (21/2) months after an employee's severance from employment or the
end of the limitation year that includes the date of the employee's severance
from employment if:
1. The payment is regular compensation for services during the employee's
regular working hours, or compensation for services outside the employee's
regular working hours (such as overtime or shift differential), commis-
sions, bonuses or other similar payments, and, absent a severance from
employment, the payments would have been paid to the employee while
the employee continued in employment with the employer; or
2. The payment is for unused accrued bona fide sick, vacation or other leave
tlut the employee ,,,cud have boon able to use if employment had
continued.
c. Back pay, within the meaning of Treasury Regulations section 1.415(c) -2(g)(8),
shall be treated as compensation for the limitation year to which the back pay
relates to the extent the back pay represents wages and compensation that
would otherwise be included under this definition.
(2) Notwithstanding any other provision of law to the contrary, the board may modify a
request by a member to make a contribution to the system if the amount of the
contribution would exceed the limits provided in IRC section 415 by using the
following methods:
a. If the law requires a lump sum payment for the purchase of service credit, the
board may establish a periodic payment deduction plan for the member to avoid
a contribution in excess of the limits under IRC sections 415(c) or 415(n).
b. If payment pursuant to subparagraph (k)(2)a. will not avoid a contribution in
excess of the limits imposed by IRC section 415(c), the board may either reduce
the member's contribution to an amount within the limits of that section or
refuse the member's contribution.
Supp. No. 44 188.10
ADMINISTRATION § 2-275
(3) If the annual additions for any member for a limitation year exceed the limitation
under section 415(c) of the code, the excess annual addition will be corrected as
permitted under the Employee Plans Compliance Resolution System (or similar IRS
correction program).
(4) For limitation years beginning on or after January 1, 2009, a member's compensation
for purposes of this subsection (k) shall not exceed the annual limit under section
401(a)(17) of the code.
(1) Additional limitation on pension benefits. Notwithstanding anything herein to the
contrary:
(1) The normal retirement benefit or pension payable to a retiree who becomes a
member of the system and who has not previously participated in such system, on or
after January 1, 1980, shall not exceed one hundred (100) percent of his average final
compensation. However, nothing contained in this section shall apply to supplemental
retirement benefits or to pension increases attributable to cost -of -living increases or
adjustments.
(2) No member of the system shall be allowed to receive a retirement benefit or pension
which is in part or in whole based upon any service with respect to which the member
is already receiving, or will receive in the future, a retirement benefit or pension from
a different employer's retirement system or plan. This restriction does not apply to
social security benefits or federal benefits under Chapter 1223, Title 10, U.S. Code.
(m) Effect of direct rollover on 415(b) limit. If the plan accepts a direct rollover of an
employee's or former employee's benefit from a defined contribution plan qualified under
Code Section 401(a) which is maintained by the employer, any annuity resulting from the
rollover amount that is determined using a more favorable actuarial basis than required
under Code Section 417(e) shall be included in the annual benefit for purposes of the limit
under Code Section 415(b).
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-14-38, § 2, 8-11-14; Ord. No. 58-17-41, § 4,
4-24-17)
Sec. 2-275. Minimum distribution of benefits.
(a) General rules.
(1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in
accordance with a good faith interpretation of the requirements of IRC section
401(a)(9) and the regulations in effect under that section, as applicable to a
governmental plan within the meaning of IRC section 414(d). Effective on and after
January 1, 2003, the plan is also subject to the specific provisions contained in this
section. The provisions of this section will apply for purposes of determining required
minimum distributions for calendar years beginning with the 2003 calendar year.
(2) Precedence. The requirements of this section will take precedence over any inconsistent
provisions of the plan.
Supp. No. 44 188.11
§ 2-275 ATLANTIC BEACH CODE
(3) TEFRA section 242(b)(2) elections. Notwithstanding the other provisions of this
section other than this subsection (a)(3), distributions may be made under a
designation made before January 1, 1984, in accordance with section 242(b)(2) of the
Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that
related to section 242(b)(2) of TEFRA.
(b) Time and manner of distribution.
(1) Required beginning date. The member's entire interest will be distributed, or begin
to be distributed, to the member no later than the member's required beginning date
which shall not be later than April 1 of the calendar year following the later of the
calendar year in which the member attains age seventy and one-half (701/2) or the
calendar year in which the member terminates employment with the city.
(2) Death of member before distributions begin. If the member dies before distributions
begin, the member's entire interest will be distributed, or begin to be distributed no
later than as follows:
a. If the member's surviving spouse is the member's sole designated beneficiary,
then distributions to the surviving spouse will begin by December 31 of the
calendar year immediately following the calendar year in which the member
died, or by a date on or before December 31 of the calendar year in which the
member would have attained age seventy and one-half (701/2), if later, as the
surviving spouse elects.
b. If the member's surviving spouse is not the member's sole designated beneficiary,
then, distributions to the designated beneficiary will begin by December 31 of
the calendar year immediately following the calendar year in which the member
died.
c. If there is no designated beneficiary as of September 30 of the year following the
year of the member's death, the member's entire interest will be distributed by
December 31 of the calendar year containing the fifth anniversary of the
member's death.
d. If the member's surviving spouse is the member's sole designated beneficiary
and the surviving spouse dies after the member but before distributions to the
surviving spouse begin, this subsection (b)(2), other than subsection (b)(2)a.,
will apply as if the surviving spouse were the member.
For purposes of this subsection (b)(2), distributions are considered to begin on
the member's required beginning date or, if subsection (b)(2)d. applies, the date
of distributions are required to begin to the surviving spouse under subsection
(b)(2)a. If annuity payments irrevocably commence to the member before the
member's required beginning date (or to the member's surviving spouse before
the date distributions are required to begin to the surviving spouse under
subsection (b)(2)a.) the date distributions are considered to begin is the date
distributions actually commence.
Supp. No. 44 188.12
ADMINISTRATION § 2-275
(3) Death after distributions begin. If the member dies after the required distribution of
benefits has begun, the remaining portion of the member's interest must be
distributed at least as rapidly as under the method of distribution before the
member's death.
(4) Form of distribution. Unless the member's interest is distributed in the form of an
annuity purchased from an insurance company or in a single sum on or before the
required beginning date, as of the first distribution calendar year distributions will
be made in accordance with this section. If the member's interest is distributed in the
form of an annuity purchased from an insurance company, distributions thereunder
will be made in accordance with the requirements of section 401(a)(9) of the IRC and
Treasury regulations. Any part of the member's interest which is in the form of an
individual account described in section 414(k) of the IRC will be distributed in a
manner satisfying the requirements of section 401(a)(9) of the IRC and Treasury
regulations that apply to individual accounts.
(c) Determination of amount to be distributed each year.
(1) General requirements. If the member's interest is paid in the form of annuity
distributions under the plan, payments under the annuity will satisfy the following
requirements:
a. The annuity distributions will be paid in periodic payments made at intervals
not longer than one (1) year.
b. The member's entire interest must be distributed pursuant to sections 2-266,
2-267, 2-269, or 2-270 (as applicable) and in any event over a period equal to or
less than the member's life or the lives of the member and a designated
beneficiary, or over a period not extending beyond the life expectancy of the
member or of the member and a designated beneficiary. The life expectancy of
the member, the member's spouse, or the member's beneficiary may not be
recalculated after the initial determination for purposes of determining benefits.
(2) Amount required to be distributed by required beginning date. The amount that must
be distributed on or before the member's required beginning date (or, if the member
dies before distributions begin, the date distributions are required to begin under
section 2-266) is the payment that is required for one (1) payment interval. The
second payment need not be made until the end of the next payment interval even if
that payment interval ends in the next calendar year. Payment intervals are the
periods for which payments are received, e.g., monthly. All of the member's benefit
accruals as of the last day of the first distribution calendar year will be included in
the calculation of the amount of the annuity payments for payment intervals ending
on or after the member's required beginning date.
(3) Additional accruals after first distribution calendar year. Any additional benefits
accruing to the member in a calendar year after the first distribution calendar year
will be distributed beginning with the first payment interval ending in the calendar
year immediately following the calendar year in which such amount accrues.
Supp. No. 44 188.13
§ 2-275 ATLANTIC BEACH CODE
(d) General distribution rules.
(1) The amount of an annuity paid to a member's beneficiary may not exceed the
maximum determined under the incidental death benefit requirement of IRC section
401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008,
the minimum distribution incidental benefit rule under Treasury Regulation section
1.401(a)(9)-6, Q&A -2.
(2) The death and disability benefits provided by the plan are limited by the incidental
benefit rule set forth in IRC section 401(a)(9)(G) and Treasury Regulation section
1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or
disability benefits payable may not exceed twenty-five (25) percent of the cost for all
of the members' benefits received from the retirement system.
(e) Definitions.
(1) Designated beneficiary. The individual who is designated as the beneficiary under
the plan and is the designated beneficiary under section 401(a)(9) of the IRC and
section 1.401(a)(9)-1, Q&A -4, of the Treasury Regulations.
(2) Distribution calendar year: A calendar year for which a minimum distribution is
required. For distributions beginning before the member's death, the first distribu-
tion calendar year is the calendar year immediately preceding the calendar year
which contains the member's required beginning date. For distributions beginning
after the member's death, the first distribution calendar year is the calendar year in
which distributions are required to begin pursuant to section 2-266.
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-17-41, § 5, 4-24-17)
Sec. 2-276. Miscellaneous provisions.
(a) Interest of members in system. All assets of the fund are held in trust, and at no time
prior to the satisfaction of all liabilities under the system with respect to retirees and
members and their spouses or beneficiaries, shall any part of the corpus or income of the
fund be used for or diverted to any purpose other than for their exclusive benefit.
(b) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the
City Commission of the City of Atlantic Beach which shall have the effect of reducing the
then vested accrued benefits of members or a member's beneficiaries.
(c) Qualification of system. It is intended that the system will constitute a qualified public
pension plan under the applicable provisions of the IRC for a qualified plan under IRC
section 401(a) and a governmental plan under IRC section 414(d), as now in effect or
hereafter amended. Any modification or amendment of the system may be made retroactively,
if necessary or appropriate, to qualify or maintain the system as a plan meeting the
requirements of the applicable provisions of the IRC as now in effect or hereafter amended,
or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter
amended or adopted, and the regulations issued thereunder.
Supp. No. 44 188.14
ADMINISTRATION § 2-277
(d) Use of forfeitures. Forfeitures arising from terminations of service of members shall
serve only to reduce future city contributions.
(e) Prohibited transactions. Effective as of January 1, 1989, a board may not engage in a
transaction prohibited by IRC section 503(b).
(f) USERRA. Effective December 12, 1994, notwithstanding any other provision of this
system, contributions, benefits and service credit with respect to qualified military service
are governed by IRC section 414(u) and the Uniformed Services Employment and Reemploy-
ment Rights Act of 1994, as amended. To the extent that the definition of "credited service"
sets forth contribution requirements that are more favorable to the member than the
minimum compliance requirements, the more favorable provisions shall apply.
(g) Vesting.
(1) Member will be one hundred (100) percent vested in all benefits upon attainment of
the plan's age and service requirements for the plan's normal retirement benefit; and
(2) A member will be one hundred (100) percent vested in all accrued benefits, to the
extent funded, if the plan is terminated or experiences a complete discontinuance of
employer contributions.
(h) Electronic forms. In those circumstances where a written election or consent is not
required by the plan or the IRC, an oral, electronic, or telephonic form in lieu of or in addition
to a written form may be prescribed by the board. However, where applicable, the board shall
comply with Treasury Regulations section 1.401(a)-21.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-277. Domestic relations orders; retiree directed payments; exemption from
execution, non -assignability.
(a) Domestic relations orders.
(1) Prior to the entry of any domestic relations order which affects or purports to affect
the system's responsibility in connection with the payment of benefits of a retiree,
the member or retiree shall submit the proposed order to the board for review to
determine whether the system may legally honor the order.
(2) If a domestic relations order is not submitted to the board for review prior to entry of
the order, and the system is ordered to take action that it may not legally take, and
the
Supp. No. 44 188.14.1
ADMINISTRATION § 2-284
he has had deducted from his paycheck as his normal contribution to the plan,
the amounts which the member has paid pursuant to this subsection to
purchase additional credited service, shall be returned to him including all
interest paid.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-284. Prior government service.
Unless otherwise prohibited by law, the years or fractional parts of years that a general
employee who was previously a member, but who terminated employment and received a
refund of his contributions or who terminated employment and is not otherwise entitled to
credited service for such previous period of employment as a general employee, or the years
or fractional parts of years that a member previously served as an employee for any
governmental agency in the United States, including but not limited to, federal, state or local
government service, and for which he does not otherwise qualify for and receive credit under
this system, shall be added to his years of credited service provided that:
(1) The member contributes to the fund the sum that he would have contributed, based
on his salary and the member contribution rate in effect at the time that the credited
service is requested, had he been a member of the system for the years or fractional
parts of years for which he is requesting credit plus amounts actuarially determined
such that the crediting of service does not result in any cost to the fund plus payment
of costs for all professional services rendered to the board in connection with the
purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this section may be made
at any time prior to retirement.
(3) Payment by the member of the required amount shall be made within six (6) months
of his request for credit, but not later than the retirement date, and shall be made in
one (1) lump sum payment upon receipt of which credited service shall be given or
the member may elect to make payment for the requested credited service over a
period of time as provided for in paragraph (6) below.
(4) The maximum credit under this section for service other than with the city of shall
be five (5) years of credited service and shall count for all pension purposes, except
vesting and eligibility for disability benefits. There shall be no maximum purchase of
credit for prior service with the City of Atlantic Beach and such credit shall count for
all pension purposes, including vesting.
(5) In no event, however, may credited service be purchased pursuant to this section for
prior service with any other governmental agency, if such prior service forms or will
form the basis of a retirement benefit or pension from a different employers'
retirement system or plan as set forth in subsection 2-274(1)(2).
(6) In lieu of the lump sum payment provided for in paragraph (3) above, a member may
elect to make payments over a period of time in order to fully pay the amount
Supp. No. 44 188.21
§ 2-284 ATLANTIC BEACH CODE
provided for in paragraph (1). The member shall be required to notify the board, in
writing, of his election to make payments in the manner provided for in this
paragraph. The payment plan provided for in this paragraph shall be subject to the
following terms:
a. The principal amount to be paid shall be determined as set forth in paragraph
(1) above.
b. The original principal amount shall be amortized over the period beginning
with the first payment and ending at the end of a period equal to the number of
years being purchased and shall be reamortized annually if necessary to reflect
changes in the interest rate provided for in subparagraph (6)c. below.
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return on plan investments.
d. Payments shall be made by payroll deduction from each paycheck on an
after-tax basis.
e. In the event that a member dies, retires (including entry into the deferred
retirement option plan (DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to receive
all credited service requested, the member shall receive so much of the credited
service requested, determined using procedures established by the actuary,
which could be purchased with the amount of principal paid by the member to
the date of his death or termination of employment.
f. In the event that the member's employment is terminated for any reason and he
is not entitled to any benefit from the plan other than the return of the amounts
he has had deducted from his paycheck as his normal contribution to the plan,
the amounts which the member has paid pursuant to this subsection to
purchase additional credited service, shall be returned to him, including all
interest paid.
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-17-41, § 6, 4-24-17)
Sec. 2-285. Reemployment after retirement.
(a) [Generally.] Any retiree who is retired under this system, except for disability
retirement as previously provided for, may be reemployed by any public or private employer,
except the city, and may receive compensation from that employment without limiting or
restricting in any way the retirement benefits payable under this system. Reemployment by
the city shall be subject to the limitations set forth in this section.
(b) After normal retirement. Any retiree who is retired under normal retirement pursuant
to this system and who is reemployed by the city after that retirement shall be ineligible to
participate in this system and shall, during the period of such reemployment, continue to
Supp. No. 44 188.22
ADMINISTRATION § 2-286
receive retirement benefits previously earned if he is at least age sixty-two (62), otherwise
the system shall discontinue receipt of benefits until he reaches age sixty-two (62) or
terminates employment.
(c) After early retirement. Any retiree who is retired under early retirement pursuant to
this system and who subsequently becomes an employee of the city in any capacity shall be
ineligible to participate in this system and shall discontinue receipt of benefits from the
system. Pension benefit payments shall be suspended for the period of any such reemploy-
ment, but shall be restored upon the earlier of termination of employment or such time as
the reemployed retiree reaches age sixty-two (62). Retirement pursuant to an early
retirement incentive program shall be deemed early retirement for purposes of this section
if the member was permitted to retire prior to the customary retirement date provided for in
the system at the time of retirement.
(d) Reemployment of terminated vested persons. Reemployed terminated vested persons
shall not be subject to the provisions of this section until such time as they begin to actually
receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as
normal or early retirees for purposes of applying the provisions of this section and their
status as an early or normal retiree shall be determined by the date they elect to begin to
receive their benefit.
(e) DROP participants. Members or retirees who are or were in the deferred retirement
option plan shall, following termination of employment after DROP participation shall be
subject to the above restrictions.
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-17-41, § 7, 4-24-17)
Sec. 2-286. Deferred retirement option plan.
(a) Definitions. As used in this section 2-286, the following definitions apply:
(1) DROP. The City of Atlantic Beach General Employees' Retirement System Deferred
Retirement Option Plan.
(2) DROP account. The account established for each DROP participant under subsection
(c).
(3) Total return of the assets. For purposes of calculating earnings on a member's DROP
account pursuant to subsection (c)(2)b., for each fiscal year quarter, the percentage
increase (or decrease) in the interest and dividends earned on investments, including
realized and unrealized gains (or losses), of the total plan assets.
(b) Participation.
(1) Eligibility to participate. In lieu of terminating his employment as a general
employee, any member who is eligible for normal or early retirement under the
system may elect to defer receipt of such service retirement pension and to
participate in the DROP.
Supp. No. 44 188.23
§ 2-286 ATLANTIC BEACH CODE
(2) Election to participate. A member's election to participate in the drop must be made
in writing in a time and manner determined by the board and shall be effective on
the first day of the first calendar month which is at least fifteen (15) business days
after it is received by the board.
(3) Period of participation. A member who elects to participate in the DROP under
subsection (b)(2), shall participate in the DROP for a period not to exceed sixty (60)
months beginning at the time his election to participate in the DROP first becomes
effective. An election to participate in the DROP shall constitute an irrevocable
election to resign from the service of the city not later than the date provided for in
the previous sentence. A member may participate only once.
(4) Termination of participation.
a. A member's participation in the DROP shall cease at the earlier of:
1. The end of his permissible period of participation in the DROP as
determined under subsection (b)(3); or
2. Termination of his employment as a general employee.
b. Upon the member's termination of participation in the DROP, pursuant to
subsection (b)(4)a.1. above, all amounts provided for in subsection (c)(2),
including monthly benefits and investment earnings and losses, shall cease to
be transferred from the system to his DROP account. Any amounts remaining
in his DROP account shall be paid to him in accordance with the provisions of
subsection (d) when he terminates employment as a general employee.
c. A member who terminates his participation in the DROP under this subsection
(b)(4) shall not be permitted to again become a participant in the DROP.
(5) Effect of DROP participation on the system.
a. A member's credited service and his accrued benefit under the system shall be
determined on the date his election to participate in the DROP first becomes
effective. For purposes of determining the accrued benefit, the member's salary
for the purposes of calculating his average final compensation shall include an
amount equal to any lump sum payments which would have been paid to the
member and included as salary as defined herein, had the member retired
under normal or early retirement and not elected DROP participation. Member
contributions attributable to any lump sums used in the benefit calculation and
not actually received by the member shall be deducted from the first payments
to the member's DROP account. The member shall not accrue any additional
credited service or any additional benefits under the system (except for any
additional benefits provided under any cost -of -living adjustment for retirees in
the system) while he is a participant in the DROP. After a member commences
participation, he shall not be permitted to again contribute to the system nor
shall he be eligible for disability or pre -retirement death benefits, except as
provided for in section 2-285, reemployment after retirement.
Supp. No. 44 188.24
ADMINISTRATION § 2-286
b. No amounts shall be paid to a member from the system while the member is a
participant in the DROP. Unless otherwise specified in the system, if a
member's participation in the DROP is terminated other than by terminating
his employment as a general employee, no amounts shall be paid to him from
the system until he terminates his employment as a general employee. Unless
otherwise specified in the system, amounts transferred from the system to the
member's DROP account shall be paid directly to the member only on the
termination of his employment as a general employee.
(c) Funding.
(1) Establishment of DROP account. A DROP account shall be established for each
member participating in the DROP. A member's DROP account shall consist of
amounts transferred to the DROP under subsection (c)(2), and earnings or losses on
those amounts.
(2) Transfers from retirement system.
a. As of the first day of each month of a member's period of participation in the
DROP, the monthly retirement benefit he would have received under the system
had he terminated his employment as a general employee and elected to receive
monthly benefit payments thereunder shall be transferred to his DROP
account, except as otherwise provided for in subsection (b)(4)b. A member's
period of participation in the DROP shall be determined in accordance with the
provisions of subsections (b)(3) and (b)(4), but in no event shall it continue past
the date he terminates his employment as a general employee.
b. Except as otherwise provided in subsection (b)(4)b., a member's DROP account
under this subsection (c)(2) shall be debited or credited with earnings, to be
credited or debited to the member's DROP account, determined as of the last
business day of each fiscal year quarter and debited or credited as of such date,
determined as follows:
The average daily balance in a member's DROP account shall be credited or
debited at a rate equal to the net investment return realized by the system for
that quarter. "Net investment return" for the purpose of this paragraph is the
total return of the assets in which the member's DROP account is invested by
the board net of brokerage commissions, transaction costs and management
fees.
For purposes of calculating earnings on a member's DROP account pursuant to
this subsection (c)(2)b., brokerage commissions, transaction costs, and manage-
ment fees shall be determined for each quarter by the investment consultant
pursuant to contracts with fund managers as reported in the custodial
statement. The investment consultant shall report these quarterly contractual
fees to the board. The investment consultant shall also report the net
investment return for each manager and the net investment return for the total
plan assets.
Supp. No. 44 188.25
§ 2-286 ATLANTIC BEACH CODE
c. A member's DROP account shall only be credited or debited with earnings or
losses and monthly benefits while the member is a participant in the DROP. A
member's final DROP account value for distribution to the member upon
termination of participation in the DROP shall be the value of the account at
the end of the quarter immediately preceding termination of participation plus
any monthly periodic additions made to the DROP account subsequent to the
end of the previous quarter and prior to distribution. If a member fails to
terminate employment after participating in the DROP for the permissible
period of DROP participation, then beginning with the member's first month of
employment following the last month of the permissible period of DROP
participation, the member's DROP Account will no longer be credited or debited
with earnings or losses, nor will monthly benefits be transferred to the DROP
account. All such non -transferred amounts shall be forfeited and continue to be
forfeited while the member is employed by the city. A member employed by the
city after the permissible period of DROP participation will still not be eligible
for pre -retirement death and disability benefits, and will not accrue additional
credited service except as provided for in section 2-285, reemployment after
retirement.
(d) Distribution of DROP accounts on termination of employment.
(1) Eligibility for benefits. A member shall receive the balance in his drop account in
accordance with the provisions of this subsection (d) upon his termination of
employment as a general employee. Except as provided in subsection (d)(5), no
amounts shall be paid to a member from the DROP prior to his termination of
employment as a general employee.
(2) Form of distribution.
a. Unless the member elects otherwise, distribution of his DROP account shall be
made in a lump sum, subject to the direct rollover provisions set forth in
subsection (d)(6). Elections under this paragraph shall be in writing and shall
be made in such time or manner as the board shall determine.
b. Notwithstanding the preceding, if a member dies before his benefit is paid, his
DROP account shall be paid to his beneficiary in such optional form as his
beneficiary may select. If no beneficiary designation is made, the DROP account
shall be distributed to the member's estate.
(3) Date of payment of distribution. Except as otherwise provided in this subsection (d),
distribution of a member's DROP account shall be made as soon as administratively
practicable following the member's termination of employment. Distribution of the
amount in a member's DROP account will not be made unless the member completes
a written request for distribution and a written election, on forms designated by the
board, to either receive a cash lump sum or a rollover of the lump sum amount.
Supp. No. 44 188.26
ADMINISTRATION § 2-286
(4) Proof of death and right of beneficiary or other person. The board may require and
rely upon such proof of death and such evidence of the right of any beneficiary or
other person to receive the value of a deceased member's DROP account as the board
may deem proper and its determination of the right of that beneficiary or other
person to receive payment shall be conclusive.
(5) Distribution limitation. Notwithstanding any other provision of subsection (d), all
distributions from the DROP shall conform to the "minimum distribution of benefits"
provisions as provided for herein.
(6) Direct rollover of certain distributions. This subsection applies to distributions made
on or after January 1, 2002. Notwithstanding any provision of the DROP to the
contrary, a distributee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the system in
section 2-281.
(e) Administration of DROP.
(1) Board administers the DROP The general administration of the DROP, the
responsibility for carrying out the provisions of the DROP and the responsibility of
overseeing the investment of the DROP's assets shall be placed in the board. The
members of the board may appoint from their number such subcommittees with such
powers as they shall determine; may adopt such administrative procedures and
regulations as they deem desirable for the conduct of their affairs; may authorize one
(1) or more of their number or any agent to execute or deliver any instrument or
make any payment on their behalf; may retain counsel, employ agents and provide
for such clerical, accounting, actuarial and consulting services as they may require in
carrying out the provisions of the DROP; and may allocate among themselves or
delegate to other persons all or such portion of their duties under the DROP, other
than those granted to them as trustee under any trust agreement adopted for use in
implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall
not vote on any question relating exclusively to himself.
(2) Individual accounts, records and reports. The board shall maintain records showing
the operation and condition of the DROP, including records showing the individual
balances in each member's DROP account, and the board shall keep in convenient
form such data as may be necessary for the valuation of the assets and liabilities of
the DROP. The board shall prepare and distribute to members participating in the
DROP and other individuals or file with the appropriate governmental agencies, as
the case may be, all necessary descriptions, reports, information returns, and data
required to be distributed or filed for the DROP pursuant to the IRC and any other
applicable laws.
(3) Establishment of rules. Subject to the limitations of the DROP, the board from time
to time shall establish rules for the administration of the DROP and the transaction
of its business. The board shall have discretionary authority to construe and
interpret the DROP (including but not limited to determination of an individual's
Supp. No. 44 188.27
§ 2-286 ATLANTIC BEACH CODE
eligibility for DROP participation, the right and amount of any benefit payable under
the DROP and the date on which any individual ceases to be a participant in the
DROP). The determination of the board as to the interpretation of the DROP or its
determination of any disputed questions shall be conclusive and final to the extent
permitted by applicable law.
(4) Limitation of liability.
a. The trustees shall not incur any liability individually or on behalf of any other
individuals for any act or failure to act, made in good faith in relation to the
DROP or the funds of the DROP.
b. Neither the board nor any trustee of the board shall be responsible for any
reports furnished by any expert retained or employed by the board, but they
shall be entitled to rely thereon as well as on certificates furnished by an
accountant or an actuary, and on all opinions of counsel. The board shall be
fully protected with respect to any action taken or suffered by it in good faith in
reliance upon such expert, accountant, actuary or counsel, and all actions taken
or suffered in such reliance shall be conclusive upon any person with any
interest in the DROP.
(f) General provisions.
(1) The DROP is not a separate retirement plan. Instead, it is a program under which a
member who is eligible for normal retirement under the system may elect to accrue
future retirement benefits in the manner provided in this section 2-286 for the
remainder of his employment, rather than in the normal manner provided under the
plan. Upon termination of employment, a member is entitled to a lump sum
distribution of his or her DROP account balance or may elect a rollover. The DROP
account distribution is in addition to the member's monthly benefit.
(2) Notional account. The DROP account established for such a member is a notional
account, used only for the purpose of calculation of the DROP distribution amount. It
is not a separate account in the system. There is no change in the system's assets,
and there is no distribution available to the member until the member's termination
from the DROP. The member has no control over the investment of the DROP
account.
(3) No employer discretion. The DROP benefit is determined pursuant to a specific
formula which does not involve employer discretion.
(4) IRC limit. The DROP account distribution, along with other benefits payable from
the system, is subject to limitation under Internal Revenue Code Section 415(b).
(5) Amendment of DROP. The DROP may be amended by an ordinance of the city at any
time and from time to time, and retroactively if deemed necessary or appropriate, to
amend in whole or in part any or all of the provisions of the DROP. However, except
as otherwise provided by law, no amendment shall make it possible for any part of
the DROP's funds to be used for, or diverted to, purposes other than for the exclusive
Supp. No. 44 188.28
ADMINISTRATION § 2-286
benefit of persons entitled to benefits under the DROP. No amendment shall be made
which has the effect of decreasing the balance of the DROP account of any member.
(6) Facility of payment. If a member or other person entitled to a benefit under the
DROP is unable to care for his affairs because of illness or accident or is a minor, the
board shall direct that any benefit due him shall be made only to a duly appointed
legal representative. Any payment so made shall be a complete discharge of the
liabilities of the DROP for that benefit.
(7) Information. Each member, beneficiary or other person entitled to a benefit, before
any benefit shall be payable to him or on his account under the DROP, shall file with
the board the information that it shall require to establish his rights and benefits
under the DROP.
(8) Prevention of escheat. If the board cannot ascertain the whereabouts of any person to
whom a payment is due under the DROP, the board may, no earlier than three (3)
years from the date such payment is due, mail a notice of such due and owing
payment to the last known address of such person, as shown on the records of the
board or the city. If such person has not made written claim therefor within three (3)
months of the date of the mailing, the board may, if it so elects and upon receiving
advice from counsel to the system, direct that such payment and all remaining
payments otherwise due such person be canceled on the records of the system. Upon
such cancellation, the system shall have no further liability therefor except that, in
the event such person or his beneficiary later notifies the board of his whereabouts
and requests the payment or payments due to him under the DROP, the amount so
applied shall be paid to him in accordance with the provisions of the DROP.
(9) Written elections, notification.
a. Any elections, notifications or designations made by a member pursuant to the
provisions of the DROP shall be made in writing and filed with the board in a
time and manner determined by the board under rules uniformly applicable to.
all employees similarly situated. The board reserves the right to change from
time to time the manner for making notifications, elections or designations by
members under the DROP if it determines after due deliberation that such
action is justified in that it improves the administration of the DROP. In the
event of a conflict between the provisions for making an election, notification or
designation set forth in the DROP and such new administrative procedures,
those new administrative procedures shall prevail.
b. Each member or retiree who has a DROP account shall be responsible for
furnishing the board with his current address and any subsequent changes in
his address. Any notice required to be given to a member or retiree hereunder
shall be deemed given if directed to him at the last such address given to the
board and mailed by registered or certified United States mail. If any check
Supp. No. 44 188.29
§ 2-286 ATLANTIC BEACH CODE
mailed by registered or certified United States mail to such address is returned,
mailing of checks, advices and direct deposit of funds will be suspended until
such time as the member or retiree notifies the board of his address.
(10) Benefits not guaranteed. All benefits payable to a member from the DROP shall be
paid only from the assets of the member's DROP account and neither the city nor the
board shall have any duty or liability to furnish the DROP with any funds, securities
or other assets except to the extent required by any applicable law.
(11) Construction.
a. The DROP shall be construed, regulated and administered under the laws of
Florida, except where other applicable law controls.
b. The titles and headings of the subsections in this section 2-286 are for
convenience only. In the case of ambiguity or inconsistency, the text rather than
the titles or headings shall control.
(12) Forfeiture of retirement benefits. Nothing in this section shall be construed to remove
DROP participants from the application of any forfeiture provisions applicable to the
system. DROP participants shall be subject to forfeiture of all retirement benefits,
including DROP benefits.
(13) Effect of DROP participation on employment. Participation in the DROP is not a
guarantee of employment and DROP participants shall be subject to the same
employment standards and policies that are applicable to employees who are not
DROP participants.
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-17-41, § 8, 4-24-17)
2-Z87-2-
/382 2Rp.1T llle
DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM*
Sec. 2-300. Definitions.
(a) [Definitions.] As used herein, unless otherwise defined or required by the context, the
following words and phrases shall have the meaning indicated:
Accumulated contributions means a member's own contributions with interest compounded
annually on October 1 of each year based on the two-year Treasury Rate as of October 1 of
each year plus interest at the same rate payable through the date of termination of
employment. For those members who purchase credited service with interest or at no cost to
*Editor's note—Section 1. of Ord. No. 58-13-36, adopted June 10, 2013, amended Div. 4
in its entirety, in effect repealing §§ 2-300--2-310.28, and enacting similar new provisions in
lieu thereof as §§ 2-300-2-310.18. Formerly, such provisions derived from Ord. No.
58-99-26, § 2, adopted July 10, 2000; Ord. No. 58-01-28, § 2, adopted Oct. 8, 2001; Ord. No.
58-04-29, adopted March 8, 2004; Ord. No. 58-07-32, § 1, adopted Sept. 10, 2007; and Ord.
No. 58-08-33, § 1, adopted Aug. 11, 2008.
Supp. No. 44 188.30
ADMINISTRATION § 2-300
the system, any payment representing the amount attributable to member contributions
based on the applicable member contribution rate, and any payment representing interest
and any required actuarially calculated payments for the purchase of such credited service
shall be included in accumulated contributions, with interest. Interest shall accrue only
during periods of active employment.
Actuarial equivalent means a benefit or amount of equal value, based upon the RP -2000
Combined Healthy Unisex Mortality Table, and an interest rate equal to the investment
return assumption set forth in the last actuarial valuation approved by the board. This
definition may only be amended by the city pursuant to the recommendation of the board
using assumptions adopted by the board with the advice of the plan's actuary, such that
actuarial assumptions are not subject to city discretion.
Average final compensation means one -twelfth (1/12) of the average salary of the five (5)
best years of the last ten (10) years of credited service prior to retirement, termination, or
death, or the career average as a full-time police officer, whichever is greater. A year shall be
twelve (12) consecutive months.
Beneficiary means the person or persons entitled to receive benefits hereunder at the
death of a member who has or have been designated in writing by the member and filed with
the board. If no such designation is in effect, or if no person so designated is living, at the
time of death of the member, the beneficiary shall be the estate of the member.
Board means the board of trustees, which shall administer and manage the system herein
provided and serve as trustees of the fund.
City means City of Atlantic Beach, Florida.
Credited service means the total number of years and fractional parts of years of service
as a police officer with member contributions, when required, omitting intervening years or
fractional parts of years when such member was not employed by the city as a police officer.
A member may voluntarily leave his accumulated contributions in the fund for a period of
five (5) years after leaving the employ of the police department pending the possibility of
being reemployed as a police officer, without losing credit for the time that he was a member
of the system. If a vested member leaves the employ of the police department, his
accumulated contributions will be returned only upon his written request. If a member who
is not vested is not reemployed as a police officer with the police department within five (5)
years, his accumulated contributions, if one -thousand dollars ($1,000.00) or less shall be
returned. If a member who is lump sum or to rollover the lump sum amount on forms
designated by the board. Upon return of a member's accumulated contributions, all of his
rights and benefits under the system are forfeited and terminated. Upon any reemployment,
a police officer shall not receive credit for the years and fractional parts of years of service for
which he has withdrawn his accumulated contributions from the fund, unless the police
officer repays into the fund the contributions he has withdrawn, with interest, as determined
by the board, within ninety (90) days after his reemployment.
Supp. No. 44 188.31
§ 2-300 ATLANTIC BEACH CODE
The years or fractional parts of a year that a member performs "qualified military service"
consisting of voluntary or involuntary "service in the uniformed services" as defined in the
Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L. 103-353),
after separation from employment as a police officer with the city to perform training or
service, shall be added to his years of credited service for all purposes, including vesting,
provided that:
(1) The member is entitled to reemployment under the provisions of USERRA.
(2) The member returns to his employment as a police officer within one (1) year from
the earlier of the date of his military discharge or his release from active service,
unless otherwise required by USERRA.
(3) The maximum credit for military service pursuant to this paragraph shall be five (5)
years.
(4) This paragraph is intended to satisfy the minimum requirements of USERRA. To the
extent that this paragraph does not meet the minimum standards of USERRA, as it
may be amended from time to time, the minimum standards shall apply.
In the event a member dies on or after January 1, 2007, while performing USERRA
qualified military service, the beneficiaries of the member are entitled to any benefits (other
than benefit accruals relating to the period of qualified military service) as if the member
had resumed employment and then died while employed.
Beginning January 1, 2009, to the extent required by section 414(u)(12) of the code, an
individual receiving differential wage payments (as defined under section 3401(h)(2) of the
code) from an employer shall be treated as employed by that employer, and the differential
wage paymenl Le iaea;ed as eourpensai,iou for purposes of applying ire i mi s on
annual additions under section 415(c) of the code. This provision shall be applied to all
similarly situated individuals in a reasonably equivalent manner.
Leave conversions of unused accrued paid time off shall not be permitted to be applied
toward the accrual of credited service either during each plan year of a member's
employment with the city or in the plan year in which the member terminates employment.
Effective date means June 10, 2013.
Fund means the trust fund established herein as part of the system.
IRC means the Internal Revenue Code of 1986, as amended from time to time.
Member means an actively employed police officer who fulfills the prescribed membership
requirements. Benefit improvements which, in the past, have been provided for by
amendments to the system adopted by city ordinance, and any benefit improvements which
might be made in the future shall apply prospectively and shall not apply to members who
terminate employment or who retire prior to the effective date of any ordinance adopting
such benefit improvements, unless such ordinance specifically provides to the contrary.
Supp. No. 44 188.32
ADMINISTRATION § 2-300
Plan year means the twelve-month period beginning October 1 and ending September 30
of the following year.
Police officer means an actively employed full-time person, employed by the city, including
his initial probationary employment period, who is certified as a police officer as a condition
of employment in accordance with the provisions of F.S. § 943.1395, who is vested with
authority to bear arms and make arrests, and whose primary responsibility is the prevention
and detection of crime or the enforcement of the penal, traffic, or highway laws of the State
of Florida.
Retiree means a member who has entered retirement status.
Retirement means a member's separation from city employment with eligibility for
immediate receipt of benefits under the system or entry into the deferred retirement option
plan.
Salary means the total compensation for services rendered to the city as a police officer
reportable on the member's W-2 form plus all tax deferred, tax sheltered, or tax exempt items
of income derived from elective employee payroll deductions or salary reductions. Compensa-
tion shall include base salary or wages, longevity pay, overtime pay, cost of living payments,
salary or wages while absent from work on account of vacation, holiday, or illness, and will
also include incentive pay as defined in F.S. § 943.22. Compensation shall not include
redemptions or payments in consideration of unused vacation time or sick leave, the value of
any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses,
or payments for extra duty or a special detail work performed on behalf of a second party
employer or any other item not specifically included. For service earned after February 26,
2013, (the "effective date"), salary shall not include more than three hundred (300) hours of
overtime per calendar year. Provided however, in any event, payments for overtime in excess
of three hundred (300) hours per year accrued as of the effective date and attributable to
service earned prior to the effective date, may still be included in salary for pension purposes
even if the payment is not actually made until on or after the effective date.
Compensation in excess of the limitations set forth in section 401(a)(17) of the IRC as of
the first day of the plan year shall be disregarded for any purpose, including employee
contributions or any benefit calculations. The annual compensation of each member taken
into account in determining benefits or employee contributions for any plan year beginning
on or after January 1, 2002, may not exceed two hundred thousand dollars ($200,000.00), as
adjusted for cost -of -living increases in accordance with IRC section 401(a)(17)(B). Compensa-
tion means compensation during the fiscal year. The cost -of -living adjustment in effect for a
calendar year applies to annual compensation for the determination period that begins with
or within such calendar year. If the determination period consists of fewer than twelve (12)
months, the annual compensation limit is an amount equal to the otherwise applicable
annual compensation limit multiplied by a fraction, the numerator of which is the number of
months in the short determination period, and the denominator of which is twelve (12). If the
compensation for any prior determination period is taken into account in determining a
member's contributions or benefits for the current plan year, the compensation for such prior
Supp. No. 44 188.33
§ 2-300 ATLANTIC BEACH CODE
determination period is subject to the applicable annual compensation limit in effect for that
prior period. The limitation on compensation for an "eligible employee" shall not be less than
the amount which was allowed to be taken into account hereunder as in effect on July 1,
1993. "Eligible employee" is an individual who was a member before the first plan year
beginning after December 31, 1995.
Spouse means the member's or retiree's spouse under applicable law at the time benefits
become payable.
System means the City of Atlantic Beach Police Officers' Retirement System as contained
herein and all amendments thereto.
(b) Masculine gender. The masculine gender, where used herein, unless the context
specifically requires otherwise, shall include both the feminine and masculine genders.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-17-40, § 1, 4-24-17)
Sec. 2-301. Membership.
Conditions of eligibility. All police officers as of the effective date, and all future new police
officers, shall become members of this system as a condition of employment. Notwithstand-
ing the previous sentence, a new employee who is hired as the police chief may, upon
employment as police chief, notify the board and the city, in writing, of his election to not be
a member of the system. Current employees of the city who are selected to become police
chief are not eligible for the opt -out provided for herein. In the event of any such election, he
shall be barred from future membership in the system. Thereafter, contributions to the plan
in accordance with section 2-304 shall not be required, he shall not be eligible to be elected
as a member trustee on the board or vote for a member trustee and shall not be eligible for
any other benefits from the plan.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-17-40, § 2, 4-24-17)
Sec. 2-302. Board of trustees.
(a) The sole and exclusive administration of and responsibility for the proper operation of
the system and for making effective the provisions of this article is hereby vested in a board
of trustees. The board is hereby designated as the plan administrator. The board shall
consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal
residents of the city, who shall be appointed by the Atlantic Beach City Commission, and two
(2) of whom shall be members of the system, who shall be elected by a majority of the police
officers who are members of the system. The fifth trustee shall be chosen by a majority of the
previous four (4) trustees as provided for herein, and such person's name shall be submitted
to the Atlantic Beach City Commission. Upon receipt of the fifth person's name, the Atlantic
Beach City Commission shall, as a ministerial duty, appoint such person to the board as its
fifth trustee. The fifth trustee shall have the same rights as each of the other four (4)
trustees appointed or elected as herein provided and shall serve a four-year term unless he
sooner vacates the office. Each resident trustee shall serve as trustee for a period of four (4)
years, unless he sooner vacates the office or is sooner replaced by the Atlantic Beach City
Supp. No. 44 188.34
ADMINISTRATION § 2-302
Commission at whose pleasure he shall serve. Each member trustee shall serve as trustee
for a period of four (4) years, unless he sooner leaves the employment of the city as a police
officer or otherwise vacates his office as trustee, whereupon a successor shall be chosen in
the same manner as the departing trustee. Each trustee may succeed himself in office.
DROP participants can be elected as but not vote for elected trustees. The board shall
establish and administer the nominating and election procedures for each election. The
board shall meet at least quarterly each year. The board shall be a legal entity with, in
addition to other powers and responsibilities contained herein, the power to bring and
defend lawsuits of every kind, nature, and description.
(b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a
secretary. The secretary of the board shall keep a complete minute book of the actions,
proceedings, or hearings of the board. The trustees shall not receive any compensation as
such, but may receive expenses and per diem as provided by law.
(c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes
shall be necessary for any decision by the trustees at any meeting of the board. A trustee
shall abstain from voting as the result of a conflict of interest and shall comply with the
provisions of F.S. § 112.3143.
(d) The board shall engage such actuarial, accounting, legal, and other services as shall
be required to transact the business of the system. The compensation of all persons engaged
by the board and all other expenses of the board necessary for the operation of the system
shall be paid from the fund at such rates and in such amounts as the board shall agree. In
the event the board chooses to use the city's legal counsel, actuary or other professional,
technical or other advisors, it shall do so only under terms and conditions acceptable to the
board.
(e) The duties and responsibilities of the board shall include, but not necessarily be
limited to, the following:
(1) To construe the provisions of the system and determine all questions arising
thereunder.
(2) To determine all questions relating to eligibility and membership.
(3) To determine and certify the amount of all retirement allowances or other benefits
hereunder.
(4) To establish uniform rules and procedures to be followed for administrative
purposes, benefit applications and all matters required to administer the system.
(5) To distribute to members, at regular intervals, information concerning the system.
(6) To receive and process all applications for benefits.
(7) To authorize all payments whatsoever from the fund, and to notify the disbursing
agent, in writing, of approved benefit payments and other expenditures arising
through operation of the system and fund.
Supp. No. 44 188.35
§ 2-302 ATLANTIC BEACH CODE
(8) To have performed actuarial studies and valuations, at least as often as required by
law, and make recommendations regarding any and all changes in the provisions of
the system.
(9) To perform such other duties as are required to prudently administer the system.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-303. Finances and fund management.
Establishment and operation of fund.
(a) As part of the system, there is hereby established the fund, into which shall be
deposited all of the contributions and assets whatsoever attributable to the system,
including the assets of the prior police officers' retirement system.
(b) The actual custody and supervision of the fund (and assets thereof) shall be vested in
the board. Payment of benefits and disbursements from the fund shall be made by
the disbursing agent but only upon written authorization from the board.
(c) All funds of the police officers' retirement system may be deposited by the board with
the finance director of the city, acting in a ministerial capacity only, who shall be
liable in the same manner and to the same extent as he is liable for the safekeeping
of funds for the city. However, any funds so deposited with the finance director of the
city shall be kept in a separate fund by the finance director or clearly identified as
such funds of the police officers' retirement system. In lieu thereof, the board shall
deposit the funds of the police officers' retirement system in a qualified public
depository as defined in F.S. § 280.02, which depository with regard to such funds
shall conform to and be bound by all of the provisions of Chapter 280, Florida
Statutes. In order to fulfill its investment responsibilities as set torth herein, the
board may retain the services of a custodian bank, an investment advisor registered
under the Investment Advisors Act of 1940 or otherwise exempt from such required
registration, an insurance company, or a combination of these, for the purposes of
investment decisions and management. Such investment manager shall have
discretion, subject to any guidelines as prescribed by the board, in the investment of
all fund assets.
(d) All funds and securities of the system may be commingled in the fund, provided that
accurate records are maintained at all times reflecting the financial composition of
the fund, including accurate current accounts and entries as regards the following:
(1) Current amounts of accumulated contributions of members on both an individual
and aggregate account basis; and
(2) Receipts and disbursements; and
(3) Benefit payments; and
(4) Current amounts clearly reflecting all monies, funds and assets whatsoever
attributable to contributions and deposits from the city; and
Supp. No. 44 188.36
ADMINISTRATION § 2-303
(5) All interest, dividends and gains (or losses) whatsoever; and
(6) Such other entries as may be properly required so as to reflect a clear and
complete financial report of the fund.
(e) An audit shall be performed annually by a certified public accountant for the most
recent fiscal year of the system showing a detailed listing of assets and a statement
of all income and disbursements during the year. Such income and disbursements
must be reconciled with the assets at the beginning and end of the year. Such report
shall reflect a complete evaluation of assets on both a cost and market basis, as well
as other items normally included in a certified audit.
(f) The board shall have the following investment powers and authority:
(1) The board shall be vested with full legal title to said fund, subject, however, and
in any event to the authority and power of the Atlantic Beach City Commission
to amend or terminate this fund, provided that no amendment or fund
termination shall ever result in the use of any assets of this fund except for the
payment of regular expenses and benefits under this system, except as
otherwise provided herein. All contributions from time to time paid into the
fund, and the income thereof, without distinction between principal and income,
shall be held and administered by the board or its agent in the fund and the
board shall not be required to segregate or invest separately any portion of the
fund.
(2) All monies paid into or held in the fund shall be invested and reinvested by the
board and the investment of all or any part of such funds shall be subject to the
following:
a. Notwithstanding any limitation provided for in Chapter 185, Florida
Statutes, to the contrary (unless such limitation may not be amended by
local ordinance) or any limitation in prior city ordinances to the contrary,
all monies paid into or held in the fund may be invested and reinvested in
such securities, investment vehicles or property wherever situated and of
whatever kind, as shall be approved by the board, including but not
limited to common or preferred stocks, bonds, and other evidences of
indebtedness or ownership. In no event, however, shall more than
twenty-five (25) percent of the assets of the fund at market value be
invested in foreign securities.
b. The board shall develop and adopt a written investment policy statement
setting forth permissible types of investments, goals and objectives of
investments and setting quality and quantity limitations on investments
in accordance with the recommendations of its investment consultants.
The investment policy statement shall be reviewed by the board at least
annually.
c. In addition, the board may, upon recommendation by the board's invest-
ment consultant, make investments in group trusts meeting the require -
Supp. No. 44 188.37
§ 2-303 ATLANTIC BEACH CODE
ments of Internal Revenue Service Revenue Ruling 81-100, Revenue
Ruling 2011-1, IRS Notice 2012-6 and Revenue Ruling 2014-21 or succes-
sor rulings or guidance of similar import, and operated or maintained
exclusively for the commingling and collective investment of monies,
provided that the funds in the group trust consist exclusively of trust
assets held under plans qualified under section 401(a) of the code,
individual retirement accounts that are exempt under section 408(e) of the
code, eligible governmental plans that meet the requirements of section
457(b) of the code, and governmental plans under 401(a)(24) of the code.
For this purpose, a trust includes a custodial account or a separate tax
favored account maintained by an insurance company that is treated as a
trust under section 401(f) or under section 457(g)(3) of the code. While any
portion of the assets of the fund are invested in such a group trust, such
group trust is itself adopted as a part of the system or plan.
1. Any collective or common group trust to which assets of the fund are
transferred pursuant to subsection c. shall be adopted by the board as
part of the plan by executing appropriate participation, adoption
agreements, and/or trust agreements with the group trust's trustee.
2. The separate account maintained by the group trust for the plan
pursuant to subsection c. shall not be used for, or diverted to, any
purpose other than for the exclusive benefit of the members and
beneficiaries of the plan.
3. For purposes of valuation, the value of the separate account maintained
by the group trust for the plan shall be the fair market value of the
portion of the group trust held for the plan, determined in accordance
with generally recognized valuation procedures.
(3) At least once every three (3) years, and more often as determined by the board,
the board shall retain a professionally qualified independent consultant, as
defined in F.S. § 185.06, to evaluate the performance of all current investment
managers and make recommendations regarding the retention of all such
investment managers. These recommendations shall be considered by the
board at its next regularly scheduled meeting.
(4) The board may retain in cash and keep unproductive of income such amount of
the fund as it may deem advisable, having regard for the cash requirements of
the system.
(5) Neither the board nor any trustee shall be liable for the making, retention or
sale of any investment or reinvestment made as herein provided, nor for any
loss or diminishment of the fund, except that due to his or its own negligence,
willful misconduct or lack of good faith.
(6) The board may cause any investment in securities held by it to be registered in
or transferred into its name as trustee or into the name of such nominee as it
Supp. No. 44 188.38
ADMINISTRATION § 2-303
may direct, or it may retain them unregistered and in form permitting
transferability, but the books and records shall at all times show that all
investments are part of the fund.
(7) The board is empowered, but is not required, to vote upon any stocks, bonds, or
securities of any corporation, association, or trust and to give general or specific
proxies or powers of attorney with or without power of substitution; to
participate in mergers, reorganizations, recapitalizations, consolidations, and
similar transactions with respect to such securities; to deposit such stock or
other securities in any voting trust or any protective or like committee with the
trustees or with depositories designated thereby; to amortize or fail to amortize
any part or all of the premium or discount resulting from the acquisition or
disposition of assets; and generally to exercise any of the powers of an owner
with respect to stocks, bonds, or other investments comprising the fund which it
may deem to be to the best interest of the fund to exercise.
(8) The board shall not be required to make any inventory or appraisal or report to
any court, nor to secure any order of court for the exercise of any power
contained herein.
(9) Where any action which the board is required to take or any duty or function
which it is required to perform either under the terms herein or under the
general law applicable to it as trustee under this article, can reasonably be
taken or performed only after receipt by it from a member, the city, or any other
entity, of specific information, certification, direction or instructions, the board
shall be free of liability in failing to take such action or perform such duty or
function until such information, certification, direction or instruction has been
received by it.
(10) Any overpayments or underpayments from the fund to a member, retiree or
beneficiary caused by errors of computation shall be adjusted with interest at a
rate per annum approved by the board in such a manner that the actuarial
equivalent of the benefit to which the member, retiree or beneficiary was
correctly entitled, shall be paid. Overpayments shall be charged against
payments next succeeding the correction or collected in another manner if
prudent. Underpayments shall be made up from the fund in a prudent manner.
Overpayments to a deceased retiree, beneficiary or joint annuitant of less than
one (1) monthly payment resulting from the death of the retiree, beneficiary or
joint annuitant shall not be recouped.
(11) The board shall sustain no liability whatsoever for the sufficiency of the fund to
meet the payments and benefits provided for herein.
(12) In any application to or proceeding or action in the courts, only the board shall
be a necessary party, and no member or other person having an interest in the
fund shall be entitled to any notice or service of process. Any judgment entered
in such a proceeding or action shall be conclusive upon all persons.
Supp. No. 44 188.39
§ 2-303 ATLANTIC BEACH CODE
(13) Any of the foregoing powers and functions reposed in the board may be
performed or carried out by the board through duly authorized agents, provided
that the board at all times maintains continuous supervision over the acts of
any such agent; provided further, that legal title to said fund shall always
remain in the board.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-17-40, § 3, 4-24-17)
Sec. 2-304. Contributions.
(a) Member contributions.
(1) Amount. Each member of the system shall be required to make regular contributions
to the fund in the amount of six (6) percent of his salary beginning with the first full
pay period following the effective date of the ordinance amending this subsection,
seven (7) percent of his salary effective October 1, 2013, and eight (8) percent of his
salary effective October 1, 2014. Member contributions withheld by the city on behalf
of the member shall be deposited with the board immediately after each pay period.
The contributions made by each member to the fund shall be designated as employer
contributions pursuant to section 414(h) of the IRC. Such designation is contingent
upon the contributions being excluded from the members' gross income for Federal
Income Tax purposes. For all other purposes of the system, such contributions shall
be considered to be member contributions.
(2) Method. Such contributions shall be made by payroll deduction.
(b) State contributions. Any monies received or receivable by reason of laws of the State
of Florida, for the express purpose of funding and paying for retirement benefits for police
officers of the city shall be deposited in the fund comprising part of this system immediately
and under no circumstances more than five (5) days after receipt by the city.
(c) City contributions. So long as this system is in effect, the city shall make at least
quarterly contributions to the fund in an amount equal to the required city contribution as
shown by the applicable actuarial valuation of the system.
(d) Other. Private donations, gifts and contributions may be deposited to the fund, but
such deposits must be accounted for separately and kept on a segregated bookkeeping basis.
funds arising from these sources may be used only for additional benefits for members, as
determined by the board, and may not be used to reduce what would have otherwise been
required city contributions.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-305. Benefit amounts and eligibility.
(a) Normal retirement age and date.
(1) For members hired before January 1, 2013, a member's normal retirement age is the
earlier of the attainment of age fifty (50) and the completion of twenty (20) years of
credited service, the attainment of age fifty-five (55) and the completion of ten (10)
Supp. No. 44 188.40
ADMINISTRATION § 2-305
years of credited service, the completion of twenty-five (25) years of credited service,
regardless of age, or the attainment of age sixty (60) and the completion of five (5)
years of credited service.
(2) For members hired on or after January 1, 2013, a member's normal retirement age is
the earlier of the attainment of age fifty-five (55) and the completion of ten (10) years
of credited service, or the attainment of age fifty-two (52) and the completion of
twenty-five (25) years of credited service.
Each member shall become one hundred (100) percent vested in his accrued benefit at
normal retirement age. A member's normal retirement date shall be the first day of the
month coincident with or next following the date the member retires from the city after
attaining normal retirement age.
(b) Normal retirement benefit. A member retiring hereunder on or after his normal
retirement date shall receive a monthly benefit which shall commence on the first day of the
month coincident with or next following his retirement and be continued thereafter during
member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly
payments guaranteed in any event. For members hired before January 1, 2013, the monthly
retirement benefit shall equal three (3)_percent of average final compensation for each year
of credited service. For members hired on or after January 1, 2013, the monthly retirement
benefit shall equal two (2) percent of average final compensation for each year of credited
service.
(c) Early retirement date. A member may retire on his early retirement date which shall
be the first day of any month coincident with or next following the attainment of age fifty (50)
and the completion of ten (10) years of credited service. Early retirement under the system
is retirement from employment with the city on or after the early retirement date and prior
to the normal retirement date.
(d) Early retirement benefit. A member retiring hereunder on his early retirement date
may receive either a deferred or an immediate monthly retirement benefit payable in the
same form as for normal retirement as follows:
(1) A deferred monthly retirement benefit which shall commence on what would have
been his normal retirement date, determined based upon his actual years of credited
service and shall be continued on the first day of each month thereafter. The amount
of each such deferred monthly retirement benefit shall be determined in the same
manner as for retirement on his normal retirement date, determined based upon his
actual years of credited service, except that credited service and average final
compensation shall be determined as of his early retirement date; or
(2) An immediate monthly retirement benefit which shall commence on his early
retirement date and shall be continued on the first day of each month thereafter. The
benefit payable shall be as determined in paragraph (1) above, reduced by three (3)
Supp. No. 44 188.40.1
§ 2-305 ATLANTIC BEACH CODE
percent for each year by which the commencement of benefits precedes the date
which would have been the member's normal retirement date determined based upon
his actual years of credited service.
(e) Required distribution date. The member's benefit under this section must begin to be
distributed to the member no later than April 1 of the calendar year following the later of the
calendar year in which the member attains age seventy and one-half (701/2) or the calendar
year in which the member terminates employment with the city.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-17-40, § 4, 4-24-17)
Sec. 2-306. Pre -retirement death.
(a) Prior to eligibility for retirement. The beneficiary of a deceased member who was not
receiving monthly benefits or who was not yet vested as provided for in section 2-308 or
eligible for early or normal retirement shall receive a refund of one -hundred (100) percent of
the member's accumulated contributions.
(b) Deceased members vested or eligible for retirement. In the event a vested member dies
prior to retirement, a pre -retirement death benefit shall be paid as follows:
(1) Deceased members with a designated beneficiary who is not a surviving spouse or
child. This subsection applies only when the member's spouse and/or children is/are
not the beneficiary or beneficiaries, in which case subsection (2) below applies, but
there is a surviving designated beneficiary. The designated beneficiary shall be
entitled to a benefit as follows:
a. A pension benefit computed according to subsection 2-305(b)and calculated as if
the member had selected the one hundred (100) percent joint and survivor
option computed in accordance with subsection 2-309(a)(2), and had retired the
day preceding his death, notwithstanding that the member may not have
satisfied the conditions for retirement.
Supp. No. 44 188.40.2
ADMINISTRATION § 2-310.4
(g) Participation in other defined benefit plans. The limit of this section with respect to
any member who at any time has been a member in any other defined benefit plan as defined
in IRC section 414(j) maintained by the city shall apply as if the total benefits payable under
all city defined benefit plans in which the member has been a member were payable from one
(1) plan.
(h) Ten thousand dollar ($10,000.00) limit; less than ten (10) years of service. Notwithstand-
ing anything in this section 2-310.4, the retirement benefit payable with respect to a member
shall be deemed not to exceed the limit set forth in this subsection (h) of section 2-310.4 if the
benefits payable, with respect to such member under this system and under all other
qualified defined benefit pension plans to which the city contributes, do not exceed ten
thousand dollars ($10,000.00) for the applicable limitation year or for any prior limitation
year and the city has not any time maintained a qualified defined contribution plan in which
the member participated; provided, however, that if the member has completed less than ten
(10) years of credited service with the city, the limit under this subsection (h) of section
2-310.4 shall be a reduced limit equal to ten thousand dollars ($10,000.00) multiplied by a
fraction, the numerator of which is the number of the member's years of credited service and
the denominator of which is ten (10).
(i) Reduction of benefits. Reduction of benefits and/or contributions to all plans, where
required, shall be accomplished by first reducing the member's benefit under any defined
benefit plans in which member participated, such reduction to be made first with respect to
the plan in which member most recently accrued benefits and thereafter in such priority as
shall be determined by the board and the plan administrator of such other plans, and next,
by reducing or allocating excess forfeitures for defined contribution plans in which the
member participated, such reduction to be made first with respect to the plan in which
member most recently accrued benefits and thereafter in such priority as shall be
established by the board and the plan administrator for such other plans provided, however,
that necessary reductions may be made in a different manner and priority pursuant to the
agreement of the board and the plan administrator of all other plans covering such member.
(j) Service credit purchase limits.
(1) Effective for permissive service credit contributions made in limitation years
beginning after December 31, 1997, if a member makes one (1) or more contributions
to purchase permissive service credit under the system, as allowed in sections
2-310.15 and 2-310.16, then the requirements of this section will be treated as met
only if:
a. The requirements of IRC section 415(b) are met, determined by treating the
accrued benefit derived from all such contributions as an annual benefit for
purposes of IRC section 415(b); or
b. The requirements of IRC section 415(c) are met, determined by treating all such
contributions as annual additions for purposes of IRC section 415(c).
Supp. No. 44 188.55
§ 2-310.4 ATLANTIC BEACH CODE
For purposes of applying subparagraph (j)(1)a., the system will not fail to meet the
reduced limit under IRC section 415(b)(2)(C) solely by reason of this subparagraph,
and for purposes of applying subparagraph (j)(1)b. the system will not fail to meet
the percentage limitation under section 415(c)(1)(B) of the IRC solely by reason of
this subparagraph e.
(2) For purposes of this subsection the term "permissive service credit" means service
credit:
a. Recognized by the system for purposes of calculating a member's benefit under
the plan;
b. Which such member has not received under the plan; and
c. Which such member may receive only by making a voluntary additional
contribution, in an amount determined under the system, which does not exceed
the amount necessary to fund the benefit attributable to such service credit.
Effective for permissive service credit contributions made in limitation years
beginning after December 31, 1997, such term may, if otherwise provided by the
system, include service credit for periods for which there is no performance of service,
and, notwithstanding clause (j)(2)b., may include service credited in order to provide
an increased benefit for service credit which a member is receiving under the system.
(k) Contribution limits.
(1) For purposes of applying the code section 415(c) limits which are incorporated by
reference and for purposes of this subsection (k), only and for no other purpose, the
definition of compensation where applicable will be compensation actually paid or
made available during a limitation year, except as noted below and as permitted by
Treasury Regulations section 1.415(c)-2, or successor regulations. Unless another
definition of compensation that is permitted by Treasury Regulations section
1.415(c)-2, or successor regulation, is specified by the system, compensation will be
defined as wages within the meaning of IRC Section 3401(a) and all other payments
of compensation to an employee by an employer for which the employer is required to
furnish the employee a written statement under IRC sections 6041(d), 6051(a)(3) and
6052 and will be determined without regard to any rules under IRC section 3401(a)
that limit the remuneration included in wages based on the nature or location of the
employment or the services performed (such as the exception for agricultural labor in
IRC section 3401(a)(2).
a. However, for limitation years beginning after December 31, 1997, compensation
will also include amounts that would otherwise be included in compensation but
for an election under IRC sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or
457(b). For limitation years beginning after December 31, 2000, compensation
will also include any elective amounts that are not includible in the gross
income of the employee by reason of IRC section 132(f)(4).
Supp. No. 44 188.56
ADMINISTRATION § 2-310.4
b. For limitation years beginning on and after January 1, 2007, compensation for
the limitation year will also include compensation paid by the later of two and
one-half (21/2) months after an employee's severance from employment or the
end of the limitation year that includes the date of the employee's severance
from employment if:
1. The payment is regular compensation for services during the employee's
regular working hours, or compensation for services outside the employee's
regular working hours (such as overtime or shift differential), commis-
sions, bonuses or other similar payments, and, absent a severance from
employment, the payments would have been paid to the employee while
the employee continued in employment with the employer; or
2. The payment is for unused accrued bona fide sick, vacation or other leave
that the employee would have been able to use if employment had
continued.
c. Back pay, within the meaning of Treasury Regulations section 1.415(c) -2(g)(8),
shall be treated as compensation for the limitation year to which the back pay
relates to the extent the back pay represents wages and compensation that
would otherwise be included under this definition.
(2) Notwithstanding any other provision of law to the contrary, the board may modify a
request by a member to make a contribution to the system if the amount of the
contribution would exceed the limits provided in IRC section 415 by using the
following methods:
a. If the law requires a lump sum payment for the purchase of service credit, the
board may establish a periodic payment deduction plan for the member to avoid
a contribution in excess of the limits under IRC sections 415(c) or 415(n).
b. If payment pursuant to subparagraph (k)(2)a. will not avoid a contribution in
excess of the limits imposed by IRC section 415(c), the board may either reduce
the member's contribution to an amount within the limits of that section or
refuse the member's contribution.
(3) If the annual additions for any member for a limitation year exceed the limitation
under section 415(c) of the code, the excess annual addition will be corrected as
permitted under the Employee Plans Compliance Resolution System (or similar IRS
correction program).
(4) For limitation years beginning on or after January 1, 2009, a member's compensation
for purposes of this subsection (k) shall not exceed the annual limit under section
401(a)(17) of the code.
(1) Additional limitation on pension benefits. Notwithstanding anything herein to the
contrary:
(1) The normal retirement benefit or pension payable to a retiree who becomes a
member of the system and who has not previously participated in such system, on or
Supp. No. 44 188.57
§ 2-310.4 ATLANTIC BEACH CODE
after January 1, 1980, shall not exceed one hundred (100) percent of his average final
compensation. However, nothing contained in this section shall apply to supplemental
retirement benefits or to pension increases attributable to cost -of -living increases or
adjustments.
(2) No member of the system shall be allowed to receive a retirement benefit or pension
which is in part or in whole based upon any service with respect to which the member
is already receiving, or will receive in the future, a retirement benefit or pension from
a different employer's retirement system or plan. This restriction does not apply to
social security benefits or federal benefits under Chapter 1223, Title 10, U.S. Code.
(m) Effect of direct rollover on 415(b) limit. If the plan accepts a direct rollover of an
employee's or former employee's benefit from a defined contribution plan qualified under
code section 401.(a) which is maintained by the employer, any annuity resulting from the
rollover amount that is determined using a more favorable actuarial basis than required
under code section 417(e) shall be included in the annual benefit for purposes of the limit
under code section 415(b).
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-14-39, § 2, 8-11-14; Ord. No. 58-17-40, § 5,
4-24-17)
Sec. 2-310.5. Minimum distribution of benefits.
(a) General rules.
(1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in
accordance with a good faith interpretation of the requirements of IRC section
401(a)(9) and the regulations in effect under that section, as applicable to a
governmental plan within the meaning of IRC section 414(d). Effective on and after
January 1, 2003, the plan is also subject to the specific provisions contained in this
section. The provisions of this section will apply for purposes of determining required
minimum distributions for calendar years beginning with the 2003 calendar year.
(2) Precedence. The requirements of this section will take precedence over any inconsistent
provisions of the plan.
(3) TEFRA section 242(b)(2) elections. Notwithstanding the other provisions of this
section other than this subsection (a)(3), distributions may be made under a
designation made before January 1, 1984, in accordance with section 242(b)(2) of the
Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that
related to section 242(b)(2) of TEFRA.
(b) Time and manner of distribution.
(1) Required beginning date. The member's entire interest will be distributed, or begin
to be distributed, to the member no later than the member's required beginning date
which shall not be later than April 1 of the calendar year following the later of the
calendar year in which the member attains age seventy and one-half (701/2) or the
calendar year in which the member terminates employment with the city.
Supp. No. 44 188.58
ADMINISTRATION § 2-310.5
(2) Death of member before distributions begin. If the member dies before distributions
begin, the member's entire interest will be distributed, or begin to be distributed no
later than as follows:
a. If the member's surviving spouse is the member's sole designated beneficiary,
then distributions to the surviving spouse will begin by December 31 of the
calendar year immediately following the calendar year in which the member
died, or by a date on or before December 31 of the calendar year in which the
member would have attained age seventy and one-half (701/2), if later, as the
surviving spouse elects.
b. If the member's surviving spouse is not the member's sole designated beneficiary,
then, distributions to the designated beneficiary will begin by December 31 of
the calendar year immediately following the calendar year in which the member
died.
c. If there is no designated beneficiary as of September 30 of the year following the
year of the member's death, the member's entire interest will be distributed by
December 31 of the calendar year containing the fifth anniversary of the
member's death.
d. If the member's surviving spouse is the member's sole designated beneficiary
and the surviving spouse dies after the member but before distributions to the
surviving spouse begin, this subsection (b)(2), other than subsection (b)(2)a.,
will apply as if the surviving spouse were the member.
For purposes of this subsection (b)(2), distributions are considered to begin on
the member's required beginning date or, if subsection (b)(2)d. applies, the date
of distributions are required to begin to the surviving spouse under subsection
(b)(2)a. If annuity payments irrevocably commence to the member before the
member's required beginning date (or to the member's surviving spouse before
the date distributions are required to begin to the surviving spouse under
subsection (b)(2)a.) the date distributions are considered to begin is the date
distributions actually commence.
(3) Death after distributions begin. If the member dies after the required distribution of
benefits has begun, the remaining portion of the member's interest must be
distributed at least as rapidly as under the method of distribution before the
member's death.
(4) Form of distribution. Unless the member's interest is distributed in the form of an
annuity purchased from an insurance company or in a single sum on or before the
required beginning date, as of the first distribution calendar year distributions will
be made in accordance with this section. If the member's interest is distributed in the
form of an annuity purchased from an insurance company, distributions thereunder
will be made in accordance with the requirements of section 401(a)(9) of the IRC and
Treasury regulations. Any part of the member's interest which is in the form of an
Supp. No. 44 188.59
§ 2-310.5 ATLANTIC BEACH CODE
individual account described in section 414(k) of the IRC will be distributed in a
manner satisfying the requirements of section 401(a)(9) of the IRC and Treasury
regulations that apply to individual accounts.
(c) Determination of amount to be distributed each year.
(1) General requirements. If the member's interest is paid in the form of annuity
distributions under the plan, payments under the annuity will satisfy the following
requirements:
a. The annuity distributions will be paid in periodic payments made at intervals
not longer than one (1) year.
b. The member's entire interest must be distributed pursuant to sections 2-305,
2-306, 2-308, or 2-309 (as applicable) and in any event over a period equal to or
less than the member's life or the lives of the member and a designated
beneficiary, or over a period not extending beyond the life expectancy of the
member or of the member and a designated beneficiary. The life expectancy of
the member, the member's spouse, or the member's beneficiary may not be
recalculated after the initial determination for purposes of determining benefits.
(2) Amount required to be distributed by required beginning date. The amount that must
be distributed on or before the member's required beginning date (or, if the member
dies before distributions begin, the date distributions are required to begin under
section 2-306) is the payment that is required for one (1) payment interval. The
second payment need not be made until the end of the next payment interval even if
that payment interval ends in the next calendar year. Payment intervals are the
periods for which payments are received, e.g., monthly. All of the member's benefit
accruals as of the last day of the first distribution calendar year will be included in
the calculation of the amount of the annuity payments for payment intervals ending
on or after the member's required beginning date.
(3) Additional accruals after first distribution calendar year. Any additional benefits
accruing to the member in a calendar year after the first distribution calendar year
will be distributed beginning with the first payment interval ending in the calendar
year immediately following the calendar year in which such amount accrues.
(d) General distribution rules.
(1) The amount of an annuity paid to a member's beneficiary may not exceed the
maximum determined under the incidental death benefit requirement of IRC section
401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008,
the minimum distribution incidental benefit rule under Treasury Regulation section
1.401(a)(9)-6, Q&A -2.
(2) The death and disability benefits provided by the plan are limited by the incidental
benefit rule set forth in IRC section 401(a)(9)(G) and Treasury Regulation section
Supp. No. 44 188.60
ADMINISTRATION § 2-310.6
1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or
disability benefits payable may not exceed twenty-five (25) percent of the cost for all
of the members' benefits received from the retirement system.
(e) Definitions.
(1) Designated beneficiary. The individual who is designated as the beneficiary under
the plan and is the designated beneficiary under section 401(a)(9) of the IRC and
section 1.401(a)(9)-1, Q&A -4, of the Treasury regulations.
(2) Distribution calendar year. A calendar year for which a minimum distribution is
required. For distributions beginning before the member's death, the first distribu-
tion calendar year is the calendar year immediately preceding the calendar year
which contains the member's required beginning date. For distributions beginning
after the member's death, the first distribution calendar year is the calendar year in
which distributions are required to begin pursuant to section 2-306.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-17-40, § 6, 4-24-17)
Sec. 2-310.6. Miscellaneous provisions.
(a) Interest of members in system. All assets of the fund are held in trust, and at no time
prior to the satisfaction of all liabilities under the system with respect to retirees and
members and their spouses or beneficiaries, shall any part of the corpus or income of the
fund be used for or diverted to any purpose other than for their exclusive benefit.
(b) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the
City Commission of the City of Atlantic Beach which shall have the effect of reducing the
then vested accrued benefits of members or a member's beneficiaries.
(c) Qualification of system. It is intended that the system will constitute a qualified public
pension plan under the applicable provisions of the IRC for a qualified plan under IRC
section 401(a) and a governmental plan under IRC section 414(d), as now in effect or
hereafter amended. Any modification or amendment of the system may be made retroactively,
if
Supp. No. 44 188.60.1
ADMINISTRATION § 2-310.16
(4) The maximum credit under this section shall be five (5) years.
(5) Credited service purchased pursuant to this section shall count for all purposes,
except vesting and eligibility for not -in-line of duty disability benefits.
(6) In lieu of the lump sum payment provided for in paragraph (3) above, a member may
elect to make payments over a period of time in order to fully pay the amount
provided for in paragraph (1). The member shall be required to notify the board, in
writing, of his election to make payments in the manner provided for in this
paragraph. The payment plan provided for in this paragraph shall be subject to the
following terms:
a. The principal amount to be paid shall be determined as set forth in paragraph
(1) above.
b. The original principal amount shall be amortized over the period beginning
with the first payment and ending at the end of a period equal to the number of
years being purchased and shall be reamortized annually if necessary to reflect
changes in the interest rate provided for in subparagraph (6)c. below.
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return 011 plan investments.
d. Payments shall be made by payroll deduction from each paycheck on an
after-tax basis.
e. In the event that a member dies, retires (including entry into the deferred
retirement option plan (DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to receive
all credited service requested, the member shall receive so much of the credited
service requested, determined using procedures established by the actuary,
which could be purchased with the amount of principal paid by the member to
the date of his death or termination of employment.
f. In the event that the member's employment is terminated for any reason and he
is not entitled to any benefit from the plan other than the return of the amounts
he has had deducted from his paycheck as his normal contribution to the plan,
the amounts which the member has paid pursuant to this subsection to
purchase additional credited service, shall be returned to him including all
interest.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.16. Prior police service.
Unless otherwise prohibited by law, and except as provided for in section 2-300, the years
or fractional parts of years that a member previously served as a full-time police officer with
the city during a period of previous employment and for which period accumulated
contributions were withdrawn from the fund, or the years and fractional parts of years that
Supp. No. 44 188.69
§ 2-310.16 ATLANTIC BEACH CODE
a member served as a full-time police officer for any other municipal, county or state law
enforcement department in the State of Florida shall be added to his years of credited service
provided that:
(1) The member contributes to the fund the sum that he would have contributed, based
on his salary and the member contribution rate in effect at the time that the credited
service is requested, had he been a member of the system for the years or fractional
parts of years for which he is requesting credit plus amounts actuarially determined
such that the crediting of service does not result in any cost to the fund plus payment
of costs for all professional services rendered to the board in connection with the
purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this section may be made
at any time prior to retirement.
(3) Payment by the police officer of the required amount shall be made within six (6)
months of his request for credit, but not later than the retirement date, and shall be
made in one (1) lump sum payment upon receipt of which credited service shall be
given, or the member may elect to make payment for the requested credited service
over a period of time as provided for in paragraph (7) below.
(4) The maximum credit under this section for service other than with the city of shall
be five (5) years of credited service and shall count for all purposes, except vesting
and eligibility for not -in-line of duty disability benefits. There shall be no maximum
purchase of credit for prior service with the City of Atlantic Beach and such credit
shall count for all purposes, including vesting.
(5) In no event, however, may credited service be purchased pursuant to this section for
prior service with any other municipal, county or state law enforcement department,
if such prior service forms or will form the basis of a retirement benefit or pension
from a different employer's retirement system or plan as set forth in subsection
2-310.4(1)(2).
(6) For purposes of determining credit for prior service as a police officer as provided for
in this section, in addition to service as a police officer in this state, credit may be
purchased by the member in the same manner as provided above for federal, other
state, county or municipal service if the prior service is recognized by the criminal
justice standards and training commission within the department of law enforce-
ment, as provided under Chapter 943, Florida Statutes, or the police officer provides
proof to the board that such service is equivalent to the service required to meet the
definition of a police officer under section 2-300, definitions.
(7) In lieu of the lump sum payment provided for in paragraph (3) above, a member may
elect to make payments over a period of time in order to fully pay the amount
provided for in paragraph (1). The member shall be required to notify the board, in
Supp. No. 44 188.70
ADMINISTRATION § 2-310.17
writing, of his election to make payments in the manner provided for in this
paragraph. The payment plan provided for in this paragraph shall be subject to the
following terms:
a. The principal amount to be paid shall be determined as set forth in paragraph
(1) above.
b. The original principal amount shall be amortized over the period beginning
with the first payment and ending at the end of a period equal to the number of
years being purchased and shall be reamortized annually if necessary to reflect
changes in the interest rate provided for in subparagraph (7)c. below.
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return on plan investments.
d. Payments shall be made by payroll deduction from each paycheck on an
after-tax basis.
e. In the event that a member dies, retires (including entry into the deferred
retirement option plan (DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to receive
all credited service requested, the member shall receive so much of the credited
service requested, determined using procedures established by the actuary,
which could be purchased with the amount of principal paid by the member to
the date of his death or termination of employment.
f. In the event that the member's employment is terminated for any reason and he
is not entitled to any benefit from the plan other than the return of the amounts
he has had deducted from his paycheck as his normal contribution to the plan,
the amounts which the member has paid pursuant to this subsection to
purchase additional credited service, shall be returned to him, including all
interest paid.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-17-40, § 7, 4-24-17)
Sec. 2-310.17. Reemployment after retirement.
(a) [Generally.] Any retiree who is retired under this system, except for disability
retirement as previously provided for, may be reemployed by any public or private employer,
except the city, and may receive compensation from that employment without limiting or
restricting in any way the retirement benefits payable under this system. Reemployment by
the city shall be subject to the limitations set forth in this section.
(b) After normal retirement. Any retiree who is retired under normal retirement pursuant
to this system and who is reemployed as a police officer after that retirement and, by virtue
of that reemployment, is eligible to participate in this system, shall upon being reemployed,
discontinue receipt of benefits. Upon reemployment, the retiree shall be deemed to be fully
vested and the additional credited service accrued during the subsequent employment period
shall be used in computing a second benefit amount attributable to the subsequent
Supp. No. 44 188.71
§ 2-310.17 ATLANTIC BEACH CODE
employment period, which benefit amount shall be added to the benefit determined upon the
initial retirement to determine the total benefit payable upon final retirement. Calculations
of benefits upon retirement shall be based upon the benefit accrual rate, average final
compensation, and credited service as of that date and the retirement benefit amount for any
subsequent employment period shall be based upon the benefit accrual rate, average final
compensation (based only on the subsequent employment period), and credited service as of
the date of subsequent retirement The amount of any death or disability benefit received as
a result of a subsequent period of employment shall be reduced by the amount of accrued
benefit eligible to be paid for a prior period of employment. The optional form of benefit and
any joint pensioner selected upon initial retirement shall not be subject to change upon
subsequent retirement except as otherwise provided herein, but the member may select a
different optional form and joint pensioner applicable to the subsequent retirement benefit.
(c) [Receipt of benefits.] Any retiree who is retired under normal retirement pursuant to
this system and who is reemployed by the city after that retirement and, by virtue of that
reemployment is ineligible to participate in this system, shall, during the period of such
reemployment, continue receipt of benefits during any subsequent employment period.
(d) After early retirement. Any retiree who is retired under early retirement pursuant to
this system and who subsequently becomes an employee of the city in any capacity shall
discontinue receipt of benefits from the system. If by virtue of that reemployment, the
retiree is eligible to participate in this system, the retiree shall be deemed to be fully vested
and the additional credited service accrued during the subsequent employment period shall
be used in computing a second benefit amount attributable to the subsequent employment
period, which benefit amount shall be added to the benefit determined upon the initial
retirement to determine the total benefit payable upon final retirement. Calculations of
benefits upon retirement shall be based upon the benefit accrual rate, average final
compensation, credited service and early retirement reduction factor as of that date and the
retirement benefit amount for any subsequent employment period shall be based upon the
benefit accrual rate, average final compensation (based only on the subsequent employment
period), and credited service as of the date of subsequent retirement The amount of any
death or disability benefit received as a result of a subsequent period of employment shall be
reduced by the amount of accrued benefit eligible to be paid for a prior period of employment.
The optional form of benefit and any joint pensioner selected upon initial retirement shall
not be subject to change upon subsequent retirement except as otherwise provided herein,
but the member may select a different optional form and joint pensioner applicable to the
subsequent retirement benefit. Retirement pursuant to an early retirement incentive
program shall be deemed early retirement for purposes of this section if the member was
permitted to retire prior to the customary retirement date provided for in the system at the
time of retirement.
(e) Reemployment of terminated vested persons. Reemployed terminated vested persons
shall not be subject to the provisions of this section until such time as they begin to actually
receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as
Supp. No. 44 188.72
ADMINISTRATION § 2-310.18
normal or early retirees for purposes of applying the provisions of this section and their
status as an early or normal retiree shall be determined by the date they elect to begin to
receive their benefit.
(f) DROP participants. Members or retirees who are or were in the deferred retirement
option plan shall, following termination of employment after DROP participation, have the
options provided for in this section for reemployment.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.18. Deferred retirement option plan.
(a) Definitions. As used in this section 2-310.18, the following definitions apply:
(1) DROP. The City of Atlantic Beach Police Officers' Retirement System Deferred
Retirement Option Plan.
(2) DROP account. The account established for each DROP participant under subsection
(c).
(3) Total return of the assets. For purposes of calculating earnings on a member's DROP
account pursuant to subsection (c)(2)b., for each fiscal year quarter, the percentage
increase (or decrease) in the interest and dividends earned on investments, including
realized and unrealized gains (or losses), of the total plan assets.
(b) Participation.
(1) Eligibility to participate. In lieu of terminating his employment as a police officer,
any member who is eligible for normal or early retirement under the system may
elect to defer receipt of such service retirement pension and to participate in the
DROP.
(2) Election to participate. A member's election to participate in the DROP must be made
in writing in a time and manner determined by the board and shall be effective on
the first day of the first calendar month which is at least fifteen (15) business days
after it is received by the board.
(3) Period of participation. A member who elects to participate in the DROP under
subsection (b)(2), shall participate in the DROP for a period not to exceed sixty (60)
months beginning at the time his election to participate in the DROP first becomes
effective. An election to participate in the DROP shall constitute an irrevocable
election to resign from the service of the city not later than the date provided for in
the previous sentence. A member may participate only once.
(4) Termination of participation.
a. A member's participation in the DROP shall cease at the earlier of:
1. The end of his permissible period of participation in the DROP as
determined under subsection (b)(3); or
2. Termination of his employment as a police officer.
Supp. No. 44 188.73
§ 2-310.18 ATLANTIC BEACH CODE
b. Upon the member's termination of participation in the DROP, pursuant to
subsection (4)a.1. above, all amounts provided for in subsection (c)(2), including
monthly benefits and investment earnings and losses, shall cease to be
transferred from the system to his DROP account. Any amounts remaining in
his DROP account shall be paid to him in accordance with the provisions of
subsection (d) when he terminates employment as a police officer.
c. A member who terminates his participation in the DROP under this subsection
(b)(4) shall not be permitted to again become a participant in the DROP.
(5) Effect of DROP participation on the system.
a. A member's credited service and his accrued benefit under the system shall be
determined on the date his election to participate in the DROP first becomes
effective. For purposes of determining the accrued benefit, the member's salary
for the purposes of calculating his average final compensation shall include an
amount equal to any lump sum payments which would have been paid to the
member and included as salary as defined herein, had the member retired
under normal retirement and not elected DROP participation. Member contribu-
tions attributable to any lump sums used in the benefit calculation and not
actually received by the member shall be deducted from the first payments to
the member's DROP account. The member shall not accrue any additional
credited service or any additional benefits under the system (except for any
supplemental benefit payable to DROP participants or any additional benefits
provided under any cost -of -living adjustment for retirees in the system) while
he is a participant in the DROP. After a member commences participation, he
shall Intl to peiiiui Leu Lo again cunLiiuuLe Lo Line systeun not shall he be eligible
for disability or pre -retirement death benefits, except as provided for in section
2-310.17, reemployment after retirement.
b. No amounts shall be paid to a member from the system while the member is a
participant in the DROP. Unless otherwise specified in the system, if a
member's participation in the DROP is terminated other than by terminating
his employment as a police officer, no amounts shall be paid to him from the
system until he terminates his employment as a police officer. Unless otherwise
specified in the system, amounts transferred from the system to the member's
DROP account shall be paid directly to the member only on the termination of
his employment as a police officer.
(c) Funding.
(1) Establishment of DROP account. A DROP account shall be established for each
member participating in the DROP. A member's DROP account shall consist of
amounts transferred to the DROP under subsection (c)(2), and earnings or losses on
those amounts.
Supp. No. 44 188.74
ADMINISTRATION § 2-310.18
(2) Transfers from retirement system.
a. As of the first day of each month of a member's period of participation in the
DROP, the monthly retirement benefit he would have received under the system
had he terminated his employment as a police officer and elected to receive
monthly benefit payments thereunder shall be transferred to his DROP
account, except as otherwise provided for in subsection (b)(4)b. A member's
period of participation in the DROP shall be determined in accordance with the
provisions of subsections (b)(3) and (b)(4), but in no event shall it continue past
the date he terminates his employment as a police officer.
b. Except as otherwise provided in subsection (b)(4)b., a member's DROP account
under this subsection (c)(2) shall be debited or credited with earnings, to be
credited or debited to the member's DROP account, determined as of the last
business day of each fiscal year quarter and debited or credited as of such date,
determined as follows:
The average daily balance in a member's DROP account shall be credited or
debited at a rate equal to the net investment return realized by the system for
that quarter. "Net investment return" for the purpose of this paragraph is the
total return of the assets in which the member's DROP account is invested by
the board net of brokerage commissions, transaction costs and management
fees.
For purposes of calculating earnings on a member's DROP account pursuant to
this subsection (c)(2)b., brokerage commissions, transaction costs, and manage-
ment fees shall be determined for each quarter by the investment consultant
pursuant to contracts with fund managers as reported in the custodial
statement. The investment consultant shall report these quarterly contractual
fees to the board. The investment consultant shall also report the net
investment return for each manager and the net investment return for the total
plan assets.
c. A member's DROP account shall only be credited or debited with, earnings or
losses and monthly benefits while the member is a participant in the DROP. A
member's final DROP account value for distribution to the member upon
termination of participation in the DROP shall be the value of the account at
the end of the quarter immediately preceding termination of participation plus
any monthly periodic additions made to the DROP account subsequent to the
end of the previous quarter and prior to distribution. If a member fails to
terminate employment after participating in the DROP for the permissible
period of DROP participation, then beginning with the member's first month of
employment following the last month of the permissible period of DROP
participation, the member's DROP account will no longer be credited or debited
with earnings or losses, nor will monthly benefits be transferred to the DROP
account. All such non -transferred amounts shall be forfeited and continue to be
forfeited while the member is employed by the police department, and no
Supp. No. 44 188.75
§ 2-310.18 ATLANTIC BEACH CODE
cost -of -living adjustments shall be applied to the member's credit during such
period of continued employment. A member employed by the police department
after the permissible period of DROP participation will still not be eligible for
pre -retirement death and disability benefits, and will not accrue additional
credited service except as provided for in section 2-310.17, reemployment after
retirement.
(d) Distribution of DROP accounts on termination of employment.
(1) Eligibility for benefits. A member shall receive the balance in his DROP account in
accordance with the provisions of this subsection (d) upon his termination of
employment as a police officer. Except as provided in subsection (d)(5), no amounts
shall be paid to a member from the DROP prior to his termination of employment as
a police officer.
(2) Form of distribution.
a. Unless the member elects otherwise, distribution of his DROP account shall be
made in a lump sum, subject to the direct rollover provisions set forth in
subsection (d)(6). Elections under this paragraph shall be in writing and shall
be made in such time or manner as the board shall determine.
b. Notwithstanding the preceding, if a member dies before his benefit is paid, his
DROP account shall be paid to his beneficiary in such optional form as his
beneficiary may select. If no beneficiary designation is made, the DROP account
shall be distributed to the member's estate.
(3) Date of payment of distribution. Except as otherwise provided in this subsection (d),
distribution of a member's DROP account shall be made as soon as administratively
xrViuuble "foliovvYg the
ixi�xuKiei 5 i,eruiuid,iGti of eliipiuyuiuit. Dib1,111JULion or the
amount in a member's DROP account will not be made unless the member completes
a written request for distribution and a written election, on forms designated by the
board, to either receive a cash lump sum or a rollover of the lump sum amount.
(4) Proof of death and right of beneficiary or other person. The board may require and
rely upon such proof of death and such evidence of the right of any beneficiary or
other person to receive the value of a deceased member's DROP account as the board
may deem proper and its determination of the right of that beneficiary or other
person to receive payment shall be conclusive.
(5) Distribution limitation. Notwithstanding any other provision of subsection (d), all
distributions from the DROP shall conform to the "minimum distribution of benefits"
provisions as provided for herein.
(6) Direct rollover of certain distributions. This subsection applies to distributions made
on or after January 1, 2002. Notwithstanding any provision of the DROP to the
contrary, a distributee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the system in
section 2-310.13.
Supp. No. 44 188.76
ADMINISTRATION § 2-310.18
(e) Administration of DROP.
(1) Board administers the DROP The general administration of the DROP, the
responsibility for carrying out the provisions of the DROP and the responsibility of
overseeing the investment of the DROP's assets shall be placed in the board. The
members of the board may appoint from their number such subcommittees with such
powers as they shall determine; may adopt such administrative procedures and
regulations as they deem desirable for the conduct of their affairs; may authorize one
(1) or more of their number or any agent to execute or deliver any instrument or
make any payment on their behalf; may retain counsel, employ agents and provide
for such clerical, accounting, actuarial and consulting services as they may require in
carrying out the provisions of the DROP; and may allocate among themselves or
delegate to other persons all or such portion of their duties under the DROP, other
than those granted to them as trustee under any trust agreement adopted for use in
implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall
not vote on any question relating exclusively to himself.
(2) Individual accounts, records and reports. The board shall maintain records showing
the operation and condition of the DROP, including records showing the individual
balances in each member's DROP account, and the board shall keep in convenient
form such data as may be necessary for the valuation of the assets and liabilities of
the DROP. The board shall prepare and distribute to members participating in the
DROP and other individuals or file with the appropriate governmental agencies, as
the case may be, all necessary descriptions, reports, information returns, and data
required to be distributed or filed for the DROP pursuant to the IRC and any other
applicable laws.
(3) Establishment of rules. Subject to the limitations of the DROP, the board from time
to time shall establish rules for the administration of the DROP and the transaction
of its business. The board shall have discretionary authority to construe and
interpret the DROP (including, but not limited to, determination of an individual's
eligibility for DROP participation, the right and amount of any benefit payable under
the DROP and the date on which any individual ceases to be a participant in the
DROP). The determination of the board as to the interpretation of the DROP or its
determination of any disputed questions shall be conclusive and final to the extent
permitted by applicable law.
(4) Limitation of liability.
a. The trustees shall not incur any liability individually or on behalf of any other
individuals for any act or failure to act, made in good faith in relation to the
DROP or the funds of the DROP.
b. Neither the board nor any trustee of the board shall be responsible for any
reports furnished by any expert retained or employed by the board, but they
shall be entitled to rely thereon as well as on certificates furnished by an
accountant or an actuary, and on all opinions of counsel. The board shall be
Supp. No. 44 188.77
§ 2-310.18 ATLANTIC BEACH CODE
fully protected with respect to any action taken or suffered by it in good faith in
reliance upon such expert, accountant, actuary or counsel, and all actions taken
or suffered in such reliance shall be conclusive upon any person with any
interest in the DROP.
(f) General provisions.
(1) The DROP is not a separate retirement plan. Instead, it is a program under which a
member who is eligible for normal retirement under the system may elect to accrue
future retirement benefits in the manner provided in this section 2-310.18 for the
remainder of his employment, rather than in the normal manner provided under the
plan. Upon termination of employment, a member is entitled to a lump sum
distribution of his or her DROP account balance or may elect a rollover. The DROP
account distribution is in addition to the member's monthly benefit.
(2) Notional account. The DROP account established for such a member is a notional
account, used only for the purpose of calculation of the DROP distribution amount. It
is not a separate account in the system. There is no change in the system's assets,
and there is no distribution available to the member until the member's termination
from the DROP. The member has no control over the investment of the DROP
account.
(3) No employer discretion. The DROP benefit is determined pursuant to a specific
formula which does not involve employer discretion.
(4) IRC limit. The DROP account distribution, along with other benefits payable from
the system, is subject to limitation under Internal Revenue Code Section 415(b).
(5) Amendment of DROP. The DROP may be amended by an ordinance of the city at any
time and from Lime to time, and retroactively if deemed necessary or appropriate, to
amend in whole or in part any or all of the provisions of the DROP. However, except
as otherwise provided by law, no amendment shall make it possible for any part of
the DROP's funds to be used for, or diverted to, purposes other than for the exclusive
benefit of persons entitled to benefits under the DROP. No amendment shall be made
which has the effect of decreasing the balance of the DROP account of any member.
(6) Facility of payment. If a member or other person entitled to a benefit under the
DROP is unable to care for his affairs because of illness or accident or is a minor, the
board shall direct that any benefit due him shall be made only to a duly appointed
legal representative. Any payment so made shall be a complete discharge of the
liabilities of the DROP for that benefit.
(7) Information. Each member, beneficiary or other person entitled to a benefit, before
any benefit shall be payable to him or on his account under the DROP, shall file with
the board the information that it shall require to establish his rights and benefits
under the DROP.
(8) Prevention of escheat. If the board cannot ascertain the whereabouts of any person to
whom a payment is due under the DROP, the board may, no earlier than three (3)
Supp. No. 44 188.78
ADMINISTRATION § 2-310.18
years from the date such payment is due, mail a notice of such due and owing
payment to the last known address of such person, as shown on the records of the
board or the city. If such person has not made written claim therefor within three (3)
months of the date of the mailing, the board may, if it so elects and upon receiving
advice from counsel to the system, direct that such payment and all remaining
payments otherwise due such person be canceled on the records of the system. Upon
such cancellation, the system shall have no further liability therefor except that, in
the event such person or his beneficiary later notifies the board of his whereabouts
and requests the payment or payments due to him under the DROP, the amount so
applied shall be paid to him in accordance with the provisions of the DROP.
(9) Written elections, notification.
a. Any elections, notifications or designations made by a member pursuant to the
provisions of the DROP shall be made in writing and filed with the board in a
time and manner determined by the board under rules uniformly applicable to
all employees similarly situated. The board reserves the right to change from
time to time the manner for making notifications, elections or designations by
members under the DROP if it determines after due deliberation that such
action is justified in that it improves the administration of the DROP. In the
event of a conflict between the provisions for making an election, notification or
designation set forth in the DROP and such new administrative procedures,
those new administrative procedures shall prevail.
b. Each member or retiree who has a DROP account shall be responsible for
furnishing the board with his current address and any subsequent changes in
his address. Any notice required to be given to a member or retiree hereunder
shall be deemed given if directed to him at the last such address given to the
board and mailed by registered or certified United States mail. If any check
mailed by registered or certified United States mail to such address is returned,
mailing of checks will be suspended until such time as the member or retiree
notifies the board of his address.
(10) Benefits not guaranteed. All benefits payable to a member from the DROP shall be
paid only from the assets of the member's DROP account and neither the city nor the
board shall have any duty or liability to furnish the DROP with any funds, securities
or other assets except to the extent required by any applicable law.
(11) Construction.
a. The DROP shall be construed, regulated and administered under the laws of
Florida, except where other applicable law controls.
b. The titles and headings of the subsections in this section 2-310.18 are for
convenience only. In the case of ambiguity or inconsistency, the text rather than
the titles or headings shall control.
Supp. No. 44 188.79
§ 2-310.18 ATLANTIC BEACH CODE
(12) Forfeiture of retirement benefits. Nothing in this section shall be construed to remove
DROP participants from the application of any forfeiture provisions applicable to the
system. DROP participants shall be subject to forfeiture of all retirement benefits,
including DROP benefits.
(13) Effect of DROP participation on employment. Participation in the DROP is not a
guarantee of employment and DROP participants shall be subject to the same
employment standards and policies that are applicable to employees who are not
DROP participants.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-17-40, § 8, 4-24-17)
Sec. 2-310.19. Supplemental benefit component for special benefits; chapter 185
share accounts.
There is hereby established an additional plan component to provide special benefits in
the form of a supplemental retirement, termination, death and disability benefits to be in
addition to the benefits provided for in the previous sections of this plan, such benefit to be
funded solely and entirely by F.S. ch. 185, premium tax monies for each plan year which are
allocated to this supplemental component as provided for in F.S. § 185.35. Amounts allocated
to this supplemental component ("share plan"), if any, shall be further allocated to the
members and DROP participants as follows:
(a) Individual member share accounts. The board shall create individual "member share
accounts" for all actively employed plan members and DROP participants and
maintain appropriate books and records showing the respective interest of each
member or Dim" -par Licipani, uereuuuer. Each member or unur pariicipaii shall
have a member share account for his share of the F.S. ch. 185 tax revenues described
above, forfeitures and income and expense adjustments relating thereto. The board
shall maintain separate member share accounts, however, the maintenance of
separate accounts is for accounting purposes only and a segregation of the assets of
the trust fund to each account shall not be required or permitted.
(b) Share account funding.
(1) Individual member share accounts shall be established as of September 30,
2015 for all members and DROP participants who were actively employed as of
October 1, 2014. Individual member share accounts shall be credited with an
allocation as provided for in the following subsection (c) of any premium tax
monies which have been allocated to the share plan for that plan year,
beginning with the plan year ending September 30, 2015.
(2) Any forfeitures as provided in subsection (d), shall be used as part of future
allocations to the individual member share accounts in accordance with the
formula set forth in subsection (c)(1).
Supp. No. 44 188.80
ADMINISTRATION § 2-310.19
(c) Allocation of monies to share accounts.
(1) Allocation of chapter 185 contributions.
a. Effective as of September 30, 2015, the amount of any premium tax monies
allocated to the share plan shall be allocated to individual member share
accounts as provided for in this subsection. Members retiring on or after
October 1, 2014 and prior to September 30, 2015 shall receive an
allocation. In addition, all premium tax monies allocated to the share plan
in any subsequent plan year shall also be allocated as provided for in this
subsection. Available premium tax monies shall be allocated to individual
member share accounts at the end of each plan year on September 30 (a
"valuation date").
b. On each valuation date, each current actively employed member of the
plan not participating in the DROP, each DROP participant and each
retiree who retires or DROP participant who has terminated DROP
participation in the plan year ending on the valuation date (including each
disability retiree), or beneficiary of a deceased member (not including
terminated vested persons) who is otherwise eligible for an allocation as of
the valuation date shall receive a share allocation as follows:
c. The total funds subject to allocation on each valuation date shall be
allocated to each member share account of those eligible for an allocation
in an amount equal to a fraction of the total amount, the numerator of
which shall be the individual's total years and fractional parts of years of
credited service as of the valuation date, and the denominator of which
shall be the sum of the total years and fractional parts of years of credited
service as of the valuation date of all individuals to whom allocations are
being made. Beneficiaries shall receive an allocation based on the years of
credited service of the deceased member or DROP participant.
d. Re-employed retirees shall be deemed new employees and shall receive an
allocation basedsolelyon the credited service in the reemployment period.
(2) Allocation of investment gains and losses. On each valuation date, each
individual member share account shall be adjusted to reflect the net earnings or
losses resulting from investments during the year. The net earnings or losses
allocated to the individual member share accounts shall be the same percentage
which is earned or lost by the total plan investments, including realized and
unrealized gains or losses, net of brokerage commissions, transaction costs and
management fees.
Net earnings or losses are determined as of the last business day of the fiscal
year, which is the valuation date, and are debited or credited as of such date.
For purposes of calculating net earnings or losses on a member's share account
pursuant to this subsection, brokerage commissions, transaction costs, and
management fees for the immediately preceding fiscal year shall be determined
Supp. No. 44 188.81
§ 2-310.19 ATLANTIC BEACH CODE
for each year by the investment consultant pursuant to contracts with fund
managers as reported in the custodial statement. The investment consultant
shall report these annual contractual fees to the board. The investment
consultant shall also report the net investment return for each manager and the
net investment return for the total plan assets.
(3) Allocation of costs, fees and expenses. On each valuation date, each individual
member share account shall be adjusted to allocate its pro rata share of the
costs, fees and expenses of administration of the share plan. These fees shall be
allocated to each individual member share account on a proportionate basis
taking the costs, fees and expenses of administration of the share plan as a
whole multiplied by a fraction, the numerator of which is the total assets in
each individual member share account (after adding the annual investment
gain or loss) and the denominator of which is the total assets of the fund as a
whole as of the same date.
(4) No right to allocation. The fact of allocation or credit of an allocation to a
member's share account by the board shall not vest in any member, any right,
title, or interest in the assets of the trust or in the chapter 185 tax revenues
except at the time or times, to the extent, and subject to the terms and
conditions provided in this section.
(5) [Annual statements.] Members and DROP participants shall be provided annual
statements setting forth their share account balance as of the end of the plan
year.
(d) Forfeitures. Any member who was hired before January 1, 2013 and has less than five
(5) years of service credit, or any member who was hired on or after January 1, 2013
and has ten (10) years of service credit and who is not otherwise eligible for payment
of benefits after termination of employment with the city as provided for in
subsection (e) shall forfeit his individual member share account. Forfeited amounts
shall be included and used as part of the chapter 185 tax revenues for future
allocations to individual member share accounts on each valuation date in accordance
with the formula set forth in subsection (c)(1).
(e) Eligibility for benefits. Any member (or his beneficiary) who terminates employment
as a police officer with the city or who dies, upon application filed with the board,
shall be entitled to be paid the value of his individual member share account, subject
to the following criteria:
(1) Retirement benefit.
a. A member shall be entitled to one hundred (100) percent of the value of his
share account upon normal or early retirement pursuant to section 2-305,
or if the member enters the DROP, upon termination of employment.
b. Such payment shall be made as provided in subsection (f).
Supp. No. 44 188.82
ADMINISTRATION § 2-310.19
(2) Termination benefit.
a. In the event that a member's employment as a police officer is terminated
by reason other than retirement, death or disability, he shall be entitled to
receive the value of his share account only if he is vested in accordance
with section 2-308.
b. Such payment shall be made as provided in subsection (f).
(3) Disability benefit.
a. In the event that a member is determined to be eligible for either an in-line
of duty disability benefit pursuant to section 2-307, subsection (a) or a
not -in-line of duty disability benefit pursuant to section 2-307, subsection
(c), he shall be entitled to one hundred (100) percent of the value of his
share account.
b. Such payment shall be made as provided in subsection (f).
(4) Death benefit.
a. In the event that a member or DROP participant dies while actively
employed as a police officer, one hundred (100) percent of the value of his
member share account shall be paid to his designated beneficiary as
provided in section 2-306.
b. Such payment shall be made as provided in subsection (f).
(f) Payment of benefits. If a member or DROP participant terminates employment for
any reason or dies and he or his beneficiary is otherwise entitled to receive the
balance in the member's share account, the member's share account shall be valued
by the plan's actuary on the next valuation date as provided for in subsection (c)
above, following termination of employment. Payment of the calculated share
account balance shall be payable as soon as administratively practicable following'
the valuation date, but not later than one hundred fifty (150) days following the
valuation date and shall be paid in one (1) lump sum payment. No optional forms of
payments shall be permitted.
(g) Benefits not guaranteed. All benefits payable under this section 2-310.19 shall be
paid only from the assets accounted for in individual member share accounts.
Neither the city nor the board shall have any duty or liability to furnish any
additional funds, securities or other assets to fund share account benefits. Neither
the board nor any trustee shall be liable for the making, retention, or sale of any
investment or reinvestment made as herein provided, nor for any loss or diminish-
ment of the member share account balances, except due to his or its own negligence,
willful misconduct or lack of good faith. All investments shall be made by the board
subject to the restrictions otherwise applicable to fund investments.
(h) Notional account. The member share account is a notional account, used only for the
purpose of calculation of the share distribution amount. It is not a separate account
in the system. There is no change in the system's assets, and there is no distribution
Supp. No. 44 188.83
§ 2-310.19 ATLANTIC BEACH CODE
available to the member or DROP participant until the member's or DROP
participant's termination from employment. The member or DROP participant has
no control over the investment of the share account.
(i) No employer discretion. The share account benefit is determined pursuant to a
specific formula which does not involve employer discretion.
(j) Maximum additions. Notwithstanding any other provision of this section, annual
additions under this section shall not exceed the limitations of section 415(c) of the
code pursuant to the provisions of section 2-310.4(k).
(k) IRC limit. The share account distribution, along with other benefits payable from the
system, is subject to limitation under Internal Revenue Code section 415(b).
(Ord. No. 58-17-40, § 9, 4-24-17)
DIVISION 5. DEFINED CONTRIBUTION PLAN*
Sec. 2-310.20. Eligibility and membership requirements.
(a) Conditions of eligibility.
(1) An employee is eligible to participate in the defined contribution plan if they are
employed with the city on or after September 1, 2008; and
(2) The employee specified above is in a full-time position with the city or is in the
classification of regular part-time employee who has a regular schedule of hours
worked each pay period.
(b) Conditions of ineligibility.
(1) An employee is ineligible to participate in the defined contribution plan if employed
by the city prior to September 1, 2008, and is a member of the defined benefit pension
plan for the City of Atlantic Beach; or
(2) If any city managerial or professional employee is employed pursuant to an
individual contract of employment with different terms and conditions for a defined
contribution plan is ineligible to participate in this defined contribution plan; or
(3) Any person whose service to the city is rendered on a contractual or fee basis is
ineligible to participate in the defined contribution plan; or
(4) Any person employed in a position classified as seasonal is ineligible to participate in
the defined contribution plan; or
(5) Any person covered by a bargaining agreement between the city and the City of
Atlantic Beach Police Department is ineligible to participate in the defined contribu-
tion plan; or
*Editor's note—Section 1 of Ord. No. 58-13-35, adopted June 10, 2013, added provisions
designated as Div. 5, §§ 2-320-2-329. Inasmuch as sections already exist, said provisions
have been redesignated as Div. 5, §§ 2-310.20-2-310.29, at the discretion of the editor.
Supp. No. 44 188.84
ADMINISTRATION § 2-310.25
(6) Any participant of the Atlantic Beach Police Officers' Retirement System is not
eligible to participate in the defined contribution plan; or
(7) An elected official when serving in their capacity during their time in office is
ineligible to participate in the defined contribution plan.
(c) Membership.
(1) An eligible employee may enroll in the defined contribution plan at any time during
their employment with the city.
(2) All employees that meet the above conditions of eligibility will be enrolled in the City
of Atlantic Beach Defined Contribution Plan at ten (10) years of service if they have
not already become members before reaching ten (10) years of service.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.21. Plan year.
The plan year will be defined as the twelve (12) consecutive month period commencing on
October 1.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.22. Normal retirement age.
Normal retirement age for the City of Atlantic Beach Defined Contribution Plan shall be
age sixty (60).
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.23. Variable employer match of voluntary participant contributions.
(a) During the first ten (10) years of service, the employer shall contribute matching
contributions up to six (6) percent of earnings based on the participants' percentage of
earnings contributed to the 457 defined contribution plan.
(b) Employer contributions for a plan year shall be contributed to the trust bi-weekly.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.24. Contribution provisions.
Employer contributions. The employer shall contribute a fixed contribution of four (4)
percent of earnings after the employee has obtained ten (10) years of service at the city.
Mandatory participant contributions are not required.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.25. Earnings.
(a) Earnings. Earnings, as defined under section 2-323 shall not include overtime or
bonuses.
Supp. No. 44 188.85
§ 2-310.25 ATLANTIC BEACH CODE
(b) At termination. Earnings will not include accrued unpaid personal leave and/or comp
time that would otherwise be paid to the employee in cash.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.26. Vesting provisions.
(a) The employee will be fully vested at five (5) years of completed service. The date of
enrollment in the plan does not affect the vesting period.
(b) Non -vested members of the City of Atlantic Beach Defined Benefit Plan who are
transferred to the defined contribution plan will receive credit for their years of service
towards vesting.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.27. Withdraws and loans.
(a) Loans. Loans from the City of Atlantic Beach Defined Contribution Plan are not
permitted.
(b) In-service distributions. In-service distributions from the City of Atlantic Beach
Defined Contribution Plan are not permitted at any age.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.28. Spousal protection.
The plan will provide participant directed election. The normal form of payment of
benefits under the plan is a lump sum. The participant can name any person(s) as the
benofioiory of 1 --ho rola» .xri th nn 'r.rn!.ca-I consort recroiro{l
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.29. Administrative provisions.
The city commission shall adopt the terms and provisions for the administrative
provisions of the defined contribution plan by resolution, provided that they shall not conflict
with any of the provisions of this division.
(Ord. No. 58-13-35, § 1, 6-10-13)
ARTICLE VII. FINANCE*
DIVISION 1. GENERALLY
Sec. 2-311. Fiscal year.
*Cross references—Any ordinance promising or guaranteeing payment of money for the
city or authorizing the issuance of any bonds of the city or any evidence of the city's
Supp. No. 44 188.86
ADMINISTRATION § 2-312
The fiscal year of the city is hereby established to begin on October first of each year and
end on September thirtieth of the following year.
(Code 1970, § 8-1; Ord. No. 5-99-32, § 1, 12-14-99)
State law reference—Mandate for fiscal year, F.S. §§ 166.241, 218.33.
Sec. 2-312. Allotments, constitute basis of expenditures and are subject to revi-
sion.
The city manager shall authorize all expenditures for the offices, departments and
agencies to be made from the appropriation on the basis of approved allotments and not
otherwise. An approved allotment may be revised during the budget year in the same
manner as the original allotment was made. If, at any time during the budget year, the city
manager shall ascertain that the available income, plus balances, for the year will be less
than the total appropriations, he shall reconsider the work program and allotments of the
several offices, departments and agencies and revise the allotments so as to forestall the
making of expenditures in excess of such income.
(Laws of Fla., Ch. 57-1126, § 65; Ord. No. 5-99-32, § 1, 12-14-99)
indebtedness or any contract or any obligation assumed by the city saved from repeal,
§ 1-5(1); any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); department
of finance, § 2-71 et seq.; taxation generally, Ch. 20.
State law references—Municipal finance and taxation. F.S. § 166.201 et seq.; municipal
borrowing, F.S. § 166.101 et seq.; financial matters pertaining to political subdivisions, F.S.
Ch. 218.
Supp. No. 44 188.87
Sec. 19-1.
Sec. 19-2.
Sec. 19-3.
Sec. 19-4.
Sec. 19-5.
Sec. 19-6.
Chapter 19
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
Article I. General Provisions
Construction within and/or use of city rights-of-way.
Permits and revocable licenses required.
Closing of streets for various events.
Special events.
Intersections: sight distance requirements and safety zones.
Traffic calming devices.
Sec. 19-7. Construction of driveways in rights-of-way.
Secs. 19-8-19-19. Reserved.
Article II. Utility Placement Within City Rights -of -Way
Sec. 19-20. Applicability.
Sec. 19-21. Permit required.
Sec. 19-22. Provisions of permit.
Sec. 19-23. When bond may be required.
Sec. 19-24. Fees authorized.
Sec. 19-25. Moving or removal of utility lines.
Sec. 19-26. Authority to implement article.
Sec. 19-27. Noncompliance unlawful.
Secs. 19-28, 19-29. Reserved.
Article III. Communications Facilities in Public Rights -of -Way
Sec. 19-30. Short title.
Sec. 19-31. Findings, intent and scope.
Sec. 19-32. Definitions.
Sec. 19-33. Registration.
Sec. 19-34. Notice of transfer, sale or assignment of assets.
Sec. 19-35. Rules, regulations and general conditions to placement of and use of
communications systems and facilities and utility poles in the public
right-of-way.
*Cross references—Any ordinance naming, renaming, opening, accepting, or vacating
streets or alleys in the city saved from repeal, § 1-5(8); beaches and parks, Ch. 5; buildings
and building regulations, Ch. 6; mobile homes and recreational vehicles, Ch. 10; loitering in,
obstructing, etc., streets, public places, etc., prohibited, § 13-2; planning/zoning/appeals, Ch.
14; signs, posters, etc., prohibited on sidewalks, § 17-8; traffic and motor vehicles, Ch. 21;
utilities, Ch. 22; vegetation, Ch. 23; zoning and subdivision regulations, Ch. 24.
State law references—Supplemental and alternative method of making local municipal
improvements, F.S. Ch. 170; municipal public works, F.B. Ch. 180; minimum construction
standards for the design, construction and maintenance of all public streets, roads,
highways, bridges, sidewalks, curbs and curb ramps, crosswalks, where feasible, bicycle
trails, underpasses, and overpasses used by the public for vehicular and pedestrian traffic,
F.S. § 335.075.
Supp. No. 44 1107
ATLANTIC BEACH CODE
Sec. 19-36. At -grade facility, below -grade facility, wireline facility, and utility pole permit
conditions.
Sec. 19-36.1. Objective design standards.
Sec. 19-36.2. Waiver of the objective design standards for at -grade facilities, below -grade
facilities, wireline facilities, and utility poles.
Sec. 19-37. Wireless facilities.
Sec. 19-37.1. Wireless facilities allowed in the public rights-of-way.
Sec. 19-37.2. Permit requirements; application; review timeframes.
Sec. 19-37.3. Small wireless facility collocation permit conditions.
Sec. 19-37.4. Objective design standards.
Sec. 19-37.5. Waiver of objective design standards for small wireless facilities.
Sec. 19-37.6. Make-ready work.
Sec. 19-37.7. Collocation fees.
Sec. 19-38. Revocation or suspension of development permits.
Sec. 19-39. Involuntary termination of registration.
Sec. 19-40. Appeals.
Sec. 19-41. Fees applicable to those not subject to communications services tax.
Sec. 19-42. Existing communications facility.
Sec. 19-43. Insurance.
Sec. 19-44. Indemnification.
Sec. 19-45. Construction bond.
Sec. 19-46. Performance bond.
Sec. 19-47. Enforcement remedies.
Sec. 19-48. Abandonment of a communications facility or utility pole.
Sec. 19-49. Reservation of rights.
Supp. No. 44 1108
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-1
ARTICLE I. GENERAL PROVISIONS
Sec. 19-1. Construction within and/or use of city rights-of-way.
(a) Except as expressly set forth below in article II of this chapter regulating utilities, and
in article III of this chapter regulating communication services, the provisions in this article
I shall apply to any construction within and/or use of city rights-of-way.
(b) The following terms and phrases shall have the meanings given herein for purposes of
this chapter 19. Words not otherwise defined shall be construed to mean the common and
ordinary meaning.
Construction means any use of, activity, placement, replacement, repair or installation
performed by any person or entity other than the city within the boundaries of any city
right-of-way, including, but not limited to, curb cuts; driveways; excavation activities;
installation of pavers, poles, conduits, wires, cables, fencing, signage and sidewalks;
structures or other improvements or fixtures; and landscaping activities. The term does not
include pedestrian, bicyclist or vehicular use of the rights-of-way.
Rights-of-way or public rights-of-way means land in which the city owns the fee or has an
easement devoted to vehicular, bicycle and/or pedestrian movement, or required for use as a
transportation facility, as that term is defined in F.S. § 334.03(21), and may lawfully grant
access pursuant to applicable law and includes the surface, airspace over the surface and the
area below the surface of such rights-of-way. "Public rights-of-way" shall not include (a)
county, state or federal rights-of-way, (b) property owned by any person other than the city,
(c) service entrances or driveways leading from the road or street onto adjacent property, or
(d) except as described above, any real or personal property of the city, such as, but not
limited to, city parks, buildings, fixtures, conduits, water lines, sewer lines, facilities or other
structures or improvements, regardless of whether they are situated in the public rights-of-
way.
(c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity
shall undertake any use of or any type of construction within city rights-of-way, including
without limitation, the following:
(1) Installation of mailboxes other than units prescribed by U.S. Postal Service
Standards and Florida Department of Transportation Parking and Traffic Design
Standards.
(2) Decorative walls.
(3) Retaining walls.
(4) Buildings or structures of any kind.
(5) Barriers or obstructions of any kind.
(6) Basketball goals.
(7) Skateboard ramps.
Supp. No. 44 1108.1
§ 19-1 ATLANTIC BEACH CODE
(8) Recreational structures of any kind, whether temporary or permanent.
(9) Fences.
(10) Swimming pools.
(11) Parking spaces or lots.
(12) Landscaping of any kind, except sod, which is permitted provided the adjoining
landowner maintains the sod.
(13) Any other improvement, object or item requiring a permanent foundation or which
cannot be removed readily.
(14) Any improvement, object or item designed and intended for personal or private use
and not for public use.
(15) Security lights and street lights.
(16) Any work, construction activity or item which creates an obstruction, whether
permanent or temporary, to the free and complete use of the right-of-way.
(17) Driveways, new, modified or replaced (see section 19-7).
(Ord. No. 65-17-39, § 1, 12-11-17)
Editor's note—Ord. No. 65-17-39, § 1, adopted Dec. 11, 2017, repealed § 19-1 in its
entirety and enacted new provisions to read as herein set out. Former § 19-1 pertained to
obstructing free passage prohibited; exception, and derived from the 1970 Code, § 22-1.
Sec. 19-2. Permits and revocable licenses required.
(a) Any person or entity desiring to undertake construction within and/or use of a
right-of-way shall obtain, prior to commencement of any work, a permit for such activity
issued by the city manager or his designee on terms and conditions as described herein, or in
accordance with subsection (f) herein, the issuance of a revocable license.
(b) Any such person or entity shall complete and file an application for such approval in
the form prescribed by the city.
(c) Fees for permits and revocable licenses shall be determined by resolution of the city
commission.
(d) No use of or construction in a right-of-way shall be permitted or licensed if that use or
construction creates an obstruction barrier or safety hazard as defined by generally accepted
engineering practices.
(e) All requests for use of or construction within a right-of-way shall be evaluated based
011 the benefit of said use or construction to the general public and the degree to which the
benefit to and convenience gained by a private property owner conflicts with or outweighs
the benefit to the general public for the use of the affected right-of-way.
(f) Revocable licenses are required for all improvements in the right-of-way which are not
accepted for maintenance by the city.
Supp. No. 44 1108.2
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-2
(g) All requests for revocable license agreements require approval by the city manager or
his designee.
(h) The permit or revocable license applicant shall be the owner or owners of the real
property located adjacent to the affected right-of-way or a person designated by affidavit of
said owner or owners.
(i) Time limitations.
(1) In no case shall construction commence on any improvement within any right-of-way
before a permit and, if required, a license is issued. A permit issued by the city shall
be valid for a period of up to one hundred eighty (180) days from the date of issuance.
If a period in excess of one hundred eighty (180) days is required because of the scope
of work, approval shall be obtained in advance of the issuance of the permit and the
permit validation period shall reflect such extension. A permit shall not be extended
more than three (3) times or for more than one (1) year from the date of issuance.
(2) After issuance of the permit, the permittee shall notify the building department a
minimum of two (2) business days prior to commencing construction. This notifica-
tion will allow for scheduling of inspections. If a road closure is required, the
permittee shall submit with the permit application a maintenance of traffic (MOT)
plan to include all proposed road closures and an expected time duration for each
closing. Road closures shall require separate approval by the public works depart-
ment and public safety department and a minimum of three (3) business days' prior
notification before the commencement or construction. Road closures of fewer than
fifteen (15) minutes shall not require notification.
(j) Application and other requirements.
(1) Any person legally entitled to apply for and receive a permit and/or license under the
provisions of this article shall make such application in writing to the city in a
form/format provided for that purpose. Every applicant for a permit/license shall
give a description of the character of the work proposed to be done and the location,
ownership, occupancy and use of the premises in connection therewith. The city may
require plans, specifications or drawings and such other information as it may deem
necessary and pertinent prior to the granting of a permit/license. If the city
determines that the plans, specifications, drawings, descriptions or other informa-
tion furnished by the applicant are in compliance with this article, the rules and
regulations of any other department having jurisdiction and any other laws, rules
and regulations pertaining to work proposed to be done, it shall issue the permit/
license applied for upon payment of the required fee.
(2) The order, sequence and prerequisites for making applications shall be as designated
by the city.
Supp. No. 44 1108.3
§ 19-2 ATLANTIC BEACH CODE
(3) The applicant shall determine all potential utility conflicts during the design stage
and shall show same on the plan and profile drawings submitted with the
application. The plan and profile drawings shall be in accordance with utility plan
guidelines or as specified by the city.
(4) If it is determined that such work or activity within any right-of-way will not
unreasonably interfere with the rights of the public or city, the city may issue a
permit/license for such construction work or activity, upon such reasonable condi-
tions as the city deems necessary for the protection of the rights of the public and the
city.
(5) Under all conditions prescribed in this section, the construction shall not proceed
unless the statewide one -call toll-free telephone notification system or such other
method established under the Underground Facility Damage Prevention and Safety
Act, as now or hereafter amended, is notified not less than forty-eight (48) hours nor
more than five (5) days in advance of beginning construction. Advance notification is
waived when it is documented to the city that the excavation work is of an emergency
nature involving the public health, safety or welfare.
(6) All applicants shall give the full name, address, electronic mail address and
telephone number of the person or organization making such application and all
contractors expected to participate in the construction of the work; shall designate
the place, extent, nature and purpose of such work or activity; and, if any paving,
curbing, sidewalk, drainage feature, sewer or water main will be disturbed by such
work, the city manager or designee may require that the application be accompanied
by a deposit of money in such amount as shall in the opinion of the city manager of
designee be sufficient to pay for the expense of repairing or restoring the same.
1 -iir-.- k 1r.cr..---.1 t nl-..,ll bc, 11 ,]_..m. ,. -'61.. 1. _ _7't _. set !`,- Al il_
Y U V l�lll(�Ll V Y (i�Jllll.�.11Y\.Y1 V �i1C1Y1 Ai C: Yll Cil:Llil'lL(Ylll.l'. VV l Lll i.YY+C l.Ulllll I,LI)11.'l bL� L fat till lll L11E''
permit and other standards of the city. Failure or neglect on the part of the applicant
to carry out all work in compliance with the conditions set forth in the permit/license
and other standards of the city shall be reason for revocation of the permit/license.
(7) All applicants shall restore the rights-of-way to its previous condition.
(8) All applicants shall verify the location and elevation of all underground facilities and
shall protect said facilities from damage; in the event that any facilities are
damaged, the applicant or applicants shall, at their sole expense, repair or cause to
be repaired the damaged facilities to the satisfaction of the owner or operator of said
facilities.
(9) Upon the completion of the work authorized by a permit/license hereunder, the
permittee/licensee shall refill all trenches and excavations. All openings in rights-
of-way must be promptly filled with suitable material, free from rubbish and
perishable matter, and thoroughly and evenly compacted throughout, ramming in
thin layers while being put in or by flooding with water. Upon completion of the
backfill, the permittee/licensee shall immediately place pavement, if applicable, in a
safe condition for traffic by laying a temporary pavement, properly supported, having
Supp. No. 44 1108.4
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-2
the top of the pavement flush with the pavement surface. Immediately after
completion of work or any consecutive portion of it, the permittee/licensee shall
remove from such street or sidewalk all unused material, refuse and dirt placed in
the vicinity of the work resulting from its prosecution and restore the right-of-way to
a condition satisfactory to the city, notifying the city of such action. In case the work
is not completed within the time limited in the permit/license, the city may, if it
deems necessary, take steps to return the surface to a safe condition. If an extension
of time beyond such date is necessary for completion of the work, a new application
must be obtained. All persons in charge of any work in the rights-of-way must retain
and have in possession at all times while so engaged the permit/license as described
in this section. If the city shall at any time within thirty (30) days after the sidewalks
and/or pavement have been replaced or repaired determine that the work has not
been completed in a workmanlike manner or otherwise fails to meet city standards,
then, and in that event, the city shall cause the sidewalks, pavement or other
surfaces within the right-of-way so defectively replaced and repaired to be properly
replaced and repaired. All costs and expenses of so replacing and repairing such
work shall be charged against the fund deposited by the person to whom the permit
was granted to cut, disturb and excavate the pavement or sidewalks, for a period of
one (1) year against defect.
(k) Each applicant for a permit and/or license, as may be applicable, under this article
shall:
(1) Agree to save the city, its officers, employees and agents harmless from any and all
costs, damages and liabilities which may accrue or be claimed to accrue by reason of
any work performed or existence of any improvement under such permit or revocable
license. The acceptance of any permit or revocable license under this article shall
constitute such an agreement by the applicant whether such acceptance is expressed
or not.
(2) Pay a permit and engineering review fee and security deposit. Developers of major
subdivisions may request to pledge assurances to the city in lieu of cash or check, and
the city, in the sole exercise of the city manager's judgment and discretion, may
accept or reject such assurances.
(3) Furnish a certificate of insurance.
(4) Keep the original copy of the permit or revocable license and an approved copy of the
plan in the possession of the party actually doing the work and, when requested,
exhibit such copy to the building official, duly authorized inspectors or, in the
instances of county and state roads, to the respective inspectors representing these
authorities.
(5) Agree to perform the work in accord with the permit and/or revocable license
conditions and the regulations established under this article.
Supp. No. 44 1108.5
§ 19-2 ATLANTIC BEACH CODE
(1) Bond. A performance bond, or other financial security, in form, content and execution
approved by the city, may be required to protect the city in the event the specified work is not
completed or does not conform to the city's requirements, or when damages to the
right-of-way have occurred.
(m) Permit/license revocation. The city may revoke permits and licenses issued upon
finding that:
(1) The permit/license was issued by mistake of law or fact;
(2) The permit/license is for work which violates the provisions of this article;
(3) The permit/license was issued upon a false statement or misrepresentation by the
applicant;
(4) The permit/license violates any ordinance of the city or any state or federal law, rule
or regulation;
(5) The work is not being performed in accordance with the provisions of this article;
(6) The certificate of competency or license of the permittee has become invalid by
reason of expiration, suspension, revocation or otherwise;
(7) The work is not being performed under the supervision of the holder of the certificate
or license upon which the same was issued;
(8) The work is not being done in accordance with the terms of the permit/license, the
plans or the application upon which the same was issued;
ie.) „a y.-_ nt, _�. ins.. _ � funds �_�;
\J) 1 (. iiit.liV 01 till: l'�C.�7 VYjCI llu*, effected LLl.l\:; ,U 11iU Ullll,.l ;l1, 1U1iU, or ai� other 1ect W.un,
(10) The work performed is threatening or interfering with public welfare and safety;
(11) The work performed is not in compliance with this article and/or city Code; or
(12) The permittee is not in compliance with this article and/or city Code.
(Ord. No. 65-17-39, § 1, 12-11-17)
Editor's note—Ord. No. 65-17-39, § 1, adopted Dec. 11, 2017, repealed § 19-2 in its
entirety and enacted new provisions to read as herein set out. Former § 19-2 pertained to
digging up streets prohibited; exception as to public utilities; permit required of public
utilities, and derived from the 1970 Code, § 22-4.
Sec. 19-3. Closing of streets for various events.
The city manager is authorized to close streets for various events. The city manager will
discuss any such closing of streets with the police chief and notify the city commission begore
authorization is given. An organization desiring to close a street for an event shall first
procure from the city manager a permit for such an event.
(Ord. No. 65-93-22, § 1, 1-25-93)
Supp. No. 44 1108.6
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-5
Sec. 19-4. Special events.
All special events which are held on public property must adhere to the following rules
and regulations:
(1) All special events taking place on public property must have a permit from the city
manager before any such events take place. The city manager may attach to the
permit those requirements he may deem necessary to protect the public and city's
interest.
(2) All parties interested in staging a special event must provide insurance for the event
in amounts set by the city manager. The [parties staging such] event may be required
to take out additional insurance naming the city as the beneficiary.
(3) All parties staging an event may be subject to a performance bond set by the city
manager to insure [that] the City Ordinance Code and permit requirements are
upheld by the event.
(4) All requirements set by the city manager as part of his written approval of the event
must be upheld by the event. Failure to do so may result in a closing of the event by
the public safety director or the police chief.
(5) All special events permitted by the city manager must be sponsored by a nonprofit
corporation for a charitable purpose. Any special event to be held by a for-profit
corporation must have prior approval by the city commission.
(6) Before any request for a special event is permitted, those responsible for the event
must fill out an application form available through the city recreation department.
(7) All financial information and records which may be related to the event will be made
available to the city finance director for his or her review.
(8) All parties staging a special event are required to abide by the City Code and the
Florida Statutes. Failure to do so will require the event to be cancelled.
(9) No sales of any kind will be permitted on the ocean beach area.
(Ord. No. 95-96-67, § 1, 6-10-96)
Sec. 19-5. Intersections: sight distance requirements and safety zones.
(a) Sight distance requirements. For purposes of this section, defined intersection shall
mean any intersection, which has a city -owned or maintained road, street, or any other
roadway, as one of the roadways comprising the intersection. Excluded from this definition
is any intersection where there is a required stop condition (multiway stop, traffic signal, or
continual flashing red light) for each roadway traffic lane entering an intersection.
Unobstructed and clear sight distance shall be maintained as depicted within figures 1-3
[following this section], in accordance with the designated travel speed of streets, and as
further set forth within the following provisions. To ensure clear sight distance and adequate
Supp. No. 44 1108.7
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-7
Sec. 19-6. Traffic calming devices.
The city commission shall take no action on the installation of any traffic calming devices,
such as speed bumps or stop signs, unless:
(1) The police department, or such other person as directed by the director of public
safety, has conducted proper research and declared the area where such devices are
requested to be installed a "traffic safety hazard area"; and
(2) The installation of such devices is expected to correct the situation in said area.
(Ord. No. 75-03-15, § 1, 6-9-03)
Editor's note—Ord. No. 75-03-15, § 1, adopted June 9, 2003, enacted provisions intended
for use as § 19-5. As § 19-5 was already in use at the time of codification, these provisions
have been codified herein as a new § 19-6.
Sec. 19-7. Construction of driveways in rights-of-way.
The construction of a new driveway in the city's right-of-way, or the modification of an
existing driveway in a right-of-way, shall require a construction permit within city
rights-of-way and easements. Said permit shall be issued subject to the following require-
ments:
(a) The proposed driveway shall not create more than fifty (50) percent impervious area
within the right-of-way.
(b) Any permit issued shall be a revocable encroachment permit if any nonstandard
driveway materials (i.e., pavers) are installed in the right-of-way. If the city is
required to do any utility or other work or repairs in a right-of-way which damages
such nonstandard materials, the homeowner shall be responsible for repairs
necessary to the materials.
(c) Any construction within the city's rights-of-way shall not adversely affect or restrict
public parking in the rights-of-way.
(d) No parking aprons shall be allowed in the city's rights-of-way along arterial
(through) streets listed in city Code subsection 21-17(h).
(e) Any improvements in the city's rights-of-way that are not part of a driveway or
sidewalk shall be constructed of turf block or other pervious material.
(f) Maximum driveway width at the property line and through the right-of-way shall be
twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12)
feet, and circular drives shall only be permitted on lots having at least one
hundred -foot frontage.
(g) Maximum driveway width at the property line and through the right-of-way for
duplexes on a fifty -foot lot shall be a combined width for both driveways of
twenty-four (24) feet.
Supp. No. 44 1113
§ 19-7 ATLANTIC BEACH CODE
(h) Driveways that cross sidewalks. City sidewalks may not be replaced with other
materials, but must be replaced with smooth concrete left natural in color so that it
matches the existing and adjoining sidewalks.
(Ord. No. 65-05-34, § 1, 8-8-05)
Sec. 19-8. Reserved.
Editor's note—Ord. No. 65-17-39, § 3, adopted Dec. 11, 2017, repealed former § 19-8
which pertained to utility rights-of-way, and derived from Ord. No. 65-11-37, § 1, adopted
March 28, 2011.
Secs. 19-9-19-19. Reserved.
ARTICLE II. UTILITY PLACEMENT WITHIN CITY RIGHTS-OF-WAY
Sec. 19-20. Applicability.
This article shall apply to any public or private entity who seeks to construct, maintain,
repair, operate and/or remove lines for the transmission of public utilities that are not
providing communications services as defined in F.S. § 202.11(1), under, on, over, across or
within the public rights-of-way, including but not limited to, water, sewage, gas, power and
television, or as regulated by a franchise, as applicable. The transmission of communications
services as defined in F.S. §§ 202.11 and 202.11(1), and the construction, placement,
installation, maintenance and operation of a communications facility or utility pole in the
rights-of-way shall be governed by the provisions of chapter 19; article TTT.
(Ord. No. 65-17-39, § 4, 12-11-17)
Sec. 19-21. Permit required.
Any person who desires to construct, maintain, repair, operate, or remove lines for the
transmission of water, sewage, gas, power, other public utilities, and television under, on,
over, across, or within the rights-of-way of the city shall be required to obtain a permit from
the city. The provisions of section 19-2(j) and (m) of article I of this chapter shall be
applicable to any such permit.
(Ord. No. 65-17-39, § 4, 12-11-17)
Sec. 19-22. Provisions of permit.
In addition to the provisions of section 19-2(k) of article I of this chapter, any such permit
granted by the city shall contain adequate provisions:
(1) To prevent the creation of any obstructions or conditions which are or may become
dangerous to the traveling public;
Supp. No. 44 1114
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-27
(2) To require the permittee to repair any damage or injury to the road or highway
created during the installation of a utility facility and to repair said road or highway
promptly, restoring it to a condition at least equal to that immediately prior to the
infliction of such damage or injury;
(3) Whereby the permittee shall hold the city commission of Atlantic Beach, Florida,
members and officers, agents, and employees thereof harmless from the payment of
any compensation or damages resulting from the exercise of the privileges granted in
any such permit; and
(4) As may be reasonably necessary for the protection of the city and the public.
(Ord. No. 65-17-39, § 4, 12-11-17)
Sec. 19-23. When bond may be required.
The city manager or designee may require the permittee to furnish performance bonds,
maintenance bonds, and/or a security fund to ensure compliance with the provisions of this
article.
(Ord. No. 65-17-39, § 4, 12-11-17)
Sec. 19-24. Fees authorized.
The city commission may adopt by resolution a fee schedule relating to the issuance of
permits hereunder.
(Ord. No. 65-17-39, § 4, 12-11-17)
Sec. 19-25. Moving or removal of utility lines.
In the event of widening, repair, or reconstruction of any road, the permittee shall move or
remove any water, gas, sewage, power, video service, and other utility lines, at no cost to the
city should they be found by the city to be interfering with said work, except as provided in
F.S. § 337.403, as amended.
(Ord. No. 65-17-39, § 4, 12-11-17)
Sec. 19-26. Authority to implement article.
The city manager or designee is authorized to adopt, modify, and repeal rules and
regulations to carry out the intent and purposes of this article to the extent allowed by law.
(Ord. No. 65-17-39, § 4, 12-11-17)
Sec. 19-27. Noncompliance unlawful.
It shall be unlawful for any person to construct, maintain, repair, operate, or remove lines
for the transmission of water, sewage, gas, power, television and other public utilities under,
on, over, across, or within the rights-of-way of the city without fully complying with this
article or the permits, rules and regulations promulgated hereunder.
(Ord. No. 65-17-39, § 4, 12-11-17)
Supp. No. 44 1115
§ 19-28 ATLANTIC BEACH CODE
Secs. 19-28, 19-29. Reserved.
ARTICLE III. COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY
Sec. 19-30. Short title.
This article III shall be known, and may be cited, as the "Atlantic Beach Communications
Facilities in Public Rights-of-way Ordinance."
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-31. Findings, intent and scope.
(a) The city hereby makes and declares the following findings and declares its legislative
intent as follows:
(1) The public rights-of-way within the City of Atlantic Beach are a unique and
physically limited resource and important amenity that are critical to the travel and
transport of persons and property in the city.
(2) The demand for telecommunications services has grown exponentially in recent
years, requiring the continual upgrading of telecommunications equipment and
services to satisfy such demand.
(3) The placement of telecommunications equipment and facilities in the public rights-
of-way to satisfy the demand for telecommunications services raises important issues
with respect to the city's responsibility to manage its public rights-of-way.
(4) The public rights-of-way must be managed and controlled in a manner that enhances
the health, safety and general welfare of the city and its citizens.
(5) The use and occupancy of the public rights-of-way by providers of communications
services must be subject to regulation which can ensure minimal inconvenience to
the public, coordinate users, maximize available space, reduce maintenance and
costs to the public, and facilitate entry of an optimal number of providers of cable,
telecommunications, and other services in the public interest.
(6) Florida Statutes § 166.041, provides for procedures for adoption of an ordinance
which is a regulation of general and permanent nature and enforceable as local law.
(7) Florida Statutes § 337.401, addresses the authority of municipalities to regulate the
placement and maintenance of communication facilities, and other utilities, in the
public rights-of-way.
(8) In 2017, Florida passed Chapter 2017-136, Laws of Florida, which inter alia, amends
F.S. § 337.401, to create the new subsection (7) known as the Advanced Wireless
Infrastructure Deployment Act ("Wireless Deployment Act"), effective July 1, 2017,
to address municipalities' regulation of access to the public rights-of-way for wireless
communications facilities and wireless support structures.
Supp. No. 44 1116
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-31
(9) The Wireless Deployment Act provides that municipalities may require a registra-
tion process in accordance with F.S. § 337.401(3), may adopt by ordinance provisions
performance for insurance coverage, bonds, security funds, indemnification, force
majeure, abandonment, municipality liability or municipal warranties and further
provides that, for any applications filed before the effective date of ordinances
implementing this subsection, an authority may apply current ordinances relating to
the placement of communications facilities in the right-of-way related to registra-
tion, permitting, insurance coverage, indemnification, performance bonds, security
funds, force majeure, abandonment, municipality liability or municipal warranties.
(10) The communication industry is in a constant state of emerging technology that
includes the infrastructure required to support the increased demand and capacity to
receive and to transmit increased data and voice communications.
(11) A new network of wireless communications infrastructure has emerged comprised of
a series of small individual antenna ("small cells"), or nodes ("distributed antenna
systems" or "DAS"), and wireless backhaul networks that are linked to a larger hub
site.
(12) The city has received requests to place wireless communications facilities and
wireless support structures within the public rights-of-way.
(13) The current city Code does not contain requirements for registration, insurance,
permitting, insurance coverage, indemnification, performance bonds, security funds,
force majeure, abandonment, municipality liability or municipal warranties that
address sufficiently the placement or maintenance within the public rights-of-way
for wireline and wireless communications facilities or wireless support structures.
(14) The city finds that, to promote the public health, safety and general welfare, it is
necessary to (i) provide for the placement or maintenance of communications
facilities in the public rights-of-way within the city limits, (ii) adopt and administer
reasonable rules, regulations and general conditions not inconsistent with applicable
state and federal law, (iii) manage the placement and maintenance of communica-
tions facilities in the public rights-of-way by all communications services providers,
(iv) minimize disruption to the public rights-of-way, and (v) require the restoration of
the public rights-of-way to original condition.
(15) It is the intent of the city to require that the placement or maintenance of any
wireline or wireless communications facility in the public rights-of-way must have an
effective registration which satisfies the requirements set forth herein for such
registration, to the extent not inconsistent with applicable federal and state laws and
regulations.
(16) It is also the city's intent to exercise the city's retained authority to regulate and
manage the city's roads and rights-of-way in exercising its police power over
communications services providers' placement and maintenance of facilities in the
public rights-of-way in a nondiscriminatory and competitively neutral manner.
Supp. No. 44 1117
§ 19-31 ATLANTIC BEACH CODE
(17) The city manager or designee may promulgate rules, regulations and policies to
implement this article, and consistent with this article and other applicable federal
and state laws.
(b) This article shall apply to any person or public or private entity who seeks to
construct, place, install, maintain or operate a communications system or facilities, as such
terms are defined herein, in the public rights-of-way, unless otherwise exempt by operation
of applicable state or federal laws or regulations. This article shall equally apply to a city
owned or controlled communications system except to the extent such facilities are utilized
on an internal, non-commercial basis by the city or any of its agencies, departments or
bureaus.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-32. Definitions.
(a) For purposes of this article III, the following terms, phrases, words and their
derivations shall have the meanings ascribed herein. Where not inconsistent with the
context, words used in the present tense include the future tense, words in the plural include
the singular, and words in the singular include the plural. The words "shall," "will" and
"must" are mandatory, and "may" is permissive. Words not otherwise defined herein or in
any permit that might be granted hereunder shall be given the meaning set forth in the
Communications Act of 1934, 47 U.S.C. §§ 151 et seq., as amended (collectively the
"Communications Act"), and, if not defined therein, as defined by F.S. ch. 202, or F.S. ch.
337, and, if not defined therein, be construed to mean the common and ordinary meaning.
Abandonment means the cessation of all uses of a communications facility or utility pole
for a period of one hundred eighty (180) or more consecutive days, provided that this term
shall not include cessation of all use of a facility or pole within a physical structure where the
physical structure continues to be used for some purpose or use accessory to the communica-
tions facility. By way of example, and not limitation, cessation of all use of a cable within a
conduit, where the conduit continues to be used for some purpose of use accessory to the
communications facility, shall not be "abandonment" of a facility in the public rights-of-way.
Adjacent property or property adjacent means (i) lot or parcel that abuts or is contiguous
to a communications facility site or proposed site; and (ii) lots or parcels that would be
contiguous to a communications facility site or proposed site but for an intervening public
rights-of-way.
Affiliate means each person, directly or indirectly, controlling, controlled by, or under
common control with a communications services provider that is registered with the city;
provided that affiliate shall in no event mean any limited partner, member, or shareholder
holding an interest of less than fifteen (15) percent in such communications services
provider.
Supp. No. 44 1118
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-32
Antenna means communications equipment that transmits or receives electromagnetic
radio frequency signals used in providing wireless services or other communications
services.
Article means the Atlantic Beach Communications Facilities in Public Rights-of-way
Ordinance, codified as article III of chapter 19 of the city Code pursuant to that ordinance
enacted by city commission effective on December 11, 2017, as may be amended or
supplemented from time to time.
At -grade facility means a communications facility, the structure of which is affixed to the
ground at -grade with a portion of the structure extending vertically above grade. At -grade
facilities may also, but need not necessarily, extend vertically below grade. Poles and ground
mounted equipment installed as part of a small wireless facility shall not be considered
at -grade facilities.
Below -grade facility means a communications facility, including manholes or access
points, that are entirely contained below -grade within the public rights-of-way. A below -
grade facility is a type of wireline facility.
City means the City of Atlantic Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida.
City Code or Code of Ordinances means the Code of Ordinances of the City of Atlantic
Beach, Florida.
City commission means the governing body for the city.
City utility pole means a utility pole owned by the city in the public right-of-way.
Collocate or collocation means to install, mount, maintain, modify, operate, or replace one
(1) or more wireless facilities on, under, within, or adjacent to a wireless support structure or
utility pole. The term does not include the installation of a new utility pole or wireless
support structure in the public rights-of-way, nor does it include interconnection of
communications facilities or the sale or purchase of capacity (whether bundled or unbundled).
Communications facility, facilities or systems means any facility, equipment or property,
including, but not limited to, cables, conduits, converters, splice boxes, cabinets, handholds,
manholes, vaults, equipment, drains, surface location markers, appurtenances, wireless
facilities, wireless support structure, wireline backhaul facilities, located, to be located, used,
or intended to be used, in the public rights-of-way of the city to deliver, route, transmit,
amplify or distribute communications services. This term includes wireless facilities and
wireline facilities.
Communications services shall include, without limitation, the transmission, conveyance
or routing of voice, data, audio, video, or any other information or signals to a point, or
between or among points, by and through electronic, radio, satellite, cable optical;
microwave, or other medium or method now in existence or hereafter devised, including
wireless services, regardless of the protocol used for such transmission or conveyance, open
video system, cable service.
Supp. No. 44 1119
§ 19-32 ATLANTIC BEACH CODE
Communications services provider shall refer to any person making available or providing
communications services, as defined herein, including without limitation a wireless
infrastructure provider and a pass-through provider.
Development permit means the permit required under section 19-35, city Code, prior to
commencement of any placement or maintenance of communication facilities in the public
rights-of-way.
Existing structure means a utility pole with the public rights-of-way that exists at the time
an application to place a communications facility on that utility pole is filed with the city.
The term includes repurposed structures. The term does not include at -grade facilities,
below -grade facilities, or wireline facilities. An existing structure is not transformed into a
communications facility by the collocation of a wireless facility.
In the public rights-of-way means in, along, on, over, under, across or through the public
rights-of-way.
Law or code means any local, state or federal legislative, judicial or administrative order,
certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff,
guideline or other requirements, as amended, now in effect or subsequently enacted or
issued including, but not limited to, the Communications Act of 1934, 47 USC §§ 151 et seq.
as amended, all orders, rules, tariffs, guidelines and regulations issued by the Federal
Communications Council or the governing state authority pursuant thereto, F.S. § 337.401,
as amended, and all state statutes and regulations issued by state agencies pursuant
thereto.
Micro tvircic s ocil1t11 meo' c it smo!1 wire eg Tod ill y ?ving dime1lCions no larger ��1�11
twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in
height and an exterior antenna, if any, no longer than eleven (11) inches.
Pass-through facilities means the facilities for a communication system that merely pass
through the city from one (1) point to another point and from which no revenues are directly
attributable to subscribers or other carriers within the city.
Pass-through provider means any person, municipality or county that places or maintains
a communications system or communications facilities in the public rights-of-way but who
does not provide communications services, including for example a company that places
"dark fiber" or conduit in the public rights-of-way and leases or otherwise provides those
facilities to another company that does provide communications services to an end user. This
definition of "pass-through provider" is intended to include any person that places or
maintains "pass-through facilities" in the public rights-of-way, but does not provide
communications services to an end user within the corporate limits of the city.
Person means any individual, firm, joint venture, partnership, estate, trust, business
trust, syndicate, fiduciary, association, corporation, company, organization or legal entity of
Supp. No. 44 1120
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-32
any kind, including any affiliate, successor, assignee, transferee or personal representative
thereof, and all other groups or combinations, and shall include the city to the extent that the
city acts as a provider.
Placement or maintenance or placing or maintaining or other similar formulation of that
term means to erect, construct, install, maintain, place, repair, extend, expand, remove,
occupy, locate or relocate. A provider that owns or exercises physical control over
communications facilities in public rights-of-way, such as the physical control to maintain
and repair, is "placing or maintaining" the facilities. To the extent required by applicable law,
a party providing service only through resale or only through use of a third party's
unbundled network elements is not "placing or maintaining" the communications facilities
through which such service is provided. The transmission and receipt of radio frequency
signals through the airspace of the public rights-of-way is not placing or maintaining
facilities in the public rights-of-way.
Pole attachment means any attachment of a communications facility by a provider to an
existing structure within a public rights-of-way. This term includes aerial wireline attach-
ments that serve as wireline facilities.
Private utility pole means a utility pole owned by a municipal electric authority, a utility
pole used to support municipally -owned or operated electric distribution facilities, or a
utility pole owned by a person other than the city within the public rights-of-way.
Provider means a communications service provider, wireless infrastructure provider or
pass-through provider.
Public service commission or PSC means the agency for the State of Florida charged with
the powers and duties conferred upon it by F.S. ch. 364.
Registrant or facility owner means a provider or other person which seeks to use or occupy
the public rights-of-way that has registered with the city in accordance with the provisions
of this article.
Registration or register or other similar formulation of that term means the process
described in section 19-33 herein whereby a communications services provider provides
certain information to the city.
Repurposed structure means an existing structure that has been renovated, reconfigured,
or replaced with a similar structure so as to continue serving its primary existing purpose
while also supporting the attachment of communications facilities that is approximately in
the same location as the existing structure and in such a manner that does not result in a net
increase in the number of utility poles located within the public rights-of-way and does not
interfere with pedestrian or vehicular access, and is compliant with applicable codes. The
repurposed structure remains the property of the owner of the existing structure prior to the
repurposing, unless ownership otherwise lawfully changes.
Shroud means a covering or enclosure of pole -mounted equipment associated with a small
wireless facility.
Supp. No. 44 1121
§ 19-32 ATLANTIC BEACH CODE
Small wireless facility means a wireless facility that meets the following qualifications:
(1) Each antenna associated with the facility is located inside an enclosure of no more
than six (6) cubic feet in volume or, in the case of antennas that have exposed
elements, each antenna and all of its exposed elements could fit within an enclosure
of no more than six (6) cubic feet in volume; and
(2) All other wireless equipment associated with the facility is cumulatively no more
than twenty-eight (28) cubic feet in volume. The following types of associated
ancillary equipment are not included in the calculation of equipment volume: electric
meters; concealment elements; telecommunications demarcation boxes; ground-
based enclosures; grounding equipment; power transfer switches; cutoff switches;
vertical cable runs for the connection of power and other services, and utility poles or
other support structures.
Surrounding neighborhood means the area within a five hundred -foot radius of a
communications facility site or proposed communications facility site.
Utility pole means a pole or similar structure used in whole or in part to provide
communications services or for electric distribution, lighting, traffic control, signage, or a
similar function. The term includes the vertical support structure for traffic lights, but does
not include any horizontal structures upon which are attached signal lights or other traffic
control devices and does not include any pole or similar structure fifteen (15) feet in height
or less unless the city grants a waiver for the pole. The term does not include a utility pole
owned by the city, nor does it include any other utility pole exempt from such term pursuant
to F.S. § 337.401.
Tapir
.,00 �. ri afnr mn�»� rri m��rr
�. .,����, r.,..�nz.�� ��.,.F.�bW .,,.��.f��.�`.$t?nns at inn.a+,n .x �
.:.�v.. which ^^u.,a., Rx� a„i^Wu
communications between user equipment and a communications network, including radio
transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup
powers supplies, and comparable equipment, regardless of technological configuration, and
equipment associated with wireless communication. This term includes small wireless
facilities. This term does not include:
(1) The structure or improvements on, under, within, or adjacent to the structure on
which the equipment is collocated;
(2) Wireline backhaul facilities; or
(3) Coaxial or fiber-optic cable that is between wireless structures or utility poles or that
is otherwise not immediately adjacent to or directly associated with a particular
antenna.
Wireless infrastructure provider means a person who has been certified to provide
communications services in the state and who builds or installs wireless communication
transmission equipment, wireless facilities, or wireless support structures but is not a
wireless services provider.
Supp. No. 44 1122
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-33
Wireless services means any services provided using licensed or unlicensed spectrum,
whether at a fixed location or mobile, using wireless facilities.
Wireless services provider means a person who provides wireless services. A wireless
services provider is a type of communications services provider.
Wireless support structure means a freestanding structure, such as a monopole, a guyed or
self-supporting tower, or another existing or proposed structure designed to support or
capable of supporting wireless facilities. The term does not include a utility pole.
Wireline facility means an aerial facility used to provide communications services or a
below -grade facility. The term includes wireline backhaul facilities associated with a
wireless facility and coaxial or fiber-optic cable that is between wireless structures or utility
poles or that is otherwise not immediately adjacent to or directly associated with a particular
antenna of a wireless facility.
Wrap means an aesthetic covering approved by the city depicting scenic imagery such as
vegetation, which blends with the surrounding area. A wrap design may also be proposed by
an applicant by requesting a waiver pursuant to sections 19-36.2 and 19-37.5. Imagery in a
wrap may not contain signage of any type.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-33. Registration.
Every communications services provider that desires to place or maintain a communica-
tions system or any communications facilities in the public rights-of-way, including any
pass-through facilities, shall first register with the city in accordance with this section 19-33.
Subject to the provisions prescribed in this article, a communications services provider that
has properly registered may apply for development permits to place or maintain a
communications system or facilities in the public rights-of-way.
(a) Every communications services provider that desires to place or maintain communica-
tions facilities in the public rights-of-way, including any pass-through facilities, shall
register with the city manager or his designee and shall submit the following
information and documentation:
(1) The name of the applicant under which it will transact business in the city and,
if different, in the State of Florida; and
(2) The address and telephone number of the applicant's principal place of business
in the State of Florida and any branch office located in the city and the name,
address, electronic mail address and telephone number of the applicant's
national headquarters and its registered agent in Florida; and
(3) The name, address, electronic mail address and telephone number of the
applicant's primary contact person and the person to contact in case of an
emergency; and
Supp. No. 44 1123
§ 19-33 ATLANTIC BEACH CODE
(4) For registrations submitted on or after December 12, 2017, a copy of both the
applicant's resale certificate and certificate of registration issued by the Florida
Department of Revenue to engage in the business of providing communications
services in the State of Florida; and
(5) A copy of the applicant's certificate of authorization, public convenience and
necessity or other similar certification issued by the Florida Public Service
Commission; and
(6) The number of the applicant's certificate of authorization or license to provide
communications services issued by the Florida Public Service Commission, the
department, the FCC, or other federal authority, if any; and
(7) For an applicant that is a pass-through provider, in lieu of paragraphs (5), (6)
and (7) above; the applicant shall provide a certified copy of the certificate or
license issued by the Florida Department of State, or other appropriate state
agency or department, authorizing the company to do business in the State of
Florida; and
(8) Evidence of the applicant's insurance coverage as required under this article.
(b) The city shall review the information submitted by the applicant. Such review shall
be by the city manager or his designee. If it is found that the applicant complies with
the requirements in subsection (a) above, the registration shall be effective and the
city shall notify the applicant of the effectiveness of registration in writing. If the city
determines that the applicant is not in compliance, the city shall notify the applicant
in writing of the non -effectiveness and denial of registration and the reasons
therefor. The city shall so reply to an applicant within thirty (30) days after receipt
of the registration and required information from the applicant. Non -effectiveness
and denial of registration shall not preclude an applicant from reapplying or filing
subsequent applications for registration under the provisions of this section.
(c) An effective registration does not, and shall not be construed to, convey equitable or
legal title in the public rights-of-way to any communications services provider.
Registration under this section governs only the placement or maintenance of a
communications system or communications facilities in the public rights-of-way.
Other ordinances, codes or regulations may apply to the placement or maintenance
in the public rights-of-way of facilities that are not part of a communications system.
Registration does not excuse a communications services provider from obtaining
appropriate access or pole attachment agreements before locating its facilities on
those facilities or property belonging to the city or another person. Registration does
not excuse a communications services provider from complying with all other
applicable city ordinances, codes or regulations, including the rules, regulations and
general conditions set forth in this article.
(d) A communications services provider may cancel a registration upon written notice to
the city stating that it will no longer place or maintain a communications system or
any communications facilities in the public rights-of-way and will no longer have a
Supp. No. 44 1124
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-33
need to apply for development permits to perform construction or other work in the
public rights-of-way. A communications services provider cannot cancel a registra-
tion if it intends to continue placing or maintaining a communications system or any
communications facilities in the public rights-of-way.
(e) Registration, in and of itself, does not establish a right to place or maintain or a
priority for the placement or maintenance of a communications system or any facility
in the public rights-of-way, but shall establish for the communications services
provider a right to apply for an development permit from the city. Registrations are
expressly subject to any future amendment to or replacement of this article and
further subject to any additional city ordinances, as well as any state or federal laws
that may be enacted. Registration does not excuse or exempt a communications
services provider from having to obtain on business tax license from the city in
accordance with the city Code.
(f) A communications services provider shall renew its registration with the city by
April 1 of even numbered years in accordance with the registration requirements in
this article, except that any communications services provider that initially registers
during the even numbered year when renewal would be due or the odd numbered
year immediately preceding such even numbered year shall not be required to renew
its registration until the next even numbered year. Within thirty (30) days of any
change in the information required to be submitted pursuant to subsection (a), a
communications services provider shall provide updated information to the city. If no
information in the then -existing registration has changed, the renewal may state
that no information has changed. Failure to renew a registration may result in the
city restricting the issuance of additional development permits until the communica-
tions services provider has complied with the registration requirements of this
article.
(g) In accordance with applicable city ordinances, codes or regulations, a development
permit is required for a communications services provider to place or maintain a
communications facility in the public rights-of-way. An effective registration shall be
a condition of obtaining such a permit. Notwithstanding an effective registration, all
permitting requirements shall apply, including the requirement to pay for any such
permits unless otherwise provided by resolution or ordinance of the city. A permit
may be obtained by or on behalf of the communications services provider having an
effective registration if all permitting requirements of the city and other provisions
of this article are met.
(h) A reseller, which by definition does not place or maintain communications facilities
in the public rights-of-way, is not required to register with the city; provided,
however, within thirty (30) days of any registered communications services provider
using its facilities to carry the communication services of any reseller, shall notify the
city of the name and address of such reseller. Any such reseller does not have any
Supp. No. 44 1125
§ 19-33 ATLANTIC BEACH CODE
right, claim or cause of action to impede the lawful exercise of the city's rights or
police powers, including but not limited to, requiring the registered communications
services provider to remove such facilities from the public rights-of-way.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-34. Notice of transfer, sale or assignment of assets.
If a communications services provider transfers, sells or assigns its system or any
facilities located in the public rights-of-way incident to a transfer, sale or assignment of the
communications services provider's assets, the transferee, buyer or assignee shall be
obligated to comply with the provisions set forth in this article. Written notice of any such
transfer, sale or assignment shall be provided by the communications services provider to
the city within thirty (30) days after the effective date of such transfer, sale or assignment.
If the transferee, buyer or assignee is not currently registered with the city, then the
transferee, buyer or assignee must register as provided in § 19-33 within sixty (60) days of
the effective date of such transfer, sale or assignment. If any applications for development
permits are pending under the communications services provider's name as of the date the
city receives written notice of the transfer, sale or assignment, then the city shall consider
the transferee, buyer or assignee as the new applicant unless otherwise notified by the
communications services provider, provided the transferee, buyer or assignee is properly
registered with the city.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-35. Rules, regulations and general conditions to placement of and use of
communications systems and facilities and utility poles in the public
As a condition of allowing the placement or maintenance of a communications system or
any communications facility or a utility pole in the public rights-of-way, and under additional
authority granted pursuant to F.S. ch. 337, the city hereby imposes the following rules,
regulations and general conditions. Unless otherwise provided in this article III, these rules,
regulations and general conditions shall apply to all communications services providers,
including those that are pass-through providers irrespective of whether they place and
maintain only conduit, dark fiber or pass-through facilities in the city.
(a) Rules on utilization of the public rights-of-way.
(1) Compliance with laws. A communications services provider shall at all times be
in full compliance with and abide by all applicable federal, state and local laws,
codes and regulations in placing or maintaining a communications system and
facilities and utility poles in the public rights-of-way.
(2) Due care. A communications services provider shall use and exercise due
caution, care and skill in performing work in the public rights-of-way and shall
take all reasonable steps to safeguard work site areas.
Supp. No. 44 1126
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-35
(3) Permits. A communications services provider shall not commence to place or
maintain a communications facility or utility pole in public rights-of-way until
all applicable permits have been issued by the city and other appropriate
authority, except in the case of an emergency. The term "emergency" shall mean
a condition that affects the public's health, safety or general welfare, which
includes an unplanned out -of -service condition of a pre-existing service. The
communications services provider shall provide prompt notice to the city of the
placement or maintenance of a communications facility or utility pole in the
public rights-of-way in the event of an emergency and shall, after the fact, be
required to submit plans and record drawings and as -built surveys, if required
by the city manager or his designee, showing the placement or relocation of a
communications facility or utility pole undertaken in connection with the
emergency.
(4) Application for development permit. Prior to the issuance of a development
permit to allow the placement or maintenance of a communications system or
facility or utility pole in the public rights-of-way, an applicant shall submit an
application for a development permit. In addition to any information required
pursuant to section 19-2(j) of article I of this chapter 19, the communications
services provider shall provide all of the following:
a. Engineering plan. An engineering plan that includes:
1. The type of proposed facility, location of the proposed facility or utility
pole, and the dimensions, height, footprint, stealth design, and
concealment features of the proposed facility or utility pole;
2. The distances between the proposed facility or utility pole and
pavement, sidewalks, driveways, ramps, trees, underground utilities
and other above -grade and below -grade structures and utilities
located within 500 feet from the proposed facility or pole and within
the public rights-of-way;
3. Sufficient specificity demonstrating compliance with the Florida
Building Code, the Florida Department of Transportation's Manual
of Minimum Standards, the Utility Accommodation Guide, the
Trench Safety Act (F.S. ch. 553), the Underground Facility Damage
Prevention and Safety Act (F.S. ch. 556), the "Safety Rules for the
Installation and Maintenance of Electrical Supply and Communica-
tion Lines" established by the U.S. Department of Commerce, Bureau
of Standards and the National Electric Safety Code, as amended and
as applicable;
4. For utility poles, the global positioning system (GPS) coordinates of
the proposed utility pole. The GPS coordinates shall be based on the
reading from a handheld mobile GPS unit set to datum NAD 83 or
WGS84. GPS coordinates based on Google Earth or similar applica-
Supp. No. 44 1127
§ 19-35 ATLANTIC BEACH CODE
tion may be used where areas of shading occur due to overhead
canopy. GPS coordinates shall be provided in decimal degrees at a
six -decimal point precision;
5. Attestation that the proposed facility or utility pole is located within
the public rights-of-way, except that if the city manager or his
designee reasonably disagrees the applicant must submit a survey;
and
6. Trees or landscaping to be removed or impacted upon the placement
or maintenance of the proposed facility or utility pole. If the
placement or maintenance of a facility or utility pole that impacts or
removes a regulated tree in accordance with chapter 23 of the city
Code, the applicant shall provide additional information and
documentation in accordance with chapter 23 of the city Code and
comply with said chapter 23.
b. Description of installation or construction. The applicant shall provide a
description of the manner in which the facility or utility pole will be
installed and/or modified (i.e. Anticipated construction methods or
techniques).
c. Temporary sidewalk closure plan. The applicant shall provide a temporary
sidewalk closure plan, if applicable, to accommodate placement or
maintenance of the facility or utility pole.
d. Temporary maintenance of traffic (MOT) plan. The applicant shall provide
a temporary traffic lane closure and maintenance of traffic (MOT) plan, if
applicable, to accommodate placement or maintenance of the facility or
utility pole.
e. Restoration plan and estimated cost of restoration of the public rights-of-
way. A restoration plan and a good faith estimate of the cost of restoration
of the public rights-of-way to the condition prior to commencing work in
the public rights-of-way. Such good faith estimate shall be accepted by the
city unless the city determines such estimated costs are not representative
of the actual costs of the restoration of the public rights-of-way. Estimates
of the cost to restore the public rights-of-way shall include all costs
necessary to restore the public rights-of-way to its original condition. Such
good faith estimate may include, but shall not be limited to, costs to restore
the paving, curbs/gutters, sidewalks, multi-purpose trails, and landscap-
ing. All planted or naturally occurring shrubbery or vegetation, including
sod, damaged or destroyed during work in the public rights-of-way shall be
replaced. Tree removal shown on the permit shall not be considered
damage or impairment to be restored to the original condition provided the
person complies with the approved mitigation plan, if any.
Supp. No. 44 1128
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-35
f. Timetable for construction or installation. The timetable for construction,
placement or maintenance of the proposed facility or utility pole or each
phase thereof.
g. Indemnification. A statement shall be included within the permit applica-
tion that by execution of the application, the applicant shall be bound to
the city with respect to the indemnification provisions set forth in section
19-44.
h. Airport airspace protection. Applicant shall comply with F.S. ch. 333, and
all state and federal laws and regulations pertaining to airport airspace
protections.
i. Attestation. For utility poles that are intended to support the collocation of
small wireless facilities, the applicant shall provide an attestation by an
officer of the registrant that a small wireless communications facility will
be collocated on the utility pole and will be used by a wireless services
provider to provide service within nine (9) months after the date the
application is approved.
j. Information regarding height limitations. For utility poles intended to
support the collocation of small wireless facilities, the applicant shall
provide information regarding the heights of other utility poles located in
the same public rights-of-way, measured from grade in place within five
hundred (500) feet of the proposed location of the utility pole. If there is no
utility pole within five hundred (500) feet of the proposed location of the
utility pole intended to support the collocation of small wireless facilities,
the applicant shall certify such.
k. Additional information as reasonably required for review of permit applica-
tion. Such additional information as the city manager or his designee finds
reasonably necessary to demonstrate the applicant's compliance with
applicable codes, local laws and regulations, and state and federal laws
with respect to the placement or maintenance of the proposed facility or
utility pole that is the subject of the permit application.
(b) Application review timeframes. An application for a permit for an at -grade facility,
below -grade facility, wireline facility or utility pole not intended to support the
collocation of small wireless facilities in the public rights-of-way shall be reviewed by
the city as follows:
(1) Notice of application deficiency. Within thirty (30) days after the date of filing
an application, the city manager or his designee shall determine whether the
application is complete. If an application is deemed incomplete, the city
manager or his designee shall notify the applicant by electronic mail and
specifically identify the missing information.
(2) Application review period. Within sixty (60) days after the date of filing an
application, the city manager or his designee shall approve or deny the
application.
Supp. No. 44 1129
§ 19-35 ATLANTIC BEACH CODE
(3) Notice of denial; resubmission. Should the application be denied, the city
manager or his designee shall notify the applicant by electronic mail and specify
the basis for denial, including the specific code provisions on which the denial is
based. The applicant may cure the deficiencies identified by the city manager or
his designee and resubmit the application within thirty (30) days after the
notice of denial is sent. The city manager or his designee shall approve or deny
the revised application within thirty (30) days after the date of filing the revised
application. A denial of a permit may be appealed pursuant to section 19-40.
(4) Repurposed structures and utility poles intended to support the collocation of
small wireless facilities. An application for a repurposed structure or utility pole
intended to support the collocation of small wireless facilities shall be reviewed
by the city pursuant to the application review timeframes set forth in section
19-37.2.
(c) A permit application for a repurposed structure or a utility pole intended to support
the collocation of small wireless facilities shall be submitted prior to or contemporane-
ously with a permit application for a small wireless facility.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-36. At -grade facility, below -grade facility, wireline facility, and utility pole
permit conditions.
(a) At -grade facilities, below -grade facilities, wireline facilities, and utility poles, may be
placed and maintained within the public rights-of-way subject to the city's consideration of
the following standards and minimum requirements:
(1) Sufficiency of space to accommodate present and pending applications for TISP of the
public rights-of-way. The sufficiency of space to accommodate all of the present and
pending applications to place other communications facilities, utility poles, utilities,
and other structures within the subject area of the public rights-of-way;
(2) Sufficiency of space to accommodate the need for projected public improvements. The
sufficiency of space to accommodate budgeted city plans for public improvements or
projects adopted as part of the Atlantic Beach Capital Improvements Schedule or
other approved capital improvements lists as part of the Atlantic Beach Comprehensive
Plan;
(3) Impact on traffic and traffic and pedestrian safety. The impact on traffic and traffic
and pedestrian safety. Such impact evaluation will include, without limitation,
potential traffic and pedestrian interference, interference with the efficient move-
ment of people and property, interference with sight lines or clear zones for
transportation, pedestrians or public safety purposes; and
(4) Applicable codes. Applicable codes and state and federal laws and regulations,
including the general permit conditions in section 19-35 and the objective design
standards in section 19-36.1.
Supp. No. 44 1130
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-36
(b) A permit for a proposed at -grade facility, below -grade facility, wireline facility, or
utility pole shall remain effective for and construction must be completed within sixty (60)
days. The city manager or his designee may extend the expiration date of the permit for good
cause.
(c) A permit for a proposed repurposed structure or utility pole intended to support the
collocation of small wireless facilities shall remain effective for and construction must be
completed within one (1) year. The city manager or his designee may extend the expiration
date of the permit for good cause.
(d) A newly constructed utility pole permitted by the city to support the collocation of
small wireless facilities may only contain small wireless facilities, except as provided herein.
Unless otherwise exempted by state or federal law or this article, antennas, wires, or other
facilities may not be mounted on the utility pole intended to support the collocation of small
wireless facilities without a permit or authorization from the city.
(e) The following additional general permit conditions shall apply:
(1) Revised plans. If the plans or drawings submitted showing the proposed location for
installation of the facility in the public rights-of-way require revision for any reason
prior to commencing construction, the communications services provider shall
promptly submit revised plans and drawings to the city manager or his designee.
(2) Limited purpose of development permit. A development permit issued by the city
constitutes authorization to undertake only certain activities in public rights-of-way
in accordance with this article, and does not create any property right or other vested
interest, or grant authority to impinge upon the rights of others who may have an
interest in the public rights-of-way. Development permits shall be granted only for
specific routes or locations in the public rights-of-way and for such term as described
in the permit. The city's issuance of a development permit shall not be construed as
a warranty that the placement of any communications facility is in compliance with
applicable codes, regulations or laws.
(3) Responsibility for contractors. Every communications services provider that is
registered with the city shall be liable for the actions of contractor(s) hired by them
to perform the placement or maintenance of facilities in the public rights-of-way and
shall be responsible for making sure that such contractor meets and complies fully
with the rules, regulations and general conditions set forth in this article.
(4) Provision and form of record drawings and as -built surveys. Within forty-five (45)
days after completion of any placement or maintenance of a communications facility
in the public rights-of-way, the communications services provider shall provide the
city with record drawings showing the final location of such facility in the public
rights-of-way. The communications services provider shall also provide the city with
as -built surveys within forty-five (45) days after completion of any placement or
maintenance of a communications facility in the public rights-of-way. The record
drawings and as -built surveys shall be provided to the city at no cost.
Supp. No. 44 1131
§ 19-36 ATLANTIC BEACH CODE
(5) Production and filing of as-builts. Every communications services provider that is
registered with the city shall produce and keep on file at its principal place of
business an accurate and complete set of as-builts of all facilities placed and
maintained in the public rights-of-way. The location and identification of facilities
and the production of as-builts shall be at the sole expense of the communications
services provider. Within thirty (30) days of completion of as-builts, the communica-
tions services provider must provide to the city, at no cost, copies of complete sets of
as-builts for the indicated public rights-of-way. The failure of the communications
services provider to produce, keep on file, or provide to the city as-builts as required
is sufficient grounds for the city to deny the issuance of development permits in the
future.
(6) Removal of facilities placed without permit. Any communications facilities placed in
the public rights-of-way by the communications services provider without first
having obtained the required development permits shall be removed within thirty
(30) days of written notice from the city to remove the same, and if not timely
removed in compliance with such notice, such facilities may be removed by order of
the city manager or his designee and the cost of removal shall be borne and paid by
the communications services provider upon demand.
(7) Sunshine State One -Call. Every communications services provider shall utilize, and
if permissible, maintain membership in the utility notification one -call system
administered by Sunshine State One -Call of Florida, Inc.
(8) Safety and minimal interference. All placement and maintenance of communication
facilities in the public rights-of-way shall be subject to the city Code and other
regulations of the city pertaining thereto, and shall be performed with the least
possible interference with the use and appearance of the public rights-of-way and the
rights and reasonable convenience of the property owners who abut or adjoin the
public rights-of-way and in compliance with the rules and regulations of the Florida
Department of Transportation. The communications services provider shall at all
times employ reasonable care and use commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damage or injury or be a
nuisance to the public. Suitable barricades, flags, lights, flares, or other devices shall
be used at such times and places as are reasonably required for the safety of all
members of the public. All placement and maintenance shall be done in such a
manner as to minimize to the greatest extent any interference with the usual travel
on such public rights-of-way. The use of trenchless technology (i.e., microtunneling
and horizontal directional drilling techniques) for the installation of communications
facilities in the public rights-of-way as well as joint trenching or the co -location of
facilities in existing conduit is strongly encouraged, and should be employed
wherever and whenever feasible.
(9) Correction of harmful conditions. If, at any time, the city or other authority of
competent jurisdiction reasonably determines that any communications facility is, or
Supp. No. 44 1132
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-36
has caused a condition that is, harmful to the health, safety or general welfare of any
person, then the communications services provider shall, at its own expense,
promptly correct or eliminate all such facilities and conditions. In an emergency, as
determined by the city manager or his designee, when the communications services
provider is not immediately available or is unable to provide the necessary
immediate repairs to any communications facility that is damaged or malfunction-
ing, or has caused a sunken area or other condition and, in the city manager or his
designee's sole discretion, is deemed a threat to public safety, then the city, when
apprised of such an emergency, shall have the right to remove, make repairs to or
eliminate same with the total cost being charged to and paid for by the communica-
tions services provider upon demand.
(10) Remedy of hazardous conditions. If, at any time, a condition exists that the city or
other authority of competent jurisdiction reasonably determines is an emergency
that is potentially hazardous or life threatening to any person or is a threat to the
health or safety of the general public, and to remedy such condition the city or other
authority of competent jurisdiction reasonably determines that a communications
services provider must temporarily relocate or temporarily shut off service or
transmissions through a specific facility, then the city, as an appropriate exercise of
its police powers, may order the communications services provider to immediately
perform such temporary relocation or shut off until the condition has been remedied,
and to do so at its own expense and without liability to or recourse against the city.
In such an emergency, when the communications services provider is not immediately
available or is unable to provide the necessary immediate relocation or shut off of the
specific communications facility, then the city shall have the right to perform, or
cause to be performed, such temporary relocation or shut off until the condition has
been remedied with the total cost being charged to and paid for by the communica-
tions services provider upon demand.
(11) Interference with other facilities. A communications services provider shall not, in
violation of any applicable laws or regulatory standards, design, place or maintain its
communications facilities in a manner that will interfere with the signals or facilities
of any municipal or county police, fire or rescue department, the facilities of any
public utility, or the communications facilities of another communications service
provider, including any cable service provider.
(12) Relocation or removal of facilities. Except in cases of emergency, a communications
services provider, at its own expense, shall:
a. Upon thirty (30) days' written notice, relocate or remove, as specified in said
notice, its communications facility in the event the city finds that the particular
facility is unreasonably interfering in some way with the convenient, safe or
continuous use, or the maintenance, improvement, extension or expansion of
any public rights-of-way. The city shall provide the communications services
provider with a notice and order as provided for in F.S. § 337.404, or any
Supp. No. 44 1133
§ 19-36 ATLANTIC BEACH CODE
subsequently enacted law of the State of Florida, in the event it charges the
communications services provider for the cost and expense of relocating or
removing such facility pursuant to this paragraph.
b. Within a reasonable period of time from the date of written notice from the city,
but not more than one hundred twenty (120) days thereafter, relocate or
remove, as specified in said notice, its communications facility in the event the
city manager or his designee determines it necessary for the construction,
completion, repair, relocation or maintenance of a city project, because the
particular communications facility is interfering with or adversely affecting the
proper operation of street light poles, traffic signals, or any communications
system belonging to the city or an agency thereof or because the particular
communications facility is interfering with the signals or facilities of the
Atlantic Beach Police Department, the Jacksonville Sheriffs Office, City of
Jacksonville Fire and Rescue Department, the JEA or the city's municipal
public utility or any other city or county public entity. In the event the city
issues any such written notice to the communications services provider
pursuant to this paragraph, and the communications services provider fails to
cause the aforementioned relocation or removal as required herein, the city
shall be entitled to relocate or remove such facilities without further notice to
the communications services provider and the total cost and expense shall be
charged to the communications services provider.
(13) Temporary raising or lowering of facilities. A communications services provider, upon
request of any person holding a validly issued building or moving permit from the
city to temporarily encroach on or perform moving operations in or across the public
rights-of-way shall temporarily raise or lower its communications facilities to
accommodate such temporary encroachment or move. The expense of such temporary
raising or lowering of facilities shall be paid by the person requesting the same, and
the communications services provider shall have the authority to require such
payment in advance. The communications services provider shall be given not less
than twenty (20) days' advance written notice from such person to arrange for the
temporary relocation, which notice must detail the time and location of the permitted
activity, and not less than twenty-four (24) hours' advance notice from the permit
holder advising of the actual operation. The city is not subject to, nor shall it be liable
for, any such expense or notice requirement for the moving of houses or structures
performed by the city or its contractors.
(14) Coordination. In an effort to minimize the adverse impact on the public rights-of-way
and other municipal improvements, a communications services provider may be
required by the city manager or his designee to coordinate the placement or
maintenance of its facilities with any work, construction, installation in or repairs of
the subject public rights-of-way or other facilities therein that is occurring or is
scheduled to occur within a reasonable time from application for a development
permit as determined by the city manager or his designee. Every communications
Supp. No. 44 1134
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-36
services provider shall make space in its trench and/or conduit within the public
rights-of-way available to other providers consistent with the federal requirements of
47 U.S.C. § 224. Every communications services provider shall utilize existing
conduits, pathways and other facilities whenever possible, and shall not place or
maintain any new, different, or additional poles, conduits, pathways or other
facilities, whether in the public rights-of-way or on privately -owned property, until
written approval is obtained from the city or other appropriate governmental
authority, and, where applicable, from the private property owner.
(15) Collocation and joint use. A communications services provider, in an effort to
minimize the adverse impact on the useful life of the public rights-of-way, shall,
whenever possible, enter into joint use agreements with the city and other parties
who have registered with, or who are expressly authorized by, the city to use its
public rights-of-way; provided that the terms of such agreements are satisfactory to
the communications services provider. Nothing herein contained shall mandate that
the communications services provider enter into joint use agreements with parties
other than the city or an agency of the city. However, prior to placement of any new
or additional underground conduit in the public rights-of-way, a communications
services provider is required to certify in writing to the city manager or his designee
that it has made appropriate inquiry to all existing utilities and other entities
possessing a right to occupy the public rights-of-way as to the availability of existing
or planned conduit that the particular communications services provider could
reasonably utilize to meet its needs, and that no such conduit is available or planned
at a reasonable cost by any other entity on the time schedule reasonably needed. The
communications services provider shall not be permitted to perform any placement
or maintenance of facilities in those segments of the public rights-of-way where there
exists vacant or available conduit, dark fiber or surplus fiber owned by the city, an
agency of the city or another governmental body which is or, through a reasonable
amount of effort and expense, can be made compatible with the communications
services provider's system or network. Under such circumstances the communica-
tions services provider shall have the opportunity to enter into a use agreement or
lease arrangement with the city or an agency of the city at or below reasonable and
prevailing market rates for such conduit or fiber or, where owned by another
governmental body, shall, in good faith, first exhaust all means of obtaining use of
such conduit or fiber before applying for an development permit from the city.
(16) City not liable. Except for acts of willful misconduct or gross negligence and to the
extent permitted by applicable law, neither the city nor its officials, boards, councils,
consultants, agents, employees or independent contractors shall have any liability to
the communications services provider for any claims for any damages, costs,
expenses or losses resulting from the city's breakage, removal, alteration or
relocation of any facilities of any communications services provider which arose out
of or in connection with any emergency or disaster situation or was, in the sole
discretion of the city manager or his designee, deemed necessary to facilitate any
Supp. No. 44 1135
§ 19-36 ATLANTIC BEACH CODE
public works project, public improvement, alteration of a city structure, change in
the grade or line of any public rights-of-way, or the elimination, abandonment or
closure of any public rights-of-way or was found by city commission to be in the best
interest of the health, safety or general welfare of the public; nor shall any charge be
made by the communications services provider against the city for any damages,
costs, expenses or losses related thereto.
(17) No exemption from permits. Nothing in this chapter shall exempt any communica-
tions services provider from obtaining development permits for work done within the
public rights-of-way.
(18) Subject to police powers. The rights of the communications services provider shall be
subject to all lawful exercise of police power by the city, and to such other reasonable
regulation of the public rights-of-way as the city shall hereafter by resolution or
ordinance provide in the interest of the health, safety and general welfare of the
public. Any inconsistency or ambiguity between the provisions of this chapter 19 and
any lawful exercise of the city's police power shall be resolved in favor of the latter.
(19) City inspection. The city shall have the right to make such inspections of a
communications system or facilities placed or maintained in the public rights-of-way
as it finds necessary to ensure compliance with this chapter. This chapter shall not
be construed to create or hold the city responsible or liable for any damage to persons
or property by reason of any inspection by the city of the placement or maintenance
of a communications system or facility as authorized herein or failure by the city to
so inspect.
(20) Access to manholes. The city, in the proper exercise of its municipal powers and
duties with respect to the public rights-of-way, shall have access at any time to all
hand holes and manholes in the city belonging to a communications services
provider. Before accessing any manhole, the city will make a reasonable good faith
effort to provide the communications services provider prior notice to afford an
opportunity to have trained personnel present, unless determined by the city to be an
emergency situation.
(21) Compatibility, capacity and interference issues. To properly manage and control the
use of the public rights-of-way, and to protect the health, safety and general welfare
of the public, the city, in its legislative and regulatory role, shall be the final
authority on permitting a communications system or facility to be placed in the
public rights-of-way and shall exercise such authority in a non-discriminatory
manner. It shall be in the sole discretion of the city manager whether an easement is
compatible with or allows for its use by a communications system or facility. It shall
be in the sole discretion of the city manager or his designee, based on the nature,
design, size, configuration or proposed location of any communications system or
facility, whether there is sufficient capacity in a particular section of the public
Supp. No. 44 1136
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-36.1
rights-of-way or whether such system or facility will interfere with the facilities or
equipment of any municipality, county, public utility, cable operator, or other
communications service provider.
(22) No warranty of fitness or suitability. The city makes no express or implied warranties
or representations regarding the fitness, suitability, or availability of the public
rights-of-way for any communications system or facility or its right to authorize the
placement or maintenance of any communications system or facility in the public
rights-of-way. Any performance of work, costs incurred or services rendered by a
communications services provider shall be at such provider's sole risk. Nothing in
this chapter shall affect the city's authority to acquire or add public rights-of-way, or
to vacate or abandon public rights-of-way as provided for in the city Code or
applicable law. The city makes no express or implied warranties or representations
regarding the availability of any acquired, added, vacated or abandoned public
rights-of-way for a communications system or facility.
(23) Annexations. Upon the annexation of any territory to the City of Atlantic Beach, the
provisions of this article III, chapter 19 and the rules, regulations and general
conditions contained herein shall extend to the territories so annexed; and all
facilities placed, maintained, owned or operated by any communications services
provider extending into or already located in the public rights-of-way of the territory
so annexed, shall thereafter be subject to all terms hereof, as the same may be
amended from time to time.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-36.1. Objective design standards.
(a) Intent and purpose. At -grade facilities, below -grade facilities, wireline facilities, and
utility poles shall be designed in such a manner to ensure such facilities and utility poles are
placed in a safe location that do not interfere with the traveling public, and shall be designed
to maximize compatibility with the surrounding neighborhood and to minimize any negative
visual impact on the surrounding neighborhood. As used in this section, the term facility
shall be used to collectively refer to at -grade facilities, below -grade facilities, and wireline
facilities. The following design standards shall apply, unless waived pursuant to section
19-36.2.
(b) Stealth design. Utility poles shall be made of substantially the same material, color,
and design, including diameter, as other utility poles within the same public rights-of-way;
however, a utility pole made of a steel, concrete, or fiberglass, and black or gray in color, shall
not require a waiver if the utility poles within the same public rights-of-way are wood. A
repurposed structure shall be of substantially similar design, including diameter, material,
and color of the existing structure being replaced by the repurposed structure. The
repurposed structure shall be located in approximately the same location as the existing
Supp. No. 44 1137
§ 19-36.1 ATLANTIC BEACH CODE
structure. The repurposed structure shall continue to serve its primary function. If the city
has a planned project to replace utility poles in the same public rights-of-way, the repurposed
structure shall conform to the city's updated design, material, and color.
(c) Concealment. The following concealment standards shall apply to proposed facilities
and utility poles.
(1) Signage shall not be placed or maintained on any facility or utility pole within the
public rights-of-way, unless otherwise required by state or federal laws or regula-
tions, or as permitted by the city; provided however, that existing structures that
lawfully supported signage before being repurposed may continue to support signage
as otherwise permitted by law.
(2) A facility or utility pole shall not have any type of lighted signal, lights, or
illuminations unless required by an applicable state or federal laws or regulations, or
as permitted by the city.
(3) At -grade facilities shall be located in areas with existing foliage or other aesthetic
features to obscure the view of the at -grade facility or shall be designed to appear
similar to other at -grade facilities in the same public rights-of-way. Any additional
plantings proposed pursuant to this subsection shall be approved by the city. An
applicant may also utilize a wrap for at -grade facilities. An applicant may propose a
wrap design not previously approved by the city by applying for and obtaining a
waiver pursuant to section 19-36.2. Wraps shall be maintained by the applicant such
that the wrap does not peel or significantly fade.
(d) Maximum height restrictions. The height of a utility pole, including without limitation
any utility pole intended to support the collocation of small wireless facilities, is limited to
the tallest existing utility pole as of July 1, 2017, located in the same city public
rights-of-way, other than a utility pole for which a waiver has previously been granted,
measured from grade in place within five hundred (500) feet of the proposed location of the
utility pole. If there is no utility pole within five hundred (500) feet, the utility pole shall be
limited to fifty (50) feet.
(e) Location context. The following location context standards shall apply to proposed
facilities and utility poles.
(1) Installation at outermost boundary of public rights-of-way. At -grade facilities and
utility poles shall be placed at the farthest distance practicable from the edge of
pavement unless there is a designated corridor within the public rights-of-way.
(2) Equidistant requirement. Utility poles are strongly encouraged to be placed equidistant
between existing utility poles, if any, within the public rights-of-way.
(3) Common property line. For placement within residentially -zoned districts, at -grade
facilities and utility poles are strongly encouraged to be placed at the common
property line of the parcels that abut the public rights-of-way or otherwise
demonstrate the least impact to access such parcels.
Supp. No. 44 1138
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-36.2
(4) Prohibition against placement that significantly impairs view from principal structures
within residential blocks. At -grade facilities and utility poles, shall be placed such
that views from principal structures within residential districts are not significantly
impaired.
(5) Non -residentially zoned districts. At -grade facilities and utility poles are strongly
encouraged to be placed at the common property lines of the parcels that abut the
public rights-of-way, or otherwise demonstrate the least impact to such parcels.
(6) Prohibition against placement in location where facilities are placed underground.
At -grade facilities, aerial wireline facilities, and utility poles in the public rights-of-
way shall comply with undergrounding requirements of the city that prohibit
aboveground structures in the public rights-of-way, as applicable.
(7) Tree removal. The placement or maintenance of a small wireless facility that results
in the impact or removal of a regulated tree shall comply with the provisions of
chapter 23 of the city Code. Tree removal is not permitted within the public
rights-of-way to increase signal strength or provide a line -of -sight.
(8) Prohibition against placement in violation of OSHA or NESC rules and regulations.
At -grade facilities, below -grade facilities, wireline facilities, and utility poles shall
not be placed in a location which violates rules and regulations set by the
occupational safety and health administration or the National Electric Safety Code.
(9) [Location.] Wireless facilities may not be located on utility poles twelve (12) feet or
less in height above grade, unless incorporated within the utility pole under a top
mounted street light. On wood utility poles, said facilities must be flush -mounted.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-36.2. Waiver of the objective design standards for at -grade facilities,
below -grade facilities, wireline facilities, and utility poles.
(a) The waiver provisions listed in this subsection apply in those circumstances where a
provider's use of the public rights-of-way is impaired by strict application of the require-
ments of this article. Objective design standards provided in section 19-36.1 may be waived
by the city manager or his designee.
(b) A request for a waiver shall be filed contemporaneously with the permit application.
The request for waiver shall state each section or subsection for which a waiver is being
sought. A request for a waiver shall include the following information:
(1) A detailed explanation, with supporting engineering or other data, as to why a
waiver from the requirements of this article is required, including a detailed
explanation addressing the relevant criteria to be considered by the city manager or
his designee as provided in subsection (c);
(2) Design of the proposed at -grade facility or utility pole, with particular reference to
achieving compatibility with the surrounding neighborhood and eliminating adverse
visual impacts on the surrounding neighborhood; and
Supp. No. 44 1139
§ 19-36.2 ATLANTIC BEACH CODE
(3) Any other information the city manager or his designee may reasonably require to
process the request for waiver.
(c) The city manager or his designee shall consider the following criteria when determin-
ing whether to grant or deny a permit:
(1) Any special conditions and circumstances affecting the proposed site which prevent
compliance with the section or subsection for which a waiver is being sought;
(2) The compatibility of the proposed waiver communications facility or utility pole with
adjacent properties and the surrounding neighborhood;
(3) Whether there is an excessive expense associated with compliance with the section or
subsection for which a waiver is being sought; or
(4) Whether the proposed waiver preserves to the city flexibility in its management of
the public rights-of-way.
(d) In granting any waiver, the city manager or his designee may impose conditions to the
extent the city manager or his designee concludes such conditions are necessary to minimize
any adverse effects of the proposed communications facility or utility pole on the surround-
ing neighborhood, or to protect the health, safety and welfare of the public.
(e) The city manager or his designee shall grant or deny a request for a waiver within
forty-five (45) days after receiving the request for waiver. Should a request for waiver, and
ultimately a permit, be denied by the city manager or his designee, the denial of the waiver
may be appealed in conjunction with an appeal of the permit denial in accordance with
section 19-40.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-37. Wireless facilities.
(a) Applicability. This section shall apply to any person who seeks to construct, place,
install, maintain or operate a wireless facility in the public rights-of-way, unless otherwise
exempt by operation of applicable codes or state or federal laws or regulations. This section
shall not apply to wireless communications facilities owned by a person, including the city, to
the extent such facilities are utilized only on an internal, non-commercial basis by said
person.
This article is intended to implement the Advanced Wireless Infrastructure Deployment
Act, F.S. § 337.401(7). In the event the Advanced Wireless Infrastructure Deployment Act,
F.S. § 337.401(7), is repealed, amended, or overturned by a court of competent jurisdiction,
in whole or in part, provisions of this section may no longer apply, in which case pending and
future applications for wireless facilities and utility poles intended to support the collocation
of small wireless facilities in the public rights-of-way, will be governed by applicable law.
(Ord. No. 65-17-39, § 5, 12-11-17)
Supp. No. 44 1140
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-37.2
Sec. 19-37.1. Wireless facilities allowed in the public rights-of-way.
(a) Subject to the requirements of this article III, only the following wireless facilities
may be placed or maintained within the public rights-of-way:
(1) Small wireless facilities collocated on existing structures or collocated on new utility
poles intended to support the collocation of small wireless facilities; and
(2) Micro wireless facilities suspended on cable strung between existing structures.
(b) Wireless support structures are not permitted within the public rights-of-way.
(c) Wireless facilities shall not be permitted in the public rights-of-way except as
permitted in this section, unless otherwise permitted by applicable state or federal laws or
regulation.
(d) The approval of the installation, construction, placement, maintenance, or operation
of a small wireless facility pursuant to this section does not authorize the provision of any
voice, data, or video communications services or the installation, placement, maintenance, or
operation of any communications facilities other than small wireless facilities in the public
rights-of-way.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-37.2. Permit requirements; application; review timeframes.
(a) Permit required. A registrant shall not commence to place or maintain a wireless
facility in the public rights-of-way until all applicable permits have been issued by the city,
except for limited work as provided in subsection (b), unless otherwise authorized by
applicable codes or state or federal laws or regulations. A registrant may submit a
consolidated permit application and receive a single permit for the collocation of up to thirty
(30) small wireless facilities. The registrant acknowledges that as a condition of granting
permits, the city may impose reasonable conditions governing the placement or maintenance
of a wireless facility in the public rights-of-way as set forth in F.S. § 337.401, as amended.
Permits shall apply only to the areas of the public rights-of-way specifically identified in the
permit.
(b) Permit not required.
(1) A registrant shall be allowed to perform limited work within the public rights-of-way
without first obtaining a permit if such proposed limited work does not involve
excavation or the closure of a vehicle lane. As used in this section, the term "limited
work" shall mean:
a. Routine maintenance;
b. Replacement of an existing wireless facility with a wireless facility that is
substantially similar or of the same or smaller size; or
Supp. No. 44 1141
§ 19-37.2 ATLANTIC BEACH CODE
c. Installation, placement, maintenance, or replacement of a micro wireless
facility that is suspended on cable strung between existing structures in
compliance with applicable codes by or for a properly registered communica-
tions services provider.
(2) Prior to performing any limited work, a registrant shall provide reasonable advance
written notice to the city identifying the areas where such maintenance will occur,
scope of maintenance, date(s) and duration of work to be performed. If any limited
work requires the closure of a vehicle lane, a lane closure permit shall be required.
(3) A registrant shall be allowed to perform emergency maintenance within the public
rights-of-way without first obtaining a permit. However, a registrant shall provide
prompt notice to the city of the emergency maintenance and, within fifteen (15) days
of completing the emergency maintenance, apply for a permit in accordance with
subsection (d) herein if such activity required a permit under this section. As used in
this section, the term emergency maintenance means the repair or replacement of a
wireless facility as a result of a condition that affects the public health, safety or
welfare, which includes an unplanned out -of -service condition of a preexisting
service.
(4) The city manager or his designate may issue an immediate stop work order where
any limited work poses a serious threat to the health, safety or welfare of the public
until such time as such serious threat has been abated.
(c) Presubmittal conference. Prior to submitting a permit application, the applicant is
encouraged to schedule a presubmittal conference with the city. A presubmittal conference is
not required prior to submitting a permit application.
(d) Permit application. As part of any permit application to place or maintain a small
wireless facility in the public rights-of-way, the registrant shall provide a permit application
or consolidated permit application that sets forth, at a minimum, the following:
(1) Engineering plan. An engineering plan signed and sealed by a Florida licensed
professional engineer, that includes:
a. The type of proposed wireless facility including the dimensions, volume, height,
footprint, and stealth design and concealment features of the proposed small
wireless facility, and location of the proposed small wireless facility, including
whether the proposed small wireless facility is proposed within a location
subject to restrictions pursuant to section 19-37.4(c)(1);
b. The type of structure intended to support the small wireless facility, such as an
existing structure, repurposed structure, or utility pole intended to support the
collocation of the small wireless facility, including supporting documentation
that the structure can support the additional load of the proposed small
wireless facility, if applicable;
Supp. No. 44 1142
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-37.2
c. The distance of the proposed small wireless facility, including ground -mounted
equipment, and nearby pavement, sidewalks, driveways, ramps, trees,
underground utilities and other above -grade and below -grade structures and
utilities located nearby within the public rights-of-way;
d. The global positioning system (GPS) coordinates of the proposed small wireless
facility. The GPS coordinates shall be based on the reading from a handheld
mobile GPS unit set to datum NAD 83 or WGS84. GPS coordinates based on
Google Earth or similar application may be used where areas of shading occur
due to overhead canopy. GPS coordinates shall be provided in decimal degrees
at a six (6) decimal point precision;
e. Sufficient specificity demonstrating compliance with the Florida Building Code
and other applicable codes, including but not limited to sight lines or clear zone
standards and specifications for transportation, pedestrians, and public safety
as provided in the Florida Department of Transportation Plans Preparation
Manual, Florida Department of Transportation Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways
(the Florida Greenbook), and the Florida Department of Transportation Design
Standards, as amended, the Trench Safety Act (F.S. ch. 553), the Underground
Facility Damage Prevention and Safety Act (F.S. ch. 556), the "Safety Rules for
the Installation and Maintenance of Electrical Supply and Communication
Lines" established by the U.S. Department of Commerce, Bureau of Standards
and the National Electric Safety Code;
f. Trees and landscaping to be removed or impacted upon the placement or
maintenance of the proposed small wireless facility. The placement or maintenance
of a small wireless facility that results in impacts or removal of a regulated tree
shall provide additional information and documentation in accordance with
chapter 23 of the city Code.
(2) Description of installation or construction. The applicant shall provide a description
of the manner in which the small wireless facility will be placed or maintained (i.e.
anticipated construction methods or techniques).
(3) Pole attachment agreement. For collocations on private utility poles, the applicant
shall provide a copy of a valid pole attachment agreement for the collocation of the
proposed small wireless facility. In lieu of providing the complete pole attachment
agreement between the owner of the private utility pole and applicant, the applicant
may provide the first page of such agreement and the signature page or a notarized
letter of authorization from the owner of the private utility pole, providing adequate
identifying information, acceptable to the city, and indicating the applicant is
authorized to collocate on the identified private utility pole.
(4) Stealth design. The applicant shall provide a description of stealth design to be
utilized pursuant to section 19-37.4(b).
Supp. No. 44 1143
§ 19-37.2 ATLANTIC BEACH CODE
(5) Temporary sidewalk closure plan. The applicant shall provide a temporary sidewalk
closure plan, if applicable, to accommodate placement or maintenance of the small
wireless facility.
(6) Temporary maintenance of traffic (MOT) plan. The applicant shall provide a
temporary traffic lane closure and maintenance of traffic (MOT) plan, if applicable,
to accommodate placement or maintenance of the small wireless facility.
(7) Restoration plan and estimate cost of restoration of the public rights-of-way. If
applicable, a restoration plan and a good faith estimate of the cost of restoration of
the public rights-of-way. Such good faith estimate shall be accepted by the city unless
the public works director determines such estimated costs are not representative of
the actual costs of the restoration of the public rights-of-way. Estimates of the cost to
restore the public rights-of-way shall incluse all costs necessary to restore the public
rights-of-way to its original condition. Such good faith estimate shall include, but is
not limited to, costs to restore the paving, curbs/gutters, sidewalks, multi-purpose
trails, and landscaping. All planted or naturally occurring shrubbery or vegetation,
including sod, damaged or destroyed during work in the public rights-of-way shall be
replaced, except tree removals or pruning as allowed by the permit.
(8) Timetable for construction or installation. The timetable for placement or maintenance
of the proposed small wireless facility or each phase of the placement or maintenance
thereof.
(9) Indemnification. A statement shall be included within the permit application that by
execution of the application, the registrant shall be bound to the city with respect to
the indemnification provisions set forth in section 19-44.
(10) Airport airspace N'vtecticn.Applicant shall comply with F.S. ch. u33, and all stoto
and federal laws and regulations pertaining to airport airspace protections.
(e) Application review timeframes. An application for a permit for a small wireless facility,
repurposed structure and utility pole intended to support the collocation of small wireless
facilities within the public rights-of-way shall be reviewed by the city as follows:
(1) Notice of application deficiency. Within fourteen (14) days after the date of filing an
application, unless the timeframe is mutually extended, for the collocation of a small
wireless facility, repurposed structure or utility pole intended to support the
collocation of small wireless facilities the city manager or designee shall determine
whether the application is complete. If an application is deemed incomplete, the city
manager or his designee shall notify the applicant by electronic mail and specifically
identify the missing information. An application shall be deemed complete if the city
manager or his designee fails to notify the applicant otherwise within fourteen (14)
days after the date of filing the application.
(2) Request for alternative location. Within fourteen (14) days after the date of filing the
application for collocation of a small wireless facility, the city manager or his
designee may request that the proposed location of the small wireless facility be
Supp. No. 44 1144
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-37.3
moved to another location and be placed on another existing structure or by placing
a new utility pole intended to support the collocation of small wireless facilities. The
city and applicant may negotiate the alternative location, including objective design
standards and reasonable spacing requirements for ground -mounted equipment for
thirty (30) days after the city submits the request. The applicant shall notify the city
of its acceptance or rejection within this thirty -day negotiating period. If the
applicant accepts the alternative location, the application shall be deemed granted
for the agreed-upon alternative location and all other locations in the application. If
the requested alternative location is rejected by the applicant, the city manager or
his designee shall approve or deny the original application within ninety (90) days
after the date the application was filed.
(3) Application review period. Within sixty (60) days after the date of filing an
application for the collocation of a small wireless facility, the city manager or his
designee shall approve or deny the application. If the city manager or his designee
does not submit a request for an alternate location as provided in subsection (2), the
city manager or his designee and the applicant may mutually agree to extend the
sixty-day application review period.
(4) Notice of denial; resubmission. Should the application be denied, the city manager or
his designee shall notify the applicant by electronic mail on the day the application
is denied and specify in writing the basis for denial, including the specific Code
provisions on which the denial is based. The applicant may cure the deficiencies
identified by the city manager or his designee and resubmit the application within
thirty (30) days after the notice of denial is sent. The city manager or his designee
shall approve or deny the revised application within thirty (30) days after the date of
filing the application. Any subsequent review shall be limited to the deficiencies
cited in the notice of denial. A denial of a permit may be appealed pursuant to section
19-40.
(5) Consolidated permit applications. The city may separately address each proposed
collocated small wireless facility for which incomplete information has been received
or which are denied.
(6) Deemed approved. Prior to commencing construction, a person with a deemed
approved permit must be registered pursuant to section 19-33 and must file a
performance bond and construction bond with the city pursuant to this article.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-37.3. Small wireless facility collocation permit conditions.
(a) The city manager or his designee may deny a proposed collocation of a small wireless
facility in the public rights-of-way if the proposed collocation:
(1) Materially interferes with the safe operation of traffic control equipment;
Supp. No. 44 1145
§ 19-37.3 ATLANTIC BEACH CODE
(2) Materially interferes with sight lines or clear zone standards and specifications for
transportation, pedestrians, or public safety purposes as provided in the Florida
Department of Transportation Plans Preparation Manual, Florida Department of
Transportation Manual of Uniform Minimum Standards for Design, Construction
and Maintenance for Streets and Highways (the Florida Greenbook), and/or the
Florida Department of Transportation Design Standards, as amended;
(3) Materially interferes with compliance with the Americans with Disabilities Act, 42
U.S.C. Sec. 12101, et seq., or similar federal or state standards regarding pedestrian
access or movement;
(4) Materially fails to comply with the 2010 edition of the Florida Department of
Transportation Utility Accommodation Manual; or
(5) Fails to comply with applicable codes governing placement or maintenance of small
wireless facilities within the public rights-of-way, including the conditions and
provisions contained in section 19-36 and the objective design standards in section
19-37.4.
(b) A permit for the collocation of a small wireless facility shall remain effective for and
construction must be completed within one (1) year. The city manager or his designee may
extend the expiration date of the permit for good cause.
(c) A permit application for a repurposed structure or a utility pole intended to support
the collocation of small wireless facilities shall be submitted prior to or contemporaneously
with a permit application for a small wireless facility.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-37.4. Objective design standards.
(a) Purpose and intent. Small wireless facilities shall be designed in such a manner that
the small wireless facilities are placed in a safe location that do not interfere with the
traveling public, and shall be designed to maximize compatibility with the surrounding
neighborhood and to minimize any negative visual impact on the surrounding neighborhood.
The following objective design standards regulating the location context, color, stealth
design, and concealment of the proposed small wireless facility shall apply, unless waived
pursuant to section 19-37.5.
(b) Stealth design. All proposed small wireless facilities shall meet any one (1) of the three
(3) following stealth design standards or combination thereof:
(1) Preferred stealth design option 1: Wires, cables and equipment to be placed on a
utility pole shall be within the utility pole, or covered with a shroud or conduit that
is similar to the utility pole color; the use of a slim design wherein the top -mounted
antenna does not exceed the diameter of the supporting utility pole by more than six
(6) inches on any side at the level of the antenna attachment and side -mounted
Supp. No. 44 1146
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-37.4
enclosures, if any, do not extend more than thirty (30) inches beyond the exterior
dimensions of the supporting utility pole measured from the edge of the utility pole
to the outermost surface of the side -mounted enclosure.
(2) Preferred stealth design option 2: Wires, cables and equipment to be collocated on a
utility pole shall be placed within the utility pole, or covered with a shroud or conduit
that is similar to the utility pole color; and the use of a street light fixture to
camouflage the small wireless facility. All street light fixtures shall be maintained in
good working order by the applicant or pole owner unless the city accepts
maintenance responsibility in writing. If the city accepts the maintenance responsibil-
ity of a street light fixture on an city utility pole, the ownership of the street light
fixture shall transfer to the city. All street light fixtures shall be of similar style and
of similar lighting technology as nearby lighting fixtures (halogen, LED, etc.) and
shall utilize dark -sky friendly lighting.
(3) Preferred stealth design option 3: Wires, cables and equipment to be collocated on a
utility pole shall be within the utility pole or covered with a shroud or conduit that
is similar to the utility pole color; and the use of wraps on the supporting structure,
side -mounted enclosures, and/or ground -mounted equipment. An applicant may
propose a wrap design not previously approved by the city by applying for and
obtaining a waiver pursuant to section 19-37.5. Wraps shall be maintained by the
applicant such that the wrap does not peel or significantly fade.
(c) Concealment. The following concealment standards shall apply to proposed small
wireless facilities.
(1) Applicants shall not place or maintain signage on communications facilities in the
public rights-of-way, unless otherwise required by applicable state or federal laws or
regulations, or as permitted by the city.
(2) A small wireless facility shall not have any type of lighted signal, lights, or
illuminations unless required by applicable state or federal laws or regulations or as
permitted by the city.
(3) Ground -mounted equipment for small wireless facilities shall be located within a
ten -foot radius of the supporting structure for the small wireless facility and, if
possible, in areas with existing foliage or other aesthetic features to obscure the view
of the ground -mounted equipment. The ground -mounted equipment shall be designed
to appear similar to other at -grade facilities in the same public rights-of-way and
may be further concealed with additional plantings. Any additional plantings
proposed pursuant to this subsection shall be approved by the city. An applicant may
also utilize a wrap for at -grade facilities. An applicant may propose a wrap design
not previously approved by the city by applying for and obtaining a waiver pursuant
to section 19-37.5. Wraps shall be maintained by the applicant such that the wrap
does not peel or significantly fade.
Supp. No. 44 1147
§ 19-37.4 ATLANTIC BEACH CODE
(d) Maximum height restrictions. A small wireless facility, including any attached
antennas, shall not exceed ten (10) feet above the existing structure, repurposed structure or
utility pole upon which the small wireless facility is to be collocated.
(e) Location context. The following location context standards shall apply to proposed
small wireless facilities.
(1) Prohibition against placement within a location subject to homeowners' association
restrictions. Small wireless facilities shall not be collocated in a location subject to
covenants, restrictions, articles of incorporation, or bylaws of a homeowners'
association unless specifically authorized by the homeowners' association. This
subsection shall not limit the installation, placement, maintenance, or replacement
of micro wireless facilities on any existing and duly authorized aerial wireline
facility.
(2) Prohibition against placement in location where facilities are placed underground. As
may be applicable, small wireless facilities shall comply with nondiscriminatory
undergrounding requirements of the city that prohibit aboveground structures in the
public rights-of-way. Any such requirements may be waived by the city pursuant to
section 19-37.5.
(3) Tree removal. The placement or maintenance of a small wireless facility that results
in impacts or removal of a regulated tree shall comply with the conditions contained
in chapter 23 of the city's Code.
(4) Prohibition against placement in violation of OSHA or NESC rules and regulations.
Small wireless facilities shall not be placed in a location which violates rules and
regulations set by the occupational safety and health administration or the National
Plcc - ^ Safrty redo.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-37.5. Waiver of objective design standards for small wireless facilities.
(a) Objective design standards provided in section 19-37.4 may be waived by the city
manager or his designee upon a showing that the objective design standards are not
reasonably compatible for the particular location of a small wireless facility or that the
objective design standards impose an excessive expense.
(b) A request for a waiver shall be filed contemporaneously with the permit application.
The request for waiver shall state each section or subsection for which a waiver is being
sought. A request for a waiver shall include a detailed explanation, with supporting
engineering or other data, as to why a waiver from the requirements of this section 19-37 is
required.
(c) In granting any waiver, the city manager or his designee may impose conditions to the
extent the city manager or his designee concludes such conditions are necessary to minimize
any adverse effects of the proposed small wireless facility on the surrounding neighborhood
or to protect the health, safety and welfare of the public.
Supp. No. 44 1148
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-37.7
(d) The city manager or his designee shall grant or deny a request for a waiver within
forty-five (45) days after receiving the request for waiver. Should a request for waiver, and
ultimately a permit, be denied by the city manager or his designee, the denial of the waiver
may be appealed in conjunction with an appeal of the permit denial in accordance with
section 19-40.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-37.6. Make-ready work.
(a) For a city utility pole that supports aerial wireline facility used to provide communica-
tions services or electric service, the city, communications services provider, wireless
infrastructure provider, and pass-through provider shall comply with the process for
make-ready work under 47 U.S.C. § 224, as amended, and implementing regulations. The
good faith estimate of the person owning or controlling the pole for any make-ready work
necessary to enable the pole to support the requested collocation must include pole
replacement if necessary.
(b) For a city utility pole that does not support aerial wireline facility used to provide
communications services or electric service, the city shall provide a good faith estimate for
any make-ready work necessary to enable the pole to support the requested collocation,
including necessary pole replacement, within sixty (60) days after receipt of a complete
application. Make-ready work, including any pole replacement, must be completed within
sixty (60) days after the written acceptance of the good faith estimate by the applicant.
Alternatively, the city may require the applicant seeking to collocate a small wireless facility
to provide a make-ready estimate at the applicant's expense for the work necessary to
support the small wireless facility, including pole replacement, and perform the make-ready
work.
(c) If pole replacement if required, the scope of the make-ready estimate is limited to the
design, fabrication, and installation of a utility pole that is substantially similar in color and
composition. The city may not condition or restrict the manner in which the applicant
obtains, develops, or provides the estimate or conducts make-ready work subject to the usual
construction restoration standards for work in the public rights-of-way. The replaced or
altered utility pole shall remain the property of the city.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-37.7. Collocation fees.
The rate to collocate a small wireless facility on a city utility pole shall be one hundred
fifty dollars ($150.00) per pole annually. Annual payments shall be due and payable on April
1 of each year. If the payments required by this section are not made within ninety (90) days
after the due date, the city manager or his designee may withhold the issuance of any
permits to the registrant until the amount past due is paid in full.
(Ord. No. 65-17-39, § 5, 12-11-17)
Supp. No. 44 1149
§ 19-38 ATLANTIC BEACH CODE
Sec. 19-38. Revocation or suspension of development permits.
Subject to section 19-40, the city may revoke any development permit currently issued to
a communications services provider for work in the public rights-of-way or suspend the
issuance of development permits in the future to a communications services provider for, in
addition to any other circumstances provided for in this chapter, one (1) or more of the
following reasons:
(1) A violation of permit conditions, including conditions set forth in the permit, this
chapter 19, and other applicable codes or regulations governing the placement or
maintenance of communications facilities in the public rights-of-way;
(2) A misrepresentation or fraud made or committed on the part of the communications
services provider in the registration process or in the application for an development
permit;
(3) The failure to properly renew the registration or the ineffectiveness of registration;
or
(4) The failure to relocate or remove communications facilities as may be required by the
city pursuant to this chapter 19.
The city manager or his designee shall provide notice and an opportunity to cure any
violation of [subsections] (1) through (4) above, each of which shall be reasonable under the
circumstances.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-39. Involuntary termination of registration.
( 'Iliac ity rt_ r- �, ._- _ � �_._ Bio i f;
\CA dLjf 111r1y LG1i11111C1LG c 1G i L1aLiu11 11.
(1) A federal or state authority suspends, denies, or revokes a communications services
provider's certification or license to provide communications services;
(2) The communications services provider's placement or maintenance of a communica-
tions facility in the public rights-of-way presents an extraordinary danger to the
general public or other users of the public rights-of-way and the communications
services provider fails to remedy the danger promptly after receipt of written notice;
(3) The communications services provider ceases to use all of its communications
facilities in the public rights-of-way and has not complied with § 19-49 herein; or
(4) The communications services provider fails to comply with any of the rules,
regulations or general conditions set forth in section 19-35 herein.
(b) Prior to termination of a registration, the communications services provider shall be
notified by the city manager or his designee with a written notice setting forth all matters
pertinent to the proposed termination, including which of (1) through (4) above is applicable
as the reason therefore. The communications services provider shall have thirty (30) days
after receipt of such notice within which to eliminate the reason or within which to present
Supp. No. 44 1150
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-40
a plan, satisfactory to the city manager or his designee, to accomplish the same. If not
eliminated or if the plan presented is rejected, the city manager or his designee shall provide
written notice of such rejection to the communications services provider and a final
determination to terminate registration. A final determination to terminate registration
may be appealed in accordance with the procedures set forth in section 19-211.
(c) In the event of termination, following any appeal period, the communications services
provider formerly registered shall:
(1) Notify the city of the assumption or anticipated assumption by another registrant of
ownership of the communications services provider's facilities in public rights-of-way
or (2) provide the city with an acceptable plan for disposition of its communications
facilities in the public rights-of-way. If a communications services provider fails to
comply with this section 19-39(c), which determination of noncompliance is subject to
appeal as provided in section 19-40, the city may exercise any remedies or rights it
has at law or in equity, including but not limited to taking possession of the facilities
where another person has not assumed the ownership or physical control of the
facilities or requiring the communications services provider within ninety (90) days
of the termination, or such longer period as may be mutually agreed to between the
city and the communications services provider, to remove some or all of the
communications facilities from the public rights-of-way and restore the public
rights-of-way to their original condition prior to such removal.
(d) In any event, a communications services provider whose registration has been
terminated shall take such steps as are necessary to render safe every portion of the
communications facilities remaining in the public rights-of-way.
(e) In the event of termination of a registration, this section does not authorize the city to
cause the removal of communications facilities used to provide another service for which the
communications services provider or another person who owns or exercises physical control
over the communications facilities holds a valid certification or license with the governing
federal or state agency, if required for provision of such service, and who is registered with
the city, if required.
(f) The city's right to terminate a registration shall be in addition to all other rights of the
city, whether reserved in this chapter, or authorized by other law, and no action, proceeding
or exercise of the right to terminate registration will affect or preclude any other right the
city may have.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-40. Appeals.
Final determinations by appropriate city staff denying an initial registration; denying an
application for renewal of a registration; terminating a registration; or denying, revoking or
suspending any development permit are subject to appeal. A notice of appeal of such decision
may be filed with the city's manager within thirty (30) days of the date of the final, written
decision to be appealed. The city manager shall have thirty (30) days from the date the
Supp. No. 44 1151
§ 19-40 ATLANTIC BEACH CODE
appeal is filed to review the matter and render a written decision to uphold or reverse the
final decision made by staff. If the city manager upholds the final decision of staff, the
appellant may file a notice of appeal with the city clerk within thirty (30) days of the date of
the written decision of the city manager. The city clerk shall set the matter for hearing
before the city commission at any regular meeting of city commission scheduled within
forty-five (45) days of the date that the notice of appeal is filed with the city clerk, unless
waived by the communications services provider. A ruling may be made at the hearing or at
the next regularly scheduled city commission meeting and the communications services
provider shall be notified of the decision in writing within thirty (30) days thereof. Where a
notice of appeal to the city manager or the city clerk is not timely filed as provided herein,
such right to appeal shall be waived. Upon correction by the communications services
provider of the circumstances that gave rise to a suspension or denial of a development
permit, the suspension or denial shall be lifted (the same does not apply to the revocation of
a development permit).
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-41. Fees applicable to those not subject to communications services tax.
While the Florida Legislature has prohibited municipalities from requiring providers of
communications services who have registered with the Florida Department of Revenue from
having to enter into franchise agreements or license arrangements as a condition to placing
or maintaining communications facilities in the public rights-of-way, the city expressly
reserves the right to require the payment of consideration or regulatory fees by persons
using or occupying the public rights-of-way in other capacities. The city reserves the right to
require such payments based on the type of user and to the extent as follows:
(a) Dealer. A communications services provider who meets the definition of dealer ns set
forth in state statute and who has registered in accordance with section 19-33 is not
required to enter into a franchise agreement or license arrangement with the city as
a condition to placing or maintaining communications facilities in the public
rights-of-way, nor is a dealer required to make payment of any franchise fees, license
fees or other user fees to the city as consideration for the use or occupancy of the
public rights-of-way for the provision of communication services.
(b) Pass-through provider and pass-through facilities. A communications services provider
who meets the definition of pass-through provider as set forth in this chapter 19 shall
pay the city the maximum annual amount allowed under F.S. § 337.401(6)(b), as
amended. For purposes of calculating payments hereunder, each separate pole or
tower installed or maintained by a pass-through provider for purposes of supporting
antennas for other over -the -air radio transmission or reception equipment in the
public rights-of-way shall comprise a separate communications facility subject to
assessment of a separate permit fee in the amount of five hundred dollars ($500.00)
per linear mile, or portion thereof, up to the maximum amount allowed under F.S.
§ 337.401, whichever is higher. The annual amount referred to above shall be due
and payable on October 1 of every year beginning on October 1, 2018. Fees not paid
Supp. No. 44
1152
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-43
within ten (10) days after the due date shall bear interest at the rate of one (1)
percent per month from the date due until paid. The acceptance of any payment
required hereunder by the city shall not be construed as an acknowledgment that the
amount paid is the correct amount due, nor shall such acceptance of payment be
construed as a release of any claim which the city may have for additional sums due
and payable or authorization to install any facilities in the public rights-of-way.
(c) Other persons. All other persons, except government, are required to pay the city, as
consideration for the use or occupancy of the public rights-of-way for the placement
or maintenance of communications facilities, an amount based on and in accordance
with section 19-41(b), city Code.
(d) Government. A government entity is not required to pay the city consideration for the
use or occupancy of the public rights-of-way for the placement or maintenance of
communications facilities, unless such facilities are being used by such government
entity or a communications services provider, including resellers, to offer or provide
communication services other than for such government's internal non-commercial
use, in which event the government entity is required to pay the city, as consideration
for the use or occupancy of the public rights-of-way by or through its facilities placed
therein after December 12, 2017, an amount based on and in accordance with section
19-41(b), city Code, or such other amount or rate of compensation as mutually agreed
to in writing by the government entity and the city.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-42. Existing communications facility.
A communications services provider with a facility in the public rights-of-way as of the
effective date of this chapter 19 has until February 1, 2018 to comply with the provisions of
this chapter, including, but not limited to, registration, or be in violation thereof.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-43. Insurance.
(a) At all times during the use or occupancy of the public rights-of-way, including any time
during placement or maintenance of communications facilities, the communications services
provider shall obtain, pay all premiums for, and maintain satisfactory to the city the types of
insurance policies and coverage limits described in this section 19-43. Nothing contained in
this chapter shall limit a communications services provider's liability to the city to the limits
of insurance certified or carried.
(1) Commercial general liability insurance valid in the State of Florida, including
contractual liability and products completed operations liability coverage on an
occurrence basis, which policy limit shall be in an amount not less than one million
dollars ($1,000,000.00) per occurrence, combined single limit, for bodily injury,
personal injury or death, or property damage and in an amount not less than two
Supp. No. 44 1153
§ 19-43 ATLANTIC BEACH CODE
million dollars ($2,000,000.00) policy aggregate for each personal injury liability,
broad form property damage (without XCU exclusions), contractual liability and
products -completed operations liability.
(2) Business automobile liability insurance valid in the State of Florida which policy
limit shall be in an amount not less than one million dollars ($1,000,000.00)
combined single limit, including bodily injury and property damage covering owned,
leased, hired and non -owner vehicles.
(3) Workers' compensation valid in the State of Florida which policy limit shall be in an
amount not less than the statutory limit for workers' compensation.
(4) Employer's liability insurance valid in the State of Florida which policy limit shall be
in an amount not less than one million dollars ($1,000,000.00) each accident for
employer's liability.
(b) All insurance providers used shall be admitted and duly authorized to do business in
the State of Florida and shall have assigned by A.M. Best Company a minimum financial
strength rating of "A" and a minimum financial size category of "IX" (i.e., a size of two
hundred fifty million dollars ($250,000,000.00) to five hundred million dollars ($500,000,000.00)
based on capital, surplus, and conditional reserve funds). Insurance policies and certificates
issued by non -admitted insurance companies are not acceptable. All liability policies shall
name the city, its commission members, officers, and employees as additional insureds with
respect to any covered liability arising out of the placement or maintenance of communica-
tions facilities in the public rights-of-way or other activities under this chapter. Each
communications services provider shall furnish annually to the city certificates showing
proof of all required insurance coverage. All liability coverage must be in occurrence form
and in accordance with the limits specified. Claims made policies are not acceptable. No
insurance policy shall be canceled, nor shall the occurrence or aggregate limits set forth
heroin Nlei 1Vd t%...d, until the city has, Y ccivsd ut lsast thirty (VV) days' adxi.�?-.cc �. r tts "st cs
c1LLV UllV4 VY t1V�GYY YYV ii1L`.
by registered, certified or regular mail or facsimile of any cancellation, intent not to renew or
reduction in policy coverage. Each communications services provider shall be responsible for
notifying the city of such cancellation, intent not to renew or reduction in coverage. All
certificate(s) of insurance, including all endorsements and riders, evidencing insurance
coverage shall be submitted to the city within thirty (30) days after the date of registration
with the city in order for a communications services provider to obtain development permits
required for construction in the public rights-of-way. Each communications services provider
shall, in the event of any such notice described above, obtain, pay all premiums for, and file
with the city, written evidence of the issuance of replacement policies within thirty (30) days
following receipt by the city or the communications services provider of such notice.
(c) The certificate(s) of insurance forms must be properly executed by the authorized
representative of the insurance provider and must include all endorsements, riders and
notices. Each communications services provider shall file and maintain with the city on an
annual basis the required certificate(s) of insurance. The certificate(s) of insurance must
indicate the following:
(1) The policy number; name of insurance company; name and address of the agent or
authorized representative; name and address of insured; that the policy coverage
Supp. No. 44 1154
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-44
"pertains to the requirements of section 19-43 of the Atlantic Beach Communications
Facilities in Public Rights-of-way Ordinance;" policy expiration date; and specific
coverage amounts; and
(2) Any applicable deductibles or self-insured retentions; and
(3) That the city, its commission members, officers and employees are additional
insureds; and
(4) That the city shall receive thirty (30) days' advance written notice of cancellation,
intent not to renew or reduction in coverage; and
(5) That the commercial general liability insurance policy is primary as respects any
other valid or collectible insurance that the city may possess, including any
self-insured retentions the city may have; and any other insurance the city does
possess shall be considered excess insurance only and shall not be required to
contribute with this insurance.
(d) Under extraordinary circumstances a communications services provider may satisfy
the insurance requirements of this chapter by providing documentation of self-insurance
that, in the sole discretion of the director of human resources and risk management,
demonstrates incontrovertibly the adequacy to defend and cover claims of any nature that
might arise from the placement and maintenance of facilities in the public rights-of-way. The
communications services provider must be authorized as a self -insurer by the department of
insurance under the laws of the State of Florida.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-44. Indemnification.
(a) Except with respect to the willful misconduct, negligence or gross negligence of the
city, a communications services provider, by act of registering with the city as such, shall be
obligated, at its sole cost and expense, to defend, indemnify and hold harmless the city, its
officials, officers, commissioners, agents and employees from and against any and all claims,
suits, causes of action, proceedings, liabilities and judgments for damages or equitable relief,
and costs and expenses arising out of or in connection with the placement or maintenance of
its communications facilities or utility poles in the public rights-of-way by the communica-
tions services provider or its agent or hired contractor. This indemnification provision shall
include, but not be limited to, such damages and penalties arising out of claims (1) by any
person whatsoever on account of (a) bodily injury to a person or persons, (b) death of a person
or persons or (c) property damage, where any of the foregoing is occasioned by the operations
of the communications services provider, or alleged to have been so caused or occurred or (2)
involving the communications services provider's violation of any easement or private
property rights.
(b) Nothing in this section shall prohibit the city from participating in the defense of any
litigation by its own counsel if in the city's reasonable belief there exists or may exist a
conflict, potential conflict or appearance of a conflict.
Supp. No. 44 1155
§ 19-44 ATLANTIC BEACH CODE
(c) Indemnified costs and expenses shall include, but not be limited to, all out-of-pocket
expenses and reasonable attorneys' fees in defending against any such claim, suit or
proceeding, and shall also include the reasonable value of any services rendered by the city
attorney or his assistants or any consultants, agents and employees of the city. The city will
attempt to notify the communications services provider, in writing, within a reasonable time
of the city's receiving notice of any issue it determines may require indemnification.
(d) Nothing contained in this section shall be construed or interpreted: (1) as denying the
city, the communications services provider or any person any remedy or defense available to
them under the laws of the State of Florida; or (2) as a waiver of sovereign immunity beyond
the waiver provided in F.S § 768.28, as it may be amended.
(e) The indemnification requirements shall survive and be in effect after the termination
or cancellation of a registration.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-45. Construction bond.
(a) Prior to issuance of any development permit where the type of work allowed under the
permit will require restoration of the public rights-of-way, the communications services
provider or the contractor performing such work on its behalf shall obtain, pay for and file
with the city a construction bond. The construction bond shall serve to guarantee the
timeliness and quality of the construction and restoration work and to secure, and enable the
city to recover, all costs related to the restoration of the public rights-of-way in the event the
communications services provider or its contractor fails to make such restoration to the city's
satisfaction or causes damage to the public rights-of-way during construction. The construc-
tion bond must name the city as obligee and be in the face amount of fifteen thousand dollars
($15,000.00) conditioned upon the full and faithful completion of construction and restora-
tion of the public rights-of-way to its original condition. Six (6) months following completion
and inspection of the restoration of the public rights-of-way satisfactory to the city manager
or his designee, the communications services provider or its contractor, as the case may be,
may reduce the face amount of the construction bond to five thousand dollars ($5,000.00)
and, thereafter, may allow the bond to lapse in accordance with its terms. However, for any
subsequent work in the public rights-of-way, the communications services provider or its
contractor will be required to replenish any existing construction bond or provide a new
construction bond in the face amount of fifteen thousand dollars ($15,000.00). The
construction bond shall be in a form acceptable to the city manager and must be issued by a
surety having a rating reasonably acceptable to the city manager or his designee and
authorized by the Florida Department of Insurance to issue surety bonds in this state.
(b) The construction bond must be issued as non -cancelable and be for a term of not less
than twelve (12) months. In the event the term of any construction bond expires, or is
reasonably expected to expire, prior to the completion of construction, restoration and city
inspection, the communications services provider, or the contractor acting on its behalf, shall
immediately obtain, pay for, and file with the city a replacement bond.
Supp. No. 44 1156
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-46
(c) The city's requirement of a construction bond is not in lieu of any additional bonds that
may be required under this chapter or through the permitting process. The city's right to
recover under the construction bond shall be in addition to all other rights of the city,
whether reserved in this chapter, or authorized by other law, and no action, proceeding or
exercise of a right with respect to the construction bond will affect or preclude any other
right the city may have.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-46. Performance bond.
(a) Prior to issuance of any permit in accordance with this article, the registrant shall be
required to obtain, pay for, and file with the city a performance bond. The performance bond
shall serve to guarantee proper performance under the requirements of this article and the
permit, the timeliness and quality of the construction and restoration of the affected public
rights-of-way, and to secure and enable the city to recover all costs related to the restoration
of the rights-of-way, in the event the registrant fails to make such restoration to the city's
satisfaction or causes damage to the rights-of-way during construction. The performance
bond must name the city as obligee, and be conditioned upon the full and faithful compliance
by the registrant, with all requirements, duties, and obligations imposed by the permit and
provisions of this article, during and through completion of the proposed placement and/or
maintenance activity(ies). The performance bond shall be in a form acceptable to the city
attorney and must be issued by a surety having an A.M. Best A -Class VII rating or better
and duly authorized to conduct business in the State of Florida.
(b) The performance bond shall be in the face amount of the estimated costs of the
restoration of the rights-of-way, but in no event shall be less than two thousand five hundred
dollars ($2,500.00). For a consolidated SWFC application, when allowed under this chapter,
the registrant shall provide a performance bond in the amount of the total costs of the
restoration of the rights-of-way for all wireless communication facilities requested to be
collocated on an existing structure within the rights-of-way, but in no event shall be less than
five thousand dollars ($5,000.00).
(c) The performance bond must be issued as non -cancelable and be for a term of not less
than ninety (90) days after the anticipated date of completion of construction, restoration,
and city inspection. In the event the term of any construction bond expires, or is reasonably
expected to expire, prior to ninety (90) days after the completion of construction, restoration,
and city inspection, the registrant shall immediately obtain, pay for, and file with the city, a
replacement performance bond.
(d) The city's right to recover under the performance bond shall be in addition to all other
rights of the city, whether reserved in this article, or authorized by other law, and no action,
proceeding, or exercise of a right, with respect to the performance bond, will affect or
preclude any other right the city may have. Any proceeds recovered under the performance
bond may be used to reimburse the city for such additional expenses, as may be incurred by
Supp. No. 44 1156.1
§ 19-46 ATLANTIC BEACH CODE
the city, as a result of the failure of the registrant to comply with the responsibilities imposed
by this article, including but not limited to, attorney's fees and costs of any action or
proceeding.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-47. Enforcement remedies.
(a) No provision of this chapter shall be deemed to bar the right of the city to seek or
obtain judicial relief from a violation of any provisions of this chapter, the registration
provisions, or any rule, regulation or general condition provided for hereunder, whether
administratively, judicially or both. Neither the existence of other remedies identified in this
chapter nor the exercise thereof shall be deemed to bar or otherwise limit the right of the city
to recover fines, penalties or monetary damages (except where liquidated damages are
otherwise prescribed) for such violation by the communications services provider. The
remedies available to the city shall be cumulative and in addition to any other remedies
provided by law or equity. The laws of the State of Florida shall govern with respect to any
proceeding in law or equity pertaining to the enforcement of this chapter or any cause of
action arising out of or in connection herewith.
(b) A communications services provider's failure to comply with provisions of this chapter
shall constitute a city Code violation and shall subject the communications service provider
to the code enforcement provisions and procedures as provided in chapter 2, city Code, and
may be punishable as provided in F.S. § 162.22, as it may be amended.
(c) In any proceeding before the city commission where there exists an issue with respect
to a communications services provider's performance of its obligations pursuant to this
chapter, the communications services provider shall be given the opportunity to provide such
information as it may have concerning its compliance with the terms and conditions of this
chapter. The city may find a communications services provider that does not demonstrate
compliance with the terms and conditions of this chapter in default and apply any
appropriate remedy or remedies as authorized by this chapter. In determining which remedy
is appropriate, the city commission shall take into consideration the nature of the violation,
the person bearing the impact of the violation, the nature of the remedy required in order to
prevent further violations, and such other matters as the city, commission determines are
appropriate to the public interest.
(d) The city manager or his designee, or his/her designee, shall be responsible for
administration and enforcement of this chapter, and is authorized to give any notice required
herein or by law.
(e) Failure of the city to enforce any requirements of this chapter shall not constitute a
waiver of the city's right to enforce that violation or subsequent violations of the same type
or to seek appropriate enforcement remedies.
(Ord. No. 65-17-39, § 5, 12-11-17)
Supp. No. 44 1156.2
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-49
Sec. 19-48. Abandonment of a communications facility or utility pole.
(a) Upon abandonment of any facility or utility pole owned by a communications services
provider in the public rights-of-way (hereinafter "abandoned communications facility"), the
communications services provider shall notify the city within sixty (60) days.
(b) The city may direct the communications services provider, by written notice, to remove
all or any portion of such abandoned communications facility at the communications services
provider's sole expense if the city determines that the abandoned communications facility's
presence interferes with the public health, safety or welfare, which shall include, but shall
not be limited to, a determination that such communications facility: (1) compromises safety
at any time for any public rights-of-way user; (2) compromises the safety of other persons
performing placement or maintenance of communications facilities in the public rights-of-
way; (3) prevents another person from locating other facilities in the area of the public
rights-of-way where the abandoned communications facility is located when other alterna-
tive locations are not reasonably available; or (4) creates a maintenance condition that is
disruptive to the use of the public rights-of-way. In the event of (2), the city may require the
third person to coordinate with the communications services provider that owns the existing
communications facility for joint removal and placement, where agreed to by the communica-
tions services provider.
(c) If the communications services provider fails to remove all or any portion of an
abandoned communications facility as directed by the city within the time period specified in
the written notice, which time period must be reasonable under the circumstances, the city
may perform such removal and charge the cost of the removal against the communications
services provider.
(d) In the event that the city does not direct the removal of the abandoned communica-
tions facility, the communications services provider, by its notice of abandonment to the city,
shall be deemed to consent to the alteration or removal of all or any portion of such
abandoned facility by the city or other person, provided that the cost of the alteration or
removal is not borne by the communications services provider.
(Ord. No. 65-17-39, § 5, 12-11-17)
Sec. 19-49. Reservation of rights.
The city hereby expressly reserves all of the following rights:
(1) To exercise its municipal home rule powers, now or hereafter, to the fullest extent
allowed by law with regard to the access, use and regulation of the public
rights-of-way.
(2) To amend this chapter as it shall find necessary in the lawful exercise of its
municipal authority.
Supp. No. 44 1156.3
§ 19-49 ATLANTIC BEACH CODE
(3) To adopt or enact by resolution or ordinance, in addition to the provisions contained
herein and in any existing applicable ordinances, such additional reasonable
regulations as city commission finds necessary in the exercise of the city's police
powers.
(4) To exercise the power of eminent domain, consistent with applicable federal and
state law, to acquire property that may include that property owned or leased by a
communications services provider.
(5) As and when deemed necessary by city commission to be in the interest of the city or
its residents, to abandon portions of the public rights-of-way within the proper
exercise of its municipal authority and without notice to or the consent of any
communications services provider. The city shall not be responsible for any costs,
damages, loss or other expense to the communications services provider as a result of
the city's abandonment of any public rights-of-way.
(6) To place and maintain, and franchise or permit to be placed or maintained, sewer,
gas, water, electric, storm drainage, communications, and other types of facilities,
cables or conduit, and to do, and to permit to be done, any underground and overhead
installation or improvement that may be deemed necessary or proper by the city in
the public rights-of-way occupied by any communications services provider.
(7) Without limitation, the right to alter, change, or cause to be changed, the grading,
installation, relocation, or width of any public rights-of-way within the city limits
and within said limits as the same may from time to time be altered.
(8) To require a reseller to register in accordance with section 19-33 to the extent such
reseller wants the right to place or maintain facilities in the public rights-of-way.
Any person using or leasing facilities owned by a registered communications services
provider is not, therefore, entitled to any rights to place or maintain communications
facilities in the public rights-of-way, unless such person themselves registers with
the city.
(Ord. No. 65-17-39, § 5, 12-11-17)
Supp. No. 44 1156.4
Chapter 23
PROTECTION OF TREES AND NATIVE VEGETATION*
Article I. In General
Sec. 23-1. Purpose and intent.
Sec. 23-2. Applicability.
Sec. 23-3. Relationship to land development regulations and the comprehensive plan.
Sec. 23-4. Amendments to this chapter.
Secs. 23-5-23-7. Reserved.
Article II. Language and Definitions
Sec. 23-8. Definitions.
Secs. 23-9-23-10. Reserved.
Article III. Tree and Vegetation Regulations
Division 1. In General
Sec. 23-11. Scope.
Division 2. Administration
Sec. 23-12. City commission.
Sec. 23-13. Administrator.
Sec. 23-14. Tree conservation trust fund.
Secs. 23-15-23-20. Reserved.
Division 3. Permits
Sec. 23-21. Permits required by this chapter.
Sec. 23-22. Exemptions from the requirement for a permit.
Sec. 23-23. Permits procedures.
Sec. 23-24. Inspections and site preparation.
Sec. 23-25. Appeals.
Sec. 23-26. Fees.
Secs. 23-27-23-29. Reserved.
*Editor's note—Section 2(Exh. A) of Ord. No. 95-09-98, adopted Jan. 12, 2009, repealed
the former ch. 23, "Vegetation," arts. I—V, §§ 23-15-23-17, 23-19, 23-20, 23-22, 23-25,
23-36-23-40, and 23-46-23-50, and enacted a new ch. 23 as set out herein. The former ch.
23 pertained to tree protection, accumulation of weeds, and historic tree preservation and
derived from Ord. No. 55-82-19, adopted March 22, 1982; Ord. No. 95-89-44, adopted Jan. 8,
1990; Ord. No. 95-95-64, adopted Feb. 12, 1996; Ord. No. 95-00-73, adopted March 27, 2000;
Ord. No. 95-02-79, adopted Oct. 14, 2002; Ord. No. 5-03-42, adopted July 14, 2003; and Ord.
No. 95-07-92, adopted Feb. 12, 2007.
Cross reference—Streets, sidewalks and other public places, Ch. 19.
Supp. No. 44 1351
ATLANTIC BEACH CODE
Division 4. General Provisions
Sec. 23-30. Minimum tree requirements.
Sec. 23-31. General prohibitions.
Sec. 23-32. Tree protection during development and construction.
Sec. 23-33. Mitigation to be assessed.
Sec. 23-34. Maintenance and monitoring requirements.
Sec. 23-35. Elimination of undesirable species.
Sec. 23-36. Elimination of contagious diseased and pest -infested trees.
Sec. 23-37. Payment in lieu of replacement/relocation.
Secs. 23-38-23-39. Reserved.
Division 5. Areas of Special Concern
Sec. 23-40. Applicability.
Sec. 23-41. Historic corridors and heritage trees.
Secs. 23-42-23-45. Reserved.
Division 6. Violations, Enforcement and Penalties
Sec. 23-46. Violations.
Sec. 23-47. Notice of violation.
Sec. 23-48. Stop work order.
Sec. 23-49. Requirement for emergency or immediate corrective action.
Sec. 23-50. Code enforcement action.
Sec. 23-51. Penalties.
Sec. 23-52. Environmental stewardship committee—Intent.
Secs. 23-53-23-60. Reserved.
Supp. No. 44 1352
PROTECTION OF TREES AND NATIVE VEGETATION § 23-4
ARTICLE I. IN GENERAL
Sec. 23-1. Purpose and intent.
(a) Purpose. The provisions of this chapter are established for the purpose of enhancing,
conserving, restoring, protecting and preserving the natural environment, specifically
related to trees and native coastal dune vegetation. Priority shall be given to the protection
and preservation of existing resources.
(b) Intent. The provisions of this chapter are intended:
(1) To establish efficient and effective procedures, regulations and guidelines for the
protection of existing vegetation, installation of native landscaping and maintenance
thereof regarding vegetation including, but not limited to, trees, shrubs, salt marsh
and beach dune grasses, and ground covers.
(2) To promote and sustain community values by providing for an aesthetically pleasing
environment where a healthy tree canopy is maintained and regenerated.
(3) To protect natural systems and avoid impairment of their natural functions
including the provision of shade and cooling on lots and development parcels,
sidewalks, streets and other public places.
(4) To provide protection for environmentally sensitive areas.
(5) To encourage protection of healthy trees and provide for replacement and/or
relocation of trees which are necessarily removed during construction, development
or redevelopment.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-2. Applicability.
All lands within the City of Atlantic Beach shall be subject to the provisions of this
chapter.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-3. Relationship to land development regulations and the comprehensive
plan.
This chapter contains specific and detailed provisions intended to implement the related
policies as set forth in the comprehensive plan, as may be amended. The provisions of this
chapter shall be implemented in coordination with chapter 24, Land Development Regula-
tions, of this Municipal Code, and in the case of any conflict between the two (2) chapters, the
provisions establishing the higher standard shall prevail.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-4. Amendments to this chapter.
The city commission shall have the authority to amend this chapter as needed to
implement its intent, or to implement objectives and policies of the comprehensive plan, or
Supp. No. 44 1352.1
§ 23-4 ATLANTIC BEACH CODE
otherwise enact updates as may be appropriate. Amendment to this chapter shall be made
in accordance with the established procedures for amending any portion of this Code of
Ordinances.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Secs. 23-5-23-7. Reserved.
ARTICLE II. LANGUAGE AND DEFINITIONS
Sec. 23-8. Definitions.
For purposes of this chapter, the following terms shall have the meanings as set forth
within this section, and where interpretation is required, shall be interpreted so as to give
these terms the meaning they have in common usage. Where applicable and appropriate to
the context, definitions as set forth within chapter 24, Land Development Regulations, of
this Municipal Code, Florida State Building Codes or within Florida Statutes, as these may
be amended, shall be used in conjunction with these terms and the requirements of this
chapter.
Administrator shall mean the representative of the city as designated by the city manager
to oversee administration of this chapter.
Supp. No. 44 1352.2
PROTECTION OF TREES AND NATIVE VEGETATION § 23-23
(b) Sufficiency review of applications. Upon receipt of the application and appropriate fee,
the administrator shall conduct a preliminary review within five (5) business days to
determine that all required information has been submitted and is sufficient for review
purposes. The administrator may refer the application to other city department(s) or a
qualified professional consultant during preliminary review. The applicant shall be notified
if extended review by other departments and/or professionals is required. The applicant
shall be notified of any deficient items. Upon submittal of deficient or missing information,
the administrator shall again review the application. If the requested information has not
been provided or is insufficient, the applicant shall be notified in writing that no further
review will be performed until the requested information is provided and found to be
sufficient.
However, an application shall be deemed abandoned thirty (30) days after the date the
administrator notifies the applicant of any deficiencies contained in the application if the
applicant has failed to submit the deficient or missing information. The administrator may,
upon written request and justification by the applicant, grant not more than one (1) 30 -day
extension. At the expiration of the extension, the application shall automatically become
null and void.
(c) Review by other agencies. At the discretion of the administrator, relative to the
environmental sensitivity of the site, appropriate written sign -offs, permits or consents from
the agencies listed below which have jurisdiction may be required prior to regulated tree or
regulated vegetation removal from sites contiguous to or containing environmentally
sensitive areas or lands. The applicant shall obtain this information and submit the
agencies' written verification to the city:
(1) Army Corp of Engineers (ACOE);
(2) Saint Johns River Water Management District (SJRWMD);
(3) Florida Department of Environmental Protection (FDEP);
(4) Any other applicable governmental agencies extending jurisdictional controls over
the site.
(d) Compliance review and approval of applications. Applications will be reviewed and
tree or vegetation removal permits will be issued in accordance with the following:
(1) Time for review. Once an application has been deemed sufficient, the administrator
shall conduct a full compliance review of the application and issue a notice of intent
to issue a tree permit to approve or approve with conditions, or deny the application
in accordance with the procedures set forth in section 23-52(g) hereof.
(2) Standards for review. The administrator shall consider the following in making a
determination of compliance with the provisions of this chapter.
a. Necessity to remove trees which pose a safety hazard, as determined by the
director of public works, to pedestrian or vehicular traffic, or threaten to cause
disruption to public services or result in a significant obstacle to accessing and
utilizing public easements and rights-of-way.
Supp. No. 44 1365
§ 23-23 ATLANTIC BEACH CODE
b. Necessity to remove trees which pose a threat to buildings and other improve-
ments on a lot or parcel of land. Ordinary small cracks or uplifts in pavement,
sidewalks, and non -occupied structures that are typically caused by settling
and small roots shall not be considered a safety hazard.
c. Necessity to remove diseased trees or trees weakened by age, storm, fire or
other injury, or trees with severe structural defects that pose a safety hazard to
people, buildings, or other improvements on a lot or parcel of land.
d. Necessity to remove trees in order to construct approved and permitted
improvements to allow reasonable economic enjoyment of the property.
e. Existence of any adverse site conditions which may affect the implementation of
the provisions of this chapter.
(e) Expiration of permits. Upon approval of the application by the administrator, the
permit shall be issued. Work pursuant to the permit shall commence within twelve (12)
months of the date of issuance, or the permit shall expire.
(f) Content of permits. The permit shall be issued in such form as may be prescribed by the
administrator and shall set forth in detail the conditions upon which the permit is granted
and specifically identify which land areas shall be cleared and/or which trees shall be
permitted to be removed. One (1) permit may cover several trees or groups of trees as long
as the trees or groups of trees can be clearly identified thereon; provided, however, no permit
may be issued for more than one (1) lot, parcel or area of land unless such lots, parcels or
areas of land shall be contiguous to one another and considered as one (1) parcel for the
purpose of development.
g Posting tin ofpe ni,it`'. The permit Ghali be, posted in a conspicuous aril visible place a; she
� b IY`' � 1"�� YY
front of the property by the applicant promptly after issuance. The permit shall remain
posted on the property during all applicable tree and vegetation removal activity and until
final inspection by the city. It is the responsibility of the applicant to maintain the permit in
a clearly visible manner at all times.
(h) Amendment of permits. Requests for minor changes to approved plans shall be made
as an amendment to the applicable permit, and shall require payment of an administrative
processing fee. Additional information submitted with a request for permit amendment shall
be adequate to fully document the nature of the proposed change and the effect it will have
on all aspects regulated by this chapter. All plans, reports, calculations, and other
information affected by the proposed amendment shall be updated so as to maintain an
accurate record of the development activity. Review time for any changes to plans approved
for a permitted site shall be the same as specified for the review of a new application. An
amendment to a permit shall not automatically extend the expiration date.
Substantial changes, including significant increases in the number of trees to be removed or
land to be cleared, increases in impervious surface area, changes to intended land use,
modification of stormwater management systems, or any other change that constitutes a
Supp. No. 44 1366
PROTECTION OF TREES AND NATIVE VEGETATION § 23-24
major modification to a site plan or subdivision, new phases of development or other
additions, shall not be treated as amendments, but shall require a new permit application
and fee.
(i) Revocation of permits.
(1) By administrator. The administrator may revoke any permit issued pursuant to this
chapter, following notice in writing to the permittee and after providing the
permittee opportunity to respond to the notice, in either of the following circumstances:
a. The administrator finds that the permittee has continued with any develop-
ment activity on a site for which a permit was issued, while the site is under a
stop work order which has not been reversed, canceled or suspended pursuant
to this chapter, except for specified remedial work required to bring the
violation into compliance with the approved permit; or
b. If the administrator finds that the approval of the permit was based on
incorrect information furnished by the applicant for the permit. Based upon
such finding, however, the administrator may make reasonably necessary
accommodations to the conditions of a permit in lieu of revoking it.
(2) Discontinuance of work. Revocation of a permit may also result in a stop work order
in accordance with section 23-48.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-17-64, § 2, 7-24-17)
Sec. 23-24. Inspections and site preparation.
(a) Inspections. The following inspections shall be conducted in conjunction with all
development activities subject to the requirement for a tree or vegetation removal permit.
(1) Initial inspection. The administrator shall conduct an initial inspection of the site
prior to approval of any application.
(2) Protective barricade inspection. A protective barricade inspection shall ensure proper
installation of measures prior to the initiation of any other development activity
where required as a condition of the permit.
(3) Final inspection and notice of completion. A final inspection and notice of completion
shall occur when all development activities permitted for the site have been
completed. No certificate of occupancy shall be issued, nor any building or premises
occupied, unless and until the administrator has determined after final inspection
that all work, including land clearing, regulated tree or regulated vegetation
removal, tree protection and tree replacement, has been done in accordance with the
approved permit and plan.
(4) Maintenance inspections. The administrator shall have the authority to conduct
on-site maintenance inspections subsequent to final inspection and notice of
completion, and to require correction of all deficiencies and violations in accordance
with this chapter.
Supp. No. 44 1367
§ 23-24 ATLANTIC BEACH CODE
(b) Site preparation. Prior to requesting initial and/or protective barricade inspection, the
applicant shall prepare the site with proper staking and taping as necessary to allow the
administrator to locate and identify the lot or parcel to be inspected; to determine the
building site; to locate the proposed buildings or other proposed structures or improvements
that will disturb vegetation, and to ensure clear understanding between the property owner,
contractor, administrator and other inspectors that may be involved.
(1) The address or legal description of the property shall be displayed in a conspicuous
manner.
(2) The property corners shall be marked according to survey with wooden stakes. Each
stake shall be flagged with surveyor's tape or with bright colored paint. Any property
crossed by the coastal construction control line shall have that line marked on the
ground with conspicuous wooden stakes and surveyor's tape or durable waterproof
string and shall be clearly labeled "CCCL".
(3) All trees to be preserved during development activities shall be barricaded according
to a tree protection plan consistent with the guidelines in the Tree Protection Guide
for Builders and Developers, published by the Florida Division of Forestry and/or any
other reasonable requirements deemed appropriate by the administrator to imple-
ment this part.
(4) All trees proposed for removal shall be identified with red or orange surveyor's tape
or paint.
(5) All trees proposed for protection as mitigation for removed trees shall be identified
with blue or green surveyor's tape or paint.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-25. Appeals.
(a) Procedures to file appeals. Appeals and written notices objecting to decisions
regarding tree permits issued under authority of this chapter shall be made in accordance
with the provisions of section 23-52(g) hereof.
(b) Stay of work. Any appeal to the city commission filed pursuant to section 23-52(g)
shall stay all work on the premises and all proceedings in furtherance of the action appealed,
unless the appropriate administrative official certifies that a stay would cause imminent
peril to life or property.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-17-64, § 3, 7-24-17)
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
Supp. No. 44 1368
PROTECTION OF TREES AND NATIVE VEGETATION § 23-30
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
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 multifam-
ily 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
Supp. No. 44 1369
§ 23-30 ATLANTIC BEACH CODE
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
piunillg lieclliiiques on i.iees iilteiided fox - lade purposes YYiie '+� such Liees Elie iequiied
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. 44 1370
PROTECTION OF TREES AND NATIVE VEGETATION § 23-52
established application fee specified in section 23-26. In addition, as a condition of
the permit, the applicant shall immediately complete all remedial work as necessary
to stabilize the site and mitigate all damage to the site and adjacent properties.
(2) Regulated trees removed in violation of this chapter shall be assessed at two (2)
times the normal established rate of mitigation specified in section 23-33.
(3) If a lot, parcel, site or portion thereof, has been cleared such that the administrator
is unable to determine with reasonable certainty the number and size of regulated
trees and/or regulated vegetation removed in violation of this chapter, analysis of
aerial photography or other such accepted scientific methodology shall be used to
make a determination as to the loss of canopy and/or land cover for the purpose of
assessing mitigation. A civil fine of five dollars ($5.00) per square foot of canopy or
land cover lost shall be assessed by the administrator, and shall be payable to the
tree fund within seven (7) days of such assessment. No further work or development
shall proceed until the city is in receipt of any such assessed fine.
(4) Any person(s) exhibiting a documented history of chronic or repeated violations of
this chapter shall, upon third offense, be reported to the Florida Department of
Business and Professional Regulation, as well as any other authority governing
licensing, registration or certification of individuals or businesses.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-52. Environmental stewardship committee—Intent.
The maritime forest in Atlantic Beach is core to the city's identity as a small coastal
village. The tree canopy creates beauty, provides a home for wildlife, functions as an element
of the water management system and enhances property values. It is in the best interest for
this committee to be the stewards of the tree canopy through advocacy, assessment,
maintenance, planting and preservation of this natural resource. The city parks provide
open spaces for recreation, exercise, wildlife habitat, relaxation and encounters with the
natural world. This committee intends to support the community to provide a variety of park
spaces that are well maintained, accessible and secure. This committee shall take the lead
and set high community standards in the beautification and maintenance of public spaces
located within the city. The Atlantic Ocean, the St. Johns River and the Intracoastal
Waterway have a great deal of influence on the micro climate, drainage issues and the
diverse vegetation and wildlife that thrive within the city. The care and health of the coast
and marsh must be paramount in every recommendation made by this committee about the
use of our land, water system and tree canopy.
(a) Environmental stewardship committee purposes. It shall be the purpose of the
environmental stewardship committee:
(1) To study and make recommendations to the city commission and city staff with
respect to the city's:
a. Maritime forest;
Supp. No. 44 1381
§ 23-52 ATLANTIC BEACH CODE
b. Parks and open spaces;
c. Beautification of public and private spaces; and
d. Environmental stewardship.
(2) To act as a motivating and coordinating body to encourage joint public and
private participation in promoting these purposes.
(b) Environmental stewardship committee—Scope of activities. The environmental steward-
ship committee shall provide guidance and support to the city commission and city
manager and, upon request by the city commission or city manager, shall provide
written recommendations, in the following areas:
(1) Maritime forest:
a. Clarifying and strengthening the city's processes and all tree and landscape
related city codes and ordinances;
b. Monitoring the appropriate administration and enforcement of the city's
ordinances;
c. Promoting transparency through online access to relevant information;
d. Developing and maintaining environmental education and outreach
programs about the maritime forest and relevant codes;
e. Promoting appropriate planting and care of trees on private property to
owners, developers, builders, and tree/landscape service contractors;
f. Developing and maintaining a long-term tree plan that includes an
assessment of the tree canopy, projecting future needs, and developing a
ralrndar and biidgaf for frac, planting- in parka, nnhlic cpareo and along
streets and right-of-ways;
g. Promoting tree canopy advocacy including upholding the city's status as a
bona fide "Tree City USA";
h. Developing a process for systematic, review of the city's enforcement of the
existing tree codes, including the long-term health of trees planted for
mitigation; and
i. Developing and maintaining a process for citizens to communicate possible
violations to the city.
(2) Parks and open spaces:
a. Developing and maintaining a long-range plan to protect, improve and
beautify park spaces;
b. Improving access to and amenities for parks including disability accom-
modations, bike paths, parking, signage and other user friendly features;
c. Expanding the city's inventory of parks and conservation land through
acquisition or other means; and
Supp. No. 44 1382
PROTECTION OF TREES AND NATIVE VEGETATION § 23-52
d. Maintaining a web -based, publicly accessible inventory of parks including
their history, archeological value, rules of use, deed restrictions and
conservation easements.
(3) Beautification of public and private spaces:
a. Enhancing public spaces, including public rights-of-way, roadsides, city
buildings, beach accesses and other publicly held properties with art,
carefully maintained landscape design and plantings;
b. Incentivizing and advocating for beautification of private and commercial
spaces;
c. Reducing the number and appearance of degraded or blighted properties;
and
d. Developing a design theme/community branding for signage, bus shelters,
lighting and other elements of the built environment.
(4) Environmental stewardship:
a. Utilizing best practices, including a science based approach, when making
any decision about development and its impact on our environment;
b. Protecting the beach, dunes, marshlands and wetlands as critical defenses
in hurricane, erosion and flooding conditions;
c. Communicating the dynamics of tidal drainage and floodplain with the
goal of preserving the city's flood management system;
d. Reviewing the city's environmental codes and ensuring enforcement of
rules including, but not limited to, dumping, septic tanks and commercial
pollution; and
e. Reviewing, updating and maintaining the Marsh Master Plan for adher-
ence to current research about sea level change and wetlands preserva-
tion.
(c) Membership, terms, appointments, geographic requirements, composition.
(1) Membership. The environmental stewardship committee shall be composed of
eleven (11) members. A majority of the members of the committee shall
constitute a quorum.
(2) Terms. All members shall serve four-year terms, with the exception of inaugural
committee members. Members shall not serve more than two (2) consecutive
terms on the committee. Three-year terms of the inaugural committee members
shall constitute a full term. In the event a vacancy occurs and three (3) years or
more remain in the vacating member's term, then the remaining time shall
constitute a full term.
Supp. No. 44 1383
§ 23-52 ATLANTIC BEACH CODE
(3) Appointments. Except for the inaugural committee members, committee members
shall be selected by the board member review committee and shall be confirmed
by the commission. The commission shall select the inaugural committee
members as follows:
Member Representation
Appointed By
At large
Mayor (3 years)
At large
Mayor (4 years)
At large
Mayor (3 years)
District 1308 resident
Seat 2 commissioner (3 years)
At large
Seat 2 commissioner (4 years)
District 1307 resident
Seat 3 commissioner (3 years)
At large
Seat 3 commissioner (4 years)
District 1306 resident
Seat 4 commissioner (3 years)
At large
Seat 4 commissioner (4 years)
District 1312 resident
Seat 5 commissioner (3 years)
At large
Seat 5 commissioner (4 years)
(4) Geographical requirements. There shall be at least one (1) member representing
each city district on the committee. Each committee member must be a full time
resident of the city or own real property in the city. For the purpose of this
section, full time residency shall be defined as the person's principal place of
abode. Any member must immediately notify the city manager and chair in
writing upon no longer meeting these membership qualifications.
(5) Composition. To the extent possible, committee members should demonstrate at
least one (1) of the following skills, experience, expertise, educational background
or interests:
a. Knowledge of best practices in environmental management and sustain-
ability;
b. Land development and building construction;
c. Urban planning and design;
d. Arboriculture and horticulture;
e. Landscape architecture;
f. Environmental policy;
g. Environmental and constitutional law;
h. Community engagement; and
i. Educational programming
(d) Organization.
(1) The committee shall meet on the second Wednesday of each month. Special
meetings may be called by the chair, provided at least forty-eight (48) hours'
notice is provided and that a majority of the members must agree to the date
Supp. No. 44 1384
PROTECTION OF TREES AND NATIVE VEGETATION § 23-52
and time. At its first regularly scheduled meeting each January, the committee
shall elect from among its members a chair, vice chair, and secretary who shall
assume their positions immediately upon election.
(2) The chair shall preside at all meetings of the committee. The vice chair shall
preside if the chair is absent.
(3) The committee shall be staffed at each meeting by a city staff member
appointed by the city manager to act as the recording clerk. In addition, the city
manager or his/her designee shall attend all committee meetings.
(4) Roberts Rules of Order shall be followed at committee meetings. The committee
may adopt, amend, and rescind procedural rules of the committee to aid in
implementing the provisions of this section. All reports, studies, and recom-
mendations made by the committee shall be approved by the committee before
the same may be presented to the city commission or city manager on behalf of
the committee.
(5) The committee shall establish a tree subcommittee in accordance with subsec-
tion (f) below. The committee may establish such other subcommittees from
among its membership as it deems necessary to perform its activities. Subcom-
mittees shall report on their progress to the committee at such times as the
committee shall require. All committee and subcommittee meetings shall be
open to the public and are subject to Florida's Government in the Sunshine
Laws.
(6) The committee's recording clerk shall keep minutes of the proceedings, showing
the vote of each member upon each question, or, if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and other
official actions, all of which shall be immediately filed in the office of the city
clerk and shall become a public record.
(e) Removal of members. A member's position on the committee shall be automatically
vacated if that member has three (3) or more unexcused absences from committee
meetings within a one-year period. The vacancy shall be promptly filled.
(f) Establishment of tree subcommittee, membership, terms.
(1) There is hereby established a tree subcommittee of the environmental steward-
ship committee, referred to in this subsection as the subcommittee. The
subcommittee shall systematically review tree permits submitted to the city for
completeness and to determine compliance with the provisions of this chapter
23 as more particularly described in this subsection. The subcommittee shall
consist of three (3) members and one (1) alternate member. The alternate shall
serve in the case of the absence of any of the three (3) members. The members
of the environmental stewardship committee may volunteer to serve on the
subcommittee and shall be appointed to the subcommittee by the environmental
stewardship committee. All of the members of the subcommittee shall be
Supp. No. 44 1385
§ 23-52 ATLANTIC BEACH CODE
members of the environmental stewardship committee. The environmental
stewardship committee shall appoint or remove the members of the subcommit-
tee by a simple majority vote. Filling vacancies shall take place at the next
regular scheduled meeting of the environmental stewardship committee after a
seat on the subcommittee has become vacated. Members of the subcommittee
may serve for as long as they serve on the environmental stewardship
committee.
(2) Organization of tree subcommittee.
a. The environmental stewardship committee shall establish a regular
meeting schedule of the tree subcommittee. Unless otherwise determined,
the subcommittee's meetings shall meet on the same date as the
environmental stewardship committee.
b. The administrator or designee shall attend all meetings of the subcommit-
tee. A city staff member designated by the city manager shall act as clerk
for the subcommittee. The clerk shall be responsible for the clerical
administration of the subcommittee. The clerk shall also be responsible for
the maintenance and preservation of all records of the subcommittee in
coordination with the city clerk's office.
c. The subcommittee shall utilize the rules of the environmental stewardship
committee. Robert's Rules of Order shall be followed to conduct meetings.
All meetings shall be open to the public. The subcommittee shall keep
minutes of the proceedings, recording the vote of each member upon each
question or if absent or failing to vote, indicating such facts. It shall keep
let -olds of its exauuliatious anti ° lier official actions, all of W111C11 shall be
promptly filed with the city clerk's office and shall become public record.
The subcommittee will operate in compliance with Florida's Government
in the Sunshine Laws.
(g) Systematic permit review and appeal process. Notwithstanding any other permit
review or appeal processes set forth in the Atlantic Beach Code of Ordinances, the
following permit review and appeal procedures shall constitute the exclusive
procedures regarding tree permits in the City of Atlantic Beach.
(1) Initial review period.
a. The administrator shall upload all tree permit applications to the city's
website within three (3) business days of being deemed sufficient in
accordance with section 23-23 of this Code, and ready for site inspection in
accordance with section 23-24. The initial site inspection by the administra-
tor may occur no earlier than the fourth business day after the complete
permit application has been uploaded to the city's website.
b. The subcommittee may review any tree permit applications.
Supp. No. 44 1386
PROTECTION OF TREES AND NATIVE VEGETATION § 23-52
c. Each member of the subcommittee may independently review any tree
permit applications that include the removal of more than fifty (50)
percent of the total inches of the diameter at breast height (DBH) of
regulated trees on any property.
d. Each member of the subcommittee may independently review any tree
permit applications that include the removal of one (1) or more legacy
tree(s) on any property.
e. One (1) member of the subcommittee may accompany the administrator on
the initial site inspection as an observer. The subcommittee member must
make the request to attend the initial site inspection as an observer within
three (3) business days of the permit being uploaded to the city's website.
The subcommittee member shall not interact with the property owner or
the property owner's agents during the site inspection and shall stay in the
vicinity of the administrator during the inspection. The subcommittee
member shall be provided twenty-four (24) hours' notice prior to the time
of the site inspection. If multiple requests are made by subcommittee
members to accompany the administrator on the initial site inspection, the
administrator shall select the first subcommittee member who submits a
request in writing.
(2) Issuance, review and appeal procedures of a permit.
a. When the administrator's application review process and inspection have
been completed, the administrator shall distribute a notice of intent to
issue tree permit to the applicant and all members of the subcommittee,
including the alternate member and upload the draft permit to the city's
website. Within five (5) business days after the distribution of the notice of
intent, the applicant, any member of the subcommittee or any "adversely
affected party" as defined in section 24-17 may place a hold on the permit
by providing written notice to the administrator requesting further review.
This notice shall include the rationale to support the request for further
review. If no notice is filed, the permit shall be effective after the
expiration of the five -business -day notice period.
b. Should a written notice be timely filed, within five (5) business days after
a notice is filed with the administrator, the administrator shall place the
matter on the agenda, with proper notice, of the next available regularly
scheduled subcommittee meeting.
c. The subcommittee shall review the draft permit for compliance with the
requirements of this chapter 23 and shall, by majority vote, recommend
that the administrator approve, approve with conditions or deny the
application. The administrator shall issue or deny the permit within five
(5) business days after the subcommittee meeting. The applicant or any
member of the subcommittee or any "adversely affected party" who
submitted written comments to the subcommittee prior to the meeting or
Supp. No. 44 1387
§ 23-52 ATLANTIC BEACH CODE
made a presentation to the subcommittee during the meeting, may file a
written notice objecting to the permit within five (5) business days from
the date of permit issuance stating the alleged reasons the permit does not
comply with the provision of this chapter 23. The permit issued by the
administrator shall not be effective until this five -business -day notice
period has expired.
d. Should a written notice be timely filed, the draft permit shall be placed on
the next available community development board agenda. The board's
review shall be de novo. The board shall determine whether the draft
permit complies with the provisions of this chapter 23. The board may
issue, deny or modify the draft permit. All notice requirements for
"variances" set forth in section 24-51(c)(2) shall apply to the hearing on
said contested tree permit.
e. The decision by the community development board shall be final unless
the applicant or an "adversely affected party" who submitted written
comments to the board prior to the board meeting or made a presentation
to the board during the meeting files a written appeal of the community
development board decision to the city commission within fifteen (15) days
of the board's decision, with the city clerk, together with a five -hundred -
dollar ($500.00) filing fee. Where the community development board
approves a tree permit, the subject tree permit shall not be effective until
the fifteen -day appeal period has expired. Said written appeal must set
forth the alleged reasons that the community development board's determina-
tion does not comply with the provisions of this chapter 23. The commis-
sion's review shall be de novo and the notice requirements for "variances"
set forth in section 24-bl(c)(2) shall apply. 'file commission may confirm,
overturn or modify the community development board's action. The action
of the commission shall constitute final action of the city. Where the
commission approves a tree permit, the permit shall not be effective until
any applicable judicial appeal period has expired.
(Ord. No. 5-17-64, § 1, 7-24-17)
Secs. 23-53-23-60. Reserved.
Supp. No. 44 1388
[The next page is 1403]
Chapter 24
LAND DEVELOPMENT REGULATIONS*
Article I. In General
Sec. 24-1. Adoption and authority.
Sec. 24-2. Purpose and intent.
Sec. 24-3. Jurisdiction.
Sec. 24-4. Amendments.
Sec. 24-5. Legal status and consistency with the comprehensive plan.
Secs. 24-6-24-15. Reserved.
Article II. Language and Definitions
Sec. 24-16. Construction of language.
Sec. 24-17. Definitions.
Secs. 24-18-24-30. Reserved.
Article III. Zoning Regulations
Sec. 24-31. Scope.
Secs. 24-32-24-45. Reserved.
Division 1. In General
Division 2. Administration
Sec. 24-46. City commission.
*Editor's note -Section 2(Exh. A) of Ord. No. 90-10-212, adopted March 8, 2010,
repealed and replaced former Ch. 24, Arts. I -VI, §§ 24-1-24-284, in its entirety. Former
Ch. 24 pertained to zoning, subdivision and land development regulations and derived from
Ord. No. 90-03-184, § 2, adopted Dec. 8, 2003; Ord. No. 90-04-185, § 1, adopted June 28,
2004; Ord. No. 90-06-188, § 1, adopted March 13, 2006; Ord. No. 90-06-189, § 1, adopted Feb.
27, 2006; Ord. No. 90-06-193, § 1, adopted May 22, 2006; Ord. No. 90-06-195, § 1, adopted
Sept. 11, 2006; Ord. No. 90-06-196, § 1, adopted Nov. 13, 2006; Ord. No. 90-06-197, § 1,
adopted Dec. 11, 2006; Ord. No. 90-07-198, § 1, adopted Jan. 8, 2007; Ord. No. 90-07-199,
§ 1(Exh. A), adopted April 23, 2007; Ord. No. 90-07-200, §§ 1 and 2(Exh. A), adopted July 9,
2007; Ord. No. 90-07-201, § 1(Exh. A), adopted Aug. 13, 2007; Ord. No. 90-08-203, § 1(Exh.
A), adopted March 24, 2008; Ord. No. 90-08-206, §§ 1(b) and (c), adopted Aug. 25, 2008; Ord.
No. 90-09-208, § 1, adopted Sept. 14, 2009; Ord. No. 90-09-210, § 1, adopted Sept. 28, 2009;
and Ord. No. 90-09-211, § 1, adopted Oct. 26, 2009. See Code Comparative Table for
complete history derivation.
Cross references -Any ordinance amending the zoning map saved from repeal, § 1-5(9);
buildings and building regulations, Ch. 6; flood hazard areas, Ch. 8; mobile homes and
recreational vehicles, Ch 10; planning/zoning appeals, Ch. 14; signs and advertising
structures, Ch. 17; streets, sidewalks and other public places, Ch. 19.
State law reference -Local Government Comprehensive Planning Act, F.S. § 163.3161
et seq.
Supp. No. 44 1403
ATLANTIC BEACH CODE
Sec. 24-47. Community development board.
Sec. 24-48. Community development director.
Sec. 24-49. Appeals.
Sec. 24-50. Vested rights.
Sec. 24-51. Public hearings and required notice.
Secs. 24-52-24-60. Reserved.
Division 3. Application Procedures
Sec. 24-61. Amendment and repeal.
Sec. 24-62. Change in zoning district classification.
Sec. 24-63. Use -by -exception.
Sec. 24-64. Variances.
Sec. 24-65. Development, construction and storage within zoning districts.
Sec. 24-66. Stormwater, drainage, storage and treatment requirements.
Sec. 24-67. Development review and issuance of development permits.
Sec. 24-68. Land clearing and alteration of site grade or topography.
Sec. 24-69. Fees.
Secs. 24-70-24-80. Reserved.
Division 4. General Provisions and Exceptions
Sec. 24-81. Rules for determining boundaries.
Sec. 24-82. [General restrictions upon land, buildings and structures.]
Sec. 24-83. Required yards and permitted projections into required yards.
Sec. 24-84. Double frontage lots.
Sec. 24-85. Nonconforming lots, uses and structures.
Sec. 24-86. Special treatment of lawfully existing residential uses affected by future
amendments to the official zoning map or the land development regulations.
Sec. 24-87. Replacement of lawfully existing residential uses including those damaged or
destroyed by hre, weather related or other unintended acts.
Sec. 24-88. Design and construction standards for two-family (duplex) dwellings and
townhouse units.
Sec. 24-89. Garage apartments (as allowed in combination with private garages).
Secs. 24-90-24-100. Reserved.
Division 5. Establishment of Districts
Sec. 24-101. Intent and purpose.
Sec. 24-102. Zoning districts established.
Sec. 24-103. Conservation district (CON).
Sec. 24-104. Residential, single -family -Large lot district (RS -1).
Sec. 24-105. Residential, single-family district (RS -1).
Sec. 24-106. Residential, single-family district (RS -2).
Sec. 24-107. Residential, two-family district (RG).
Sec. 24-108. Residential, multi -family district (RG -M).
Sec. 24-109. Commercial, professional office (CPO).
Sec. 24-110. Commercial limited district (CL).
Sec. 24-111. Commercial general districts (CG).
Sec. 24-112. Light industrial and warehousing districts (LIW).
Sec. 24-113. Special purpose district (SP).
Supp. No. 44 1404
LAND DEVELOPMENT REGULATIONS
Sec. 24-114. Central business district (CBD).
Sec. 24-115. Reserved.
Division 6. Special Planned Area District (SPA)
Sec. 24-116. Purpose and intent.
Sec. 24-117. Special planned area district defined.
Sec. 24-118. Special planned area district required.
Sec. 24-119. Permitted uses and site requirements.
Sec. 24-120. Process for rezoning to special planned area district.
Sec. 24-121. Development standards and criteria.
Sec. 24-122. Master site development plan required.
Sec. 24-123. Platting.
Sec. 24-124. Modifications to previously approved special planned area districts or master
site development plans or planned unit developments (PUD).
Sec. 24-125. Expiration of time limits provided in ordinance.
Sec. 24-126. Effect on previously approved planned unit developments (PUDs).
Secs. 24-127-24-150. Reserved.
Division 7. Supplementary Regulations
Sec. 24-151. Accessory uses and structures.
Sec. 24-152. Child care.
Sec. 24-153. Churches.
Sec. 24-154. Outdoor display, sale and storage of furniture, household items, merchandise
and business activities outside of enclosed buildings.
Sec. 24-155. Establishments offering live entertainment.
Sec. 24-156. Exceptions to height limitations.
Sec. 24-157. Fences, walls and similar structures.
Sec. 24-158. Dog -friendly restaurants.
Sec. 24-159. Home occupations.
Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above -ground
tanks
Sec. 24-161. Off-street parking and loading.
Sec. 24-162. Parking lots.
Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles and
equipment and repair of vehicles in residential zoning districts.
Sec. 24-164. Swimming pools.
Sec. 24-165. Gas stations.
Sec. 24-166. Signs.
Sec. 24-167. Required buffers between residential and nonresidential uses.
Sec. 24-168. Land clearing, tree removal or damage to existing trees and vegetation.
Sec. 24-169. Pharmacies and medical marijuana treatment center dispensing facilities.
Sec. 24-170. Reserved.
Sec. 24-171. Commercial corridor development standards.
Sec. 24-172. Residential development standards.
Sec. 24-173. Neighborhood preservation and property maintenance standards.
Sec. 24-174. Boats and watercraft.
Sec. 24-175. Mayport business overlay district.
Supp. No. 44 1404.1
ATLANTIC BEACH CODE
Division 8. Landscaping
Sec. 24-176. Definitions.
Sec. 24-177. Applicability; requirements; buffer design standards; maintenance; protec-
tion and visibility.
Division 9. Florida -Friendly Landscaping and Landscape Irrigation
Sec. 24-178. Purpose and intent.
Sec. 24-179. Florida -friendly landscaping defined.
Sec. 24-180. Definitions.
Sec. 24-181. [General provisions.]
Division 10. Florida -Friendly Use of Fertilizer on Urban Landscapes
Sec. 24-182. [Florida -friendly use of fertilizer on urban landscapes.]
Secs. 24-183-24-185. Reserved.
Article IV. Subdivision and Site Improvement Regulations
Division 1 Generally
Sec. 24-186. Purpose and intent.
Sec. 24-187. Subdivision and subdivision improvements defined.
Sec. 24-188. Requirements for approval and recording of a final subdivision plat or a
replat.
Sec. 24-189. Exemptions from the requirement for approval and recording of a final
subdivision plat or replat.
Sec. 24-190. Multiple lots and parcels treated as a single development parcel.
Sec. 24-191. Waiver.
Sip 94-199 Varatinn of nrnv niialy rnrnrdr.d n1atS
Secs. 24-193-24-200. Reserved.
Division 2. Application Procedure
Sec. 24-201. General requirements.
Sec. 24-202. Review and approval procedure.
Sec. 24-203. Review of proposed plat or changes to a previously recorded plat.
Sec. 24-204. Proposed plat review and approval.
Secs. 24-205-24-220. Reserved.
Division 3. Required Improvements
Sec. 24-221. Generally.
Secs. 24-222-24-230. Reserved.
Division 4. Assurance for Completion and Maintenance of Improvements
Sec. 24-231. Commencement of construction.
Sec. 24-232. Performance security.
Sec. 24-233. Maintenance security.
Sec. 24-234. Inspections.
Supp. No. 44 1404.2
LAND DEVELOPMENT REGULATIONS
Sec. 24-235. Issuance of certificate of completion.
Secs. 24-236-24-250. Reserved.
Division 5. Design and Construction Standards
Sec. 24-251. General requirements.
Sec. 24-252. Streets.
Sec. 24-253. Driveways.
Sec. 24-254. Easements.
Sec. 24-255. Blocks.
Sec. 24-256. Lots.
Sec. 24-257. Provision for required recreation.
Sec. 24-258. Required monumentation.
Sec. 24-259. Clearing and grading of rights-of-way.
Sec. 24-260. Centralized sewer and water services.
Sec. 24-261. Installation of septic tanks, private wastewater, and onsite sewage treatment
and disposal systems.
Article V. Environmental and Natural Resource Regulations
Division 1. Wellhead Protection
Sec. 24-262. Purpose and intent.
Sec. 24-263. Definitions.
Sec. 24-264. Establishing and mapping wellhead protection areas.
Sec. 24-265. Investigations and monitoring.
Sec. 24-266. Prohibitions in wellhead protection areas.
Sec. 24-267. Requirements within wellhead protection areas.
Sec. 24-268. Notice of release or spill of contaminants in wellhead protection areas.
Sec. 24-269. Authority and responsibilities of the city.
Division 2. Protection of Wetland, Marsh and Waterway Resources
Sec. 24-270. Purpose and intent.
Sec. 24-271. Definitions.
Sec. 24-272. Environmental assessment and protection of wetlands and environmentally
sensitive areas.
Article VI. Concurrency Management System
Division 1. Concurrency Management System
Sec. 24-273. Purpose and intent.
Sec. 24-274. Administrative responsibility.
Sec. 24-275. Applicability.
Sec. 24-276. Projects not requiring a concurrency certificate.
Sec. 24-277. Application and review and approval requirements.
Sec. 24-278. Timing and completion of required public facility improvements.
Sec. 24-279. Capacity and level of service inventory.
Supp. No. 44 1404.3
LAND DEVELOPMENT REGULATIONS § 24-17
Buildable area shall mean that portion of a parcel which may be constructed upon in
accordance with the provisions of this chapter and any other restrictions of city Code,
applicable state or federal regulations or a recorded subdivision plat. Unless otherwise
provided for within any such restriction, buildable area shall exclude building setbacks,
utility and drainage easements, stormwater facilities, wetlands and lands seaward of the
coastal construction control line.
Building shall mean a structure designed or built for support, enclosure, shelter or
protection of persons, animals or property of any kind. Building shall include any structure
constructed or used for a residence, business, industry or other private or public purpose,
including buildings that are accessory to such uses, provided such buildings are in
compliance with the Florida Building Code.
Building permit shall mean any permit, which authorizes the commencement of construc-
tion in accordance with the construction plans or site plans approved by the city under the
provisions of this chapter and other applicable federal, state and local regulations.
Building, principal shall mean a building within which is conducted the principal use of
the lot or property upon which the building is situated.
Building setback shall mean the minimum required horizontal distance between the front,
rear or side property lines of the lot and the front, rear or sides of the building. When two (2)
or more lots under single or unified ownership are developed as a single development parcel,
the exterior lot lines of the combined parcel(s) shall be used to determine required building
setbacks. Building setback and building restriction line may have the same meaning and
may be used interchangeably where such lines are recorded on a final subdivision plat.
Building restriction line (BRL) shall mean the line(s) extending across the front, sides
and/or rear of the property, as depicted on a platted lot of record. Buildings shall be
contained within building restriction lines. Building restriction lines, which may require a
greater building setback than the minimum yard requirement of the applicable zoning
district, and which have been recorded upon a final subdivision plat approved and accepted
by the city, shall be enforceable by the city.
Car wash shall mean a facility used principally for the cleaning, washing, polishing or
waxing of motor vehicles, but shall not include any type of repair or servicing of motor
vehicles or the dispensing of automotive fuels. Any parcel containing a car wash shall be
located a minimum of one hundred (100) feet from the lot line (measured from the parcel line
to the nearest parcel line) of any parcel that is residentially zoned and shall be treated as a
vehicle use area requiring landscaping in accordance with article III, division 8 of this
chapter.
Cemetery shall mean land used or intended to be used for the burial of animal or human
dead and dedicated for cemetery purposes, including mausoleums and mortuaries, if
operated in connection with and within the boundaries of such cemetery.
Supp. No. 44 1409
§ 24-17 ATLANTIC BEACH CODE
Certificate of occupancy or certificate of completion shall mean that certificate issued by
the City of Atlantic Beach subsequent to final inspection by the building official verifying
that all improvements have been completed in conformance with the requirements of this
chapter, any final subdivision plat, and the approved construction plans and the Florida
Building Code.
Certified survey shall mean a survey, sketch plan, map or other exhibit containing a
written statement regarding its accuracy or conformity to specified standards certified and
signed by the registered surveyor under whose supervision said survey was prepared.
Certified survey is inclusive of all types of surveys as may be required by these land
development regulations.
Change of use shall mean discontinuance of an existing use and the substitution of a
different use as classified by these land development regulations. In the case of question
regarding use, such use shall be determined based upon the Standard Industrial Classifica-
tion (SIC) Code Manual issued by the United States Office of Management and Budget.
Child care means the care, protection, and supervision of a child, for a period of less than
twenty-four (24) hours per day, on a regular basis, which supplements parental care,
enrichment, and health supervision for the child, in accordance with his individual needs,
and for which a payment, fee, or grant is made for such care. Child care provided within
private homes shall be limited to care of not more than five (5) children, unrelated to the
operator, within a single time period, and shall be licensed and operated in accordance with
all applicable requirements of the Florida Department of Children and Families and section
24-152 of this chapter.
0,1'114 .,.`ire facility ,shall i.acYuue childc..� c.`R..ry centers, ua`y' nurseries, 'Kindergartens, and any
child care arrangement, which provides child care for more than five (5) children unrelated
to the operator, and which receives a payment, fee, or grant for any of the children receiving
care, wherever operated, and whether or not operated for profit. This definition shall not
include family day care home.
Church shall mean a building used for nonprofit purposes by a recognized or established
religion as its place of worship. A single residential dwelling unit for occupancy by the pastor
or minister and their families may be located within the church or on the same property as
the church. Ancillary recreational and fundraising activities such as bingo nights are
permitted.
City shall mean the City of Atlantic Beach.
Clinic shall mean an establishment where patients, who are not kept overnight, are
admitted for examination and treatment by one (1) person or a group of persons practicing
any form of healing or health services to individuals, whether such persons be medical
doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists; dentists or any
such profession, the practice of which is lawful in the State of Florida.
Supp. No. 44 1410
LAND DEVELOPMENT REGULATIONS § 24-17
Club shall mean a privately owned establishment owned and operated by a corporation or
association of persons for social or recreational purposes, but not operated primarily for
profit or to render a service or product, which is customarily carried on as a business.
Ancillary recreational and fundraising activities such as bingo nights are permitted.
Coastal construction control line (CCCL) shall mean the line as determined by the Florida
Department of Environmental Protection (FDEP), and regulated under authority of the
Beach and Shore Preservation Act, Chapter 161, Florida Statutes, which is administered by
the FDEP.
Code shall mean the Municipal Code of Ordinances for the City of Atlantic Beach, Florida.
Community center shall mean a facility available for public use, which may be used for
recreation activities, meetings and social gatherings, and also for government, cultural, civic
or similar type activities.
Comprehensive plan shall mean the local government comprehensive plan, which was
adopted by the city commission pursuant to the Local Government Comprehensive Planning
and Land Development Regulation Act, consistent with Chapter 163, Florida Statutes, and
which serves as the legal guideline for the future development of the city. Pursuant to
Section 163.3194(1)(b), Florida Statutes, in the case of any inconsistency between the
provisions of this chapter and the comprehensive plan, the comprehensive plan shall prevail.
Construction plans shall mean the construction and engineering drawings, specifications,
tests and data necessary to show plans for construction of the proposed improvements to
land, and shall be in sufficient detail to permit evaluation of the proposals.
Convenience store for the purposes of this chapter shall mean an establishment of no less
than two thousand (2,000) square feet and no more than five thousand (5,000) square feet of
conditioned space used for the retail sale of consumable goods and may include sit-down
restaurant areas.
Corner lot. See "Lot, corner."
Covenants shall mean various forms of private agreements and deed restrictions recorded
in the public records that restrict the use of private property. Such agreements are private
contractual arrangements, and the city has no authority or obligation to monitor or enforce
such agreements, but where these land development regulations impose a greater restriction
on the use and development of land, the provisions of these regulations shall govern. The
term "covenants" shall include restrictive covenants, and other similar terms used to
describe such private agreements.
Density shall mean the number of residential dwelling units permitted per acre of land, or
portion thereof, exclusive of rights-of-way, canals and drainage ditches, lakes, rivers and
jurisdictional wetlands or lands seaward of the coastal construction control line. Allowable
density shall be established by the comprehensive plan, as may be amended.
Supp. No. 44 1411
§ 24-17 ATLANTIC BEACH CODE
Development and redevelopment shall be defined according to Section 380.04, Florida
Statutes, as follows:
(a) Development means the carrying out of any building or mining operation or the
making of any material change in the use or appearance of any structure or land and
the dividing of land into more than two (2) parcels.
(b) The following activities or uses shall be taken for the purposes of this chapter to
involve development, as defined in this section:
(1) A reconstruction, alteration of the size or material change in the external
appearance of a structure on land.
(2) A change in the intensity of use of land, such as an increase in the number of
dwelling units in a structure or on land or a material increase in the number of
businesses, manufacturing establishments, offices or dwelling units in a
structure or on land.
(3) Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal,
including any coastal construction, as defined in Section 161.021, Florida
Statutes.
(4) Commencement of drilling, except to obtain soil samples, mining or excavation
on a parcel of land.
(5) Demolition of a structure.
(6) Clearing of Land as an adjunct of construction.
(7) Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(c) The following operations or uses shall not be taken for the purposes of this chapter
to involve development as defined in this section:
(1) Work by highway or road agency or railroad company for the maintenance or
improvement of a road or railroad track, if the work is carried out on land
within the boundaries of the right-of-way.
(2) Work by a utility and/or other person engaged in the distribution or transmis-
sion of gas or water, for the purpose of inspecting, repairing, renewing or
construction on established rights-of-way, any sewers, mains, pipes, cables,
utility tunnels, power lines, towers, poles, tracks or the like.
(3) Work for maintenance, renewal, improvement or alteration of any structure, if
the work affects only the interior or the color of the structure or the decoration
of the exterior of the structure.
(4) The use of any structure or land devoted to dwelling uses for any purpose
customarily incidental to enjoyment of the dwelling.
(5) A change in the ownership or form of ownership of any parcel or structure.
(6) The creation or termination of rights of access, riparian rights, easements,
covenants concerning development of land or other rights in land.
Supp. No. 44 1412
LAND DEVELOPMENT REGULATIONS § 24-17
Development parcel or development site shall mean the contiguous or adjacent lands, lots
or parcels for which a unified development project is proposed.
Development permit shall include any building permit, variance, use -by -exception, site
plan, plat or subdivision approval, rezoning, or other official action of the City of Atlantic
Beach, which shall permit the use or development of land upon proper issuance of said
permit.
Development project shall mean a unified development constructed or reconstructed on
contiguous lands.
District shall mean zoning district classifications as established by the official zoning map
and as set forth within division 5 of this chapter.
Dual rear wheel vehicle shall mean a motor truck, trailer, semitrailer or tractor/trailer
combination with a load capacity in excess of two (2) tons, used for commercial/private use
and used as a means of transporting persons or property over the public street of the city and
propelled by power other than muscular power which have more than or are designed to have
more than four (4) weight-bearing wheels, except that a dual rear wheel pick-up truck not
used for commercial purposes or recreation vehicle shall not be deemed to constitute a dual
rear wheel vehicle. A public service vehicle used for emergencies shall not be deemed to
constitute a dual rear wheel vehicle.
Duplex. See "Dwelling, two-family."
Dwelling unit shall mean a single unit providing complete independent living facilities for
one (1) family as defined herein, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
Dwelling, multifamily shall mean a residential building designed for or occupied
exclusively by three (3) or more families, with the number of families in residence not
exceeding the number of dwelling units provided.
Dwelling, single-family shall mean a building containing one (1) dwelling unit, and not
attached to any other dwelling unit by any means, and occupied by one (1) family only.
Dwelling, two-family (duplex) shall mean a residential building containing two (2)
dwelling units designed for or occupied by two (2) families, with the number of families in
residence not exceeding one (1) family per dwelling unit.
Easement shall mean a grant from a property owner or public agency for the use of land
for a specific purpose or purposes by the general public or a public agency, by a corporation
or by certain person(s).
Eaves and cornices shall mean typical projections, overhangs or extensions from the roof
structure of a building. Eaves and cornices shall not project beyond forty-eight (48) inches
into required front and rear yards. Eaves and cornices shall not project into required side
yards beyond twenty-four (24) inches.
Supp. No. 44 1413
§ 24-17 ATLANTIC BEACH CODE
Electric charging station shall mean a parking space or portion of a property containing a
device used to transmit electricity to the batteries of motor vehicles.
Elevation certificate shall mean a survey of the elevation of the lowest finished floor and
adjacent ground in the local floodplain datum as required by Federal Emergency Manage-
ment Agency (FEMA). Elevation certificates shall be prepared and certified by a land
surveyor, engineer, or architect who is authorized by commonwealth, state, or local law to
certify elevation information.
Environmentally sensitive areas shall include lands, waters or areas within the City of
Atlantic Beach which meet any of the following criteria:
(a) Wetlands determined to be jurisdictional, and which are regulated by the Florida
Department of Environmental Protection (FDEP) and the St. Johns River Water
Management District (SJRWIVID);
(b) Estuaries or estuarine systems;
(c) Outstanding Florida waters and natural water bodies;
(d) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348),
and those beach and dune areas seaward of the coastal construction control line;
(e) Areas designated as conservation by the future land use map;
(f) Essential habitat to listed species as determined by approved methodologies of the
Florida Fish and Wildlife Conservation Commission, the Department of Agriculture
and Consumer Services, and the U.S. Fish & Wildlife Service.
Family shall mean one (1) or more persons, related by blood, adoption or marriage, living
and cooking together as a single housekeeping unit, exclusive of household servants and
minor children under the age of eighteen (18). Persons living and cooking together in a
domestic relationship and as an integrated single housekeeping unit, though not related by
blood, adoption or marriage, shall be deemed to constitute a family, provided that such
alternative definition of family shall not exceed two (2) persons over the age of eighteen (18).
The term "family" shall not be construed to mean fraternities, sororities, clubs, convents or
monasteries, or other types of institutional living arrangements.
Family day care home shall mean as defined by state law. (See also "Group care home.")
Pursuant to Section 166.0445, Florida Statutes, the operation of a residence as a family day
care home registered and licensed with the Department of Children and Family Services or
other licensing agency shall constitute a permitted residential use and shall not require
approval of a use -by -exception.
Fence shall mean any horizontal structure constructed of wood, vinyl, lattice, masonry,
fence wire, metal or similar materials for the purpose of enclosing, screening or separating
land. Open frames, open trellises, or similar open landscape fixtures, designed solely to
support landscaping and plant materials shall not be construed as a fence, but shall comply
with applicable regulations for such features as set forth within section 24-157 of this
chapter.
Supp. No. 44 1414
LAND DEVELOPMENT REGULATIONS § 24-17
Finished floor elevation (FFE) shall mean the surface elevation of the lowest finished floor
of a building. Minimum required finished floor elevation is established by the FEMA
insurance rate map (FIRM) and expressed as the minimum elevation of the top of the first
floor of a building. Minimum FFE within the City of Atlantic Beach is eight and one-half
(8.5) feet above mean sea level (see also subsection 24-82(k)).
Floor area shall mean the sum of the horizontal areas of all floors of a building or
buildings, measured from exterior faces of exterior walls or from the center line of walls
separating two (2) attached buildings.
Foster home shall mean any establishment or private residence that provides 24-hour care
for more than three (3) children unrelated to the operator and which receives a payment, fee
or grant for any of the children receiving care, and whether or not operated for profit.
Freeboard is a factor of safety expressed in feet above the base flood elevation (BFE).
Within the City of Atlantic Beach, required freeboard is two and one-half (2.5) feet.
Fuel pump shall mean fixed equipment that dispenses flammable or combustible liquids
or gases used as fuel in motor vehicles, typically designed as a single unit capable of
dispensing fuel to two (2) motor vehicles at the same time.
Future land use, as used in this chapter, shall mean the future land use as designated by
the adopted comprehensive plan future land use map, as may be amended.
Garage apartment shall mean a dwelling unit for not more than one (1) family, which is
combined with a private garage, allowed only as set forth within section 24-88. A garage
apartment shall not be leased or rented for periods of less than ninety (90) consecutive days.
Only one (1) garage apartment shall be allowed on a residential lot, subject to the provisions
of section 24-88.
Garage, apartment building shall mean a building, designed and intended to be used for
the housing of vehicles, belonging to the occupants of an apartment building on the same
property.
Garage, private shall mean a detached residential accessory structure or a portion of the
principal building used as a work or hobby space, for recreation or leisure activities, or for
the storage of motor vehicles and personal property belonging to the occupants of the
principal building. A private garage may contain sleeping quarters, electrical service and
plumbing, but shall not contain a kitchen and shall not be converted to or used as a dwelling
unit. No home occupation shall be conducted with a private garage, unless approved in
accordance with the provisions of section 24-159. A carport shall be considered as a private
garage (see subsection 24-151(b)(1)d.).
Garage, public shall mean a building or portion thereof, other than a private garage,
designed or used for the parking, storage and hiring of motor vehicles. Public garages shall
be permitted only within commercial and industrial zoning districts.
Garage sale shall mean a temporary event for the sale of personal property in, at or upon
any residentially zoned property, or upon any commercially zoned property independent of
Supp. No. 44 1415
§ 24-17 ATLANTIC BEACH CODE
any business licensed under this Code to conduct retail sales upon such property. Garage
sales shall include, but not be limited to, the advertising of the holding of any such sale, or
the offering to make any such sale, whether made under any other name such as yard sale,
front yard sale, back yard sale, home sale, patio sale, rummage sale.
Gas station shall mean establishments used for the retail sale of gasoline, diesel, propane,
hydrogen or other fuels intended for use in motor vehicles.
Government use shall mean the use of lands owned by the federal, state or local
government used for a purpose, which is related to governmental functions. Any lawful
activity is permitted without restriction. Any lands used by a government, which are
converted to private ownership, shall comply with the requirements of the particular zoning
district classification and the comprehensive plan.
Grade, calculated average shall mean the average elevation of a site, calculated prior to
development or redevelopment of a site or any future topographic alteration of a site. The
calculated average grade shall be used for determination of the maximum allowable height
of building on parcels that have topographical variation of more than two (2) feet as
demonstrated by a certified topographical survey and for all oceanfront parcels. This
average elevation shall be determined by the mathematical average of elevation points
dispersed at approximately ten -foot equidistant intervals across the buildable area of a
parcel.
For sites where natural topography has been previously altered or where existing structures
remain, the same method shall be used excluding areas where existing structures remain.
Where required, the certified Calculated Average Grade Survey shall be submitted with
Construction Plans, and the Calculated Average Grade shall be depicted on all exterior
elevation sheets of the Construction Plans. See definition of Certified Survey for require-
ments.
Note: Alteration of topography for the sole purpose of achieving greater height of building is
prohibited. See also following definition for "Established grade."
Grade, established shall mean the elevation of a site after any duly authorized and
approved fill, excavation or topographic alterations have been completed. Except as required
to meet coastal construction codes as set forth within a valid permit from the Florida
Department of Environmental Protection; or as required to meet applicable flood zone or
stormwater regulations, the grade, elevation or topography of a parcel, development or
redevelopment site shall not be altered.
Group care home shall mean any properly licensed dwelling, building or other place,
whether operated for profit or not, where adult (age eighteen (18) or older) or elder care for
a period exceeding twenty-four (24) hours is provided and involves one (1) or more personal
services for persons not related to the owner or administrator by law, blood, marriage or
adoption, and not in foster care, but who require such services. The personal services, in
addition to housing and food services may include, but not be limited to, personal assistance
Supp. No. 44 1416
LAND DEVELOPMENT REGULATIONS § 24-17
with bathing, dressing, housekeeping, adult supervision, emotional security, and other
related services but not including medical services other than distribution of prescribed
medicines.
Guest house or guest quarters shall mean a building or portion therein used only for
intermittent and temporary occupancy by a nonpaying guest or family member of the
occupant of the primary residence. A guest house or guest quarters shall not be converted to
or used as a permanent dwelling unit, shall not be rented for any period of time and shall not
contain a kitchen, but may contain a kitchenette as defined herein.
Height of building shall mean the vertical distance from the applicable beginning point of
measurement to the highest point of a building's roof structure or parapet, and any
attachments thereto, exclusive of chimneys. The appropriate method of determining the
maximum allowable height of building shall be used in accordance with the following:
(a) Parcels within designated special flood hazard areas as delineated on the Federal
Emergency Management Agency (FEMA) flood insurance rate map (FIRM) shall use
the required finish floor elevation as the beginning point of measurement.
(b) Parcels that are not located within a designated flood hazard zones and which have
topographic variation of less than two (2) feet as demonstrated by a certified
topographical survey shall use the highest established grade as the beginning point
of measurement. Alternatively, property owners may use the calculated average
grade method if preferred.
(c) Regardless of flood zone designation, parcels with topographic variation of more than
two (2) feet as demonstrated by a certified survey of topography, including all ocean
front parcels, shall provide a certified survey of the calculated average grade, and the
calculated average grade shall be used as the beginning point of measurement,
excepting those parcels where the only topographical variation is a city -maintained
drainage easement where the method described in preceding subsection (b) shall be
used.
(d) Single -story construction where height of building is clearly below the maximum
permitted height shall not be required to provide a certified survey of the calculated
average grade, but shall provide the height of building as measured from the
established grade on the elevation sheets of construction plans.
Home occupation shall mean any use conducted entirely within a dwelling and carried on
by an occupant thereof, which use is clearly incidental and secondary to the principal use of
the dwelling for residential purposes and does not change the residential character thereof.
Home occupations shall be allowed only in accordance with the requirements of section
24-159.
Home office shall mean a business activity consisting only of a private office to be used by
the occupant of the home, which is entirely located within a residential structure and does
not involve any daily on -premises contact with customers or clients. A home office shall be
clearly incidental and accessory to the residential use of the property, and shall not involve
Supp. No. 44 1417
§ 24-17 ATLANTIC BEACH CODE
any employees, commercial signage, manufacturing or storage of products or materials, or
the use of any equipment other than normal office equipment and shall not create any
additional daily traffic. Home offices shall be a permitted accessory use in all residential
zoning districts.
Hospital shall mean any institution or clinic, which maintains and operates facilities for
overnight care and treatment of two (2) or more unrelated persons as patients suffering
mental or physical ailments, but not including any dispensary or first-aid treatment
facilities maintained by a commercial or industrial plant, educational institution, convent or
convalescent home or similar institutional use.
Hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court shall mean a
building, or portion of a building, containing individual guest rooms or guest accommoda-
tions for which rental fees are charged for daily or weekly lodging. This definition shall not
include private homes leased for periods exceeding ninety (90) days.
Impervious surface shall mean those surfaces that prevent the entry of water into the soil.
Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas,
driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any
surfacing material with a base or lining of an impervious material. Wood decking elevated
two (2) or more inches above the ground shall not be considered impervious provided that the
ground surface beneath the decking is not impervious. Pervious areas beneath roof or
balcony overhangs that are subject to inundation by stormwater and which allow the
percolation of that stormwater shall not be considered impervious areas. Swimming pools
shall not be considered as impervious surfaces because of their ability to retain additional
rainwater, however, decking around a pool may be considered impervious depending upon
materials used. Surfaces using pervious concrete or other similar open grid paving systems
shall be calculated as fifty (50) percent impervious surface, provided that no barrier to
natural percolation of water shall be installed beneath such material. Open grid pavers must
be installed on a sand base, without liner, in order to be considered fifty (50) percent
impervious. Solid surface pavers (e.g., brick or brick appearing pavers as opposed to open
grid pavers) do not qualify for any reduction in impervious area, regardless of type of base
material used. Unless otherwise and specifically provided for in these land development
regulations, or within another ordinance, or by other official action establishing specific
impervious surface limits for a particular lot or development project, the fifty (50) percent
impervious surface limit shall be the maximum impervious surface limit for all new
residential development and redevelopment. In such cases where a previously and lawfully
developed residential lot or development project exceeds the fifty (50) percent limit,
redevelopment or additions to existing residential development shall not exceed the
pre -construction impervious surface limit, provided the stormwater and drainage require-
ments of section 24-66 are met.
Improvements shall include, but not be limited to, street pavements, curbs and gutters,
sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations,
Supp. No. 44 1418
LAND DEVELOPMENT REGULATIONS § 24-17
storm sewers or drains, street names, signs, street lights, landscaping, monuments, or any
other improvement as may be required by the city commission or these land development
regulations.
Institutional use shall mean the structure or land occupied by a group, cooperative, board,
agency or organization created for the purpose of carrying on functions, such as hospitals,
schools, churches, fraternal orders, orphanages, assisted living facilities, and nursing,
convalescent or elder care homes.
Junk yard. See "Salvage yard."
Kennel, pet shall mean facilities for the keeping of any pet or pets, regardless of number,
for sale or for breeding, boarding or treatment purposes. This shall not include, veterinary
clinics, animal grooming parlors or pet shops.
Kitchen shall mean an area of a building permanently equipped for food storage,
preparation, or cooking.
Kitchenette shall mean an area within a building containing limited kitchen facilities such
as a bar sink, microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet.
Land shall mean the earth, water and air, above or below, or on the surface, and includes
any improvements or structures customarily regarded as part of the land.
Land development regulations, as used within this Code, shall have the same meaning as
defined in Section 163.3164, Florida Statutes and shall include zoning, subdivision, building
and construction and other regulations controlling the use and development of land.
Landscaping shall mean any of the following or combination thereof: Living materials,
such as but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and
nonliving durable materials commonly used in landscaping, such as but not limited to, rocks,
pebbles, sand, walls, fences, berms, sculptures and fountains, but excluding paving.
Laundromat, self-service shall mean a business that provides noncommercial clothes
washing and drying or ironing machines to be used by customers on the premises.
Live entertainment includes, but is not limited to, singers, pianists, musicians, musical
groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers,
comedians and all fashions, forms and media of entertainment carried on and conducted in
the presence of and for the entertainment and amusement of others and as distinguished
from records, tapes, pictures and other forms of reproduced or transmitted entertainment.
Live entertainment, as used within these land development regulations, shall not include
adult entertainment establishments as defined by Section 847.001(2), Florida Statutes.
Loading space shall mean a space within the main building or on the same property,
providing for the standing, loading or unloading of trucks or other motor vehicles,
constructed consistent with the requirements of this chapter.
Supp. No. 44 1419
§ 24-17 ATLANTIC BEACH CODE
Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted
within this chapter and having its required frontage upon a street right-of-way or permanent
easement, and as may be defined in Chapter 177, Florida Statutes.
Lot area shall mean the area formed by the horizontal plane within the lot lines.
Lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or
at a street corner having an interior angle not greater than one hundred thirty-five (135)
degrees. The exterior lot line of the narrowest side of the lot adjoining the street shall be
considered the front of the lot. The exterior lot line of the longest side of the lot abutting the
street shall be considered as a side of the lot and shall have a minimum required side yard
of ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard
requirements of the zoning district in which the property is located.
Lot depth shall mean the distance measured from the middle point of the front lot line to
the middle point of the opposite rear lot line.
Lot line shall mean the legal boundary of a lot as established by a certified land survey.
Lot of record shall mean:
(a) A lot that is part of a documented subdivision, the map of which has been recorded
in the office of the clerk of the circuit court; or
(b) A lot or parcel of land described by metes and bounds, the description of which has
been recorded in the office of the clerk of the circuit court, consistent with and in
compliance with land development regulations in effect at the time of said recording.
Lot width shall mean the mean horizontal distance between the side lot lines, measured
at right angles to its depth.
Marina shall mean an establishment with a waterfront location for the purpose of storing
water craft and pleasure boats on land, in buildings, in slips or on boat lifts, and including
accessory facilities for purposes such as refueling, minor repair and launching.
Mean high water shall mean the average height of the high waters over a 19 -year period
or for shorter periods of observations; the average height of the high waters after corrections
are applied to eliminate known variations and to reduce the result to the equivalent of a
mean 19 -year value, as defined in Chapter 253, Florida Statutes.
Mean sea level (MSL) [shall mean] a national standard reference datum for elevations, it
is the average height of the sea for all stages of the tide, usually determined from hourly
height observations over a 19 -year period on an open coast or in adjacent waters having free
access to the sea; formerly referred to as "mean sea level (MSL) of 1929," as elevations were
historically related to the National Geodetic Vertical Datum of 1929 (NGVD); however,
national map modernization initiatives now typically relate elevations to the more accurate
North American Vertical Datum of 1988 (NAVD). Applicable datum (NGVD or NAVD)
should be noted on all maps, surveys.
Supp. No. 44 1420
LAND DEVELOPMENT REGULATIONS § 24-17
Medical marijuana treatment center means a facility licensed by the Florida Department
of Health that can cultivate, process, transport or dispense marijuana or marijuana related
products in accordance with F.S. § 381.986, as amended.
Medical marijuana treatment center dispensing facility means a facility licensed and
operated for the purpose of dispensing medical marijuana, in accordance with F.S. §
381.986, and all other applicable local and state rules, regulations and statutes.
Mini -warehouses shall include all those businesses commonly known as mini -warehouses,
which shall be utilized for the sole purpose of storage of tangible personal property. No
business activity shall be conducted within mini -warehouses.
Mixed use shall mean a development or redevelopment project containing a mix of
compatible uses intended to support diversity in housing, walkable communities and a need
for less automobile travel and a more efficient use of land. Uses within a particular mixed
use project shall be consistent with the land use designations as set forth within the
comprehensive plan.
Mobile home shall mean a structure, transportable in one (1) or more sections, which is
eight (8) feet or more in width and which is built on an integral chassis and designed to be
used as a dwelling when connected to the required utilities including plumbing, heating, air
conditioning, and electrical systems.
Nonconforming lot of record shall mean a lot of record containing less than the minimum
site area, site dimensions or other site requirements of the applicable zoning district, or
which is not in compliance with the provisions of other currently effective land development
regulations, as may be lawfully amended, but which was legally recorded and documented
prior to the effective date of such land development regulations (see "Lot" and "lot of record").
Nonconforming structure shall mean a structure or building or portion thereof, which does
not conform with the land development regulations applicable to the zoning district in which
the structure is located, but which was legally established prior to the effective date of such
land development regulations.
Nonconforming use shall mean the use of a structure or building or portion thereof, or land
or portion thereof, which does not conform with the land development regulations and / or
comprehensive plan future land use map designation applicable to the lands in which the use
is located, but which was legally established prior to the effective date of such land
development regulations or comprehensive plan.
Occupied includes designed, built, altered, converted to or intended to be used or occupied.
Office use shall mean customary administrative functions associated with a business and
uses involving professional services conducted within the business that do not involve
on -premises production, manufacture, storage or retail sale of products.
Open space shall mean an area open to the sky, which may be on the same lot with a
building. The area may include, along with the natural environmental features, landscaping
Supp. No. 44 1421
§ 24-17 ATLANTIC BEACH CODE
elements, stormwater retention facilities, swimming pools, tennis courts, or similar open air
recreational facilities. Streets, structures and screened or impervious roofed structures shall
not be allowed in required open space.
Parcel shall mean a tract of land, which may be described by metes and bounds or by
recorded plat. The terms "lot," "parcel," "land," "site," "development parcel" may be used
interchangeably within this Code as appropriate to the context.
Parking, accessible shall mean parking spaces designed in compliance with the Americans
with Disabilities Act (ADA) of 1990 Accessibility Guidelines for Buildings and Facilities
(ADAAG), as may be amended.
Parking lot shall mean an area used exclusively for the temporary parking of motor
vehicles, whether or not a fee is charged (see section 24-161).
Parking space, off-street shall mean a space consisting of an area adequate for parking
motor vehicles with room for opening doors on both sides, together with properly related
access to a public street or alley and maneuvering room, but located totally outside of any
street or alley right-of-way. Width, depth and arrangement of parking spaces shall conform
to the requirements of section 24-161.
Permitted use shall mean the uses and activities that are allowed within a particular
zoning district as described within division 5 of this chapter. In the case of question
regarding a typical or similar use, such use shall be determined based upon the Standard
Industrial Classification (SIC) Code Manual issued by the United States Office of Manage-
ment and Budget.
Pharmacy means a retail store licensed and regulated under F.S. ch. 465, where
prescription and other medicines and related products are dispensed and sold, but where the
retail sale of other non-medical and miscellaneous products may also be sold.
Planning agency shall mean the community development board, or any other agency
designated by the city commission, to serve those functions as the city's local planning
agency, pursuant to Chapter 163, Florida Statutes as well as other functions as directed by
the city commission.
Plat, final subdivision means the plat to be recorded in accordance with engineering
plans, specifications and calculations; certification of improvements, as -built drawings, or
performance guarantee; and other required certifications, bonds, agreements, approvals, and
materials for a development or a phase of a development or the entire parcel of land proposed
for development as required pursuant to article IV of this chapter.
Plat, re -plat, amended plat, or revised plat shall mean a map or delineated representation
of the division or re -division of lands, being a complete and exact representation of the
subdivision and including other information in compliance with the requirements of all
applicable sections of this chapter, the comprehensive plan, applicable local ordinances, and
Part I, Chapter 177, Florida Statutes.
Supp. No. 44 1422
LAND DEVELOPMENT REGULATIONS § 24-17
Principal building shall mean shall mean a building within which is conducted the main
or principal use of the lot or property upon which the building is situated.
Principal use shall mean the primary use of land, as distinguished from an accessory use.
Property line shall mean the exterior lot lines of a single parcel or a group of lots when two
(2) or more lots are considered together for the purposes of development.
Public open space shall mean open space, land or water areas, available for public use, not
restricted to members or residents.
Recreational vehicle (RV) shall include the following types of vehicles:
(a) Travel trailer shall mean a vehicular, portable structure built on a chassis and towed;
designed to be used as a temporary dwelling for travel, recreation and vacation uses;
permanently identified as a travel trailer by the manufacturer of the trailer; and
when factory equipped for the road, having a body width not exceeding eight (8) feet
and a body length not exceeding thirty-two (32) feet.
(b) Pickup coach shall mean a structure designed to be mounted on a truck chassis with
sufficient equipment to render it suitable for use as a temporary dwelling for travel,
recreation and vacation uses.
(c) Camping trailer shall mean a collapsible, temporary Dwelling covered with a
water-repellent fabric, mounted on wheels and designed for travel, recreation and
vacation uses.
(d) Auto camper shall mean a lightweight, collapsible unit that fits on top of an
automobile and into the trunk with the cover removed, and is designed for travel,
recreation and vacation uses.
(e) Vans or similar enclosed vehicles specially equipped for camping.
Restaurant shall mean any establishment where food is prepared or served for consump-
tion on or off the premises or within an enclosed business or building.
Right-of-way shall mean the area of a highway, road, street, way, parkway, sidewalk, or
other such strip of land reserved for a public use, whether established by prescription,
easement, dedication, gift, purchase, eminent domain or other lawful means.
Salvage yard shall mean a place where discarded or salvaged materials, are bought, sold,
exchanged, stored, baled, packed, disassembled or handled. Salvage yards shall include
automobile wrecking, house wrecking and structural steel materials and equipment yards,
but shall not include places for the purchase or storage of used furniture and household
equipment, used cars in operable condition, or used or salvaged materials from manufactur-
ing operations or for any type of automotive repair.
Screening shall mean the required treatment of land parallel to adjacent lot lines,
containing either: Densely planted trees and shrubs at least four (4) feet in height at the
time of installation and of an evergreen variety that shall form a year round visual barrier
and shall reach a minimum height of six (6) feet at maturity; or an opaque wood, masonry,
Supp. No. 44 1423
§ 24-17 ATLANTIC BEACH CODE
brick or similarly constructed fence, wall or barrier. Where a fence, wall or similar type
barrier is used, construction materials, finish and colors shall be of uniform appearance. All
screening shall be maintained in good condition. Where appropriate, a landscaped berm may
be used in place of a fence, wall or trees.
Seat shall mean, for the purpose of determining the number of required off-street parking
spaces, the number of chairs. In the case of benches or pews, each linear twenty-four (24)
inches of seating shall count as one (1) seat. For areas without fixed seating such as standing
areas, dance floors or bars, each seven (7) square feet of floor space shall constitute a
required seat.
Service station, automotive shall mean any building, structure or land used for the
dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and
in connection with which is performed minor automotive service, but not heavy automotive
repair.
Setback shall mean the required distance between the lot line and the building or
structure. Unless otherwise provided for within this chapter, setbacks shall be measured
from the property line to the exterior vertical wall of a building or structure. See also
definition for building setback.
Shopping center shall mean a group of retail stores or service establishments, planned,
developed, owned and managed as an integral unit, with off-street parking provided on the
property, and related in location, size and type of shops to the trade area the shopping center
serves.
Short-term rentals shall mean any residential rental or lease the term of which is less
than ninety (90) days. Short-term rentals shall similarly be considered to be commercial
uses as are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses.
Sight triangle shall mean the area within the limits described by the two (2) intersecting
center lines of a street and a line drawn between them from points on each center line that
are a prescribed number of feet from the intersection of the center lines.
Sign shall mean any identification, description, illustration, or device illuminated or
nonilluminated, which is visible from any outdoor place, open to the public and which directs
attention to a product, service, place, activity, person, institution, or business thereof,
including any permanently installed or situated merchandise; or any emblem, painting,
banner, pennant, placard, designed to advertise, identify, or convey information, with the
exception of customary window displays, official public notices and court markers required
by federal, state or local regulations; also excepting, newspapers, leaflets and books intended
for individual distribution to members of the public, attire that is being worn, badges, and
similar personal gear. Sign shall also include all outdoor advertising displays as described
within Section 3108.1.1, Florida Building Code, and all signs shall conform to the
requirements of Section 3108 of the Florida Building Code.
Supp. No. 44 1424
LAND DEVELOPMENT REGULATIONS § 24-17
Site development plan shall mean a plan of development including surveys, maps,
drawings, notations and other information as may be required depicting the specific location
and design of improvements proposed to be installed or constructed in accordance with the
requirements of this chapter.
Special flood hazard areas (SFHA) as delineated on the Federal Emergency Management
Agency (FEMA) flood insurance rate map (FIRM) shall mean the area that will be inundated
by a flood event having a one -percent chance of being equaled or exceeded in any given year.
SFHAs are labeled as zone A, zone AO, zone AH, zones Al—A30, zone AE, zone A99, Zone
AR, zone AR/AE, zone AR/AO, zone AR/Al—A30, zone AR/A, zone V, zone VE, and zones
V1—V30.
Story shall mean that portion of a building included between the surface of any floor and
the surface of the floor above it, or if there is no floor above it, then the space between the
floor and ceiling above.
Street shall mean a public or private thoroughfare, which affords the principal means of
access to abutting property. This includes lane, place, way, alley or other means of ingress or
egress, regardless of the term used to describe it.
Street classifications shall mean:
Arterial highway system: The group of roads constituting the highest degree of mobility
and largest proportion of total travel.
Collector road system: The group of roads providing a mix of mobility and land access
functions, typically within a given county or urban area, linking major land uses to each
other or to the arterial highway system. The collector road system is composed of rural
major collector roads, rural minor collector roads, and urban collectors (differentiation
between major and minor classes is not made in urban areas).
Local street system: The group of roads having land access as their primary purpose,
typically within a portion of a county or urban area. Although providing the largest
proportion of road miles, this system contributes little to total highway travel due to short
trip lengths and low volumes.
Street, private shall mean a street that is privately owned and maintained, and where a
properly recorded private easement has been approved by the appropriate city agency.
Street, public shall mean a street legally dedicated to public use and officially accepted by
the city.
Street right-of-way line shall mean the dividing line between a lot or parcel of land and the
contiguous street.
Structural alteration shall mean any change in the supporting members of a structure,
such as bearing walls or partitions, columns, beams or girders, or any substantial change in
the roof or in the exterior walls.
Supp. No. 44 1425
§ 24-17 ATLANTIC BEACH CODE
Structure shall mean that which is built, constructed, placed, or erected, which is thirty
(30) inches or more in height, including modular, manufactured and mobile homes, storage
tanks, or other manmade facilities and infrastructure such as, towers, smokestacks, utility
poles, and overhead transmission lines, but excluding flagpoles, fences not over six (6) feet in
height and landscape features that do not contain a solid or screened roof such as trellises,
arbors, pergolas, fountains and statuary. Buildings constructed with a connected solid roof
structure shall be considered as a single structure.
Subdivision shall mean the division of land into three (3) or more lots or parcels, which
may include establishment of new streets and alleys, stormwater facilities, infrastructure
including, but not limited to, water, sewer, and utilities. The term "subdivision" shall also
include replat and the division of previously recorded subdivisions when three (3) or more
lots or parcels are created, and when appropriate to the context, subdivision also relates to
the process developing land.
Theater shall mean an establishment offering dramatic presentations or showing movies
to the general public.
Threatened or endangered species shall mean species so listed by the Florida Fish and
Wildlife Conservation Commission, Florida Department of Agriculture and Consumer
Services, and [the] U.S. Fish and Wildlife Service.
Townhouse shall mean a residential dwelling unit constructed in a group of two (2) or
more attached units with ownership lines separating each dwelling unit through a common
wall(s) and where ownership of each dwelling unit is held in fee -simple title for property as
defined by a metes and bounds or other valid legal description. Development of townhouses,
pr copveraion fn towi,.lin tec�c shall he alined Only in compliance with Florida Rug Laing
Codes related to adequate firewall separation. Further, development of townhouses, or
conversion to townhouses, shall be allowed only in compliance with the applicable
residential density as established by the comprehensive plan, and in accordance with section
24-87 and article IV of this chapter as well as applicable provisions of Part I, Chapter 177,
Florida Statutes.
Trailer, boat, horse, or utility shall mean a conveyance drawn by other motive power and
used for transporting a boat, animal, equipment or general goods. See also "Recreational
vehicle."
Travel trailer park or court shall mean a park or court, licensed and approved by the state
board of health, and established to carry on the business of parking travel trailers.
Use -by -exception shall mean a departure from the general permitted uses set forth for the
various zoning districts, which if limited in number such that these uses do not dominate an
area, and when subject to appropriate conditions, may be acceptable uses in the particular
area. A use -by -exception may be granted only in accordance with the express provisions of
section 24-63 of this chapter.
Supp. No. 44 1426
LAND DEVELOPMENT REGULATIONS § 24-17
Variance. A variance shall mean relief granted from certain terms of this chapter. The
relief granted shall be only to the extent as expressly allowed by this chapter and may be
either an allowable exemption from certain provision(s) or a relaxation of the strict, literal
interpretation of certain provision(s). Any relief granted shall be in accordance with the
provisions as set forth in section 24-64 of this chapter, and such relief may be subject to
conditions as set forth by the City of Atlantic Beach.
Vehicular use area (VUA) means those areas of a site to be used for off-street parking,
employee parking, service drives, loading spaces and access drives within property located in
the commercial and industrial zoning districts.
Vested development shall mean a proposed development project or an existing structure or
use, which in accordance with applicable Florida law or the specific terms of this chapter, is
exempt from certain requirements of these land development regulations and/or the
comprehensive plan.
Veterinary clinic shall mean any building or portion thereof designed or used for the
veterinary care, surgical procedures or treatment of animals, but shall not include the
boarding of well animals.
Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other
land development regulations contained within City Code, when it is demonstrated that
compliance with such provision(s) would be unreasonable, in conflict with the public interest,
or a practical impossibility. A waiver from the land development regulations may be
approved by the city commission upon showing of good cause, and upon evidence that an
alternative to a specific provision(s) of this chapter shall be provided, which conforms to the
general intent and spirit of the land development regulations. In considering any request for
a waiver from the land development regulations, the city commission may require such
conditions as appropriate to ensure that the general intent and spirit of the land
development regulations are enforced. A waiver shall not modify any requirement or term
customarily considered as a variance or any requirement or term prohibited as a variance.
Wetlands shall mean those areas as defined by state law that are inundated or saturated
by surface water or ground water at a frequency and duration sufficient to support
vegetation typically adapted for life in saturated soils. Florida wetlands generally include
swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine
swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other
similar areas. The delineation of actual wetland boundaries and the jurisdictional authority
of such areas may be made by professionally accepted methodology consistent with the type
of wetlands being delineated but shall be consistent with any unified statewide methodology
for the delineation of wetlands.
Yard means a required area on the same lot with a building, unoccupied and unobstructed
from the ground upward, except by trees or shrubbery, landscape elements and uncovered
steps, decks, balconies or porches not exceeding thirty (30) inches in height, or as otherwise
provided for within this chapter.
Supp. No. 44 1427
§ 24-17 ATLANTIC BEACH CODE
Yard, front means the required yard extending across the full width of the lot, extending
from the front lot line to the front building setback line as established by the zoning district
designation. Yard, rear means a required yard extending across the full width of the lot,
extending between the rear lot line and the rear building setback line as established by the
zoning district designation.
Yard, side means a required yard extending between a side lot line and the side building
setback line as established by the zoning district designation.
Zoning map shall mean the official record of the City of Atlantic Beach depicting the
zoning district classifications on property within the municipal limits of the City of Atlantic
• Beach.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-18-233, § la, 6-11-18; Ord. No.
90-18-234, § la, 6-11-18)
Secs. 24-18-24-30. Reserved.
ARTICLE III. ZONING REGULATIONS
DIVISION 1. IN GENERAL
Sec. 24-31. Scope.
The provisions of this chapter shall be administered in accordance with the rules set forth
within this article and the detailed regulations governing each zoning district Administra-
tive procedures and the responsibilities of the city commission, the community development
director, and the community development board are set forth herein. Procedures for the
filing of applications, for amendments to this chapter, the appeal of decisions on any matter
covered within this chapter and the land development regulations are also included herein.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-32-24-45. Reserved.
DIVISION 2. ADMINISTRATION
Sec. 24-46. City commission.
It shall be the responsibility of the city commission to perform the following duties and
responsibilities in accordance with this chapter:
(a) To enforce this chapter in accordance with, and consistent with, the adopted
comprehensive plan for the City of Atlantic Beach.
Supp. No. 44 1428
LAND DEVELOPMENT REGULATIONS § 24-47
(b) To make amendments to the comprehensive plan, this chapter, the zoning map by a
simple majority vote of the city commission after holding required public hearings,
and after considering a written recommendation from the community development
board performing its functions as the local planning agency.
(c) To approve or deny requests for subdivisions, plats and changes to plats and other
previously approved special conditions of use or development in accordance with the
requirements of this chapter after holding required public hearings and after
considering a written recommendation from the community development board
where required by this chapter.
(d) To authorize limited waivers, on a case-by-case basis, from a specific provision(s) of
the land development regulations as set forth within this chapter and as may be
contained within other chapters of City Code when it is demonstrated that
compliance with such provision(s) would be unreasonable, in conflict with the public
interest, or a practical impossibility. A waiver from the land development regulations
may be approved only upon showing of good cause, and upon evidence that an
alternative to a specific provision(s) of this chapter shall be provided, which conforms
to the general intent and spirit of these land development regulations. In considering
any request for a waiver from these land development regulations, the city
commission may require conditions as appropriate to ensure that the intent of these
land development regulations is enforced. A waiver shall not modify any require-
ment or term customarily considered as a variance or any requirement or term
prohibited as a variance, and shall be considered only in cases where alternative
administrative procedures are not set for the within the City Code of Ordinances.
(e) To establish fees related to the administrative costs of carrying out the requirements
of this chapter.
(f) To appoint a community development director to administer the provisions of this
chapter, who shall be the city manager or his designee.
(g) To hear and decide appeals where it is alleged there is an error in any order,
requirement or administrative decision made by the community development
director in the enforcement of this chapter or other provision of the Code of
Ordinances regulating the use and development of land.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-47. Community development board.
The community development board shall be appointed by the city commission. The
organization and procedures under which this board operates, its arrangement of meetings,
adoption of rules and its method of hearing and acting upon variances, uses -by -exception or
other related matters shall be in conformity with the provisions as set forth within this
chapter and chapter 14 of [the] City Code. It shall be the responsibility of the community
development board:
(a) To approve or deny variances in accordance with the provisions of section 24-64.
Supp. No. 44 1429
§ 24-47 ATLANTIC BEACH CODE
(b) To hear and make recommendations to the city commission related to applications
submitted to the city for use -by -exceptions, changes in zoning district classifications,
and amendments to the comprehensive plan.
(c) In exercising its powers, the community development board may, in conformance
with the provisions of this chapter, reverse, affirm or modify, in whole or in part, any
previously rendered order, requirement, decision or determination provided such
action is based upon new evidence or where it is determined that a previous decision
was made based upon inaccurate information.
(d) Rulings and decisions of the community development board shall become immediately
effective, unless otherwise ordered by the board.
(e) The community development board shall also serve as the local planning agency for
the City of Atlantic Beach and shall provide those functions as set forth in Chapter
163, Florida Statutes, as may be amended.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-48. Community development director.
The community development director shall have the following authorities and responsibili-
ties:
(a) To administer and implement this chapter and accomplish actions required by this
chapter, including proper notices as specified in this chapter or as otherwise
required; the receiving and processing of appeals.
(b) To provide written instructions to applicants related to the required process for
requests as required under this chanter and to assist applicants in understanding
the provisions of this chapter.
(c) To receive and initiate the processing of all zoning and land use related applications.
(d) To maintain all records relating to this chapter and its administration, as may be set
forth in this chapter or otherwise be necessary.
(e) To recommend to the community development board and the city commission,
amendments to this chapter and the zoning map, with a written statement outlining
the need for such changes.
(f) To conduct necessary field inspections required to advise the community develop-
ment board and the city commission related to zoning and land use matters.
(g) To review preliminary development plans, applications for certain building permits,
including site and lot plans, to determine whether the proposed construction,
alterations, repair or enlargement of a structure is in compliance with the provisions
of this chapter and the comprehensive plan. The building official's signature, stating
approval, shall be required on all development plans before a building permit shall
be issued.
Supp. No. 44 1430
LAND DEVELOPMENT REGULATIONS § 24-49
(h) To grant minor dimensional variances or minor variances to development design
standards as set forth in this chapter, excluding changes to lot area, impervious
surface area, height and parking, provided the requested variance is not more than
five (5) percent from the standard or requirement requested to be waived. Such
minor variances shall be granted only one (1) time for any particular requirement on
a single property and shall be granted only with written justification as set forth
within subsection 24-64(d) or as demonstrated to preserve a protected tree. Where
such variances are requested for side setbacks on both sides of a parcel, the
cumulative to be waived shall not exceed five (5) percent of the required setback for
a single side. For example, where the required side setback is a combined fifteen (15)
feet, the maximum permitted to be waived on a single side or cumulatively on both
sides is nine (9) inches. Similarly, for 20 -foot front and rear setbacks, the maximum
permitted to be waived on either the front or rear or in combination is twelve (12)
inches.
Minor dimensional variances may also be authorized where an inadvertent survey-
ing error has resulted in placement of a building not more than four (4) inches
outside of a required building setback line. In such cases, a letter of explanation shall
be provided by the surveyor, which shall remain part of the building permit file.
(i) To post signs and provide for proper published notice of zoning requests in
accordance with section 24-52, and to forward appropriate agenda information to be
considered at the regular scheduled meetings of the community development board
to members at least seven (7) days prior to the meeting date.
(j) To recommend for hire such persons as necessary to assist in the fulfillment of the
requirements of the office and delegate to these employees the duties and responsibili-
ties assigned to the community development director as may be necessary to carry
out properly, the functions of the office.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-49. Appeals.
Appeals of administrative decisions made by the community development director and
appeals of final decisions of the community development board may be made by adversely
affected person(s) in accordance with the following provisions. Appeals shall be heard at
public hearing within a reasonable period of time with proper public notice, as well as due
notice to the interested parties. At the hearing, any party may appear in person, by agent or
by attorney.
(a) Appeals of administrative decisions of the community development director. Appeals
of a decision of the community development director may be made to the city
commission by any adversely affected person(s), or any officer, board or department
of the city affected by a decision of the community development director made under
the authority of this chapter.
Such appeal shall be filed in writing with the city clerk within thirty (30) days after
rendition of the final order, requirement, decision or determination being appealed.
Supp. No. 44 1431
§ 24-49 ATLANTIC BEACH CODE
The community development director shall, upon notification of the filing of the
appeal, transmit to the city commission, all the documents, plans, or other materials
constituting the record upon which the action being appealed was derived.
(b) Appeals of decisions of the community development board. Appeals of a decision of the
community development board may be made to the city commission by any adversely
affected person(s), any officer, board or department of the city affected by any
decision of the community development board made under the authority of this
chapter. Such appeal shall be filed in writing with the city clerk within thirty (30)
days after rendition of the final order, requirement, decision or determination being
appealed. The appellant shall present to the city commission a petition, duly
verified, setting forth that the decision being appealed is in conflict with or in
violation of this chapter, in whole or in part, specifying the grounds of the conflict or
violation. The petition shall be presented to the city commission within thirty (30)
days after the filing of the appeal with the city clerk.
(c) Stay of work. An appeal to the city commission shall stay all work on the premises
and all proceedings in furtherance of the action appealed, unless the designated
administrative official shall certify to the city commission that, by reason of facts
stated in the certificate, a stay would cause imminent peril to life or property. In such
case, proceedings or work shall not be stayed except by order, which may be granted
by the city commission after application to the officer from whom the appeal is taken
and on due cause shown.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-50. Vested rights. 77,�
( ) netcrm n f .nn v f vcst d rights. The: dctcrm -mt » of �'cstc,1 rights sbalil be 1•• sc4 pc, .
factual evidence provided to the City of Atlantic Beach. Each vesting determination shall be
based on an individual case-by-case basis. Applications for a determination of vested rights
shall be submitted to the community development director. The applicant shall have the
burden of proof to demonstrate the entitlement to vested rights pursuant to the require-
ments of Florida law and shall provide all information as may be required. All vested
development subject to a vested rights determination shall be consistent with the terms of
the development approval upon which the vesting determination was based.
(b) Expiration of vested rights.
(1) Statutory vested rights determinations shall not have a specific expiration date
unless specified in other ordinances, development permits or statutory limitations.
Such vested rights may expire as otherwise allowed or required by applicable law.
(2) Common law vested rights determinations, which have been recognized by the city,
shall remain valid for a period of up to five (5) years from the date the determination
was made unless otherwise specified by the vesting determination, provided that the
city may cancel and negate such vested rights prior to the expiration of said time
period if it can demonstrated that the request for a vested rights determination was
Supp. No. 44 1432
LAND DEVELOPMENT REGULATIONS § 24-51
based on substantially inaccurate information provided by the applicant, or that the
revocation of said vested rights is clearly established to be essential for the health,
safety and welfare of the public.
(3) Requests to extend the time period of a vested rights determination shall be made to
the city commission and shall be granted only upon showing of good cause.
(c) Appeals of vesting determinations. An appeal of the denial of a vesting determination
may be made to the city commission by filing such appeal with the city clerk within thirty
(30) days of receipt of written notification of the denial. Appeals of vesting determinations
shall be granted only by the city commission.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-51. Public hearings and required notice.
(a) Except as provided in subsection (c) herein, ordinances that amend the text of the
adopted comprehensive plan.
(1) Public hearings. The community development board shall hold one (1) advertised
public hearing and the city commission shall hold two (2) advertised public hearings
on proposed ordinances that amend the text of the adopted comprehensive plan.
The first public hearing at city commission shall be held at the transmittal stage,
prior to the transmittal of the proposed amendment to the state planning agency
pursuant to F.S. § 163.3184. The second public hearing at city commission shall be
held at the adoption stage, within one hundred eighty (180) calendar days of receipt
of any comments from the state planning agency, unless such time frame is extended
pursuant to F.S. § 163.3184. Should the second public hearing at city commission not
be timely held, the amendment application shall be deemed withdrawn pursuant to
F.S. § 163.3184. All public hearings shall be held on a weekday after 5:00 p.m.
(2) Notice. All notices regarding ordinances that amend the text of the adopted
comprehensive plan, shall comply with the requirements of F.S. § 163.3184 and
§ 166.041, unless otherwise specified herein.
a. Published notice. At least ten (10) calendar days prior to each public hearing,
the city manager or their designee shall have published an advertisement
giving notice of the public hearing in accordance with F.S. ch. 166.
The required advertisement shall be one-quarter (1/4) page in a standard size or
a tabloid size newspaper, and the headline in advertisement shall be in a type
no smaller than eighteen (18) point. The advertisement shall not be placed in
that portion of the newspaper where legal notices and classified advertisements
appear. The notice shall be published in a newspaper of general circulation in
the city. The notice shall state the date, time, place of the meeting, and the place
or places within the city where the proposed ordinances may be inspected by the
public. The notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
Supp. No. 44 1432.1
§ 24-51 ATLANTIC BEACH CODE
Advertisements for ordinances that amend the text of the adopted comprehensive
plan shall be in substantially the following form:
NOTICE OF COMPREHENSIVE PLAN TEXT CHANGE
The City of Atlantic Beach proposes to adopt the following ordinance (title of the
ordinance).
A public hearing on the ordinance will be held on (date and time) at (meeting
place).
b. Mailed notice. At least fourteen (14) calendar days prior to the first public
hearing, notice shall be sent by U.S. mail to each real property owner whose
land is subject to the proposed text change and also to owners whose land is
within three hundred (300) feet of the subject parcel(s) and whose address is
known by reference to the latest ad valorem tax records. The notice shall state
the date(s), time(s), place(s) of the public hearing(s) and the place or places
within the city where the application may be inspected by the public. The notice
shall also advise that interested parties may appear at the meeting and be
heard regarding the application. A copy of the notice shall be kept available for
public inspection during the regular business hours of the office of the city clerk.
(b) Except as provided in subsection (c) herein, ordinances that amend the future land use
map series of the adopted comprehensive plan.
(1) Public hearings. The community development board shall hold one (1) advertised
public hearing and the city commission shall hold two (2) advertised public hearings
on proposed ordinances that amend the future land use map series of the adopted
comprehensive plan.
The Iii.'gV /UUiii. g [11. Lit.), \A)11111 Shat ue 11t1u du Llie LIdnb1nIL.d1 SLag e,
prior to the transmittal of the proposed amendment to the state planning agency
pursuant to F.S. § 163.3184. The second public hearing at city commission shall be
held at the adoption stage, within one hundred eighty (180) calendar days of receipt
of any comments from the state planning agency pursuant to F.S. § 163.3184. All
public hearings shall be held on a weekday after 5:00 p.m.
(2) Notice. All notices regarding ordinances that amend the future land use map series
of the adopted comprehensive plan, shall be as required by F.S. § 163.3184 and
§ 166.041, unless otherwise specified herein.
a. Published notice. At least ten (10) calendar days prior to each public hearing,
the city manager or their designee shall have published an advertisement
giving notice of the public hearing.
The required advertisement shall be one-quarter (1/4) page in a standard size or
a tabloid size newspaper, and the headline in advertisement shall be in a type
no smaller than eighteen (18) point. The advertisement shall not be placed in
that portion of the newspaper where legal notices and classified advertisements
appear. The notice shall be published in a newspaper of general circulation in
Supp. No. 44 1432.2
LAND DEVELOPMENT REGULATIONS § 24-51
the city. The notice shall state the date, time, place of the meeting, and the place
or places within the city where the proposed ordinances may be inspected by the
public. The notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance
Advertisements for ordinances that amend the future land use map series of the
adopted comprehensive plan shall be in substantially the following form:
NOTICE OF FUTURE LAND USE MAP CHANGE
The City of Atlantic Beach proposes to adopt the following ordinance (title of the
ordinance).
A public hearing on the ordinance will be held on (date and time) at (meeting
place).
The advertisement shall contain a geographic location map which clearly
indicates the area covered by the proposed ordinance. The map shall include
major street names as a means of identification of the general area. In addition
to being published in the newspaper, the maps must be part of the online notice
required pursuant to F.S. § 50.0211.
b. Mailed notice. At least fourteen (14) calendar days prior to the first public
hearing, notice shall be sent by U.S. mail to each real property owner whose
land is within three hundred (300) feet of the subject parcel(s) and whose
address is known by reference to the latest ad valorem tax records. The notice
shall state the date(s), time(s), place(s) of the public hearing(s) and the place or
places within the city where the application may be inspected by the public. The
notice shall also advise that interested parties may appear at the meeting and
be heard regarding the application. A copy of the notice shall be kept available
for public inspection during the regular business hours of the office of the city
clerk.
(c) Ordinances for small-scale comprehensive plan amendments that amend the future
land use map series and related text amendments.
For site specific future land use map amendments involving the use of ten (10) acres or
less and text changes that relate directly to, and are adopted simultaneously with, the small
scale future land use map amendment, the following public hearing and notice requirements
shall apply:
(1) Public hearings. The community development board shall hold one (1) advertised
public hearing and the city commission shall hold two (2) advertised public hearings
the latter of which shall be the adoption hearing as required by F.S. § 163.3187 and
§ 163.041. All public hearings shall be held on a weekday after 5:00 p.m.
Supp. No. 44 1432.3
§ 24-51 ATLANTIC BEACH CODE
(2) Notice. All notices regarding ordinances for small-scale comprehensive plan amend-
ments that amend the future land use map series and related text amendments,
shall be provided by the city manager or their designee as required by F.S. § 163.3187
and § 166.041, unless otherwise specified herein.
a. Published notice. At least ten (10) calendar days prior to each public hearing, an
advertisement giving notice of the public hearing shall be published.
The required advertisement shall be one-quarter (1/4) page in a standard size or
a tabloid size newspaper, and the headline in advertisement shall be in a type
no smaller than eighteen (18) point. The advertisement shall not be placed in
that portion of the newspaper where legal notices and classified advertisements
appear. The notice shall be published in a newspaper of general circulation in
the city. The notice shall state the date, time, place of the meeting, and the place
or places within the city where the proposed ordinances may be inspected by the
public. The notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
Advertisements for ordinances for small-scale comprehensive plan amend-
ments that amend the future land use map series and related text amendments
shall be in substantially the following form:
NOTICE OF SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
The City of Atlantic Beach proposes to adopt the following ordinance (title of
ordinance).
A public hearing on the ordinance shall be held on (date and time) at (meeting
place).
The advertisement shall contain a geographic location map which clearly
indicates the area covered by the proposed ordinance. The map shall include
major street names as a means of identification of the general area. In addition
to being published in the newspaper, the maps must be part of the online notice
required pursuant to F.S. § 50.0211.
b. Mailed notice. At least fourteen (14) calendar days prior to the first public
hearing, notice shall be sent by U.S. mail to each real property owner whose
land is within three hundred (300) feet of the subject parcel(s) and whose
address is known by reference to the latest ad valorem tax records. The notice
shall state the date(s), time(s), place(s) of the public hearing(s) and the place or
places within the city where the application may be inspected by the public. The
notice shall also advise that interested parties may appear at the meeting(s)
and be heard regarding the application. A copy of the notice shall be kept
available for public inspection during the regular business hours of the office of
the city clerk.
c. Posted notice. At least fourteen (14) calendar days prior to the first public
hearing, a sign identifying the request, including date(s), time(s) and place(s) of
the public hearing(s), shall be posted on the subject parcel. Such sign shall be
Supp. No. 44 1432.4
LAND DEVELOPMENT REGULATIONS § 24-51
erected in full view of the public street on each street side of the land subject to
the application. Where the property subject to the request does not have
frontage on a public street, a sign shall be erected at the nearest public
right-of-way with an attached notation indicating the general direction and
distance to the land subject to the application. Sign(s) shall be removed after a
decision is rendered on the application. The failure of any such posted notice
sign to remain in place after the notice has been posted shall not be deemed a
failure to comply with this requirement, nor shall it be grounds to challenge the
validity of any decision made by the community development board or the city
commission.
(d) Ordinances that change the text of the Land Development Regulations, other than
those that revise the actual list of permitted, conditional or prohibited uses within a zoning
category.
(1) Public hearings. The community development board shall hold one (1) advertised
public hearing and the city commission shall hold two (2) advertised public hearings
on proposed ordinances that change the text of the land development regulations,
other than those that revise the actual list of permitted, conditional or prohibited
uses within a zoning category. All public hearings shall be held on a weekday after
5:00 p.m.
(2) Notice. All notices regarding ordinances that change the text of the land development
regulations, other than those that revise the actual list of permitted, conditional or
prohibited uses within a zoning category, shall be in accordance with F.S. § 166.041,
unless otherwise specified herein.
a. Published notice. At least ten (10) calendar days prior to each public hearing,
the city manager or their designee shall have published an advertisement
giving notice of the public hearing.
The required advertisement shall be one-quarter (1/4) page in a standard size or
a tabloid size newspaper, and the headline in advertisement shall be in a type
no smaller than eighteen (18) point. The advertisement shall not be placed in
that portion of the newspaper where legal notices and classified advertisements
appear. The notice shall be published in a newspaper of general circulation in
the city. The notice shall state the date, time, place of the meeting, and the place
or places within the city where the proposed ordinances may be inspected by the
public. The notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
Advertisements for ordinances that change the text of the land development
regulations, other than those that revise the actual list of permitted, conditional
or prohibited uses within a zoning category shall be in substantially the
following form:
NOTICE OF LAND DEVELOPMENT REGULATIONS TEXT CHANGE
Supp. No. 44 1432.5
§ 24-51 ATLANTIC BEACH CODE
The City of Atlantic Beach proposes to adopt the following ordinance (title of the
ordinance).
A public hearing on the ordinance will be held on (date and time) at (meeting
place).
b. Mailed notice. At least fourteen (14) calendar days prior to the first public
hearing, notice shall be sent by U.S. mail to each real property owner whose
land is subject to the proposed text change and also to owners whose land is
within three hundred (300) feet of the subject parcel(s) and whose address is
known by reference to the latest ad valorem tax records. The notice shall state
the date(s), time(s), place(s) of the public hearing(s) and the place or places
within the city where the application may be inspected by the public. The notice
shall also advise that interested parties may appear at the meeting and be
heard regarding the application. A copy of the notice shall be kept available for
public inspection during the regular business hours of the office of the city clerk.
(e) Ordinances initiated by an applicant other than the city to change the actual official
zoning map designation of a parcel or parcels.
(1) Public hearings. The community development board shall hold one (1) advertised
public hearing and the city commission shall hold two (2) advertised public hearings
on proposed ordinances initiated by an applicant other than the city to change the
actual official zoning map designation of a parcel or parcels. All public hearings shall
be held on a weekday after 5:00 p.m.
(2) Notice. All notices regarding ordinances initiated by an applicant other than the city
to change the actual official zoning map designation of a parcel or parcels, shall be
nrn:r! A y t ,o ntfv marorrQp nr f-hnr rinairm np n av,.,N=�.,a.iati�.,
unless otherwise specified herein.
a. Published notice. At least ten (10) calendar days prior to each public hearing, an
advertisement giving notice of the public hearing shall be provided.
The required advertisement shall be one-quarter (1/4) page in a standard size or
a tabloid size newspaper, and the headline in advertisement shall be in a type
no smaller than eighteen (18) point. The advertisement shall not be placed in
that portion of the newspaper where legal notices and classified advertisements
appear. The notice shall be published in a newspaper of general circulation in
the city. The notice shall state the date, time, place of the meeting, and the place
or places within the city where the proposed ordinances may be inspected by the
public. The notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
Advertisements for ordinances initiated by an applicant other than the city to
change the actual official zoning map designation of a parcel or parcels shall be
in substantially the following form:
NOTICE OF ZONING MAP CHANGE
Supp. No. 44 1432.6
LAND DEVELOPMENT REGULATIONS § 24-51
The City of Atlantic Beach proposes to adopt the following ordinance (title of the
ordinance).
A public hearing on the ordinance will be held on (date and time) at (meeting
place).
The advertisement shall contain a geographic location map which clearly
indicates the area covered by the proposed ordinance. The map shall include
major street names as a means of identification of the general area. In addition
to being published in the newspaper, the maps must be part of the online notice
required pursuant to F.S. § 50.0211.
b. Mailed notice. At least fourteen (14) calendar days prior to the first public
hearing, notice shall be sent by U.S. mail to each real property owner whose
land is within three hundred (300) feet of the subject parcel(s) and whose
address is known by reference to the latest ad valorem tax records. The notice
shall state the date(s), time(s), place(s) of the public hearing(s) and the place or
places within the city where the application may be inspected by the public. The
notice shall also advise that interested parties may appear at the meeting and
be heard regarding the application. A copy of the notice shall be kept available
for public inspection during the regular business hours of the office of the city
clerk.
c. Posted notice. At least fourteen (14) calendar days prior to each public hearing,
a sign identifying the request, including date(s), time(s) and place(s) of the
public hearing(s), shall be posted on the subject parcel. Such sign shall be
erected in full view of the public street on each street side of the land subject to
the application. Where the property subject to the request does not have
frontage on a public street, a sign shall be erected at the nearest public
right-of-way with an attached notation indicating the general direction and
distance to the land subject to the application. Sign(s) shall be removed after a
decision is rendered on the application. The failure of any such posted notice
sign to remain in place after the notice has been posted shall not be deemed a
failure to comply with this requirement, nor shall it be grounds to challenge the
validity of any decision made by the community development board or the city
commission.
(f) Ordinances that change the text of the land development regulations to revise the
actual list of permitted, conditional or prohibited uses within a zoning category.
(1) Public hearings. The community development board shall hold one (1) advertised
public hearing and the city commission shall hold two (2) advertised public hearings
on proposed ordinances that change the text of the land development regulations to
revise the list of permitted, conditional or prohibited uses within a zoning category.
All public hearings shall be held on a weekday after 5:00 p.m. The second public
hearing before the city commission shall be held at least ten (10) calendar days after
the first public hearing.
Supp. No. 44 1432.7
§ 24-51 ATLANTIC BEACH CODE
(2) Notice. All notices regarding ordinances that change the text of the land development
regulations to revise the list of permitted, conditional, or prohibited uses within a
zoning category, shall be in accordance with F.S. § 166.041, unless otherwise
specified herein.
a. Published notice. At least ten (10) calendar days prior to each public hearing,
the city manager or their designee shall have published an advertisement
giving notice of the public hearing.
The required advertisement shall be one-quarter (114) page, except that in no
case shall it be less than two (2) columns wide by ten (10) inches long, in a
standard size or a tabloid size newspaper, and the headline in advertisement
shall be in a type no smaller than eighteen (18) point. The advertisement shall
not be placed in that portion of the newspaper where legal notices and classified
advertisements appear. The advertisement shall be placed in a newspaper of
general paid circulation in the city and of general interest and readership in the
city, not one (1) of limited subject matter, pursuant to F.S. ch. 50. The notice
shall state the date, time, place of the public hearing; the title of the proposed
ordinance and the place or places within the city where the proposed ordinance
may be inspected by the public. The notice shall also advise that interested
parties may appear at the meeting and be heard regarding the proposed
ordinance.
Advertisements for ordinances that change the text of the land development
regulations to revise the actual list of permitted, conditional, or prohibited uses
within a zoning category shall be in substantially the following form:
NOTICE OF LAND DEVELOPMENT REGULATIONS TEXT CHANGE
The City of Atlantic Beach proposes to adopt the following ordinance (title of the
ordinance).
A public hearing on the ordinance will be held on (date- and time) at (meeting
place).
b. Mailed notice. At least fourteen (14) calendar days prior to the first public
hearing, notice shall be sent by U.S. mail to each real property owner whose
land is subject to the proposed text change and also to owners whose land is
within three hundred (300) feet of the subject parcel(s) and whose address is
known by reference to the latest ad valorem tax records. The notice shall state
the date(s), time(s), place(s) of the public hearing(s) and the place or places
within the city where the application may be inspected by the public. The notice
shall also advise that interested parties may appear at the meeting and be
heard regarding the application. A copy of the notice shall be kept available for
public inspection during the regular business hours of the office of the city clerk.
Supp. No. 44 1432.8
LAND DEVELOPMENT REGULATIONS § 24-51
(g) Ordinances initiated by the city that change the actual zoning map designation for a
parcel or parcels of land involving ten (10) contiguous acres or more.
(1) Public hearings. The community development board shall hold one (1) advertised
public hearing and the city commission shall hold two (2) advertised public hearings
on proposed ordinances that change the actual zoning map designation for a parcel or
parcels of land involving ten (10) contiguous acres or more.
All public hearings shall be held on a weekday after 5:00 p.m. The second public
hearing before the city commission shall be held at least ten (10) calendar days after
the first public hearing.
(2) Notice. All notices regarding ordinances initiated by the city that change the actual
zoning map designation for a parcel or parcels of land involving ten (10) contiguous
acres or more, shall be provided by the city manager or their designee in accordance
with F.S. § 166.041, unless otherwise specified herein.
a. Published notice. At least ten (10) calendar days prior to each public hearing, an
advertisement giving notice of the public hearing shall be published.
The required advertisement shall be one-quarter (1/4) page, except in no case
shall it be less than two (2) columns wide by ten (10) inches long, in a standard
size or a tabloid size newspaper, and the headline in advertisement shall be in
a type no smaller than eighteen (18) point. The advertisement shall not be
placed in that portion of the newspaper where legal notices and classified
advertisements appear. The advertisement shall be placed in a newspaper of
general paid circulation in the city and of general interest and readership in the
city, not one (1) of limited subject matter, pursuant to F.S. ch. 50. The notice
shall state the date, time, place of the public hearing; the title of the proposed
ordinance and the place or places within the city where the proposed ordinance
may be inspected by the public. The notice shall also advise that interested
parties may appear at the meeting and be heard regarding the proposed
ordinance.
Advertisements for ordinances initiated by the city that change the actual
zoning map designation for a parcel or parcels of land involving ten (10)
contiguous acres or more shall be in substantially the following form:
NOTICE OF ZONING MAP CHANGE
The City of Atlantic Beach proposes to adopt the following ordinance (title of the
ordinance).
A public hearing on the ordinance will be held on (date and time) at (meeting
place).
The advertisement shall contain a geographic location map which clearly
indicates the area covered by the proposed ordinance. The map shall include
Supp. No. 44 1432.9
§ 24-51 ATLANTIC BEACH CODE
major street names as a means of identification of the general area. In addition
to being published in the newspaper, the maps must be part of the online notice
required pursuant to F.S. § 50.0211.
b. Mailed notice. Each real property owner whose land the city will redesignate by
enactment of the ordinance and whose address is known by reference to the
latest ad valorem tax records shall be notified by mail. The notice shall state
the substance of the proposed ordinance as it affects that property owner and
shall set a time and place for one (1) or more public hearings on such ordinance.
Such notice shall be given at least thirty (30) calendar days prior to the date set
for the first public hearing, and a copy of the notice shall be kept available for
public inspection during the regular business hours of the office of the city clerk.
(h) Ordinances initiated by the city that change the actual zoning map designation for a
parcel or parcels of land involving less than ten (10) contiguous acres.
(1) Public hearings. The community development board shall hold one (1) advertised
public hearing and the city commission shall hold two (2) advertised public hearings
on proposed ordinances initiated by the city that change the actual zoning map
designation for a parcel or parcels of land involving less than ten (10) contiguous
acres. All public hearings shall be held on a weekday after 5:00 p.m.
(2) Notice. All notices regarding ordinances initiated by the city that change the actual
zoning map designation for a parcel or parcels of land involving less than ten (10)
contiguous acres, shall be provided by the city manager or their designee in
accordance with F.S. § 166.041, unless otherwise specified.
a. Published notice. At least ten (10) calendar days prior to each public hearing, an
advertisement giving notice of the public hearing shall be published.
The required advertisement shall be one-quarter (1/4) page in a standard size or
a tabloid size newspaper, and the headline in advertisement shall be in a type
no smaller than eighteen (18) point. The advertisement shall not be placed in
that portion of the newspaper where legal notices and classified advertisements
appear. The notice shall be published in a newspaper of general circulation in
the city. The notice shall state the date, time, place of the meeting, and the place
or places within the city where the proposed ordinances may be inspected by the
public. The notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
Advertisements for ordinances initiated by the city that change the actual
zoning map designation for a parcel or parcels of land involving less than ten
(10) contiguous acres shall be in substantially the following form:
NOTICE OF ZONING MAP CHANGE
The City of Atlantic Beach proposes to adopt the following ordinance (title of the
ordinance).
Supp. No. 44 1432.10
LAND DEVELOPMENT REGULATIONS § 24-51
A public hearing on the ordinance will be held on (date and time) at (meeting
place).
The advertisement shall contain a geographic location map which clearly
indicates the area covered by the proposed ordinance. The map shall include
major street names as a means of identification of the general area. In addition
to being published in the newspaper, the maps must be part of the online notice
required pursuant to F.S. § 50.0211.
b. Mailed notice. Each real property owner whose land the city will redesignate by
enactment of the ordinance and whose address is known by reference to the
latest ad valorem tax records shall be notified by mail. The notice shall state
the substance of the proposed ordinance as it affects that property owner and
shall set a time and place for one (1) or more public hearings on such ordinance.
Such notice shall be given at least thirty (30) calendar days prior to the date set
for the first public hearing, and a copy of the notice shall be kept available for
public inspection during the regular business hours of the office of the city clerk.
(i) Applications for variances.
(1) Public hearings. The community development board shall hold one (1) advertised
public hearing on applications for variances. The public hearing shall be held on a
weekday after 5:00 p.m.
(2) Notice. Notice of all public hearings for applications for variances shall be provided
by the city manager or their designee in accordance with the following provisions:
a. Published notice. At least ten (10) calendar days prior to the public hearing, an
advertisement giving notice of the public hearing shall be published. The
advertisement shall be placed in a newspaper of general paid circulation in the
city and of general interest and readership in the city, not one (1) of limited
subject matter, pursuant to F.S. ch. 50. The notice shall state the date, time,
place of the public hearing and the place or places within the city where the
application may be inspected by the public. The notice shall also advise that
interested parties may appear at the meeting and be heard regarding the
application.
b. Mailed notice. At least fourteen (14) calendar days prior to the public hearing,
notice shall be sent by U.S. mail to each real property owner whose land is
within three hundred (300) feet of the subject parcel(s) and whose address is
known by reference to the latest ad valorem tax records. The notice shall state
the date, time, place of the public hearing and the place or places within the city
where the application may be inspected by the public. The notice shall also
advise that interested parties may appear at the meeting and be heard
regarding the application. A copy of the notice shall be kept available for public
inspection during the regular business hours of the office of the city clerk.
Supp. No. 44 1432.11
§ 24-51 ATLANTIC BEACH CODE
c. Posted notice. At least fourteen (14) calendar days prior to the public hearing, a
sign identifying the request, including date, time and place of the public
hearing, shall be posted on the subject parcel. Such sign shall be erected in full
view of the public street on each street side of the land subject to the
application. Where the property subject to the request does not have frontage
on a public street, a sign shall be erected at the nearest public right-of-way with
an attached notation indicating the general direction and distance to the land
subject to the application. Sign(s) shall be removed after a decision is rendered
on the application. The failure of any such posted notice sign to remain in place
after the notice has been posted shall not be deemed a failure to comply with
this requirement, nor shall it be grounds to challenge the validity of any
decision made by the community development board.
(j) Applications for waivers.
(1) Public hearings. The city commission shall hold one (1) advertised public hearing on
applications for waivers. The public hearing shall be held on a weekday after 5:00
p.m.
(2) Notice. Notice of all public hearings for applications for waivers shall be provided by
the city manager or their designee in accordance with the following provisions:
a. Published notice. At least ten (10) calendar days prior to the public hearing, an
advertisement giving notice of the public hearing shall be published. The
advertisement shall be placed in a newspaper of general paid circulation in the
city and of general interest and readership in the city, not one (1) of limited
subject matter, pursuant to F.S. ch. 50. The notice shall state the date, time,
place of the public hearing and the place or places within the city where the
application may be inspected by the public. The notice shall also advise that
interested parties may appear at the meeting and be heard regarding the
application.
b. Mailed notice. At least fourteen (14) calendar days prior to the public hearing,
notice shall be sent by U.S. mail to each real property owner whose land is
within three hundred (300) feet of the subject parcel(s) and whose address is
known by reference to the latest ad valorem tax records. The notice shall state
the date, time, place of the public hearing and the place or places within the city
where the application may be inspected by the public. The notice shall also
advise that interested parties may appear at the meeting and be heard
regarding the application. A copy of the notice shall be kept available for public
inspection during the regular business hours of the office of the city clerk.
c. Posted notice. At least fourteen (14) calendar days prior to the public hearing, a
sign identifying the request, including date, time and place of the public
hearing, shall be posted on the subject parcel. Such sign shall be erected in full
view of the public street on each street side of the land subject to the
application. Where the property subject to the request does not have frontage
Supp. No. 44 1432.12
LAND DEVELOPMENT REGULATIONS § 24-51
on a public street, a sign shall be erected at the nearest public right-of-way with
an attached notation indicating the general direction and distance to the land
subject to the application. Sign(s) shall be removed after a decision is rendered
on the application. The failure of any such posted notice sign to remain in place
after the notice has been posted shall not be deemed a failure to comply with
this requirement, nor shall it be grounds to challenge the validity of any
decision made by the city commission.
(k) Applications for uses -by -exception.
(1) Public hearings. The community development board and the city commission shall
each hold one (1) advertised public hearing on applications for uses -by -exception. All
public hearings shall be held on a weekday after 5:00 p.m.
(2) Notice. Notice of all public hearings for applications for uses -by -exception shall be
provided by the city manager or their designee in accordance with the following
provisions:
a. Published notice. At least ten (10) calendar days prior to each public hearing, an
advertisement giving notice of the public hearing shall be published. The
advertisement shall be placed in a newspaper of general paid circulation in the
city and of general interest and readership in the city, not one (1) of limited
subject matter, pursuant to F.S. ch. 50. The notice shall state the date, time,
place of the public hearing and the place or places within the city where the
application may be inspected by the public. The notice shall also advise that
interested parties may appear at the meeting and be heard regarding the
application.
b. Mailed notice. At least fourteen (14) calendar days prior to the first public
hearing, notice shall be sent by U.S. mail to each real property owner whose
land is within three hundred (300) feet of the subject parcel(s) and whose
address is known by reference to the latest ad valorem tax records. The notice
shall state the date, time, place of the public hearing and the place or places
within the city where the application may be inspected by the public. The notice
shall also advise that interested parties may appear at the meeting and be
heard regarding the application. A copy of the notice shall be kept available for
public inspection during the regular business hours of the office of the city clerk.
c. Posted notice. At least fourteen (14) calendar days prior to the first public
hearing, a sign identifying the request, including date(s), time(s) and place(s) of
the public hearing(s), shall be posted on the subject parcel. Such sign shall be
erected in full view of the public street on each street side of the land subject to
the application. Where the property subject to the request does not have
frontage on a public street, a sign shall be erected at the nearest public
right-of-way with an attached notation indicating the general direction and
distance to the land subject to the application. Sign(s) shall be removed after a
decision is rendered on the application. The failure of any such posted notice
Supp. No. 44 1432.13
§ 24-51 ATLANTIC BEACH CODE
sign to remain in place after the notice has been posted shall not be deemed a
failure to comply with this requirement, nor shall it be grounds to challenge the
validity of any decision made by the community development board or the city
commission.
(1) Contest. If no adversely affected party contests the issue of proper notice within thirty
(30) calendar days of the city commission, or the community development board in the case
of variances, rendering its decision, then notice shall be deemed to be in compliance with this
section.
(Ord. No. 90-18-231, § 1(Exh. A), 4-9-18)
Editor's note—Ord. No. 90-18-231, § 1(Exh. A), adopted April 9, 2018, repealed § 24-51
in its entirety and enacted new provisions to read as herein set out. Former § 24-51
pertained to notice of public hearings and derived from Ord. No. 90-10-212, § 2(Exh. A),
adopted March 8, 2010; and Ord. No. 90-12-215, § 1, adopted Nov. 13, 2012.
Secs. 24-52-24-60. Reserved.
Supp. No. 44 1432.14
LAND DEVELOPMENT REGULATIONS § 24-110
Sec. 24-110. Commercial limited district (CL).
(a) Intent. The CL zoning district is intended for low intensity business and commercial
uses, which are suitable within close proximity to residential uses, and which are intended
primarily to serve the immediately surrounding neighborhood. Subject to review as a
use -by -exception, and dependent upon compatibility with existing surrounding residential
uses, certain more intense commercial uses may also be appropriate. Permitted uses in the
CL zoning districts shall not include large-scale discount super -centers or "big -box" retailers
or similar commercial uses intended to serve a regional market. Uses shall also not include
establishments for live entertainment, or adult entertainment establishments, outdoor
entertainment such as putt -putt golf and driving ranges, skateboard facilities, firing ranges,
amusement centers, computer game centers or video game arcades and any type of token or
coin-operated video or arcade games, movie theaters, tattoo or body artists or studios, pawn
shops, billiard and pool halls.
(b) Permitted uses. The uses permitted within the CL zoning districts shall be as follows:
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry
cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as
wearing apparel, toys, sundries and notions, books and stationery, luggage and
jewelry and similar uses; but not sale of lumber, hardware or building materials or
similar products.
(2) Art galleries, libraries, museums and cultural centers.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys, engineers, optometrists
and similar uses.
(5) Business offices such as real estate broker, insurance agents, manufacturing agents
and similar uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Convenience food stores without fuel sales, but not supermarkets.
(8) Restaurants without drive-through facilities.
(9) Government uses, buildings and facilities.
(10) Child care centers in accordance with section 24-152.
(11) Residential use not to exceed the medium density category as established by the
comprehensive plan.
(12) Convenience stores subject to the requirements of chapter 13, article 4 as applicable.
(13) Mixed use projects combining the above permitted uses and those approved as a
use -by -exception pursuant to subsection (c) below.
Supp. No. 44 1465
§ 24-110 ATLANTIC BEACH CODE
(c) Uses -by -exception. Within the CL zoning district, the following uses may be approved
as a use -by -exception.
(1) Medical or dental clinics.
(2) Churches and community centers.
(3) Banks and financial institutions with drive-through facilities.
(4) Printing shops.
(5) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(d) Minimum lot size. The minimum size for lots within the CL zoning district shall be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements for the CL zoning
district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Ten (10) feet.
(f) Building restrictions. The building restrictions within the CL zoning districts shall be:
(1) Maximum impervious surface: Seventy (70) percent. Where existing impervious
surface area exceeds seventy (70) percent on previously developed sites, new
development shall not exceed the pre -construction impervious surface area anti
required landscaping shall be provided in accordance with division 8 of this chapter.
Stormwater management requirements shall apply to infill development and to
redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-18-233, § lb, 6-11-18; Ord. No.
90-18-234, § lb, 6-11-18)
Editor's note—It should be noted that the commission waives the current provisions of
section 24-51 of the Code of Ordinances for mailed notice and signage in the adoption of
Ordinances 90-18-233 and 90-18-234.
Sec. 24-111. Commercial general districts (CG).
(a) Intent. Within the City of Atlantic Beach, the CG zoning district is intended for uses,
which provide general retail sales and services for the City of Atlantic Beach and the closely
surrounding neighborhoods. New development and new uses within these districts should
have direct access to arterial or collector streets, and sites should be designed so that
increased traffic through adjacent residential neighborhoods is avoided. The City of Atlantic
Beach is a predominantly residential community, and it is a stated goal within the
Supp. No. 44 1466
LAND DEVELOPMENT REGULATIONS § 24-111
comprehensive plan that the residential character of the city should be retained. As such,
the appropriate level of intensity for general commercial uses may be less than other
communities with large commercial zones or a more diverse mixture of uses in close
proximity.
(b) Permitted uses. It is not possible to list all potential permitted or prohibited general
commercial uses within this section, but typical uses permitted within the CG zoning district
shall include neighborhood serving uses, which shall mean low intensity commercial uses
intended to serve the daily needs of residents of the surrounding neighborhoods. Such uses
shall not include manufacturing, warehousing, storage or high intensity commercial
activities, or commercial uses of a regional nature, or such uses that have the potential for
negative impacts to surrounding neighborhoods and properties due to excessive traffic,
noise, light or extremely late hours of operation or other factors that may adversely affect
existing commercial uses or any nearby residential uses.
Permitted uses shall also not include adult entertainment establishments, indoor or
outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way,
amusement or game centers, tattoo or body artists, pawn shops, bingo halls, billiard or pool
halls, game arcades, gaming, video poker establishments, computer game centers, or games
played on individual machines or computers, including any type of card, token or
coin-operated video or simulated games or similar activities or machines which are played
for any type of compensation or reward.
Where a proposed use is not specifically listed in this section, the permissibility of the use
will be determined based upon its similarity to listed uses and the compatibility and
potential for adverse impacts to existing nearby uses. The uses permitted in the CG zoning
district shall include the following subject to the limitations as set forth within [the]
following subsection (d). Unless otherwise and specifically provided for herein, all business
activities, products for sale and services must be located within an enclosed building
properly licensed for such use.
(1) Retail outlets for the sale of food and nonprescription drugs, wearing apparel, toys,
books and stationery, luggage, jewelry, art, florists, photographic supplies, sporting
goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but
not wholesale bakery), home furnishings and appliances, office equipment and
furniture, hardware, lumber and building materials, auto, boat and marine related
parts, and similar retail uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants with
indoor or outdoor seating areas but without drive-through facilities, health clubs and
gyms, laundry or dry cleaner, funeral home, printing, radio and television and
electronics repair, lawn care service, pest control companies, surf board repair in
association with surf shops, but not the production of surfboards, and similar service
uses.
(3) Banks with or without drive-through facilities, loan companies, mortgage brokers,
stockbrokers, and similar financial service institutions.
Supp. No. 44 1467
§ 24-111 ATLANTIC BEACH CODE
(4) Child care centers in accordance with section 24-152.
(5) Business and professional offices.
(6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock
may be located outside of the adjacent building licensed for such business, provided
no obstruction to walkways, parking and internal driving aisles is created.
(7) Retail sale of beer and wine only for off -premises consumption.
(8) On -premises consumption of beer and wine only in conjunction with a full service
restaurant, which is a food service use where unpackaged ready -to -consume food is
prepared onsite and served to the customer while seated at tables or counters located
in a seating area within or immediately adjacent to the building.
(9) Minor automotive services.
(10) Theaters, but not a multi -screen (exceeding two (2) screens) or regional Cineplex.
(11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as
defined within section 24-17.
(12) Institutional and government uses, buildings and facilities.
(13) Churches in accordance with section 24-153.
(14) A single dwelling unit, where such dwelling is an accessory use to the principal use
and located within the same building as the principal use. Such dwelling unit is
intended to be occupied by the owner or an employee of the principal use.
(15) Those uses listed as permitted uses and uses -by -exception in the commercial limited
and commercial, professional and office zoning districts.
(16) Residential use, consistent with the comprehensive plan, which permits residential
uses not exceeding the medium density category when in conjunction with, or
adjacent to commercial development and redevelopment, provided that such residential
development shall not be permitted within the coastal high hazard area. Policy
A.1.11.1(b).
Single-family residential uses within the CG zoning districts existing as of the initial
effective date of these land development regulations shall be considered as vested
development.
(17) Mixed use projects combining the above uses and those approved as a use -by -
exception pursuant to subsection (c) below.
(18) Pharmacies and medical marijuana treatment center dispensing facilities subject to
the requirements of section 24-169.
(19) Gas stations, subject to the requirements of section 24-165.
(20) Convenience stores subject to the requirements of chapter 13, article 4 as applicable.
(21) Electric charging stations.
Supp. No. 44 1468
LAND DEVELOPMENT REGULATIONS § 24-111
(22) Car washes.
(c) Uses -by -exception. Within the CG zoning district, the following uses may be approved
as a use -by -exception where such proposed uses are found to be consistent with the uses
permitted in the CG zoning districts with respect to intensity of use, traffic impacts and
compatibility with existing commercial uses and any nearby residential uses:
(1) Pet kennel and facilities for the boarding of animals.
(2) Veterinary clinic.
(3) On -premises consumption of alcoholic beverages in accordance with chapter 3 of this
Code.
(4) Restaurants with drive-through service where the site contains lanes dedicated
solely to drive-through business (this shall not be construed to prohibit restaurants
with carry -out service, which are a permitted use).
(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture, construc-
tion, heavy assembly involving hoists or lifts, or equipment that makes excessive
noise or fumes shall be permitted. Not more than one (1) contractor related vehicle
shall be parked outdoors on a continuous basis.
(7) Produce and fresh markets with outdoor sale and display of garden produce only.
(8) Cabinet shops, woodworking shops and surfboard production.
(9) Hospitals.
(10) Sale of new and used automobiles, motorcycles and boats, and automotive leasing
establishments, but not temporary car, truck, boat or motorcycle shows or displays.
(11) Businesses offering live entertainment, not including adult entertainment establish-
ments as defined by Section 847.001(2), Florida Statutes.
(d) Limitations on certain uses. Permitted uses within the CG zoning district shall not
include large-scale retail establishments, which for the purposes of this chapter shall be
defined by their size and as follows:
Large-scale retail establishments shall include those businesses, whether in a
stand-alone building or in a multi -tenant building, which occupy a floor area
exceeding sixty thousand (60,000) square feet including any interior courtyards, all
areas under roof and also any other display, sales or storage areas partially or fully
enclosed by any means including walls, tarps, gates or fencing. Large-scale retail
establishments are commonly referred to as "big -box" retailers, discount department
stores, super -centers, warehouse clubs or by similar terms. Such establishments may
offer a similar type of products such as electronics or appliances or office products,
but more typically offer a wide variety of general merchandise and departments,
which may include home improvement, house -wares and home furnishings, sporting
Supp. No. 44 1469
§ 24-111 ATLANTIC BEACH CODE
goods, apparel, pharmacy, health and beauty products, automotive parts and services
and may also include grocery items. This definition shall not be construed to limit
the overall size of shopping centers as these are defined within section 24-17, but
shall apply to any building where businesses with separate local business tax
receipts may share the same interior space of a building which is not separated into
individual units by structural fire rated walls or that do not contain separate and
distinct exterior entrances.
Intent. The intent of this limitation is to ensure that the city's limited commercial
areas are developed or redeveloped with uses that are compatible with the
residential character of the city and further, to implement related goals, objectives,
and policies of the 2015 Comprehensive Plan, restated in part as follows.
Commercial and light industrial development shall be located and designed so as to
minimize adverse effects on residential areas, traffic facilities and the aesthetic
character of the city (Policy A.1.5.7).
(1) The city shall provide for land use, development and redevelopment in an efficient
manner, which supports the land use designations as set forth within the 2015
Future Land Use Map; which enforces the residential densities and the limitations
upon the type and intensity of uses, and which results in development appropriate to
the sensitive coastal location of the city, particularly with respect to the predominantly
residential character and small-town scale of the city (Objective A.1.11—Appropriate
land use patterns).
(2) The city shall encourage future development and redevelopment, which retains the
exceptionally high quality of life and the predominantly residential character of the
City of Atlantic Beach (Objective A.1.3—Maintaining residential character).
(e) Minimum lot size. The minimum size for lots within the commercial general zoning
district shall be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(f) Minimum yard requirements. The minimum yard requirements within the commercial
general zoning district shall be:
(1) Front yard: Twenty (20) feet, except that the front yard may be reduced to ten (10)
feet where required off-street parking is located at the rear or side of the building
site, and the primary business entrance is designed to face the street.
(2) Rear yard: Ten (10) feet.
(3) Side yard: Ten (10) feet where adjacent to existing residential use. Otherwise, a
combined fifteen (15) total feet with a five (5) feet minimum on either side.
Supp. No. 44 1470
LAND DEVELOPMENT REGULATIONS § 24-112
(g) Building restrictions. The building restrictions in the commercial general zoning
district shall be as follows:
(1) Maximum impervious surface: Seventy (70) percent. Where existing impervious
surface area exceeds seventy (70) percent on previously developed sites, new
development shall not exceed the pre -construction impervious surface area, and
required landscaping shall be provided in accordance with division 8 of this chapter.
Stormwater management requirements shall apply to infill development and to
redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(3) Parking. Off-street parking shall be provided in accordance with section 24-161 of
this chapter. Where existing uses, which do not provide the required number of
off-street parking spaces as set forth within subsection 24-161(g) are replaced with
similar uses (such as a restaurant replacing a restaurant), with no expansion in size
or increase in number of seats, additional parking shall not be required. Any
increase in floor area or expansion in building size, including the addition of seats
shall require provision of additional parking for such increase or expansion.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-18-233, § lc, 6-11-18; Ord. No.
90-18-234, § lc, 6-11-18)
Editor's note—It should be noted that the commission waives the current provisions of
section 24-51 of the Code of Ordinances for mailed notice and signage in the adoption of
Ordinances 90-18-233 and 90-18-234.
Sec. 24-112. Light industrial and warehousing districts (LIW).
(a) Intent. The light industrial and warehousing zoning district is intended for light
manufacturing, storage and warehousing, processing or fabrication of nonobjectionable
products, not involving the use of materials, processes or machinery likely to cause
undesirable effects upon nearby or adjacent residential or commercial activities. Heavy
industrial uses generally identified as industry groups 32-37 by the Standard Industrial
Classification (SIC) Code Manual issued by the United States Office of Management and
Budget shall not be permitted within the LIW district.
(b) Permitted uses. The uses permitted within the light industrial and warehousing
zoning district shall be:
(1) Wholesaling, warehousing, Mini -warehouses and personal self -storage, storage or
distribution establishments and similar uses.
(2) Light manufacturing, packaging or fabricating, without noxious or nuisance odors or
hazardous operations, within completely enclosed buildings.
(4) Contractor's yards with outdoor storage. Required front yards yard shall not be used
for storage, and a six-foot visual barrier shall be installed around such storage areas
so as to conceal view from adjacent properties and streets.
Supp. No. 44 1471
§ 24-112 ATLANTIC BEACH CODE
(5) Heating and air conditioning, plumbing and electrical contractors, wholesale baker-
ies and similar uses.
(6) Vocational, technical or trade schools (except truck or tractor driving schools) and
similar uses.
(7) Government buildings, uses and facilities.
(8) Minor automotive repair, and boat, trailer or surfboard repair of a minor nature.
(c) Uses -by -exception. Within the light industrial and warehousing zoning district, the
following uses may be approved as a use -by -exception.
(1) Bulk storage of flammable liquids or gases subject to provisions of county and state
fire codes.
(2) Radio, TV and telecommunications transmitting tower.
(3) Concrete batching plants.
(4) Establishments for sale of new and used automobiles, motorcycles, trucks and
tractors, boats, automobile parts and accessories (except salvage yards), machinery
and equipment, farm equipment, lumber and building supplies, mobile homes,
monuments and similar sales establishments.
(5) Establishments for heavy automotive repair, towing service or the permanent
storage of automobiles, motorcycles, trucks and tractors, boats, machinery and
equipment, farm equipment and similar uses.
(6) Welding shops, metal fabrication and sheet metal works.
(7) Manufacture and production of boats and surfboards.
(8) Processing (excluding animal processing and slaughterhouses).
(9) Wholesale food processing.
(d) Minimum lot size. The minimum size for lots within the LIW district shall be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements for the LIW zoning
districts shall be as follows:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Ten (10) feet.
(3) Side yard: Ten (10) feet.
Supp. No. 44 1472
LAND DEVELOPMENT REGULATIONS § 24-112
(f) Building restrictions. The building restrictions for the LIW zoning district shall be as
follows:
(1) Maximum impervious surface: Seventy (70) percent. The maximum impervious
surface shall not apply to infill development or redevelopment of previously
developed sites. Where existing development exceeds seventy (70) percent, redevelop-
ment shall not increase impervious surface area beyond that existing. Required
landscaping shall be provided in accordance with division 8 of this chapter.
Stormwater management requirements shall apply to infill development and to
redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Supp. No. 44 1472.1
LAND DEVELOPMENT REGULATIONS § 24-165
Sec. 24-165. Gas stations.
Notwithstanding other provisions of the City's Code of Ordinances, the following
provisions shall apply to the location, design, construction, operation and maintenance of gas
stations and the property upon which they are located. In cases of conflict, the following
provisions shall be applicable:
(a) Lot dimensions. A lot containing a gas station shall be of adequate width and depth
to meet all setback requirements, but in no case shall a corner lot have less than two
(2) street frontages of at least one hundred fifty (150) feet each and an area of at least
twenty-two thousand five hundred (22,500) square feet, and an interior lot shall have
a street frontage of at least one hundred (100) feet and a minimum area of fifteen
thousand (15,000) square feet.
(b) Access to site. Vehicular entrances or exits for gas stations shall:
(1) Not be provided with more than two (2) curb cuts for the first one hundred (100)
feet of street frontage or fraction thereof;
(2) Contain an access width along the curb line of the street of not more than forty
(40) feet as measured parallel to the street at its narrowest point, and not be
located closer than one hundred (100) feet from a street intersection along any
arterial or collector street and/or closer than fifty (50) feet from a street
intersection on a local street or closer than ten (10) feet from adjoining property;
(3) Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at
both the right-of-way line and the curb or edge of the pavement along a single
street.
(c) Location of fuel pumps and structures. No principal or accessory building shall be
located within fifteen (15) feet of the lot line of any property that is residentially
zoned. No fuel pump shall be located within twenty (20) feet of any street
right-of-way line nor within two hundred fifty (250) feet of the lot line of any property
that is residentially zoned.
(d) Lighting. All lights and lighting, including lighting related to signage, on a property
with a gas station shall be so designed and arranged so that no source of light shall
be directly visible from any residential zoning district; this provision shall not be
construed to prohibit interior lighted signs. Illumination values at a property line
abutting a residentially zoned property shall not be more than 0.2 fc. The
illumination values at all other property lines shall not be more than 1.0 fc. All
lighting elements must be consistent in their design throughout the development, be
shielded with an opaque material, have cutoff luminaries with less than a ninety -
degree (90) angle (down lighting), and may be no more than twenty (20) feet in
height. Measurements of light readings shall be taken along any subject property
line with a light meter facing the center of the property at six-foot intervals.
(e) Number of fuel pumps. The maximum number of fuel pumps permitted within a
single development shall be four (4).
Supp. No. 44 1497
§ 24-165 ATLANTIC BEACH CODE
(f) Frontage on commercial arterials. Gas stations shall be located on properties with
frontage on Atlantic Boulevard or Mayport Road.
(g) Enhanced landscaping. In conjunction with the requirements of article III, division
8 of this chapter, no less than one (1) shade tree shall be located within twenty-five
(25) feet of each property line, for every twenty-five (25) linear feet, or fraction
thereof. In addition, one (1) understory tree shall be located within twenty-five (25)
feet of each property line, for every fifteen (15) linear feet, or fraction thereof. Trees
may be clustered, but shall be no more than fifty (50) feet apart. A variance of up to
a maximum twenty-five (25) percent of the enhanced landscaping may be applied for
if an applicant can demonstrate valid site constraints due to a property's natural
features or conflicts with other design requirements such as parking, drainage, or
utilities. Any required trees not planted as a result of an approved variance shall
require in lieu payment as described in chapter 23 of the city's Code of Ordnances,
into the tree conservation trust fund.
Variances. Applications to vary from the requirements of this section shall follow the
procedures set forth in subsections 24-64.
Hours of operation. The hours of operation shall be restricted to between 5:00 a.m.
and 12:00 a.m. on a twenty -four-hour cycle.
Signage. Any signage on the exterior of the building is strictly prohibited that uses
motion pictures, video screens, lasers, light projections, sounds, blinking, flashing,
fluttering, inflatable objects, banners, flags, streamers, balloons, or items of similar
nature to grab attention. All externally oriented signs on a subject property related
to branding and consumable products shall count towards the total signage
allowance for the property. Any unpermitted signage, regardless of size and location,
for consumable products shall be considered a violation of this section.
(k) Outdoor sales of consumable goods. Outdoor sales of consumable goods such as ice,
newspapers, propane, videos, vending machines, or products of similar nature shall
be screened from the view of any public right-of-way and any property zoned
residential.
(1) Buffer distance between gas stations. Gas stations seeking operation within the city's
municipal boundaries after June 11, 2018 shall not be permitted within one quarter
(1/4) mile of another gas station. This buffer distance calculation shall be applied to
gas stations located both inside and outside the municipal boundaries of the city.
(m) Car washes and auto service repair (minor or major) shall not be considered principal
or accessory uses in conjunction with a gas station.
(n) Effect on existing gas stations. As of June 11, 2018, any gas station in existence and
operating in compliance with all applicable city Code requirements in effect prior to
the adoption of this Ordinance 90-18-233, or lawfully under construction, that would
become non -conforming by virtue of the adoption of this Ordinance 90-18-233, will be
considered conforming with regards to use, hours, location, design, construction,
Supp. No. 44 1498
LAND DEVELOPMENT REGULATIONS § 24-165
operation, maintenance, design guidelines and other applicable provisions of the
city's Code of Ordinances if the facility remains in operation. Such existing gas
stations shall be required to comply with all applicable city Code of Ordinance
provisions in effect prior to the adoption of this ordinance. If any valid application
has been received by the city for a permit, site development plan, license, variance,
or other approval or compliance determination which is required by the city relative
to the development of a gas station prior to the adoption of this Ordinance 90-18-233,
compliance with the provisions of the city's Code of Ordinances, including without
limitation, this chapter 24, in effect at the time of such receipt shall be required.
(o) Discontinuance and abandonment of use. As of June 11, 2018, any gas station that
has discontinued operation or has been abandoned for a period of six (6) months shall
not be re-established unless it complies with the requirements of this addition, one
(1) understory tree shall be located within twenty-five (25) feet of each property line,
for every fifteen (15) linear feet, or fraction thereof. Trees may be clustered, but shall
be no more than fifty (50) feet apart. A variance of up to a maximum twenty-five (25)
percent of the enhanced landscaping may be applied for if an applicant can
demonstrate valid site constraints due to a property's natural features or conflicts
with other design requirements such as parking, drainage, or utilities. Any required
trees not planted as a result of an approved variance shall require in lieu payment as
described in chapter 23 of the city's Code of Ordnances, into the tree conservation
trust fund.
(h) Variances. Applications to vary from the requirements of this section shall follow the
procedures set forth in section 24-64.
(i) Hours of operation. The hours of operation shall be restricted to between 5:00 a.m.
and 12:00 a.m. on a twenty -four-hour cycle.
(j) Signage. Any signage on the exterior of the building is strictly prohibited that uses
motion pictures, video screens, lasers, light projections, sounds, blinking, flashing,
fluttering, inflatable objects, banners, flags, streamers, balloons, or items of similar
nature to grab attention. All externally oriented signs on a subject property related
to branding and consumable products shall count towards the total signage
allowance for the property. Any unpermitted signage, regardless of size and location,
for consumable products shall be considered a violation of this section.
(k) Outdoor sales of consumable goods. Outdoor sales of consumable goods such as ice,
newspapers, propane, videos, vending machines, or products of similar nature shall
be screened from the view of any public right-of-way and any property zoned
residential.
(1) Buffer distance between gas stations. Gas stations seeking operation within the city's
municipal boundaries after June 11, 2018 shall not be permitted within one quarter
(1/4) mile of another gas station. This buffer distance calculation shall be applied to
gas stations located both inside and outside the municipal boundaries of the city.
Supp. No. 44 1498.1
§ 24-165 ATLANTIC BEACH CODE
(m) Car washes and auto service repair (minor or major) shall not be considered principal
or accessory uses in conjunction with a gas station.
(n) Effect on existing gas stations. As of June 11, 2018, any gas station in existence and
operating in compliance with all applicable city Code requirements in effect prior to
the adoption of this Ordinance 90-18-233, or lawfully under construction, that would
become non -conforming by virtue of the adoption of this Ordinance 90-18-233, will be
considered conforming with regards to use, hours, location, design, construction,
operation, maintenance, design guidelines and other applicable provisions of the
city's Code of Ordinances if the facility remains in operation. Such existing gas
stations shall be required to comply with all applicable city Code of Ordinance
provisions in effect prior to the adoption of this ordinance. If any valid application
has been received by the city for a permit, site development plan, license, variance,
or other approval or compliance determination which is required by the city relative
to the development of a gas station prior to the adoption of this Ordinance 90-18-233,
compliance with the provisions of the city's Code of Ordinances, including without
limitation, this chapter 24, in effect at the time of such receipt shall be required.
(o) Discontinuance and abandonment of use. As of [June 11, 2018], any gas station that
has discontinued operation or has been abandoned for a period of six (6) months shall
not be re-established unless it complies with the requirements of this Ordinance
90-18-233. Any reconstruction under subsection (p) below, which is continuing in
good faith, shall not constitute a discontinuance or abandonment of the use.
(p) Reconstruction. Reconstruction of an existing gas station that is deemed conforming
under subsection (n) above is permitted at any time and for any reason, including
casualty loss, voluntary demolition and rebuilding, or implementation of a facade
renovation, site renovation or modernization, provided that after such reconstruction
the gas station must comply with the use, hours, location, design, construction,
operation, maintenance, design guidelines and other applicable city Code require-
ments in effect prior to the adoption of this Ordinance 90-18-233.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-18-233, § ld, 6-11-18)
Editor's note—Ord. No. 90-18-233, § 1d, adopted June 11, 2018, changed the title of
§ 24-165 from "Service stations" to read as herein set out.
It should be noted that the commission waives the current provisions of section 24-51 of the
Code of Ordinances for mailed notice and signage in the adoption of Ordinance 90-18-233.
Sec. 24-166. Signs.
Signs shall be governed as set forth within chapter 17 of this Code, signs and advertising
structures.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Supp. No. 44 1498.2
LAND DEVELOPMENT REGULATIONS § 24-169
Sec. 24-167. Required buffers between residential and nonresidential uses.
When new development, or a change of use is proposed in any nonresidential zoning
district that adjoins a lot in residential use, either to the side or to the rear, buffers as
described below shall be provided.
(a) Where nonresidential development is proposed adjacent to residential development,
there shall be a solid masonry wall, or wood fence, shrubbery or landscaping as
approved by the designated administrative official, along required rear and required
side yards. Such buffer shall be a minimum of five (5) feet in height, except that
within required front yards, such buffer shall be four (4) feet in height. Required
buffers shall be constructed and maintained along the entire length of the adjoining
lot line.
(b) Where landscaping is used as the required buffer, such landscaping shall provide one
hundred (100) percent opacity within twelve (12) months of installation.
(c) Where a wall or fence is used, such wall or fence shall be constructed on the
nonresidential property or the property line, and height of the wall or fence shall be
measured from the finished grade of the nonresidential property, whether filled or
not. However, in no case shall a wall exceed eight (8) feet in height as measured from
the lowest side. Buffer walls and fences as required by this section may be
constructed to a maximum height of eight (8) feet, subject to approval of the
designated administrative official upon demonstration that such height is required
to provide adequate buffering between uses.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-168. Land clearing, tree removal or damage to existing trees and vegeta-
tion.
The removal or damage of a trees and vegetation shall be governed by chapter 23, article
II. No lands shall be cleared or grubbed, and no vegetation on any development site
disturbed, prior to issuance of all required approvals and development permits authorizing
such clearing. Prior to the commencement of any clearing operations, erosion and sediment
control best management practices shall be installed and inspected by a public works erosion
and sediment control inspector.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-169. Pharmacies and medical marijuana treatment center dispensing
facilities.
(a) Pharmacies and medical marijuana treatment center dispensing facilities shall not be
located within five hundred (500) feet of the real property comprising each of the following:
(1) Another pharmacy or another medical marijuana treatment center dispensing
facility located within the city limits;
Supp. No. 44 1498.3
§ 24-169 ATLANTIC BEACH CODE
(2) Public and private elementary, middle or secondary schools, including but not limited
to those outside the city limits; and
(3) Religious institutions, including but not limited to those outside the city limits.
(b) Pharmacies and medical marijuana treatment center dispensing facilities shall be
located on a parcel with frontage on either Atlantic Boulevard or Mayport Road.
(c) Doors and entryways of medical marijuana treatment center dispensing facilities and
pharmacies typically used by customers for access to a building, not to include doors
intended to be used solely as delivery doors or emergency exits, shall be located at least one
hundred (100) feet from a residentially zoned property line as demonstrated by a survey
provided upon request by the city.
(d) Medical marijuana treatment center dispensing facilities shall operate in compliance
with F.S. § 381.986, as amended, and any applicable regulations promulgated by the State of
Florida.
(e) Pharmacies shall operate in compliance with F.S. ch. 465, as amended, as any
applicable regulations promulgated by the state.
(Ord. No. 90-18-234, § 2, 6-11-18)
Editor's note—It should be noted that the commission waives the current provisions of
section 24-51 of the Code of Ordinances for mailed notice and signage in the adoption of
Ordinance 90-18-234.
Sec. 24-170. Reserved.
Sec. 24-171. Commercial corridor development standards.
(a) Intent. The following additional standards and requirements shall apply to those
lands within all commercial zoning districts that are located along arterial street corridors
within the City of Atlantic Beach. The intent of these additional requirements is to: Enhance
the aesthetic and physical appearance of these gateways into the city; enhance and retain
property values; promote appropriate redevelopment of blighted areas; and to create an
environment that is visually appealing and safe for pedestrians, bicycles and vehicular
traffic.
(b) Delineation of commercial corridors. Within the City of Atlantic Beach, commercial
corridors shall be defined as the lands extending a depth of one hundred (100) feet from the
outer edges of the rights-of-way along Mayport Road and Atlantic Boulevard, in those zoning
districts designated as commercial general (CG), commercial limited (CL) and commercial,
professional office (CPO).
Supp. No. 44 1498.4
LAND DEVELOPMENT REGULATIONS § 24-174
(4) Trim work, eaves, soffits, gutters, shutters, and decorative features are not broken
and are securely attached as intended.
(5) Household items of any type that are customarily intended to be used and
maintained within the interior of a residence are not stored or discarded in any
location on a lot that is visible from a street. Similarly, within the rear or side yards
of a lot, such items are not stored in a manner or amount such that an unsightly
nuisance to neighboring properties or an environment that attracts rodents, insects,
or other animals and pests is created.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-174. Boats and watercraft.
For the purposes of this section, the term "watercraft" shall include every type of boat or
vessel or craft intended to be used or capable of being used or operated, for any purpose, on
waters within the City of Atlantic Beach. These provisions shall apply to all waters over
which the city has jurisdictional authority and shall not be construed to apply to waters
under the sovereign control of the State of Florida, except as similarly addressed in state law.
(a) Intent. The purpose and intent of this section is stated as follows:
(1) To protect water quality and environmentally sensitive areas within and
adjacent to the City of Atlantic Beach;
(2) To protect vegetative communities, wildlife habitats and the natural functions
of fisheries, wetlands and estuarine marshes;
(3) To protect the rights of the public to use waterways for navigation and
recreation including the temporary or overnight anchoring of boats; and
(4) To prohibit the permanent mooring and storage of privately owned watercraft
within tributaries and deepwater channels adjoining the intracoastal waterway
in that such activity has the potential to create obstacles to safe navigation and
to interfere with rights of navigation and recreational use and also to create
hazards to persons and property where such watercraft may not be attended or
secured during storm or hurricane events.
(b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged,
from any watercraft or dock any sewage, refuse, garbage, fuel or other contaminants
or any waste material into waters within the City of Atlantic Beach.
(c) Damage to or destruction of environmentally sensitive areas. It shall be unlawful for
any person to operate, dock, moor or anchor any watercraft in a manner that causes
damage or adverse impacts to any marine or water resource, wildlife habitat or other
environmentally sensitive areas as defined within this chapter and as set forth
within the conservation and coastal management element of the comprehensive
plan.
Supp. No. 44 1505
§ 24-174 ATLANTIC BEACH CODE
(d) Public docks and anchoring and mooring restrictions.
(1) Within the waters of Tideviews Preserve and Dutton Island Preserve docking or
anchoring shall be restricted to nonmotorized boats and watercraft or to those
equipped only with electric trolling motors.
(2) Within the waters of the River Branch Preserve, no watercraft or floating
structure shall be permanently anchored or moored, or tethered to the shore in
any manner, it being the express intent of the city that these natural resources
of the city be held in the public trust and not used for permanent mooring or
storage of privately owned watercraft. Nontrailered watercraft that are observed
and documented to be within the waters of the River Branch Preserve for
periods of longer than one (1) week, or for which the registered owner can
provide no proof of where the watercraft is elsewhere kept, shall be presumed to
be permanently kept in the preserve and shall be in violation of this Code and
subject to established code enforcement action or other remedies available
under applicable law.
(3) No permanent mooring device shall be placed within any waters east of the
right-of-way of the intracoastal waterway as delineated by the United States
Army Corps of Engineers or within any of it connected creeks or tributaries.
(e) Live -aboard vessels prohibited. Live -aboard vessels shall be prohibited within all
waters under the jurisdictional authority of the City of Atlantic Beach. Live -aboard
vessel shall mean:
(1) Any vessel used solely as a residence and not for navigation; or
(2) Any vessel represented as a place of business, a professional or other com-
uieiciat i,ei ise; ur`
(3) Any vessel for which a declaration of domicile as a legal residence has been filed
pursuant to Section 327.02.222.17, Florida Statutes.
A commercial fishing boat is expressly excluded from the term live -aboard vessel,
and this prohibition shall not be construed to include watercraft or cruising vessels
that are engaged in recreational activities or navigation and traveling along the
intracoastal waterway from anchoring temporarily or overnight.
(f) Private property rights. These provisions shall not be construed or enforced to diminish
any lawfully established riparian rights or rights of navigation, access or view entitled to
private property owners.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-175. Mayport business overlay district.
(a) Purpose and intent. The purpose and intent of the Mayport business overlay district is
to encourage economic development by providing for a mix of uses in the commercial and
light industrial zoned properties located within the Mayport business overlay district.
Supp. No. 44 1506
LAND DEVELOPMENT REGULATIONS § 24-175
(b) Applicability. The Mayport business overlay district provisions set forth within this
section shall apply to all use, development and redevelopment of certain commercial limited
("CL"), commercial general ("CG") and light industrial and warehouse ("LIW") zoned
properties located within the boundaries of the Mayport business overlay district, as more
particularly shown on Map A, attached hereto and made a part hereof and described as
follows:
Atlantic Boulevard between Mayport Road and the southerly extension of Main Street on
the south;
Main Street, including the southerly extension to Atlantic Boulevard and North Main
Street on the west;
Dutton Island Road West between North Main Street and Mayport Road on the north; and
Mayport Road between Atlantic Boulevard and Dutton Island Road West on the east,
including those properties with frontage on Mayport Road on the east side of Mayport
Road and north of North Forrestal Circle.
(c) Permitted uses. The permitted uses on properties zoned CL, CG and LIW which are
included within the Mayport business overlay district shall include those uses enumerated
in the property's respective zoning district or districts, as well as any of the following uses:
(1) Services establishments where a service is provided on-site, such as restaurants,
banks, barbers, tailors, gyms, printers, fine arts school, on-site repairmen, minor
automotive repair, and child care centers.
(2) Retail sales of goods such as food, pharmaceuticals, clothing, jewelry, toys, books,
flowers, art, home furnishings, home appliances, automotive parts, nursery plants,
beer and wine only for off -premises consumption.
(3) Professional and business offices such as doctors, lawyers, architects, and real estate
brokers.
(4) On -premises consumption of beer and wine in conjunction with a restaurant, where
at least fifty-one (51) percent of sales are from food and non-alcoholic beverages.
(5) Other than breweries or distilleries, wholesale operations in conjunction with
on -premises retail sales, where at least fifty-one (51) percent of sales are from
on -premises retail sales.
(6) Craftsmen and artist operations in conjunction with on -premises retail and service
establishments, such as furniture repair with woodworking, artists' studios with
retail sales, surfboard repair with surfboard production, metal welding with
decorative iron works and tap room with brewery or distillery, provided the gross
enclosed square footage does not exceed two thousand five hundred (2,500) and that
all such operations take place within enclosed buildings.
(7) Contractors where work is performed off-site, such as plumbing, electrical, heating
and air conditioning, lawn care, and pest control.
Supp. No. 44 1506.1
§ 24-175 ATLANTIC BEACH CODE
(8) Hotels, motels, resorts, and short-term rentals as defined in section 24-17.
(9) Non -amplified live entertainment performed within an enclosed building, not
including adult entertainment establishments as defined by F.S. § 847.001(2).
(10) Civic centers such as libraries, museums and cultural centers.
(11) Religious institutions in accordance with section 24-153.
(12) Mixed use projects combining the uses above, and/or those permitted by right by the
zoning district as applicable.
In the event of a conflict between the uses authorized by a respective zoning district
and in this subsection, the least restrictive regulation shall be applicable.
(d) Uses -by -exception. The use -by -exception uses on properties zoned CL, CG and LI/
which are included within the Mayport business overlay district shall include those uses
enumerated as uses -by -exception in the property's respective zoning district or districts, as
well as any of the following uses:
(1) Veterinary clinics, pet grooming, pet day cares, and pet kennels including those for
the overnight boarding of animals.
(2) Hospitals.
(3) On -premises consumption of alcoholic beverages, other than restaurants with
on -premises consumption and tap rooms as described in section 24-175(c)(4) and (6)
respectively.
(4) Retail sale of gasoline, diesel, propane, hydrogen, electricity for battery charging or
other fuels intended for use in motors.
(5) Sale of new and used automobiles, motorcycles, boats and street legal electric
vehicles, and automotive leasing establishments.
(6) Drive-through facilities including those in association with restaurants, banks, retail
establishments, pharmacies and ice vending machines.
(7) Mixed use projects combining the uses above, as approved, and/or those in subsection
(c) above as well as those permitted by right or use -by -exception by the zoning
district as applicable.
(8) Craftsmen and artist operations in conjunction with on -premises retail and service
establishments, such as furniture repair with woodworking, artists' studios with
retail sales, surfboard repair with surfboard production, metal welding with
decorative iron works and tap room with brewery or distillery, provided that all such
operations take place within enclosed buildings, if the gross enclosed square footage
exceeds two thousand five hundred (2,500).
In the event of a conflict between the uses authorized by a respective zoning district and
in this subsection, the least restrictive regulation shall be applicable.
Supp. No. 44 1506.2
LAND DEVELOPMENT REGULATIONS § 24-175
(e) Commercial vehicle regulations. Commercial vehicles parked on CL, CG or LIW
properties with a local business tax receipt and which are included within the Mayport
business overlay district are permitted, provided that they are parked within the confines of
a property on a stabilized surface such as asphalt, concrete or pavers and are properly
registered. Commercial vehicles shall include all cars, trucks, vans, trailers and other
vehicles authorized to operate on public streets.
(f) Outside storage regulations. The following provisions regarding fencing and landscap-
ing shall be applicable to the use, development and redevelopment of CL, CG or LIW zoned
properties which are included within the Mayport business overlay district, in addition to
other fencing and landscaping regulations contained within the city's Code of Ordinances;
provided, however, that, in the event of a conflict between the express provisions below and
any other fencing or landscaping regulations, the express provisions below shall apply.
For property with a local business tax receipt where outside storage of equipment, trailers,
materials, products not intended for immediate sale as permitted elsewhere in the Code, or
other similar items occurs in side and rear yards (only other than properly registered, as
applicable, commercial vehicles in accordance with subsection (e) above):
All such outside storage shall be screened from view with fencing and landscaping so that
no significant portion is visible from the street or adjoining properties in accordance with the
following provisions:
(1) Fencing shall be made of wood, vinyl or masonry, except that exposed plain concrete
block shall not be permitted.
(2) Fencing shall be at least eighty-five (85) percent opaque.
(3) Fencing height and location shall be as follows:
a. Six (6) feet tall in any side yard adjoining a street and located at least ten (10)
feet from the property line.
b. Six (6) feet tall in side yards not adjoining a street and rear yards, except where
permitted to be taller by this chapter, and located on the property line.
(4) Landscaping with proper irrigation shall be required in the area between property
lines and fencing in side yards which adjoin a street on corner lots as follows:
a. A continuous line of shrubs no taller than three (3) feet, provided clear
sightlines exist at intersections and driveways in accordance with chapter 19;
and
b. At least one (1) tree found in the City of Atlantic Beach recommended tree list
in chapter 23 of the Code of Ordinances for every twenty-five (25) linear feet of
street frontage excluding driveways. The trees may be clustered, but shall be no
more than fifty (50) feet apart. Fifty (50) percent of all trees shall be shade
trees. Palms may be substituted for the required trees at a ratio of two (2) palms
for each required tree or four (4) palms for each required shade tree.
Supp. No. 44 1506.3
§ 24-175 ATLANTIC BEACH CODE
(5) All fencing and landscaping improvements on corner lots shall meet the sight -line
provisions contained in chapter 19, as may be amended, of the city's Code of
Ordinances.
(g) Effect of other Code provisions. Except as expressly modified by the provisions of this
section, all other provisions of sections 24-110, 24-111 and 24-112, as may be amended, of the
city's Code of Ordinances, as well as other applicable provisions in the city's Code of
Ordinances, shall remain valid and in full force and effect as to the use, development and
redevelopment of all CL, CG and LIW zoned properties within the Mayport business overlay
district.
(Ord. No. 90-17-228, § 2, 10-9-17)
DIVISION 8. LANDSCAPING
Sec. 24-176. Definitions.
For the purposes of this division, the following terms shall have the meanings as set forth
within this section. Where applicable and appropriate to the context, definitions as set forth
within chapter 23 of this Code, vegetation, shall be used in conjunction with these terms and
the requirements of this chapter.
Supp. No. 44 1506.4
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
58-17-40 4-24-17 1 2-300
2 2-301
3 2-303(f)(2)c.
4 2-305(a)
5 2-310.4(h), (1)(2)
Added 2-310.4(m)
6 2-310.5(b)(2)d.
7 2-310.16(5)
8 Added 2-310.18(a)(3)
2-310.18(b)(5)a.,
(c)(2)b.
Added 2-310(f)(1)—(4)
Rnbd 2-310(f)(1)—(9)
as 2-310(f)(5)—(13)
9 Added 2-310.19
58-17-41 4-24-17 1 2-261
2 2-264(f)(2)c.
3 2-266(a)
4 2-274(h), (1)(2)
Added 2-274(m)
Supp. No. 44 2009
ATLANTIC BEACH CODE
Ordinance Adoption Section
Number Date Section this Code
5 2-275(b)(2)d.
6 2-284(5)
7 2-285(b), (c)
8 Added 2-286(a)(3)
2-286(c)(2)b., c.
Added 2-286(f)(1)—(4)
Rnbd 2-286(f)(1)—(9)
as 2-286(f)(5)—(13)
5-17-64 7-24-17 1 Added 23-52
2 23-23(d)(1)
3 23-25(a), (b)
90-17-228 10- 9-17 2 Added 24-175
65-17-39 12-11-17 1 Rpld 19-1, 19-2
Added 19-1, 19-2
3 Rpld 19-8
4 Added 19-20-19-27
5 Added 19-30-19-49
5-18-65 2-26-18 2(Exh. A) 2-19(7)
90-18-231 4- 9-18 1(Exh. A) Rpld 24-51
Added 24-51
90-18-233 6-11-18 la 24-17
b 24-110(a)—(c)
c 24-111(b)
d 24-165
90-18-234 6-11-18 la 24-17
b Rpld 24-110(b)(9)
Rnbd 24-110(b)(10)—
(14)
as 24-110(b)(9)—
(13)
c Added 24-111(1), (18)
Rnbd 24-111(18)—(21)
as 24-111(19)—(22)
2 Added 24-169
Supp. No. 44 2010
[The next page is 2043]
STATUTORY REFERENCE TABLE
This table shows the location within this Charter and Code, either in the
text or notes following the text, of references to the state law or related
matters.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 161.141 8-29
13-201 Ch. 9(note) Ch. 162 Ch. 2, Art. V,
23.011 Ch. 14(note) 2-146
Ch. 50 2-147 Div. 2(note)
24-51 7-27
50.0211 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) 19-47
112.311 Ch. 2, Art. II Ch. 163 Char., § 59
(note) 14-1(a)
112.3143 2-263 21-302(15)
2-302 24-17
Ch. 119 Char., § 65 24-47(e)
Ch. 2(note) 163.3161 Ch. 14(note)
Ch. 121 2-310.7 163.3161 et seq. Ch. 24(note)
125.68 16-32 163.3164 24-17
125.69 13-14 163.3174 14-22
Ch. 161 Ch. 5(note) 163.3178 6-27
24-17 163.3184 24-5
161.021 24-17 24-51
161.041 6-20(b)(3) 163.3194(1) 24-5
161.053 6-20(b)(3) 163.3194(1)(b) 24-17
6-21(e), (r) Ch. 166 Charter(note)
8-52 Char., § 4
161.54 8-54 Char., § 57
Supp. No. 44 2053
F.S.
Section
Ch. 166, Pt. II
166.031
166.041
166.101
166.201
166.231
166.241
166.0415
166.0425
166.0445
Ch. 170
175.101
Ch. 177
Ch. 177, Pt. I
177.26
177.27(15)
177.041
177.051
177.061
111.091
177.101
Ch. 180
Ch. 185
185.06
185.08
185.35
185.221
Ch. 192
193.116
196.075
Ch. 202
202.11
202.11(1)
Supp. No. 44
ATLANTIC BEACH CODE
Section
this Code
Char., § 59
21-302(9)
Char., § 45
Char., § 60
Char., § 79
Char., § 18
24-51
Ch. 2, Art. VII
(note)
Ch. 2, Art. VII
(note)
Ch. 20(note)
Ch. 20, Art. II
(note)
2-311
19-8
Ch. 17(note)
24-17
Ch. 19(note)
20-77
24-17
24-204(b)
24-188(a)
24-204(a)
24-271
6-21(j)
24-204(b)
24-204(b)
24-204(b)
24-203(a)
24-204(b)
24-258(b), (e)
24-192
Ch. 19(note)
2-303
2-310.6
2-310.8
2-310.19
2-303
2-310.6
20-76
230.19
2-310.2
Ch. 20(note)
Char., § 58
20-82
20-83
19-32
19-20
19-20
2054
F.S.
Section
Section
this Code
Ch. 205 Char., § 58
Ch. 20, Art. III
(note)
205.022 20-51
205.042 20-52
205.043(2) 20-57
205.043(3) 20-57
205.053 20-54
205.053(1) 20-53
205.063 20-58
205.196 20-59
Ch. 218 Ch. 2, Art. VII
(note)
218.33 2-311
Ch. 252 2-403
Ch. 253 24-17
253.12 Ch. 5(note)
Ch. 280 2-264
2-303
280.02 2-264
2-303
286.011 Char., § 14
Ch. 2(note)
309.01 Ch. 5(note)
Ch. 316 Ch. 21(note)
21-1
316.008 Ch. 21(note)
316.008(1)(a)
316.195
316.1945
320.01
320.823
320.8249
Ch. 327
327.02.222.17
Ch. 333
334.03(21)
335.075
Ch. 337
337.401
337.401(3)
Ch. 21, Art. II
(note)
Ch. 21, Art. II
(note)
21-16
Ch. 21(note)
21-17
8-52
6-23
8-63
Ch. 5(note)
24-174(e)(3)
19-35
19-37.2
19-1
Ch. 19(note)
19-32
19-35
19-31
19-32
19-41
19-31
F.S.
Section
337.401(6)(b)
337.401(7)
337.403
337.404
Ch. 364
366.02
Ch. 367
Ch. 369
Ch. 372
Ch. 373
Ch. 373, Pt. II
373.036
373.421
380.04
381.006
381.0065
381.031(1)(g)1
381.031(g)3
381.261
381.986
Ch. 386
Ch. 395
402.311
403.0893
403.413
403.415
403.9337
403.9338
413.08 Ch.
Ch. 465
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
STATUTORY REFERENCE TABLE
Section
this Code
19-41
19-37
19-37.2
19-25
19-36
19-32
8-24.1
Ch. 22(note)
Ch. 5(note)
Ch. 4(note)
Ch. 8(note)
22-352
8-29
24-271
24-17
4-29
8-29
4-29
Ch. 6, Art. VI
(note)
Ch. 22(note)
24-17
24-169
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)
24-17
24-169
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
Supp. No. 44 2055
F.S.
Section
Ch. 514
Ch. 538, Pt. I
538.03(1)(a)
Ch. 552
Ch. 553
Ch. 553, Pt.
553.01
553.15
553.70
553.73
553.73(5)
553.73(10)(k)
Ch. 556
VII
Ch.
Ch.
Ch.
Chs. 561-565
561.01
561.15
562.14(1)
562.45(2)
563.01
565.01
Ch. 569
590.12
604.50
Ch. 633
633.35
633.121
633.171
Ch. 650
650.02
650.05
674.105
Ch. 679, Pt. V
Ch. 705
705.16
Section
this Code
Ch. 6, Art. VI
(note)
21-61
21-60
Ch. 7(note)
2-146
Ch. 6(note)
6-21(p)
7-32
19-35
19-37.2
6-16
6, Art. IV(note)
6, Art. III(note)
6, Art. II(note)
7-25
8-38
8-24.1
19-35
19-37.2
3-1
Ch. 3(note)
3-1
3-2
3-2
3-4
3-5
3-6
3-4
3-4
13-14
Ch. 7(note)
8-24.1
Ch. 7(note)
7-32
2-263
Ch. 7(note)
7-27
Ch. 2, Art. VI,
Div. 2(note)
2-241
2-241
Ch. 2, Art. VI,
Div. 2(note)
13-12(a)(4)
21-63
Ch. 15,
Art. II(note)
21-24
Ch. 2,
F.S.
Section
Ch. 760
760.20
760.22
760.23
760.24
760.25
760.29
760.37
Ch. 767
767.10-767.16
767.12
768.28
775.082
775.083
775.084
Ch. 790
790.15
Ch. 791
791.01(4)(b)
791.01(4)(c)
791.02(1)
Ch. 794
796.07
800.04
806.13
Ch. 812
812.019
812.171
812.173
812.175
812.1725
Ch. 823
823.14
Ch. 828
828.27
Ch. 838
ATLANTIC BEACH CODE
Section
this Code
Art. II(note)
Ch. 9(note)
Ch. 9,
Art. II(note)
9-16
9-17
9-18
9-22
9-23
9-24
Ch. 3,
Art. II(note)
4-8
4-9
4-10
4-12
2-1(b)(1)
19-8
2-310.11
4-12
2-310.11
4-12
4-12
15-22(g)(3)
13-3
Ch. 7(note)
7-39
13-13
13-13
i3-1<3
2-279
2-310.10
2-167(a)
2-279
2-310.10
6-111
22-57
13-162
2-167(a)
13-163
13-164
13-167
13-169
13-164
Ch. 12(note)
24-182
4-1.1
4-30
2-279
2-310.10
Supp. No. 44 2056
F.S.
Section
847.001
847.001(2)
874.03
876.05
828.02
893
893.03
893.138
893.147
932.701
Ch. 943
943.22
943.25(8)(a)
943.1395
Section
this Code
17-2
24-17
24-111(c)(11)
24-114(c)(2)
24-175
2-167(a)
Char., § 68
4-1.1
2-167(a)
13-4
13-5
2-161
13-5
Ch. 15,
Art. II(note)
2-310.16
2-300
15-1
2-300
[The next page is 2081]
CODE INDEX
Section
A
ABANDONMENT
Animals and fowl
Abandoning animals 4-15
Beach access easements
Abandonment or vacation of prohibited 24-254(f)
Nuisances enumerated
Abandoned wells, basements, refrigerators, etc 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Open storage of abandoned motor vehicles, refrigerators,
etc 12-1(b)(7)
Parking of abandoned property, vehicles, etc. 21-24 et seq.
See: TRAFFIC
Signs and advertising structures
Removal of unsafe, damaged or poorly maintained, and
abandoned signs 17-41
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Abandonment of a communications facility or utility
pole 19-48
Zoning regulations
Supplementary regulations
Gas stations; discontinuance and abandonment of use 24-165(o)
ACCESSORY USES AND STRUCTURES
Zoning supplementary regulations 24-151
See: LAND DEVELOPMENT REGULATIONS
ADDRESSES, STREET. See: STREET ADDRESSES
ADVERTISING
Confiscated or lost property, disposition of
Advertising sales of 15-18
Regulations for signs and advertising structures 17-1 et seq.
See: SIGNS AND ADVERTISING STRUCTURES
AIR RIFLES, AIR PISTOLS, ETC.
Discharging prohibited 13-3
ALARMS
Fire prevention and life safety
False silent alarms
7-41
ALCOHOLIC BEVERAGES
Consumption and possession of open container upon public
property 3-9
Consumption on licensee's premises 3-8
Consumption on vendor's premises 3-10
Definitions 3-1
Existing establishments and alcoholic beverage licenses
previously issued 3-6
Supp. No. 44 2101
ATLANTIC BEACH CODE
Section
ALCOHOLIC BEVERAGES (Cont'd.)
Exposure of private parts in establishments serving alcoholic
beverages 13-17
Hours of sale 3-2
Licenses
Persons not holding license to sell 3-3
Lighting requirements on premises 3-7
Persons not holding license to sell 3-3
Premises where retail sales for off -premise consumption
are permitted 3-4
Premises where sales for on -premise consumption are
permitted 3-5
Restrictions on location of establishments 3-6
ALLEYS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended upon alley 21-25(a)(4), (5)
Dogs and cats running at large 4-24
Nuisances enumerated
Throwing, discharging, etc., garbage, filth, etc., into
alleys 12-1(b)(2)
Abatement of nuisances, etc. See: NUISANCES
AMENDMENTS TO CODE
Provisions re 1-9
AMPLIFIED SOUND
Loud and raucous noises 11-2
AMUSEMENTS AND AMUSEMENT PLACES
Amusement device code adopted 6-161
ANIMALS AND FOWL
Abandoning animals 4-15
Animal control enforcement 4-1
Authority to enter private property 4-3
Beach safety zone; animals on 5-17
Bite by a police or service dog; exemption from quarantine 4-13
City designated bird sanctuary
Trapping, hunting, molesting, etc., of birds prohibited;
exception 4-4
Code enforcement board
Code enforcement board's jurisdiction re 2-146
Jurisdiction of special magistrate 2-146.1
Cruelty to animals 4-5
Dangerous dogs 4-10
Attack or bite by dangerous dog; penalties; confiscation;
destruction 4-12
Classification of dogs as dangerous 4-11
Certification of registration 4-11
Notice and hearing requirements 4-11
Supp. No. 44 2102
CODE INDEX
Section
ANIMALS AND FOWL (Cont'd.)
Dangerous dogs (Cont'd.)
Confinement of animal; exemption; appeals; unlawful
acts 4-11
Definitions 4-1.1
Dogs and cats
Citations authorized; penalties provided 4-30
Damaging property 4-26
Habitual nuisance 4-27.1
Leashing 4-25
Neglect; restraint by chaining; animal bites 4-28
Rabies vaccinations 4-29
Running at large 4-24
Injuries caused by animals 4-9
Interfering with performance of duties 4-2
Keeping or maintaining certain animals in the city 4-7
Legislative findings 4-8
Noise
Loud and raucous noises 11-2
Nuisances. See also that subject
Allowing animal carcass to remain in place 12-1(b)(1)
Keeping, feeding, etc., hogs, horses, chickens, etc., which
may be injurious to health and well-being of persons 12-1(b)(5)
Public sewers
Depositing animal excrement 22-71
Running at large
Dogs and cats. See herein that subject
Severe injury by dog; impoundment; destruction 4-14
ANNEXATION
Certain ordinances saved from repeal 1-5
APPROPRIATIONS. See: FINANCES
ARRESTS
Arsonists
Reward for information leading to arrest and conviction
7-2
ARSONISTS
Reward for information leading to conviction of 7-2
ASSESSMENTS
Additional court costs assessed for police training 15-1
Insurance premium taxes, assessment of 20-76, 20-77
ATTORNEY. See: CITY ATTORNEY
AUDITS
Uniform travel policy and procedure
Auditing of travel expense reports or vouchers
B
BAIL BONDS
Supp. No. 44 2103
2-365
ATLANTIC BEACH CODE
BAIL BONDS (Cont'd.)
Additional court costs assessed for police training
Forfeited bail bonds
Section
15-1
BARRICADES
Building sewers and connections
Barricading, restoring excavations 22-111
BASEMENTS
Abandoned basements, nuisance provisions 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
BEACHES
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
Animals
Dogs and cats running at large 4-24
Dogs upon beaches to leashed, muzzled, etc. 4-25
Beach safety zone
Animals 5-17
Use of vehicles 5-16
Closing during emergencies 5-1
Lifeguards
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc. 2-6
Parking of sailboats not to obstruct lifeguard activities5-6
Lighting of fires 5-3
T,itterinu.......... 5-d
Motorized apparatus
Beach safety zone, use of vehicles 5-16
Operating within two hundred feet of beach 5-7
Parks, playgrounds and recreation. See also that subject
Public parks; use prohibited after dark 5-31
Sailboats, catamarans, vessels
Motorized apparatus. See herein that subject
Parking 5-8
Sailboats parked not to obstruct lifeguard activities 5-6
Transporting by motorized vehicle 5-7
Sleeping on the beach 5-2
Surfboards 5-5
Vessels. See herein: Sailboats, Catamarans Vessels
BEAUTIFICATION
Community development board
Duties of board re beautification of city
BENEFITS OF EMPLOYEES. See: OFFICERS AND
EMPLOYEES
Supp. No. 44 2104
14-20(7)
CODE INDEX
Section
BIDS, BIDDING
Purchasing 2-331 et seq.
See: PURCHASES, PURCHASING
BILLBOARDS. See: SIGNS AND ADVERTISING
STRUCTURES
BIRD SANCTUARY. See also: ANIMALS AND FOWL
City designated sanctuary; trapping, hunting, molesting,
etc., of birds prohibited; exception
4-4
BITES
Animal bites 4-28
Dog bites, etc 2-29
BOARDS. See: DEPARTMENTS AND OTHER AGENCIES
OF CITY
BOATS
Boat trailers. See: RECREATIONAL VEHICLES
Sailboats, catamarans, motorized vehicles on beaches 5-1 et seq.
See: BEACHES
Zoning supplementary regulations
Damage to, destruction of environmentally sensitive areas 24-174(c)
Intent 24-174(a)
Live -aboard vessels prohibited 24-174(e)
Private property rights 24-174(f)
Public docks and anchoring and mooring restrictions 24-174(d)
Unlawful to discharge 24-174(b)
BOND ISSUES
Certain ordinances saved from repeal 1-5
BOND, SURETY
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Construction bond 19-45
Performance bond 19-46
Utility placement within city rights-of-way
When bond may be required 19-23
BONDS, BAIL
Additional court costs assessed for police training
Forfeited bail bonds 15-1
BONDS, BID
Purchasing procedure, bid deposits or bid bonds 2-333
BOOKS
Obscene matter prohibited 13-6
BUDGET
Certain ordinances saved from repeal 1-5
Director of finance's duties re 2-76
See also: FINANCES
Supp. No. 44 2105
ATLANTIC BEACH CODE
BUILDINGS AND BUILDING REGULATIONS
Building code
Adoption
Amendments
Boathouses, docks and gazebos on docks
Construction site management
Nonhabitable major structures; residential dune crossover
structures
Property maintenance code
Adoption
Amendments
Schedule of building permit fees
Generally
Building and construction
Building permit refunds
Building permit renewal
Change of tenant
Demolition
Fence
Moving
Plan check
Reinspection
Sign erections
Plan review resubmittal fees
Fire alarm and signaling systems, each
For issuing each permit
Lighting outlets
Minimum fee
Multifamily per dwelling unit
Priitna -y service
Reinspection
Repairs and miscellaneous
Signs
Smoke detectors wired into electrical system, excep-
tion
Swimming pools
Temporary services
Transformers
Wastewater system, building sewers and connections
Conformance with building code
Building official
Numbering of buildings
Duties of official
Building permits
Fire prevention and life safety
Building sewers and connections
See: WASTEWATER SYSTEM
Code enforcement board's jurisdiction re
See: CODE ENFORCEMENT BOARD
Supp. No. 44 2106
Section
6-16
6-17
6-25
6-18
6-24
6-120
6-121
6-26(a)(1)
6-26(a)(10)
6-26(a)(9)
6-26(a)(8)
6-26(a)(3)
6-26(a)(5)
6-26(a)(2)
6-26(a)(4)
6-26(a)(6)
6-26(a)(7)
6-26(b)(17)
6-26(b)(1)
6-26(b)(9)
6-26(b)(18)
6-26(b)(3)
6-26(b)(10)
6-26(b)(21)
6-26(b)(20)
6-26(b)(7)
6-26(b)(16)
6-26(b)(19)
6-26(b)(6)
6-26(b)(11)
22-106
6-108
7-32
22-101 et seq.
2-146
CODE INDEX
Section
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Community development board 14-16 et seq.
See: PLANNING
Electrical code 6-31 et seq.
See: ELECTRICAL CODE
Fire prevention and protection 7-1 et seq.
See: FIRE PREVENTION AND PROTECTION
Flood hazard areas 8-1 et seq.
See: FLOOD HAZARD AREAS
Land development regulations 24-1 et seq.
See: LAND DEVELOPMENT REGULATIONS
Loitering, sleeping, etc., in public buildings 13-2
Loud and raucous noises 11-2
Mechanical inspections 6-77
Nuisances. See also that subject
Abandoned building rubbish, material, etc 12-1(b)(7)
Permitting buildings to become dangerous, unsafe, etc12-1(b)(8)
Structurally unsound structures, etc 12-1(b)(6)
Supp. No. 44 2106.1
CODE INDEX
Section
CONSTRUCTION (Cont'd.)
Solid waste and recycling
Franchise agreements
Private refuse collectors; collection of commercial
recycling and construction and demolition debris . 16-18
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Construction bond 19-45
Construction within and/or use of city rights-of-way 19-1
Zoning regulations 24-31 et seq.
See: LAND DEVELOPMENT REGULATIONS
CONTRACTS AND AGREEMENTS
Certain ordinances saved from repeal 1-5
Franchise agreements 16-12 et seq.
See: SOLID WASTE AND RECYCLING
When contracts and expenditures prohibited 2-314
CONTROLLED SUBSTANCES. See: DRUGS
CONVENIENCE BUSINESS SECURITY ACT
Civil fines 13-169
Definitions 13-163
Employee training 13-165
Inspections 13-166
Security requirements 13-164
Severability 13-168
Short title, purpose, and authority 13-162
CORPORATIONS
Definition of "person" to include corporation 1-2
COUNTY. See: DUVAL COUNTY
COURTS
Confiscated or lost property
Provisions re county court 15-16 et seq.
Police training
Additional court costs assessed for 15-1
CROSSWALKS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended on crosswalk 21-25(a)(1)
Stopping, standing or parking vehicle on or within crosswalks 21-17(5), (6)
CRUELTY TO ANIMALS
Generally 4-5
CURFEW
Provisions re minors in public places 13-153 et seq.
See: MINORS
D
DEFACING PROPERTY, ETC.
Supp. No. 44 2111
ATLANTIC BEACH CODE
Section
DEFACING PROPERTY, ETC. (Cont'd.)
Building numbers
Removing or defacing 6-111
Public sewers
Defacing, damaging, etc 22-57
DEPARTMENTS AND OTHER AGENCIES OF CITY
City commission 2-16 et seq.
See: CITY COMMISSION
Code enforcement board 2-141 et seq.
See: CODE ENFORCEMENT BOARD
Community development board 14-16 et seq.
See: PLANNING
Definition 1-2
Department of finance 2-71 et seq.
See: FINANCES
Department of public utilities 2-84 et seq.
See: UTILITIES
Department of public works 2-79 et seq.
See: PUBLIC WORKS AND IMPROVEMENTS
Fire department 2-61 et seq.
See: FIRE DEPARTMENT
Lifeguard division 2-63
Local planning agency 14-22
Nuisance control board 2-161 et seq.
See: NUISANCES
Officers and employees. See that subject
Board of trustees of city employees' retirement system 2-264 et seq.
Police officers' rptiremrant system hoard of truu4te 9_902 et seq,
Police department 2-51 et seq.
See: POLICE DEPARTMENT
Reappointment to boards and committees 2-131
Tree and vegetation regulations
Violations, enforcement and penalties
Environmental stewardship committee; intent 23-52
Tree conservation board 23-19, 23-20
Zoning administration 24-46 et seq.
See: LAND DEVELOPMENT REGULATIONS
DEVELOPMENT
Community development board 14-16 et seq.
See: PLANNING
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Revocation or suspension of development permits 19-38
DISABLED PERSONS
Police officers' retirement system
Disability 2-307
Supp. No. 44 2112
CODE INDEX
Section
DISASTERS
Community development board
Duties of board re reconstruction, replanning, etc., of
areas damaged by fires, floods, etc. 14-20(12)
DISCRIMINATION
Fair housing 9-17 et seq.
See: FAIR HOUSING
Human relations 9-1 et seq.
See: HUMAN RELATIONS
DISTRICTS
City commission
Voting districts 2-22
Community development board
Replanning, reconstructing, etc., of districts damaged by
fire, earthquake, etc. 14-20(12)
Zoning districts 24-101 et seq.
See: LAND DEVELOPMENT REGULATIONS
DOGS
Regulated 4-21 et seq.
See: ANIMALS AND FOWL
DRAINAGE
Mobile home parks and recreational vehicle parks
Designed for drainage of surface water 10-2
Nuisances
Abatement of nuisances, etc. See: NUISANCES
Allowing or permitting stagnant water to accumulate
upon surface of ground 12-1(b)(4)
Discharge of water from water -source heat pumps into
storm drainage systems 12-1(b)
Sewers
Building sewers and connections
Foundation drains, surface runoff, etc 22-108
Discharging groundwater, subsurface drainage, etc., into
sanitary sewers 22-127
DRIVEWAYS
Abandoned, wrecked, junked, etc., vehicles
Left unattended in front of driveways 21-25(a)(1)
Building sewers and connections
Foundation drains, surface runoff, etc. 22-108
Public sewers, use of
Discharging stormwater, etc., into storm sewers or natural
outlets 22-128
Discharging subsurface drainage, groundwater, etc., into
sanitary sewers 22-127
Stopping, standing and parking vehicles in driveways 21-17(2)
Subdivision and site improvement regulations
Design and construction standards 24-253
Supp. No. 44 2113
ATLANTIC BEACH CODE
DRUGS (Cocaine, marijuana, hashish, controlled substances,
etc.)
Drug paraphernalia
Definitions
Sale, display, etc., of paraphernalia
Land development regulations
Zoning regulations
Supplementary regulations
Pharmacies and medical marijuana treatment center
dispensing facilities
Section
13-4
13-5
24-169
DUVAL COUNTY
Definition of "county" 1-2
E
EARTHQUAKES
Community development board
Duties of board re replanning, reconstruction, etc., of
areas damaged by earthquakes 14-20(12)
EASEMENTS
Subdivision and site improvement regulations
Design and construction standards
Beach access easements
Abandonment or vacation of prohibited 24-254(f)
Drainage and watercourses 24-254(b)
No city expense 24-254(e)
Other drainage easements 24-254(c)
Pedestrian and service easements 24-254(d)
TTS •�'A' ., r-... .
u �u �ie5 24-254(a)
Wastewater system, powers and authority of inspectors
Provisions re easements 22-154
Waterworks system
Granting necessary easements by consumer 22-18
ELECTRICAL CODE
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Electrical inspections
Fees 6-37
Electrical permits
Fees 6-37
Inspections. See herein: Electrical Inspections
Mobile home parks and recreation vehicle parks
Electric wiring to comply with electrical code 10-2(4)
Permits. See herein: Electrical Permits
ELECTRICITY
Public service tax on electricity 20-16 et seq.
See: TAXATION
Supp. No. 44 2114
CODE INDEX
Section
EMERGENCIES
Beaches, closing during emergencies 5-1
Comprehensive emergency management plan 2-400 et seq.
See: EMERGENCY MANAGEMENT
Noise provisions; exceptions 11-5
Stopping, standing or parking of vehicles for emergency
repairs 21-21(2)
Waterworks system
Right of city to restrict use of water in cases of emergency 22-36
EMERGENCY MANAGEMENT
Comprehensive emergency management plan
Administrative rules 2-408
Authority to declare states of local emergency 2-403
Definition of emergency 2-402
Effect and purpose of state of local emergency 2-406
Emergency management plans 2-405
Limit of authority 2-407
Penalties 2-409
Proclamation 2-404
To activate 2-405
Term 2-404
Violation 2-409
Overcharging prohibited 2-400
EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES
ENCLOSURES. See: FENCES, WALLS, HEDGES AND
ENCLOSURES
ENVIRONMENTAL AND NATURAL RESOURCE REGULA-
TIONS
Land development regulations
Protection of wetland, marsh and waterway resources 24-271 et seq.
Wellhead protection 24-262 et seq.
See: LAND DEVELOPMENT REGULATIONS
Tree and vegetation regulations
Violations, enforcement and penalties
Environmental stewardship committee; intent 23-52
ESTATES
Definition of "person" to include estate 1-2
EXCAVATIONS
Abandoned wells, excavations, etc.
Nuisance provisions
Abatement of nuisances, etc. See: NUISANCES
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite street excava-
tions
Building sewers and connections
Barricading, restoring excavations
Supp. No. 44 2115
12-1(b)(6)
21-25(a)(1)
22-111
ATLANTIC BEACH CODE
Section
EXCAVATIONS (Cont'd.)
Building sewers and connections (Cont'd.)
Excavations, conformance with building and plumbing
codes 22-106
Stopping, standing or parking vehicle alongside or opposite
any street excavation 21-17(7)
EXPLOSIVE LIQUIDS, SOLIDS, ETC.
Public sewers, use of
Prohibited discharges 22-129
F
FAIR HOUSING
Complaints 9-20
Discrimination in the financing of housing 9-22
Educational activities 9-19
Exemptions 9-23
Interference, coercion, or intimidation; enforcement by civil
action 9-24
Multiple listing services 9-18
Parking in the right-of-way 21-23
Prohibited conduct 9-17
Use of remedies of this article, other remedies 9-21
FAIRS
Water service, temporary 22-19
FALSE ALARMS
Fire prevention and life safety
False silent alarms 7-41
FENCES, WALLS, HEDGES AND ENCLOSURES
Nuisances enumerated
Structurally unsound fences 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Zoning regulations for fences, walls and similar structures
Corner lots 24-157(c)
Height and location 24-157(b)
Maintenance of fences 24-157(e)
Permit required 24-157(a)
Structures similar to fences 24-157(d)
FIDUCIARIES
Definition of "person" to include fiduciaries 1-2
FILTH
Nuisances enumerated 12-1
Abatement of nuisances, etc. See: NUISANCES
FINANCES
Allotments constitute basis of expenditures and are subject
to revision 2-312
Supp. No. 44 2116
CODE INDEX
Section
FINANCES (Cont'd.)
Appropriations
Allotments constitute basis of expenditures and subject
to revision 2-312
Certain ordinances saved from repeal 1-5
Lapse of appropriations 2-315
Transfer of appropriations 2-313
When contracts and expenditures prohibited 2-314
Certain ordinances saved from repeal 1-5
Charitable contributions prohibited 2-2
Contracts and agreements. See also that subject
When contracts and expenditures prohibited 2-314
Supp. No. 44 2116.1
CODE INDEX
Section
FOWL. See: ANIMALS AND FOWL
FRANCHISES
Agreements, franchise 16-12 et seq.
See: SOLID WASTE AND RECYCLING
Certain ordinances saved from repeal 1-5
FRAUD
Uniform travel policy and procedure
Fraudulent claims 2-366
G
GARAGE SALES
Flea markets by definition re; prohibited 13-11
Zoning regulations
Outdoor display, sale and storage of furniture, household
items, merchandise outside of enclosed buildings 24-154
GARBAGE AND REFUSE
Beaches, leaving refuse on 5-4
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Nuisances. See also that subject
Abandoned building material, building rubbish, etc. 12-1(b)(7)
Abandoned debris, etc 12-1(b)(6)
Depositing garbage, etc. 12-1(b)(2)
Depositing rubbish 12-1(b)(3)
Public sewers, use of
Limitations on discharge concentrations or quantities 22-130
Prohibited discharges of unground garbage, etc. 22-129(4)
Recyclable materials. See also herein: Solid Waste Provi-
sions
Removal prohibited 13-10
Solid waste and recycling 16-1 et seq.
See: SOLID WASTE AND RECYCLING
GAS
Mechanical code
Gas piping permit fee 6-77(2)
Public service tax on gas, electricity, etc. 20-16 et seq.
See: TAXATION
Public sewers, use of
Prohibited discharges 22-129
GAS STATIONS
Zoning regulations 24-165
GASOLINE
Public sewers, use of
Prohibited discharges 22-129
GENDER
Defined 1-2
Supp. No. 44 2123
ATLANTIC BEACH CODE
Section
GLASS
Nuisances. See also that subject
Open storage of glass, building material, etc. 12-1(b)(7)
Public sewers, use of
Prohibited discharges of metal, glass, etc. 22-129(4)
GRASS CLIPPINGS
Public sewers, use of
Prohibited discharges of grass clippings 22-129(4)
Solid waste and recycling
Leaves and grass clippings; tree trunks 16-4
GREASE. See: OILS, GREASE
GUNS. See: FIREARMS AND WEAPONS
H
HASHISH. See: DRUGS
HEALTH AND SANITATION
Noise provisions
Noise which endangers health or safety of others 11-1
Nuisances enumerated
Unsanitary conditions, conditions injurious to health of
community, etc. 12-1
Signs and advertising structures
Removal of unsafe, damaged or poorly maintained, and
abandoned signs 17-41
Wastewater system 22-56 et seq.
See: WASTEWATER SYSTEM
HEAT PUMPS
Building sewers and connections
Drainage from water -source heat pumps
Discharging water from heat pumps, nuisance provisions
Abatement of nuisances, etc. See: NUISANCES
Public sewers, use of
Discharging unpolluted waters from heat pumps into
sanitary sewers
22-108
12-1(b)
22-127
HEIGHT
Zoning height regulations
Exceptions to height limitations 24-156
HEIGHT LIMITS
Signs and advertising structures
Calculation of permitted sign size 17-63
HERITAGE TREES. SEE: TREES AND NATIVE VEGETA-
TION PROTECTION
Supp. No. 44 2124
CODE INDEX
HISTORIC CORRIDORS AND HERITAGE TREES
Trees and native vegetation protection
See: TREES AND NATIVE VEGETATION PROTEC-
TION
Section
23-1 et seq.
HOME OCCUPATIONS
Zoning regulations 24-159
HOMESTEAD EXEMPTION
Taxation provisions 20-81 et seq.
See: TAXATION
HORNS
Loud and raucous noises 11-2
HOUSING
Fair housing 9-17 et seq.
See: FAIR HOUSING
Mobile homes 10-1 et seq.
See: MOBILE HOMES AND RECREATIONAL
VEHICLES
Solid waste and recycling
Franchise agreements
Residential and commercial solid waste collection
franchise 16-12
HUMAN RELATIONS
Complaints 9-4
Criminal acts 9-6
Definitions 9-2
Exemptions 9-5
Fair housing 9-17 et seq.
See: FAIR HOUSING
False claims 9-7
Prohibited conduct 9-3
Purpose 9-1
HUNTING
Hunting birds, wild fowl, etc
HYDRANTS. See also: FIRE HYDRANTS
Abandoned, wrecked, junked, etc., vehicles
Left unattended within fifteen feet of fire hydrants
Stopping, standing or parking vehicle within fifteen feet of
fire hydrant
I
4-4
21-25(a)(1)
21-17(4)
IMPOUNDMENT
Abandoned, wrecked, junked, etc., vehicles
Removing and impounding 21-25
Towage and storage charges 21-26
Animal provisions 4-14 et seq.
See: ANIMALS AND FOWL
Supp. No. 44 2125
ATLANTIC BEACH CODE
Section
IMPROVEMENTS
Community development board
List of recommended capital improvements 14-20(6)
Recommending improvements for city 14-20(11)
Land development regulations
Concurrency management system and proportionate fair -
share
Timing and completion of required public facility
improvements 24-278
Subdivision and site improvement regulations
Required improvements 24-221 et seq.
See also: LAND DEVELOPMENT REGULATIONS
INDECENCY AND OBSCENITY
Alcoholic beverage establishments
Exposure of private parts in
Obscene matter prohibited
INSECTS, INSECT CONTROL
Nuisances enumerated
Allowing stagnant water to accumulate, prevention of the
propagation of mosquitoes
Abatement of nuisances, etc. See: NUISANCES
13-17
13-6
12-1(b)(4)
INSURANCE
Insurance premium taxes 20-76 et seq.
See: TAXATION
Old -age and survivors insurance 2-241 et seq.
See: OFFICERS AND EMPLOYEES
Streets, sidewalks and other public places
Communications facilities in public rights-of-way 19-43
Wrecker service liability insurance 21-53
INTERSECTIONS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended within intersection 21-25(a)(1)
Stopping, standing or parking vehicles within twenty feet
of intersection 21-17(3)
IRRIGATION
Florida -friendly landscaping and landscape irrigation 24-178 et seq.
See: LAND DEVELOPMENT REGULATIONS
J
JUNK
Parking, storing or leaving of junked vehicles 21-24 et seq.
See: TRAFFIC
L
LAKES. See: WATERCOURSES, WATERWAYS
Supp. No. 44 2126
CODE INDEX
Section
LAND DEVELOPMENT REGULATIONS
Concurrency management system
Administrative responsibility 24-274
Applicability 24-275
Application and review and approval requirements 24-277
Capacity and level of service inventory
Potable water 24-279(b)
Recreation and open space 24-279(e)
Sanitary sewer 24-279(a)
Solid waste disposal 24-279(c)
Stormwater and drainage 24-279(d)
Projects not requiring a concurrency certificate 24-276
Purpose and intent 24-273
Timing and completion of required public facility improve-
ments 24-278
Definitions. See herein: Language and Definitions
Environmental and Natural Resource Regulations
Protection of wetland, marsh and waterway resources
Definitions 24-271
Environmental assessment, protection of wetlands,
environmentally sensitive areas
Buffers required from wetlands 24-272(c)
Environmental assessment required 24-272(a)
Exceptions to the upland buffer requirements 24-272(d)
Maintenance and permitted activities within upland
buffers 24-272(e)
Restoration, enhancement, mitigation, recovery plan 24-272(b)
Purpose and intent 24-270
Wellhead protection
Authority and responsibilities of the city 24-269
Definitions 24-263
Establishing and mapping wellhead protection areas24-264
Investigations and monitoring 24-265
Notice of release or spill of contaminants in wellhead
protection areas 24-268
Prohibitions in wellhead protection areas 24-266
Purpose and intent 24-262
Requirements within wellhead protection areas 24-267
Florida -friendly landscaping and landscape irrigation
Defined 24-179
Definitions 24-180
General provisions 24-181
Applicability 24-181(a)
Appropriate plant selection, location and arrangement 24-181(b)
Hydrozone plans 24-181(c)
Purpose and intent 24-178
Florida -friendly use of fertilizer on urban landscapes 24-182
Applicability 24-182(d)
Application practices 24-182(i)
Definitions 24-182(c)
Supp. No. 44 2127
ATLANTIC BEACH CODE
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Florida -friendly use of fertilizer on urban landscapes (Cont'd.)
Enforcement 24-182(n)
Exemptions 24-182(k)
Fertilizer content and application rates 24-182(h)
Fertilizer free zone 24-182(0
Findings 24-182(a)
Licensing of commercial applicators 24-182(m)
Low maintenance zones 24-182(g)
Management of grass clippings and vegetative matter24-182(j)
Purpose and intent 24-182(b)
Timing of application 24-182(e)
Training 24-182(1)
General
Adoption and authority ................ . . 24-1
................
Amendments 24-4
Jurisdiction 24-3
Legal status and consistency with the comprehensive
plan 24-5
Purpose and intent 24-2
Language and definitions
Construction of language 24-16
Definitions 24-17
Subdivision and Site Improvement Regulations
Application procedure
Applicability 24-201(b)
General requirements 24-201
Proposed plat review and approval
Information required for review 24-204(b)
Purpose and intent 24-204(a)
Review and approval procedure 24-202
Review of proposed plat or changes to previously
recorded plat
Final approval required before commencing construc-
tion 24-203(e)
Preliminary engineering drawings 24-203(b)
Preparation 24-203(a)
Review process 24-203(c)
Time limit 24-203(d)
Unlawful division of land 24-201(a)
Assurance for completion and maintenance of improve-
ments
Commencement of construction 24-231
Inspections 24-234
Issuance of certificate of completion 24-235
Maintenance security 24-233
Performance security
Cash deposit 24-232(1)
Personal bond with letter of credit 24-232(2)
Surety bond 24-232(3)
Supp. No. 44 2128
CODE INDEX
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Subdivision and Site Improvement Regulations (Cont'd.)
Design and construction standards
Blocks
Block lengths 24-255(b)
General 24-255(a)
Centralized sewer and water services 24-260
Clearing and grading of rights-of-way 24-259
Driveways 24-253
Easements
Beach access easements
Abandonment or vacation of prohibited 24-254(0
Drainage and watercourses 24-254(b)
No city expense 24-254(e)
Other drainage easements 24-254(c)
Pedestrian and service easements 24-254(d)
Utilities 24-254(a)
General requirements 24-251
Conformity to city policies 24-251(a)
General construction methods 24-251(d)
Soil and flood hazards 24-251(c)
Use of natural features 24-251(b)
Lots
Building restriction lines 24-256(0
Dimensions 24-256(b)
Double frontage lots 24-256(e)
General 24-256(a)
Residential corner lots 24-256(c)
Street access 24-256(d)
Provision for required recreation 24-257
Required monumentation
Iron pipes 24-258(a)
Location and construction 24-258(c)
Lot corners 24-258(d)
Permanent reference markers 24-258(b)
Time of placement 24-258(e)
Septic tanks, private wastewater, and on-site sewage
treatment and disposal systems
Installation of 24-261
Shared driveways 24-253(b)
Streets
Access to paved streets required 24-252(c)
Additional right-of-way and roadway improvements 24-252(e)
Arrangement of streets 24-252(b)
Concept and principles 24-252(a)
Dead-end streets 24-252(j)
Intersections of right angles 24-252(g)
Minimum right-of-way and paving widths 24-252(i)
Private streets providing access to individual lots 24-252(d)
Property lines rounded at intersections 24-252(h)
Supp. No. 44 2129
ATLANTIC BEACH CODE
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Subdivision and Site Improvement Regulations (Cont'd.)
Design and construction standards (Cont'd.)
Streets (Cont'd.)
Reserve strips prohibited 24-252(f)
Street names and house numbers 24-252(k)
Generally
Final subdivision plat or replat
Exemptions 24-189
Requirements for approval and recording 24-188
Multiple lots and parcels treated as a single develop-
ment parcel 24-190
Purpose and intent 24-186
Subdivision and subdivision improvements defined 24-187
Vacating previously recorded subdivision plats .. , 24-192
Waiver 24-191
Conditions of waiver 24-191(b)
General 24-191(a)
Required improvements
Generally 24-221
Wellhead protection; wetlands protection. See herein:
Environmental and Natural Resource Regulations
Zoning regulations
Administration
Appeals
Administrative decisions of community development
director 24-49(a)
Decisions of community development board 24-49(b)
Stay of work 24-49(c)
City commission 24-46
Community development board 24-47
Community development director 24-48
Public hearings and required notice 24-51
Vested rights
Appeals 24-50(c)
Determination of vested rights 24-50(a)
Expiration 24-50(b)
Application procedures
Amendment and repeal 24-61
Change in zoning district classification 24-62
Development, construction, storage within zoning districts
All structures 24-65(c)
Temporary construction trailers or structures 24-65(a)
Temporary storage structures and uses 24-65(b)
Development review and issuance of development permits
Approval of site plans 24-67(d)
Changes to approved plans 24-67(i)
Expiration of approved of construction plans 24-67(0
Expiration of development permits 24-67(g)
Failure to continue review process 24-67(e)
Supp. No. 44 2130
CODE INDEX
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.)
Development review and issuance of development permits
(Cont'd.)
Procedures 24-67(b)
Purpose 24-67(a)
Retention of expired plans 24-67(h)
Site development plan required 24-67(c)
Establishment of districts
Central business district (CBD) 24-114
Commercial general districts (CG) 24-111
Commercial limited district (CL) 24-110
Commercial, professional office (CPO) 24-109
Conservation district (CON) 24-103
Intent and purpose 24-101
Light industrial and warehousing districts (LIW) 24-112
Residential, multi -family district (RG -M) 24-108
Residential, single-family district (RS -1) 24-105
Residential, single-family district (RS -2) 24-106
Residential, single-family large lot district (RS -1) 24-104
Residential, two-family district (RG) 24-107
Special purpose district (SP) 24-113
Zoning districts established 24-102
Fees
Engineering and review fees 24-69(b)
Planning and zoning fees 24-69(a)
Specific use review fees 24-69(d)
Utilities review fees 24-69(c)
General provisions and exceptions
Design and construction standards
Two-family (duplex) dwellings and townhouse units 24-88
Double frontage lots 24-84(a)
Garage apartments (as allowed in combination with
private garages) 24-89
General restrictions upon land, buildings and structures
Density 24-82(e)
Duplicates or externally similar dwellings 24-82(h)
Flood protection 24-82(k)
Height 24-82(c)
Minimum floor area for residential dwelling units24-82(j)
Number of buildings allowed on a single-family or
two-family (duplex) lot 24-82(b)
Open space use limitation 24-82(f)
Percentage of lot occupancy 24-82(d)
Required Lot and occupancy 24-82(g)
Short-term rentals prohibited 24-82(1)
Temporary residence 24-82(i)
Use 24-82(a)
Nonconforming lots, uses and structures
Intent 24-85(a)
Supp. No. 44 2131
ATLANTIC BEACH CODE
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.)
General provisions and exceptions (Cont'd.)
Nonconforming lots, uses and structures (Cont'd.)
Nonconforming lots of record
Nonconforming structures
Nonconforming uses
Continuation
Discontinuance
Relocation or expansion
Residential uses
Replacement of lawfully existing residential uses
damaged, destroyed by fire, weather related or
unintended acts
Multi -family dwellings ...................... . ........
Single-family dwellings
Two-family dwelling
Special treatment of lawfully existing uses affected
by future amendments or land development
regulations
Amendments to the land development regulations
Changes to the official zoning map
Rules for determining boundaries
Yards, required; permitted projections
Mechanical equipment
Required yards
Structural projections
Land clearing and alteration of site grade or topography
Landscaping
Applicability
Definitions
Landscape plan required
Vehicular use area interior landscaping requirements
Criteria for distribution
Incompatible or different use classifications
Buffers required between
Intersection visibility
Landscape design standards
Maintenance and protection of landscaping
Open to the public
Perimeter landscaping requirements
Driveways to adjoining lots
Driveways to streets
Existing landscape screen
Perimeter landscaping adjacent to lot lines
Street frontage landscaping
Specialized vehicular use areas closed to the public
Scope
Special Planned Area District (SPA)
Defined
Supp. No. 44 2132
Section
24-85(b)
24-85(c)
24-85(d)(1)
24-85(d)(3)
24-85(d)(2)
24-87(c)
24-87(a)
24-87(b)
24-86(b)
24-86(a)
24-81
24-83(c)
24-83(a)
24-83(b)
24-68
24-177(a)
24-176
24-177(b)
24-177(c)(3)
24-177(e)
24-177(h)
24-177(f)
24-177(g)
24-177(c)(1)
24-177(d)(5)
24-177(d)(4)
24-177(d)(3)
24-177(d)(2)
24-177(d)(1)
24-177(c)(2)
24-31
24-117
CODE INDEX
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.)
Special Planned Area District (SPA) (Cont'd.)
Development standards and criteria
Effect on previously approved PUDs
Expiration of time limits provided in ordinance
Master site development plan required
Modifications to previously approved districts or master
site development plans, or PUDs
Permitted uses and site requirements
Platting
Purpose and intent
Required
Rezoning to special planned area district
Materials to accompany application
Ownership and commitment information
Procedure
Stormwater, drainage, storage and treatment require-
ments
Enforcement
Floodplain storage
Minor waivers to impervious surface area limits
NPDES requirements
On-site storage
Stormwater treatment
Topography and grading
Supplementary regulations
Accessory uses and structures
Authorization
By zoning district
In any zoning district; except as to private swimming
pools
Within all residential zoning districts
Boats and watercraft
Damage to, destruction of environmentally sensitive
areas
Intent
Live -aboard vessels prohibited
Private property rights
Public docks and anchoring and mooring restrictions
Unlawful to discharge
Buffers
Required between residential and nonresidential uses
Child care
Churches
Commercial corridor development standards
Building form and finish materials
Delineation of commercial corridors
Fences
Intent
Supp. No. 44 2133
Section
24-121
24-126
24-125
24-122
24-124
24-119
24-123
24-116
24-118
24-120(c)
24-120(b)
24-120(a)
24-66(f)
24-66(c)
24-66(g)
24-66(e)
24-66(b)
24-66(d)
24-66(a)
24-151(a)
24-151(b)
24-151(b)(2)
24-151(b)(1)
24-174(c)
24-174(a)
24-174(e)
24-174(f)
24-174(d)
24-174(b)
24-167
24-152
24-153
24-171(c)
24-171(b)
24-171(f)
24-171(a)
ATLANTIC BEACH CODE
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.)
Supplementary regulations (Cont'd.)
Commercial corridor development standards (Cont'd.)
Landscaping and required buffers 24-171(g)
Lighting 24-171(e)
Signs 24-171(d)
Dumpsters, garbage containers and refuse collection
areas and above -ground tanks 24-160
Establishments offering live entertainment 24-155
Exceptions to height limitations 24-156
Fences, walls and similar structures
Corner lots 24-157(c)
Height and location 24-157(b)
Maintenance of fences ...................... ... 24-157(e)
Permit required 24-157(a)
Structures similar to fences 24-157(d)
Gas stations 24-165
Access to site 24-165(b)
Buffer distance between gas stations 24-165(1)
Discontinuance and abandonment of use 24-165(o)
Effect on existing gas stations 24-165(n)
Enhanced landscaping 24-165(g)
Frontage on commercial arterials 24-165(f)
Hours of operation 24-165(i)
Lighting 24-165(d)
Location of fuel pumps and structures 24-165(c)
Lot dimensions 24-165(a)
Number of fuel pumps 24-165(e)
Outdoor sales of consumable goods 24-165(k)
Reconstruction 24-165(p)
Signage 24-165(j)
Variances 24-165(h)
Home occupations
Approved in accordance with section 24-63 24-159(b)
Intent 24-159(a)
Land clearing, tree removal or damage to existing trees
and vegetation 24-168
Mayport business overlay district 24-175
Applicability 24-175(b)
Commercial vehicle regulations 24-175(e)
Effect of other code provisions 24-175(g)
Outside storage regulations 24-175(f)
Permitted uses 24-175(c)
Purpose and intent 24-175(a)
Uses -by -exception 24-175(d)
Neighborhood preservation and property maintenance
standards
Appropriate maintenance and upkeep 24-173(b)
Purpose and intent 24-173(a)
Supp. No. 44 2134
CODE INDEX
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.)
Supplementary regulations (Cont'd.)
Off-street parking and loading
Additional requirements for multi -family residential
uses
Bicycle parking
Design requirements
General requirements and limitations for parking
areas
Location of required off-street parking spaces
Measurement
Off-street loading spaces
Parking areas and tree protection
Parking space requirements
Plans required
Purpose and intent
Uses not specifically mentioned
Outdoor display, sale, storage of furniture, etc.; busi-
ness activities outside of enclosed buildings
Parking lots
Pharmacies and medical marijuana treatment center
dispensing facilities
Repair of vehicles in residential zoning districts
Residential development standards
Additional standards
Height to wall plate
Requests to vary from residential development
standards
Shade trees
Side wall planes
Special treatment for certain existing single-
family and two-family dwellings
Third floor footprint
Applicability
Purpose and intent
Signs
Storage and parking
Commercial vehicles and recreational vehicles and
equipment
Swimming pools
Fences
Lights
Setbacks
Use -by -exception
Variances
Application
Approval of a variance
Approval of lesser variances
Grounds for approval of a variance
Supp. No. 44 2135
Section
24-161(j)
24-161(k)
24-161(g)
24-161(b)
24-161(f)
24-161(d)
24-161(i)
24-161(1)
24-161(h)
24-161(c)
24-161(a)
24-161(e)
24-154
24-162
24-169
24-163
24-172(c)(2)
24-172(e)
24-172(c)(4)
24-172(c)(1)
24-172(d)
24-172(c)(3)
24-172(b)
24-172(a)
24-166
24-163
24-164(c)
24-164(a)
24-164(b)
24-63
24-64(a)
24-64(e)
24-64(e)
24-64(d)
ATLANTIC BEACH CODE
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.)
Variances (Cont'd.)
Grounds for denial of a variance
Nearby nonconformity
Public hearing
Time period to implement variance
Transferability
Waiting period for re -submittal
LANDSCAPING
Florida -friendly landscaping and landscape irrigation 24-178 et seq.
See: LAND DEVELOPMENT REGULATIONS
Zoning provisions re
See: LAND DEVELOPMENT REGULATIONS
Section
24-64(c)
24-64(f)
24-64(b)
24-64(h)
24-64(i)
24-64(g)
LEASHING DOGS
Provisions re
LICENSES AND PERMITS
Alcoholic beverages
Persons not holding licenses to sell
Building code
Schedule of building permit fees 6-26
Building sewers and connections, permits 22-102, 22-103
Charitable solicitations 18-2 et seq.
See: SOLICITORS, PEDDLERS, ETC.
Development permits
Flood hazard areas
See: FLOOD HAZARD AREAS
Zoning regulations
See. TLSTDETVrLLCIPM TT RECT LtTTn1VYr
Franchise agreements
See: SOLID WASTE AND RECYCLING
Local business license tax
See: TAXATION
Mechanical permits
Motor vehicle title loan lending license
See: TITLE LOANS
Parades and processions, permits for
Plumbing permit
See: PLUMBING CODE
Private wastewater disposal, permits
Residential parking sticker program; permits re
Sign permits
See: SIGNS AND ADVERTISING STRUCTURES
Streets, sidewalks and other public places
See: STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES
24-165 et seq.
4-25
3-3
8-23 et seq.
24-67
16-12 et seq.
20-51 et seq.
6-77
21-64, 21-66
21-2
6-58 et seq.
22-88
21-27
17-61 et seq.
19-2 et seq.
LIENS
Code enforcement board, provisions re liens 2-149, 2-150
Supp. No. 44 2136
CODE INDEX
LIFEGUARDS
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc
Parking of sailboats on beaches not to obstruct lifeguard
activities
Other regulations. See: BEACHES
LIGHTS, LIGHTING
Alcoholic beverage establishments
Lighting requirements on premises
Mobile home parks and recreation vehicle parks
Illuminating at night
Zoning regulations
Supplementary regulations
Gas stations; lighting
LITTERING
Beaches, leaving refuse
LOCAL BUSINESS LICENSE TAX. See: TAXATION
LOCAL LAND DEVELOPMENT REGULATION COMMIS-
SION
Community development board designated as
See: PLANNING
LOCAL PLANNING AGENCY
Community development board designated as
See also: PLANNING
LOITERING
Provisions re
LOST PROPERTY
Disposition of by police
See: POLICE DEPARTMENT
LOTS
Land development regulations
Concurrency management system
Environmental and natural resource regulations
Generally
Subdivision and site improvement regulations
Zoning regulations
See: LAND DEVELOPMENT REGULATIONS
Solid waste and recycling
Removal of lot clearing, contractors' debris; oil and grease
Vacant lots
Dogs and cats running at large
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles
Supp. No. 44 2137
Section
2-6
5-6
3-9
10-2(2)
24-165(d)
5-4
14-22
14-22
13-2
15-16
24-273 et seq.
24-262 et seq.
24-1 et seq.
23-286 et seq.
24-31 et seq.
16-8
4-24
16-7
ATLANTIC BEACH CODE
LOUDSPEAKERS
Alcoholic beverage establishments
Playing of musical or noise -producing equipment outside
of buildings
M
Section
3-10
MAGAZINES
Obscene matter prohibited 13-6
MAIL
Definition of "registered mail" 1-2
MAPS
Community development board
Recommending proposed changes in official map of city . 14-20(3)
Land development regulations
Subdivision and site improvement regulations 23-286 et seq.
Zoning regulations 24-31 et seq.
See: LAND DEVELOPMENT REGULATIONS
MARIJUANA. See: DRUGS
MAYOR -COMMISSIONER. See: CITY COMMISSION
MECHANICAL CODE
Adoption
6-76
Inspection fee 6-77
METERS
Water meters 22-19 et seq.
See: WATERWORKS SYSTEM
MINORS
Definition of "person" to include children 1-2
Minors on streets and public places
Curfew 13-153
Definitions 13-152
Owners of public places, responsibilities 13-154
Parents' responsibility 13-155
Procedures 13-157
Short title 13-151
Special functions 13-156
Violations; penalties 13-158
Nuisances
Abandoned refrigerators, vehicles, etc., proving hazards
for inquisitive minors 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Sexual predators residency requirement 13-161
MISDEMEANORS
State misdemeanors 13-1
MOBILE HOMES AND RECREATIONAL VEHICLES
(Mobile homes, campers, travel trailers, boats, etc.)
Supp. No. 44 2138
CODE INDEX
Section
MOBILE HOMES AND RECREATIONAL VEHICLES (Cont'd.)
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Definitions 10-1
Minimum requirements for parks 10-2
Weight requirements for commercial, recreational, etc.,
vehicles 21-22
Zoning regulations
Storage and parking of commercial vehicles and
recreational vehicles and equipment 24-163
See also: LAND DEVELOPMENT REGULATIONS
MONTH
Defined
1-2
MOSQUITOES
Nuisances enumerated
Preventing propagation of mosquitoes 12-1(b)(4)
Abatement of nuisances, etc. See: NUISANCES
MOTOR VEHICLES AND OTHER VEHICLES
Beaches
Operating motorized apparatus within two hundred feet
of 5-7
Use of vehicle on beach safety zone 5-16
Loud and raucous noises 11-2
Motor vehicle title loans 21-60 et seq.
See: TITLE LOANS
Nuisances enumerated 12-1(b)(6), (7)
Abatement of nuisances, etc. See: NUISANCES
Obstruction of passage of vehicle 13-2
Recreational vehicles 10-1 et seq.
See: MOBILE HOMES AND RECREATIONAL
VEHICLES
Repair of vehicles in residential zoning districts 24-163
Traffic regulations 21-1 et seq.
See: TRAFFIC
Vehicles for hire
Citations authorized; penalties provided 21-85
Classification of vehicles for hire 21-76
Definitions 21-75
Drivers of vehicles for hire 21-82
Engaging in criminal activity 21-83
Equipment and safety requirements for vehicles for hire 21-80
Inspection of vehicles 21-79
Meters required for taxicabs 21-81
Printed matter appearing on a vehicle for hire, (except
limousines); certain information required; advertis-
ing regulated 21-78
Rates and charges 21-84
Supp. No. 44 2139
ATLANTIC BEACH CODE
Section
N
NATIVE VEGETATION. See: TREES AND NATIVE VEGETA-
TION PROTECTION
NOISE
Animal or bird noises
Nuisances. See also that subject
Keeping animals, chickens, etc., which create noise12-1(b)(5)
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Exceptions 11-5
General prohibitions 11-1
Loud and raucous noises 11-2
Loudspeakers, alcoholic beverage establishments
Playing of musical or noise producing equipment outside
of buildings 3-10
Nuisances. See also that subject
Keeping animals, chickens, etc., which create noise 12-1(b)(5)
Others held responsible 11-4
Penalties 11-6
Usual and customary noise 11-3
NONCONFORMING LOTS, USES AND STRUCTURES
Nonconforming signs and waiver to certain provisions 17-51 et seq.
See: SIGNS AND ADVERTISING STRUCTURES
Zoning requirements 24-85
See also: LAND DEVELOPMENT REGULATIONS
NUISANCES
Abandoned, wrecked, junked, or inoperative property, etc.
cclarcd 2 Uisanco 21-24(b)
Abatement of conditions 12-2
Animals and fowl, nuisance provisions 4-27.1 et seq.
See: ANIMALS AND FOWL
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Enumerated 12-1
Notices, hearings, abatement of conditions 12-2
Nuisance control board
Complaints 2-167
Created 2-161
Declaration of public nuisance 2-167
Hearings 2-167
Membership 2-162
Permanent injunctions 2-168
Restrictions 2-169
Public sewers, use of
Prohibited discharges creating public nuisance 22-129(2)
NUMBER
Defined 1-2
Supp. No. 44 2140
CODE INDEX
Section
NUMBERING OF BUILDINGS
Provisions re 6-106 et seq.
See: BUILDINGS AND BUILDING REGULATIONS
NUMBERING OF MOBILE HOME SPACES, ETC.
Requirements for mobile home parks and recreational
vehicle parks
0
OATH
Code enforcement board's power to take testimony under
oath
Defined
OBSCENITY. See: INDECENCY AND OBSCENITY
10-2(7)
2-148
1-2
OBSTRUCTIONS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite obstructions,
creating obstructions, etc. 21-25
Lifeguard activities on public beaches
Parking of sailboats not to obstruct 5-6
Obstructing access to public buildings, etc. 13-2
Public sewers, use of
Discharges causing obstructions to flow in sewers 22-129(4)
Stopping, standing or parking vehicles alongside or opposite
any street excavation or obstruction 21-17(7)
OCCUPATIONAL LICENSE TAX
Local business license tax 20-51 et seq.
See: TAXATION
OCEAN BEACH
Beaches, regulations for 5-1 et seq.
See: BEACHES
ODORS
Nuisances. See also that subject
Keeping of animals, chickens, etc., creating noxious odors 12-1(b)(5)
Public sewers, use of
Limitations on discharge concentrations or quantities
Waters or wastes containing odor -producing substances 22-130(6)
OFFENSES
Miscellaneous offenses and regulations 13-1 et seq.
Specific penalties, remedies, etc. See specific offenses as
indexed alphabetically according to subject
OFFICERS AND EMPLOYEES
Benefits of employees
See also herein specific subjects
Board of trustees of city employee's retirement system. See
herein: Retirement System
Supp. No. 44 2141
2-241 et seq.
ATLANTIC BEACH CODE
OFFICERS AND EMPLOYEES (Cont'd.)
Building official
See: BUILDINGS AND BUILDING REGULATIONS
Chief of fire department
See: FIRE DEPARTMENT
Chief of police
See: POLICE DEPARTMENT
Compensation, salaries, etc.
Certain ordinances saved from repeal
Convenience business security act
Employee training
Retirement system. See herein that subject
Defense of civil actions against; payment of judgments or
settlements
Defined contribution plan
Administrative provisions
Contribution provisions
Earnings
Eligibility and membership requirements
Normal retirement age
Plan year
Spousal protection
Variable employer match of voluntary participant contribu-
tions
Vesting provisions
Withdraws and loans
Definition
Director of finance
See: FINANCES
Director of public safety
Disability retirement
Retirement system. See herein that subject
Floodplain administrator
See: FLOOD HAZARD AREAS
Insurance
Old -age and survivors insurance. See herein that subject
Joint authority
Defined
Life guard captain
Old -age and survivors insurance
Appropriations and payment of contributions by city
Custodian of funds and withholding and reporting agent
Designation of
Exclusions
Executive of agreements by mayor -commissioner
Records and reports
Social Security Act, acceptance of
Statement of policy
Withholdings from wages
Section
6-108 et seq.
7-17 et seq.
2-51 et seq.
1-5
13-165=Deaths
Supp. No. 44 2142
2-1
2-310.29
2-310.24
2-310.25
2-310.20
2-310.22
2-310.21
2-310.28
2-310.23
2-310.26
2-310.27
1-2
2-71 et seq.
2-41
8-14 et seq.
1-2
2-63
2-244
2-248
2-246
2-242
2-245
2-247
2-241
2-243
CODE INDEX
Section
OFFICERS AND EMPLOYEES (Cont'd.)
Pensions
Old -age and survivors insurance. See herein that subject
Retirement system. See herein that subject
Retirement system
General employees' retirement system
Beneficiaries 2-271
Benefit amounts and eligibility 2-266
Board of trustees 2-263
Contributions 2-265
Deferred retirement option plan 2-286
Definitions 2-261
Direct transfers of eligible rollover distributions 2-281
Disability 2-268
Domestic relations orders; retiree directed payments;
exemption from execution, non -assignability 2-277
Family and Medical Leave Act 2-282
Finances and fund management 2-264
Forfeiture of pension 2-279
Indemnification 2-280
Maximum pension 2-274
Membership 2-262
Military service prior to employment 2-283
Minimum distribution of benefits 2-275
Miscellaneous provisions 2-276
Optional forms of benefits 2-270
Pension validity 2-278
Pre -retirement death 2-267
Prior government service 2-284
Reemployment after retirement 2-285
Roster of retirees 2-273
Vesting 2-269
Police officers' retirement system
Beneficiaries 2-310
Benefit amounts and eligibility 2-305
Board of trustees 2-302
Claims procedures 2-310.1
Contributions 2-304
Conviction and forfeiture; false, misleading or fraudulent
statements 2-310.11
Deferred retirement option plan 2-310.18
Definitions 2-300
Direct transfers of eligible rollover distributions 2-310.13
Disability 2-307
Domestic relations orders; retiree directed payments;
exemption from execution, non -assignability 2-310.8
Family and Medical Leave Act 2-310.14
Finances and fund management 2-303
Forfeiture of pension 2-310.10
Indemnification 2-310.12
Supp. No. 44 2143
ATLANTIC BEACH CODE
Section
OFFICERS AND EMPLOYEES (Cont'd.)
Retirement system (Cont'd.)
Police officers' retirement system (Cont'd.)
Maximum pension 2-310.4
Membership 2-301
Military service prior to employment 2-310.15
Minimum distribution of benefits 2-310.5
Miscellaneous provisions 2-310.6
Optional forms of benefits 2-309
Pension validity 2-310.9
Pre -retirement death 2-306
Prior police service 2-310.16
Reemployment after retirement 2-310.17
Repeal or termination of system 2-310.7
Reports to division of retirement 2-310.2
Roster of retirees 2-310.3
Supplemental benefit component for special benefits;
chapter 185 share accounts 2-310.19
Vesting 2-308
Social security
Old -age and survivors insurance. See herein that subject
Travel expenses
Uniform travel policy and procedure 2-356 et seq.
See: TRAVEL
Waterworks system
Right of access by city employees 22-19
Tapping of mains, etc., restricted to city employees 22-15
OFFICIAL MAP. See: MAPS
014'F -STREET ET PARKA" G
Off-street parking and loading
Zoning regulations 24-161 et seq.
See: LAND DEVELOPMENT REGULATIONS
OIL, GREASE, ETC.
Public sewers, use of
Grease, oil and sand interceptors 22-132
Limitations on discharge concentrations or quantities 22-130
Prohibited discharges 22-129
Solid waste and recycling
Removal of lot clearing, contractors' debris; oil and grease 16-8
OPEN BURNING
Fire prevention and life safety 7-36
ORDINANCES
Code of ordinances 1-1 et seq.
See: CODE OF ORDINANCES
OWNER
Defined
Supp. No. 44 2144
1-2
CODE INDEX
OWNER (Cont'd.)
Solid waste and recycling
Franchise agreements
Ownership of recyclable materials
P
Section
16-26
PARADES AND PROCESSIONS
Noise provisions; exceptions 11-5
Permits required for 21-2
PARKING
Beaches, regulations for 5-1 et seq.
Parking of sailboats 5-6
Residential parking sticker program 21-27
Stopping, standing and parking of vehicles 21-16 et seq.
See: TRAFFIC
Zoning regulations 24-161 et seq.
See: LAND DEVELOPMENT REGULATIONS
PARKING LOTS
Loitering in public places, etc. 13-2
Zoning requirements for vehicular use area interior landscap-
ing requirements 24-177(c)
PARKS, PLAYGROUNDS AND RECREATION
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
Beaches, regulations for 5-1 et seq.
Use of public parks prohibited after dark 5-31
Definition of "public place" to include parks 1-2
Dogs and cats running at large 4-24
Supp. No. 44 2144.1
CODE INDEX
Section
REFRIGERATORS
Abandoned refrigerators, nuisance provisions 12-1(b)(6), (7)
Abatement of nuisances, etc. See: NUISANCES
REFUSE. See: GARBAGE AND REFUSE
REGISTRATION
Charitable solicitation permit regulations re 18-2
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Involuntary termination of registration 19-39
Registration 19-33
RENTALS
Fair housing 9-17 et seq.
See: FAIR HOUSING
Waterworks system
Initial payment of minimum water rental 22-16
REPEAL OF ORDINANCES. See: CODE OF ORDINANCES
REPLICA FIREARMS
Definitions
Possession and use regulated
RESTAURANTS. See: FOOD AND FOOD ESTABLISH-
MENTS
13-8
13-9
RETIREMENT
General employees' retirement system 2-261 et seq.
See: OFFICERS AND EMPLOYEES
REWARDS
Arsonists
Reward for information leading to conviction of 7-2
RIGHTS-OF-WAY
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended upon any street or right-of-way 21-25(a)
Building sewer installations, excavations within public
right-of-way 22-111
Streets, sidewalks and other public places 19-1 et seq.
See: STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES
ROOF DOWNSPOUTS
Building sewers and connections
Connection of downspouts 22-108
ROOF RUNOFF OF STORMWATER, ETC.
Discharging into sanitary sewers 22-127
RUBBISH. See also: GARBAGE AND REFUSE
Nuisances enumerated 12-1
Abatement of nuisances, etc. See: NUISANCES
Supp. No. 44 2149
ATLANTIC BEACH CODE
S
SAFETY. See: PUBLIC SAFETY
Section
SAFETY ZONES
Beach safety zones 5-16 et seq.
See: BEACHES
Roadway safety zones 19-5
SAILBOATS
Beaches, regulations for 5-1 et seq.
See: BEACHES
SALES
Alcoholic beverage sales 3-2 et seq.
See: ALCOHOLIC BEVERAGES
Confiscated or lost property, disposition of
Sale of property 15-16 et seq.
See: POLICE DEPARTMENT
Drug paraphernalia, sale of 13-5
Fair housing, discrimination in sales 9-17 et seq.
See: FAIR HOUSING
Land development regulations
Zoning regulations
Supplementary regulations
Gas stations; outdoor sales of consumable goods 24-165(k)
Standing or parking vehicle for purpose of displaying it for
sale 21-21
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Notice of transfer, sale or assignment of assets 19-34
SCHOOL YARDS
Definition of "public place" to include school yards 1-2
SCHOOLS
Alcoholic beverage establishments, location of 3-6
Loud and raucous noises 11-2
Sexual predators residency requirement 13-161
SECONDHAND PLUMBING FIXTURES
Plumbing permits
Determination of ownership of secondhand fixtures prior
to issuance 6-58
SEPTIC TANKS
Constructing 22-73
SETBACKS
Mobile home parks and recreational vehicle parks
Setback requirements 10-2(3)
SEVERABILITY OF PARTS OF CODE
Provisions re 1-8
Supp. No. 44 2150
CODE INDEX
SEWERS AND SEWAGE DISPOSAL
Wastewater system
See: WASTEWATER SYSTEM
SEXUAL CONDUCT
Sexual predators residency requirement
SEXUAL DISCRIMINATION
Fair housing
See: FAIR HOUSING
SHAFTS, ABANDONED
Nuisances enumerated
Abatement of nuisances, etc. See: NUISANCES
SHALL; MAY
Definition
SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES
SIGNS AND ADVERTISING STRUCTURES
Cause for removal of signs, abandoned signs, and prohibited
signs
Prohibited signs and devices
Removal of unsafe, damaged or poorly maintained, and
abandoned signs
Abandoned signs
Damaged signs and poorly maintained signs
Unsafe signs
Code enforcement board's jurisdiction re
See: CODE ENFORCEMENT BOARD
Community development board
See: PLANNING
Definitions and references to other chapters within this
Code
Intent
Land development regulations
Zoning regulations
Supplementary regulations
Gas stations; signage
"No Solicitation" sign, posting of
Nonconforming signs and waiver to certain provisions
Application
Calculation of permitted sign size
Fees
Nonconforming signs
Permit required
Requests to waive certain terms of this chapter
Residential parking permit signs, posting of
Signs permitted
Banner signs
Exempt signs
Supp. No. 44 2151
Section
22-56 et seq.
13-161
9-17 et seq.
12-1(b)(6)
1-2
17-42
17-41
17-41(c)
17-41(b)
17-41(a)
2-146
14-16 et seq.
17-2
17-1
24-165(j)
18-5
17-62
17-63
17-64
17-51
17-61
17-52
21-27(d)
17-33
17-26
ATLANTIC BEACH CODE
SIGNS AND ADVERTISING STRUCTURES (Cont'd.)
Signs permitted (Cont'd.)
General provisions applying to all permitted signs
Signs permitted within commercial and industrial zoning
districts
Signs permitted within residential zoning districts
Signs placed on public buildings and structures and
within public parks
Signs within conservation (CON) zoning districts
Signs within special purpose (SP) and planned unit
development (PUD) zoning districts
Section
17-27
17-29
17-28
17-32
17-31
17-30
SLEEPING
Loitering, sleeping, etc., in streets, parks, etc. 13-2
SMOKE DETECTORS
Fire prevention and life safety
Smoke detection power source 7-33
SOCIAL SECURITY
Old -age and survivors insurance 2-241 et seq.
See: OFFICERS AND EMPLOYEES
SOLICITATION
Aggressive solicitation prohibited 13-12
SOLICITORS, PEDDLERS, ETC.
Charitable solicitations
Books and records, inspection of 18-6
Definitions 18-1
Exceptions 18-8
"No Solicitation" sign, posting of 18-5
Permits
Fees 18-3
Fingerprinting required 18-2
Registration required 18-2
Revocation 18-7
Prohibitions 18-4
Regulations generally 18-4
Violations and penalties 18-9
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
SOLID WASTE AND RECYCLING
Annual review of fees
Burial of solid waste
Definitions
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles
Fees for collection
Franchise agreements
Application; fee action by city commission
Authority of permit holders
Supp. No. 44 2152
16-11
16-6
16-1
16-7
16-10
16-20
16-25
CODE INDEX
Section
SOLID WASTE AND RECYCLING (Cont'd.)
Franchise agreements (Cont'd.)
City's collection exempt from sections 16-10 through
16-18 16-19
Conflict of provisions 16-31
Effective date 16-32
Enforcement 16-29
Franchise award procedures 16-14
Franchise fees 16-16
Grant of authority 16-13
Issuance of permit 16-21
Noncompliance 16-17
Ownership of recyclable materials 16-26
Permit requirements and rules 16-22
Permits not transferable 16-24
Prima facie evidence of production of garbage; duty of city
to inspect premises 16-28
Private refuse collectors; collection of commercial recycling
and construction and demolition debris 16-18
Residential and commercial solid waste collection franchise 16-12
Restrictions on removal of deposited recyclables 16-27
Revocation or suspension of permits 16-23
Term 16-15
Violations and penalties 16-30
Garbage and trash containers 16-3
Hazardous or electronic waste 16-5
Land development regulations
Concurrency management system; capacity and level of
service inventory
Solid waste disposal 24-279(c)
Dumpsters, garbage containers and refuse collection
areas and above -ground tanks
Zoning regulations 24-160
See also: LAND DEVELOPMENT REGULATIONS
Leaves and grass clippings; tree trunks 16-4
Removal of lot clearing, contractors' debris; oil and grease 16-8
Solid waste collection 16-2
White goods, bulk items and special pickups, procedure and
fees for removal 16-9
STAGNANT WATER
Nuisances. See also that subject
Allowing or permitting stagnant water to accumulate 12-1(b)(4)
STATE MISDEMEANORS
Committing 13-1
STATE OF FLORIDA
Definition 1-2
STATE TRAFFIC LAW
Adoption of Florida Uniform Traffic Control Law 21-1
Supp. No. 44 2153
ATLANTIC BEACH CODE
Section
STOPPING OF VEHICLES
Regulated 21-16 et seq.
See: TRAFFIC
STORAGE
Abandoned, wrecked, junked, inoperative, etc., vehicles
Parking, storing or leaving longer than seventy-two
hours
Declared unlawful; exception; nuisance declared 21-24
Removing and impounding 21-25
Towage and storage charges 21-26
Towing and storage, charges for 21-51
See also: WRECKER SERVICE
Zoning regulations
Development, construction, storage within zoning districts
All structures 24-65(c)
Temporary construction trailers or structures 24-65(a)
Temporary storage structures and uses 24-65(b)
Outdoor sale, storage of furniture outside of enclosed
buildings 24-154
Storage and parking of commercial vehicles and
recreational vehicles and equipment 24-163
Stormwater, drainage, storage and treatment require-
ments 24-66
STORM DRAINAGE. See: DRAINAGE
STORMWATER
Discharging into sanitary sewers 22-127
Discharging into storm sewers or natural outlets 22-128
�iI n haz rr� preps 8 1 ct .. c,..
See: FLOOD HAZARD AREAS
Land development regulations
Concurrency management system; capacity and level of
service inventory
Stormwater and drainage 24-279(d)
Zoning regulations
Stormwater, drainage, storage and treatment require-
ments 24-66
See also: LAND DEVELOPMENT REGULATIONS
STORMWATER MANAGEMENT
Billing 22-310
Collection 22-310
Comprehensive plan re 22-304
Customer base 22-308
Definitions 22-303
Directors 22-306
Enterprise fund 22-309
Findings of fact 22-302
Powers and duties 22-307
Supp. No. 44 2154
CODE INDEX
Section
STORMWATER MANAGEMENT (Cont'd.)
Rates and charges
Appeal process 22-337
Definitions 22-333
Enforcement 22-336
Fee schedule 22-335
Findings of fact 22-332
Short title 22-331
Utility fee category 22-334
Violations and penalties 22-336
Short title 22-301
Utility established 22-305
STREAMS. See: WATERCOURSES, WATERWAYS
STREET ADDRESSES
Fire prevention and life safety
Street address identification 7-37
Numbering of buildings, mobile homes, etc.
Mobile home parks and recreational vehicle parks
Requirements for 10-2(7)
Provisions re 6-106 et seq.
See: BUILDINGS AND BUILDING REGULATIONS
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Abandoned, wrecked, junked, etc., vehicles
Left unattended on sidewalks 21-25
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
Building sewers and connections
Barricading, restoring excavations in streets, sidewalks,
etc 22-111
Closing of streets for various events 19-3
Communications facilities in public rights-of-way
Abandonment of a communications facility or utility pole 19-48
Appeals 19-40
At -grade facility, below -grade facility, wireline facility,
and utility pole permit conditions 19-36
Collocation fees 19-37.7
Construction bond 19-45
Definitions 19-32
Enforcement remedies 19-47
Existing communications facility 19-42
Fees applicable to those not subject to communications
services tax 19-41
Findings, intent and scope 19-31
Indemnification 19-44
Insurance 19-43
Involuntary termination of registration 19-39
Make-ready work 19-37.6
Supp. No. 44 2155
ATLANTIC BEACH CODE
Section
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
Communications facilities in public rights-of-way (Cont'd.)
Notice of transfer, sale or assignment of assets 19-34
Objective design standards 19-36.1,
19-37.4
Performance bond 19-46
Permit requirements; application; review timeframes 19-37.2
Registration 19-33
Reservation of rights 19-49
Revocation or suspension of development permits 19-38
Rules, regulations and general conditions to placement of
and use of communications systems and facilities
and utility poles in the public right-of-way 19-35
Short title 19- 30
Small wireless facility collocation permit conditions 19-37.3
Waiver of objective design standards for small wireless
facilities 19-37.5
Waiver of the objective design standards for at -grade
facilities, below -grade facilities, wireline facilities,
and utility poles 19-36.2
Wireless facilities 19-37
Wireless facilities allowed in the public rights-of-way19-37.1
Community development board 14-16 et seq.
See: PLANNING
Construction within and/or use of city rights-of-way 19-1
Definitions 1-2
Digging up streets. See herein: Excavations
Dogs on streets to be leashed 4-25
Dogs or cats running at large on public streets 4-24
Driveways
Construction of driveways in rights-of-way 19-7
Excavations
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite street excava-
tions 21-25(a)(2)
Stopping, standing or parking vehicles alongside or opposite
any street excavation 21-17(7)
Intersections
Sight distance requirements and safety zones 19-5
Loitering, obstructions, etc., in public places 13-2
Minors on streets and in public places 13-151 et seq.
See: MINORS
Mobile home parks and recreational vehicle parks
Requirement for streets 10-2
Naming, renaming
Certain ordinances saved from repeal 1-5
Nuisances. See also that subject
Acts, occurrences and conditions constituting nuisances
and public places 12-1
Supp. No. 44 2156
CODE INDEX
Section
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
Nuisances. See also that subject (Cont'd.)
Discharging water from water -source heat pumps onto
public streets 12-1(b)
Storing, depositing, etc., garbage, sewage, etc., in streets 12-1(b)(2)
Numbering of buildings. See also: BUILDINGS AND BUILD-
ING REGULATIONS
Assigning street numbers 6-110
Street numbering districts designated 6-109
Obstructing passage upon public streets, etc. 13-2
Obstructions to streets
Stopping, standing or parking vehicles alongside or opposite
street excavation or obstruction 21-17(7)
Opening, accepting, etc.
Certain ordinances saved from repeal 1-5
Permits and revocable licenses required 19-2
Public place defined 1-2
Safety zones 19-5
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles 16-7
Special events 19-4
Closing of streets for various events 19-3
Stopping, standing or parking vehicle
Alongside or opposite street excavation 21-17(6)
On sidewalks 21-17(1)
Subdivision and site improvement regulations
Design and construction standards
Clearing and grading of rights-of-way 24-259
Easements 24-254
Streets 24-252
Subdivision regulations 24-186 et seq.
See: LAND DEVELOPMENT REGULATIONS
Traffic calming devices 19-6
Trees and native vegetation protection 23-1 et seq.
See: TREES AND NATIVE VEGETATION PROTEC-
TION
Utility placement within city rights-of-way
Applicability 19-20
Authority to implement article 19-26
Fees authorized 19-24
Moving or removal of utility lines 19-25
Noncompliance unlawful 19-27
Permit required 19-21
Provisions of permit 19-22
When bond may be required 19-23
Vacating
Certain ordinances saved from repeal 1-5
Supp. No. 44 2157
ATLANTIC BEACH CODE
Section
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
Waterworks system
Extensions of water mains in existing streets 22-38
SUBDIVISIONS
Subdivision and Site Improvement Regulations 24-186 et seq.
See: LAND DEVELOPMENT REGULATIONS
Trees and native vegetation protection 23-1 et seq.
See: TREES AND NATIVE VEGETATION PROTEC-
TION
SUBPOENAS
Code enforcement board's power to subpoena witnesses,
records, etc.
2-148
SUPPLEMENTATION OF CODE
Revisions re 1-10
SURETY BOND. See: BOND, SURETY
SURFACE WATER. See: DRAINAGE
SURFBOARDS
Beaches, regulations for 5-1 et seq.
Surfboards 5-5
SURVEYS
Code enforcement board's power to subpoena surveys,
plats, etc 2-148
Community development board
Special survey work of city manager 14-20(10)
SWIMMING
Beaches, regulations for 5-1 et seq.
See: BEACHES
SWIMMING POOLS
Code enforcement board's jurisdiction re
See: CODE ENFORCEMENT BOARD
Zoning regulations for swimming pools
2-146
24-164
SYNDICATES
Definition of "person" to include syndicates 1-2
T
TAXATION
Additional homestead exemption
Annual adjustment to household income 20-83
Annual filing of household income statement 20-84
Authorized 20-82
Definitions 20-81
Exercise of municipal powers 20-80
Certain ordinances saved from repeal 1-5
Supp. No. 44 2158
CODE INDEX
Section
TAXATION (Cont'd.)
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Homestead exemption. See herein: Additional Homestead
Exemption
Insurance premium taxes
Casualty risks 20-76
Payment date 20-78
Property insurance 20-77
Local business license tax
Businesses falling under more than one classification 20-55
Compliance by receipt holders 20-56
Definitions 20-51
Due dates and delinquencies; penalties 20-54
Exemptions 20-58
Half-year receipts 20-53
Inspections 20-52.1
Levy 20-52
Operating more than one location 20-55
Schedule of fees 20-59
Transfer 20-57
Public service tax
Duty of seller to collect tax and pay same to city 20-17
Exemption of governmental agencies and churches 20-19
Failure of seller to collect tax 20-17
Imposed, amount 20-16
Nonpayment of tax
Authority of seller to discontinue service 20-17
Payment to be made to seller 20-16
Records to be kept by seller 20-18
Inspection of records by city agents 20-18
Telephone service
Duty of seller to collect 20-33
Exemptions 20-32
Levy; when payable 20-31
Monthly payments; computation of tax 20-36
Records to be kept by seller 20-34
Inspector, transcripts 20-34
Telephone calls, limitation as to 20-35
Utility services to which applicable 20-16
When purchase deemed made within city 20-20
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Fees applicable to those not subject to communications
services tax 19-41
Telephone service. See herein: Public Service Tax
TAXICABS
Weight requirements for commercial, recreational, etc.,
vehicles
Supp. No. 44 2159
21-22
ATLANTIC BEACH CODE
Section
TELEPHONE TAX
Provisions re 20-31 et seq.
See: TAXATION
TENANTS
Definition of "owner" to include tenants 1-2
TENSE
Defined
1-2
TIME, COMPUTATION OF
Defined 1-2
TITLE LOANS
Definitions 21-60
Maximum interest rate 21-62
Motor vehicle title loan transactions 21-61
Title loan lending license 21-64
Transaction satisfaction and default 21-63
Transition period for regulations, restrictions and licensure
provisions 21-66
Violations and penalties 21-65
TOBACCO, TOBACCO PRODUCTS
Tobacco product placement 13-14
TOILET FACILITIES
Use of public sewers required
Installation of toilet facilities 22-74
TOWING SERVICE. See: WRECKER SERVICE
TOXIC SOLIDS, LIQUIDS OR GASES
T. 7 l • r
i uuu� SevveYb, use Ut
Limitations on discharge concentrations or quantities 22-130(5)
Prohibited discharges 22-129
TRAFFIC
Abandoned, wrecked, junked or inoperative property, etc.
Declared unlawful; exception; nuisance declared 21-24
Removing and impounding 21-25
Towage and storage charges 21-26
Beaches, regulations for 5-1 et seq.
Operating motorized apparatus within two hundred feet
of 5-7
Parking of sailboats on beaches not to obstruct lifeguard
activities 5-6
Use of vehicle on beach safety zone 5-16
Certain ordinances saved from repeal 1-5
Florida Uniform Traffic Control Law; Manual on Uniform
Traffic Control Devices
Adoption 21-1
Motor Vehicle Title Loans
Definitions 21-60
Supp. No. 44 2160
CODE INDEX
Section
TRAFFIC (Cont'd.)
Motor Vehicle Title Loans (Cont'd.)
Maximum interest rate 21-62
Motor vehicle title loan transactions 21-61
Title loan lending license 21-64
Transaction satisfaction and default 21-63
Transition period for regulations, restrictions and licen-
sure provisions 21-66
Violations and penalties 21-65
Parades and processions
Permit required 21-2
Parking. See herein: Stopping, Standing and Parking
Safety zones 19-5
Stopping, standing and parking
Abandoned, wrecked, junked or inoperative property, etc
Declared unlawful; exception; nuisance declared 21-24
Removing and impounding 21-25
Towage and storage charges 21-26
Commercial, recreational, etc., vehicles; weight require-
ments 21-22
Compliance with signs prohibiting parking required 21-19
Enforcement
Disposition of money collected as fines 21-40
Form of citations 21-37
Issuance of citations 21-36
Payment of parking fines 21-39
Presumption of motor vehicle ownership 21-41
Schedule of fines 21-38
Manner of parking 21-16
Obstructing traffic 21-18
Parking for certain purposes prohibited 21-21
Parking in the right-of-way 21-23
Parking limitations 21-20
Prohibited in specific areas 21-17
Traffic calming devices 19-6
Traffic -control signs, signals and devices
Compliance with signs prohibiting parking 21-19
Manual on Uniform Traffic Control Devices adopted 21-1
Parking limitations where signs are erected 21-20
Vehicles for hire 21-75 et seq.
See: MOTOR VEHICLES AND OTHER VEHICLES
Wrecker service
Charges for towing and storage 21-51
Establishment of rotating wrecker call list 21-50
Liability insurance 21-53
Repairing vehicles without authorization prohibited 21-54
Wreckers to be equipped at all times 21-52
TRAILERS. See: MOBILE HOMES AND RECREATIONAL
VEHICLES
Supp. No. 44 2161
ATLANTIC BEACH CODE
Section
TRAPPING
Trapping birds, wild fowl, etc 4-4
TRASH. See: GARBAGE AND REFUSE
TRAVEL
Uniform travel policy and procedure
Auditing 2-365
Authority to incur travel and business expenses 2-357
Authorized travel 2-363
Definitions 2-356
Expense forms and regulations 2-359
Fraudulent claims 2-366
Funding 2-358
Reimbursable incidental expenses 2-364
Schedule for meal allowance and accommodations 2 360
Subsistence 2-361
Transportation 2-362
TRAVEL TRAILERS. See: MOBILE HOMES AND
RECREATIONAL VEHICLES
TREES AND NATIVE VEGETATION PROTECTION
Amendments to provisions 23-4
Applicability 23-2
Definitions 23-8
Intent 23-1(b)
Land development regulations and comprehensive plan
Relationship 23-3
Purpose 23-1(a)
Tree and vegetation regulations
Administrator 23-13
Appeals
Procedure to file an appeal 23-25(a)
Stay of work 23-25(b)
Areas of special concern
Applicability 23-40
Historic corridors and heritage trees
Criteria 23-41(b)
Designation 23-41(a)
Documentation 23-41(c)
Mitigation 23-41(d)
City commission 23-12
Contagious diseased and pest -infested trees; elimination 23-36
Elimination of
Fees
Application 23-26(a)
Reinspection 23-26(b)
Research or extensive time fees (per hour) 23-26(c)
Inspections
Final inspection and notice of completion 23-24(a)(3)
Initial inspection 23-24(a)(1)
Supp. No. 44 2162
CODE INDEX
TREES AND NATIVE VEGETATION PROTECTION (Cont'd.)
Tree and vegetation regulations (Cont'd.)
Inspections (Cont'd.)
Maintenance inspections
Protective barricade inspection
Reinspection fees
Maintenance and monitoring requirements
Determination of success
Large-scale projects
Minimum tree requirements
Mitigation
Payment in lieu of replacement/relocation
Permits
Amendment
Application required
Compliance review and approval of applications
Fees
Review by other agencies
Sufficiency review of applications
Claims for exemptions; verification may be required
Content
Exemptions
Expiration
Posting
Required
Revocation
By administrator
Discontinuance of work
Prohibitions
Attachments
Excessive, improper pruning
Pruning, removal of city trees
Tree spiking
Unauthorized clearing
Scope
Site preparation
Tree conservation trust fund
Administration
Assets
Establishment
Terms of existence
Tree protection during development and construction
Restrictions during construction
Adjacent properties
Burden of tree protection on property owner
Disposal of waste materials
Placement of materials, machinery, or temporary
soils
Protective barriers and signage required
Undesirable species; elimination
Supp. No. 44 2163
Section
23-24(a)(4)
23-24(a)(2)
23-26(b)
23-34(1)
23-34(2)
23-30
23-33
23-37
23-23(h)
23-23(a)
23-23(d)
23-26(a)
23-23(c)
23-23(b)
23-22
23-23(f)
23-22
23-23(e)
23-23(g)
23-21
23-23(i)(1)
23-23(i)(2)
23-31(d)
23-31(a)
23-31(b)
23-31(c)
23-31
23-11
23-24(b)
23-14(d)
23-14(c), (e)
23-14(a)
23-14(b)
23-32(d)
23-32(b)
23-32(a)(2)
23-32(a)(1)
23-32(c)
23-35
ATLANTIC BEACH CODE
Section
TREES AND NATIVE VEGETATION PROTECTION (Cont'd.)
Tree and vegetation regulations (Cont'd.)
Violations, enforcement and penalties
Code enforcement action 23-50
Environmental stewardship committee; intent 23-52
Notice of violation 23-47
Penalties 23-51
Requirement for emergency or immediate corrective
action 23-49
Stop work order 23-48
Violations 23-46
TREES AND SHRUBBERY (General)
See also: TREES AND NATIVE VEGETATION PROTEC-
TION
Code enforcement board's jurisdiction re 2-146
Land clearing, tree removal or damage to existing trees and
vegetation 24-168
Roadway safety zones; planting on 19-5
Solid waste and recycling
Leaves and grass clippings; tree trunks 16-4
Weight requirements for commercial, recreational, etc.,
vehicles 21-22
Zoning supplemental regulations
Off-street parking and loading
Parking areas and tree protection 24-161(1)
TRUCKS
Weight requirements for commercial, recreational, etc.,
vehicles 21-22
TRUSTS
Definition of "person" to include trusts 1-2
U
UNDERGROUND WIRING
Mobile home parks and recreational vehicle parks 10-2(4)
UTILITIES
Generally
Accounts receivable write-offs 22-5
Authority to adjust or waive charges in appropriate cases 22-4
Combined sewer and water systems 22-1
Return investment policy for Buccaneer plant 22-2
Voluntary collection program to assist needy with utility
bills 22-3
Public service tax 20-16 et seq.
See: TAXATION
Public utilities, department of
Created 2-84
Other duties 2-87
Supp. No. 44 2164
CODE INDEX
Section
UTILITIES (Cont'd.)
Public utilities, department of (Cont'd.)
Utility director
Appointment, compensation 2-85
Duties 2-86
Stormwater management 22-301 et seq.
See: STORMWATER MANAGEMENT
Streets, sidewalks and other public places 19-1 et seq.
See: STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES
Voluntary collection program to assist needy with utility
bills 22-3
Wastewater system 22-56 et seq.
See: WASTEWATER SYSTEM
Waterworks system 22-14 et seq.
See: WATERWORKS SYSTEM
V
VACANT HOUSES
Water service
Liability of consumer for charges
Allowance made for vacant houses 22-23
VACANT LOTS
Dogs and cats running at large 4-24
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles 16-7
VEGETATION
Gardens. See that subject
Trees and native vegetation protection
See: TREES AND NATIVE VEGETATION PROTEC-
TION
Weeds and brush. See that title
VEHICLES. See: MOTOR VEHICLES AND OTHER
VEHICLES
23-1 et seq.
VERMIN
Nuisances
Permitting buildings to become vermin infested 12-1(b)(8)
Abatement of nuisances, etc. See: NUISANCES
W
WALLS. See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Supp. No. 44 2164.1
ATLANTIC BEACH CODE
Section
WASTEWATER SYSTEM
Bills
Sewer user classification rates and charges. See herein
that subject
Building sewers and connections
Barricading, restoring excavations 22-111
Building and plumbing codes, conformance with 22-106
Connections 22-109
Conformance; making gastight and watertight; devia-
tions 22-109
Connection of roof downspouts, foundation drains, surface
runoff, etc. 22-108
Inspections; supervision of connections 22-110
Costs and expenses; indemnification of city against loss,
Elevation
Supp. No. 44 2164.2
22-101
22-107