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Original Code (OC) adopted in 1984 with Supplement 1 CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA Published by Order of the City Commission MUNICIPAL CODE CORPORATION 1111 Tallahassee,Florida 1984 OFFICIALS of the CITY OF ATLANTIC BEACH,FLORIDA AT THE TIME OF THIS CODIFICATION • William S. Howell Mayor Robert B. Cook William I. Gulliford, Jr. John W. Morris, Jr. Catherine Van Ness City Commission Claude L. Mullis City Attorney A. William Moss City Manager Adelaide R. Tucker City Clerk 111 iii 4110 PREFACE This Code constitutes a complete recodification of the ordinances of the City of Atlantic Beach of a general and permanent nature. Source materials used in the preparation of the Code were the 1970 Code, as supplemented through October 8, 1979, and ordinances subsequently adopted by the Commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Tables appearing in the back of this volume, the reader can locate any section of the 1970 Code, as supple- mented, and any subsequent ordinance included herein. The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this volume. Numbering System The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 4 is numbered 4-1 and the fourth section of Chapter 2 is 2-4. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of one section that would logically come between Sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or,in the case of articles,may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being as- signed to the article or division. Indices The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which he is interested. Looseleaf Supplements A special feature of this Code to which the attention of the user is espe- cially directed is the looseleaf system of binding and supplemental servicing 41110 for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances,they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.Each such amendment, when incorporated into this Code, may be cited as a part hereof. The successful maintenance of this Code up-to-date at all times will de- pend largely upon the holder of the volume. As revised sheets are received, it will then become the responsibility of the holder to have the amendments :inserted according to the attached instructions. Itis strongly recommended by the publishers that all such amendments be inserted immediately upon re- ceipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments The .publication of this Code was under direct supervision of George R. Langford, President, and Bill Carroll, Supervising Editor, and Frances Ward, Editorial Assistant, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publishers are most grateful to Mr. Claude L. Mullis, City Attorney, and Mr. A. William Moss, City Manager, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publishers have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs. MUNICIPAL CODE CORPORATION Tallahassee, Florida vi ORDINANCE NO. 47-85-2 An Ordinance Adopting and Enacting a New Code for the City of Atlantic Beach, Florida; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included therein; Providing a Penalty for the Violation Thereof, Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective. Be It Ordained By The City Commission: Section 1. The Code of Ordinances, consisting of Chapters 1 to 24, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Atlantic Beach, Florida," which Code shall supersede all general and perma- nent ordinances of the City passed on or before April 9, 1984, to the extent provided in Section 2 hereof. Section 2. All provisions of the Code shall be in full force and effect from and after February 11, 1985, and all ordinances of a general and permanent nature enacted on final passage on or before April 9, 1984, and not included in the Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of the Code. Section 3. The repeal provided for in Section 2 hereof shall not be con- strued to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, a violation of any provision of such Code, or any provision of any rule or regulation adopted or issued pursuant thereto, shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or by both fine and imprisonment. Section 5. Any and all additions and amendments to the Code, when passed in the form as to indicate the intention of the governing body to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the code shall be understood and intended to include the additions and amendments. Section 6. In case of the amendment of any section of the code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and in Section 1-11 of such Code shall apply to the section as amended, or in case the amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in the other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein. Section 7. All ordinances adopted after April 9, 1984, which amend or refer to ordinances which have been codified in such Code, shall be construed as if they amend or refer to like provisions of such Code. Section 8. This ordinance and the Code adopted hereby, shall become effective February 11, 1985. Passed by the City Commission on First Reading January 28, 1985. Supp. No. 1 vii Passed by the City Commission on Second and Final Reading February 11, 1985. (SEAL) Approved as to Form and Correctness: /s/ Claude L. Mullis City Attorney Supp. No. 1 viii /s/ William S. Howell Mayor, Presiding Officer /s/ Adelaide R. Tucker City Clerk TABLE OF CONTENTS Page Officials of the City at Time of Codification iii Preface v Adopting Ordinance vii PART I CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers 1 Art. II. The Commission 5 Art. III. The City Manager 9 Art. W. City Comptroller, City Clerk, City Treasurer and City Tax Assessor 10 Art. V. Department of Public Safety 11 Art. VI. Budget 11 Art. VII. Department of Finance 11 Art. VIII. Department of Personnel 11 Art. IX. Elections 12 Art. X. Initiative and Referendum 15 Art. XL Recall 17 Art. XII. Franchises 18 Art. XIII. Tax Administration 18 Art. XIV. Zoning 18 Art. XV. Issuance of Bonds 22 Art. XVI. Municipal Court and Department of Law 22 Art. XVII. Suits Against the City 23 Art. XVIII. General and Miscellaneous Provisions 23 Art. XIX. When Act Takes Effect 28 Charter Comparative Table—Special Acts 79 Charter Comparative Table—Ordinances 91 PART II CODE OF ORDINANCES Chapter 1. General Provisions 103 2. Administration 159 Art. I. In General 159 Art. II. City Commission 159 Art. III. City Manager 163 Art. IV. Departments 163 Div. 1. Generally 163 Div. 2. Police Department 164 Div. 3. Fire Department 164 Div. 4. Department of Finance 165 Supp. No. 1 ix ATLANTIC BEACH CODE Chapter Page Art. V. Boards and Commissions 166 Div. 1. Generally 166 Div. 2. Code Enforcement Board 167 Art. VI. Employee Benefits 171 Div. 1. Generally 171 Div. 2. Old -Age and Survivors Insurance 171 Div. 3. Retirement System 173 Art. VII. Finance 187 Div. 1. Generally 187 Div. 2. Purchasing 188 Div. 3. Uniform Travel Policy and Procedure 191 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 301 5. Beaches 353 Art. I. In General 353 Art. II. Safety Zone 354 6. Buildings and Building Regulations 405 Art. I. In General 405 Art. II. Building Code 405 Art. III. Electrical Code 409 Art. IV. Plumbing Code 412 Art. V. Mechanical Code 413 Art. VI. Swimming Pool Code 415 Art. VII. Numbering of Buildings 416 7. Fire Prevention and Protection 469 Art. I. In General 469 Art. II. Fire Prevention Code 469 8. Flood Hazard Districts 521 9. Human Relations 577 Art. I. In General 577 Art. II. Fair Housing 577 10. Mobile Homes and Recreational Vehicles 631 11. Noise 683 12. Nuisances 735 13. Offenses 787 14. Planning 839 Art. I. In General 839 Art. II. Advisory Planning Board 839 15. Police 891 Art. L In General 891 Art. II. Disposition of Confiscated or Lost Property 891 Supp. No. 1 x 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 sup- plementation 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 re- printed in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 167, 168 1 iii OC 169, 170 1 v, vi OC 170.1 1 vii, viii 1 171, 172 OC ix, x 1 173, 174 OC xi, xii OC 175, 176 OC 1, 2 OC 177, 178 OC 3, 4 OC 179, 180 OC 5, 6 OC 181, 182 OC 7, 8 OC 183, 184 OC 9, 10 OC 185, 186 OC 11, 12 OC 187, 188 OC 13, 14 OC 189, 190 OC 15, 16 OC 191, 192 OC 17, 18 _ OC 193, 194 OC 19, 20 OC 195 OC 21, 22 OC 245, 246 OC 23, 24 OC 247, 248 OC 25, 26 OC 299, 300 OC 27, 28 OC 301, 302 OC 79 OC 303 OC 91 OC 353, 354 OC 103, 104 OC 355 OC 105, 106 OC 405, 406 OC 107, 108 OC 407, 408 OC 159, 160 OC 409, 410 OC 161, 162 OC 411, 412 OC 163, 164 OC 413, 414 OC 165, 166 OC 415, 416 OC Supp. No. 1 [11 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 417, 418 OC 1297, 1298 OC 469, 470 OC 1299, 1300 OC 521, 522 OC 1301 OC 523, 524 OC 1351, 1352 OC 525, 526 OC 1353 OC 577, 578 OC 1403, 1404 OC 579, 580 OC 1405, 1406 OC 581 OC 1407, 1408 OC 631, 632 OC 1409, 1410 OC 683, 684 OC 1411, 1412 OC 685 OC 1413, 1414 OC 735, 736 OC 1415, 1416 OC 737 OC 1417, 1418 OC 787, 788 OC 1419, 1420 OC 839, 840 00 1421, 1422 OC 841 OC 1423, 1424 OC 891, 892 OC 1425, 1426 OC 943, 944 OC 1427, 1428 OC 945, 946 OC 1429, 1430 OC 947 OC 1431, 1432 OC 997, 998 OC 1433, 1434 OC 999, 1000 OC 1435, 1436 OC 1001, 1002 OC 1437, 1438 OC 1003, 1004 OC 1439, 1440 OC 1005 OC 1441, 1442 OC 1055, 1056 OC 1443, 1444 OC 1057 OC 1445, 1446 OC 1107 p OC 1447, 1448 00 1157 1151? 00 1449 i /IAA (C 1159, 1160 OC 1451, 1452 OC 1161, 1162 OC 1453, 1454 OC 1163, 1164 OC 1455, 1456 OC 1165, 1166 OC 1457, 1458 OC 1167, 1168 OC 1459, 1460 OC 1169, 1170 OC 1461, 1462 OC 1221, 1222 OC 1463, 1464 OC 1223, 1224 OC 1465, 1466 OC 1225, 1226 OC 1467, 1468 OC 1227 OC 1469, 1470 OC 1277, 1278 OC 1471, 1472 OC 1279, 1280 OC 1473, 1474 OC 1281, 1282 OC 1475, 1476 OC 1283, 1284 OC 1477, 1478 OC 1285, 1286 OC 1479, 1480 OC 1287, 1288 OC 1481, 1482 OC 1289, 1290 OC 1483 OC 1291, 1292 OC 1983, 1984 OC 1293, 1294 OC 1985 OC 1295, 1296 OC 1987, 1988 OC Supp. No. 1 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1989, 1990 OC 2125, 2126 OC 1991, 1992 1 2127, 2128 OC 2043 OC 2129, 2130 1 2053, 2054 OC 2131, 2132 1 2055 OC 2132.1 1 2081, 2082 OC 2133, 2134 OC 2083, 2084 OC 2135, 2136 OC 2085, 2086 OC 2137, 2138 1 2087, 2088 OC 2138.1 1 2089, 2090 OC 2139, 2140 OC 2091, 2092 OC 2141, 2142 OC 2093, 2094 OC 2143, 2144 1 2095, 2096 OC 2144.1 1 2097, 2098 OC 2145, 2146 OC 2099, 2100 OC 2147, 2148 1 2101 OC 2149, 2150 OC 2103, 2104 1 2151, 2152 1 2105, 2106 OC 2152.1 1 2107, 2108 1 2153, 2154 OC 2108.1 1 2155, 2156 1 2109, 2110 OC 2157, 2158 1 2111, 2112 OC 2158.1 1 2113, 2114 OC 2159, 2160 OC 2115, 2116 OC 2161, 2162 1 2117, 2118 1 2163, 2164 1 2119, 2120 1 2165, 2166 OC 2121, 2122 1 2167, 2168 OC 2122.1 1 2169, 2170 OC 2123, 2124 OC 2171, 2172 OC Supp. No. 1 [3] TABLE OF CONTENTS—Cont'd. Chapter Page 16. Refuse and Garbage 943 17. Signs and Advertising Structures 997 Art. I. In General 997 Art. II. Permit 1003 18. Solicitors 1055 Art. I. In General 1055 Art. II. Permit 1055 19. Streets,Sidewalks and Other Public Places 1107 20. Taxation 1157 Art. I. In General 1157 Art. II. Public Service Tax 1157 Div. 1.. Generally 1157 Div. 2. Telephone Service 1159 Art. III. Occupational License Tax 1160 Art. IV. Insurance Premium Taxes 1170 21. Traffic and Motor Vehicles 1221 Art. I. In General 1221 Art. II. Stopping,Standing and Parking 1222 Div. 1. Generally 1222 Div. 2. Enforcement 1225 111111 22. Utilities 1277 Art. I. In General 1277 Art. II. Waterworks System 1277 Art. III. Wastewater System 1284 Div. 1. Generally 1284 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1287 Div. 4. Building Sewers and Connections 1288 Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer User Classification Rates and Charges 1295 Div. 8. Sewer System Extensions 1299 23. Vegetation 1351 Art. I. In General 1351 Art. II. Trees 1351 Art. III. Accumulation of Weeds 1352 24. Zoning and Subdivision Regulations 1403 Art. I. In General 1403 Art. II. Language and Definitions 1404 Art. III. Zoning Regulations 1420 Div. 1. Generally 1420 Div. 2. Administration 1420 Div. 3. Application Procedures 1424 111 Div. 4. General Provisions and Exceptions 1429 Div. 5. Establishment of Districts 1433 xi ATLANTIC BEACH CODE Chapter Page Div. 6. Planned Unit Development(PUD) 1446 Div. 7. Supplementary Regulations 1452 Art. IV. Subdivision Regulations 1464 Div. 1. Generally 1464 Div. 2. Application Procedure 1466 Div. 3. Required Improvements 1473 Div. 4. Assurance for Completion and Maintenance of Improvements 1474 Div. 5. Design and Construction Standards 1477 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 2103 111 • xii PART I CHARTER* Art. I. Incorporation; Form of Government; Powers, §§ 1-4 Art. II. The Commission, §§ 5-24 Art. III. The City Manager, §§ 25-30 Art. IV. City Comptroller, City Clerk, City Treasurer and City Tax Assessor, §§ 31-34 Art. V. Department of Public Safety, §§ 35-40-1 Art. VI. Budget, §§ 41-62 Art. VII. Department of Finance, §§ 63-76 Art. VIII. Department of Personnel, § 77 Art. IX. Elections, §§ 78-87 Art. X. Initiative and Referendum, §§ 88-99 Art. XI. Recall, §§ 100-108 Art. XII. Franchises, § 109 Art. XIII. Tax Administration, §§ 110-126 Art. XIV. Zoning, §§ 127-147 Art. XV. Issuance of Bonds, §§ 148-150 Art. XVI. Municipal Court and Department of Law, §§ 151-159 Art. XVII. Suits Against the City, § 160 Art. XVIII. General and Miscellaneous Provisions, §§ 161-181 Art. XIX. When Act Takes Effect, §§ 182, 183 A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE CITY OF ATLANTIC BEACH, FLORIDA, IN DUVAL COUNTY, AND TO PROVIDE FOR ITS GOVERNMENT AND PRESCRIBE ITS JU- RISDICTION, POWERS, PRIVILEGES AND IMMUNITIES, AND TO ABOLISH THE PRESENT MUNICIPALITY OF THE TOWN OF ATLANTIC BEACH. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERSt Sec. 1. Present municipal corporation of.City of Atlantic Beach abolished. The present municipal corporation of the City of Atlantic Beach in Duval County, Flori- da, is hereby abolished. *Editor's note—Set out herein is the Charter of the City of Atlantic Beach,being chapter 57-1126 of the 1957 Laws of Florida,as amended,approved by the voters of the city on July 23, 1957. Amendments are indicated by historical citations in parentheses following each amended section.A uniform system of capitalization has been employed and a frontal analysis has been added for the convenience of the user. Otherwise,the Charter is set out herein as adopted and amended by the Florida Legislature. State law reference—Municipal Home Rule Powers Act, F.S. Ch. 166. tState law reference—Home rule powers generally, F.S. § 166.021. 1 § 2 ATLANTIC BEACH CODE • Sec. 2. Incorporation of City of Atlantic Beach. A municipal corporation to be known and designated as the City of Atlantic Beach is hereby established, organized and constituted in the County of Duval and State of Florida, and its territorial boundaries shall be as follows: Beginning at a point on the beach of the Atlantic Ocean, as shown on a map of a part of a Subdivision"A," Atlantic Beach, Plat Book 6, Page 1, of Duval County Records,where the north side of an unnamed street north of Blocks 62,63, and 64, as shown on said map, and known as 16th Street would, if prolonged, intersect with low water mark of said Atlantic Ocean; running thence westerly along the north line of said 16th Street to the intersection of said line with the westerly right-of-way line of Seminole Beach Road (County Road No. 608); running thence northerly along the westerly right-of-way line of said Seminole Beach Road to the north boundary line of Section 9, Township 2 South, Range 29 East;running thence westerly along the northerly boundary line of said Section 9 and the northerly boundary lines of Section 8 and Fractional Section 5 in said Township and Range, to the eastern right-of-way line of Mayport Road(State Road A-1-A); running thence southerly along the easterly right-of-way line of said Mayport Road to the north boundary line of Government lot 15 of Section 8;running thence easterly along the North boundary line of said Government lot 15 to the northwest corner of the east one half of said Government lot 15; running thence south along the west boundary line of the east one half of said Government lot 15 to the north boundary line of Section 17; running thence westerly along the northerly boundary line of Sections 17 and 18 in said Township and Range to the northeasterly corner of unsurveyed Section 18, in said Township and Range; running thence southerly along the U.S. Government meander line of the Pablo Creek salt marshes, being also the easterly boundary line of said unsurveyed Section 18 and the easterly boundary line of unsurveyed Section 19 in said Township and Range, to the intersection of the last mentioned lines with a line 16 feet northerly of, measured at right angles from and parallel to the centerline of Atlantic Boulevard; running thence easterly along said parallel line and a prolongation of same to the point of intersection of said prolongation with the low water mark of said Atlantic Ocean; and running thence northerly along said low water mark of the Atlantic Ocean to the point or place of beginning; excepting from the territory hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used by Selva Marina Country Club as described in deed recorded in Volume 652,page 484,Official Records of Duval County;and jurisdiction of the waters of the Atlantic Ocean two miles from the low water mark between the north and south lines of said city as above described, projected easterly two miles; and police jurisdiction for traffic control purposes over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as hereinbefore described, over said Mayport Road from the city limits as above described, northerly to the northerly boundary line of said Fractional Section 5, and over said Seminole Beach Road from the city limits as above described, northerly to the northerly boundary line of said Section 9; provided, however, that the board of county commissioners of Duval County,Florida, is hereby authorized to construct and maintain, within the territory hereinbefore described, any and all streets roads or highways that have, at any time heretofore,been adopted as county roads by the •2 CHARTER § 4 1111 board of county commissioners of Duval County, Florida, as it may deem necessary and proper for the benefit of the public. (Laws of Fla., Ch. 59-1054) State law reference—Annexation or contraction procedures, F.S. Ch. 171. Sec. 3. Form of government. The municipal government provided by this Charter shall be known as "commission— - Manager Government." Subject only to the limitations imposed by the Constitution and laws of this state and by this Charter, all powers of the city shall be vested in an elective commission, hereinafter referred to as "the city commission," which shall enact local legisla- tion, adopt budgets, determine policies, and appoint such city officials as are hereinafter prescribed. Except as limited in this Charter, the city manager shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner provided by this Charter, or if the manner be not provided then in such manner as may be set forth by ordinance. Sec. 4. General powers. The city shall have the powers, functions and immunities granted to municipal corpora- tions by the Constitution and general laws of this state, as now or hereinafter existing, together with the implied powers necessary to carry into execution all the powers granted. The enumeration of particular powers by this Charter shall not be deemed to be exclusive,and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the city shall have and exercise all powers which it would be competent for this Charter specifically to enumerate. The following are among the powers of the said city subject to the limitations hereinafter expressed: (1) To purchase, lease, receive and hold property, real, personal and mixed, both within and without its corporate limits, and to lease, sell, or otherwise dispose of the same for the benefit of the city; (2) To pass such ordinances as may be necessary to protect and preserve peace and order upon all property owned, leased, managed or controlled by the city outside its corpo- rate limits; (3) To acquire by condemnation any property necessary for public use, either within or without its corporate limits; (4) To levy, assess and collect taxes; (5) To invest the surplus funds of the city; (6) To borrow money and to issue bonds and revenue certificates as security therefor; (7) To license professions, businesses and occupations carried on within its corporate limits and to levy and collect license taxes upon the same; (8) To furnish within and without its corporate limits all local public services and _0 utilities, and to lei" charges for the use of such services"and utilities; 3 § 4 ATLANTIC BEACH CODE (9) To purchase,;hire,construct,own,maintain and operate or lease local public utilities; (10) To grant local public utility franchises and regulate the exercise thereof; (11) To define, prevent and abate nuisances; (12) To exercise all police powers granted to municipalities by the constitution and laws of the State of Florida, as now or hereinafter existing, and to adopt such ordinances, rules and regulations as are necessary to maintain and preserve public health, peace and welfare, including ordinances regulating the keeping of domestic and other animals within its corporate limits, and to impose penalties and forfeitures to carry the same into effect; • (13) To own,establish and operate hospitals,libraries,parks, airports,golf courses, and to sell or lease such institutions or properties; (14) To construct, operate and maintain streets, roads, alleys, sidewalks, and parking areas, and to regulate and control the use thereof; (15) To regulate encroachments in, upon, over and under streets, alleys, and sidewalks; (16) To provide police,fire, sanitary and other similar protections and services; (17) To drain swamp and overflow lands within or without the city for the betterment of sanitary conditions within the city; (18) To establish and regulate a uniform system or employment practices so as to provide a permanent system of civil service; (19) To own and maintain cemeteries and crematories either within or without its corpo- rate limits, and to regulate the use thereof; (20) To regulate building and density of population, and the nature, height, size and use of buildings and other structures, for the purpose of promoting the health, safety, morals or general welfare of its residents; (21) To make local improvements, and to impose and enforce liens for the payment of the same in accordance with the general statutes of the state; (22) To provide a pension or retirement plan for its officers and employees; (23) To advertise and promote the interest of the municipality and its residents through legitimate and recognized means for the accomplishment of such purposes; (24) To borrow money for a period not longer than the remainder of the fiscal year in which the loan is made, and this power shall be in addition to the other powers to borrow money set forth in this Charter, or granted by the general laws of this state; (25) To control the development and use of natural or artificial streams or bodies of water inside its corporate limits; (26) To dispose of seized, abandoned or captured property. Editor's note—Most of the powers in this section are covered by F.S. Ch. 166, the Municipal Home Rule Powers Act. Exceptions to the above are any extraterritorial powers and any powers necessary to grant the city an exemption from antitrust liability. State law reference—Home rule powers generally,F.S. § 166.021. 4 CHARTER §.9 • ARTICLE II.THE COMMISSION Sec. 5. Number;selection;term. The city commission shall consist of five (5) electors of the City of Atlantic Beach, who have the qualifications as defined in section 6, article II of this Charter, elected at large. The seats shall be known as seats 1 to 5, respectively, and seat 1 shall be designated as mayor- commissioner, and they shall hold office for the terms respectively as hereinafter stated: Seat 1, mayor-commissioner, shall be elected for two-year terms; in the 1961 primary and general municipal elections; seats 2 and 3 shall be elected for a two-year term and seats 4 and 5 shall be elected for a four-year term; thereafter seats 2, 3, 4 and 5 shall be elected for four-year terms. (Laws of Fla., Ch. 61-1862) Sec. 6. Qualifications and disqualifications. Members of the city commission shall have been residents of the city for one year, shall have qualifications of electors in the city, and shall be freeholders* within the limits of the city. Members of the city commission shall not hold any other elective public office. Any member of the city commission ceasing to possess the foregoing qualifications or who shall have been convicted or who shall be convicted of a crime involving moral turpitude, shall forfeit his office. Absence from four consecutive regular meetings of the city commission shall 41) operate to vacate the seat of a member unless such absence is executed by the city commission by resolution setting forth the fact of such excuse duly entered upon the minutes. (Laws of Fla., Ch. 61-1861) Sec. 7. Salary. Editor's note—This section was converted to an ordinance by F.S. § 166.021(5) and subsequently amended by ordinance, and thus transferred to Code of Ordinances § 2-20. (Ord. No. 5-75-3, § 3, 12-22-75; Ord. No. 5-83-9, § 1, 11-14-83) Sec. 8. Presiding officer: Mayor. The commissioner elected as mayor-commissioner shall preside at all meetings of the city commission and shall be recognized as head of the city government for all ceremonial pur- poses and by the governor for purposes of military law,shall,when directed to do so by the city commission, execute all instruments to which the city is a party,unless otherwise provided by this Charter or by ordinance, but shall have no regular administrative duties except as authorized in this Charter.In the temporary absence or disability of the mayor-commissioner, his duties shall be performed by the mayor pro tern who shall be appointed by the commission from its own members. Sec. 9. Powers. Except as otherwise provided in this Charter, all powers of the city, and the determina- • *Editor's note—The freeholder requirement is of doubtful constitutionality. See Harper v. Virginia Board of Elections, 383 U.S. 663 and Fair v. Fair, 317 F. Supp. 859 (1970). 5 § 9 ATLANTIC BEACH CODE tion of all matters of policy shall be vested in the city commission. Without limitation of the foregoing, the city commission shall have power to: (1) Be the judge of the election and qualifications of its own members; (2) Adopt a budget; (3) Authorize the issuance of bonds,revenue certificates,and other evidences of indebtedness; (4) Appoint members of official boards of advisory groups; (5) Adopt and modify the official map of the city; (6) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied,the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence, or other purposes; (7) Create a housing authority; (8) Provide for an independent audit; (9) Remit fines or other penalties imposed by the municipal court;* (10) Pass ordinances and laws for the preservation of the public peace and order, and imposed penalties for the violation thereof; provided, that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars and imprisonment for a period of time not longer than ninety days; (11) Lease golf courses, hospitals, airports and parks, or any portion thereof, after the city commission has passed an ordinance in which is stated the terms of the leases; (12) Sell golf courses, hospitals, airports, parks and the public utility systems, or any portion thereof, now owned by the city or hereafter acquired by it after the city commission has passed an ordinance in which there is a finding that public welfare no longer required the operation of any such facility and in which are stated the terms of sale, and after such ordinance has been submitted to the qualified voters of said city at an election called for that purpose,which election shall be called and held as is herein prescribed for bond elections; (13) Provide rules and regulations for all purchases and sales made for and in behalf of the city; (14) Appoint, remove and fix the compensation of the city manager, city attorney, munic- ipal judge, city prosecutor, city comptroller, city clerk, city tax assessor and city treasurer; and all other officers and employees appointed by the city commission; (15) Appoint advisory boards; *Editor's note—The municipal court was abolished pursuant to Fla. Const. Art. V, § 20(dX4). 41106 • CHARTER § 14 • (16) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provisions of this Charter. Editor's note—Most of these powers are now covered by F.S. Ch. 166, the Municipal Home Rule Powers Act. Exceptions to the above are any extraterritorial powers and any powers necessary to grant the city an exemption from antitrust liability. Sec. 10. Appointment of city manager. The city commission shall appoint an officer of the city, who shall have the title of city manager, and shall have the powers and perform the duties provided in this Charter. No city commissioner shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. Sec. 11. Removal of city manager. The city commission shall appoint the city manager for an indefinite term, and may remove him by a majority vote of its members. At least thirty days before such removal shall become effective, the city commission shall, by a majority vote of its members, adopt a preliminary resolution stating that they intend to remove the city manager. The city commis- sion may, in its discretion, furnish the city manager in writing the reasons for such removal, and it may, in its discretion, give him a public hearing upon the same before the city commission, which public hearing shall be held not earlier than twenty nor later than thirty 111) days after the adoption of such preliminary resolution. After expiration of thirty days from the passing of such preliminary resolution, the city commission, by a majority vote of its members, may adopt a final resolution of removal. By the preliminary resolution the city commission may suspend the city manager from duty, but shall in any case cause to be paid him any unpaid balance of his salary, and his salary for the time between the preliminary resolution and final resolution of removal. Sec. 12. Vacancies in the city commission. If any vacancy occurs in the city commission, the city commission shall elect within fifteen days,by the affirmative votes of not less than three members, an eligible person to fill the vacancy until the next general election. Sec. 13. Creation of new departments or offices;change of duties. The city commission by ordinance may create,change and abolish offices, departments or agencies, other than the offices, departments and agencies established by this Charter. With the exception of the city clerk, and city comptroller, the city commission may by ordinance assign additional functions or duties to the offices, departments or agencies established by this Charter,but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. Sec. 14. Induction of city commission into office;meetings of the city commission. After each general election,the newly elected city commissioners shall assume the duties of office at a meeting of the city commission held at 8:00 P.M. the first Tuesday in November. All other regular meetings of the city commission shall be fixed by ordinance,but there shall 7 § 14 ATLANTIC BEACH CODE not be less than one regular meeting each month. All official meetings of the city commission shall be held at the city hall and be open to the public. (Laws of Fla., Ch. 61-1861) State law reference—Public meetings and records, F.S. § 286.011. Sec. 15. City commission to be judge of qualifications of its members. The city commission shall be the judge of the election and qualifications of its members, and for such purposes shall have power to subpoena witnesses and require the production of records. Sec. 16. Rules of procedure;journal of minutes. The city commission shall determine its own rules and order of business. It shall require a journal or minutes of its proceedings to be kept and the journal or minutes shall be open to public inspection. State law references—Public records, F.S. Ch. 119; public meetings and records, F.S. § 286.011. Sec. 17. Ordinances. Editor's note—The text of sections 17-23 has been deleted since F.S. § 166.021(4) repealed limitations on powers and F.S. § 166.041 constitutes the minimum procedures for adoptions of ordinances and resolutions. Sec. 18. Procedure for passage of ordinances;first reading. Editor's note—See editor's note to section 17. Sec. 19. Second reading;public hearing;further consideration;final passage. Editor's note—See editor's note to section 17. Sec. 20. Further consideration;final passage. Editor's note—See editor's note following section 17. Sec. 21. Publication of ordinances after final passage;permissive referendum. Editor's note—See editor's note following section 17. Sec. 22. Exception as to newspaper publication of ordinances. Editor's note—See editor's note to section 17. Sec. 23. Emergency ordinances. Editor's note—See editor's note to section 17. Sec. 24. Independent annual audit. At the beginning of each fiscal year the commission shall designate a certified public accountant or a firm of certified public accountants who, as of the end of the fiscal year, shall • make an independent audit of accounts and other evidences of financial transactions of the 8 CHARTER. § 27 city government and shall submit a written report to the commission and to the city manager. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of the city business, but, within specifications approved by the commission shall post-audit the books and documents kept by the city comptroller* and any separate or subordinate accounts kept by any other office, department or agency of the city government. Editor's note—The functions of the comptroller are now performed by the director of finance. State law reference—Mandate for annual audit,F.S. §§ 166.241, 218.33. ARTICLE III.THE CITY MANAGER Sec. 25. Qualifications. The city manager shall be chosen by the city commission solely on the basis of his executive and administrative qualifications,with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment,he need not be a resident of the city or state,but during his tenure of office he shall reside within the city. Sec. 26. Powers and duties. The city manager shall be the chief executive officer and head of the administrative branch of the city government, except as herein provided. He shall be responsible to the city commission for the proper administration of all affairs, except as otherwise provided in this Charter,of the city and to that end,subject to civil service or personnel provisions provided for in this Charter, he shall have power and shall be required to: (1) Appoint and, when necessary for the good of the city, remove all officers and employ- ees of the city, except as otherwise provided by this Charter, and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office; (2) Prepare the budget annually and submit it to the city commission, and be responsible for its administration after adoption; (3) Prepare and submit to the city commission, as of the end of the fiscal year,a complete report on the finances and administrative activities of the city for the preceding year; (4) Keep the city commission advised of the financial condition and future needs of the city, and make such recommendations as may seem to him desirable; (5) • Perform such other duties as may be prescribed by this Charter or required of him by the city commission, not inconsistent therewith. Sec. 27. Absence of the city manager. • To perform his duties during his temporary absence or disability, the city manager may designate, by letter filed with the city clerk, a qualified administrative officer of the city. In the event of the failure of the city manager to make such designation, the city commission 9 § 27 ATLANTIC BEACH CODE may by resolution appoint an officer of the city to perform the duties of the city manager until he shall return or his disability shall cease. Sec. 28. Administrative departments. There may be a department of finance, department of personnel, and such other depart- ments as may be established by ordinance. Sec. 29. Directors of departments. At the head of each department placed under the city manager as provided herein, there shall be an officer of the city who shall have supervision and control of the department subject to the city manager. Except as herein provided, two or more departments may be headed by the same individual. The city manager may head one or more departments, and heads of departments may also serve as chiefs of divisions. Sec. 30. Departmental divisions. The work of each department shall be distributed among such divisions thereof as may be established by ordinance. Pending the passage of an ordinance or ordinances distributing the work of departments under the supervision and control of the city manager among specific divisions,thereof,the city manager shall establish temporary divisions. ARTICLE IV. CITY COMPTROLLER,CITY CLERK, CITY TREASURER AND CITY TAX ASSESSOR Sec. 31. City clerk. The city commission shall appoint an officer of the city who shall have the title of city clerk. He shall serve at the pleasure of the city commission and shall be under its direction and control. He shall receive a salary to be fixed by the city commission. He shall give notice of the meetings of the city commission; shall keep the minutes of its proceedings; shall be custodian of the city's seal; shall authenticate by his signature and record in full in a book kept for that purpose all ordinances and resolutions;shall perform the duties of registration of officer* and shall perform any other duties required by this Charter. If a person qualified to fill the positions be available, the office of city clerk may, at the discretion of the city commission, be combined with that of the city comptroller and city treasurer. Notwithstand- ing any other provision of law, or of this Charter, the office of the city clerk shall never be combined with any office other than city comptroller or city treasurer, or given_any other duties except those specifically delegated in this Charter to either the city comptroller and city treasurer. The city clerk shall have the power to administer oaths. *Editor's note—Registration of electors is governed by F.S. § 98.041 et seq. 10 CHARTER § 34 0 Sec. 32. City comptroller. Editor's note—The text of this section has been deleted as covered by the powers of F.S. Ch. 166. It was converted to an ordinance by F.S. § 166.021(5) and subsequently amended by Ord. No.'5-82-8. (Ord. No. 5-82-8, § 1, 4-26-82) Sec. 33. City tax assessor. Editor's note—The text of this section has been deleted as superseded by F.S. § 193.116. (Laws of Fla., Ch. 67-1086) Sec. 34. City treasurer. Editor's note—The text of this section has been deleted as covered by the powers of F.S. Ch. 166. It was converted•to an ordinance by F.S. § 166.021(5)and subsequently amended by Ord. No. 5-82-8. (Ord.No. 5-82-8, § 2,4-26-82) ARTICLE V. DEPARTMENT OF PUBLIC SAFETY Editor's note—This article, sections 35-40-1, was converted to an ordinance by F.S. § 166.021(5) and later amended by Ord. No. 57-78-7 and Ord. No. 57-83-9, and thus has been transferred to Code of Ordinances §-§ 2-41-2-70. ARTICLE VI. BUDGET Editor's note—The text of this article,sections 41-62,has been deleted as superseded by F.S. §§ 193.023 and 200.065 and other provisions of the TRIM Act. ARTICLE VII.DEPARTMENT OF FINANCE Editor's note-The provisions of this article were converted to an ordinance by F.S. § 166.021(5). Sections 63,64, 70, 71,73-76 were deleted as superseded by state law and Code of Ordinances§2-71 et seq.Sections 65-69 were transferred to Code of Ordinances§§2-312-2-316, section 66 having been amended by Laws of Fla.,Ch.61-1863.Section 72 was repealed by Ord. No. 5-83-12, adopted February 13, 1984. ARTICLE VIII.DEPARTMENT OF PERSONNEL 40) Editor's note—The text of this article, section 77, was deleted as covered by the home rule powers of F.S. Ch. 166. 11 § 78 ATLANTIC BEACH CODE 0 ARTICLE IX. ELECTIONS* Sec. 78. Elections. The city commission shall, by ordinance, make all regulations which it considers needful or desirable,not inconsistent with this Charter,for the conduct of municipal elections, and for the prevention of fraud therein. Inspectors and clerks of elections shall be appointed by the city commission. Sec. 79. Electors. Editor's note—The text of this section has been deleted as superseded by F.S. §§ 97.041 and 166.032. (Ord. No. 33-77-4, § I, 6-13-77) Sec. 80. Registration of voters. Editor's note—The text of this section has been deleted as superseded by F.S. § 98.041 et seq. (Laws of Fla., Ch. 65-1248; Ord. No. 33-77-4, § II, 6-13-77) Sec. 81. Nominations. Any elector of the city having the additional qualifications and limitations as set forth in article II, section 6, may be nominated for the commission by petition. A petition for this purpose shall be signed by not less than ten qualified electors. Each petition shall designate the seat for which the candidate is nominated.The signatures of the nominating petition need not all be subscribed to one paper but to each separate paper there shall be attached a signed statement of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in his presence, and is the genuine signature of the person whose name it purports to be. With each signature, including the signature of the circulator, shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify it. The form of the nomination petition shall be sub- stantially as follows: "We,the undersigned electors of the City of Atlantic Beach hereby nominate whose residence is ,for the office of Commissioner,Seat No. to be voted for at the election to be held on the day of , A.D., and we individually certify that our names appear on the rolls of registered voters, that we are qualified to vote for a candidate for the Commission. "Name Street and Number Address from which last Date of Registered (if different) Signing (SPACES FOR SIGNATURES AND REQUIRED DATE) *State law reference—Electors and elections, F.S. Ch. 97 et seq. • 12 CHARTER § 82 "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 the fifteenth of August next preceding the election shall be void.All nominating papers comprising a petition shall be filed as one instrument with the city clerk, not earlier than 12:00 Noon on the second Tuesday of September, nor later than 12:00 Noon on the third Tuesday of September,before the election.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. 33-77-4, § III, 6-13-77) Sec. 82. Elections: Primary. A primary election for the nomination of candidates for the office of city commissioners of the city,shall be held once every two years on the first Tuesday in October for each seat on the city commission which shall become vacant at eight o'clock P.M. on the first Tuesday in November of the same year. The two candidates for each seat to be filled receiving the greatest number of votes in said primary shall be certified as candidates or nominees at the general election, provided, however, that should any candidate receive at such primary election a clear majority of all votes cast, he shall be declared regularly elected and shall not be required to enter the general election as hereinafter provided. (Laws of Fla., Ch. 61-1861) 13 § 83 ATLANTIC BEACH CODE Sec. 83. Elections: General. A regular or general election of candidates or nominees to the office of city commissioner shall be held once every two years on the third Tuesday in October, unless all candidates or nominees for each seat shall have received a majority of all votes cast for such seat in the immediately preceding primary election, in which event such primary election shall be considered the general election for that year. The candidate or nominee receiving-the clear majority of votes for each seat at such general election shall be declared elected. In the event of a tie between two candidates for any seat upon the city commission in the general election, another election shall be held on the Tuesday following the general election, and the two candidates receiving the equal votes shall be the only candidates on the ballot for such general election. Sec. 84. Elections: Writing in of candidates. In addition to the names printed on the ballots for primary and general elections, there shall be printed under each seat to be voted on at such election a blank line upon which the electors may write in the name of some person other than those printed on the ballot and cast their vote for such person as a candidate for such seat. In the event the name of a single individual appears for more than one as a"write in" or otherwise, on any ballot, such "write in" shall be void and shall not be counted for any candidate whose name appears thereon. Sec. 85. Absentee voting. • Absentee voting procedures shall follow those procedures as prescribed by General State Law. (Ord. No. 33-77-4, § IV, 6-13-77) State law reference—Absentee ballots,F.S. § 101.62 et seq. Sec. 86. Elections: Governed by state law or ordinance. Except as herein specifically provided, all elections in the city shall be conducted substan- tially on the principles governing state elections,or as the city commission shall by ordinance prescribe. State law reference—Electors and elections,F.S. Ch. 97 et seq. Sec. 87. Elections: Canvass of returns. The polls shall open at seven o'clock A.M. and shall close at seven o'clock P.M.The result of the voting when ascertained, shall be certified by return in duplicate, signed by the clerk and a majority of the inspectors of the election, one copy being delivered by such clerk and inspectors to the mayor-commissioner and the other to the city clerk, both of whom shall transmit such returns to the city commission at its next regular meeting thereafter. At such meeting the city commission shall canvass the returns and the results as shown by such returns shall be by the city commission declared as the result of the election. The city clerk shall, not later than noon of the second day after the canvass of said election, furnish a certificate of election to each person shown to have been elected. State law reference—Opening and closing of polls,F.S. § 100.011. 14 CHARTER § 91 • ARTICLE X. INITIATIVE AND REFERENDUM Sec. 88. Power of initiative. The electors shall have power to propose any ordinance, except an ordinance appropriat- ing money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the commission by a petition signed by registered electors of the city equal in number to at least twenty-five per centum of the registered electors at the last regular municipal election. Sec. 89. Power of referendum. The electors shall have power to approve or reject at the polls any ordinance passed by the commission, or submitted by the commission to a vote of the electors, except as provided for bond ordinances, such power being known as the referendum. Ordinances submitted to the commission by initiative petition and passed by the commission without change shall be subject to the referendum in the same manner as other ordinances. Within twenty days after the enactment by the commission of any ordinance which is subject to a referendum, a petition signed by registered electors of the city equal in number to at least twenty-five per centum of the registered electors at the last preceding regular municipal election may be filed with the i city clerk requesting that any such ordinance be either repealed or submitted to a voteof the electors. Sec. 90. Form of petitions;committee of petitioners. All petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures,that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be. Sec. 91. Filing, examination,and certification of petitions. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within twenty days after a petition is filed, 1111 the city clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The 15 § 91 ATLANTIC BEACH CODE city clerk shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof.If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified,the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the city clerk shall certify the result thereof to the commission at its next regular meeting. If he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings. Sec. 92. Amendment of petitions. An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been sent by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall, within five days after such an amendment is filed, make examination of the amended petition, and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Sec. 93.. Effect of certification of referendum petition. When a referendum petition,or amended petition,as defined in section 92 of this Charter, has been certified as sufficient by the city clerk, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. Sec. 94. Consideration by commission. Whenever the commission receives a certified initiative or referendum petition from the city clerk, it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The commission shall take final action on the ordinance not later than sixty days after the date on which such ordinance was submitted to the commission by the city clerk. A referred ordinance shall be reconsidered by the commission and its final vote upon such reconsidera- tion shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?" Sec. 95. Submission to electors. If the commission shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor,or if the commission fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the • electors not less than thirty days nor more than one year from the date the commission takes 16 CHARTER § 99 its final vote thereon.The commission may,in its discretion, and if no regular election is to be held within such period,provide for a special election. Sec. 96. Form of ballot for initiated and referred ordinances. Ordinances submitted to vote of the electors in accordance with the initiative and refer- , endum provisions of this Charter shall be submitted by ballot title,which shall be prepared in all cases by the director of law or other principal legal adviser of the city. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordi- nance. The ballot used in voting upon any ordinance, if a paper ballot shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and"AGAINST THE ORDINANCE."Immediately at the left of each proposi- tion there shall be a square in which by making a cross(X)the elector may vote for or against the ordinance. Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only.If voting machines are used,the ballot title of any ordinance shall have below it the same two propositions, one above the other or one preceding the other in the order indicated, and the elector shall be given an opportunity to vote for either of the two proposi- tions and thereby to vote for or againstthe ordinance. Sec. 97. Availability of list of qualified electors. If any organization or group requests it for the purpose of circulating descriptive matter relating to the ordinance to be voted on, the board of elections or city clerk or other office, department or agency of the city having the ist of qualified electors shall either permit such organization or group to copy the names and addresses of the qualified electors or furnish it with a list thereof. State law reference—County registers open to inspection, copies,F.S. § 98.211. Sec. 98. Results of election. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election,the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Sec. 99. Repealing ordinances;posting. Initiative and referendum ordinances adopted or approved by the electors shall be posted, and may be amended or repealed by the commission, as in the case of other ordinances. ARTICLE XI. RECALL Editor's note—The text of this article,sections 100-108, has beendeleted as preempted by F.S. § 100.361. 17 § 109 ATLANTIC BEACH CODE ARTICLE XII. FRANCHISES • Sec. 109. Granting of franchises. The city shall have power to grant a franchise to any private or public enterprise for the use of streets and other public places in the furnishing of any public service or utility service to the city and its inhabitants. All franchises and any renewals, extensions and amendments thereto shall be granted only by ordinance, and under such limitations as may be provided by laws of the State of Florida. If the proposed franchise is for fifteen years or more, the ordinance approving said franchise shall not be effective unless it is approved at a referendum in the same manner provided in this chapter for the approval of the issuance of bonds. (Ord. No. 40-79-8, § A, 6-11-79) ARTICLE XIII.TAX ADMINISTRATION Editor's note—The text of this article,sections 110-126,has been deleted as superseded by F.S. § 193.116 and Ch. 205. ARTICLE XIV.ZONING* Sec. 127. The city may regulate building,density of population,and the locationand use of buildings,structures and land and water. Editor's note—The text of sections 127-129 has been deleted as superseded by F.S. § 163.3161 and Ch. 166. Sec. 128. Division of city into districts for purposes of regulation. Editor's note—See editor's note to section 127. Sec. 129. Purposes in view in making regulations. Editor's note—See editor's note to section 127. Sec. 130. City to provide procedure;regulation,restriction or boundary not effective until after public hearing thereon;publication of notice of hearing required. Editor's note—The text of this section has been deleted as superseded by F.S. § 166.041. Sec. 131. Regulation, restriction and boundary subject to change or repeal; protest of change;vote required to effect change over protest;publication of notice of change required. Editor's note—The text of this section has been deleted as superseded by F.S. § 166.041. *State law reference—Local Government Comprehensive Planning Act,F.S. § 163.3161 et seq. 18 CHARTER § 137 Sec. 132. Zoning commission. The city commission shall appoint a commission, to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the city commission shall not hold its public hearings or take action until it has received the final report of such commission. Sec. 133. Board of adjustment. The city commission may provide for the appointment of a board of adjustment,and in the regulations and restrictions adopted pursuant to the authority of this article may provide that the said board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purposes and intent and in accordance with general or specific rules therein contained. Sec. 134. Members of board of adjustment. The board of adjustment shall consist of five members each to be appointed for a term of three years and removable for cause by the city commission upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. 1111 Sec. 135. Proceedings of board of adjustment. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this article. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine. Such chairman, or in his absence the acting chair- man,may administer oaths and compel the attendance of witnesses.All meetings of the board shall be open to the public. The board shall keep minutes of its 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 immedi- ately filed in the office of the board and shall be a public record. Sec. 136. Appeals. Appeals to the board of adjustment may be taken by any person aggrieved or by an officer or bureau of the city commission affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board,by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. Sec. 137. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the 11111, officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay 19 § 137 ATLANTIC BEACH CODE would,in his opinion,cause imminent peril to life and property.In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. Sec. 138. Hearing of appeal;notice required. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time.Upon the hearing any party may appear in person or by agent or by attorney. Sec. 139. Powers of board of adjustment. The board of adjustment shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in order, requirement, decision or determination made by an administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto; (2) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass such ordinance; (3) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so justice done. Sec. 140. Decision of board. In exercising the above mentioned powers, such board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, require- ment, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. Sec. 141. Petition may be presented to a court of record within thirty days after filing of decision of board setting forth illegality. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the city commis- sion,may present to a court of record a petition,duly verified, setting forth that such decision 11110 20 CHARTER § 147 411111 is illegal,,in whole or in part, specifying the grounds of the illegality..Such petition shall be. presented to the court within thirty days after the filing of the decision in the office of the board. Sec. 142. Writ of certiorari. Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from,but the court may,on application,on notice to the board and on due cause shown, grant a restraining order. Sec. 143. Return of writ. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. Sec. 144. Decision of the court;it may take evidence or appoint a referee. If, upon the hearing, it shall appear to the court that the testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law,which shall constitute a part of the proceedings upon which the determina- tion of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Sec. 145. Costs. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. Sec. 146. Enforcement of ordinance or regulations under this article; penalties for violation. The city commission may provide by ordinance for the enforcement of this article and of any ordinance and regulation made thereunder, and may provide for the punishment of any violation thereof by fine or imprisonment or both, and also may provide civil penalties for such violation. Sec. 147. Legal proceedings may be instituted in addition to other remedies provided for violation of article. In case any building or structure if erected, constructed,reconstructed, altered, repaired, 1111 converted,or maintained, or any building,structure,land,or water is used in violation of this article or if any ordinance or other regulation made under authority conferred hereby, the 21 § 147 ATLANTIC BEACH CODE proper local authorities of the city commission, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, recon- struction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, land or water, or to prevent any illegal act, conduct;business, or use in or about such premises. ARTICLE XV. ISSUANCE OF BONDS Editor's note—The text of this article, sections 148-150, has been deleted since full authority for municipal borrowing is contained in F.S. § 166.101 et seq. This article was amended by Laws of Fla., Ch. 70-578 and Ord. No. 15-83-5, adopted June 27, 1983. ARTICLE XVI. MUNICIPAL COURT AND DEPARTMENT OF LAW Sec. 151. Municipal court. Editor's note—The text of sections 151-157 has been deleted since the municipal court was abolished pursuant to Fla. Const. Art. V, § 20(d)(4). Sec. 152. Sickness, absence or disqualification of municipal judge. Editor's note—See editor's note to section 151. Sec. 153. Powers. Editor's note—See editor's note to section 151. Sec. 154. Disposition of moneys collected as fines. Editor's note—See editor's note to section 151. Sec. 155. Remission of fines and penalties. Editor's note-See editor's note to section 151. Sec. 156. City prosecutor: Powers and duties. Editor's note—See editor's note to section 151. Sec. 157. Executive officer of the court. Editor's note—See editor's note to section 151. Sec. 158. City attorney:Appointment and qualifications. The city commission shall appoint a city attorney who shall act as the legal adviser to, and attorney and counselor for, the municipality and all of its officers in matters relating to their official duties.He shall prepare all contracts,bonds, and other instruments in writing in 22 CHARTER § 161 which the municipality is concerned, and shall endorse on each his approval of the form and correctness thereof, but failure to do so shall not affect its validity. When required to do so by resolution of the city commission, he shall prosecute and defend for and in behalf of the city, all civil complaints, suits and controversies in which the city is a party. He shall furnish the city commission, the city manager, the head of any department, or any officer, his opinion on any question of law relating to their respective powers and duties. In addition to the duties specifically imposed under the preceding section, he shall perform such other professional duties as may be required of him by ordinance or resolution of the city commission, or as are prescribed for city attorneys under the general law of the state, which are not inconsistent with this Charter and with any ordinance or resolution, which may be passed by the city commission. The city attorney shall be a lawyer of at least five years' experience, admitted in and having authority to practice in all courts of the state. Sec. 159. Salaries of court officials and city attorney. Editor's note—The text of this section was deleted as superseded partially by Fla. Const. Art. V, § 20(d)(4) and partially by F.S. Ch. 166. ARTICLE XVII. SUITS AGAINST THE CITY Sec. 160. Suits. No suit shall be maintained against the city for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, or other utility owned or operated by the city,or any public place;neither shall any suit be maintained against the city arising out of any other tortious action, or action sounding in tort, unless it shall be made to appear that the damage alleged was attributable to the gross negligence of the city, and that written notice of such damage was,within thirty days of the receiving of the injury,given to the city manager with such reasonable specifications as to time and place and witnesses as would enable the city officials to investigate the matter, and no verdict shall in any suit be given for amount exceeding compensation damages to the plaintiff directly attributable to such negligence on the part of the city, and not caused by contributory negligence on the part of the plaintiff. It shall be the duty of the city manager, upon receiving any such notice, to at once investigate the matter and lay the facts, supported by the evidence, before the city commis- sion in a written report, and the city commission shall have the right, and, upon the written request of the person injured, it shall be the duty of the city commission to investigate the matter, and it may, by ordinance, make such reasonable settlement of any such damages as may be agreed upon between the city commission and the person so damaged. State law reference—Waiver of sovereign immunity, F.S. § 768.28. ARTICLE XVIII. GENERAL AND MISCELLANEOUS PROVISIONS Sec. 161. Removal of officers and employees. Any officer or employee to whom the city manager, or a head of any office, department or agency, may appoint a successor, may be removed by the city manager or other appointing 23 § 161 ATLANTIC BEACH CODE officer at any time. Subject to any other provisions of this Charter as to persons in the service • of the city, the decision of the manager or other appointing authority shall be final. Sec. 162. Removal of members of boards,commissions, or agencies. Except as provided in this Charter, a member of any board, commission or agency of the city who has been appointed by the city commission, may be removed by the city commission in the same manner as provided for the removal of the city manager in section 11 of this Charter. Sec. 163. Right of city manager and other officers in commission. The city manager, and such other officers of the city as may be designated by vote of the city commission, shall be entitled to seats in the city commission, but shall have no vote, therein. The city manager shall have the right to take part in the discussion of all matters coming before the city commission, and the other officers shall be entitled to take part in all discussions of the city commission relating to their respective offices, departments, boards, commissions, or agencies. Sec. 164. Investigations. The city commission, or any committee thereof, the city manager, or any advisory board appointed by the city commission for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses • and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testi- mony to be given under oath, such oath to be administered by some officer having authority under the law of the state to administer oaths. Failure to obey such subpoena or to produce books,papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed five hundred dollars or by imprisonment not to exceed sixty days, or both. Sec. 165. Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any citizen, any representative of a citizens' organization or any representative of the press at all reasonable times and under reasonable regulations established by the city commission. State law references—Public records, F.S. Ch. 119; public meetings and records, F.S. § 286.011. Sec. 166. Personal interest. No member of the city commission or any officer of the city shall have a financial interest, direct or indirect,in any contract or in the sale to the city or to a contractor supplying the city of any land or rights or interests in any land, material, supplies or services. Any willful 4111 24 CHARTER § 171 41111 violation of this section shall constitute malfeasance in office, and any officer of the city found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge express or implied of the person or corporation contracting with the city shall render the contract voidable by the city manager or the city commission. State law reference—Code of ethics for public officers and employees, F.S. § 112.311 et seq. Sec. 167. Official bonds. The city commission shall determine whether or not each officer, clerk, or employee shall give bond, and the amount thereof, but all officers, clerks and employees handling any funds or property of the city shall be required to give bond to the city,which bonds shall be procured from a regularly accredited surety company, authorized to do: business under the laws of Florida,the premiums on such bonds to be paid by the city.All such bonds shall be filed in the. office of the city clerk. Sec. 168. Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation,.to be filed and kept in the office of the city clerk: 41) "I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of " State law reference—Oaths required of persons on payroll, F.S. § 876.05. Sec. 169. Effect of this Charter on existing law. All laws and parts of laws relating to or affecting the city in force when this Charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this Charter, insofar as the provisions of this Charter are the same in terms or in substance and effect as provisions of law in force when this Charter shall take effect, relating to or affecting the city, the provisions of this Charter are intended to be not a new enactment but a continuation of such provisions of law, and this Charter shall be so construed and applied. Sec. 170. Publishing. As used in this Charter, "publishing" shall mean printing in any newspaper published and of general circulation in the County of Duval. Sec. 171. Rights of officers and employees preserved. Nothing in this Charter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the City of Atlantic Beach or of any office, department, board, commission, or agency existing at the time when this Charter shall take 25 § 171 ATLANTIC BEACH CODE • effect, or any provision of the law in force at the time when this Charter shall take effect and not inconsistent with the provisions of this Charter,in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights, or any other rights or privileges of officers or employees of said town or any office, department, board, commission, or agency thereof. Sec. 172. Continuance of present officers. All persons holding administrative office at the time this Charter takes effect shall continue in office and in the performance of their duties until provision shall have been made in accordance herewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any office, department,board, commission or agency of the City of Atlantic Beach by the laws of the state shall, if such office, depart- ment, board, commission, or agency, be abolished by this Charter, or under its authority, be thereafter exercised and discharged by the office, department, board, commission, or agency designated by the city commission unless otherwise provided herein. Sec. 173. Transfer of records and property. All records, property and equipment whatsoever of any office, department, board, com- mission, or agency, all the powers and duties of which are assigned to any other office, department,board, commission, or agency by this Charter, shall be transferred and delivered to the office,department,board,commission,or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, board, commission, or agency are by this charter assigned to another office, department, board, commission, or agency, all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department, board, commission or agency to which such powers and duties are so assigned. Sec. 174. Title to property reserved to new municipality. The title, rights, and ownership of property, uncollected taxes, dues, claims,judgements, decrees and choses in action,held or owned by the City of Atlantic Beach shall pass to, and be vested in the municipal corporation organized under this Charter. Sec. 175. Continuity of offices,boards,commissions or agencies. Any office, department, board, commission or agency provided for in this Charter with powers and duties the same or substantially the same as those of an office,department,board, commission, or agency heretofore existing shall be deemed to be a continuation of such office, department,board, commission or agency and shall exercise its powers and duties in continu- ation of their exercise by the office, department, board, commission, or agency by which the same were heretofore exercised, and shall have power to continue any business,proceeding or other matter, within the scope of its regular powers and duties commenced by an office, department, board, commission, or agency by which such powers and duties were heretofore 26 CHARTER § 181. • exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to such a formerly existing office,department,board,commission, or agency,shall, so far as not inconsistent with the provisions of this Charter, apply to such office, department, board, commission or agency provided for by this Charter. Sec. 176. Continuance of contracts and public improvements. All contracts entered into by the City of Atlantic Beach, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements, for which legislative steps have been taken under laws or Charter provisions existing at the time this Charter takes effect, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and Charter provisions. Sec. 177. Pending actions and proceedings. No action or proceeding, civil or criminal, pending at the time when this Charter shall take effect,brought by or against the City of Atlantic Beach,or any office,department,board, commission, or agency or officer thereof, shall be affected or abated by the adoption of this Charter or by anything therein contained; but all such actions or proceedings may be contin- ued notwithstanding that functions, powers and duties of any office, department, board, commission or agency or officer party thereto may by or under this Charter be assigned or • transferred to another office, department,board, commission, or agency or officer,but in that event the same may be prosecuted or defended by the head of the office, department, board, commission, or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter. Sec. 178. Existing ordinances. All existing ordinances of the present municipality of the City of Atlantic Beach, not in conflict with the provisions of this Act, shall continue in effect and unimpaired until repealed, amended or modified by the city commission which is created by this Act. Sec. 179. Short title. This Charter shall be known and may be cited as the "Atlantic Beach Charter." Sec. 180. Separability clause. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. Sec. 181. Charter election. The foregoing Charter shall be submitted to the qualified electors of the City of Atlantic Beach for adoption,or rejection, at an election hereby called for that purpose,to be held on the twenty-third day of July, 113.57, which said election shall be conducted in accordance with the 27 § 181 ATLANTIC BEACH CODE laws governing elections in said City of Atlantic Beach as at present provided.The ballot used in said election shall be a sheet of plain white paper upon which the following shall be printed: OFFICIAL BALLOT Special Election (Date) • For the adoption or rejection of a proposed Charter for the City of Atlantic Beach, Florida, pursuant to the provisions of Chapter of the Laws of Florida, Special Acts of 1957. INSTRUCTIONS TO VOTERS The voters desiring to vote in favor of adopting the proposed Charter shall put a cross mark (X) in the box before the words, "FOR adoption of proposed Charter of the City of Atlantic Beach, Florida," and the voter desiring to vote against adopting the proposed Char- ter shall puta cross mark(X)in the box before the words,"AGAINST the adoption of proposed Charter of the City of Atlantic Beach, Florida." All distinguishing marks are forbidden and make the ballot void. If you wrongfully mark, tear or deface this ballot, return it to the inspector of the election and obtain another. ❑ FOR adoption of proposed Charter of the City of Atlantic Beach, Florida ❑ AGAINST adoption of proposed Charter of the 411, City of Atlantic Beach, Florida ARTICLE XIX. WHEN ACT TAKES EFFECT Sec. 182. Effective date of Act. This Act shall go into effect subject to the referendum provided for in section 81 hereof, upon its passage and approval by the governor, or upon its becoming law without such approval,for the purpose of nominating and electing the first members of the city commission, at an election as provided herein. For all other purposes this Charter shall be in effect from and after the election and qualification of the members of the city commission thereunder. In the event a majority of the electors voting at said election provided for in section 181 hereof, vote against the adoption of this Charter, then this Act shall be null and void. Sec. 183. Repeal of conflicting laws. All laws and parts of laws in conflict with this Act are hereby repealed. [The next page is 79] 28 CHARTER.COMPARATIVE.TABLE. SPECIAL ACTS This table shows the location of the sections of the basic Charter and the special acts amending the Charter. Section Chapter Section this Charter 57-1126 1-183 1-183 59-1052 2 61-1861 6 82 61-1862 5 65-1248 80 67-1086 33 [The next page is 911 79 CHARTER COMPARATIVE TABLE ORDINANCES This table shows the location of ordinances amending the Charter. Ordinance Adoption Section Number Date Section this Charter 5-75-3 12-22-75 3 Char., § 7 33-77-4 6-13-77 I Char., § 79 II Char., § 80 III Char., § 81 IV Char., § 85 40-79-8 6-11-79 A Char., § 109 5-82-8 4-26-82 1 Char., § 32 2 Char., § 34 5-83-9 11-14-83 1 Char., § 7 5-83-12 2-13-84 1 Char., Art. VII(note) [The next page is 103] 91 PART H CODE OF ORDINANCES Chapter 1 • GENERAL PROVISIONS Sec. 1-1. How Code designated and cited. The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances of the City of Atlantic Beach, Florida," and may be so cited. (Code 1970, § 1-1) Sec. 1-2. Definitions and rules of construction. In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city commission: 4110 Charter. The word "Charter" shall mean the Charter of the City of Atlantic Beach as printed in Part I of this volume. City. The words "the city" or "this city" shall mean the City of Atlantic Beach, Florida. Code. The word "Code" shall mean "The Code of Ordinances of the City of Atlantic Beach,Florida," as designated in section 1-1. Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default from which the designated period of time begins to run is not to be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or a legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed shall be less than seven(7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. Commission, city commission. Whenever the words "commission" or "city commission" are used, they shall be construed to mean the city commission of the City of Atlantic Beach, Florida. County. The word "county" shall mean Duval County, Florida. Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations, as well as to males. Joint authority. Words purporting to give joint authority to three (3) or more officers or S other persons shall be construed as giving authority to a majority of such officers or persons. Month. The word "month" shall mean a calendar month. 103 § 1-2 ATLANTIC BEACH CODE Number. A word importing the singular number only may extend and be applied to several persons and things, as well as to one(1)person and thing. Oath. The word"oath" shall include the word"affirm." Officers, departments, boards, commissions and other agencies. References to the city manager, city, clerk, chief of police or other officers, any department, board, commission or any other agency, unless otherwise indicated, shall be construed as if followed by the words "of the City of Atlantic Beach." Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership,joint tenant, or tenant by the entirety, of the whole or of a part of such building or,land. Person. The word "person" includes individuals, children, firms, partnerships, estates, trusts,business trusts,syndicates,fiduciaries,corporations and all other groups or combinations. Preceding, following. The words "preceding" and"following" mean next before and next after,respectively. Public place. The term"public place" shall mean any park,cemetery,school yard or open space adjacent thereto and any lake or stream. Registered mail. The words "registered mail" shall include certified mail with return receipt requested. Shall; may. The word"shall" is mandatory. The word"may" is permissive. State. The words "the state" or "this state" shall be construed to mean the State of Florida.' Street. The word"street"shall be construed to embrace the ocean beach,streets,avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city. Tenant, occupant. The words "tenant" or"occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies, the whole or a part of such building or land, either alone or with others. Tense. Words used in the past or present tense include the future as well as the past and present. Writing. The word "writing" includes handwriting, printing, typewriting and all other methods and means of forming letters and characters upon paper, stone, wood or other materials. (Code 1970, § 1-2) • State law reference—Construction of statutes,F.S. § 1.01 et seq. Sec. 1-3. Headings and catchlines. The chapter, article and division headings, and the catchlines of the several sections of this Code,printed at the head of each section,are intended as mere catchwords to indicate the contents of the chapter, article, division or section, and shall not be deemed or taken to be 104 GENERAL PROVISIONS § 1-6 • • titles of such chapter, article, division or section, nor as any part of the chapter, article, division or section, nor, unless expressly so provided, shall they be so deemed when any of such chapters,articles,divisions or sections,including the headings or catchlines,are amended or reenacted. (Code 1970, § 1-3) Sec. 1-4. History notes and references. The history notes in parentheses following each section and the various editor's notes and references appearing throughout the Code are merely for the convenience of the user of the Code and shall have no legal effect. Sec. 1-5. Certain ordinances saved from repeal. Nothing in this Code or the ordinance adopting this Code shall affect any of the following when not inconsistent herewith: (1) Any ordinance promising or guaranteeing the payment of money for the city or authorizing the issue of any bonds of the city, or any evidence of the city's indebted- ness, or any contract or obligation assumed by the city; • (2) Any annual tax levy, appropriation or budget; (3) Any right or franchise conferred by ordinance on any person or corporation; (4) Any ordinance adopted for purposes which have been consummated; (5) Any ordinance which is temporary, although general in effect, or special, although permanent in effect; (6) Any ordinance relating to the salaries of the city officers or employees; (7) Any ordinance annexing territory to the city; (8) Any ordinance naming,renaming, opening, accepting or vacating streets or alleys in the city; (9) Any ordinance amending the zoning map; (10) Any ordinance pertaining to traffic or parking regulations applying to specific streets; and all'such ordinances shall remain in full force and effect as if set out at length herein. (Ord. No. 47-70-1, § 3) Sec. 1-6. Effect of Code on prior acts or rights. Nothing in this Code or the ordinance adopting this Code shall effect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or • accruing before the effective date of this Code; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this Code. (Ord. No. 47-70-1, § 3) 105 § 1-7 ATLANTIC BEACH CODE 1111 Sec. 1-7. Effect of repeal of ordinances. (a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. (b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. (Code 1970, § 1-4) • Sec. 1-8. Severability of parts of Code. It is hereby declared to be the intention of the city commission that the sections, para- graphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconsti- tutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the city commission without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. (Code 1970, § 1-5) Sec. 1-9. Amendments to Code. (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect any section or subsection of this Code, shall be numbered consecutively,but shall refer specifically to the section or subsection affected, and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection, or any portion thereof, such repealed portions shall be excluded from this Code by omission from reprinted pages. The subsequent ordinances, as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code and subse- quent ordinances numbered or omitted are re-adopted as a new code by the city commission. (b) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following manner: "Section of The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows• " The new provisions shall then be set out in full. (c) If a new section not heretofore existing in the Code is to be added, the following language shall be used: "The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Section ,which section shall read as follows• The new section shall then be set out in full. (d) All sections, divisions, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, division, article or chapter number in the following language: "Section(Chapter, Article or Division) of The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby repealed.". 106 GENERAL PROVISIONS § 1-11 1110 Sec. 1-10. Supplementation of Code.. (a) By contract or by city personnel, supplements to.this Code shall be prepared and printed whenever authorized or directed by the city commission. A supplement to the Code shall include-all substantive permanent and general parts of ordinances passed by the city commission or adopted by initiative and referendum during the period covered by the supple- ment and all changes made thereby in the Code, and shall also include all amendments to the Charter during that period.The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: 11) (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subdivi- sions of the Code printed in the supplement, and make changes in such catchlines, headings and titles; (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and,where necessary to accommodate new material, change existing section or other subdivision numbers; (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections to " (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and (5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. Sec. 1-11. General penalty;continuing violations. (a) Whenever in this Code or in any ordinance or resolution of the city or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly 41, vested in him or if any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be 107 § 1-11 ATLANTIC BEACH CODE unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance or resolution of the city or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars ($500.00), or imprisonment for a term not exceeding sixty (60) days, or by both fine and imprisonment. (b) Except where otherwise provided, every day any violation of the Code or any other ordinance or resolution of the city or such rule, regulation or order shall continue shall constitute a separate offense. , (Code 1970, § 1-6) 411) [The next page is 159] 108 • Chapter 2 ADMINISTRATION* Art. I. In General, §§ 2-1-2-15 Art. II. City Commission, §§ 2-16-2-30 Art. III. City Manager, §§ 2-31-2-40 Art. IV. Departments, §§ 2-41-2-130 Div. 1. Generally, §§ 2-41-2-50 Div. 2. Police Department, §§ 2-51-2-60 Div. 3. Fire Department, §§ 2-61-2-70 Div. 4. Department of Finance, §§ 2-71-2-130 Art. V. Boards and Commissions, §§ 2-131-2-225 Div. 1. Generally, §§ 2-131-2-140 Div. 2. Code Enforcement Board, §§ 2-141-2-225 Art. VI. Employer Benefits, §§ 2-226-2-2-310 Div. 1. Generally, §§ 2-226-2-240 Div. 2. Old-Age and Survivors Insurance, §§ 2-241-2-260 Div. 3. Retirement System, §§ 2-261-2-310 Art. VII. Finance, §§ 2-311-2-366 Div. 1. Generally, §§ 2-311-2-330 Div. 2. Purchasing, §§ 2-331-2-355 Div. 3. Uniform Travel Policy and Procedure, §§ 2-356-2-366 ARTICLE I. IN GENERAL Secs. 2-1-2-15. Reserved. ARTICLE II. CITY COMMISSIONt Sec. 2-16. Time and place of regular meetings. The regular meetings of the city commission shall be held on the second and fourth Mondays of each month, except December, in city hall, at 7:15 p.m. If the second or fourth Monday falls on a holiday, the regular meeting shall be held on the Tuesday immediately *Charter references—Form of government, § 3; general powers, § 4. Cross references—Planning,Ch. 14;advisory planning board, § 14-16 et seq.;police,Ch. 15;taxation, Ch. 20; utilities, Ch. 22; administration of zoning regulations, § 24-46 et seq. State law references—Public records, F.S. Ch. 119; public meetings and records, F.S. § 286.011. tCharter reference—The commission, § 5 et seq. • State law references—Code of ethics for public officers and employees,F.S. § 112.311 et seq. 159 § 2-16 ATLANTIC BEACH CODE following the holiday. In the month of December, the regular meeting shall be held on the 1111 second Monday of the month. Additional regular meetings shall be held on the night of every election. (Code 1970, § 2-2; Ord. No. 5-83-10, § 1, 12-12-83) Sec. 2-17. Calling special meetings. The mayor-commissioner, city manager or a majority of the city commission may call a special meeting of the city commission on twenty-four(24)hours' notice. (Code 1970, § 2-2) 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 commis- sion 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. 160 ADMINISTRATION § 2-19 110 (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 commis- sion's attention; c. Reading of communications to the city commission; d. Report of city manager; e. Unfinished business of preceding meeting; f. Report of committees; g. Action on resolutions; h. Action on ordinances; i. Miscellaneous business. (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 commis- sion may direct a report to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of further consideration of the matter, and it be otherwise disposed of by the city commission. (10) Rule 10. Upon every matter referred to a committee, the committee or a majority thereof shall meet for inquiry or deliberation, and no report of or concerning the matter shall be made unless a majority of the committee shall have signed the same. (11) Rule 11. It shall be the duty of the chairman or vice-chairman of all committees to which any pending matters have been referred to cause their committee to meet to consider and dispose of its pending business, and as far as practicable, to give advance notice of the time and place of such meeting to all members of the city commission,the city clerk,city manager and other persons known to be interested in favor of, or opposed to,the particular matters proposed to be considered. (12) Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All special reports shall state the facts substantially appearing before the committee. (13) Rule 13. Upon the reading of petitions and communications and upon introduction of bills and resolutions other than those appearing upon the official agenda,the presid- ing 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. 161 § 2-19 ATLANTIC BEACH CODE (15) Rule 15. Proposed ordinances may be introduced at any meeting of the city commis- sion,provided the same are prepared in written or printed form. Unless copies of the proposed ordinances shall have been previously delivered to the mayor-commissioner and each member of the city commission at least three(3)days prior to the meeting at which they are introduced,no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manger, city clerk and city attorney shall, when re- quested 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 tern shall exercise the duties and powers of the mayor- commissioner during his absence or disability. (24) Rule 24. It shall be the duty of the city clerk to attend all meetings of the city commission and to record and keep the minutes and records thereof. The minutes of 162 ADMINISTRATION § 2-50 such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor-commissioner, and in his absence, the mayor pro tem, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk, and the record of every meeting shall be signed, when approved, by the city clerk and the mayor-commissioner or the mayor pro tern who presided thereat. (Code 1970, § 2-5) Sec. 2-20. Salary of members. (a) The annual salary of the mayor-commissioner shall be five thousand dollars($5,000.00). The annual salary of the commissioners shall be two thousand five hundred dollars($2,500.00). (b) The salary of the mayor-commissioner and commissioners shall be made in twelve(12) equal monthly payments. (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) Secs. 2-21-2-30. Reserved. 410 ARTICLE III. CITY MANAGER* Secs. 2-31-2-40. Reserved. • State law reference—Code of ethics for public officers and employees, § 112.311 et seq. ARTICLE IV.DEPARTMENTS DIVISION 1. GENERALLY Sec. 2-41. Director of public safety. The city manager, or any other qualified person as provided by ordinance, shall be the director of public safety, and under whose supervision there shall be a police department and a fire department. - (Laws of Fla., Ch. 57-1126, § 35; Code 1970, § 2-1; Ord. No. 57-78-7, § B, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-42-2-50. Reserved. *Charter reference—The city manager, § 25 et seq. 163 § 2-51 ATLANTIC BEACH CODE DIVISION 2. POLICE DEPARTMENT* Sec. 2-51. Chief of police—Appointment,compensation. The chief of police shall be the head of the police department and shall be appointed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 36; Ord. No. 57-78-7, § C, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2-52. Same—Duties and authority. It shall be the duty of the chief of police to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of order and to enforce the city's ordinances;to execute all papers and process of the city or its authorities; and to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the chief of police shall have and exercise control over the police department. (Laws of Fla., Ch. 57-1126, § 37; Ord. No. 57-78-7, § D, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2-53. Powers and authority of deputies and chief. The chief of police and his deputies shall have the power and authority to immediately arrest, with or without warrant, and also to take into custody any person who shall commit, threaten, or attempt to commit, in his presence or within his view, any offense prohibited by the ordinances and laws of the city, of the state, or of the United States of America, and shall without unnecessary delay, bring the offenders before the appropriate court to be dealt with according to law. (Laws of Fla., Ch. 57-1126, § 38; Ord. No. 57-78-7, § E, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-54-2-60. Reserved. DIVISION 3. FIRE DEPARTMENT* Sec. 2-61. Fire chief—Appointment;compensation. The fire chief shall be the head of the fire department and shall be appointed and removed by the director of public safety,subject to the approval of the city commission.He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 39; Ord. No. 57-78-7, § F, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2-62. Same—Duties and authority. It shall be the duty of the fire chief to attend all meetings of the city commission as required by the city commission;to aid in the enforcement of all city ordinances relating to the prevention and extinguishment of fires and the protection of life and property within the *Cross reference—Police generally, Ch. 15. I Cross reference—Fire prevention and protection, Ch. 7. 41110 164 ADMINISTRATION § 2-73 411) limits of the city, and to execute all papers and process of the city or its authorities relating thereto, and to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety,the fire chief shall have and exercise control over the fire department.. (Laws of Fla., Ch. 57-1126, § 40; Ord. No. 57-78-7, § G, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2-63. Life guard division. The life guard division shall be under the supervision of the life guard captain,who shall be responsible to the chief of police. The functions of the division shall be as follows: (1) Protect the safety and welfare of all persons using the beaches. (2) Regulate all rules governing beaches for safety purposes. (3) Give artificial respiration and other medical aid for minor purposes. (4) Prepare reports on the conditions of approaches and beaches, and submit departmen- tal resumes of monthly information to the director of public safety. (5) Perform such other duties as may be assigned by the director of public safety. (Ord. No. 57-78-7, § H, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-64-2-70. Reserved. DIVISION 4. DEPARTMENT OF FINANCE* Sec. 2-71. Director of finance—Appointment. The city manager may, at his discretion, appoint a director of finance and other employ- ees as may be required to administer the financial affairs of the city. (Ord. No. 5-81-7, § 2, 1-11-82) Sec. 2-72. Created. The department of finance is hereby created. The department shall be an administrative department of the city. (Ord. No. 5-81-7, § 1, 2, 1-11-82) Sec. 2-73. Same—Investment of funds. The director of finance shall invest funds of the city not required for immediate disburse- ment. Such investments shall be at the discretion of the finance director within constraints established by City Charter, ordinance and state and federal statutes. (Ord. No. 5-81-7, § 5, 1-11-82) *Cross reference—Finance generally, § 2-311 et seq. 165 § 2-74 ATLANTIC BEACH CODE Sec. 2-74. Same—Duties generally. The finance director shall be responsible for the preaudit of all purchase orders,receipts, and disbursements, prepare payrolls, prepare and issue all checks, maintain and supervise cost accounts, prepare all invoices, and maintain inventory records of all municipal property. (Ord. No. 5-81-7, § 6, 1-11-82) Sec. 2-75. Same—Financial information. The director of finance shall be responsible for the rendering of an account to the city commission showing the financial condition of the city at the date of such account, and to prepare and present other such financial information as may be required by the city commission. (Ord. No. 5-81-7, § 7, 1-11-82) Sec. 2-76. Same—Assisting in preparation of budget;accepting other responsibilities. The director of finance shall assist the city manager in the preparation of the annual budget and shall perform other duties and accept other responsibilities as may be assigned by the city manager. (Ord. No. 5-81-7, § 8, 1-11-82) Sec. 2-77. Functions. Accounting, finance and treasury functions of the city shall be combined in a single finance department. The city manager shall be responsible for the department and he shall perform the duties of each function in the absence of a director of finance. _ (Ord. No. 5-81-7, § 3, 1-11-82) Sec. 2-78. Duties. The department of finance shall have the following duties; the custodian of all monies of the city; receive all monies belonging to the city; and to disburse same; keep proper books in such a manner that they may be readily understood and audited. Such books shall contain a separate account of each fund or appropriation, and debits and credits thereto belonging, and in general an accurate accounting of all monies received, from whom received, and to whom disbursed, into what account received and disbursed. The accounting shall be consistent with the uniform accounting system, local units of government, state, and generally accepted accounting principles and practices. (Ord. No. 5-81-7, § 4, 1-11-82) Secs. 2-79-2-130. Reserved. ARTICLE V. BOARDS AND COMMISSIONS* DIVISION 1. GENERALLY Secs. 2-131-2-140. Reserved. *Cross references—Board of trustees for retirement system, § 2-264 et seq.; advisory planning board, § 14-16 et seq. 110 166 ADMINISTRATION § 2-142 DIVISION 2. CODE ENFORCEMENT BOARD* Sec. 2-141. Created; membership; terms. (a) There is hereby created a code enforcement board of the city, which shall consist of seven (7) members to be appointed by the mayor and approved by the city commission. All members of the board shall be residents of the city and shall serve without compensation. (b) The membership of the code enforcement board shall, whenever possible, include persons in the following fields: (1) Architect; (2) A businessman; (3) An engineer; (4) A general contractor; (5) A Realtor; (6) A subcontractor; (7) A person with zoning and building experience. (c) The initial appointments to the code enforcement board shall be as follows: (1) Two (2) members shall be appointed for a term of one year. (2) Three (3) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. Thereafter, each term shall be for a period of three (3) years. (d) Any member may be reappointed from term to term upon approval of the city commission. (Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85) State law reference—Similar provisions, F.S. § 162.05. Sec. 2-142. Removal; filling vacancies. Members of the code enforcement board may be removed from office by the city commis- sion for cause upon written charges and after public hearing. Any member who fails to attend two (2) out of three (3) consecutive meetings without cause and without prior approval of the chairman of the board shall have his office declared vacant, and the city commission shall promptly fill such vacancy. Vacancies shall be filled by appointment by the mayor and approval of the city commission for the unexpired terms affected. (Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85) State law reference—Similar provisions, F.S. § 162.05. *State law reference—Local Government Code Enforcement Boards Act, F.S. Ch. 162. Supp. No. 1 167 § 2-143 ATLANTIC BEACH CODE Sec. 2-143. Meetings; election of officers; quorum. (a) At the first meeting of the code enforcement board, the members of the board shall elect a chairman and a vice-chairman to preside in the absence of the chairman. The presence of four (4) or more members shall constitute a quorum necessary to take action. Meetings of the board shall occur no less frequently than once every two (2)months, but the board may meet more often as necessary. (b) Special meetings of the board may be convened by the chairman upon the giving of notice thereof to each other member of the board. Unless waived by a majority of the board, notice of a special meeting shall be given at least twenty-four (24) hours prior thereto. (Ord. No. 95-80-21, § 2, 12-8-80) State law reference—Similar provisions, F.S. § 162.07. Sec. 2-144. Minutes of hearings; clerical and administrative personnel. Minutes shall be maintained of all hearings held by the code enforcement board, and all hearings shall be open to the public. The city commission shall provide clerical and adminis- trative personnel as may be reasonably required by the board for the proper performance of its duties. (Ord. No. 95-80-21, § 2, 12-8-80) State law reference—Similar provisions, F.S. § 162.07. Sec. 2-145. City attorney. The city attorney shall either be counsel to the code .enforcement board or shall represent the city by presenting cases before the board; but in no case shall the city attorney serve in both capacities. Each case before the board shall be presented by either the city attorney or by xa recti her of the a-Ineini t ati v c z x rif the xia TiaZii ri I t (Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-81-22, § 1, 2-9-81) State Iaw reference—Similar provisions, F.S. § 162.05(4). Sec. 2-146. Jurisdiction. (a) The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the following codes and ordinances of the city: (1) Animals and Fowl (Chapter 4 of the Code). (2) Buildings and Building Regulations (Chapter 6 of the Code). (3) National Electrical Code (Chapter 6, Article III of the Code). (4) Fire Prevention Code (Chapter 7 of the Code). (5) Flood Hazard Districts (Chapter 8 of the Code). (6) Licenses and Business Regulation (Chapter 20 of the Code). (7) Mobile Homes and Recreational Vehicles (Chapter 10 of the Code). (8) Noise Code (Chapter 11 of the Code). Supp. No. 1 168 ADMINISTRATION § 2-147 (9) Nuisance Code (Chapter 12 of the Code). (10) Plumbing Code (Chapter 6, Article IV of the Code). (11) Refuse and Garbage (Chapter 16 of the Code). (12) Signs and Advertising Structures (Chapter 17 of the Code). (13) Solicitation (Chapter 18 of the Code). (14) Swimming Pool Code (Chapter 6, Article VI of the Code). (15) Trailers and Trailer Parks (Chapter 10 of the Code). (16) Trees (Chapter 23, Article II of the Code). (17) Wastewater System (Chapter 22, Article III of the Code). (18) Weeds, Accumulation of (Chapter 23, Article III of the Code). (19) Zoning and Subdivision Regulations (Chapter 24 of the Code). (b) The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions in subsection (a) may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance. (Ord. No. 95-80-21, § 3, 12-8-80; Ord. No. 95-85-26, 2-25-85) State law reference—Intent, F.S. § 162.02. Sec. 2447. Procedure; hearings. (a) An alleged violation of any of the provisions in subsection (a) shall be filed with the board by the administrative official whose responsibility it is to enforce that respective code or ordinance. If a violation of a code or ordinance is believed to exist, the official shall notify the violator (respondent) and give the respondent a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the administrative official shall recite to the board the name and address of the respondent, the code provision involved and a short factual statement for the belief that a violation exists. The code enforce- ment board may then order that a hearing be held at a subsequent meeting of the board, and shall give notice thereof to the respondent by certified mail, return receipt requested, or by personal service. (b) At the hearing the burden of proof shall be upon the administrative official to show to a preponderance of the evidence that a violation does exist. Assuming proper notice of the hearing has been provided to the respondent as provided in subsection (a) above, a hearing may proceed in the absence of the respondent. All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial or unduly repetitions evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not the evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. Supp. No. 1 169 § 2-147 ATLANTIC BEACH CODE (c) Any member of the board, or the attorney appointed to represent the board, may inquire of any witness before the board. The alleged violator, or his attorney, and the attorney representing the code inspector shall be permitted to inquire of any witness before the board. (d) At the conclusion of the hearing, the code enforcement board shall issue findings of fact and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted in this division. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten (10) days after the hearing. The finding shall be by motion approved by the affirmative vote of at least four (4)members. (Ord. No. 95-80-21, § 4, 12-8-80) Sec. 2-148. Powers. The code enforcement board shall have the power to: (1) Adopt rules for the conduct of its meetings and hearings. (2) Serve respondents and subpoena witnesses to hearings. (3) Subpoena records, surveys, plats and other documentary materials. (4) Take testimony under oath. (5) Issue orders having the force and effect of law which can command whatever steps are necessary to bring a violation into compliance, the decision to be made at the hearing and reduced to writing and mailed to the respondent within ten (10) days thereafter. (6) Establish fines pursuant to section 2-149 herein. (Ord. No. 95-80-21, § 5, 12-8-80) State law reference—Similar provisions. F.S. § 162.08. Sec. 2-149. Penalties; lien. (a) The code enforcement board may order a respondent to pay a fine not to exceed two hundred fifty dollars ($250.00) per day that any violation continues past the date set for compliance in the order of the board issued after the hearing. A certified copy of an order for a fine may be recorded in the public records of the office of the clerk of the circuit court in and for Duval County, Florida, and once recorded, shall constitute a lien against the land on which the violation exists, or, if the violator does not own the land, upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property. No lien shall exceed five thousand dollars ($5,000.00) in total principal amount. (b) After one year from the filing of any such lien which remains unpaid, the enforcement board may authorize the city attorney to foreclose on the hen. (Ord. No. 95-80-21, § 6, 12-8-80; Ord. No. 95-85-26, 2-25-85) State law reference—Similar provisions, F.S. § 162.09. Supp. No. 1 170 ADMINISTRATION § 2-225 Sec. 2-150. Duration of lien. No lien provided under this division shall continue for a period longer than two (2) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a. notice of lis pendens is recorded. State law reference—Similar provisions, F.S. § 162.10. Sec. 2-151. Appeal. Any aggrieved party, including the local governing body, may appeal a final order of the code enforcement board to the circuit court of Duval County, Florida, within thirty (30) days of the execution of the order to be appealed. The scope of review shall be limited to the record made before the board and shall not be a trial de novo. The board shall by rule establish reasonable charges for the preparation of the record to be paid by the petitioner. (Ord. No. 95-80-21, § 7, 12-8-80; Ord. No. 95-85-26, 2-25-85) State law reference—Similar provisions, F.S. § 162.11. Secs. 2-152-2-225. Reserved. Supp. No. 1 170.1 ADMINISTRATION § 2-243 ARTICLE VI. EMPLOYEE BENEFITS* DIVISION 1. GENERALLY Secs. 2-226-2-240. Reserved. DIVISION 2. OLD-AGE AND SURVIVORS INSURANCEt Sec. 2-241. Statement of policy. It is hereby declared to be the policy and purpose of the city to extend, effective as of January 1, 1951, to the employees and officials of the city not excluded by law, and whether employed in connection with a governmental or proprietary function, the benefits of the system of old—age and survivors insurance, as authorized by the Federal Social Security Act and amendments thereto,including Public Law 734 of the 81st Congress, and by F.S. Ch. 650; and to cover by such plan all services which constitute employment as defined in F.S. § 650.02,performed in the employ of the city by employees thereof. In pursuance of such policy, and for that purpose,the city shall take such action as may be required by applicable state or federal laws or regulations. (Code 1970, § 16-4) IP Sec. 2-242. Execution of agreements by mayor-commissioner. The mayor-commissioner is hereby authorized and directed to execute all necessary agreements and amendments thereto with the division of retirement of the department of administration as the state agency for the state or his authorized representative for the purpose of extending the benefits provided by the system of old-age and survivors insurance to the employees and officials of this city, as provided in section 2-241, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary for the proper and efficient administration thereof, and shall be effective with respect to services in employment covered by the agreement performed after December 31, 1950. (Code 1970, § 16-5) Sec. 2-243. Withholdings from wages. Withholdings from salaries, wages or other compensation of employees and officials for the purpose provided in section 2-241 are hereby authorized to be made,and shall be made,in the amounts and at such times as may be required by applicable state or federal laws or *Cross reference—Any ordinance relating to the salaries of the city officers or employ- ees saved from repeal, § 1-5(6). tState law references—Social security for public employees, F.S. Ch. 650; authority of political subdivisions of state to submit plans for inclusion under the social security act,F.S. § 650.05. 171 2224 ATLANTIC BEACH CODE regulations,;and:shall'be paid,overtothe state agency designatedlby:such laws or regulations to receive such amounts. (Code 1970,:§ 16-6) Sec. 2-244. Appropriations and=payment of contributions by city. There shall be appropriated from available funds, derived from :such :amounts, at the times, as may be required to pay promptly the contributions required cif the city as employer by applicable state or federal laws or regulations, which shall be.paid over to the lawfully designated state agency at the times;and in the,naaz ner provided by law and regulations. (Code 1970, § 16-7) Sec. 2-245. Records and reports. The city shall keep:such records and make such reports as may be required by applicable state-or federal laws or regulations, and shall adhere to the rules and regulations of the state agency for-the.enforcement ofthe laws-and regulations. (Code 1970,.§:16J8) Sec. 2-246. EaCclusions. There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered,or authorized to be covered,by any other ordinance or law creating any retirement system for anyemployee or official of the 4110 city. (Code 1970, § 16-9) Sec. 2-247. Acceptance of Social Security Act. The city hereby adopts the terms, conditions, requirements, reservations, benefits, privi- leges and other conditions thereunto appertaining to Title II of the Social Security Act, as amended by Public Law No. 734, 81st Congress, for and on behalf of all the officers and employees thereof and of its departments and agencies,save and except any of the officers and employees now covered or authorized to be covered by any retirement systemprovided by law, and further excepting any official or employee who occupies any position, office or employ- ment not authorized to be covered by applicable state or federal laws or regulations. (Code 1970, § 16-10) Sec. 2-248. Designation of custodian of funds and withholding and reporting agent. The director of finance is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of theappropriated funds for the contribution of the city and the director of finance is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this article. (Code 1970, § 16-11) Secs. 2-249-2-260. Reserved. • 172 ADMINISTRATION § 2-262 DIVISION 3.RETIREMENT SYSTEM Sec. 2-261. Created,purpose. The city employees' retirement system is hereby created and established for the purpose of providing pensions and death benefits for the employees of the city and their dependents. The effective date of the retirement system is December 22, 1975. (Ord. No. 58-75-4, § 1, 12-22-75) Sec. 2-262. Definitions. • The following words and phrases as used in this division shall have the following mean- ings unless a different meaning is clearly required by the context: Actuarial equivalent shall mean of equal pension reserve(present value). Beneficiary shall mean any person who is being paid, or has entitlement to future payment, of a pension or other benefit by the retirement system for a reason other than the person's membership in the retirement system. Board of trustees or board shall mean the board of trustees provided for in this division. City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, 411, departments and instrumentalities. City employee shall mean any person in the employ of the city.. Compensation shall mean the salary or wages paid a member for personal service ren- dered the city. Compensation shall include base salary or wages, longevity pay,overtime pay, cost of living payments, and salary or wages while absent from work on account of vacation, holiday or illness. 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 any other item not specifically included. Credited service shall mean the service credited a member as provided in this division. Final average compensation shall mean one/sixtieth of the aggregate amount of compen- sation paid a member during the period of sixty (60) consecutive months of the member's credited service in which the aggregate amount of compensation paid is greatest. The sixty (60) consecutive months of credited service must be contained within the member's last one hundred twenty(120)months of credited service.If a member has less than sixty(60)consecu- tive months of credited service, final average compensation means the aggregate amount of compensation paid the member divided by the member's months of credited service. Firefighter shall mean a city employee employed in the fire department who holds the rank of firefighter or higher,including probationary firefighter.The term firefighter shall not include any civilian city employee employed in the fire department, any person employed as a 1110 firefighter for an emergency, or any person privately employed as a firefighter. Member shall mean any person who is a member of the retirement system. 173 § 2-262 ATLANTIC BEACH CODE Pension shall mean a series of monthly payments by the retirement system throughout 1111. the future life of a retirant or beneficiary, or for a temporary period, as provided in this division. Pension reserve shall mean the present value of all payments likely to be made on account of a pension. The present value shall be computed on the basis of such mortality and other tables of experience and regular annual compound interest as the actuary appointed by the board of trustees shall from time to time determine. Police officer shall mean a city employee employed in the police department who holds the rank of patrol officer or higher, including probationary patrol officer. The term police officer shall not include any civilian city employee employed in the police department,any person employed as a police officer for an emergency, or any person privately employed as a police officer. Regular interest shall mean such rate or rates of interest per annum,compounded annual- ly, as the board of trustees shall from time to time adopt. Retirant shall mean any person who is being paid a pension by the retirement system on account of the person's membership in the retirement system. Retirement systems or system shall mean the city retirement system created and estab- lished by this division. Service shall mean personal service rendered to the city by a city employee. Workers' compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse or child pursuant to any workers' compensation or similar law. Redemptions or settlements of a workers' compensation claim shall be considered workers' compensation benefits. Payments in consideration of medical expenses shall be disregarded in the determi- nation of workers' compensation benefits. (Ord. No. 58-75-4, § 2, 12-22-75) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 2-263. Benefit groups. (a) The following benefit groups are hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount: (1) Benefit-group general shall consist of all members not included in one of the benefit groups which follow; (2) Benefit group fire shall consist of all members who are also firefighters; (3) Benefit group police shall consist of all members who are also police officers. (b) Benefit eligibility conditions shall be based on the member's benefit group at the time of termination of city employment. Benefit amounts shall be based on the amount of credited service acquired in each benefit group. (Ord. No. 58-75-4, § 3, 12-22-75) 174 ADMINISTRATION § 2-267 Sec. 2-264. Board of trustees—Responsibilities and duties generally. The general administration, management and responsibility for the proper operation of the retirement system, and for construing and making effective the provisions of this division are vested in the board of trustees. (Ord. No. 58-75-4, § 4, 12-22-75) Cross reference—Boards and commissions generally, § 2-131 et seq. Sec. 2-265. Same—Actuarial data;report to city commission. (a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended by the actuary as necessary for the operation of the retirement system on an actuarial basis. The board shall keep or cause to be kept, in convenient form, such additional data as is required to properly report the operations of the system. (b) The board shall render a report to the city commission on or before the first day of April of each year showing the fiscal transactions of the retirement system for the year ended the preceding thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of September, and a copy of the most recent actuarial report. (Ord. No. 58-75-4, § 10, 12-22-75) Sec. 2-266. Same—Composition. 1111 The board of trustees shall consist of five(5)trustees as follows: (1) Two (2) members of the city commission to be selected by the city commission and serve at the pleasure of the city commission; (2) The city manager,by virtue of his position; (3) One (1) member of the retirement system who is also either a police officer or a firefighter to be elected by the members of the retirement system who are also police officers or firefighters; (4) One(1)member of the retirement system who is neither a police officer nor firefighter to be elected by the members of the retirement system who are neither police officers or firefighters. The elections provided for in subsections(3) and(4)of this section shall be held in accordance with such rules as the board of trustees shall from time to time adopt. (Ord. No. 58-75-4, § 5, 12-22-75) Sec. 2-267. Same—Term of office;oath of office. The regular term of office of a member of the board of trustees shall be four(4)years, one (1) such term to expire every two(2)years. Each trustee shall, before assuming the duties of trustee, qualify by taking an oath of office to be administered by the city clerk. The initial term of office of the first elected police officer or firefighter trustee shall be two(2)years. (Ord. No. 58-754, § 6, 12-22-75) 175 § 2-268 ATLANTIC BEACH CODE. Sec. 2-268. Same—Vacancy;filling of vacancy. (a) A vacancy shall occur on the board of trustees if any trustee ceases to be a city employee.A vacancy shall occur on the board if any commissioner trustee or the city manager ceases to hold the position of commissioner, or city manager. A vacancy shall occur on the board if any member elected trustee fails to attend five (5)consecutive meetings of the board unless, in each case, excused for cause by the trustees attending the meeting. (b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety (90) days for the unexpired term, if applicable, in the same manner as the position was previously filled. (Ord.No. 58-75-4, § 7, 12-22-75) Sec. 2-269. Same—Meetings; quorum;voting;compensation. The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall designate the time and place of each meeting. All meetings of the board shall be open to the public. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring votes shall be necessary for a decision by the board. Each trustee shall be entitled to one(1)vote on each question before the board.Trustees shall serve without compensation for their services as trustees, but shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and in perform- ing required duties as trustees. (Ord. No. 58-75-4, § 8, 12-22-75) Sec. 2-270. Officers and employed services. The officers and employed services of the retirement system shall be as follows: (1) Chairperson:The board shall annually elect a chairperson and a chairperson pro tem from its members. (2) Secretary: The city manager shall be the secretary of the board and the administra- tive officer of the retirement system. (3) Treasurer: The director of finance shall be treasurer of the retirement system. The treasurer shall be custodian of the assets of the retirement system except as to the assets as the board may from time to time place in the custody of a nationally chartered bank. (4) Legal advisor:The city attorney shall be legal advisor to the board. (5) Actuary:The board shall appoint an actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall perform such services as are required in connection therewith. The term actuary as used in this division shall mean a member of the American Academy of 176 ADMINISTRATION § 2-272 Actuaries, or a person who has demonstrated an educational background necessary for the practice of actuarial science, and has at least five (5) years of relevant actuarial experience. A partnership or corporation may be appointed actuary if the duties of actuary are performed by or under the direct supervision of a person who meets thepreceding qualifications. (6) Medical director:The board may appoint as medical director a physician who is not a member, retirant or beneficiary. The medical director shall arrange for and pass upon all medical examiners required in the administration of the retirement system, and shall investigate all statements and certificates of a medical nature which are presented in connection with the operation of the retirement system. The medical director shall report his conclusions and recommendations in writing. (7) Services: The board is authorized and empowered to employ such professional and other services as are required for the proper administration of the retirement system. The services, other than actuarial and medical, shall be obtained and the compensa- tion for the services shall be fixed in accordance with city operating procedures. (Ord. No. 58-75-4, § 9, 12-22-75) Sec. 2-271. Membership. (a) All persons who are city employees, and all persons who become city employees, shall be members of the retirement system, except as provided in subsection(b)of this section. (b) The membership of the retirement system shall not include: (1) Any city employee who is employed in a position normally requiring less than one thousand(1,000)hours of work per annum; (2) Any city employee who is compensated on a fee basis; (3) Any person participating in another program of deferred compensation as approved by the city commission. (c) Any member who ceases to be a city employee shall thereupon cease to be a member, except as provided in section 2-278. (d) The board of trustees shall decide all questions concerning the membership status of any person. (Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81) Sec. 2-272. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe. In no case shall more than one (1)year of credited service be credited on account of all service rendered by a member in any one period of twelve (12) consecutive 177 § 2-272 . ATLANTIC BEACH CODE calendar months. Service shall be credited to the nearest one-twelfth of a year. The board of trustees may credit a member with a full year of credited service if the member has rendered at least ten-twelfths of a year of service during any period of twelve(12)consecutive calendar months. (Ord. No. 58-75-4, § 12, 12-22-75) Sec. 2-273. Loss of credited service. A retirement system member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than ten(10)years of credited service. (Ord. No. 58-75-4, § 13, 12-22-75) - Sec. 2-274. Reinstatement of credited service. A member's last forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture. (Ord. No. 58-75-4, § 14, 12-22-75) Sec. 2-275. Military service credit. (a) A member of the retirement system who leaves or left city employment to enter any armed service of the United States during time of war,period of compulsory military service, or period of national emergency recognized by the city commission shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city within one(1)year from and after the date of termination of such active duty; (2) In no case shall more than six (6) years of service be credited on account of all military service. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section. (Ord.No. 58-75-4, § 15, 12-22-75) Sec. 2-276. Voluntary retirement conditions. (a) A member of the retirement system may retire upon satisfaction of each of the following requirements: (1) The member files written application for retirement with the board of trustees setting forth the date, not less than thirty (30) days-nor more than ninety (90) days subsequent to the execution and filing thereof,retirement is to be effective; (2) The member terminates all city employment prior to the date retirement is to be effective; (3) The member has met one of the age and service requirements for retirement specified in subsection(b)applicable to the member's benefit group. 178 ADMINISTRATION § 2-277 4111 Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-281. (b) The age and service requirements for voluntary retirement are as follows: (1) Benefit group fire. The member has attained age fifty-five(55)years or older and has twenty(20)or more years of credited service in force;or,the member has attained age sixty(60)years or older, and has ten(10)or more years of credited service in force; (2) Benefit group police. The member has attained age fifty-five (55) years or older and has twenty(20)or more years of credited service in force;or,the,member has attained age sixty (60) years or older, and has ten (10) or more years of credited service in force; (3) Benefit group general. The member has attained age sixty(60)years or older,and has ten(10)or more years of credited service in force. (Ord. No. 58-75-4, § 16, 12-22-75) Sec. 2-277. Compulsory separation from employment;extensions;retirement. (a) A member of the retirement system, except an elected official of the city, shall be separated from city employment the first day of the calendar month next following attain- ment of the applicable age specified in subsection (b), unless an extension in employment is granted pursuant to subsection(c). (b) The age attainment for compulsory separation from city employment is as follows: (1) Benefit group fire:Age sixty-five(65)years; (2) Benefit group police: Age sixty-five(65)years; (3) Benefit group general: Age sixty-five(65)years. (c) A member may be continued in city employment beyond attainment of the applicable age specified in subsection (b), but not beyond seventy (70) years, subject to the following conditions: (1) The member makes written request to the board of trustees for a specified period of continued employment; (2) The request is approved by the city manager, except if the member's position is one obtained by city commission appointment; in this case, approval of the city commis- sion is required; (3) The request is approved by the board of trustees. (d) A member who has ten(10)or more years of credited service in force shall be retired and paid a pension computed according to the applicable subsections of section 2-281 upon 4110 separation from city employment as provided in this section. (Ord. No. 58-75-4, § 17, 12-5.2-75) 179 § 2-278 ATLANTIC BEACH CODE Sec. 2-278. Deferred retirement upon separation from.employment(vesting). 1111 (a) A member of the retirement system who terminates city employment for a reason other than retirement or death, and who has and maintains in force the applicable period of credited service specified in subsection (b)shall remain a member for the sole and exclusive purpose of being entitled to retire upon attaining age sixty (60)years. Upon retirement, the member shall be paid a pension computed according to the applicable subsections of section 2-282 as the subsections were in force at the time the member left city employment. (b) The credited service requirement for separation from city employment with entitle- ment to deferred retirement is: (1) Benefit group fire: Ten(10)years; (2) Benefit group police:Ten(10)years; (3) Benefit group general: Ten(10)years. (Ord. No. 58-75-4, § 18, 12-22-75) Sec. 2-279. Disability retirement—General conditions for eligibility. (a) Upon the application of a member of the retirement system or the member's depart- ment head, a member in the employ of the city who becomes totally and permanently incapacitated for employment by the city by reason of a personal injury or disease and who has in force the applicable period of credited service specified in subsection(b)may be retired by the board subject to the following conditions: (1) The member is medically examined by or under the direction of the medical director; (2) The medical director certifies to the board of trustees that the member is mentally or physically totally incapacitated for continued employment by the city, that the inca- pacity will probably be permanent, and the member should be retired; (3) The board of trustees concurs with the certification of the medical director. (b) The credited service requirement for disability retirement is as follows: (1) Benefit group fire: Ten(10)years; (2) Benefit group police: Ten(10)years; (3) Benefit group general: Ten(10)years. (c) Upon disability retirement a member shall be paid a pension computed according to_ the applicable subsections of section 2-281. Payment of the pension shall commence six (6) months following termination of city employment. The disability retirement shall be subject to section 2-280. (Ord. No. 58-75-4, § 19, 12-22-75) Sec. 2-280. Same—Continuation subject to re-examination;return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical examination by or under the direction of the medical director if the disability retirant has not attained the following applicable age: 180 ADMINISTRATION § 2-282 1111 (1) Benefit group fire:Age sixty(.60)1 years;; (2) Benefit group police: Age sixty(60)years; (3) Benefit group general: Age sixty(60)years. (b) If a disability retirant refuses to submit to a medical examination payment of the disability pension may be suspended by the board of trustees until withdrawal of the refusal. Should refusal continue for one(1)year all the disability retirant's rights in and to a disability pension may be revoked by the board of trustees. A disability retirant shall be restored to active employment with the city and the disability pension discontinued if following a medical examination the medical director certifies that the disability retirant is mentally and physi- cally able and capable of resuming employment with the city, and the board of trustees concurs in the certification of the medical director. The city shall be allowed reasonable latitude in placing the returned disability retirant in a position commensurate with the position held at time of disability retirement. (c) A disability retirant who has been restored to employment with the city as provided in subsection(a)shall again become a member of the retirement system.The disability retirant's credited service at time of retirement shall be restored to full force. Service shall be credited for the period the disability retirant was being paid a disability pension. (Ord. No. 58-75-4, § 20, 12-22-75) • Sec. 2-281. Amount of level straight life pension. (a) Benefit group fire. Subject to section 2-285, the amount of level straight life pension of the retirement system member shall be equal to the retiring member's benefit group fire credited service multiplied by two(2)percent of the retiring member's final average compensation. (b) Benefit group police. Subject to section 2-285,the amount of level straight life pension shall be equal to the retiring member's benefit group police credited service multiplied by two (2)percent of the retiring member's final average compensation. (c) Benefit group general. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group general credited service multi- plied by the sum of two(2)percent. (Ord. No. 58-75-4, § 21, 12-22-75) Sec. 2-282. Optional forms of pension payment. - A member of the retirement system may elect to be paid under one (1) of the following optional forms of payment in lieu of the level straight life form of payment. The election must be made in writing and filed with the board of trustees prior to the date retirement is effective. Payment will be made under the level straight life form of payment if a timely election of an optional form of payment is not made. The amount of pension under Option A and Option B shall be the actuarial equivalent of the amount of pension under the level straight life form of payment. (1) Option A; one hundred percent survivor pension: Under Option A, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, the 181 § 2-282 ATLANTIC BEACH CODE reduced pension shall be continued throughout the future lifetime of and paid to such person having an insurable interest in the retirant's life, as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. (2) Option B; fifty percent survivor pension: Under Option B, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, one-half of the reduced pension shall be continued throughout the future lifetime of and paid to such person having an insurable interest in the retirant's life, as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. (3) Option C; social security coordinated pension: Under Option C, a retirant shall be paid an increased pension to attainment of age sixty-five (65) years, and a reduced pension thereafter. The increased pension paid to attainment of age sixty-five (65) years shall approximate the sum of the reduced pension payable thereafter and the retirant's estimated social security primary insurance amount. Option C is available only to benefit group general members who retire pursuant to section 2-276 or section 2-278. (Ord. No. 58-75-4, § 22, 12-22-75) Sec. 2-283. Death while in city employment;elective survivor pension. A member of the retirement system who has ten(10)or more years of credited service in force may nominate a beneficiary whom the board of trustees finds to be dependent upon the member for at least fifty (50) percent of his/her support due to lack of financial means. A member may revoke the nomination of beneficiary at any time and again nominate a benefi- ciary whom the board of trustees finds to be dependent upon the member for at least fifty(50) percent of his/her support due to lack of financial means. The nomination of beneficiary shall be in writing and filed with the board of trustees.The nomination of beneficiary shall be null and void upon the member's retirement or prior termination of city employment. Upon the death of a member who has a valid nomination of beneficiary in force, the beneficiary, if living, shall be paid a level straight life pension computed according to section 2-281 in the same manner in all respects as if the member had elected Option A provided in section 2-282 and retired the day preceding his/her death, notwithstanding that the member may not have satisfied the conditions for retirement. (Ord. No. 58-75-4, § 23, 12-22-75) Sec. 2-284. Death while in city employment;automatic pension to spouse and/or children. (a) The applicable benefits provided in subsections(b)and(c)shall be paid if a member of the retirement system who has ten(10)or more years of credited service in force dies while in the employ of the city.The provisions of this section shall not apply in the case of the death of a member who has a valid designation of beneficiary in force pursuant to section 2-283. (b) Subject to subsection(d),the person to whom the deceased member was married at the time of death shall be paid a pension equal to a percent of the amount of level straight life 1111 182 ADMINISTRATION § 2-286 pension computed according to the applicable subsection of section 2-281, based on the de- ceased member's final average compensation and credited service. The percent shall be equal to the applicable following percent: (1) Benefit group fire: Seventy-five(75)percent; (2) Benefit group police: Seventy-five(75)percent; (3) Benefit group general: Seventy-five(75)percent. A surviving spouse's pension shall terminate upon remarriage or death. (c) The deceased member's unmarried children under the age of nineteen(19)years shall each be paid an equal share of a level straight life pension computed according to the applicable subsection of section 2-281,based on the deceased member's final average compen- sation and credited service. The percent shall be equal to the applicable following percent: (1) Benefit group fire. Zero (0) percent during periods a pension is being paid in accord- ance with the provisions of subsection(b). Fifty(50)percent during periods a pension is not being paid in accordance with the provisions of subsection(b); (2) Benefit group police. Zero (0) percent during periods a pension is being paid in accordance with the provisions of subsection (b). Fifty percent during periods a pension is not being paid in accordance with the provisions of subsection(b); (3) Benefit group general. Zero (0) percent during periods a pension is being paid in accordance with the provisions of subsection (b). Fifty (50) percent during periods a pension is not being paid in accordance with the provisions of subsection(b). A surviving child's pension shall terminate upon attainment of age nineteen (19) years, marriage, adoption or death, and the pension of each remaining eligible child shall be recomputed. (Ord. No. 58-75-4, § 24, 12-22-75) Sec. 2-285. Maximum amount of pension. In no case shall the annualized amount of a pension paid a member of the retirement system or the annualized amount of all pensions paid on account of the death of a member exceed the difference between: (1) Eighty(80)percent of the member's final average compensation; and (2) The member's initial annualized primary insurance amount under the federal old age, survivors, disability and health insurance program, or in the event of the death of the member,the annualized periodic benefit paid by the federal old age, survivors, disability and health insurance program; and, any workers' compensation benefits. (Ord. No. 58-75-4, § 25, 12-22-75) State law reference—Limitation of benefits,F.S. § 112.65. Sec. 2-286. Subrogation rights. If a member of the retirement system, retirant or beneficiary becomes entitled to a • pension as the result of an accident or injury caused by the act of a third party, the city shall be subrogated to the rights of such member,retirant or beneficiary against such third party to 183 § 2-286 ATLANTIC BEACH CODE the extent of pensions which the city pays or becomes liable to pay on account of such accident or injury. (Ord. No. 58-75-4, § 26, 12-22-75) Sec. 2-287. Reserve for retired benefit payments. The reserve for retired benefit payments shall be the account from which shall be paid all pensions as provided in this division. Should any disability retirant be returned to the employ of the city, the pension reserve at the date of return shall be transferred from the reserve for retired benefit payments to the reserve for employee contributions and the reserve for em- ployer contributions in the proportion transfers were made from the accounts at the time of retirement. (Ord. No. 58-75-4, § 27, 12-22-75) Sec. 2-288. Reserve for employer contributions;city contribution. (a) The reserve for employer contributions shall be the account to which shall be credited contributions made by the city and the state to the retirement system, and from which shall be made transfers as provided in this section. (b) Each year following receipt of the report of the annual actuarial valuation,the excess, if any, of the reported value of pensions being paid and likely to be paid retirants and beneficiaries over the balance in the reserve for retired benefit payments shall be transferred 1111/ from the reserve for employer contributions to the reserve for retired benefit payments. (c) The financial objective of this division is to require city contributions to the retire- ment system each year which together with other sources of income shall be sufficient to: (1) Fully fundthe cost of benefits likely to be paid on account of service rendered by members during the year; and (2), Finance unfunded costs of benefits likely to be paid on account of service rendered by members prior to the current year over a period of not more than forty(40)years. Such contributions shall be computed as level percents of member payroll in accordance with generally accepted actuarial principles on the basis of such rates of interest and_tables of experience as the board of trustees shall from time to time adopt. The city shall also contrib- ute the anticipated cost of any insurance coverage provided retirants and beneficiaries,to the extent such cost cannot be covered by the unencumbered balance in the reserve for undistrib- uted investment income.The board shall annually certify to the city commission the contribu- tions determined according to this section, and the commission shall appropriate and pay to the retirement system, during the next fiscal year,the contributions so certified. (Ord. No. 58-75-4, § 28, 12-22-75) Sec. 2-289. Reserve for undistributed investment income. The reserve for undistributed investment income shall be the account to which shall be credited all interest, dividends and other income from the investment of retirement system assets, all gifts and bequests received by the retirement system, all unclaimed accumulated 411111 184 ADMINISTRATION § 2-293 contributions and pensions, and all other monies received by the retirement system the disposition of which is not specifically provided. There shall be transferred from the reserve for undistributed investment income all amounts required to credit regular interest to the reserve for employer contributions, and the reserve for retired benefit payments. Whenever the board of trustees determines the balance in the reserve for undistributed investment income is more than sufficient to cover current charges to the account, the excess or any part thereof may be used to provide contingency reserves, or to meet special requirements of the other reserve accounts of the retirement system. Whenever the balance in the reserve for undistributed investment income is insufficient to meet the current charges to the account, the amount of the insufficiency shall be transferred from the reserve for employer contributions. (Ord. No. 58-75-4, § 29, 12-22-75) Sec. 2-290. Investment of retirement system assets. The board of trustees shall be the trustee of the monies and assets of the retirement system.The board shall have full power and authority to invest and reinvest such monies and assets subject to all terms, conditions, limitations and restrictions imposed by the state on the investments of public employee retirement systems. The board shall employ outside invest- ment counsel to advise the board in the making and disposition of investments. All monies and assets of the retirement system shall be held for the sole purpose of meeting disburse- ments authorized in accordance with the provisions of this division, and shall be used for no other purposes. (Ord. No. 58-75-4, § 30, 12-22-75) Sec. 2-291. Divisions. The retirement system shall consist of three (3) divisions, one (1) for members who are police officers, or one (1)for members who are firefighters, and one (1)for all other members. Separate accounting of the transactions of the retirement system shall be maintained for each division and shall clearly indicate the equity of each division in the assets of the retirement system. The account separation shall be effective as of June 1, 1976. Each division shall be regarded as a separate trust fund. The provisions of this section refer only to the accounting records of the retirement system and shall not be construed as requiring a physical segrega- tion of the assets of the retirement system between the divisions. (Ord. No. 58-75-4, § 31, 12-22-75) Sec. 2-292. Expenses. The expenses of administering the retirement system shall be paid by the city. (Ord. No. 58-75-4, § 32, 12-22-75) Sec. 2-293. Insurance coverage for retirants and beneficiaries. • The board of trustees shall pay the premiums applicable to insurance coverage, provided retirants and beneficiaries to the extent not paid by deductions from the pensions of retirants and beneficiaries. Such payment shall be made only in those fiscal years authorized by 185 § 2-293 ATLANTIC BEACH CODE specific resolution of the city commission. Payments shall be charged to the unencumbered 111 balance in the reserve for undistributed investment income. If the unencumbered balance be insufficient, the deficiency shall be charged to the reserve for employer contributions. (Ord. No. 58-75-4, § 33, 12-22-75) Sec. 2-294. Method of making payments. All payments under this division shall be made according to the provisions of the City Charter and city ordinances governing the disbursement of city monies. No payment shall be made that has not been authorized by a specific or continuing resolution of the board of trustees. (Ord. No. 58-75-4, § 34, 12-22-75) Sec. 2-295. Assignments prohibited. The right of a person to a pension, any optional benefit, and any other right accrued or accruing to any person under the provisions of this division, and any monies and assets belonging to the retirement system, shall not be subject to execution, garnishment, attach- ment,the operation of bankruptcy or insolvency law, or any other process of law whatsoever, and shall be unassignable except as is specifically provided in this division. If a member is covered under a group insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of trustees to 11111 deduct required payments to continue coverage under the group insurance or prepayment plan. The city shall have the right of setoff for any claim arising from embezzlement by or fraud of a member,retirant or beneficiary. (Ord. No. 58-75-4, § 35, 12-22-75) Sec. 2-296. Errors. Should any change in the records result in any member,retirant or beneficiary being paid from the retirement system more or less than would have been paid had the records been correct;the board of trustees shall correct the error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid. _ (Ord. No. 58-75-4, § 36, 12-22-75) Sec. 2-297. Protection against fraud. Whoever with intent to deceive shall make any statements and/or reports required under this division which are untrue,or shall falsify or permit to be falsified any record or records of the retirement system,or who shall otherwise violate,with intent to deceive,any of the terms or provisions of this division, shall be guilty of a city offense. (Ord. No. 58-75-4, § 37, 12-22-75) Secs. 2-298-2-310. Reserved. 11111 186 ADMINISTRATION § 2-314 41) ARTICLE VII. FINANCE* DIVISION 1. GENERALLY Sec. 2-311. Fiscal year. 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) 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 revision. The city manager shall authorize all expenditures for the offices, departments and agen- cies 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 expendi- tures in excess of such income. 1111 (Laws of Fla., Ch. 57-1126, § 65) Sec. 2-313. Transfers of appropriations. The city manager may at any time transfer any unencumbered appropriation balance, or portion thereof, between general classifications of expenditures within an office, department or agency. At the request of the city manager, the city commission by resolution may at any time transfer any unencumbered appropriation balance, or portion thereof, from one office, department or agency to another office, department or agency. (Laws of Fla., Ch. 57-1126, § 66; Laws of Fla., Ch. 61-1863) Sec. 2-314. When contracts and expenditures prohibited. No officer, department or agency shall, during any budget year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated *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 indebted- ness 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 4110 borrowing, F.S. § 166.101 et seq.; financial matters pertaining to political subdivisions, F.S. Ch. 218. 187 § 2-314 ATLANTIC BEACH CODE pursuant to this Code. Any contract,verbal or written, made in violation of this Code shall be 111 null and void. Any officer or employee of the city who shall violate this section shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to hold his office or employment. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for services for a period exceeding the budget year in which the contract is made, when the contract is permitted by law. (Laws of Fla., Ch. 57-1126, § 67) Sec. 2-315. Lapse of appropriations. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended. (Laws of Fla., Ch. 57-1126, § 68) Sec. 2-316. Fees shall be paid to city government. All fees received by an officer or employee shall belong to the city government and shall be paid daily to the city treasury. (Laws.of Fla., Ch. 57-1126, § 69) Sec. 2-317. Dishonored checks. The director of finance shall add a ten-dollar service fee to the amount due on any check, draft or other order for the payment of money in payment of any licenses, fees, taxes, utility charges,commissions or charges of any sort authorized to be made under the laws of the state and this Code or other ordinances of the city and deposited in the city treasury as provided by law,which may be returned unpaid for any reason by the bank or other payor upon which the check shall have been drawn. The service fee for the collection of a dishonored check, draft or other order for the payment of money to the city shall be in addition to all other penalties, remedies and circumstances imposed by law. (Code 1970, § 14-2.1) Secs. 2-318-2-330. Reserved. DIVISION 2. PURCHASING Sec. 2-331. Bids—When required. All supplies and contractual services, except as otherwise provided in this division,when the estimated cost thereof shall exceed two thousand five hundred dollars($2,500.00),shall be purchased by formal, written contract from the lowest responsible bidder after due notice inviting proposals. (Ord. No. 5-83-12, § 2, 2-13-84) Sec. 2-332. Same—Notices inviting. Notice of inviting bids shall be published once in at least one (1) newspaper of general circulation at least five (5) days preceding the last day set for the receipt of proposals. The 188 ADMINISTRATION § 2-335 11110 notice shall include a briefdescription of the services or supplies and shall state where bidding information may be secured and the time and place of opening bids. (,Ord.Noy.5-83-12 § 2 2=13-84) Sec. 2-333. Same—Deposits or bonds. Bid deposits or bid bonds shall be required on all public works contracts with the dollar amount in excess of two thousand five hundred dollars ($2,500.00) except for maintenance contracts. When bid bonds or bid deposits are required,the requirement shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety pursuant to the requirements set forth in the public notice inviting bids.Further, a successful bidder may be required to forfeit any surety required by the city upon failure on the bidder's part to enter a contract within ten(10) days after the award of the contract or as is otherwise required in the bidding documents. (Ord. No. 5-83-12, § 2, 2-13-84) Sec. 2-334. Same—Opening procedure. Bids shall be submitted sealed to the city manager and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. Tabulation of all bids received shall be available for public inspection and shall be furnished to all bidders upon request. 411P (Ord. No. 5-83-12, § 2, 2-13-84) Sec. 2-335. Same—Award of contract. (a) Lowest responsible bidder. Contract shall be awarded to the lowest responsible bidder. In determining the lowest responsible bidder, in addition to price, the city commission shall consider: (1) The ability, capacity and skill of the bidder to perform the contract or provide the service required; (2) Whether the bidder can perform the contract or provide the service promptly, or within the time specified,without delay or interference; (3) The character,integrity,reputation,judgment,experience and efficiency of the bidder; (4) The quality of performance of previous contract or services; (5) The previous and existing compliance by the bidder with laws and ordinances relat- ing to the contract or service; (6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (7) The quality, availability and adaptability of the supplies or contractual services to the particular use required; (8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. 189 § 2-335 ATLANTIC BEACH CODE (b) Tie bids. If all bids received are for the same total amount or unit price, quality and 111 service being equal,then the contract shall be awarded to one of the bidders by drawing lots in public. (c) Performance and labor and material payment bonds. The city manager shall require a performance bond and a labor and material payment bond before entering a contract for a public improvement as required by Florida Statutes. (Ord. No. 5-83-12, § 2, 2-13-84) Sec. 2-336. Same—Exceptions. The formal bid procedure as defined in this division is not required in the following cases: (1) When the city commission, by a vote of the majority of those members present, waives a formal bid procedure; (2) -When the goods or services to be procured are procurable from only one source, such as contracts for telephone service, electrical energy and other public utility services; books,pamphlets,periodicals, specifically designed business and research equipment and related supplies; (3) Where the services required are for professional, artistic skills or insurance, pursu- ant to a written contract; (4) In emergencies involving public health, safety or where immediate expenditure is necessary for repairs to city property in order to protect against further loss of or damage to the city property to prevent or minimize serious destruction of city services; (5) Contracts for the maintenance or servicing of equipment which are made with the manufacturer or authorized service agent of equipment when the maintenance or servicing can best be performed by the manufacturer or authorized service agent where such a contract would otherwise be advantageous to the city; (6) When the goods or services are procured from their governmental agencies or their contracts; (7) Purchase,and contracts for the use or purchase of data processing equipment or data processing systems software and reproduction equipment. (Ord. No. 5-83-12, § 2,2=13-84) Sec. 2-337. Open market procedures. All purchases of supplies and contractual services of less than the estimated value of two thousand five hundred dollars ($2,500.00)may be made in the open market without newspa- per advertisement and without observing the procedure prescribed by section 2-331 et seq.for the award of formal contracts. The city manager shall keep a record of all open market orders and orders for the purchase of supplies and services in accordance with the Public Records Act of the state and generally accepted accounting internal control procedures. (Ord. No. 5-83-12, § 3, 2-13-84) 190 ADMINISTRATION § 2-356 • Sec. 2-338. Scope of purchasing authority. The city manager shall have the authority to: (1) Award contracts within the purview of this division.Provided,that no purchase order or contract for an amount in excess of two thousand five hundred dollars($2,500.00) be executed without city commission approval unless there is an emergency involv- ing public health, safety or where immediate expenditure is necessary for repairs to city property in order to protect against further loss of or damage to the city property to prevent or minimize serious destruction of city property to prevent or minimize serious destruction of city services. In that event, the city manager shall report the action taken and expense incurred to the city commission; (2) Prepare purchase procedures necessary for the function of purchasing; (3) Act or procure for the city the highest quality in supplies and contractual services at least expense to the city; (4) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales; (5) Establish all rules and regulations authorized by this division and any others neces- sary to its operation; • (6) Prescribe and maintain such forms as he shall find reasonably necessary to the operation of this division; (7) Prepare and adopt standard purchasing nomenclature for using agencies and suppliers; (8) Exploit the possibilities of buying in bulk so as to take full advantage of discounts; (9) Sign on behalf of the city any contract authorized by the city commission, excepting where the city commission directs that some other officer or officers shall do so. (Ord. No. 5-83-12, § 4, 2-13-84) Sec. 2-339. Payments. Upon receipt of an invoice, confirmed by an approved purchase order and proof that the materials, supplies or equipment have been received or work completed, the director of finance shall pay such indebtedness, taking advantage of all discounts allowed. (Code 1970, § 8-10) Secs. 2-340-2-355. Reserved. DIVISION 3. UNIFORM TRAVEL POLICY AND PROCEDURE* Sec. 2-356. Definitions. For the purpose of this division,the following words shall have the meanings indicated in this section: 4110 *State law reference—Per diem and traveling expenses of public officers,employers and authorized persons, F.S. § 112.061. 191 § 2-356 ATLANTIC BEACH CODE Authorized individual shall mean a person, other than a public officer or employee, as defined in this section, whether elected or not, who is authorized by an agency head to incur travel expenses in the performance of his duties; including but not limited to, consultants or advisors performing services on behalf of the city and persons who are candidates for execu- tive or professional positions. Common carrier shall mean a train,bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. Public employee shall mean an individual other than an officer who is working in a regular or full-time position for the city and is responsible to the city manager. Public officer shall mean an individual, either elected or appointed,who hi the performance of his official duties, is vested by law with powers of government. (Ord. No. 5-83-11, § 1, 1-9-84) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 2-357. Authority to incur travel and business expenses. If a member of the city commission or the city manager finds it necessary to incur travel and business expenses, and when the expenses are within the intent of the adopted budget, the expenditures are authorized. All travel and business expenses by public employees must be authorized by the city manager. 41) (1) Traveling expenses shall be limited to those expenses necessarily incurred by the traveler in the performance of duties related to the functions and responsibilities of the city. (2) Traveling expenses of prospective employees for the sale purpose of taking merit system or other job placement examinations, interviews, etc., may be authorized by the city commission or city manager. (3) Business expenses shall apply to those expenditures which are incurred in the per- formance of the public purpose to be performed,including meetings with governmen- tal officials, seminars and training programs, pickup and delivery of parts and equipment, recruitment of personnel or industry, community promotion, and any other related activities essential to the performance of the public purpose. (Ord. No. 5-83-11, § 2, 1-9-84) Sec. 2-358. Funding. • (a) All travel must have prior authorization through the completion of a travel authoriza- tion form showing the itinerary, the source of funding and whether or not a travel advance is needed. (b) Travel advances may be issued to authorized persons or individuals prior to departure on an authorized trip. The cash amount will be based on a schedule commensurate with the 192 ADMINISTRATION § 2-361 known expenses as stated in the travel authorization. All travel reservations for a common carrier must be made by the city manager or his authorized representative, except during emergencies during off-working-hours situations or if the return flight has to be changed or cannot be scheduled. If common carrier tickets are necessary,issuance of such tickets shall be made only upon receipt of a travel authorization with proper approval signatures.The author- ' ized traveler receiving a travel advance must keep a record of all travel expenses and report the same. If an authorized travel advance is less than the approved actual expenses, the difference will be paid to the traveler. If the travel advance is greater than the actual or allowed travel expense, then the difference shall be reimbursed to the city within thirty (30) days after return of traveler. (Ord. No. 5-83-11, § 3, 1-9-84) Sec. 2-359. Expense forms and regulations. The city manager shall provide forms for travel requests, expenses and reimbursements and mileage allowances, where applicable, and prescribe such regulations as are reasonably necessary to effectuate the purpose of this division. The director of finance shall cause requests for travel expenses and reimbursements to be verified before payment is made. (Ord. No. 5-83-11, § 4, 1-9-84) 110 Sec. 2-360. Schedule for meal allowance and accommodations. For purposes of reimbursements,the allowance for meals will be based upon the following schedule where each period covered must be of three(3)hours' duration or longer to be valid: (1) Breakfast allowance will be made when travel begins before 6:00 a.m. and extends beyond 8:00 a.m. (2) Lunch allowance will be made when travel begins before 12:00 noon and extends beyond 2:00 p.m. (3) Dinner allowance will be made when travel begins before 6:00 p.m. and extends beyond 8:00 p.m., or when travel appears during night-time hours due to special assignment. (4) Hotel or accommodation allowance will be made when travel extends overnight and requires lodging not within Duval County. (5) No expenses in Duval County shall be reimbursed unless approved by the city manager. (Ord. No. 5-83-11, § 5, 1-9-84) Sec. 2-361. Subsistence. (a) When the period of travel conforms to the schedule of allowances in section 2-360 above, all authorized travelers may be allowed subsistence when traveling to a convention, conference, seminar, activity or on city-related business which serves a direct public purpose. 193 § 2-361 ATLANTIC BEACH CODE (b) Subsistence will consist of the basic travel allowance for meals as listed below and actual hotel or accommodation charges when the period of travel extends overnight: Meal Allowance Breakfast $ 3.00 Lunch 6.00 Dinner 12.00 Actual meal charges may be reimbursed if accompanied by a receipt and justification for incurring the additional cost. Hotel or accommodation charges must be single occupancy rate and substantiated by receipt. (c) Tips and gratuities are included in the basic travel allowance for meals. When actual meal charges are reimbursed, fifteen(15)percent may be added to the meal charges provided the cost is stated on the receipt. (Ord. No. 5-83-11, § 6, 1-9-84) Sec. 2-362. Transportation. (a) All travel must be in a convenient and mainly traveled route.If a person travels by an indirect route for his convenience, any extra cost shall be borne by the traveler. Reimburse- ment for expenses shall be made accordingly. (b) If a privately owned vehicle is used for travel, the vehicle owner shall be entitled to a mileage rate as established by the city commission from time to time. (c) Transportation by a common carrier which has not been prepaid and for which the authorized traveler seeks reimbursement must be substantiated by an official receipt from the common carrier. (d) Transportation by charter vehicles may be authorized when it is determined to be the most economical method of travel,when considering the nature of the business,the number of . people making the trip,and the most efficient and economical means of travel(considering the time of the traveler, cost of transportation and subsistence required). (Ord. No. 5-83-11, § 7, 1-9-84) Sec. 2-363. Authorized travel. (a) Travelers shall not be allowed either mileage or transportation expenses when they are transported gratuitously by another person or when they are transported by another authorized traveler who is entitled to mileage or transportation expense. (b) Reimbursement for expenditures related to the operation, maintenance, depreciation and ownership of a vehicle shall not be allowed when a privately owned vehicle is used on public business and mileage allowance is paid. (c) The city manager may permit an authorized traveler to regularly, on a monthly basis, use a privately owned vehicle on city business. In these instances, the traveler must submit a 194 ADMINISTRATION § 2-366 • monthly log of the actual miles traveled and a monthly request for reimbursement. Travel occurring outside county or travel in conjunction with the authorized traveler receiving reimbursement for meals and lodging expense or for travel to and from home shall not be included in the log. (Ord. No. 5-83-11, § 8, 1-9-84) Sec. 2-364. Reimbursable incidental expenses. An authorized traveler may be reimbursed for incidental travel expenses incurred during the course of travel. These incidental travel expenses include but are not limited to the following: (1) Taxi,ferry and airport limousine fares; (2) Bridge, road and tunnel tolls; (3) Storage and parking fees; (4) Telephone and telegraph charges relating to city business; (5) Registration, convention or tuition fees not prepaid by the city. (Ord. No. 5-83-11, § 9, 1-9-84) Sec. 2-365. Auditing. • A travel expense report or voucher as developed by the city manager shall be submitted to the director of finance within thirty (30) days after the travel expense. Each approved travel expense report will be audited by the director of finance when received. (Ord. No. 5-83-11, § 10, 1-9-84) Sec. 2-366. Fraudulent claims. Claims submitted pursuant to this division shall be signed by the authorized traveler and shall be verified by a written declaration that it is true and correct as to every material matter. Any individual who makes or aides in the making of a false or fraudulent claim shall be guilty of a violation against the city and upon conviction thereof shall be punished as provided by section 1-11 or in the city's personnel rules and regulations. In addition, any person who received a travel allowance, advance or reimbursement by means of a false claim shall be civilly liable for the repayment of the amount into the public fund from which the claim was paid. (Ord. No. 5-83-11, § 11, 1-9-84) [The next page is 245] 195 110 Chapter 3 ALCOHOLIC BEVERAGES* See..'3-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the mean- ings respectively ascribed to them by this section. Alcoholic beverage license shall mean that license issued to a person or location by the state division of alcoholic beverages and tobacco of the department of business regulations. All other words used in this chapter shall be as defined in The Beverage Law (F.S. Chs. 561-568). (Ord. No. 10-80-13, § 3-1, 4-28-80) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 3-2. Hours of sale. It shall be unlawful for any person licensed to sell alcoholic beverages in the city to sell, offer for sale, serve, give away, dispense or dispose of alcoholic beverages or permit the same to be consumed upon his premises,between the hours of 2:00 a.m. on Christmas Day and 7:00 a.m. on the day following Christmas Day, and between the hours of 2:00 a.m. on Sundays and 1:00 p.m. on Sundays, except that a restaurant holding a valid and current beverage license may, beginning at 10:00 a.m. on Sundays, serve for consumption on premises only, cham- pagne or beer, provided that champagne or beer may only be served with a meal, this being commonly known as a champagne brunch, and between the hours of 2:00 a.m. and 7:00 a.m. on all other days. The premises in which any of the alcoholic beverages are kept, except such premises as are primarily used and conducted as grocery stores, markets or primarily for the sale and serving of prepared foods for consumption thereon shall be securely closed during such hours, and no person shall be permitted therein during such hours for any purpose whatsoever, except to clean up the premises or to perform necessary functions for closing the establishment. (Code 1970, § 3-1; Ord. No. 10-80-13, § 3-2, 4-28-80; Ord. No. 10-83-15, § 1, 2-14-83) State law reference—Authority to regulate hours of sale, F.S. §§ 562.14(1), 562.45(2). Sec. 3-3. Persons not holding licenses to sell. It shall be unlawful for any person operating for profit, but not licensed to sell alcoholic beverages in the city, to serve, give away or dispense alcoholic beverages or permit the same to be consumed upon his premises between the hours of 2:00 a.m. on Christmas Day and 7:00 a.m. on the day following Christmas Day, and between the hours of 2:00 a.m. on Sundays and 1:00 p.m. on Sundays, and between the hours of 2:00 a.m. and 7:00 a.m. on all other days. Ask (Code 1970, § 3-2; Ord. No. 10-80-13, § 3-3, 4-28-80) *State law reference—Liquors and beverages, F.S. § 561.01 et seq. 245 § 3-4 ATLANTIC BEACH CODE • Sec. 3-4. Premises where sales permitted. Sales of alcoholic beverages are permitted on the following premises: (1) The premises commonly known as Le Chateau; (2) The clubhouse site and pro shop site of the Selva Marina Country Club; (3) The premises commonly known as the Sea Turtle; (4) The premises located and fronting on Atlantic Boulevard from a point two hundred (200)feet east of the center line of a street designated Sylvan Drive, west to the city limits; (5) All premises located and fronting on the Mayport Road and in compliance with chapter 24; (6) The premises commonly known as Letizia's Italian Restaurant so long as the sale for consumption on premises of alcoholic beverages is incidental to the sale of food. (Code 1970, § 3-3; Ord. No. 10-80-13, § 3-4, 4-28-80) State law reference—Authority to regulate location of alcoholic beverage establish- ments, F.S. § 562.45(2). Sec. 3-5. Locations where on-premises sales prohibited. No vendor of alcoholic beverages containing alcohol of not more than fourteen(14)percent by weight and wines, regardless of alcoholic content, for consumption on premises, shall be permitted to conduct his place of business in the CG zone east of a line two hundred(200)feet east and parallel to the center line of a street designated as Sylvan Drive,unless such place of business is a restaurant or delicatessen and the sale of beer and wine is incidental to the sale of food. (Code 1970, § 3-4; Ord. No. 10-80-13, § 3-5, 4-28-80) State law reference—Authority to regulate location of alcoholic beverage establish- ments,F.S. § 562.45(2). Sec. 3-6. Restrictions on location of establishments. (a) Notwithstanding the provisions of this chapter, no location shall be approved for an alcoholic beverage license, whether for on-or off-premises consumption, unless the location is not less than: (1) One thousand five hundred(1,500)feet from any other location where there exists a current alcoholic beverage license; or (2) One thousand five hundred(1,500)feet from any established school or church. (b) The foregoing provisions of this section shall not apply to any restaurant ("restau- rant" is defined for purpose of this section as being an enterprise involved solely in the preparation, and serving of food within the physical confines of that establishment) which 246 ALCOHOLIC BEVERAGES § 3-9 • derives not less than fifty (50) percent of gross income from the sale of food prepared, and - served on the premises, provided that such a restaurant with a beverage license permitting consumption on the premises of alcoholic beverages including liquor(hard liquor)shall have a seating capacity of not less than one hundred fifty(150)seats and overall floor area of not less than three thousand (3,000) square feet; nor shall the foregoing provisions of this section apply to grocery stores or drugstores licensed to sell alcoholic beverages for off-premises consumption only. (Ord. No. 90-82-73, § 1, 7-28-82; Ord. No. 10-82-14, § 1, 1-24-83) State law reference—Authority to regulate location of alcoholic beverage establish- ments,F.S. § 562.45(2). Sec. 3-7. Measurement of distances. All distances provided in this chapter shall be measured as follows: (1) With respect to the distance between a location for which an alcoholic beverage license is proposed and a location where such a license exists, the distance shall be measured by following a straight line from the nearest point of the building or portion of a building which is the proposed license premises to the nearest point of the building or portion of a building which is the existing licensed premises. (2) With respect to the distance between a location for which an alcoholic beverage license is proposed and an established church or school, the distance shall be mea- . sured by following a straight line from the nearest point of the building or portion of a building to be used as a part of the proposed location to the nearest point of the grounds contiguous to and a part of the church or school facilities. (Ord. No. 10-80-13, § 3-7,4-28-80) Sec. 3-8. Conditions of existing establishments. (a) Establishments in locations presently-open for business and where a current valid alcoholic beverage license existed on April 28, 1980, shall not in any manner be affected by this chapter, nor shall any right of renewal_of such licenses be altered or changed by the distance limitations or any other provision of this chapter. (b) Notwithstanding the limitations of this chapter, any location shall be approved for an alcoholic beverage license if in compliance with the zoning code and the license is being transferred or moved from a location where a current valid license existed prior to April 28, 1980 nor shall the number of times the license may be transferred or moved be limited so long as each new location meets the requirements of this chapter with respect to locations of churches, schools or existing alcoholic beverage licenses. (Ord. No. 10-80-13, § 3-8,4-28-80) Sec. 3-9. Lighting requirements on premises. Each vendor licensed to sell alcoholic beverages in the city,during all times his premises are open for business or in which members of the public are admitted,shall maintain not less than five(5)footcandles of light in all parts of his premises to which members of the public are 247 § 3-9 ATLANTIC BEACH CODE admitted and where the sale of the beverages is made or the beverages dispensedor con • - sumed. It shall be unlawful for any such vendor to sell, offer for sale, serve or dispense or permit to be consumed any alcoholic beverages upon part of his premises unless the same is then and there lighted with not less than five(5)footcandles of light. (Code 1970, § 3-5; Ord. No. 10-80-13, § 3-9,4-28-80) Sec. 3-10. Playing of musical or noise-producing equipment outside of buildings pro- hibited. It shall be unlawful for any vendor of alcoholic beverages to install, maintain, harbor or play in any manner at a physical location outside of any building comprising the whole or any part of the vendor's business premises any musical or noise-producing instrument, public address or loudspeaker equipment,or any portion thereof,whatsoever. (Code 1970, § 3-6; Ord. No. 10-80-13, § 3-10,4-28-80) Cross reference—Use of noise-producing instruments outdoors on own premises, § 11-3. Sec. 3-11. Consumption on vendor's premises. It shall be unlawful for any person to consume any alcoholic beverages on the premises of any licensed vendor except within: (1) The building which is the address of the licensed vendor; or (2) Within a recreation area contiguous to the building, and maintained and controlled by the licensed vendor exclusively for recreational purposes including but not limited to golf facilities,tennis facilities,swimming facilities,or other recreational purposes. (Code 1970, § 3-7; Ord. No. 10-80-13, § 3-11, 4-28-80) Sec. 3-12. Consumption,,possessionof open container upon public property. It shall be unlawful for any person to consume alcoholic beverages upon the public properties within the city, or for any person to be in possession of an open container of an alcoholic. beverage upon the public properties within the city. Such public property shall include,but not be limited to,roads, streets, highways,parks and the ocean beach. (Code 1970, § 3-8) [The next page is 299] 248 Chapter 4 ANIMALS* Art. I. In General, §§ 4-1-4-20 Art. II. Dogs and Cats, §§ 4-21-4-29 ARTICLE I. IN GENERAL Sec. 4-1. Appointment of animal control officer. The city manager may appoint and employ a suitable person as the official animal control officer for the city, and shall cooperate with the Jacksonville Animal Control, county health officer and the city or county rabies control program. (Code 1970, § 4-6(a)) Sec. 4-2. Interfering with officers. No person shall interfere with, hinder or molest any police officer, health officer or impounding officer in the performance of any duty required by the provisions of this chapter. (Code 1970, § 4-6(b)) Sec. 4-3. Animal shelter or impounding vehicles; breaking open fences, etc., of; re- moval of animals. No person shall break open or assist in the breaking open of any of the fences, gates, fastenings or enclosures of the animal shelter or impounding vehicles and no unauthorized person shall remove or let loose any animal from the shelter or impounding vehicles. (Code 1970, § 4-6(c)) Sec. 44. City designated bird sanctuary; shooting, molesting, etc., of birds prohibit- ed;exception. (a) The entire area embraced within the city is hereby designated as a bird sanctuary. (b) It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property, in the opinion of the proper health *Cross references—Riding of animals in beach safety zone, § 5-17; occupational license 4110 tax on kennels, § 20-59. State law reference—Game and freshwater fish,F.S. Ch. 372. 299 AB 1358 § 4-4 ATLANTIC BEACH CODE authorities of the city, then the health authorities shall meet with representatives of the Audubon Society, bird club, garden club or humane society, or as many of the clubs as are found to exist in the city, after having given at least three (3) days' actual notice of the time and place of the meeting to the representatives of the clubs. (c) If as a result of the meeting no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such numbers and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police of the city. (Code 1970, § 4-1) Sec. 4-5. Cruelty to animals. (a) It shall be unlawful for any person to overload, overdrive,torture,torment or deprive of necessary sustenance, food or drink, or unnecessarily or cruelly beat, mutilate or kill any animal or cause or permit either of such offenses to be committed. (b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or injure any animal which is the property of another or willfully and maliciously administer poison to any animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal which is the property of another. (c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon any animal within the limits of the city. (Code 1970, § 4-7(a)) State law reference—Cruelty to animals, F.S. Ch. 828. Sec. 4-6. Nuisance animals. Any animal or fowl which persistently makes noises or otherwise conducts itself in a manner which unduly excites and generally annoys citizens of the city is hereby declared to be a nuisance injurious to the public peace, order and welfare, and any person found guilty of keeping, maintaining or aiding and abetting in the keeping or maintaining of any such nuisance within the city,after three(3)days'notice from the city manager or any police officer of the city to abate the same shall be punished as provided in this Code. (Code 1970, § 4-7(d)) Cross references—Animal or bird noises, § 11-9; nuisances generally, Ch. 12. Sec. 4-7. Maintaining stables;keeping of hogs. (a) No stable or premises may be maintained in the city for the housing and keeping of horses, mules, cows, cattle,hogs, chickens or poultry. (b) It shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city. (Code 1970, § 4-7(e), (0) Sec. 4-8. Removal and disposal of dead animals. Whenever any animal shall die within the corporate limits of the city the owner of the 300 AB 1359 ANIMALS § 4-22 animal shall cause the dead body thereof to be removed outside of the city limits and disposed of as directed by the city manager. (Code 1970, § 4-7(h)) Secs. 4-9-4-20. Reserved. • ARTICLE II. DOGS AND CATS* Sec. 4-21. Definitions. For the purposes of this article,the following words and phrases shall have the meanings respectively ascribed to them by this section: • Cat shall mean all domestic felines. Dog shall mean all members of the canine family including pet foxes, wolves, etc. Owner shall mean any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in care or in custody. Vaccination against rabies shall mean the proper administration of antirabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. (Code 1970, § 4-2) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 4-22. Registration and tagging required. (a) No dogs or cats shall be owned or kept in the city unless properly registered and tagged as provided in this section. (b) The registrar of dogs and cats shall require, prerequisite to registration, proof show- ing that the dog and cat has been inoculated against rabies within one (1)year immediately - prior to any application for registration. The certificate of a veterinarian, licensed to practice veterinary medicine and surgery by the state board of veterinary medicine, shall be accepted as conclusive evidence to the fact and time of the inoculation. (c) No person shall be allowed to keep any dog over three (3) months of age or cat over four(4)months of age in the city unless the person shall first register the animal with the city and purchase from the city an identification tag for each animal for the sum of two dollars ($2.00)per annum.The tag is to be attached to the animal's collar and worn continuously.The city shall upon issuance of the tag,make a record of the name and address of the owner of the animal, the number of the tag, and physical description of the animal, and the date the tag was issued.The tags shall be numbered and issued in regular sequence.Licenses shall be due and payable the first day of July of each year. (Code 1970, § 4-3) *State law references—Right to be accompanied by dog guides in public accommoda- tions,F.S. § 413.08; damage by dogs,F.S. Ch. 767. 301 rAB 1360 § 4-23 ATLANTIC BEACH CODE Sec. 4-23. Impoundment. 4110 Any unregistered dog or cat found in the city shall be picked up by the city or the designated authorized agent of the city and placedin a shelter for a period not to exceed seven (7) days. The owner must comply with the tag requirement before the dog or cat is released. The registration fee for unregistered dogs or cats that have been picked up shall be double the. fee in effect on the date the dog or cat is picked up. (Code 1970, § 4-4(a)) Sec. 4-24. Running at large. It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to commit.a nuisance or be found running at large on any of the public streets, parks, play- grounds,alleys,beaches or vacant lots in the city and such dog or cat shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period not to exceed seven(7)days. (Code 1970, § 4-4(b)) Sec. 4-25. Leashing. No dog muzzled,unmuzzled or inoculated against rabies shall be allowed in public places such as hotels, theaters, streets, the beach or upon property other than that of its owner, unless the dog shall be fastened to a suitable leash of dependable strength not to exceed eight (8)feet in length. (Code 1970, § 4-4(c)) Sec. 4-26. Damaging property. (a) It shall be unlawful for any person who shall own or be in control of or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another and damage the property. (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. (Code 1970, § 4-4(d)) . State law reference—Damage by dogs,F.S. Ch. 767. Sec. 4-27. Disturbing the peace. It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof,to keep any dogs or cats within the limits of the city which bark or howl so as to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise provided by state law. (Code 1970, § 4-4(e)) 4110 302 ( AB 1361 ANIMALS: § 4-29' 4110 Sec. 4-28. Vicious dogs.. It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of thecity without being,properly muzzled. Any dog known to have bitten any person is hereby defined'as a "vicious dog"but the terra"vicious,dog"'shall not be limited to only those dogs who are,known to have bitten any person.. (Code 1970, § 4-5(0 Sec. 4-29. Rabies suspected.. (a) If a dog or cat is suspectedof havingrabies; or•has been bitten by a dog or cat-. suspected of having rabies, such dog: or. cat shall be confined by a chainon the owner's. premises,and the humane society or licensed veterinarian notified at once. The dog or cat shall then be:removed.to,theproper place for observation for a period of two (2)weeks at the expense of the.owner. (b) If any person is scratched or bitten by a dog or cat within the corporate limits of the city then it shall become the duty of the person or the owner of the dog or cat with knowledge thereof,to report the incident to the police department within twenty-four(24)hours thereafter. (c) Any animal reported to have bitten a person shall be kept in quarantine for such period of time and place as may be designated by the city manager for the purpose of testing the dog for disease.Any animal suspected of being infected with rabies shall be released by its owner or custodian to the city manager for laboratory analysis by a licensed veterinarian. No liability for compensation to the owner of the animal shall attach to the city by virtue of any procedure in this article by the city manager.All costs in connection with this section shall be borne by the owner of the animal. (Code 1970, § 4-5) State law reference—Authority of state department of health and rehabilitative ser- vices to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected with rabies,F.S. § 381.031(1)(g)1. [The next page is 353] 303 AB 1362 Chapter 5 BEACHES* Art. I. In General, §§ 5-1-5-15 Art. II. Safety Zone, §§ 5-16-5-18 ARTICLE I. IN GENERAL Sec. 5-1. Closing during emergencies. (a) During such times as, in the opinion of the director of public safety or, in his absence, the city manager,swimming or bathing in the Atlantic Ocean or use of the beach between the bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the safety, life and health of persons using the ocean or beach, or any condition shall exist or threaten to occur that will imperil the peace and good order of the city, the director of public • safety is authorized to close the ocean or beach or both or any part thereof and prohibit all swimming or bathing in the ocean or use of the beach or both in any manner, and require all persons thereon forthwith to remove themselves therefrom, or any part thereof, until the ocean,beach or dangerous areas are considered safe again for use. (b) It shall be unlawful for any person to knowingly use or refuse, when ordered, to remove themselves from any area which has been closed by the director of public safety. (Code 1970, § 5-1) Sec. 5-2. Undressing or changing clothes. It shall be unlawful for any person to undress or change his clothing upon the ocean beach within the city. (Code 1970, § 5-2) Sec. 5-3. Picnicking. It shall be unlawful for any person to have or participate in a picnic on the ocean beach within the city. (Code 1970, § 5-3) *Cross reference—Streets, sidewalks and other public places, Ch. 19. State law references—Beach and Shore Preservation Act, F.S. Ch. 161; tidal lands and bulkheads, F.S. § 253.12 et seq.; deposit of material in tidewater regulated, F.S. § 309.01; 410 Florida Boat Registration and Safety Law, F.S. Ch. 327; oceanography, conservation and geology,F.S. Ch. 369 et seq. 353 AB 1363 § 5-4 ATLANTIC BEACH CODE Sec. 5-4. Uttering. 110 It shall be unlawful for any person to leave any paper,glass,cans,food,fish,crab or other type of refuse upon the beach in the city. (Code 1970, § 5-4) Cross reference—Refuse and garbage generally, Ch. 16. State law reference—Litter law, F.S. § 403.413. Sec. 5-5. Surfboards. It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent to the beach within the corporate limits of the city at any time and at any location unless the surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free end of which must be securely boundto either the ankle or wrist of the surfer. (Ord. No. 95-82-25, § 1, 4-26-82) Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities. It shall be unlawful for any person to park a sailboat or catamaran on the beach in any manner which will obstruct the view of lifeguards performing lifeguard activities. Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach. It shall be unlawful for any person to operate any motorized boat or other motorized apparatus within two hundred(200)feet of the beach. Secs. 5-8-5-15. Reserved. ARTICLE II. SAFETY ZONE Sec. 5-16. Establishment;hours and period of use. During the entire period from 8:00 a.m. and 7:00 p.m. of each day, beginning May first and continuing to and including September thirtieth in each year, all of that area of the ocean beach within the city lying southerly of the prolongation easterly of the northerly line of the seawall to the low water mark of the Atlantic Ocean and northerly of the prolongation easterly to the low water mark of the northerly line of lot 5, block 36, Atlantic Beach, according to the plat recorded in plat book 5, page 69 of the current public records of the county, is established as a safety zone for the use of persons engaged in bathing, sunbathing, games,fishing and similar recreational activities. (Code 1970,.§,5-5) Sec. 5-17. Use of vehicles and riding of animals prohibited. It shall be unlawful for any person to propel,operate or drive any power driven vehicle or any vehicle drawn by a draft animal or to ride any animal at any time within the hours between 8:00 a.m. and 7:00 p.m. on any day beginning May first and continuing to and • 354 AB 1364 BEACHES § 5-18 • including September thirtieth of each year within that area of the ocean beach specified in section 5-16. (Code 1970, § 5-6) Cross references—Animals generally, Ch. 4; traffic and motor vehicles, Ch. 21. Sec- 5-18. Barricades. The city manager shall erect and maintain at all times during the hours and period specified in section 5-16 suitable obstructions or barricades along the northerly and southerly lives of the area described in section 5-16 to prevent the entry therein of vehicles and other t:affic prohibited by this article. (Code 1970, § 5-7) • [The next page is 405] 355 AB 1365 Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Art. I. In General, §§ 6-1-6-15 Art. II. Building Code, §§ 6-16-6-30 Art. III. Electrical Code, §§ 6-31-6-55 Art. IV. Plumbing Code, §§ 6-56-6-75 Art. V. Mechanical Code, §§ 6-76-6-90 Art. VI. Swimming Pool Code, §§ 6-91-6-105 Art. VII. Numbering of Buildings, §§ 6-106-6-111 ARTICLE I. IN GENERAL Secs. 6-1-6-15. Reserved. ARTICLE IL BUILDING CODEt 111) Sec. 6-16. Adoption. There is hereby adopted, subject to the modifications, changes and amendments set forth in this article, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the Standard Building Code, 1982 edition with 1983 revisions, published by the Southern Building Code Congress International, Inc., and the whole thereof, including Appendix K, Recommended Schedule of Permit Fees, except such portions as are deleted, modified or amended by this article, of which not less than three(3)copies have been and are now filed in the office of the city clerk, and the same is adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. (Code 1970, § 6-8) *Cross references—Fire prevention and protection, Ch. 7; flood hazard district, Ch. 8; mobile homes and recreation vehicles, Ch. 10; building operations at night, § 11-6; planning, Ch. 14; signs and advertising structures, Ch. 17; streets, sidewalks and other public places, Ch. 19; occupational license taxes for contractors, § 20-59; utilities, Ch. 22; zoning and subdivision regulations, Ch. 24. State law references—Building construction standards, F.S. Ch. 553; contracting, F.S. 110 Ch. 489. tState law reference--State minimum building codes, F.S. § 553.70 et seq. 405 § 6-17 ATLANTIC BEACH CODE Sec. 6-17. Amendments. • The building code adopted by section 6-16 is amended and changed in the following respects: Sections 102.1(b), 102.2 and 102.3 are hereby deleted. Section 107.41 is added to read: "107.41. No fees shall be charged for permits and inspections for construction,repair or alteration of any building work done on any property which is owned and used exclu- sively for religious, scientific,municipal, educational,literary or charitable purposes,and which property is exempt from taxes by the Constitution and laws of the State of Florida." Section 111.1 is amended to read: "111.1.There is hereby established in the city a board to be called the board of adjust- ments and appeals, which shall consist of five(5)members and who shall be appointed by the city commission." Section 114 is hereby,deleted. Section:3001.1 is amended by adding the following: The fire district shall include all that certain territory of the city embraced within commercial CL, CG, CI and ILW districts, as the same are now or may hereafter be 'established by chapter 24 of the Code of Ordinances of the City of Atlantic Beach,Florida. Section 705.1(a)—(e) is hereby deleted. Section 705.1(f) is hereby added to read: "705.1(f) In combustible roof construction, where ceilings or concealed spaces occur, such spaces shall be divided into horizontal areas of not more than the living or business unit therein with tight partitions of noncombustible material or of approved wood con- struction consisting of one inch nominal lumber with joints broken. The concealed space partition shall be perpendicularand in line with the division partition of all units within the building." Section 706.7 is hereby amended to add the following: "Roofs shall be installed in accordance with the manufacturer's specifications.All roofs shall have a suitable metal eave drip. All nails and exterior metal shall be galvanized or otherwise suitably corrosive resistant." Section 1302.1 is hereby amended by striking the following words: "One and two-family dwellings may not be required to have reinforced concrete foot- ings or grillage of steel." Section 1302.3 is hereby amended by adding the following: "Footings shall be continuous monolithic concrete under exterior walls,reinforced with two (2) five-eighths-inch deformed reinforcing rods for one-story buildings and three (3) 406 BUILDINGS AND BUILDING REGULATIONS § 6-17 five-eighths-inch deformed reinforcing rods for two-story buildings.Reinforcing rods shall be placed in the lower one-third of the footings, properly placed and fastened on metal saddles with wire.Footings shall be six(6)inches wider on each side than the wall above, shall be at least eight(8)inches thick and shall rest on firm soil at least twelve(12)inches below undisturbed soil." Section 1302.5(g) is hereby, added as follows: "Foundation walls shall be continuous and piers shall not be permitted to support exterior bearing walls.. All frame superstructure above the foundation wall shall be provided with approved termite protection." Section 1404.2(c) is hereby amended by striking therefrom the figure "(6)," where the same appears in line 2 of such subsection,and substituting in lieu thereof the figure"(8)," and further by adding at the end of such section the following: "The uppermost eight (8) inches of any hollow concrete masonry wall, and the upper- most eight(8)inches of the wall of each story height, shall be reinforced concrete spandrel beam, or lintel block filled with 3,000# concrete. Two (2) one-half inch steel deformed reinforcing rods shall be used as minimum reinforcing. Reinforcing shall be increased at openings to provide necessary strength. All masonry shall be finished to provide a true and even surface for wooden structural members. Such structural members except floor joists shall be securely fastened to the concrete bearing surface with bolts(galvanized)not 110 less than one-half inch in diameter, securely embedded in the concrete, and spaced not more than four(4)feet apart. Compliance with section 1408.2 of the code is intended; and in addition thereto, the wood plate or beam (bolted to the masonry lintel or spandrel beam) shall be fastened with hurricane clips to each joist, rafter or roof truss at every point of bearing." Section 1701.3 is hereby amended by adding the following additional subsections thereto: "(a) Foundation wall vents. Space under first floor joists except in such space as is occupied by a basement or cellar, shall be provided with openings to insure ventilation. Such ventilating openings shall be proportioned on the basis of not less than one and one-half (11/2) square feet net opening for each fifteen (15) lineal feet or major fraction thereof of exterior wall.Vents shall be so placed as to provide ventilation at all points and prevent dead air pockets; they need not be placed in the front of the building. Such openings shall be screened with galvanized hardware cloth having an opening or mesh no greater than one-fourth inch square. "(b) Clearance. There shall be clearance of not less than eighteen (18) inches between the bottom of untreated wood framing and the ground beneath. "(c) Foundation sills. All masonry shall be finished to provide a true and even bearing surface for wooden structural members. Such structural members shall be securely fas- tened to the masonry or concrete bearing surface. All foundation sills shall be bolted with not less than one-half inch diameter bolts securely embedded in the masonry spaced not 4110 more than six(6)feet apart. "All wood foundation sills which are less than eighteen (18) inches above exposed unprotected ground under the building shall be a heartwood grade of a durable species, or 407 § 6-17 ATLANTIC BEACH CODE shall be pressure treated with an approved preservative. All foundation sills shall be separated from contact with foundations of unit masonry by not less than twenty-eight (28) gauge. Galvanized iron or other approved corrosion-resistant metal, or by slate or may be bedded in 1:3 cement mortar. "All sleepers imbedded in or on concrete on ground shall be pressure treated lumber or heart grade Redwood, Cedar or Tidewater Cypress." Section 1701.4 is hereby deleted. Section 1707.1(i) is hereby added as follows: "(i) Each rafter, trussed rafter or roof joist shall be fastened with a hurricane clip at every point of contact to its supporting wall plate or ceiling joist." Chapter XXIII, "Signs and Outdoor Displays," is hereby deleted. Section 2706.1 is added as follows: "Section 2706.1 Glass and plastic requirements. "(a) Windows in either wood or metal sash,having sill thirty(30)or more inches above the floor shall be glazed within the following minimum requirements: "(1) Area not over nine(9)square feet, double strength, common or sheet glass. "(2) Area over nine (9) square feet but less than eighteen (18) square feet, c/16-inch411 plate glass. "(3) Area ove: eighteen (18) square feet but not over twenty-seven (27) square feet, one-fourth inch plate glass. "(4) Area over twenty-seven (27) square feet but not over eighty-two (82) square feet, one-half inch plate glass. "(b) Windows of which sill is at or near floor level, glass doors and adjacent glass panels, which with sliding glass door crnstitute a glass door assembly, shall be of one of the following types: "(1) Approved laminated safety glass, as used in auto windshields. "(2) Approved full tempered glass not less than one-fourth inch thickness. "And where glass one-fourth inch thick of this type is used a horizontal metal mullion about waist height, must be permanently attached thereto and made part thereof. "(3) Approved one-quarter inch thick, or heavier,wired glass in which wire diameter is not less than 0.02 inch and area enclosed by wire strands is not over one and one-half(11/2)square inches. "(c) Shower enclosures, if of glass, shall be of the quality and characteristics specified in subsection(b)above. "(d) Shower and shower bath doors, other than sliding doors, shall open outward. "(e) Plastic used in fabrication of shower and shower bath enclosures, or assemblies, • shall be of one of the following types: 408 BUILDINGS AND BUILDING REGULATIONS § 6-32 "(1) Fiberglass reinforced panels of a weight not less than eight (8)pounds per square foot. "(2) Acrylic resin thermoplastic, not less than one-eighth inch thickness. "(3) High impact styrene, not less than one-eighth inch thickness. "(4) Any plastic material not specifically mentioned herein which may have been, or may be at a future date, specifically approved for such use by the Southern Build- ing Code Congress; such approval having been duly published in a regular compli- ance report of such congress." (Code 1970, § 6-10) Secs. 6-18-6-30. Reserved. ARTICLE III. ELECTRICAL CODE* Sec. 6-31. Standards for materials,installations,etc. (a) All electrical construction and all materials and appliances used in connection with the installation, maintenance and operation of electrical wiring, apparatus or equipment for light, heat or power within the city shall conform to such rules and regulations as may be embodied in this chapter or as may be adopted in this article and shall conform with approved methods of construction for safety to life or property. The regulations set out in the National Electrical Code, 1984 edition, as approved by the National Fire Protection Association, and in the National Electrical Safety Code, 1984 edition, as approved by the American National Standards Institutes, and other installations and safety regulations approved by the Ameri- can National Standards Institute, shall be prima facie evidence of the approved methods. (b) The National Electrical Code, as referred to in this section, is hereby adopted as the minimum requirements for all electrical construction and all materials and appliances used in connection with the installation,maintenance and operation of electrical wiring,apparatus or equipment for light, heat or power within the city. Sec. 6-32. Certificate of competency. (a) Every master or journeyman electrician, before carrying on his trade or business in this city,shall present to the city clerk a certificate as to his competency issued by the state or the board of examiners of electricians of the City of Jacksonville or the City of Jacksonville Beach. (b) It shall be unlawful for any person, not a certified electrician in accordance with the provisions of this section, to do any electrical construction or make any repairs, alterations, additions or changes to any existing system of electrical wiring, apparatus or equipment for light, heat or power within the city. (Code 1970, § 74) *Cross reference—Electric signs, § 17-12. State law reference—Electrical code,F.S. § 553.15 et seq. 409 § 6-33 ATLANTIC BEACH CODE Sec. 6-33. Improper use of name of licensed master electricians. No licensed master electrician shall allow his name to be improperly used by any person, directly or indirectly,either for the purpose of obtaining a permit or to do any work under his license.When the master electrician is permanently employed,he shall not allow his name to be used for the aforesaid purposes or either of them by any person whatsoever, other than his regular employer. (Code 1970, § 7-5) Sec. 6-34. Employing only certified electricians by master electricians;exception. No master electrician shall employ any person on any job in the capacity of an electrician without that person being in possession of a certificate of competency as provided for in section 6-32; provided, that nothing in this article shall be construed to prohibit the working of helpers or apprentices on any job of electrical construction when the work of the helpers or apprentices is performed under the personal supervision of a certified electrician. (Code 1970, § 7-6) Sec. 6-35. Electrical permits required;to whom issued. (a) A permit is required to do any electrical construction of any character, install any electrical wiring, apparatus or equipment or make any extensions or changes to existing systems of wiring of light, heat or power within the city, except the repairing of damaged or broken fixtures, apparatus or equipment and the ordinary work necessary for the proper 1101 maintenance of same. (b) Permits to do electrical work will be issued to master electricians who are duly qualified under the provisions of this article to engage in the trade or business of electrical construction in the city. (Code 1970, § 7-7) Sec. 6-36. Electrical inspections—By electrical inspector. All electrical inspections in this city shall be made by the building official of this city or his designated agent, referred to in this article as the city electrical inspector. (Code 1970, § 7-8) Sec. 6-37. Same—Fees. No permit shall be granted for any electrical installation within the limits of the city until after inspection fees have been paid. Such inspection fees are hereby fixed in the following schedule. For all electrical construction requiring a permit there shall be paid by the party obtaining a permit therefor the following inspection fees to be collected by the city clerk: (1) For issuing each permit $ 10.00 (2) New single-family residential occupancy: 0-100 amp service 25.00 101-150 amp service 30.00 1111 410 BUILDINGS AND BUILDING REGULATIONS § 6-37 151-200 amp service 35.00 For each additional 50 amp or fractional part thereof 5.00 (3) Multifamily per dwelling unit 25.00 (4) Service charge: 0-100 amp service 15.00 101-150 amp service 25.00 151-200 amp service 25.00 For each additional 50 amp or fractional part thereof 10.00 (5) New commercial services: 0-100 amp service 25.00 101-150 amp service 30.00 151-200 amp service. 35.00 For each additional 50 amp or fractional part thereof 5.00 (6) Temporary services 10.00 (7) Signs . . 10.00 (8) Switch and receptacle outlets (except new single-family, multifamily and room additions): Up to 30 amp,each 0.30 31-100 amp, each 1.00 101-200 amp, each 2.00 (9) Lighting outlets,including fixtures,each 0.30 (10) Primary service 25.00 (11) Transformers,per 20 KVA or fractional part thereof 2.00 (12) Heat: 0-10 kw 1.00 10.1-15 kw 2.00 15.1-24 kw 3.00 Over 24 kw 4.00 (13) Air conditioning circuits: 0-60 amp 2.50 61-100 amp 5.00 (14) Motors: 0-5 hp 2.00 Plus$2.00 for each additional 5 hp or fractional part thereof (15) Appliances,fixed or stationary: Up to 30 amp 1.00 411) 31-100 amp 2.00 Over 100 amp 3.00 411 § 6-37 ATLANTIC BEACH CODE (16) Smoke detectors wired into electrical system (except single-family, multi- family and room additions),each 1.00 (17) Fire alarm and signaling systems,each 0.00 (18) Minimum fee - 10.00 (19) Swimming pools 20.00 (20) Repairs and miscellaneous 10.00 (21) Reinspection 10.00 (Ord. No. 34-82-1, § 1, 7-28-82) Sec. 6-38. Same—Permit prerequisite to inspection. No inspection shall be made by the city electrical inspector until after a permit for electrical construction or alterations has been obtained by the master electrician from the building official of this city. (Code 1970, § 7-10) Sec. 6-39. Same—Right of entry of electrical inspector. The city electrical inspector or his duly authorized assistants shall have the right,during reasonable hours,with the consent of the owner or occupant,to enter any building or premises in the discharge of his official duty or for the purpose of making any inspection or test of the electrical wiring, apparatus or fixtures contained therein. If the owner or occupant shall refuse to give such consent, entry shall be made only pursuant to authority granted_.by a properly issued search warrant. (Code 1970, § 7-11) Sec. 6-40. Same—Interference with electrical inspector. It shall be unlawful for any person to hinder or interfere with the city electrical inspector or with any assistant city electrical inspector in the discharge of his duties under this article. (Code 1970, § 7-12) Secs. 6-41-6-55. Reserved. ARTICLE IV.PLUMBING CODE* Sec. 6-56. Adoption. There is hereby adopted the Standard Plumbing Code, 1982 edition,with 1983 revisions, as published by the Southern Building Code Congress International, Inc., for the purpose of *Cross references—Waterworks system, § 22-16 etseq.; wastewater system, § 22-56 et seq. State law references—Plumbing control act, F.S. § 553.01 et seq.; plumbers, F.S. Ch. 469. 412 BUILDINGS AND BUILDING REGULATIONS § 6-76 • establishing rules and regulations for the construction, maintenance and repairs on plumb- ing, including permits and penalties. (Code 1970, § 17-1) Sec. 6-57. Certificate of competency. (a) Every master or journeyman plumber before carrying on his trade or business in this city, shall present to the city clerk a certificate as to his competency issued by the state or the board of examiners of plumbers of the City of Jacksonville, or an existing certificate pre- viously issued by the city. (b) It shall be unlawful for any person, not a certified plumber in accordance with the provisions of this section,to do any plumbing construction or to make any repairs,alterations, additions or changes to an existing system,within the city. (Code 1970, § 17-4) Sec. 6-58. Permits—Determination of ownership of secondhand fixtures prior to issuance. Before the issuance of any plumbing permit, the plumbing inspector shall ascertain whether new or secondhand fixtures are to be used in the work. Whenever secondhand. fixtures are proposed, the plumbing inspector shall require of the applicant satisfactory 4110 evidence in writing of the ownership of such fixtures and keep a record of the same. (Code 1970, § 17-11) Sec. 6-59. Same—Fee. A fee of three dollars and fifty cents ($3.50) per fixture, including washing machines, water heaters and dishwashers, shall be paid to the city when a plumbing permit is issued. The minimum charge for any permit shall be ten dollars ($10.00) in addition to the rate per fixture. The charge for reinspection shall be ten dollars($10.00)per inspection. (Code 1970, § 17-12; Ord. No. 36-82-1, § 1, 7-26-82) Sec. 6-60. Same—To whom issued. Permits to do plumbing work shall be issued to master plumbers only. (Code 1970, § 17-13) Secs. 6-61-6-75. Reserved. ARTICLE V. MECHANICAL CODE Sec. 6-76. Adoption. There is hereby adopted by the city for the purpose of establishing rules and regulations for mechanical construction, maintenance, and repair, including permits and penalties that certain code known as the Standard Mechanical Code, 1982 edition, with 1983 revisions, 413 § 6-76 ATLANTIC BEACH CODE • published by the Southern Building Code Congress International,Inc., including changes and amendments, for the purpose of establishing a comprehensive performance code for the minimum design and installation requirements for heating, ventilating and air conditioning systems in all buildings.Terms and conditions set forth within the booklet are hereby adopted and incorporated as fully as if set out at length in this article and the provisions contained therein shall control within the limits of the city. (Ord. No. 25-82-1, § 1, 7-26-82) Sec. 6-77. Inspection fees. No permit shall be granted for any mechanical installation within the limits of the city until after inspection fees shall have been paid; such inspection fees are hereby fixed as follows: (1) Mechanical permit fees: a. For issuing each permit $ 10.00 b. Air conditioning and refrigeration (total capacity in single installa- tion): For each ton or fractional part thereof: Air conditioning from 1 ton to 10 tons total capacity in single installation, for each town or fraction thereof for each apart- ment or business will be considered a separate system 4.00 For each ton of air conditioning over 10 tons or fractional part thereof up to 25 tons 2.00 For each ton of air conditioning over 25 tons or fractional part thereof 1.00 c. Furnaces and heating equipment(total capacity in single installation): For the first 200,000 BTU per hour capacity or fractional part thereof in single installation for each apartment or business 10.00 For each additional 50,000 BTU per hour of fuel used or fractional part thereof 2.00 Any burner(not in heating system),each 6.00 d. Boilers, including heating element: For the first 500,000 BTU per hour input of fuel 15.00 For each additional 100,000 BTU per hour input of fuel or fractional part thereof 3.00 e. Air duct systems: For the first 2,000 cubic feet per minute capacity of air handled in duct system 10.00 For each 1,000 cubic feet per minute over 2,000 cubic feet per minute or fractional part thereof up to 10,000 cubic feet per minute 4.00 For each additional 1,000 cubic feet per minute or fractional part thereof 2.00 f. Pumps 2.00 414 BUILDINGS AND BUILDING REGULATIONS § 6-91 g. Wells 10.00 h. Tanks, all types, gasoline or liquefied petroleum: 0-600 gallons 10.00 Over 600 to 10,000 gallons capacity or fractional part thereof 50.00 For each additional 1,000 gallons or fractional part thereof 2.00 i. Service station automobile lifts 5.00 j. Elevators,escalators,manlifts,hoists for the first 4 floors 50.00 k. Fire sprinkler systems: For the first 40 sprinkler heads or fractional part thereof 15.00 For each additional 10 sprinkler heads or fractional part thereof 2.00 1. Fire standpipes, each 3.00 m. Fire hose cabinets,each 3.00 n. Prefabricated fireplaces, each 15.00 o. Alteration or repair of boiler or on fired pressure vessel 15.00 p. Solar collector system 15.00 q. Commercial hood installation 15.00 r. Heat exchanger or coil in ducts 5.00 s. Minimum fee for any mechanical permit 10.00 t. Reinspection fee 10.00 u. For mechanical fee not listed in this section, fee shall be based on 4110 $4.00 per thousand dollars. (2) Gas piping permit fees. Consumers' gas piping and appliances at one lo- cation: a. For issuing each permit 10.00 b. For 1 to 4 outlets 5.00 For each additional outlet 1.00 c. For conversion burners, floor furnaces, incinerators, boilers, central heat and air conditioning units 5.00 For each additional unit 1.00 d. Vented wall furnaces and water heaters,each unit 2.50 e. Reinpection fee 10.00 (Ord. No. 25-82-1, § 2, 7-26-82) Secs. 6-78-6-90. Reserved. ARTICLE VI. SWIMMING POOL CODE* Sec. 6-91. Adoption. There is hereby adopted the Standard Swimming Pool Code, 1982 edition, as published by the Southern Building Code Congress International, Inc., for the purpose of prescribing *Cross reference-Zoning regulation of swimming pools, § 24-164. State law references-Regulations of department of health and rehabilitative services, F.S. § 381.031(g)3; public bathhouses and swimming or bathing places,F.S. Ch. 514. 415 § 6-91 ATLANTIC BEACH CODE minimum standards for the design, construction or installation, repair or alterations of swimming pools. Sec. 6-92. Enclosed or roofed pools to comply with building code and zoning regulations. Where an enclosure or roof is provided over a pool, it shall comply with the building code and accessory building requirements of chapter 24. (Code 1970, § 24-4) Secs. 6-93-6-105. Reserved. ARTICLE VII. NUMBERING OF BUILDINGS Sec. 6-106. Required. Every building, place of residence or place of business in the city which fronts on any public street shall have a number according to the system set forth in this article. (Code 1970, § 6-12) Sec. 6-107. Attachment of numbers to buildings. The number assigned to any building shall be permanently attached in a suitable man- ner,as determined by the building official, and shall be attached to the outside of the building in a conspicuous place easily discernible from the street upon which the building faces. (Code 1970, § 6-13) Sec. 6-108. Duties of building official. It shall be the duty of the building official to assign each building a number, to attach or to have attached the assigned number or numbers, and to do all things necessary and practical to carry into effect the intent and provisions of this article. (Code 1970, § 6-14) Sec. 6-109. Street numbering districts designated. • The city is hereby divided into street numbering districts as follows: (1) First district. All that part of the city lying east and south and including both sides of the following streets: Sherry Drive between Atlantic Boulevard and Twelfth Street; Twelfth Street between Sherry Drive and East Coast Drive; East Coast Drive be- tween Twelfth Street and Sixteenth Street. (2) Second district. All that part of the city lying in the subdivision known as Saltair, except Sherry Drive (in the first district) and The Plaza(in the third district). (3) Third district. All that part of the city not within the first and second districts. (Code 1970, § 6-15) • 416 BUILDINGS AND BUILDING REGULATIONS § 6-110 Sec. 6-110. System of numbering. The building official shall assign street numbers within the street numbering districts as follows: (1) In the first district according to the system of numbering as follows: a. On streets running from south to north and more northerly than easterly or westerly, only odd numbers(not evenly divided by 2) shall be assigned to build- ings on the easterly side and only even numbers (evenly divided by 2) shall be assigned to buildings on the westerly side. b. On streets running from east to west and more westerly than northerly or southerly, only odd numbers shall be assigned to buildings on the northerly side and only even numbers shall be assigned to buildings on the southerly side. c. Atlantic Boulevard on the south and the ocean beach(at the concrete seawall)on the east are hereby declared and determined to be the zero coordinates or axis of this numbering system. Numbers shall run from zero on the south to the north and from zero on the east to west. d. On every street,one hundred(100)numbers shall be assigned per block(fifty(50) numbers on each side), except on streets running from south to north, where named streets (instead of "numbered" streets) intersect and cross the streets 4110 running from south to north and, in that case, one hundred(100)numbers shall be assigned to several blocks in a manner that the number of the hundred block (Example:the 1200 block)shall be equal to the number of the"numbered"street immediately south thereof and except on streets running from south to north where "numbered" streets, if extended easterly, would intersect the streets running from south to north and, in such case,the number of the hundred block shall cease and the next number of the hundred block shall commence, as if the "numbered" street had extended easterly. e. Each street number on each side of a street shall be measured one from the other (in quotient feet) by dividing the length (in feet) of the street (for which one hundred (100) numbers were assigned) by the numeral fifty (50). Any given building shall be assigned the number or numbers(within the one hundred(100) numbers assigned to the part of block, or several blocks in which the given building is"situated) by dividing the distance (in feet) of one number from the other (assigned or unassigned), and the number or numbers having the closest nonfractional value for that side of the street shall be the number assigned. (2) In the second district, according to the system of numbering as follows: a. According to subsection(1)a of this section. b. According to subsection(1)b of this section. c. Atlantic Boulevard on the south and Saltair Boulevard through the district are hereby declared and determined to be the zero coordinates or axis of this number- ", ing system.Numbers shall run from zero on the south to the north,and from zero at Saltair Boulevard to the east and to the west. 417 § 6-110 ATLANTIC BEACH CODE d. On every street, one hundred(100)numbers shall be assigned per block(fifty(50) numbers on each side). e. According to subsection(1)e of this section. (3) In the third district, according to the system of numbering as follows: a. According to subsection(1)a of this section. b. According to subsection(1)b of this section. c. Atlantic Boulevard on the south and the first and second districts on theeast are hereby declared and determined to be the zero coordinates or axis of this number- ing system, except where the street is a continuation of a street in the first or second districts, and in that case,the coordinates or axis shall be that of the first or second district,whichever is the case. d. On every street, one hundred (100) numbers shall be assigned for every five hundred(500)feet, except where streets intersect less than one thousand(1,000) feet apart, in which case one hundred(100)numbers shall be assigned according to subsection(2)d of this section. e. According to subsection(1)e of this section. (Code 1970, § 6-16) Sec. 6-111. Removing or defacing. No person shall remove or deface or attempt to remove or deface any numbers attached to buildings under the provisions of this article. (Code 1970, § 6-17) State law reference—Criminal mischief, F.S. § 806.13. [The next page is 469] 418 Chapter 7 FIRE PREVENTION AND PROTECTION* Art. I. In General, §§ 7-1-7-15 Art. II. Fire Prevention Code, §§ 7-16-7-20 ARTICLE I. IN GENERAL Sec. 7-1. Reward for information leading to conviction of arsonists. The city will pay as a reward to any person an amount not to exceed one hundred dollars ($100.00)for any one occurrence, for information leading to the arrest and conviction of any person found guilty of maliciously setting a fire within the city. (Code 1970, § 9-2) Secs. 7-2-7-15. Reserved. ARTICLE II. FIRE PREVENTION CODE Sec. 7-16. Adoption. There is hereby adopted, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion,that certain code known as the Standard Fire Prevention Code, 1982 edition, with 1983 revisions, published by the Southern Building Code Congress International, Inc., of which code not less than three(3) copies have been and now are filed in the office of the city clerk, and the same is hereby adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling within the city. (Code 1970, § 9-3) Sec. 7-17. Enforcement. The fire prevention code adopted by this article shall be enforced by the chief of the fire department. (Code 1970, § 9-4) *Cross references—Fire department, § 2-61 et seq.; buildings and building regulations, Ch. 6; signs and advertising structures as fire hazards, § 17-4; signs and advertising struc- tures obstructing doors,windows and fire escapes, § 17-6. State law references—Fire prevention and control, F.S. Ch. 633; local fire chief author- ized to enforce laws and rules of state fire marshal, F.S. § 633.121; explosives, F.S. Ch. 552; procedure to lawfully burn land,F.S. § 590.12; sale of fireworks, F.S. Ch. 791. 469 § 7-18 ATLANTIC BEACH CODE Sec. 7-18. Modifications. The chief of the fire department shall have power to modify any of the provisions of the fire prevention code adopted by this article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code;provided,that the spirit of the code shall be observed,public safety secured and substantial justice done. The particulars of such modification, when granted or allowed,and the decision of the chief of the fire department thereon,shall be entered upon the records of the department, and a signed copy shall be furnished the applicant. (Code 1970, § 9-6) Sec. 7-19. Appeals from actions of chief of fire department. Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for,or when it is claimed that the provisions of the fire prevention code adopted by this article do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city commission within thirty (30) days from the date of the decision appealed. (Code 1970, § 9-7) Sec. 7-20. Penalty; imposition of penalty not to excuse violation; separate offenses; removal of prohibited conditions. (a) Any person who shall violate any of the provisions of the fire prevention code adopted by this article or fail to comply therewith,or who shall violate or fail to comply with any order made thereunder,or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city commission or by a court of competent jurisdiction within the time fixed in this article, shall, severally, for each such violation and noncompliance respec- tively,be punished as provided in section 1-11. (b) The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue.All such persons shall be required to correct or remedy the violations or defects within a reasonable time. When not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. (c) The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions. (Code 1970, § 9-8) [The next page is 521] 410 470 Chapter 8 FLOOD HAZARD DISTRICTS* Sec. 8-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the mean- ings respectively ascribed to them by this section: Accessory building shall mean a secondary residence, garage or other building or struc- ture on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include servants' quarters unless prohibited by existing deed restrictions. Basement shall mean that portion of a building between floor and ceiling, which is so located that one-half or more of the clear height from floor to ceiling is below grade. Coastal general flood hazard district (GFH district) shall mean that portion of the city comprised of those areas designated Zone B upon the official flood hazard boundary map 11-01 and flood insurance rate map 1-01, Community No. 120075, issued and approved by the federal insurance administrator dated June 28, 1974, effective March 15, 1977, and as the same may, from time to time,be amended by the federal insurance administrator. Coastal high flood hazard district (HFH district) shall mean that portion of the city, subject to flooding or erosion from abnormally high tidal waters and wave velocities resulting from severe storms or hurricanes. The HFH District shall be comprised of those areas desig- nated Zone V as provided in the flood insurance rate study dated October 18, 1982, and the flood insurance rate map of the city, Community Panel No. 1200750001C dated April 18, 1983, as issued by the Federal Emergency Management Agency, and as the same may, from time to time, be amended. Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of streams,rivers or other inland water; or (2) Abnormally high tidal water or rising coastal waters resulting from severe storms, hurricanes or tsunamis. Floodproofing shall mean structural and nonstructural additions, changes, or adjust- ments, other than elevating, to nonresidential structures and utilities which reduce or elimi- nate flood damage to water supply and sanitary sewage facilities, structures and contents of buildings, and includes,by way of illustration, not limitation,the following measures: (1) Anchorage to resist flotation and lateral movement; *Cross references—Buildings and building regulations, Ch. 6;planning, Ch. 14; zoning • and subdivision regulations, Ch. 24. State law reference—Water resources,F.S. Ch. 373. 521 § 8-1 ATLANTIC BEACH CODE (2) Installation of watertight doors, bulkheads and shutters, or similar methods of con110 - struction to protect against winds, wave action or floodwaters; (3) Reinforcement of walls to resist water pressures; (4) Use of paints, membranes or mortars to reduce seepage of water through walls; (5) Addition of mass or weight to structures to resist flotation; (6) Installation of pumps to lower water levels in structures; (7) Construction of water supply and wastewater treatment and disposal systems so as to prevent the entrance or infiltration of floodwaters; ;(8,) Pumping facilities or comparable practices for subsurface drainage systems for build- ings to relieve external foundation wall and basement flood pressures; (9) Construction to resist rupture or collapse caused by water pressure or floating debris; (10) .Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices; (11) Locations of all electrical equipment, circuits and installed electrical appliances in a manner which will ensure they are not subject to flooding and to provide protection from inundation by the regulatory flood; (12) Location of any structural storage facilities for chemicals, explosives, buoyant mate- rials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will ensure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into floodwaters. GFH See in this section "coastal general flood hazard district." HFH. See within this section coastal high flood hazard district. Regulatory flood or the 100-year flood shall mean the level of flooding that, on the average,is likely to be equalled or exceeded once in any 100-year period, i.e., that has a one(1) percent chance of occurring in any year. Residential or residence shall mean any lot, plot, parcel, tract, area or piece of land or building used exclusively for family dwelling purposes or intended to be so used. Substantial improvement shall mean repair, reconstruction or improvement of a struc- ture,the cost of which equals or exceeds fifty(50)percent of the market value of the structure either: (1) Before the improvement is started; or (2) If the structure has been damaged and is being restored,before the damage occurred. 522 FLOODHAZARD)DISTRICTS § 8-5 Structure shall mean anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent location on the ground, including buildings,walls,fences, signs, light standards, towers,,tanks, etc. (Code 1970, § 9.1-2; Ord. No. 25-83-16, §§ 1, 2, 5-9-83) Cross reference—Definitions and rules of construction generally, § 1-2. Sec., 8-2.. Intent. Certain areas of the city are subject to flooding resulting in danger to life,loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of tax base, all of which adversely affect the public health, safety and general welfare. The Federal Emergency Man- agement Agency declared certain areas of the city eligible for federally assisted flood insur- ance, which insurance will mitigate the effects of damages from such natural disasters as hurricanes and severe storms and their attendant flooding. This chapter is adopted to ensure the continued availability of such flood insurance; to comply with federally imposed require- ments; and to protect the public health, safety and general welfare by minimizing flood losses in certain areas of the city. (Code 1970, § 9.1-1; Ord. No. 25-83-16, § 6, 5-9-83) Sec. 8-3. Applicability. (a) This chapter shall apply to and be enforced within the corporate limits of the city. (b) The provisions of this chapter shall constitute minimum standards throughout the city. (c) This chapter shall supersede any conflicting ordinance, building code or any other regulation, whether a county or municipal ordinance, to the extent that this chapter imposes more stringent requirements for the use or development of any lands or structures within HFH or GFH districts. It is not intended to repeal, modify or change any ordinance, building code or other regulation except as stated in this chapter. (Code 1970, § 9.1-3) Sec. 8-4. Liability of city. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific studies. Larger floods may occur. This chapter shall not be deemed to imply that areas inside or outside designated flood hazard districts will be entirely free from flooding or flood damages, and shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Code 1970, § 9.1-11) Sec. 8-5. Interpretation of district boundaries. The boundaries of the flood hazard districts shown on the official flood hazard boundary 523 § 8-5 - ATLANTIC BEACH CODE maps may be determined by scaling distances. Required interpretations of those maps for precise locations of the boundaries shall be made by the building official. - (Code 1970, § 9.1-9) Sec. 8-6. Maps adopted. Those maps referred to in section 8-1 together with all explanatory matter thereof are hereby adopted by reference and are declared to be part of this chapter; and the material shall be kept on file, available to the public, in the office of the building official. (Code 1970, § 9.1-4) Sec. 8-7. Requirements applicable to HFH and GFH districts. The building official, to the extent not otherwise prohibited by sections 8-8 and 8-9, with respect to development within the HFH and GFH districts, shall: (1) Require building permits for all proposed construction or other improvements within the districts; (2) Review building permit applications for repairs within such districts to determine that the proposed repair uses: a. Construction materials and utility equipment that are resistant to flood damage; and • b. Construction methods and practices that will minimize flood damage. (3) Review building permit applications for new construction or substantial improve- ments within such districts to ensure that the proposed construction, including prefabricated and mobile homes: a. Is protected against flood damage; b. Is designed, or modified, and anchored to prevent flotation, collapse or lateral movement of the structure; c. Uses construction materials and utility equipment that are resistant to flood damage, and also uses construction methods and practices that will minimize flood damage. (4) Review subdivision proposals and other proposed new developments to ensure that: a. All such proposals are consistent with the need to minimize flood damage; b. All public utilities and facilities,such as sewer,gas,electrical and water systems are located, elevated or constructed to minimize or eliminate flood damage; c. Adequate drainage is provided so as to reduce exposure to flood hazards; d. Base flood elevation data shall be provided for subdivision proposals and other proposed developments which is greater than the lesser of fifty(50)lots or five(5) acres; and (5) Require new or replacement water supply systems and treatment plants and sanitary sewage plants and systems to be designed to minimize or eliminate infiltration of 524 FLOOD HAZARD DISTRICTS § 8-9 floodwaters into the systems and plants and discharges from the systems and plants into floodwaters, and require on-site wastewater disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. (Code 1970, § 9.1-6; Ord. No. 25-83-16, § 3, 5-9-83) Sec. 8-8. Development of HFH districts. (a) Existing uses located on land in an HFH district which is below the elevation of the regulatory flood shall not be expanded and no building permit referred to in section 8-7 of this chapter may be issued therefor unless the provisions of subsection (b) hereof are complied with; however, this shall not preclude routine maintenance of existing structures or im- provements thereto which are less than substantial improvements, as herein defined, which do not increase the physical size of the structure. (b) No new construction or substantial improvement shall be undertaken and no building permit referred to in section 8-7 may be issued therefor upon any lands within the HFH district which are below the level of the regulatory flood unless such new construction or substantial improvement is: (1) Located landward of the reach of the mean high tide; and (2) Elevated on adequately anchored piles or columns to a lowest floor level at or above 410 the regulatory flood level and securely anchored to such piles or columns, so that the lowest portion of the structural members of the lowest floor excluding the pilings or columns is elevated at or above the base flood elevation. Compliance with this provision shall be certified to by a professional engineer or architect; and (3) Has no basement and has the space below the lowest floor free of obstructions so that the impact of abnormally high tides or wind driven water is minimized. (Code 1970, § 9.1-7; Ord. No. 25-83-16, § 4, 5-9-83) Sec. 8-9. Development of GFH districts. (a) No new construction or substantial improvement of any residential structure shall be permitted in GFH districts, and no building permit referred to in section 8-7 shall be issued therefor unless the new construction or substantial improvement has the lowest floor, includ- ing basement, elevated to or above the level of the regulatory flood. (b) New new construction or substantial improvement of any nonresidential structure shall be permitted in GFH districts, and no building permit referred to in section 8-7 shall be issued therefor unless the new construction or substantial improvement has the lowest floor including basement elevated to or above the level of the regulatory flood(100-year flood), or if the lowest permitted floor level of the nonresidential structure including basement is below the regulatory flood level then the nonresidential structure together with attendant utility and sanitary facilities shall be floodproofed up to the level of the regulatory flood; provided that the lowest floor level of the nonresidential structure including basement shall be no more 41110 than three(3)feet below the regulatory flood level. (Code 1970, § 9.1-8; Ord. No. 25-83-16, § 5, 5-9-83) 525 § 8-10 ATLANTIC BEACH CODE Sec. 8-10. Variances. (a) The city commission shall consider and act upon applications for a variance from this chapter as set forth in this section. In granting any variances from this chapter, the city commission must consider the purposes of the national flood insurance program, as specified in Title 24, Code of Federal Regulations, Chapter 10, Subchapter B, Parts 1909 et seq. Further, the city commission shall consider the fact that an annual report on variances granted must be submitted to the Federal Emergency Management Agency, which report is the basis for continued availability of flood insurance to the inhabitants of the city and, therefore,variances should be granted with extreme caution. (b) The city commission may grant variances from the terms of this chapter as will not be contrary to the public interest,where,owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so the spirit of the regula- tions shall be observed and substantial justice done; provided, that the variance will be in harmony with the general purpose and intent of this chapter and that such variance is the minimum variance that will permit the reasonable use of the premises. (c) In granting any variance the city commission may prescribe any reasonable condi- tions, restrictions and limitations that it deems necessary or desirable. (Code 1970, § 9.1-10; Ord. No. 25-83-16, § 6, 5-9-83) Sec. 8-11. Enforcement. • (a) The city building official shall administer and enforce this chapter within the corpo- rate limits of the city. (b) Notwithstanding the provisions of section 1-11, the official responsible for the en- forcement of the provisions of this chapter may secure enforcement hereof by any legal action necessary, such as application to any court for injunctive relief, revocation of any building permit issued hereunder or other appropriate means. (Code 1970, § 9.1-5) [The next page is 577] 526 4110 Chapter 9 HUMAN RELATIONS* Art. I. In General, §§ 9-1-9-15 Art. II. Fair Housing, §§ 9-16-9-25 ARTICLE I. IN GENERAL Secs. 9-1-9-15. Reserved. ARTICLE II. FAIR HOUSINGt Sec. 9-16. Definitions. Whenever used in this article, the following words and terms shall have the following meanings unless the context necessarily requires otherwise: Dwelling shall mean any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one(1)or more families, and any vacant land which is offered for sale or lease for the construction or location of any such building, structure or portion thereof. Family shall include a single individual. Person shall include one (1)or more individuals, corporations,partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trust, unincorporated organizations, trustees in bankruptcy, receivers, and fiduciaries. To rent shall include to lease,to sublease,to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (Ord. No. 95-80-20, § I, 11-10-80) Cross reference—Definitions and rules of construction generally, § 1-2. State law reference—Similar definitions,F.S. § 760.22. Sec. 9-17. Prohibited conduct. Subject to the exceptions set out in this article, it shall be unlawful for any person to do any of the following acts: (1) To refuse to sell or rent after the making of a bona fide offer to do so or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, sex, religion or national origin. *State law references—Florida human relations, F.S. § 13.201 et seq.; civil rights, F.S. Ch. 760. tState law reference—Fair Housing Act, F.S. § 760.20 et seq. 577 § 9-17 ATLANTIC BEACH CODE (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection there- with, because of race, color, sex, religion or national origin. (3) To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, sex, reli- gion, or national origin or an intention to make any such preference, limitation or discrimination. (4) To represent to any person because of race, color, sex,religion or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, sex, religion or national origin. (Ord. No. 95-80-20, § II, 11-10-80) State law reference—Similar provisions, F.S. § 760.23. Sec. 9-18. Multiple listing services. It shall be unlawful to deny any person access to or membership or participation in any multiple, listing service, real estate brokers organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation on account of race, color, sex,religion or national origin. (Ord. No. 95-80-20, § IV, 11-10-80) State law reference—Similar provisions, F.S. § 760.24. Sec. 9-19. Educational activities. The city manager is authorized and directed to undertake such educational and concilia- tory activities as in his judgment will further the purposes of this article. He may call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions hereof and the suggested means of implementing this article. The city manager shall further endeavor, with the advice of the housing industry and other interested parties, to work out programs of voluntary compliance and may advise appropriate city officials on matters of enforcement. The city manager may issue reports on such conferences and consultation as it deems appropriate. (Ord. No. 95-80-20, § V, 11-10-80) Sec. 9-20. Complaints. (a) Any person who claims to have been injured by an act made unlawful by this article or who claims that he will be injured by such an act,may file a complaint with the city manager. A complaint shall be filed within one hundred eighty(180)days after the alleged unlawful act 578 HUMAN RELATIONS § 9-23 41) occurred. Complaints shall be in writing and shall contain such information and be in such form as required by the city manager. Upon receipt of a complaint, the city manager shall promptly investigate it and shall complete his investigation within fifteen(15)days.If the city manager finds reasonable cause to believe that a violation of this article has occurred, or if a person charged with violation of this article refused to furnish information to the city manag- er,the city manager may request the city attorney to prosecute an action in a court or board of competent jurisdiction against the person charged in the complaint. The request shall be in writing. (b) Upon receiving such written request and with the assistance of the aggrieved person and city manager, within fifteen (15) days after receiving the request the city attorney shall be prepared to prosecute an action in the appropriate court or board of competent jurisdiction, provided a warrant is sworn out by the aggrieved person and served upon the person or persons charged with the offense. (Ord. No. 95-80-20, § VI, 11-10-80) Sec. 9-21. Use of remedies of this article,other remedies. Nothing in this article requires any person claiming to have been injured by an act made unlawful by this article to exhaust the remedies provided herein;nor prevent any such person from seeking relief at any time under the Federal Civil Rights Acts or other applicable legal provisions. (Ord. No. 95-80-20, § VII, 11-10-80) Sec. 9-22. Discrimination in the financing of housing. It is unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise the business of which consists in whole or in part of the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing,improving,repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance,because of the race, color, religion, sex, or national origin of the person or of any person associated with him in connection with the loan or other financial assistance or the purposes of the loan or other financial assistance, or because of the race, color, religion, sex, or national origin of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which the loan or other financial assistance is to be made or given. State law reference—Similar provisions, F.S. § 760.25. Sec. 9-23. Exemptions. (a) Nothing in sections 9-17 and 9-22 shall apply to: 1110 (1) Any single-family house sold or rented by its owner, provided the private individual owner does not own more than three (3)single-family houses at any one time. In the case of the sale of fi single-family house by a private individual owner who does not 579 § 9-23 ATLANTIC BEACH CODE • reside in the house at the time of the sale or who was not the most recent resident of the house prior to the sale,the exemption granted by this paragraph shall apply only with respect to one (1) sale within any twenty-four-month period. In addition, the bona fide private individual owner shall not own any interest in, nor shall there be owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three(3)single-family houses at any one time.The sale or rental of any single-family house shall be excepted from the application of this article only if the house is sold or rented: a. Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman or the facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of the broker, agent, salesman, or person; and b. Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of section 9-17(3). Nothing in this provision shall prohibit the use of attorneys, escrow agents, abstrac- tors,title companies, and other such professional assistance as is necessary to perfect or transfer the title. (2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4)families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (b) For the purposes of paragraph(a), a person is deemed to be in the business of selling or renting dwellings if: (1) He has,within the preceding twelve(12)months,participated as principal in three(3) or more transactions involving the sale or rental of any dwelling or any interest therein; (2) He has,within the preceding twelve(12)months,participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by,five(5)or more families. (c) Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion in restricted on account of race,color,or national origin. Nothing in this article shall prohibit a private club not in fact open to the public,which as an incident 580 HUMAN RELATIONS § 9-25 to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose,from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (Ord. No. 95-80-20, § III, 11-10-80) State law reference—Similar provisions, F.S. § 760.29. Sec. 9-24. Interference,coercion,or intimidation;enforcement by civil action. It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of, or on account of his having exercised, or on account of his having aided or encouraged any other person in the exercise of any right granted under this article. This section may be enforced by appropriate civil action. State law reference—Similar provisions, F.S. § 760.37. Sec. 9-25. Violations. Any person violating any provision of this article shall be guilty of an offense and upon conviction shall pay a penalty of not more than fifty dollars($50.00)for each offense. (Ord. No. 95-80-20, § VII, 11-10-80) [The next page is 6311 581 • Chapter 10 MOBILE HOMES AND RECREATIONAL VEHICLES* Sec. 10-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the mean- ings respectively ascribed to them by this section: Mobile home shall mean a structure which is transportable in one or more sections,which is eight(8)body feet(2.4 meters)or more in width and is thirty-two(32)body feet(9.75 meters) or more in length,which is built on a permanent chassis, and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; and the term includes the plumbing, heating, air conditioning, and electrical systems con- tained therein. Mobile home park shall mean a place set aside and offered by a person or public body, for either direct or indirect remuneration of the owner, lessor, or operator of the place, for the parking or accommodation of six(6)or more mobile homes utilized for sleeping or eating. Recreational vehicle shall mean a vehicular,portable structure which is built on a chassis; which is designed as a temporary dwelling for travel,recreation, or vacation; and which has a transportable body width not exceeding eight(8)body feet and a length not exceeding thirty- • five(35)feet. Recreational vehicle park shall mean a place set aside and offered by a person or public body, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking and accommodation of six (6) or more recreational vehicles utilized for sleeping or eating; and the term also includes buildings and sites set aside for group camping and similar recreational facilities. (Code 1970, § 26-1) Cross reference—Definitions and rules of construction generally, § 1-2. State law reference—Similar definitions, F.S. § 513.01. Sec. 10-2. Minimum requirements for parks. All mobile home parks and recreational vehicle parks shall meet the following minimum requirements: (1) Streets shall be not less than thirty (30)feet wide and blacktopped. The entire park shall be designed for drainage of surface water. (2) Streets and park or camp areas shall be illuminated properly all night. (3) Each mobile home or recreational vehicle shall be placed with a setback from each of its plot lines a minimum of eight (8) feet in all directions, with a four-inch thick *Cross references—Buildings and building regulations,Ch. 6;planning, Ch. 14; streets, sidewalks and other public places, Ch. 19; occupational license tax on trailer park or tourist camp, § 20-59; traffic and motor vehicles, Ch. 21; utilities, Ch. 22; zoning and subdivision th . regulations, Ch. 24. State law reference—Mobile home and recreational vehicle parks, F.S. Ch. 513. 631 § 10-2 ATLANTIC BEACH CODE concrete slab of sixteen (16) square feet on the entrance side of the mobile home or recreational vehicle. (4) All electric wiring shall be underground and comply with the electrical code of the city. (5) All plumbing shall comply with the plumbing code of the city. (6) City water shall be piped to each trailer with no less than three-fourths-inch pipe. (7) Each space shall be numbered, with a directory at the office of the park. (Code 1970, § 26-2) 411 • [The next page is 683] 632 Chapter 11 NOISE* Sec. 11-1. General prohibitions. It shall be unlawful for any person to make, continue or cause to be made or continued any unnecessary or unusual noise between the hours of 6:00 a.m. and 8:00 p.m., which either annoys, injures. or endangers the comfort, repose, health or safety of others, or to make, Continue or cause to be made or continued between the hours of 8:00 p.m. and 6:00 a.m., whether in the operation of any machine or the exercise of any trade or calling or otherwise, any noise whicheither annoys, injures or endangers the comfort, repose, health or safety of others, unless the making and.continuing of the same is necessary for the protection or preservation of property or of the health, safety, life or limb of some person. (Code 19.70, § 12-1) Sec. 11-2. Noise in public places generally. It shall be unlawful for any person to ring any handbell, beat or strike any pan, pail or other like article, sound any gong or blow any whistle or horn, or other than musical instruments when used as part of a band of music, except to give necessary signals upon a motor vehicle, motorcycle, bicycle or similar vehicle, or to hawk, cry'or call out the sale of goods at auction or otherwise, or to gain passengers for any cab,hack,taxi or other vehicle, or to make, aid, continue, encourage or assist in making any other or unusual noise upon any street or other public place or in close proximity thereto so as to be distinctly and loudly audible upon any such street or place in the city. (Code 1970, § 12-3) Sec. 11-3. Use of noise-producing instruments outdoors on own premises. It shall be unlawful for any person to install, maintain, harbor or play in any manner, at a physical location outside of any building comprising the whole or any part of such person's residential, business or professional premises, any musical or noise-producing instrument or portion thereof whatsoever; provided, the installation, maintenance, harboring or playing shall not, if in keeping with all other provisions of this chapter,be prohibited at the location if the aforesaid musical or noise-producing instrument is not allowed to face upon any public or private street, avenue or way within the city. (Code 1970, § 12-2) Cross reference—Playing of musical or noise-producing equipment outside of buildings selling alcoholic beverages prohibited, § 3-10. 4110 *Cross reference—Nuisances, Ch. 12. State law reference—Motor vehicle noise, F.S. § 403.415. 683 § 11-4 ATLANTIC BEACH CODE • Sec. 11-4. Use of sirens, whistles,etc.,on vehicles prohibited. It shall be unlawful for any person to carry or use upon any vehicle any gong, siren or whistle similar to that used on ambulances or vehicles of the police and fire departments. (Code 1970, § 12-4) Cross reference—Traffic and motor vehicles generally, Ch. 21. Sec. 11-5. Playing of musical instruments. It shall be unlawful for any person using or performing upon any bugle, hand organ, barrel organ,barrel accordion,barrel piano,hurdy-gurdy or other musical or wind instrument upon any street or other public place in the city to solicit, ask or request any money for such use or performance in any way, shape or manner, directly or indirectly.No person shall use or perform upon the instruments in any street or public place before 9:00 a.m. or after 6:00 p.m. of any day, during any part of any Sunday, or within a distance of two hundred fifty(250)feet of any tenement or apartment house or dwelling when directed or requested by any occupant thereof to refrain or discontinue using or performing upon the instrument. (Code 1970, § 12-5) Sec. 11-6. Building operations at night. It shall be unlawful for any person, in conducting any building operations between 7:00 p.m. and 7:00 a.m., to operate or use any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other apparatus, the use of which is attended by loud or unusual noise, except by written permission of the city manager, and then only in case of emergency. (Code 1970, § 12-6) Cross reference—Buildings and building regulations, Ch. 6. Sec. 11-7. Muffling of blowers,power fans and engines. It shall be unlawful to operate or cause to be operated any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noises due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noises so that the same shall not cause annoyance to the public or disturb the rest and quiet of persons residing or occupying property near enough thereto to be annoyed by the unmuffled blower, fan or exhaust of any such engine. (Code 1970, § 12-7) Sec. 11-8. Loudspeakers;hours of use;permit requirements. It shall be unlawful for any person to use or operate any public address or loudspeaker equipment for advertising or sales purposes in any street or public place before 4:00 p.m. or after 5:00 p.m. of any day. No such loudspeaker equipment shall be operated within the city without a written permit from the city manager to operate the same. (Code 1970, § 12-8) 684 NOISE § 11-10 4110 Sec. 11-9. Animal or bird noises. It shall be unlawful for any person to keep or harbor any animal or bird which,by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity. - (Code 1970, § 12-9) Cross reference—Nuisance animal's, § 4-6. Sec. 11-10. Interfering with schools, courts or churches. It shall be unlawful for any person to create any excessive noise on any street adjacent to any school, institution of learning, church or court, while the same is in use, which unreason- ably interferes with the workings of the institution; provided, conspicuous signs shall be displayed in the streets indicating that the same is a school or court street. (Code 1970, § 12-10) • • • [The next page is 735] 685 Chapter 12 NUISANCES* Sec. 12-1. Enumeration. (a) It shall be unlawful for any person, natural or corporate, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a danger- ous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well-being of the community. (b) It is hereby declared to be a nuisance, the enumerations of which are merely indica- tions of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (1) For any person to cause or allow any animal carcus or any filth or substance to be collected, deposited, or to remain in any place to the detriment of public health; (2) For any person to throw, deposit or discharge into or suffer to be collected, deposited or remain in any street, alley or other public place, or in any house, building, premises, sewer, or gutter, any filth, garbage, noxious substance, or any waste paper, rags, or any rubbish of any kind; (3) For any person to allow, suffer or permit any lot or premises, common or place of any kind whatsoever to become neglected so as to become a detriment to public health by weeds growing thereon, or by depositing of rubbish of any kind which may be injurious to the health and well-being of the community; (4) To allow, suffer or permit any stagnant water to accumulate or stand upon .the surface of the ground or upon or within any receptacle or structure deposited or erected, either above or below the ground, without exercising necessary precautions to prevent the propogation of mosquitoes therein; (5) For any person to keep, herd, and feed any animals, such as hogs, horses, chickens, rabbits and guinea pigs in any manner which may be injurious to the health and well-being of any person due to noxious odors, noise, etc. (6) Any attraction which may prove detrimental to any human being, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts,basements, excavations, abandoned refrigerators and motor vehicles, or any structurally unsound fences or structures, or any lumber, debris or vegetation, which may prove a hazard for inquisitive minors. (.7) For any person, either as the owner or occupant of a building, structure, or property to utilize the premises of the property for the open storage of any abandoned motor *Cross references—Nuisance animals, § 4-6;noise, Ch. 11; abandoned,wrecked,junked, inoperable, etc., vehicles, § 21-24. State law references—Abatement of nuisances by injunction, F.S. § 60.05; nuisances injurious to health, F.S. Ch. 386; public nuisances, F.S. Ch. 823. 735 § 12-1 ATLANTIC BEACH CODE • vehicle, icebox, refrigerator, stove, glass, building material, building rubbish, or similar items. (8) To allow, suffer or permit any building or structure which, by act of God, fire, decay or other cause which may become structurally dangerous,unsafe,dilapidated,unsan- itary, or vermin infested to create a hazard to the health or safety of the occupants or the public. (c) For any person to discharge water from a water-source heat pump onto a public street or storm drainage system unless such discharge is approved by the city. (Ord. No. 55-82-20, § 1, 3-22-82) Sec. 12-2. Notices,hearings, abatement of conditions. (a) Whenever it is made to appear to the city manager after investigation that any acts, occurrences or conditions prohibited by section 12-1 have happened or exist within the city, the city manager may, by order in writing, direct any nuisance affecting the sanitary condi- tion of the city or the public health of the city to be abated. The order shall be served upon the owner or occupant or person having the care or custody of the particular property involved, if he is found upon the premises or within the city, or shall be delivered by mail, return receipt requested. In any case where the owner, occupant or custodian cannot be found within the city, after reasonable and diligent inquiry,and whereby the mail is unable to be delivered,the • order shall be posted in a conspicuous place upon the premises. The order shall be worded in the manner similar to the following: "Our records indicate that you are the owner(s) and/or occupant(s) of the following property in the City of Atlantic Beach, Florida: (Description of property). Investigation of this property discloses and I have found and determined that a public nuisance exists thereon so as to constitute a violation of Section 12-1 of the Code of the City of Atlantic Beach, and that(description of the conditions which place the property in violation). "You are hereby notified that unless the condition above described is remedied within fifteen (15) days from the date hereof, the city will remedy this condition at a cost of the work plus a charge equal to 100% of the cost of the work to cover City administrative expenses, which will be assessed the property owner or occupant. If not paid within thirty (30) days after receipt of billing, the invoice amount plus advertising costs, will be posted as a lien on the property. "Within fifteen(15)days from the date hereof, you may make written request to the city commission of the City of Atlantic Beach for a hearing before that body,for the purpose of showing that the above listed condition does not constitute a public nuisance. City of Atlantic Beach City Manager" (b) Within fifteen (15) days after the mailing, serving or posting of notice to him, the owner and/or occupant of the property may make written request to the city commission for a 736 NUISANCES § 12-3 hearing before that body to show that the condition does not constitute a public nuisance. At the hearing, the city and the property owner and/or occupant may introduce such evidence as deemed necessary. (c) If within fifteen (15) days after mailing, serving or posting of the notice, no hearing has been requested, and the condition described in the notice has not been remedied, the city manager shall cause the condition to be remedied by the city at the expense of the property owner and/or occupant. If a hearing has been held and has concluded adversely to the property owner and/or occupant, the city manager or his designee may cause the condition to be remedied by the city at the expense of the property owner and/or occupant unless the city commission otherwise directs. (d) After causing the condition to be remedied, the city manager or his designee shall certify to the director of finance the expense incurred in remedying the condition, whereupon the expense plus a charge equal to one hundred (100) percent of the expense to cover city administrative expenses, plus advertising cost, shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property which shall be payable with interest at the rate of ten (10) percent per annum from the date of the certification until paid. The lien shall be enforceable in the same manner as a tax lien in favor of the city and may 1110 be satisfied at any time by payment thereof including accrued interest. Notice of the lien may be filed in the office of the city clerk. (Ord. No. 55-82-20, § 2, 3-22-82) Sec. 12-3. Penalty for violation of chapter. Any person who violates any provision of this chapter shall, on conviction, be fined not less than fifty dollars($50.00)and not more than one thousand dollars($1,000.00). If any such person shall continue a nuisance after being fined for the same, a new cause of action shall immediately accrue against the person, subjecting the offender to a like penalty as aforesaid. After the rendition of each fine, the continuance of the nuisance shall be deemed a new cause of action. (Ord. No. 55-82-20, § 3, 3-22-82) [The next page is 787] 737 Chapter 13 OFFENSES* Sec. 13-1. State misdemeanors. It shall be unlawful for any person to commit within the city any act which is or shall be recognized by the laws of the state as a misdemeanor, and the commission of such acts is hereby prohibited. (Code 1970, § 14-16) Sec. 13-2. Loitering in,obstructing,etc., streets,public places,etc. (a) No person shall loiter,lounge or sleep in or upon any street,park or public place or in any public building, or obstruct the access to any public building or any part thereof, or obstruct passage through or upon any public street, park or public place. (b) For the purposes of this section, the term "loiter" shall encompass, but shall not necessarily be limited to, one or more of the following acts: (1) Obstruction of the free, unhampered passage of pedestrians or vehicles. (2) Obstructing,molesting or interfering with any person lawfully upon any street,park or other public place. 4110 (3) Conduct involving the concept of standing idly by, loafing, walking about aimlessly without purpose and including the colloquial expression of"hanging around." (c) A person shall be guilty of violating this section only after refusing to move on when so requested by a peace officer, provided the peace officer has exercised his discretion reason- ably under the circumstances in order to preserve or promote public peace and order. (d) For the purpose of this section, the term "other public place" shall be deemed to include the quasi-public area in front of or adjacent to any store, shop, restaurant, luncheon- ette or other place of business, and shall also include any parking lot or other vacant private property not owned or under the dominion of the person charged with a violation of this section. (Code 1970, § 14-7) Cross references—Streets, sidewalks and other public places, Ch. 19; obstructing free passage of streets and sidewalks prohibited, § 19-1. Sec. 13-3. Discharging firearms, air guns, etc.,prohibited. (a) It shall be unlawful to discharge any firearm or any loaded air gun, air rifle, air pistol or similar device within the city. (b) This section does not apply to a person lawfully defending life or property or perform- ing official duties requiring the discharge of a firearm. (Code 1970, § 14-17) State law reference—Discharging firearm in public, F.S. § 790.15. 111 *Cross references—Police, Ch. 15; traffic and motor vehicles, Ch. 21. 787 § 13-4 ATLANTIC BEACH CODE Sec. 13-4. Drug paraphernalia—Definitions. 1111 The following words and phrases, when used in sections 13-4 and 13-5, shall, for the purposes of sections 13-4 and 13-5, have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: Cocaine spoon shall mean a spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon.A cocaine spoon may or may not be labeled as a "cocaine" spoon or "coke" spoon. Controlled substance shall mean any drug or substance named or described in F.S. § 893.03, Schedules I through V, as amended, commonly known as the Florida Comprehensive Drug Abuse Prevention and Control Act. Marijuana or hashish pipe shall mean a pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen. Paraphernalia shall mean an empty gelatin capsule, hypodermic syringe or needle, co- caine spoon, marijuana pipe, hashish pipe, or any other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance. (Ord. No. 95-80-19, § 2, 2-25-80) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 13-5. Same—Sale, display,etc.,of paraphernalia,prohibited;exceptions. (a) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away any empty gelatin capsule,hypodermic syringe or needle,cocaine spoon,marijuana pipe, hashish pipe or any other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance as enumerated in F.S. § 893.03, Sch. I—V, as amended, commonly known as the Florida Comprehensive Drug Abuse Prevention and Control Act. (b) The prohibition contained in this section shall not apply to manufacturers, wholesal- ers,jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropo- dists,veterinarians,pharmacists or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma or any other medical condition requiring self-injection. (Ord. No. 95-80-19, § 3, 2-25-80) State law reference—Use, possession, manufacture, delivery or advertisement of drug paraphernalia, F.S. § 893.147. [The next page is 839] 788 Chapter 14 PLANNING* Art. I. In General, §§ 14-1-14-15 Art. H. Advisory Planning Board, §§ 14-16-14-22 ARTICLE I. IN GENERAL Sec. 14-1. Comprehensive plan. (a) The comprehensive plan of the city, entitled "City of Atlantic Beach Comprehensive Plan," is incorporated herein by reference, including the comprehensive plan land use ele- ment map, which is an integral part of the plan, is hereby adopted for the area of jurisdiction of the city pursuant to the Local Government Comprehensive Planning Act of 1975. (b) Not less than one (1) copy of the comprehensive plan, and any subsequent amend- ments thereto, shall be maintained for public inspection in the office of the city clerk, and not less than one (1) additional copy, and any subsequent amendments thereto, shall be main- tained for public inspection in the office of the city manager. (Ord. No. 95-81-23, §§ 1, 2, 6-26-81) Secs. 14-2-14-15. Reserved. ARTICLE IL ADVISORY PLANNING BOARDt Sec. 14-16. Created. There is hereby created an advisory planning board. (Code 1970, § 2-6) Sec. 14-17. Composition; qualifications of members;officers. The advisory planning board shall consist of four (4) members appointed by the city commission, none of whom shall hold any other public office or position in the city. The city commission shall select one (1) city commissioner to serve on the board with a vote only in *Cross references—Administration, Ch. 2; buildings and building regulations, Ch. 6; flood hazard districts, Ch. 8; mobile homes and recreational vehicles, Ch. 10; signs and advertising structures, Ch. 17;streets,sidewalks and other public places, Ch. 19;utilities, Ch. 22; zoning and subdivision regulations, Ch. 24. State law references—State comprehensive planning, F.S. § 23.011 et seq.; Local Gov- ernment Comprehensive Planning Act, F.S. § 163.3161 et seq. • 'Cross references—Administration,Ch. 2;boards and commissions generally, § 2-131 et seq. 839 § 14-17 ATLANTIC BEACH CODE case of a tie vote by appointive members. The city manager shall serve as an ex officio . 4110 member of the board without vote. The board shall elect its chairman and other necessary officers from among the appointive members. (Code 1970, § 2-7) Sec. 14-18. Terms of office of members;filling of vacancies. The term of the appointive members of the advisory planning board shall be for four (4) years; except, that the first members appointed shall serve staggered terms. The commis- sioner selected to serve shall serve for a term of one (1) year, and may succeed himself. All terms shall expire on December thirty-first of the proper year. Any vacancy during the unexpired term of an appointive member shall be filled by the city commission for the remainder of the term. (Code 1970, § 2-8) Sec. 14-19. Removal of members. Any member of the advisory planning board may be removed for cause by the city commission upon written charges and after public hearing. (Code 1970, § 2-9) Sec. 14-20. Duties. The advisory planning board shall have the duty,responsibility and authority to: (1) Make recommendations to the city commission for the physical development of the city; (2) Exercise supervisory control over planning or subdividing land within the city, following the standards established by the city commission pertaining to such plan- ning or subdividing; (3) Recommend to the city commission proposed changes in the official map of the city; (4) Recommend to the city commission proposed changes in the provisions of chapter 24 of this Code; (5) Submit to the city commission their recommendation concerning all applications for changes in the provisions of chapter 24 referred tothem by the city commission; (6) Submit annually to the city manager, not less than one hundred twenty (120) days prior to the beginning of the budget year, a list of recommended capital improve- ments which,in the opinion of the board, are necessary or desirable to be constructed. The list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year; (7) Promote public interest in and understanding of the planning,zoning and beautifica- tion of the city; (8) Meet on a regularly scheduled day each month and periodically on call, and keep a 1111 public record of all its meetings,resolutions,findings and determinations; 840 PLANNING § 14-22 • (9) Require information from other departments of the city government in relation to its work, which information shall be furnished to them within a reasonable time; (10) Request additional assistance for special survey work of the city manager, who may, at his discretion, assign to the board members of the staff of any administrative department or direct such department to make a special study requested by the board; (11) Recommend to the city commission plans for the planning,replanning, improvement and redevelopment of the city; (12) Recommend to the city commission plans for the replanning, reconstruction or rede- velopment of any area or district which may be destroyed in whole or in part or seriously damaged by fire, earthquake,flood or other disaster. (Code 1970, § 2-10) Sec. 14-21. Certification of plans and recommendations to city commission. All plans or recommendations of the advisory planning board, in order to be accorded official cognizance by the city commission,must be certified to the city commission by any one officer of the advisory planning board as the official act of the board,duly passed by a majority vote of the board as distinguished from the personal views or desires of any single member or group of members of the board. This provision is not intended as prohibiting the board from submitting alternate plans or recommendations or of submitting minority plans or recom- mendations in certain cases when so approved by a majority vote of the board to be also certified to the city commission for consideration. (Code 1970, § 2-11) Sec. 14-22. Local planning agency. The advisory planning board is hereby designated as the local planning agency for purposes of comprehensive planning in compliance with the requirements of F.S. § 163.3174. (Code 1970, § 2-1.3) [The next page is 891] 841 Chapter 15 POLICE* Art. I. In General, §§ 15-1-15-15 Art. II. Disposition of Confiscated or Lost Property, §§ 15-16-15-21 ARTICLE I. IN GENERAL Sec. 15-1. Additional court costs assessed for police training. There is hereby assessed by the city, in compliance with F.S. § 943.25(8Xa), an additional two- dollars ($2.00) as court cost against every person convicted for violation of a municipal ordinance in any proceedings, except for violations relating to parking of vehicles. Further, two dollars($2.00)shall be deducted from every bond estreature or forfeited bail bond related to the penal ordinances for any offense,except that relating to parking of vehicles. Such funds as levied and assessed as additional court costs or taken from the bonds shall be used exclusively for law enforcement education expenditures for members of the police department. Secs. 15-2-15-15. Reserved. 4110 ARTICLE II. DISPOSITION OF CONFISCATED OR LOST PROPERTYt Sec. 15-16. Sale of confiscated property. When requested by the chief of police, and in the time and manner ordered by the county court, any personal property entered into evidence or otherwise coming into the custody of the court during the progress of any case, and not claimed by or returned to the owner or any person claiming interest therein within sixty (60) days, shall, if of any appreciable value, be sold or offered for sale at public sales conducted by the city clerk. If no claim is made within thirty(30)days after a sale, proceeds shall be paid over to the general fund. (Code 1970, § 2-1.2(a)) Sec. 15-17. Sale of lost and found property. All lost and found properties which have come into the possession of the police depart- ment and have not been claimed by the owner or any person claiming an interest therein within ninety(90)days may, at the request of the chief of police and upon order of the county court,be disposed of by sale in the same manner as described in section 15-16. (Code 1970, § 2-1.2(b)) *Cross references—Administration, Ch. 2; police department, § 2-51 et seq.; offenses, Ch. 13; traffic and motor vehicles, Ch. 21. 'State law references—Seized, abandoned, wrecked or derelict property, F.S. Ch. 705; 4110 supplemental procedure for removal and destruction of abandoned property of nominal sal- vage value only, F.S. § 705.16;Florida Contraband Forfeiture Act, F.S. § 932.701 et seq. 891 -§ 15-18 ATLANTIC BEACH CODE Sec. 15-18. Notice of sales. Notice of all sales shall be given by the city clerk by advertising once each week for two (2)successive weeks in a newspaper published within the county. (Code 1970, § 2-1.2(c)) Sec. 15-19. Hours of sales. All sales of property shall take place between the hours of 10:00 a.m. and 2:00 p.m. any day of the week as designated by the city clerk. (Code 1970, § 2-1.2(d); Ord. No. 5-83-13, § 1, 12-12-83) Sec. 15-20. Destruction. If any of the confiscated, lost and found properties described in sections 15-16 and 15-17 are of no appreciable value, the city commission may order the destruction of same by the chief of police. (Code 1970, § 2-1.2(f)) Sec. 15-21. Transfer of unclaimed or confiscated property for use by city or other governmental agency. Any property unclaimed or confiscated for a period of ninety (90) days or more that can serve a useful productive service to the city or to another governmental agency may be placed on the city inventory and transferred to any department within the city or transferred or sold to another governmental agency upon approval of the city commission. (Code 1970, § 2-1.2(g); Ord. No. 5-83-13, § 2, 12-12-83) [The next page is 943] 892 Chapter 16 REFUSE AND GARBAGE* Sec. 16-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the mean- ings respectively ascribed to them by this section: Commercial A unit shall mean any business establishment, store, house or shop, other than a grocery, food store or bar. Within this classification are, by way of example, amuse- ment houses, drug and sundry stores, dry goods and hard goods stores,package houses,filling stations and offices. Commercial B unit shall mean any food processing plant, light manufacturing plant, bar or any restaurant seating less than twenty-five (25) persons, or any small food or grocery store. Commercial C unit shall mean any restaurant seating twenty-five (25) or more but less than one hundred(100)persons,any drive-in restaurant or any large grocery store or supermarket. Commercial C-1 unit shall mean any restaurant seating one hundred (100) or more 110 persons. Commercial D unit shall mean any building with a business establishment and apart- ments or living units under the same roof, or on the same lot. Commercial E unit shall mean any tourist court or trailer park. Commercial F unit shall mean any hotel. Garbage shall mean every refuse accumulated from cooking, cleaning and housekeeping. Garbage can shall mean a can of the type commonly sold as a garbage can, in good condition and covered with a tight-fitting lid. Garden trash shall mean all the refuse accumulated from the care of lawns, shrubbery or vines and tree limbs. Residence A unit shall mean a residence occupied by and the place of abode of a single family where one(1)kitchen only is provided and maintained. Residence B unit shall mean duplex residences under a single roof,or apartments consist- ing of two (2) or more units under a single roof, or a primary and secondary dwelling on the same lot. (Code 1970, § 18-1) Cross reference—Definitions and rules of construction generally, § 1-2. 4110 *Cross references—Littering on the beaches, § 54; occupational license tax for garbage and trash collectors, § 20-59; utilities, Ch. 22; accumulation of weeds, § 23-36 et seq. 943 AB 1366 § 16-2 ATLANTIC BEACH CODE Sec. 16-2. Garbage cans and trash containers. (a) Required. All residents or occupants of residences, apartments or places of business within the city shall provide garbage cans of sufficient capacity to hold two(2) days' accumu- lation of garbage. (b) Storage. Garbage cans set out for garbage collection shall not be placed closer than twenty (20) feet to the street from which garbage service is rendered, nor farther back than the building line. Garbage can blinds, which are in architectural harmony with the building, or underground containers,may be placed anywhere between the building and the street from which garbage service is rendered,but in no case shall they be located on public property.Any residence or commercial unit to which this section creates a hardship to either the resident of the property or the city sanitation department for placement of containers for garbage service shall apply to the building official, who shall thereupon determine the location at which garbage cans shall be placed. Garbage cans not in underground containers or blinds shall not be left in a front yard overnight. Garbage cans located other than as described in this section shall not be emptied. In cases where lots run from street to street, the provisions of this section applicable to front yards shall also apply to rear yards. (c) Inspection and approval. All garbage and trash cans shall be subject to inspection and approval or condemnation by the inspectors of the sanitation department of the city, and no appeal from the condemnation shall be possible except to the city commission. (d) Emptying contents. All garbage cans and trash containers shall be emptied at least once each day, except Sunday, and the contents thereof shall be disposed of at least once each day, except Sunday, in residential districts and as designated by the city manager in the business districts. (Code 1970, § 18-2(a)—(d)) Sec. 16-3. Leaves and grass clippings;tree trunks. Leaves and grass clippings shall be placed for collection at the curb in either a receptacle meeting the standard for garbage collection or a disposable plastic or waterproof paper bag securely fastened at the opening. Tree trunks, stumps, limbs, trimmings or waste building materials shall not exceed five (5)feet in length nor shall any single item exceed a weight of more than fifty(50)pounds. (Code 1970, § 18-2(e)) Sec. 16-4. Burial of garbage. No garbage shall be buried upon the premises of the person by whom the garbage is accumulated. No garbage shall be buried elsewhere in the city except upon written permit of the city manager. (Code 1970, § 18-3) Sec. 16-5. Depositing on vacant lots,streets,parks,etc.,prohibited; compost piles. (a) It shall be unlawful to deposit garbage, trash, bottles, cans or containers upon any vacant or unoccupied premises of the city, or upon any street, alley or park. 944 AB 1367 REFUSE AND GARBAGE § 16-7 1111 (b) It shall be unlawful for any person to deposit garden trash upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or upon any other lot or premises, or a street, plaza, alley or park, or in any canal, waterway, lake or pool within the city. Garden trash containing no combustible matter or matter which will, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. (Code 1970, § 18-4) State law reference—Florida Litter Law, F.S. § 403.413. Sec. 16-6. Permit for collection,removal,transportation and disposal. (a) No person shall remove garbage or trash from any premises in the city, or transport garbage or trash through the streets or alleys or public ways of the city,or dump,incinerate or in any other manner dispose of garbage or trash originating in the city, or contract for or permit himself to be employed or engaged for any such removal, transportation or disposal, without first having secured a permit for such services from the director of finance. Before issuing the permit, the director of finance shall require the execution of an application form, to be furnished by him, showing the names of the principal officers and the names of the persons who are to actually perform the services for the corporation, together with the business and home addresses of each of the persons, a description of the equipment to be used in the removal, transportation and disposal and the exact location of and the method of disposal, which application shall be submitted to and approved by the city commission as a prerequisite to the issuance of the permit. When the application specifies a point of disposal beyond the limits of the city,the city manager shall determine that the disposal of garbage at the point named, and by the method described in the application are satisfactory to the proper authorities of the county or of the municipality, if the point is within a municipality. No permittee under this section shall change any of the personnel names in the application, nor any of the equipment used for removal or transportation, nor the location or method of disposal, as described in the application, without first having reported the changes to the city manager and secured his approval and permission therefor, and in the cases of changes in the location and method of disposal, if beyond the limits of the city, the changes shall also be approved by the proper authorities of the county or of the municipality within which the disposal point is located. (b) The city reserves the right to reject any application without the necessity for showing cause of the action, provided the contractor undertakes to perform work not in the best interests of the city. (Code 1970, § 18-5) Sec. 16-7. Fees for collection. All residents, occupants and owners of premises in the city who have not arranged for private disposal of garbage and trash as elsewhere authorized in this article shall have accumulations of garbage and trash removed and disposed of by the sanitation department of the city, and for the service of garbage and trash removal shall pay the director of finance the sums shown below for each service: 945 AB 1368 § 16-7 ATLANTIC BEACH CODE (1) Residence A unit: For each residence A unit, fourteen dollars($14.00)per quarter. 4110 (2) Residence B unit: For each residence B unit, fourteen dollars ($14.00) quarterly per living unit. (3) Residence C unit: For each residence C unit, fourteen dollars ($14.00) quarterly per living unit; if central pickup of garbage and trash placed in containers, two (2) cubic yards furnished and maintained by the city, one hundred forty-five dollars ($145.00) quarterly per container. (4) Commercial A unit: For each commercial A unit,twenty dollars ($20.00) quarterly. (5) Commercial B unit: For each commercial B unit,twenty-five dollars($25.00)quarterly. (6) Commercial C unit: For each commercial C unit, one hundred forty-five dollars ($145.00) quarterly per container. (7) Commercial C-1 unit: For each commercial C-1 unit, one hundred forty-five dollars ($145.00) quarterly per container. (8) Commercial D unit: For each commercial D unit, the fee for the business unit as shown in this section,plus the sum of fourteen dollars($14.00)quarterly or each and . every living unit. - (9) Commercial E unit: For each commercial E unit, fourteen dollars ($14.00) for each unit with kitchen facilities and five dollars and fifty cents ($5.50) quarterly for each unit without kitchen facilities, or one hundred forty-five dollars($145.00)per container. (10) Commercial F unit. For each commercial F unit, one hundred forty-five dollars ($145.00)per container quarterly. (11) Commercial units with container service: Commercial units required to install con- tainer service by the head of the sanitation department shall pay one hundred forty-five dollars ($145.00) quarterly for each container; this fee includes garbage service and maintenance of container. (Ord. No. 55-81-18, 9-28-81) Sec. 16-8. Noncomplying trash collection. The city shall not be required to collect any trash which does not comply with this chapter. (Code 1970, § 18-2(1)) Sec. 16-9. Removal of lot clearing,contractors' debris;oil and grease. Trash and debris caused from the operation of lot cleaning or clearing and contractors' • debris caused from building, rebuilding or otherwise altering of buildings or structures shall be removed by the owner or contractor performing the work. Spent oils or greases accumu- lated at garages,filling stations or similar establishments will not be removed by the city. (Code 1970, § 18-8) 946 SAB 1369 REFUSE AND GARBAGE § 16-10 Sec. 16-10. Prima facie evidence of production of garbage; duty of city to inspect premises.. Any place of abode or any place of business occupied or in operation shall be prima facie evidence that garbage is being produced and accumulated on the premises. It shall be the duty of the proper representatives of the city to inspect and supervise the premises and remove all refuse and garbage found on the premises, provided the required fees as required by this chapter have been paid by the resident or occupant, it to notify the proper persons if the removal is not the duty of the city (Code 1970, § 18-9) 41110 41) [The next page is 997] 947 AB 1370 " I Chapter 17 SIGNS AND ADVERTISING STRUCTURES* Art. I. In General, §§ 17-1-17-30 Art. IL Permit, §§ 17-31-17-35 ARTICLE I. IN GENERAL Sec. 17-1. Certain signs exempted from operation of chapter. The following signs are expressly excluded from the operation of this chapter: (1) Decals affixed to or signs painted on store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (2) Signs wholly within a building. (3) Memorial signs,tablets or plaques,or the name of a building and the date of erection, when the same are cut into any masonry surface or when constructed of bronze or other incombustible material. (4) Small professional nameplates for physicians,surgeons,dentists,musicians,lawyers, 1110 architects, teachers and other like professional persons placed on the premises occu- pied by the persons, and not exceeding more than one (1) square foot in area, in all areas except business or industrial zones. (5) Occupational signs denoting only the name and profession of an occupant in a commercial building or public institutional building, placed flat against the exterior surface of the building and not exceeding three(3)square feet in area. (6) Not more than one(1)real estate sign advertising the sale,rental or lease of only the premises on which it is maintained. Such sign shall not be more than four(4)square feet in area and shall conform to required setback lines. (7) Signs noting the architect, engineer or contractor when placed upon work under construction; provided, the sign shall be removed within fifteen (15) days of comple- tion of construction. The signs shall not be larger than necessary to display the names of persons or firms performing labor or supplying materials to the premises. (8) Traffic signs,legal notices,danger signs and temporary emergency or nonadvertising signs, erected by the city, county, state or federal authorities. (9) "No trespassing" and "private property" signs not exceeding sixty-six (66) square inches in area. *Cross references—Buildings and building regulations, Ch. 6;planning, Ch. 14;occupa- tional license for advertising, § 20-59;zoning and subdivision regulations, Ch. 24. State law references—Authority to establish sign ordinances, F.S. § 166.0425; outdoor advertisers, F.S. Ch. 479. 997 § 17-1 ATLANTIC BEACH CODE (10) "Vacancy" or "no vacancy" signs not exceeding sixty-six(66)square inches in area. (11) Directional signs of any religious, charitable,,fraternal or civic organizations or business establishments operated within the city, having a meeting place, clubhouse or other site within the city for the purpose of indicating the place where such clubhouse,meeting place or site is located in the city. Such directional signs shall not exceed three (3)feet by four(4)feet and not more than ten(10)feet in overall height above ground level. These directional signs shall not exceed four (4) in number for each business or organization and shall be no less than one thousand(1,000)feet from another directional sign of the same business or organization. Any directional sign existing on May 13, 1968, shall be allowed to remain until such time as the condition of the sign becomes unsafe, unsightly or in need of major repairs, at which time it shall be removed. Structural repairs to existing signs shall not be made without a permit. Before any directional signs can be installed after May 13, 1968, a permit shall be obtained from the city specifying design,lighting, if any, and location. (12) Bulletin boards not over fifteen (15) square feet in area for public, charitable or religious institutions, when the same are located on the premises of the institutions. (13) Signs announcing the candidacy of a candidate for public office not exceeding four(4) square feet in area. The signs shall be limited to four(4)locations within the city for each candidate, and written authorization from the property owner for placing any such sign shall be obtained and filed with the city manager by the candidate or his 11111 agent.The placing of the signs on public property is expressly prohibited. All permit- ted signs will be removed by the candidate within seventy-two (72)hours after final election. (14) Signs erected at entrances to subdivisions or new developments which contain not less than ten (10) houses or lots. Any such signs shall not exceed twenty-four (24) square feet in area. (15); Signs posted on public service benches. Advertising signs on benches shall be regu- lated by contract by the city commission. (Code 1970, § 20-1; Ord. No. 60-81-4, § 1, 7-13-81) Sec. 17-2. Signs permitted. (a) Signs displayed or erected which advertise the particular building or property on which the sign is located, or some merchandise or service dispensed or rendered on the same premises on which the sign is located, are permitted, subject to subsection (b) of this section and all other provisions of this chapter. No other billboard, sign,banner, marquee, canopy or awning sign of any kind, except those signs specifically exempted in section 17-1,. shall be displayed or erected in the city. (b) The following signs, are permitted in the city,subject to the restrictions set out below: (1) Flat signs. A flat sign is any sign erected parallel to the face of or on the outside of any building and supported through its length by such wall, or any sign in any way 998 SIGNS AND ADVERTISING STRUCTURES § 17-2 410 applied flat against a wall. Such signs shall not in any case project more than twelve (12) inches from the face of the building, nor shall they extend above the adjoining eave line on a building with a pitched roof.No portion of any such sign which extends over city property shall be less than eight (8) feet above the sidewalk grade of any street or avenue, or fifteen (15)feet above the crown grade where the sign is located parallel to and abutting on an alley. No flat sign shall utilize or occupy an area greater than fifteen (15) percent of the side of the building to which the sign is attached. (2) Horizontal projecting signs. A horizontal projecting sign is any sign projecting at an angle from the outside wall of any building and which has its greatest dimension in a horizontal plane. These signs shall not have more than sixty (60) square feet of horizontally projected area, as calculated from any angle. There shall be not over twelve (12)inches of clear space adjacent to the building wall, and the signs shall not extend or project from the face of the building more than ten(10)feet. No part of the sign shall extend above the top of the adjoining parapet wall on a building with a flat roof or above the adjoining eave line on a building with a pitched roof. No part of any such sign shall be closer than eight (8) feet to any sidewalk or pedestrian walkway, nor closer than twelve(12)feet to any street,alley or highway where vehicular traffic may move. All such signs shall be anchored to a wall and shall inno manner be 4110connected to or suspended from the roof of any building. (3) Vertical projecting signs. A vertical projecting sign is any sign projecting at an angle from the outside wall of any building and which has a vertical dimension equal to or exceeding the horizontal dimension. Such signs shall not have more than ninety(90) square feet of horizontally projected area, as calculated from any angle; and shall not project more than four(4)feet from the building to which they are attached, nor shall the vertical height of the sign exceed eighteen(18)feet.No part of any such sign shall extend more than six(6)feet above the top of the adjoining parapet wall or a building with a flat roof, nor more than six(6)feet above the adjoining eave line on a building with a pitched roof. All such signs shall be anchored to the wall and shall not be connected to or suspended from the roof of any building. (4) Roof signs. A roof sign is any sign erected completely over the roof of any building. These signs shall have not more than one hundred eighty(180)square feet of horizon- tally projected area, as calculated from any angle. The overall height above the roof shall not exceed fourteen (14) feet. Any such sign shall have a clear space immedi- ately above the roof of not less than seventy-five(75)percent of its length. Roof signs shall be placed so that the least distance from any building line measured perpendic- ular to the face of the sign shall not be less than the total height above the roof. No roof sign shall extend horizontally past the building lines of the roof. (5) Pole signs. A pole sign is any sign erected on one(1)or more poles and which is wholly or partially independent of any building for support. These signs shall have not more than one hundred eighty (180) square feet of horizontally projected area, as calcu- lated from any angle, and shall be limited to one(1)square foot of area for each lineal 999 § 17-2 ATLANTIC BEACH CODE foot of frontage of the lot on which the signs are placed. The height of any self- supporting sign shall not exceed thirty-five (35) feet. One (1) such pole sign shall be allowed on the street side of each lot;provided, where a lot faces on more than one(1) street,then one(1)such sign shall be permitted on each street side of the lot. Where a pole sign is located on property used as a shopping center, the pole sign shall be limited in area to one(1)square foot of area for each lineal foot of frontage of the lots or parcel of land upon which the shopping center is located and on whichthe pole signs are placed; provided, no pole sign for the shopping center shall exceed three hundred (300) square feet of horizontally projected area, as calculated from any angle. For the purposes of this chapter, a shopping center is defined as a group of stores or businesses, two(2) or more in number, which are housed in one (1) or more buildings which are set back from the street or highway on which the building or buildings shall have their maximum frontage a distance of not less than one hundred (100)feet, and on which setback area motor vehicle parking is permitted for custom- ers of the business carried on on the premises. (6) Marquee or awning signs. A marquee or awning sign is any sign placed flat along and on the edge of a marquee or an awning. These signs shall have a minimum clearance of eight (8) feet above any area where pedestrians may walk, and shall not extend below the bottom edge of the marquee or awning. (Code 1970, §§ 20-2, 20-22) Sec. 17-3. Bond or public liability insurance required for certain signs. (a)'Bond. The owner or person in control of any sign whatsoever, suspended over or extending into any public right-of-way more than one(1)foot beyond the property line,and the owner of any sign described in section 17-32, shall execute a bond in the sum of ten thousand dollars ($10,000.00), with sureties approved by the city manager, indemnifying the city against all loss, cost, damage or expenses incurred or sustained by, or judgments recovered against, the city, or by any of its officers, employees, appointees or servants, by reason of the construction or methods of any signs whatsoever, and also conditioned to' indemnify any person for any injury sustained by reason'of the construction or maintenance. (b) Insurance. In lieu of the bond required in subsection (a) of this section, there may be substituted therefor public liability and property damage insurance by any insurance com- pany authorized to do business in this state in the same amounts and with the same condi- tions as required by subsection(a)of this section. ' (Code 1970, § 20-6) ' Sec. 17-4. Fire and traffic hazards;interference with use of streets and sidewalks. No sign shall create a traffic or fire hazard, or be dangerous to the general welfare or interfere with the free use of public streets or sidewalks. (Code 1970, § 20-7) Cross references-Fire prevention and protection, Ch. 7; traffic and motor vehicles, Ch. 21. 1000 SIGNS AND ADVERTISING STRUCTURES § 17-9 • Sec. 17-5. Obstructing vision or view; confusion with,use of words on traffic-control signs. No sign or other advertising structure permitted by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, or at any location where,by reason of position,shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device, or which makes use of any word or words commonly used on traffic-control signs or signals. (Code 1970, § 20-8) Sec. 17-6. Obstructing doors, windows and fire escapes. No sign shall be attached to or placed against a building in such a manner as to prevent ingress or egress through any door or window of any building, nor shall any sign obstruct or be attached to a fire escape. (Code 1970, § 20-11) Cross reference—Fire prevention and protection, Ch. 7. Sec. 17-7. Maintenance generally;removal of damaged signs. All signs shall be kept in good condition, neat appearance and good state of repair. Any sign at least twenty-five (25) percent destroyed shall be immediately removed at the'owner's expense and a new permit secured before the sign is replaced.If not repaired within thirty(30) days after written notice from the city manager, the sign shall constitute a public nuisance and shall be removed. (Code 1970, § 20-10) • Sec. 17-8. Signs,posters,etc.,prohibited on sidewalks,utility poles,walls,etc.;exception. No person shall paint,paste,print,nail or fasten,in any manner whatsoever,any banner, sign, paper or any advertisement or notice of any kind whatsoever, or cause the same to be done, on any curbstone, flagstone, pavement or any other portion or part of any sidewalk or street or upon any tree, lamppost, private wall, window, door, gate, fence, telephone or telegraph pole, hydrant, workshop or toolshed or upon any structure within the limits of any streets within the city, unless otherwise permitted under this chapter. Legal notices required by law to be so posted are hereby excepted. (Code 1970, § 20-12) Cross references—Streets, sidewalks and other public places, Ch. 19; utilities, Ch. 22. Sec. 17-9. Minimum height above sidewalks;maximum projection. No sign of any kind shall be permitted to extend into or above or be anchored or placed in any portion of the right-of-way of a city street or public sidewalk,except official city, state and county signs unless the signs be permanently attached to an existing building and be located more than eight(8)feet above the sidewalks or finished grade,and extend not more than eight 1110 (8) feet in a horizontal direction from the building to which attached, and in no case closer than one (1)foot to the curbline. (Code 1970, § 20-13) 1001 § 17-10 ATLANTIC BEACH CODE Sec. 17-10. Blinker,beacon and spotlights. The use of flashing, revolving or blinker-type outdoor lights of any type, within one hundred fifty (150) feet of any right-of-way conducting vehicular traffic within the city, is prohibited. No spotlight, beacon or floodlight shall be permitted except where such beacon, spotlight or floodlight is nonrevolving and in a fixed position, and shines only on the owner's premises and away from any street or roadway. All police vehicles, ambulances and other official safety vehicles are exempt from the provisions of this section. (Code 1970, § 20-14) Sec. 17-11. Securing signs. All signs permitted to be erected under this chapter shall be firmly secured to the ground or structure upon which the same are placed. (Code 1970, § 20-15) Sec. 17-12. Setback requirements; compliance with electric code, electrical permits. All advertising sign shall meet all setback requirements of chapter 24. All neon and electric signs shall meet the provisions of the electrical code of the city and have an electric permit for construction. (Code 1970, § 20-16) Cross reference—Electrical code, § 6-31 et seq. Sec. 17-13. Installation of electrical wiring,etc.,by licensed electricians. 1111 All electrical wiring, electrical connections and electrical appurtenances pertaining to the installation and maintenance of neon lighting and electric signs of all types shall be installed by an electrician licensed by the city. (Code 1970, § 20-17) Sec. 17-14. Static electricity. No sign shall be constructed or maintained of which all or any part causes static electric- ity or otherwise interferes with radio or television reception. (Code 1970, § 20-18Y Sec. 17-15. Proximity to electrical conductors. No sign shall be erected closer than five (5) feet to any overhead electrical conductor, where the difference in potential between any two(2)conductors or between one(1)conductor and ground exceed four hundred eighty(480)volts. (Code 1970, § 20-19) Sec. 17-16. Concealing rear of sign structure. Where the rear of any sign structure is visible from any street or from any adjoining residential district in the city, all exposed structural members of any such sign shall be concealed by painting, latticework or as otherwise agreed to with the city manager. (Code 1970, § 20-21) • 1002 SIGNS AND ADVERTISING STRUCTURES § 17-32 • Sec. 17-17. Nonconforming signs. All signs and billboards for which permits were issued b the city which are made nonconforming by the enactment of this chapter may remain nonconforming until such time as their condition requires replacement, relocation or material repair thereto, whereupon the signs shall then be made to conform with the provisions of this chapter. (Code 1970, § 20-24) Secs. 17-18-17-30. Reserved. ARTICLE II. PERMIT Sec. 17-31. Required. It shall be unlawful for any person to install, alter or relocate any sign, marquee, canopy, awning or other advertising structure permitted under section 17-2 without first obtaining a permit from the city manager and making payment to the city clerk of the required fee. All illuminated sign shall, in addition, be subject to the provisions of the city electrical code and any permit fees required thereunder. (Code 1970, § 20-3) Sec. 17-32. Application. Application for sign permits shall be made upon blanks provided by the city manager, and shall contain or have attached thereto the following information: (1) The name, address and telephone number of the applicant; (2) Whether the applicant is the owner or lessee, and if the latter, show authority from the owner; (3) The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected; (4) A plot plan showing the position of the sign or other advertising structure in relation to nearby buildings or structures; (5) A blueprint or ink drawing of the plans and specifications and method of construction and attachment to the building or in the ground; (6) The name of the person erecting the structure; (7) Any electrical permit required and issued for the sign; 41) (8) Registered engineer's drawings must be submitted with applications for roof signs over fifty (50) square feet in area, and for any sign the top of which is more than seventeen (17) feet above the ground or weighing more than one thousand (1,000) 1003 § 17-32 ATLANTIC BEACH CODE • pounds, or any solid sign of area more than thirty (30) square feet, showing that the sign will be erected to withstand a wind pressure of at least thirty-five (35) pounds per square foot and that the weight of the sign will be amply supported by the roof of the building or the ground support on which it is to be erected; (9) Such other information as the city manager shall require to show full compliance with this chapter and all other laws and ordinances of the city. (Code 1970, § 20-4(a)—(i)) Sec. 17-33. Computation of sign area. Sign area shall be computed as the smallest square rectangle,triangle, circle or combina- tion thereof which will encompass the entire advertising area excluding architectural trim and structural supports. When computing sign area, only one(1)side of a sign containing two (2)faces shall be computed. (Code 1970, § 20-4(k)) Sec. 17-34. Fees. Fees to be paid for sign permits shall be as follows: (1) Neon and electric signs: 15 square feet or fraction thereof $ 3.00 Over 15 square feet to 30 square feet 4.50 Over 30 square feet to 45 square feet 6.00 Over 45 square feet to 60 square feet 10.00 Over 60'square feet 15.00 Vertical signs with ladder 25.00 (2) Nonelectric detachable signs and pole and self-supporting signs: First 6 square feet or fraction thereof $ 1.00 Over 6 square feet to 12 square feet,inclusive 2.00 Over 12 square feet to 20 square feet,inclusive 3.00 Each additional square foot or fraction per square feet 0.10 (3) Marquee or awnings: Per lineal foot $ 0.20 Minimum fee 3.00 (4) Neon display and outline lighting, including transformers: Up to and including 3 transformers $ 3.00 Each additional transformer 1.00 (5) Painted wall signs on buildings: Up to and including 100 square feet 1.50 Each additional 100 square feet,or fraction thereof 1.50 (Code 1970, § 20-5) • 1004 SIGNS AND ADVERTISING STRUCTURES § 17-35 Sec. 17-35. Maintenance of signs on state highway rights-of-way. When a permit is issued for the erection or maintenance of any sign which is to be located on the right-of-way of any state highway in the city, it shall be understood that the permit does not waive any requirements of state law or rules and regulations of the state department of transportation with reference to maintaining signs within any state highway right-of-way. (Code 1970, § 20-4(j)) [The next page is 1055] 1005 41) Chapter 18 SOLICITORS* Art. I. In General, §§ 18-1-18-15 Art. II. Permit, §§ 18-16-18-21 ARTICLE I. IN GENERAL Sec. 18-1. Defined. The term "solicitor," for the purpose of this chapter, means a person who goes from door to door visiting multifamily or single-family dwellings for the following purposes: (1) To sell any goods, wares or merchandise or accept subscriptions or orders therefor; (2) To accept or request donations for any charitable purpose. (Code 1970, § 21-1) Cross reference—Definitions and rules of construction generally, § 1-2. 4110 Sec. 18-2. Prohibited acts. No person shall: (1) Enter into or upon residential premises in the city under false pretenses to solicit for any purpose or for the purpose of soliciting orders for the sale of goods, wares or merchandise; (2) Remain in or on any residential premises after the owner or occupant has requested any such person to leave; (3) Enter upon any residential premises for soliciting, when the owner or occupant has displayed a"no soliciting" or "no peddlers" sign on the premises. Secs. 18-3-18-15. Reserved. ARTICLE II. PERMIT Sec. 18-16. Required. No person shall engage in the practice of soliciting in the city without a permit as provided for in this article. (Code 1970, § 21-6(d)) *State law reference—Solicitation of Charitable Funds Act, F.S. § 496.01 et seq. 1055 § 18-17 ATLANTIC BEACH CODE 1111 Sec. 18-17. Registration and fingerprinting required. All persons, before entering into or upon a residential premises within the city for the purpose of soliciting, shall register with the city clerk and furnish him with the following: (1) The name, local and permanent addresses, age,race,weight,height,color of hair and eyes and any other distinguishing physical characteristics of the applicant; (2) The nature or purpose for which solicitations will be made and the nature of the goods, wares and merchandise offered for sale; (3) The name and address of the employer or organization represented; (4) A statement as to whether the applicant has been convicted of any felony or misde- meanor, and if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor; (5) A complete set of fingerprints taken by the chief of police. (Code 1970, § 21-2) Sec. 18-18. Fees. A fee of five dollars ($5.00)to cover the cost of investigation of the applicant and process- ing of the application shall be paid to the city clerk when the application is filed, and shall not be returnable under any circumstances. (Code 1970, § 21-3) Sec. 18-19. Issuance. Upon furnishing the information and fingerprints required under section 18-17, the applicant shall be issued a permit, unless the information furnished in compliance with this chapter shows that the applicant has been convicted of a crime involving moral turpitude. A permit issued under this article shall be good for one(1)year from the date of issuance,unless earlier revoked as provided in this article. Every solicitor shall carry his permit with him at all times while engaged in soliciting, and shall display the same to any person who shall demand to see the same while he is so engaged. (Code 1970, § 21-4) Sec. 18-20. Revocation. The city clerk or his designated agent shall revoke any permit issued under this article if he finds that the permittee has given false information or has knowingly withheld informa- tion in obtaining the same or upon violation of any portion of this chapter. (Code 1970, § 21-5) Sec. 18-21. Exceptions. The provisions of this article shallnot apply to: (1) Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof; (2) Unpaid members of any civic or charitable organization who are registered as such with the city clerk and the names of the solicitors have been listed as such members 1056 SOLICITORS § 18-21 • and the organization has provided each person listed with an approved means of identification with the organization represented; (3) Newsboys soliciting subscriptions to any newspaper for home delivery within the city; (4) Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries; (5) Solicitors or agents of life or other insurance companies who hold a license issued by the insurance commissioner of the state. (Code 1970, § 21-7) • [The next page is 1107] 1057 • Chapter 19 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* Sec. 19-1. Obstructing free passage prohibited;exception. No person shall obstruct the free passage of persons or vehicles over any street, sidewalk or other public way by any means whatsoever, except pursuant to a permit issued by the city manager, and only in accordance with the terms of the permit and any conditions attached thereto. (Code 1970, § 22-1) Cross reference—Loitering in, obstructing, etc., streets, public places, etc., § 13-2. State law reference—Obstruction of public streets,highways and roads,F.S. § 316.2045. Sec. 19-2. Digging up streets prohibited; exception as to public utilities; permit re- quired of public utilities. No person shall dig into, remove, tear up, deface or damage in any manner whatosever, except for purposes of city authorized repair, either the surfacing or shoulders on or of any street, avenue, way, driveway, roadway or pathway on any public property of and in the city, or on any property over or upon which the city may now or hereafter be possessed of any easement for any type of public transportation, travel or service; provided, this section shall not be construed to apply to any public utility such as electric, gas, water, etc., system which may desire to lay, remove, repair or replace pipes, wiring, or cables, place poles, conduits or meters or install any other necessary equipment requisite to the proper and efficient use of the public utility. A public utility desiring to do any such work shall first procure from the city manager a permit for such operations. (Code 1970, § 22-4) *Cross references—Any ordinance naming, renaming, opening, accepting, or vacating streets or alleys in the city saved from repeal, § 1-5(8); beaches, 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, Ch. 14; signs, posters, etc., prohibited on sidewalks, § 17-8; traffic and motor vehicles, Ch. 21; utilities, Ch. 22; vegeta- tion, 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.S. 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, under- passes, and overpasses used by the public for vehicular and pedestrian traffic, F.S. § 335.075. 411). [The next page is 1157] 1107 Chapter 20 TAXATION* Art. ' I. In General, §§ 20-1-20-15 Art. II. Public Service Tax, §§ 20-16-20-50 Div. 1. Generally, §§20-16-20-30 Div. 2. Telephone Service, §§ 20-31-20-50 Art. III. Occupational License Tax, §§ 20-51-20-75 Art. IV. Insurance Premium Taxes, §§ 20-76-20-78 ARTICLE I. IN GENERAL Secs. 20-1-20-15. Reserved. ARTICLE II. PUBLIC SERVICE TAXt DIVISION 1. GENERALLY Sec. 20-16. Imposed; amount; utility services to which applicable; payment to be made to seller. There is hereby imposed and levied by the city, on each and every purchase of electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but not fuel oils of lower grades, metered or bottled gas,natural,liquefied petroleum gas or manufactured,in the corporate limits of the city,a tax equivalent to five (5) percent of the amount of the payments received by the seller of the utility service from the purchasers. The tax, in every case, shall be collected from the purchaser of the utility service, and paid by the purchaser for the use of the city to the seller of such electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but pays to the seller the seller's charge for the service, and notwithstanding the above, the utility tax on fuel oil (No. 1 kerosene; No. 2 and No. 3 fuel oils)is hereby levied at a rate of two cents($0.02)per gallon. (Code 1970, § 8-14) Sec. 20-17. Duty of seller to collect tax and pay same to city; failure to collect tax; authority of seller to discontinue service upon nonpayment of tax. It shall be the duty of every seller of electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but not fuel oils of lower grades, metered or bottled gas, natural, liquefied petroleum gas or manufactured,in acting as the tax collecting medium or agency for the city,to collect from the *Cross references—Any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); administration, Ch. 2; finance generally, § 2-311 et seq. State law references—Municipal finance and taxation, F.S. § 166.201 et seq.; taxation and finance generally, F.S. Ch. 192 et seq. tCross reference—Utilities, Ch. 22. State law reference—Public service tax, F.S. § 166.231 et seq. 1157 § 20-17 ATLANTIC BEACH CODE purchaser for the use of the city, the tax hereby imposed and levied at the time of collecting the purchase price charged for each transaction, and to report and pay over on or before the fifteenth day of each calendar month, to the city all the taxes imposed, levied and collected during the preceding calendar month.The director of finance is hereby authorized to prescribe the forms on which the reports shall be made. It shall be unlawful for any seller of the utility service to collect the price of any sale of such electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but not fuel oils of lower grades, or gas, without at the same time collecting the tax hereby imposed and levied in respect to the purchase. Any seller failing to collect the tax at the time of collecting the price of any purchase shall be liable to the city or at the time of collecting the price of any purchase shall be liable to the city for the amount of the tax in like manner as if the same had been actually paid to the seller; provided, the seller shall not be liable for the payment of the tax upon uncollected charges. If any purchaser shall fail, neglect or refuse to pay to the seller the charge for the purchase and the tax hereby imposed, levied and required by this division, or either, the seller shall have and is hereby vested with the right, power and authority to immediately discontinue further service to the purchaser until the tax and the seller's bill shall have been paid in full. (Code 1970, § 8-15) Sec. 20-18. Records to be kept by seller;inspection of records by city agents. Every seller of electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but not fuel oils of lower grades, metered or bottled gas, natural, liquefied petroleum gas or manufactured, shall keep complete records showing all purchases in the city of such service, which records shall show the price charged upon each purchase,the date thereof and the date of payment thereof. The records shall be kept open for inspection by the duly authorized agents of the city during business hours on all business days, and the duly authorized agents of the city shall have the right, power and authority to make such transcripts thereof during such times as they may desire.It shall be the duty of such agents of the city as may from time to time be designated or appointed for that purpose by the city commission,to inspect the records at such times as the city commission may from time to time direct in order to determine that the tax hereby imposed and levied is being properly reported and paid to the city by each seller of the service. (Code 1970, § 8-16) Sec. 20-19. Exemption of governmental agencies and churches. The United States of America, the State of Florida, the City of Jacksonville, the City of Atlantic Beach and agencies,boards, commissions and authorities thereof, and all recognized churches of the state,are hereby exempted from payment of the tax imposed and levied by this division. (Code 1970, § 8-17) Sec. 20-20. When purchase deemed made within city. The purchase of the utility service upon which a tax is imposed and levied by this division shall embrace and include any part of the transaction of purchase occurring within the city, whether the same is the entering into of a contract for the purchase of any such utility service, 1158 TAXATION § 20-33 the payment..of the,.charges therefor or the use of lines, poles, wires or the streets for the transmission or delivery of the utility service. (Code 1970, § 8-18) Secs. 20-21-20-30. Reserved. DIVISION 2. TELEPHONE SERVICE* Sec. 20-31. Levy;when payable. There is hereby levied by the city, on each and every purchase of telephone service within the corporate limits of the city, a tax in the amount of ten (10) percent of the payments received by the seller of the utilities, services or commodities from the purchaser thereof, for the purchase of the utilities or commodities. Subject to the provisions of section 20-36,the tax shall in every case be paid by the purchaser for the use of the city to the seller of the local telephone service at the time of paying the charge thereof. (Ord. No. 70-82-10, § 1, 9-13-82) Sec. 20-32. Exemptions. The United States of America, this state and the political subdivisions, agencies,boards, commissions and authorities thereof, other persons exempted under state law, and any recog- nized church for use exclusively for church purposes, are exempted from the payment but not from the collection, of the tax levied by this division. (Ord. No. 70-82-10, § 2, 9-13-82) Sec. 20-33. Duty of seller to collect. It shall be the duty of every seller of local telephone service to collect from the purchaser for the use of the city the tax hereby levied at the time of collecting and selling price charged for each transaction and to report and pay over on or before the twentieth day of each calendar month to the city, all the taxes levied and collected during the preceding calendar month. It shall be unlawful for any seller to collect the price of any sale of local telephone service without, at the same time, collecting the tax levied by this division in respect to the sale unless the seller shall elect to assume and pay the tax without collecting same from the purchaser. Any seller failing to collect the tax at the time of collecting the price of any sale where the seller has not elected to assume and pay the tax shall be liable to the city for the amount of the tax in like manner as if the same had actually been paid to the seller, and the city commission shall cause to be brought all suits and actions and to take all proceedings in the name of the city as may be necessary for the recovery of the tax; provided,the seller shall not be liable for the payment of the tax upon uncollected charges. If the purchaser shall fail, neglect or refuse to pay to the seller the seller's charge for the tax imposed and required by this division, or either, the seller shall have and is vested by this division with the right, *Cross reference—Occupational license tax on telephone company, § 20-59. 1159 § 20-33 ATLANTIC BEACH CODE power and authority to immediately discontinue further service to the purchaser until the tax 41110 and the seller's bill have been paid in full. (Ord. No. 70-82-10, § 3, 9-13-82) Sec. 20-34. Records to be kept by seller;inspector,transcripts. Each and every seller of local telephone service shall keep complete records showing all sales in the city of the commodities or services, which records shall show the price charged upon each sale, the date thereof and the date of payment thereof. The records shall be kept open for inspection by the duly authorized agents of the city during business hours on all business days. (Ord. No. 70-82-10, § 4, 9-13-82) Sec. 20-35. Limitation as to telephone calls. The tax levied on sales of telephone service under this division shall apply to all charges made for local telephone service except local services which are paid for by inserting coins in coin-operated telephones;the total amount of the guaranteed charge on each bill rendered for semipublic coin-box telephone service shall be subject to the tax. (Ord. No. 70-82-10, § 5, 9-13-82) Sec. 20-36. Monthly payments;computation of tax. In all cases where the seller of local telephone service collects the price thereof in monthly periods, the tax levied by this division may be computed on the aggregate amount of sales during the period, provided, the amount of tax to be collected shall be to the nearest whole cent to the amount computed. (Ord. No. 70-82-10, § 6, 9-13-82) Secs. 20-37-20-50. Reserved. ARTICLE III.OCCUPATIONAL LICENSE TAX* Sec. 20-51. Definitions. When used in this article, the following terms and phrases shall have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning: Business, profession and occupation do not include the customary religious, charitable or educational activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions in this state, which institutions are more particularly defined and limited as follows: Charitable institutions shall mean only nonprofit corporations operating physical facili- ties in this state at which are provided charitable services, a reasonable percentage of which shall be without cost to those unable to pay; *State law reference—Local occupational license taxes, F.S. Ch. 205. 1160 TAXATION § 20-52 Classification shall mean the method by which a business or group of businesses is identified by size or type, or both; Educational institutions shall mean state tax-supported or parochial, church and non- profit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, the department of education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption; Local occupational license shall mean the method by which a local governing authority grants the privilege of engaging in or managing any business,profession or occupation within its jurisdiction. It shall not mean any fees or licenses paid to any board, commission or officer for permits, registration, examination or inspection. Unless otherwise provided by law, these are deemed to be regulatory and in addition to, and not in lieu of, any local occupational license imposed under the provisions of this chapter; Person shall mean any individual, firm, partnership,joint adventure, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary, and shall include the plural as well as the singular; Religious institutions shall mean churches and ecclesiastical or denominational organiza- tions or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on,and also means church cemeteries; Taxpayer shall mean any person liable for taxes imposed under the provisions of this article; any agent required to file and pay any taxes imposed under the provisions of this article; and the heirs, successors, assignees and transferees of any such person or agent. Cross reference—Definitions and rules of construction generally, § 1-2. State law reference—Similar definitions,F.S. § 205.022. Sec. 20-52. Levy. An occupational license tax shall be levied on: (1) Any person who maintains a permanent business location or branch office within the city,for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city,for the privilege of engaging in or managing any profession or occupation within its jurisdiction; (3) Any person who does not qualify under the provisions of subsection (1) or (2) of this section, and who transacts any business or engages in any occupation or profession in interstate commerce, if such license tax is not prohibited by Section 8 of Article I of the United States Constitution. (Ord. No. 45-81-5, § 1, 12-28-81) State law reference—Similar provisions,F.S. § 205.042. 1161 § 20-53 ATLANTIC BEACH CODE Sec. 20-53. Half-year licenses. The'city clerk, upon proper showing that the issuance of a license for a full year would work a hardship in any instance during the period from April first to October first, may issue a half-year's license. Persons applying for a license after October first may be issued a half-year's license. (Code 1970, § 10-1) State law'reference—Authority for a partial license,F.S. § 205.053(1). Sec. 20-54. Due dates and delinquencies;penalties. (a) All licenses shall be sold by the city clerk beginning September first of each year and shall be due and payable on or before October first of each year and shall expire on September thirtieth of the succeeding year. If October first falls on a weekend or holiday,the tax shall be due and payable on or before the first working day following October first. Those licenses not renewed when due and payable shall be considered delinquent and subject to a delinquency penalty of ten(10)percent for the month of October,plus an additional five(5)percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twenty-five (25) percent of the occupational license fee for the delinquent establishment. (b) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required in this article, shall be subject to a penalty of twenty-five (25) percent of the license determined to be due, in addition to the 11111 penalty provided by section 1-11. (Code 1970, § 10-1.1) State law reference—Similar provisions,F.S. § 205.053. Sec. 20-55. Businesses falling under more than one classification; operating at more than one location. Each license classification and the amount of the license tax, as set forth in this chapter, shall be deemed to be cumulative to any license taxes otherwise imposed, and when any occupation,business,profession or commercial activity shall fall into more than one(1)of the classifications, such occupation, business, profession or commercial activity shall be required to comply with the license requirements of each such classification or provision. Whenever any person operates any of the businesses provided for in this article at more than one location, each location shall be considered a separate business. (Code 1970, § 10-2) Sec. 20-56. Compliance by licensees. Issuance of a license by the city clerk shall in no wise relieve the holder thereof of responsibility forconipliance with all provisions of this Code or other city ordinances or parts thereof heretofore passed or which may hereafter be passed by the city commission regulating the conduct of the business. (Code 1970, § 10-3) 1162 TAXATION § 20-59 410 Sec. 20-57. Transfer. (a) All business licenses maybe transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee of three dollars($3.00)and presentation of the original license and evidence of the sale. (b) Upon written request and presentation of the original license, any license may be transferred from one location to another location in the city upon payment of a transfer fee of three dollars ($3.00). State law reference—Similar provisions, F.S. § 205.043(2), (3). Sec. 20-58. Exemptions. Except from the provisions of this article are those persons exempt under F.S. § 205.063 et seq. Sec. 20-59. Schedule of fees. The amount of license tax which shall be paid by persons engaging in or managing businesses, trades,professions or occupations in the city are as follows: A ADVERTISING: (1) Agencies $ 112.50 (2) Outdoor (General license covering all phases of advertisement, as de- fined in F.S. Ch. 479, relating to outdoor advertisers and including erecting,servicing and maintaining of electrical and neon signs) 75.00 a. Sign shop (Fabrication and painting of signs only. Not to include outdoor erection or maintenance of signs) 22.50 b. Billboard, highway and wall signs (covering fabrication, erection and/or maintenance of any type sign which is located on private property, exclusive of neon, which is covered under general license (2)) 50.00 Cross reference—Signs and advertising structures, Ch. 17. AGENCIES: (1) Insurance company,home office,branch office,claim office 112.50 (2) Insurance,each agent or solicitor 15.00 (3) Real estate,each registered broker 22.50 Each salesman 15.00 (4) Manufacturer's agent,wholesale 30.00 4111 ANTIQUE SHOP 15.00 ARCHITECT 22.50 1163 § 20-59 ATLANTIC BEACH CODE ATTORNEY,each 22.50 • AUCTION HOUSE (Such business and fee to be granted on approval of the city commission) 75.00 AUTO DEALERS, including storage 37.50 Used cars,sales only 15.00 AUTO, MOTORCYCLES,TRUCKS: (1) Garages/shops, including right to do cleaning, storage, repairs and ser- vice station 52.50 (2) Service station,gas and oil service only,no repairs,etc 22.50 (3) Service station, including right to do cleaning, storage,repairs, accesso- ries, gas and oil services 52.50 (4) Wrecker service 4.00 (5) Car wash 30.00 B BAIL BONDSMAN 75.00 BAKERIES: (1) Bakery shop with retail sales at one location and retail delivery permit- ted 15.00 (2) Each bakery truck delivering products inside city from a plant operated outside city 37.50 BARBERSHOP 37.50 BEAUTY SHOP 37.50 BICYCLE RENTING, only 15.00 BICYCLE SHOP,rental and repair 22.50 BILLIARDS AND POOL 30.00 BOOK AGENTS 37.50 BOOKKEEPING SERVICES 22.50 BOWLING ALLEYS,per alley 30.00 BROKERS: (1) Moneylenders negotiating small loans up to$600.00 300.00 (2) Stocks and bonds 37.50 BUILDING AND LOAN ASSOCIATIONS(Local concerns soliciting loans,etc.) . 37.50 BUILDING SUPPLIES, including sash, doors, windows, paints, retail, not hard- ware 15.00 1164 TAXATION § 20-59 CANDY MANUFACTURERS,including right to sell retail or wholesale 37.50 CARPENTER OR CABINET SHOP 15.00 CEMENT OR ARTIFICIAL STONE, manufacturers 37.50 CLOTHING,men,women or children 37.50 CLUBS: Nightclub 600.00 Private club 75.00 Country club 75.00 COAL AND WOOD 30.00 COIN MACHINES: (1) Music or phonographs 22.50 (2) Marble type and shuffleboards 22.50 (3) Vending machines, $0.05 and up 7.50 (4) Electronic machines 22.50 CONTRACTORS: (1) General. Each person who contracts or subcontracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sew- ers, water and gas mains or engages in the business of construction, alteration, repairing, dismantling or demolition of buildings, roads, brid- ges, viaducts, sewers, water and gas mains shall pay a license tax determined by the maximum number of persons actually employed, or to be employed during the license year,in the county and shall be at the following rates: 1 to 10 $ 7.50 11 to 20 13.50 21 to 30 20.00 31 to 40 27.00 41 to 50 34.00 51 to 100 110.00 101 to 150 170.00 151 to 200 225.00 201 or more 280.00 In determining the number of persons employed, all principals shall be deemed employed and be included in the calculation. (2) Electrical 75.00 (3) Fences,metal 30.00 1165 §20-59 ATLANTIC BEACH CODE (4) Landscaping or lot cleaning 37.50 • (5) Minor contractors(Tile, painting, plasterers,floor sanding and waxing, floor covering,all other miscellaneous small contractors) 30.00 (6) Plumbing,including steam and hot water heating 75.00 (7) Hot air heating,sheet metal,air conditioning 37.50 (8) Roofing and siding 30.00 (9) Well diggers 30.00 (10) Septic tank,installation and repair 37.50 (11) Crane service,steel erection 37.50 (12) Dredging 37.50 Cross reference—Buildings and building regulations, Ch. 6. CURIOS AND NOVELTIES,GIFT SHOP 15.00 D DANCE HALLS or any place of amusement where dancing is permitted, includ- ing establishments licensed under beverage laws of this state, except ball- rooms at motels or hotels 110.00 DELICATESSEN 15.00 DEALERS: (1) Used cars, sales only 15.00 (2) Secondhand merchandise 15.00 DRUGSTORES,including drugs,sundries and fountain 15.00 DRY CLEANING PLANTS,right to go from door to door 30.00 E EATING PLACES: (1) Restaurant, cafe, snack bar, dining room, drive-in eating establishment or other public eating place,whether operated in conjunction with some other line of business or not, except dining rooms in licensed public lodging establishments: 1 to 30 seats 15.00 31 to 74 seats 22.50 75 to 149 seats 34.00 150 or more seats 45.00 (2) Snack counters which maintain no seats or take-out service 15.00 1166 TAXATION § 20-59 4110 (3) Drive-in restaurants where customers are served while seated in vehi- cles,in addition to the fees specified in paragraph(1)above 22.50 ELECTRIC APPLIANCES,retail,including repairs 15.00 EXPRESS COMPANY 22.50 F FLORIST,cut flowers,plants,no landscaping 15.00 FUEL OIL SERVICE,including delivery 37.50 FURNITURE STORES 15.00 G GARBAGE AND TRASH COLLECTORS 37.50 Cross reference—Refuse and garbage, Ch. 16. GAS,Fuel,bottled,tank or otherwise,dealers in 37.50 GROCERIES,including meat markets and fish markets 15.00 H HARDWARE STORE,Not including heavy electric appliances 15.00 1110 HOTELS,including dining room,per room,minimum 5.60 (State license prerequisite) HOUSE MOVERS 150.00 I ICE CREAM, retail 15.00 INTERIOR DECORATING AND SUPPLIES SHOP 37.50 J JEWELERS 15.00 K KENNELS, animals 37.50 Cross reference—Animals, Ch. 4. L LAUNDERETTE 37.50 LAUNDRIES, steam or otherwise, including right to solicit house to house, including dry cleaning 52.50 LAUNDRY AGENT,including right to solicit house to house 30.00 LINEN SUPPLY(rental of linens) 30.00 LUMBERYARDS 37.50 1167 § 20-59 ATLANTIC BEACH CODE 4110 ldI MILK,ICE CREAM,retail 15.00 MOTELS AND ROOMING HOUSES,per rental unit,minimum 5.60 (State license prerequisite) MOTION PICTURE ESTABLISHMENT 45.00 MUSIC SHOP, including records,instruments,etc. 15.00 N NEWSPAPER,MAGAZINE,PERIODICAL STAND OR AGENCY 15.00 NOVELTY PEDDLERS 15.00 0 OFFICE SUPPLY AND EQUIPMENT,wholesale and retail 37.50 OIL AND GASOLINE DEALERS,wholesale and retail . . . . . 75.00 OPTICIANS, each 22.50 P PARKING LOTS 37.50 • PHOTOGRAPHERS: (1) Established place of business 37.50 (2) Itinerant, or not having permanently established place of business in city 37.50 PHYSICIANS,SURGEONS,CHIROPRACTORS,OSTEOPATHS,CHIROPODISTS, NATUROPATHS, DENTISTS, VETERINARIANS, and persons otherwise engaged in the occupation or profession of treating the ailments of man or beast 22.50 PLUMBING SUPPLIES,retail 15.00 PRINTING SHOP 37.50 PRO SHOP,golf and tennis 37.50 R. RADIO,TELEVISION AND ELECTRONIC SHOP,including sales 37.50 REPAIRMEN AND REPAIR SHOPS(repairing household furnishings or house- hold appliances) 37.50 RINKS (Skating, roller, amusement, including rental of skates and equipment for profit) 75.00 1168 TAXATION § 20-59 0 S SCHOOLS: (1) Private,including dancing,nursery and kindergarten 15.00 (2) Trade or profession 37.50 SECONDHAND MERCHANDISE,store,dealer 15.00 SEED STORE,retail 15.00 SHEET METAL SHOP 37.50 SHOE REPAIR 30.00 STORAGE WAREHOUSE 37.50 SURF SHOP 37.50 T TAXICAB AND BUS: (1) First cab 22.50 III (2) Each additional cab 7.50 (3) Each bus under 4,000 pounds 30.00 (4) Each bus over 4,000 pounds 75.00 TELEPHONE COMPANY: (1) First 1,000 phones or instruments or fraction thereof, per phone or instrument operated or installed .075 (2) Second 1,000 phones or instruments or fraction thereof over 1,000, per • phone or instrument operated or installed .06 (3) All over 2,000 phones or instruments,per phone or instrument operated or installed .045 Cross reference—Public service tax on telephone service, § 20-31 et seq. TRAILER PARK OR TOURIST CAMP: (1) 1 to 10 trailer spaces 37.50 (2) 10 to 20 trailer spaces 52.50 (3) 20 or more trailer spaces 75.00 Cross reference—Mobile homes and recreational vehicles, Ch. 10. TRUCK TRANSFER: 0 (1) Established place of business 37.50 (2) No established plat., of business,per truck 15.00 1169 § 20-59 ATLANTIC BEACH CODE U UPHOLSTERY SHOP 37.50 W WATER SOFTENER 37.50 WELDING SHOP(including transient or mobile) 37.50 ANY BUSINESS,PROFESSION OR OCCUPATION NOT LISTED ABOVE 37.50 (Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80) Secs. 20-60-20-75. Reserved. ARTICLE IV. INSURANCE PREMIUM TAXES Sec. 20-76. Casualty risks. There is hereby assessed, imposed and levied on every insurance company,corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of one (1) percent of the gross amount of receipts of premiums from policyholders on all premiums collected on casu- alty insurance policies, covering property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8-80) State law reference—Authority for this section, F.S. § 185.08. Sec. 20-77. Property insurance. There is hereby assessed, imposed and levied on every insurance company,corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the insurance commissioner of ° the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of two (2) percent of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance policies cover- ing property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8-80) State law reference—State law reference—Authority for this section, F.S. § 175.101. Sec. 20-78. Payment date. The license or excise taxes levied in section 20-76 or 20-77 shall be due and payable annually on the first day of March of each year. (Ord. No. 45-80-4,9-8-80) [The next page is 1221] 41110 1170 110 Chapter 21 TRAFFIC AND MOTOR VEHICLES* Art. I. In General, §§ 21-1-21-15 Art. II. Stopping, Standing and Parking, §§ 21-16-21-41 Div. 1. Generally, §§ 21-16-21-35 Div. 2. Enforcement, §§ 21-36-21-41 ARTICLE I. IN GENERAL Sec. 21-1. Adoption of Florida Uniform Traffic Control Law. There is hereby adopted by reference the Florida Uniform Traffic Control Law,being F.S. Ch. 316, as amended, which law shall be in full force and effect in the city as if fully set forth herein, and shall be considered as part of this chapter. (Code 1970, § 11-1) Sec. 21-2. Permit required for parades and processions. No procession or parade, except the United States armed services, the military forces of this state and the forces of the police and fire departments, shall occupy, march or proceed along any street or roadway except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this Code which may apply. The chief of police shall issue the permit only after the approval for the issuance is given by the city manager, following a recommendation for the issuance of the permit to the city manager by the chief of police. (Code 1970, § 22-2) Secs. 21-3-21-15. Reserved. *Cross references—Any ordinance pertaining to traffic or parking regulations applying to specific streets saved from repeal, § 1-5(10); use of vehicles prohibited in beach safety zone, § 5-17;mobile homes and recreational vehicles,Ch. 10;use of sirens,whistles,etc.,on vehicles prohibited, § 11-4; offenses, Ch. 13; police, Ch. 15; signs and advertising structures as traffic hazards, § 17-4; streets, sidewalks and other public places, Ch. 19. 411) State law references—Florida Uniform Traffic Control Law, F.S. Ch. 316; powers of local authorities, F.S. § 316.008. 1221 § 21-16 ATLANTIC BEACH CODE ARTICLE II. STOPPING, STANDING AND PARKING* DIVISION 1. GENERALLY Sec. 21-16. Manner of parking. . No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall be within twelve(12)inches of the edge of the roadway,except as provided in the following paragraphs: (1) Angle parking upon a street which has been marked or signed for angle parking.The vehicle shall be parked at the angles of the curb indicated by the mark or sign; (2) Lodging or unloading in a place where, and at hours when,stopping for the loading or unloading of merchandise or materials is permitted. A vehicle used for the transpor- tation of merchandise or material may be backed into the curb to take on or discharge loads. (Ord. No. 75-82-3, § 1, 4-12-82) State law reference—Similar provisions, F.S. § 316.195. Sec. 21-17. Prohibited in specific areas. No person shall stop,stand or park a vehicle except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or a traffic-control device in any of the following places: (1) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any part of the sidewalk area; (2) In front of a public driveway, or private driveway upon complaint; (3) Within twenty(20)feet of an intersection where posted; (4) Within fifteen(15)feet of a fire hydrant; (5) On a crosswalk; (6) Within twenty(20)feet of a crosswalk at an intersection,unless permitted to do so by a zone or devices established in the area; (7) Along side or opposite any street excavation or obstruction when the stopping, standing or parking could obstruct traffic, and any place where any official sign *Cross references—Off-street parking and loading, § 24-161; parking lots, § 24-162; storage and parking of vehicles in residential districts, § 24-163. State law references—Authority to regulate or prohibit stopping, standing or parking, F.S. § 316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945; addi- tional parking regulations, F.S. § 316.195. 1111 1222 TRAFFIC AND MOTOR VEHICLES § 21-22 • prohibits stopping or parking, and any parking place specifically designated and marked for the disabled unless the vehicle displays a parking permit as required by state law. (Ord. No. 75-82-3, § 2, 4-12-82) State law reference—Similar provisions, F.S. § 316.1945. Sec. 21-18. Obstructing traffic. No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or a police officer. (Ord. No. 75-82-3, § 3, 4-12-82) Sec. 21-19. Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected, no person shall park a vehicle in such a designated place. (Ord. No. 75-82-3, § 4, 4-12-82) 11110 Sec. 21-20. Parking limitations. When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the city manager. (Ord. No. 75-82-3, § 5,4-12-82) Sec. 21-21. Parking for certain purposes prohibited. No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose of: (1) Displaying it for sale; or (2) Washing,greasing,or repairing the vehicle,except repairs necessitated by an emergency. (Ord. No. 75-82-3, § 6, 4-12-82) Sec. 21-22. Commercial,recreational,etc.,vehicles;weight requirements. (a) No person shall stop, stand, or park a bus or commercial vehicle in excess of eighteen thousand five hundred (18,500) pounds gross vehicle weight, or any combination thereof, or any component part thereof,except for the purpose of loading and unloading. Component part shall include the tractor unit or trailer unit of tractor-trailer type truck. (1) Upon any street or right-of-way; (2) Upon any private property in a residential zone. 1223 § 21-22 ATLANTIC BEACH CODE (b) No person shall stop, stand, or park a recreational vehicle, camper, travel trailer, 1111 equipment trailer, boat, or trailer, or commercial vehicle in excess of ten thousand (10,000) pounds gross vehicle weight upon any street or right-of-way. (Ord. No. 75-82-3, § 7, 4-12-82) Sec. 21-23. Parking more than seventy-two hours prohibited. No person shall park a motor vehicle on any street or right-of-way for a period of time in excess of seventy-two(72)hours. (Ord. No. 75-82-3, § 8, 4-12-82) Sec. 21-24. Abandoned, wrecked, junked, inoperative, etc., vehicles parked longer than seventy-two hours—Declared unlawful;exception;nuisance declared. (a) Declared unlawful; exception. It shall be unlawful to park, store or leave or permit parking or storing of any licensed or unlicensed motor vehicle of any kind for a period of time in excess of seventy-two (72)hours which is rusted, wrecked,junked, or partially dismantled, or inoperative, or in an abandoned condition, whether attended or not, upon any public or private property within the city limits, unless the same is completely enclosed within a building or unless it is in connection with a business enterprise lawfully situated and licensed for same. (b) Nuisance declared. To accumulate or store one(1)or more of such vehicles on public or private property shall constitute a nuisance detrimental to the health, safety and welfare of • inhabitants of the city, and it shall be the duty of the registered owner of the vehicle, and the duty of the owner of the private property, or lessee, or other person in possession of private property upon which the vehicle is located to remove the vehicle from the city limits, or to have the vehicle housed in a building where it will not be visible from the street. (Ord..No. 75-82-3, § 9, 4-12-82) Cross reference—Nuisances, Ch. 12. Sec. 21-25. Same—Removing and impounding. Members of the department of public safety of the city are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage or other place of safety under circumstances enumerated in this article: (1) When a vehicle is left unattended: a. On a sidewalk; b. In front of a public or private driveway upon complaint; c. Within fifteen(15)feet of a fire hydrant; d. Within an intersection; e. On a crosswalk; or f. Alongside or opposite any street excavation or obstruction when stopping, stand- ing, or parking would obstruct traffic. 1224 TRAFFIC AND MOTOR VEHICLES § 21-37 (2) When any vehicle is left unattended at any place where official signs prohibit park- ing, stopping or standing; (3) When any vehicle is left unattended upon any street or right-of-way for a period of time longer than seventy-two(72)hours; (4) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or the person in charge of the vehicle is, by reason of physical injury or condition,incapacitated to such an extent as to be unable to provide for its custody or removal; (5) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the vehicle constitutes an obstruction to normal movement of traffic. (Ord. No. 75-82-3, § 10, 4-12-82) Sec. 21-26. Same—Towage and storage charges. Any and all towage and storage charges reasonably due the operator of the garage or place where the vehicle removed under provisions of this article is stored shall constitute a lien against the vehicle. The operator of the garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no event shall the city or any officer; employee or department of the city be liable for the charges and costs by reason of their enforcement of this section. (Ord. No. 75-82-3, § 11, 4-12-82) Secs. 21-27-21-35. Reserved. DIVISION 2. ENFORCEMENT Sec. 21-36. Issuance of citations. The director of public safety shall have exclusive control of and shall have printed uniform traffic citations which shall be prenumbered and which shall be issued to the public safety officers.It shall be the duty of the public safety officers to check on parking locations for indications of illegal parking and to give the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of the city. Notice of violation of a parking ordinance by public safety officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the vehicle or by attaching the citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by the public safety officer, with his signature affixed thereto, at the close of each day's work, with the director of public safety. (Code 1970, § 11-3; Ord. No. 57-79-8, § 11.30, 6-11-79) Sec. 21-37. Form of citations. • Citations for violation of parking ordinances shall: (1) Be in writing and in the name of the city; 1225 § 21-37 ATLANTIC BEACH CODE (2) Set forth substantially the nature of the offense and the number of the ordinance being violated; (3) State the date and time delivered; (4) Specify the license tag number of the vehicle causing the violation as well as the person cited if delivered in person; (5) Command the owner or operator of the vehicle causing the violation to pay to the director of the public safety department the applicable fine as established by section 21-38; (6) Be signed by the person issuing them. (Code 1970, § 11-5) Sec. 21-38. Schedule of fines. There is established the following schedule of fines to be assessed in cases of parking violations occurring in the city: (1) Parking in prohibited area $ 15.00 (2) Parking at fire hydrant 15.00 (3) Improper parking 15.00 (4) Parking double 15.00 (5) Obstructing traffic 15.00 (6) Obstructing driveway 15.00 (Code 1970, § 11-4; Ord. No. 57-84-10,4-9-84) Sec. 21-39. Payment of parking fines. (a) The director of public safety is authorized to accept payment of a parking fine as specified on the parking citation and in accordance with the schedule of fines at any time before a summons is issued with respect thereto, in person at his office or by mail. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and waiver of the right to a trial for purposes of this chapter. (b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the parking fine within seven(7) days an additional cost of two dollars ($2.00). If the director of public safety has not received payment of a parking fine within seven(7) days after the delivery of the citation or if the violator has paid by U.S. mail, and his payment is not postmarked within seven(7)days after delivery of the citation,the director of public safety shall give written notice to the person in whose name the license tag on the vehicle is registered, as the case may be,by U.S.mail at his last known address,that a summons will be 4111 1226 TRAFFIC AND MOTOR VEHICLES § 21-41 issued unless the parking fine and two dollars($2.00)additional cost is paid within thirty(30) days from the date of the violation. (c) The director of public safety shall have the discretion of relieving the person named in the citation of paying the additional two dollars($2.00)cost upon good cause being shown and documented by the director of public safety. (d) If the mailed notice cannot be delivered to the person named in the citation or if there is not available to the director of public safety sufficient or available local information on out-of-county and out-of-state vehicles, the director of public safety shall, after diligent effort to locate the person, make the citation uncollectible and permanently file same. (e) If the director of public safety has not received voluntary payment of a parking fine within the above thirty-day period, or if paid by mail, not postmarked within thirty(30) days of the date of the original citation, he shall,based on the original citation, certify to the state attorney by affidavit the nonpayment of the parking fine within the thirty-day period, who shall cause to have issued a summons commanding the person named in the citation or the person in whose name the license tag on the vehicle is registered, as the case may be, to appear before the county court at a designated place not less than seventy-two(72)hours after the delivery of the summons, unless another time and place is ordered by the court. For the purposes of prosecution in the county court, the issuance of the summons shall constitute a docket entry. 4110 (Code 1970, § 11-6) • Sec. 2140. Disposition of money collected as fines. All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the director of finance in a manner prescribed by the director of finance. (Code 1970, § 11-8) Sec. 2141. Presumption of motor vehicle ownership. For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is registered in the office of the appropriate agency of the state issuing the license tag. (Code 1970, § 11-7) [The next page is 1277] 1227 • Chapter 22 UTILITIES* Art. I. In General, §§ 22-1-22-15 Art. II. Waterworks System, §§ 22-16-22-55 Art. III. Wastewater System, §§ 22-56-22-195 Div. 1. Generally, §§ 22-56-22-70 Div. 2. Use of Public Sewers Required, §§ 22-71-22-85 Div. 3. Private Wastewater Disposal, §§ 22-86-22-100 Div. 4. Building Sewers and Connections, §§ 22-101-22-125 Div. 5. Use of Public Sewers, §§ 22-126-22-150 Div. 6. Powers and Authority of Inspectors, §§ 22-151-22-165 Div. 7. Sewer User Classification Rates and Charges, §§ 22-166-22-190 Div. 8. Sewer System Extensions, §§ 22-191-22-195 ARTICLE I. IN GENERAL Secs. 22-1-22-15. Reserved. 110 ARTICLE II. WATERWORKS SYSTEMt Sec. 22-16. Application for water service. It shall be unlawful for any person to use city water without first making application in writing to the city for service at least forty-eight (48) hours before the service is desired and paying all charges incident to the application. The applications shall be made on forms furnished by the city and shall constitute an agreement by the consumer with the city to abide by the rules of the city in regard to its service of water. Applications for service requested by firms,partnerships, associations and corporations shall be tendered only by their duly author- ized agents, and the official title of the agent shall be shown on the application. (Code 1970, § 27-1) *Cross references—Administration, Ch. 2; buildings and building regulations, Ch. 6; mobile homes and recreational vehicles, Ch. 10;planning, Ch. 14;refuse and garbage,Ch. 16; signs, posters, etc., prohibited on sidewalks, utility poles, etc., § 17-8; streets, sidewalks and other public places, Ch. 19; public service tax, § 20-10 et seq.; zoning regulation for utility structures, § 24-170. State law references—Water and sewer systems, F.S. Ch. 367; supervision and control of systems of water supply, sewerage, refuse and sewage treatment by the department of • health and rehabilitative services, F.S. § 381.261. 'Cross reference—Plumbing code, § 6-56 et seq. 1277 § 22-17 ATLANTIC BEACH CODE Sec. 22-17. Tapping of mains,etc.,restricted to city employees. No person shall tap the city water mains or make any other connection to pipes on the supply side of any meter except those persons duly employed by the city for such purposes. (Code 1970, § 27-2) Sec. 22-18. Connection charges;initial payment of minimum water rental. (a) Upon the application of the owner or consumer for water service, the connection charge shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor. Connection charges will be established by the city commission from time to time. (b) The minimum water rental for the period from the date of installation to the following minimum water billing date shall be collected at the time payment is made for the connection charge. (c) For the purposes of this subsection and subsection(d)of this section, fixture units are established as the measurement of water demand for each water fixture installed and con- nected to the city water system. Fixture units are assigned by the city plumbing code. The water supply charge is hereby fixed at ten dollars ($10.00) per fixture unit connected to the city water system after enactment of this subsection and subsection(d)of this section. (d) The director of finance is directed to receive the connection charge and cause same to be invested in interest-bearing securities that are most advantageous to the city's interest. The securities shall be entitled"City of Atlantic Beach,Water Fund."The water fund shall be used solely for capital improvements to the water plant and supply system. (Code 1970, § 27-3) Sec. 22-19. Temporary service. Temporary service, such as service for circuses, fairs, carnivals, construction work and the like, shall be provided upon written application accompanied by a deposit sufficient to cover the city's estimate of the proper charge for water to be consumed, materials, labor and other expense incurred by the city in providing the service. Upon termination of this service, any balance of the deposit shall be refunded to the consumer. (Code 1970, § 27-4) Sec. 22-20. Granting necessary easements by consumer. The consumer shall grant or cause to be granted to the city, without cost, all rights, easements, permits and privileges which are necessary for providing service. (Code 1970, § 27-5) Sec. 22-21. Right of access by city employees. Duly authorized employees of the city shall have access at all reasonable hours to the premises of the consumer for the purpose of reading meters, installing or removing any of its property, examining pipes or fixtures or for any purpose incidental to providing service. (Code 1970, § 27-5) 1278 UTILITIES § 22-27 Sec. 22-22. Fee to reestablish service after cutoff. If water service is turned off, either because of delinquency or upon the request of the consumer,for any purpose, a cut-on fee of five dollars($5.00)shall be charged and paid when water is turned on. A delinquent fee of five dollars($5.00)will be charged if an account is not paid within thirty(30)days of the billing period. (Code 1970, § 27-6) Sec. 22-23. Testing of meters;liability for cost of testing;adjustment of bills. Upon written request of a consumer, the meter will be tested by the city. If the meter, when tested, is found to be not more than two(2)percent fast,the expense of the test shall be paid by the consumer at a cost of five dollars($5.00); otherwise, the expense of the test will be borne by the city, and billing adjustments for a period not to exceed six (6) months will be made. (Code 1970, § 27-7) Sec. 22-24. Liability of consumer for charges; no allowance to be made for vacant houses unless water shut off. Liability for service shall begin on the day the consumer is connected to the city water main and shall continue thereafter until the service is disconnected for nonpayment or for other cause, after written notice is given the city by the consumer of his desire to terminate the service. No allowance will be made for vacant houses unless a request in writing to have the water shut off is received by the city, nor will any allowance be made for any shut-off period less than thirty(30)days. (Code 1970, § 27-8) Sec. 22-25. Basis for billing if meter fails to register. If any meter on a consumer's premises is destroyed by fire or other causes or fails to register,the consumer will be billed for the period involved on a basis of previous consumption. (Code 1970, § 27-9) Sec. 22-26. Determination of type of service for each consumer. The city manager, or some person designated by him, shall have the authority to deter- mine what type of service shall be rendered by the city to each consumer. (Code 1970, § 27-10) Sec. 22-27. Property owner responsible to city for water charges. The property owner shall at all times be responsible to the city for its proper charges for water service. (Code 1970, § 27-11) 1279 § 22-28 ATLANTIC BEACH CODE Sec. 22-28. Charges for water service. • The reasonable rates, rentals, fees and other charges for the use of the services and facilities of the city waterworks system are hereby found and determined to be and are hereby fixed and established as follows: (1) Customers within city: a. Single units. The minimum bill for a single unit shall be for fifteen thousand (15,000)gallons of water, and shall be nine dollars($9.00)per quarter. All water used in excess of fifteen thousand(15,000)gallons shall be charged at the rate of forty-five cents($0.45)per one thousand(1,000)gallons. b. Multiple units. For multiple units served through the same meter, the rates and minimums shall be in accordance with the following scale. All excess gallonage shall be charged for at the same rate as provided for single units above. Minimum bill Units Gallons per quarter 2 22,500 $13.50 3 30,000 18.00 4 37,500 22.50 5 45,000 27.00 6 52,500 31.50 • 7 60,000 36.00 • For each additional unit over 7 there will be a minimum charge of$3.75 for 6,250 gallons per unit. The effective date for the above schedule and charges shall be January 1, 1982, for minimum rates, and October 1, 1981,for excess rates. (Code 1970, § 27-12; Ord. No. 80-81-20, 9-28-81) Sec. 22-29. Billing dates; failure to receive bill; when bills become delinquent; dis- connection of service for failure to pay bill. Bills for minimum and excess water will be rendered at regular intervals, but the rendering of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter. The bills for service shall be due and payable on the date of billing and shall become delinquent thirty(30) days thereafter. The director of finance shall order the immediate disconnection of all delin- quent services, and service shall not be restored until the delinquent bill and a service charge of five dollars($5.00)is paid. (Code 1970, § 27-13) Sec. 22-30. Private fire protection service. Fire protection service charges shall be billed annually in advance. Fire protection service, either private hydrants or sprinkler systems,shall be installed from the main inward at the expense of the consumer.All such installations shall be made in strict accordance with 1280 UTILITIES § 22-36 110 the rules of the American Insurance Association in force at the date of installation and with such requirements as may be prescribed by the city manager. Fire protection services shall not be metered, and no charge shall be made by the city for water used through such services; however,no use of the services shall be made except for testing the equipment or fighting fire. (Code 1970, § 27-14) Sec. 22-31. Leaks on consumer's side of meter. No allowance or adjustment of any water bill shall be made for leaks of any nature occurring on the consumer's side of the meter. (Code 1970, § 27-15) Sec. 22-32. Connection of private water systems to city system prohibited. No person shall interconnect a privately owned water system to the city's water system. (Code 1970, § 27-16) Sec. 22-33. Prohibited acts. No person shall connect or turn on any water service or tap or make any alteration to any main or distribution pipe of the city's water system or in any way interfere with or molest any 4110 of the wells,reservoirs,basins or water in the same,or permit any connection or tapping to be made to the city's water system on his premises or the premises occupied by him or knowingly use city water from unauthorized connections. (Code 1970, § 27-17) Sec. 22-34. Service to more than one property through same meter. Properties owned or operated by different owners or operators shall not be supplied with water through one (1) meter unless existing facilities make it impractical, as determined by the city commission as an exception, to establish separate meters for each property. In each case excepted by the city commission, the yearly minimum rate will be determined by combining the rates for each property, and likewise the minimum quarterly allowance for each property will be combined. (Code 1970, § 27-18) Sec. 22-35. Approved of plumbing prior to connection with water system. No water service shall be connected until the plumbing and connections incident thereto shall have been inspected and approved by the plumbing inspector. (Code 1970, § 27-19) Sec. 22-36. City not liable for interruptions in service; right of city to restrict use of water. The city shall not be liable for any damage resulting from bursting of any main, service pipe or cock, or by shutting off of water for repairs, extensions or connections, or from the accidental failure of the water supply from any cause whatsoever. In cases of emergency, the 1281 § 22-36 ATLANTIC BEACH CODE city shall have the right to restrict the use of water in any reasonable manner for the protection of the city and its water supply. (Code 1970, § 27-20) Sec. 22-37. Application for water service in new subdivisions; costs of pipes, etc., in subdivisions to be paid by developer;exception. (a) Any person subdividing or resubdividing any plot or tract of land shall apply to the city for water service. (b) Upon approval of the application by the city commission, the applicant shall agree to deposit with the city the cost of the lines, mains, pipes, fire hydrants, valves, meters, engi- neering, etc.,and the city shall cause to be prepared the necessary plans and specifications for the construction of the water lines, etc. (c) When the estimated cost of the water lines has been determined, the applicant shall forthwith deposit with the city a sum of money equal to the estimate,or he may elect to install the water lines himself according to the plans and specifications and under the supervision of the city. He shall pay the cost of the engineering and shall provide the surety as the city commission may require.If the actual cost is more than the estimated cost,the developer shall pay to the city the additional cost. If the actual cost is less than the estimated cost, the difference shall be refunded to the developer. (d) If the future development of the area beyond the limits of the proposed development requires the installation of a water main larger than the main required for domestic and fire service within the proposed development, the city shall agree to pay the difference in the cost of materials only between the main capable of providing domestic and fire service within the proposed development and the main necessary to serve the area beyond the development. The method of payment of this cost by the city shall be negotiated between the developer and the city. (Code 1970, § 27-21) Sec. 22-38. Extensions of water mains of more than one hundred feet in existing streets. Any application for water service on a street right-of-way or easement existing or dedi- cated prior to January 1, 1961, requiring an extension in excess of one hundred (100) feet, shall be approved by the city commission. If the city commission finds that it is not economi- cally feasible to construct the water line and the applicant provides the necessary funds to construct the line, the city and the applicant shall agree by written contract to the refunding to the applicant of the funds. The method and amount of refunding shall be negotiated between the applicant and the city. (Code 1970, § 27-22) Sec. 22-39. Water shortages. (a) Prohibition or curtailment of certain nonessential uses generally. The prohibitioi. or curtailment of certain nonessential uses of water shall be restricted or curtailed as set forth by this section and shall be effective only during a water shortage as declared to exist by the St. 4110 Johns River Water Management District. 1282 UTILITIES § 22-39 • 1111 (b) Irrigation of lawns generally; exception. Irrigation of lawns is prohibited between 9:00 a.m. and 6:00 p.m., unless by discharge from heat pump air conditioning units. (1) Anyone watering a lawn by heat pump which does not have a secondary discharge source shall present proof of this situation and obtain a permit from the city manag- er's office identifying the situation; (2) The city manager shall devise a system to identify owners of heat pump air condition- ing unit watering systems and the city clerk is authorized to charge a reasonable administrative fee to defray any expenses incurred. (c) Irrigation of ferns, ornamentals, flowers, etc., for those utilizing water for irrigation in the growing of ferns, ornamentals, flowers, foilage, and turf grass (including cemeteries and golf courses),the following water conservation practices shall be required: (1) Irrigation is prohibited during the hours between 12:00 noon and 6:00 p.m., unless extreme weather conditions exist to warrant the use of water for freeze protection during these hours; (2) Irrigation with the use of sewage effluent shall be exempt from the provisions of this section. (d) Lawn watering schedule. Immediately upon determining that the city water system has exceeded any limitation imposed by the St. Johns River Water Management District the city manager shall implement and publicly announce the following additional water conser- vation measures.Lawn watering by city water or private wells shall be permitted only by this schedule: (1) North of Plaza Road, Mondays, Wednesdays and Fridays, between the hours of 6:00 p.m. and 9:00 a.m. the following day; (2) South of Plaza Road, Tuesdays,Thursdays and Saturdays,between the hours of 6:00 p.m. and 9:00 a.m. the following day; • (3) No water to be permitted on Sundays after 9:00 a.m. (e) Additional conservation measures. Should the additional conservation measures listed in paragraph(c)fail to achieve compliance with the limitations imposed by the St.Johns River Water Management District, the city manager shall implement the following further water conservation measures: (1) The washing of sidewalks, walkways, driveways, parking lots, tennis courts, and all other hard-surfaced areas by hosing or by use of water directly from faucets or other outlets, is prohibited except it shall not be unlawful to wash such areas from water contained in a bucket or container not exceeding three-gallon capacity; (2) The washing of motor vehicles,trailers, or boats by hosing or by use of water directly from faucets or other outlets, is prohibited except: a. It shall not be unlawful to wash such motor vehicles, trailers, or boats from • water contained in a bucket or container not exceeding three-gallon capacity; and 1283 § 22-39 ATLANTIC BEACH CODE b. This subsection shall not be applicable to the washing of motor vehicles,trailers, or boats at commercial vehicle washing facilities operated at fixed locations; (3) Swimming pools will not be filled or refilled using city water; (4) No water will be permitted to be used from fire hydrants for any construction work or fire drills. (Ord. No. 80-82-21, § 5, 4-26-82) Secs. 22-40-22-55. Reserved. ARTICLE III. WASTEWATER SYSTEM* DIVISION 1. GENERALLY Sec. 22-56. Definitions. For the purposes of this article,the following words and phrases shall have the meanings ascribed to them by this section: Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty(20)degrees Celsius expressed in milligrams per liter. Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste,and other drainage pipes inside the walls of the building and conveys it to the building sewer, and shall terminate five (5) feet or one and five-tenths(1.5)meters outside the outer face of the building wall. Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal, and shall commence five(5)feet or one and five-tenths(1.5)outside the outer wall of the building. City manager shall mean the city manager of the city or his authorized deputy agency, or representative, such as the city engineer, public works superintendent, superintendent of wastewater facilities, etc. Combined sewer shall mean a sewer intended to receive both wastewater and storm or surface water. Such combined sewer shall be prohibited. Easement shall mean an acquired legal right for the specific use of land owned by others. Floatable oil shall mean oil,fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater *Cross reference—Plumbing code, § 6-56 et seq. 4111 1284 AB 137 1 UTILITIES § 22-56 shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. Garbage shall mean the waste resulting from the handling, preparation, cooking, and serving of foods. Industrial wastes shall mean the wastewater from industrial processes,trade,or business as distinct from domestic or sanitary wastes. May is permissive. Natural outlet shall mean any outlet,..including storm sewers and combined sewer over- flows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater. Person shall mean any individual, firm, company, association, society, corporation, or group. pH shall mean the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams,per liter of solution. Neutral water,for example,has a pH va'ue of 7 and a hydrogen ion concentration of 10-' Properly shredded garbage shall mean the wastes from the preparation, cooking, and 4110 dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers,with no particle greater than one-half inch(1.27 centimeters)in any dimension. Public sewer shall mean a common sewer controlled by a governmental agency or public utility. Sanitary sewer shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants,•and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally. Sewage shall mean the spent water of a community. The preferred term is wastewater. Sewer shall mean a pipe or conduit that carries wastewater or drainage water. Shall is mandatory. Slug shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works. Storm drain shall mean a drain or sewer for conveying storm water, groundwater, subsurface water, or unpolluted water from any source. 111, Suspended solids(SS)shall mean total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by 1285 AB 1372 § 22-56 ATLANTIC BEACH CODE laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue. Unpolluted water shall mean water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facili- ties provided. Wastewater shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present. Wastewater facilities shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent. Wastewater treatment works shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with waste treatment plant or wastewater treatment plant or water pollution control plant. Watercourse shall mean a natural or artificial channel for the passage of water either continuously or intermittently. (Ord. No. 80-83-23, § 1(Art. I, §§ 1-26), 6-27-83) • Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 22-57. Maliciously damaging,etc.,facilities. No person shall maliciously or willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the wastewater facilities.Any person violating this provision shall be subject to immediate arrest and prosecution. (Ord. No. 80-83-23, § I(Art. VI, § 1), 6-27-83) State law reference—Criminal mischief, F.S. § 806.13. Secs. 22-58-22-70. Reserved. DIVISION 2. USE OF PUBLIC SEWERS REQUIRED Sec. 22-71. Depositing human or animal excrement. It shall be unlawful for any person to place, discharge, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or objectionable waste. (Ord. No. 80-83-23, § 1(Art. II, § 1), 6-27-83) Sec. 22-72. Discharging untreated wastewater or polluted waters into natural out- lets,etc. It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article. (Ord. No. 80-83-23, § I(Art. II, § 2), 6-27-83) 1286 AB 1373 UTILITIES § 22-88 110 Sec. 22-73. Constructing privies, septic tanks,cesspools. Except as provided in this article,it shall be unlawful to construct or maintain any privy, privy vault,septic tank,cesspool,or other facility intended or used for the disposal of wastewater. (Ord. No. 80-83-23, § I(Art. II, § 3), 6-27-83) Sec. 22-74. Installation of toilet facilities required; connection of facilities to public sewer. The owners of all houses, buildings, or properties used for human occupancy, employ- ment,recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located a public sanitary sewer of the city, is hereby required at the owner's expense to install suitable toilet facilities therein, and to connect the facilities directly with the proper public sewer in accordance with the provisions of this article within ninety(90)days after date of official notice to do so,provided the public sewer is within one hundred(100)feet or thirty and five-tenths(30.5)meters of the property line. (Ord. No. 80-83-23, § I(Art. II, § 4), 6-27-83) Secs. 22-75-22-85. Reserved. DIVISION 3. PRIVATE WASTEWATER DISPOSAL • Sec. 22-86. Construction of division. No statement contained in this division shall be construed to interfere with any addi- tional requirements that may be imposed by the public health and environmental authorities. (Ortd. No. 80-83-23, § I(Art. III, § 7), 6-27-83) Sec. 22-87. Where required. Where a public sanitary sewer is not available under the provisions of section 22-74, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article. (Ord. No. 80-83-23, § I(Art. III, § 1), 6-27-83) Sec. 22-88. Permits. (a) Obtaining permit. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the City of Jackson- ville Health, Welfare, and Bioenvironmental Services Division. (b) Application. The application for permit shall be made on a form furnished by the division, which the applicant shall supplement by any plans, specifications, and other infor- mation as are deemed necessary by the division. (c) Effective date. A permit for private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the division and the city manager. 1287 § 22-88 ATLANTIC BEACH CODE (d) Inspections. The division and the city manager shall be allowed to inspect the work at any stage of construction.The applicant for the permit shall notify the division when the work is ready for final inspection, and before any underground portions are covered. (Ord. No. 80-83-23, § I(Art. III, §§ 2, 3), 6-27-83) Sec. 22-89. Compliance regarding type,capacities,location and layout. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the City of Jacksonville Health, Welfare, and Bioenvi- ronmental Services Division. (Ord. No. 80-83-23, § I(Art. III, § 4), 6-27-83) Sec. 22-90. Connection to public sewers; cleaning and filling. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in section 22-89, a direct connection shall be made to the public sewer within ninety(90)days in compliance with this article, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material. (Ord. No. 80-83-23, § I(Art. III, § 5), 6-27-83) Sec. 22-91. Maintenance. The owner shall operate and maintain the private wastewater disposal facilities in a1110 sanitary manner at all times, at no expense to the city. (Ord. No. 80-83-23, § I(Art. III, § 6), 6-27-83) Secs. 22-92-22-100. Reserved. DIVISION 4. BUILDING SEWERS AND CONNECTIONS Sec. 22-101. Costs and expenses;indemnification of city against loss, etc. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. No. 80-83-23, § I(Art. IV, § 3), 6-27-83) Sec. 22-102. Permits—Required. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city manager. (Ord. No. 80-83-23, § I(Art. IV, § 1), 6-27-83) Sec. 22-103. Same—Classification; application. There shall be two(2)classes of building sewer permits: • (1) For residential and commercial service; and 1288 UTILITIES § 22-108 1110 (2) For service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the city manager. (Ord. No. 80-83-23, § I(Art. IV, § 2), 6-27-83) Sec. 22-104. Separate building sewer for each building;exception. A separate and independent building sewer shall be provided for every building, except where one (1)building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley,court,yard, or driveway,the sewer for the front building may be extended to the rear building and the whole considered as one(1)building sewer,but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. (Ord. No. 80-83-23, § I(Art. IV, § 4), 6-27-83) Sec. 22-105. Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the city manager, to meet all requirements of this article. (Ord. No. 80-83-23, § I(Art. N, § 5), 6-27-83) Sec. 22-106. Conformance with building and plumbing codes. The size,slope, alignment,materials of construction of a building sewer, and the methods to be used in excavating,placing of the pipe,jointing,testing,and backfilling the trench,shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. (Ord. No. 80-83-23, § I(Art. N, § 6), 6-27-83) Sec. 22-107. Elevation. Whenever possible, the building sewer shall be brought to the building at an elevation below the lowest floor level. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. No. 80-83-23, § I(Art. N, § 7), 6-27-83) Sec. 22-108. Connection of roof downspouts,foundation drains,surface runoff,etc. No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater or well water, including that from water- source heat pumps to a building sewer or building drain which in turn is connected directly or 1289 § 22-108 ATLANTIC BEACH CODE indirectly to a public sanitary sewer unless such connection is approved by the city manager for purposes of disposal of polluted surface drainage. (Ord. No. 80-83-23, § I(Art. IV, § 8), 6-27-83) Sec. 22-109. Connections;conformance;making gastight and watertight; deviations. The connection of the building sewer into the public sewer shall conform to the require- ments of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing.Any deviation from the prescribed procedures and materials must be approved by the city manager before installation. (Ord. No. 80-83-23, § I(Art. IV, § 9), 6-27-83) Sec. 22-110. Inspections; supervision of connections. The applicant for the building sewer permit shall notify the city manager when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the city manager or his representative. (Ord. No. 80-83-23, § I(Art. IV, § 10), 6-27-83) Sec. 22-111. Barricading,restoring excavations. 11111 All excavations for building sewer installation within public right-of-way shall be ade- quately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of such work shall be restored in a manner satisfactory to the city. (Ord. No. 80-83-23, § I(Art. IV, § 11), 6-27-83) Secs. 22-112-22-125. Reserved. DIVISION 5. USE OF PUBLIC SEWERS Sec. 22-126. Construction of division. No statement contained in this division shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an indus- trial waste of unusual strength or character may be accepted by the city for treatment. (Ord. No. 80-83-23, § I(Art. V, § 11), 6-27-83) Sec. 22-127. Discharging unpolluted waters into sanitary sewer;exception. No person shall discharge or cause to be discharged any unpolluted waters such as storm water, groundwater, roof runoff, subsurface drainage, cooling water, or water-to-air heat pump water to any sewer, except storm water runoff from limited areas, which storm water 1290 UTILITIES § 22-130 • may be polluted at times, may be discharged to the sanitary sewer by permission of the city manager. (Ord. No. 80-83-23, § I(Art. V, § 1), 6-27-83) Sec. 22-128. Discharging storm water,etc.,into storm sewers or natural outlets. Storm water other than that exempted under section 22-127, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the city manager and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the city manag- er,to a storm sewer or natural outlet. (Ord. No. 80-83-23, § I(Art. V, § 2), 6-27-83) Sec. 22-129. Prohibited discharges. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (1) Any gasoline,benzene,naphtha,fuel oil,or other flammable or explosive liquid, solid or gas; • (2) Any waters containing toxic or poisonous solids, liquids or gases in sufficient quanti- ty, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant; (3) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and person- nel of the wastewater works; (4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of sewers, such as ashes, bones, cinders, sand, mud, straw, grass clippings, shavings, metal, glass, rags, feathers, tar, plastics, wood, and unground garbage, whole blood, paunch ma- nure,hair and fleshings, entrails and paper dishes,cups, milk containers,etc., either whole or ground by garbage grinders. (Ord. No. 80-83-23, § I(Art. V, § 3), 6-27-83) Sec. 22-130. Limitations on discharge concentrations or quantities. The following described substances, materials, waters, or waste shall be limited in dis- charges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the 41). receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The city manager may set limitations lower than the limitations established in the 1291 § 22-130 ATLANTIC BEACH CODE •regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the city manager will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the city manager are as follows: (1) Wastewater having a temperature higher than one hundred fifty(150)degrees Fahr- enheit (sixty-five (65) degrees Celsius), and a biochemical oxygen demand and sus- pended solids content not exceeding two hundred(200)milligrams per liter each; (2) Wastewater containing more than twenty-five (25) milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or a product of mineral oil origin; (3) Wastewater from industrial plants containing floatable oils, fat, or grease; (4) Any garbage that has not been properly shredded. Garbage grinders may be con- nected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the prepa- ration of food in kitchens for the purpose of consumption on the premises or when served by caterers; (5) Any waters or wastes containing iron, chromium, copper,zinc, and similar objection- able or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits estab- lished by the city manager for such materials; (6) Any waters or wastes containing odor-producing substances exceeding limits which may be established by the city manager; (7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed , limits established by the city manager in compliance with applicable state or federal regulations; (8) Quantities of flow, concentrations, or both which constitute a "slug" as defined in section 22-56; (9) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; (10) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes. (Ord. No. 80-83-23, § I(Art. V, § 4), 6-27-83) 4110 1292 UTILITIES § 22-134 4110 Sec. 22-131. Options of city manager regarding wastes listed in section 22-130. (a) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 22-130, and which in the judgment of the city manager, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city manager may: (1) Reject the wastes; (2) Require pretreatment to an acceptable condition for discharge to the public sewers; (3) Require control over the quantities and rates of discharge; and/or (4) Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 22-136. (b) When considering the above alternatives,the city manager shall give consideration to the economic impact of each alternative on the discharger. If the city manager permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the local or state agency having authority in such matter, and of the city manager. (Ord. No. 80-83-23, § I(Art. V, § 5), 6-27-83) 4110 Sec. 22-132. Grease, oil and sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the city manager, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in section 22-130(3), or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not normally be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city manager and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner shall be responsi- ble for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the city manager. Any removal and hauling of the collected materials not performed by owner's personnel must be performed by currently licensed waste disposal firms. (Ord. No. 80-83-23, § I(Art. V, § 6), 6-27-83) Sec. 22-133. Pretreatment or flow-equalizing facilities. • Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes,they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. No. 80-83-23, § I(Art. V, § 7), 6-27-83) Sec. 22-134. Structures for observation,sampling and measurement. When required by the city manager, the owner of any property serviced by a building sewer into which industrial wastes are discharged shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate 1293 § 22-134 ATLANTIC BEACH CODE • observation sampling, and measurement of the wastes.The structure,when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the city manager. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. Representatives of the city and regulatory agencies shall be granted admission for inspection and sampling upon request. (Ord. No. 80-83-23, § I(Art. V, § 8), 6-27-83) Sec. 22-135. Information for determination of compliance. The city manager may require a user of sewer services to provide information needed to determine compliance with this article. These requirements may include: (1) Wastewater discharge peak rate and volume over a specified time period; (2) Chemical analyses of wastewaters; (3) Information on raw materials, processes, and products affecting wastewater volume and quality; (4) .Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control; (5) A plot plan of sewers on the user's property showing sewer and pretreatment facility location; (6) Details of wastewater pretreatment facilities; 1110 (7) Details of systems to prevent and control the losses of materials through spills to the municipal sewer. (Ord. No. 80-83-23, § I(Art. V, § 9), 6-27-83) Sec. 22-136. Measurements,tests and analyses determinations. All measurements, tests, and analyses of the characteristics of waters and wastes to , which reference is made in this article shall be determined in accordance with the latest edition of"Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times durations, and frequencies are to be determined on an individual basis subject to approval by the city manager. (Ord. No. 80-83-23, § I(Art. V, § 10), 6-27-83) Secs. 22-137-22-150. Reserved. DIVISION 6. POWERS AND AUTHORITY OF INSPECTORS Sec. 22-151. Rights of entry of authorized employees. The city manager and other duly authorized employees of the city and regulatory agen- cies bearing proper credentials and identification shall ask permission to enter all properties41) at reasonable times for the purpose of inspection, observation, measurement, sampling, and 1294 UTILITIES § 22-166 411) testing pertinent to discharge to the community system in accordance with the provisions of this article. The city shall have the right to suspend service if permission is denied. (Ord. No. 80-83-23, § I(Art. VII, § 1), 6-27-83) Sec. 22-152. Information concerning industrial processes. The city manager or other duly authorized employees are authorized to obtain informa- tion concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry must establish that the revela- tion to the public of the information in question might result in an advantage to its competitors. (Ord. No. 80-83-23, § I(Art. VII, § 2), 6-27-83) Sec. 22-153. Observing safety rules;indemnification and liability. While performing the necessary work on private properties referred to in section 22-151, the manager or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees,and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 22-134. 4110 (Ord. No. 80-83-23, § I(Art. VII, § 3), 6-27-83) Sec. 22-154. Easements. The city manager and other duly authorized employees of the city bearing proper creden- tials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling,repair, and maintenance of any portion of the wastewa- ter facilities lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. No. 80-83-23, § I(Art. VII, § 4), 6-27-83) Secs. 22-155-22-165. Reserved. DIVISION 7. SEWER USER CLASSIFICATION RATES AND CHARGES Sec. 22-166. Establishment of classes. There is hereby established a uniform class of sewer users as follows: (1) Class A. Single-family residential units and individually metered multifamily units connected to a city-owned sewage collection system; • (2) Class B. Two-family residential units on one (1) meter and not individually metered connected to a city-owned sewage collection system; 1295 § 22-166 ATLANTIC BEACH CODE (3) Class C. Single-family residential units within a business building; (4) Class D. Multifamily residential units on one(1)meter and not individually metered connected to a city-owned sewage collection system; (5) Class E. Motels and hotels connected to a city-owned sewage collection system; (6) Class F. Mobile home residential units connected to a city-owned sewage collection system; (7) Class G. Commercial and business establishments connected to a city-owned sewage collection system; (8) Class H Special users. Churches and elementary schools connected to a city-owned sewage collection system; (9) Class I. Industrial waste users subject to a surcharge. (Ord. No. 80-83-23, § I(Art. VIII, § 1), 6-27-83) Sec. 22-167. Schedule of wastewater user charges. There is hereby established a uniform schedule of rates and charges by classes for their use or availability for use of the sewer system of the city as follows: (1) Customers inside the city: User charge Class per quarter A Single-family residential $ 40.00 • B Two-family residential 66.70 C Single-family in business 40.00 D Multifamily residential,per unit 30.00 E Motels and hotels,per unit 20.00 F Mobile home,per unit 30.00 G Commercial: Base charge 20.00 Plus volume charges as follows: 15,000 gallons or less 30.00 Over 15,000 gallons(per 1,000 gallons) 1.50 H Special users: Churches 40.00 Elementary schools 320.00 (2) Customers outside the city:The rates applicable to customers outside of the city shall be one and one-half(11 )times the above rate applicable to customers inside the city. (Ord. No. 80-83-23, § I(Art. VIII, § 2), 6-27-83; Ord. No. 80-83-24, § 1, 9-12-83) Sec. 22-168. Review and changes of rates. The uniform rates and charges established by this division shall be reviewed annually,or as directed by the city commission, and any change of rates and charges shall be established by ordinance of the city commission after due public notification. Any rates and charges • 1296 UTILITIES § 22-171 1111 established as provided in this division shall be binding with the same force and effect as if incorporated in this section. (Ord. No. 80-83-23, § I(Art. VIII, § 3), 6-27-83) Sec. 22-169. Connection fees. Charges for providing and approving connections to the sewer system with installation performed by the city are as follows and shall be in addition to impact fees. (1) Units with 34-inch water meter $500.00 (2) Units with 1-inch water meter or larger Cost of materials plus hourly rate times a factor of 2.5, but not less than$500.00 (Ord. No. 80-83-23, § I(Art. VIII, § 4), 6-27-83) Sec. 22-170. Impact fees. The fee for providing facilities for new connections and capacity increases for growth shall be as follows: 410 Residences,per unit $1,035.00 Commercial: Office buildings,per 100 square feet 40.00 Groceries,per 100 square feet 20.00 Retail shops,per restroom 1,260.00 Theatres, per seat 16.00 Restaurants,per seat 160.00 Service stations,per restroom 3,150.00 Car wash,per stall 3,150.00 Beauty shops/barber shops,per chair 630.00 Laundromats,per machine 790.00 Hotels/motels, per restroom 475.00 (Ord. No. 80-83-23, § I(Art. VIII, § 5), 6-27-83) Sec. 22-171. Payment of connection fees and impact fees. Payment of connection fees shall be due and payable prior to the issuance of a building permit. For existing buildings or structures, the city manager may allow payment of fees on an extended payment plan for up to five (5) years if the owner has demonstrated to the satisfaction of the city manager that the lump sum payment will constitute a hardship to the applicant. A lien for the amount due shall be executed in recordable form reflecting the payment schedule. Upon all payments being made in full,the lien shall be release of record. 4110 (Ord. No. 80-83-23, § I(Art. VIII, § 6), 6-27-83) 1297 § 22-172 ATLANTIC BEACH CODE Sec. 22-172. Disposition of impact fees. All revenues collected by the city through sewer impact fees shall be held in a special account to be known as the wastewater system capital improvement account. The money deposited and held in said account and all interests accrued thereto shall be used only for the improvement, expansion, and/or replacement of the wastewater collection, treatment, and disposal system of the city. (Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83) Sec. 22-173. Billing. The sewer charges prescribed by this division shall be on the same bill for the city water charges and garbage collection charges,but each charge shall be shown as a separate item on the bill. No user so charged for water, sewer, and garbage services may pay either of the charges without simultaneously paying the charges for the other. Bills for sewer charges where water and/or garbage service is furnished other than through the city shall be com- puted as provided in section 22-167 and rendered at the same time as city water bills. (Ord. No. 80-83-23, § I(Art. VIII, § 8), 6-27-83) Sec. 22-174. Delinquent bills. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after the thirtieth day from the billing date, dated on the bill, a penalty of five dollars ($5.00) shall be imposed and added to the bill. The city shall mail at that time a delinquent notice to the user stating that if the bill remains unpaid for a period of ten (10) additional days,then the city shall discontinue the service. If the bill remains unpaid for a period of ten (10)additional days,then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a turn-off and turn-on charge of ten dollars($10.00). If, after discontinuation of services, the bill remains unpaid for an additional thirty (30) days, the city shall acquire a lien on the property being serviced which may be foreclosed within thirty(30)days by the city unless the bill and the penalties thereon are paid and the lien satisfied. (Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83) • Sec. 22-175. Sewer charges applicable if sewer available. The rates and charges established by this division shall apply to all users whether owner, tenant, or occupier of the city water and sanitary sewer systems, or either of them,where city sewer is available for use, whether or not the connection has been made to the sewer. These charges shall not apply to any nonconnected user, until ninety (90) days after the sewer becomes available. Where notice of availability of sewer has heretofore been given to owner, tenant, or occupier, the provisions of this section shall be applicable within ninety (90) days from the date of the notice, and the city may commence billing procedures upon the expiration date of the notice. (Ord. No. 80-83-23, § I(Art. VIII, § 10), 6-27-83) Secs. 22-176-22-190. Reserved. 1298 UTILITIES § 22-192 DIVISION 8. SEWER SYSTEM EXTENSIONS Sec. 22-191. Purpose. This division establishes procedures to facilitate the orderly expansion of the city's sewage and drainage systems and provides alternatives for funding of the expansion by those benefiting thereby. (Ord. No. 80-83-23, § I(Art. IX, § 1), 6-27-83) Sec. 22-192. Construction of extension projects. (a) A city sewerage or drainage system extension project may be constructed by the city or by one (1) or more property owners, in accordance with plans prepared by or approved by the city. The city may construct an extension to its sewerage or drainage system at the sole expense of one(1) or more property owners or in whole or in part at city expense. (1) If the project is to be constructed at the sole expense of one (1) or more property owners benefiting from the project, the city engineer shall prepare or approve a plan describing the scope and purpose of the proposed extension and the estimated cost thereof. Before any expenses are incurred or obligated by the city, the property owners agreeing to bear the expense of the project shall pay over to the city the total estimated cost of the project and shall agree in writing to pay on demand any additional expenses actually incurred by the city in constructing the extension. The funds paid to the city shall be deposited in a special extension project trust account in the sewer or drainage enterprise fund,from which all expenses of the project shall be paid without further appropriation. After completion of the project, any remaining funds in excess of those required to be expended for construction thereof may be refunded to the contributing property owners in proportion to their contribution to the project. (2) If the city determines that a sewerage or drainage system extension project is to be constructed by the city in whole or in part at city expense, the city manager shall submit to the city commission for approval by resolution a description of the scope and purpose of the proposed extensions,the estimated cost thereof, and an analysis of project feasibility, including the basis upon which construction with city funds is recommended. Upon approval by the city commission,the city manager shall proceed with the project only after the funds, if any, to be contributed by one (1) or more property owners benefiting from the project have been paid to the city. Contributions by property owners shall be subject to the provisions of paragraph(aX1) above. (b) The city may authorize a city sewerage or drainage system extension project to be constructed by one(1) or more property owners benefiting from the project. A property owner requesting an extension shall apply in writing to the city, describing in detail the scope and 41, purpose of the proposed extension and an analysis of the project feasibility, including an estimate of projected operation and maintenance cost and project revenue related to the project. The applicant shai also file, before final authorization to commence the project is 1299 § 22-192 ATLANTIC BEACH CODE given by the city, detailed project plans and specifications. The city shall, within sixty (60) days from the filing of the detailed project plans and specifications, either approve or deny final authorization of the project; however, the time limitation may be extended by mutual written agreement of the city and the property owner. The city may deny an application if the project fails to comply with a requirement of this chapter or authorized city regulations, or the project will result in an economic operating loss to the city. (Ord. No. 80-83-23, § I(Art. IX, § 2), 6-27-83) Sec. 22-193. Sewer service without water service. A sewerage system extension project to extend sewer service to any area not served, and not to be concurrently served,by the city's water system, may be initiated only after approval • by the city commission. (Ord. No. 80-83-23, § I(Art. IX, § 3), 6-27-83) Sec. 22-194. Design standards. All plans and specifications relating to sewerage or drainage system extension projects shall comply with established city standards and shall be prepared by a professional engineer registered in the state. With respect to prbject8 not designed and constructed by the city, the property owner authorized to undertake the project shall file with the city a reproducible set of plans showing the completed work, as built.The city engineer or his designated representa4110 - tive shall make periodic inspections and a final inspection certifying that the work as con- structed complies with established city standards,and shall submit a final project approval report to the city. (Ord. No. 80-83-23, § I(Art. IX, § 4), 6-27-83) Sec. 22-195. Construction standards. All extensions of the city's sewerage or drainage systems shall comply with the following standards: (1) All sanitary sewers,sewerage pumping stations,and related appurtenances or drainage structures installed or constructed under this chapter are to be conveyed to the city and shall be located only in a public right-of-way, on city-owned property, or in easements acceptable to the city. Where the property is under development, sewer- age, or drainage system extensions shall not be installed until the finished grades of the rights-of-way or easements have been established and approved by the city engineer, and•the rights-of-way or easements have been constructed to at least design subgrade. (2) All installations shall be made in a manner and of those materials that are in accordance with standards and requirements established by the city, and all plans, specifications, promises, or construction sites shall be subject to inspection and ap- proval by the city engineer or his designee at any time during or after completion of construction prior to acceptance by the city. No installation or construction by a 1300 UTILITIES § 22-195 property owner shall be accepted by the city as finally approved until there is delivered to the city an affidavit which adequately protects the city's interests against mechanics' liens or other liens which might be asserted against the property under applicable law, the form and conditions of the affidavit to be approved by the city attorney. (3) Every building sewer shall terminate at the owner's property line and shall be installed and connected to the building plumbing by the property owner at his expense. (4) Actual interconnection of the extension with the existing city sewerage system shall be prevented by omitting a connecting section or by placing a temporary bulkhead in the connecting lines until the extension project has been fully inspected and approved and all other conditions for extension of service have been met. (5) All portions of a sewerage system extension project located in a public right-of-way, city-owned property, or a public easement, shall upon installation, become the prop- erty of the city, and the filing of an application for approval of construction of a project by a property owner shall be deemed to be consent to the transfer cf owner- ship. The property owner shall execute and deliver to the city deeds or other evi- dences of ownership that the city may require. No installation on construction by a property owner made pursuant to this chapter shall be accepted by the city as finally approved until there is delivered to the city an affidavit which adequately protects the city's interests against mechanics' liens or other liens which might be asserted against the property under applicable law. The forward conditions of the affidavit must be approved by the city attorney. (Ord. No. 80-83-23, § I(Art. IX, § 5), 6-27-83) 11110 [The next page is 1351] 1301 • Chapter 23 VEGETATION* Art. I. In General, §§ 23-1-23-15 Art. II. Trees, §§ 23-16-23-35 Art. III. Accumulation of Weeds, §§ 23-36-2340 ARTICLE I. IN GENERAL Secs. 23-1-23-15. Reserved. ARTICLE II.TREES Sec. 23-16. Building official—Jurisdiction and supervision. The building official shall have exclusive jurisdiction and supervision over all provisions of this article except as otherwise provided by this Code. (Code 1970, § 26.1-1) 41) Sec. 23-17. Same—Authority regarding supervision of work,under permits. The building official shall have the authority and it shall be his duty to supervise all work done under a permit issued in accordance with the terms of this article. (Code 1970, § 26.1-2) Sec. 23-18. Permits for removal of trees. No person shall remove a tree from public or private property that has a trunk of more than six(6)inches in diameter as measured within three(3)feet of the ground unless a permit is issued by the official for such removal. If a tree with a trunk exceeding six (6) inches in diameter is located within the required building restriction lines, it may be removed without a permit. (Code 1970, § 26.1-3) Sec. 23-19. Damage or destruction. No person shall damage, cut, carve, injure the bark or cause or permit any wire, chain or other choke to be installed around the circumference of a tree, or allow any gaseous, liquid or solid substance which is harmful to trees to come in contact with any tree that would ultimately cause its destruction. (Code 1970, § 26.14) • Secs. 23-20-23-35. Reserved. *Cross reference—Streets, sidewalks and other public places, Ch. 19. 1351 § 23-36 ATLANTIC BEACH CODE ARTICLE II. ACCUMULATION OF WEEDS* • Sec. 23-36. Height of growth. No owner or person in control of any lot,place or area within the city, or the agent of the owner or person in control, shall permit on such lot, place or area, or upon any abutting area between the right-of-way line/property line,any weeds,grasses or other deleterious,unhealth- ful growth to exceed a height of twelve(12)inches. Exceptions to the provisions.of this article shall apply to those properties located in undeveloped areas of the city which are at least twenty (20) feet from the nearest occupied residential or business property, and which are at least twenty(20)feet away from an adjoining right-of-way in which there is a paved street. (Ord. No. 55-82-19, § 1, 3-22-82) Sec. 23-37. Notice to cut, destroy,etc. The city manager or his designee annually or near the commencement of the growing season, shall notify by general publication in a newspaper published within the city, all such owners,persons in control, or agents to cut, destroy, or remove any such weeds, grass, growth or matter found growing, or located on such property. (Ord. No. 55=82-19, § 2, 3-22-82) Sec. 23-38. Action upon noncompliance. Upon the failure, neglect, or refusalof any such owner, person in control, or agent, so notified to cut, destroy or remove any such weeds, grass, growth, after publication of a notice provided in section 23-37 above, the city or its authorized agent shall cut, destroy or remove any weeds, grass, growth or matter, and any expense incurred by the city or its authorized agent in doing so shall be charged against the property owner,person in control, or agents so failing, which charge may be recovered; provided, that no land clearance made necessary by excessive growth shall be done unless the city or its authorized agent shall first post a notice on the property to clear the excessive growth and the owner, person in control, or agent shall have seven(7)days after such notice to so clear the land. (Ord. No. 55-82-19, § 3, 3-22-82) Sec. 23-39. Removal by city. If, within seven(7)days after posting of the notice and the condition described,the notice is not then remedied,the city manager shall cause the condition to be remedied by the city at the expense of the property owner. (Ord. No. 55-82-19, § 4, 3-22-82) Sec. 2340. Payment of charges,special assessment liens. After causing the condition to be remedied, the city manager or his designee shall certify to the finance department the expense incurred in remedying the condition, whereupon such expense, plus a charge equal to one hundred (100) percent of the expense to cover city *Cross reference—Refuse and garbage, Ch. 16. 1352 VEGETATION § 23-40 administrative expenses,plus advertising costs, shall become payable within thirty(30)days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at a rate of ten (10) percent per annum from the date of the certification until paid. (Ord. No. 55-82-19, § 5, 3-22-82) • [The next page is 1403] 1353 41110 Chapter 24 ZONING AND SUBDIVISION REGULATIONS* Art. 1. In General, §§ 24-1-24-15 Art. II. Language and Definitions, §§ 24-16-24-30 Art. III. Zoning Regulations, §§ 24-31-24-185 Div. 1. Generally, §§ 24-31-24-45 Div. 2. Administration, §§ 24-46-24-60 Div. 3. Application Procedure, §§ 24-61-24-80 Div. 4. General Provisions and Exceptions, §§ 24-81-24-100 Div. 5. Establishment of Districts, §§ 24-101-24-125 Div. 6. Planned Unit Development(PUD), §§ 24-126-24-150 Div. 7. Supplementary Regulations, §§ 24-151---24-185 Art. IV. Subdivision Regulations, §§ 24-186-24-258 Div. 1. Generally, §§ 24-186-24-200 Div. 2. Application Procedure, §§ 24-201-24-220 Div. 3. Required Improvements, §§ 24-221-24-230 Div. 4. Assurance for Completion and Maintenance of Improvements, §§ 24-231- 24-250 Div. 5. Design and Construction Standards, §§ 24-251-24-258 ARTICLE I. IN GENERAL Sec. 24-1. Adoption;authority. This chapter, together with all future amendments thereto, is adopted under the terms granted by article XIV of the Charter. The city commission does hereby exercise the power to classify land within the jurisdiction of the city into zoning districts; to review, approve and/or disapprove requests to change zoning classifications, requests for exceptional uses, and re- quests for variances; to hear appeals on any decisions; and to review and approve and disapprove plats for subdivision of land. (Ord. No. 90-82-74, § 2(I, B), 7-26-82) Sec. 24-2. Purpose and intent. The purpose of this chapter and the districts and regulations herein set forth is to provide for orderly growth; to encourage the most appropriate use of land; to protect and conserve the value of property; to prevent the overcrowding of land; to promote, protect and improve the *Charter references—Zoning, § 127 et seq.; zoning commission, § 132; board of adjust- ment, § 133 et seq. Cross references—Any ordinance amending the zoning map saved from repeal, § 1-5(9); buildings and building regulations, Ch. 6; flood hazard districts, Ch. 8; mobile homes and recreational vehicles, Ch. 10; planning, 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. 1403 § 24-2 ATLANTIC BEACH CODE health, safety, comfort, good order, appearance, convenience, morals and general welfare of 1111 the public; and to help accomplish the goals and objectives of the comprehensive plan. Further: (1) In interpreting and applying the provisions of this chapter,these provisions shall be held to be the minimum requirements for the promotion of the health,safety, morals and general welfare of the community. (2) It is not intended by this chapter to interfere with or abrogate or annul any ease- ments, covenants or other agreements between parties. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter, or any other ordinance,.rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. (Ord. No. 90-82-74, § 2(I, C), 7-26-82) Sec. 24-3. Jurisdiction. The provisions of this chapter shall apply to all lands, buildings, structures and to the uses within the jurisdiction of the city.No land,building or structure shall be moved,added to or enlarged, altered'or maintained, except in conformity with the provisions of this chapter. (Ord. No. 90-82-74, § 2(I, D), 7-26-82) Sec. 24-4. Amendments. For the purpose of providing the public health, safety and general welfare, the city commission may, from time to time, amend the provisions imposed by this chapter. Public hearings on all proposed amendments shall be held by the city commission or planning board in the manner prescribed by law. (Ord. No. 90-82-74, § 2(I, G), 7-26-82) State law reference—Procedures for adoption of ordinances and resolutions, F.S. § 166.041. Secs. 24-5-24-15. Reserved. ARTICLE II.LANGUAGE AND DEFINITIONS* Sec. 24-16. Construction of language. The following rules of construction apply to the text of this chapter: (1) The particular shall control the general. (2) In case of any difference of meaning or implication between the text of this chapter and any caption or illustrative table, the text shall control. (3) The word "shall" is always mandatory and not discretionary. The word "may" is permissive. *Cross reference—Definitions and rules of construction generally, § 1-2. 1404 ZONING AND SUBDIVISION REGULATIONS § 24-17 (4) A"building" or"structure" includes any part thereof. (5) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for". (6) Unless the context clearly indicates the contrary,where a regulation involves two(2) or more items, conditions, provisions or events connected by the conjunction "and", - "or" or"either . . . or,"the conjunction shall be interpreted as follows: a. "And" indicates that all the connected items, conditions, provisions or events shall apply; b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination; c. "Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (7) The word"includes"shall not limit a term to the specified examples,but is intended to extend its meaning to all other instances or circumstances of like kind or character. (Ord.No. 90-82-74, § 2(II,A), 7-26-82) Sec. 24-17. Definitions. For purposes of this chapter,the following terms shall have the meanings set forth in this section: Abutting property shall mean any property that is immediately adjacent to or contiguous to property that may be subject to any hearing required to be held under this chapter,or that is located immediately across any road or public right-of-way from the property subject to any hearing under this chapter. Accessory buildings and uses shall mean a subordinate building or portion of a main building, the use of which is incidental to that of the dominant use of the main building or land, including accessory signs, bona fide servants' quarters and greenhouses operated on a nonprofit basis. An accessory use is one that is incidental to the main use of the premises. Such building,structure or use is substantially completed.Each structure shall not exceed six hundred(600)square feet in area. Alley shall mean a public or private way,which affords only a secondary means of access to property abutting thereof, which is not otherwise designated a thoroughfare or for general traffic, and which is not otherwise designated as a street. Alteration shall mean any change in the arrangement of a building; any work affecting the structural parts of a building; or any change in wiring, plumbing or heating and air conditioning systems. Animal hospital. See Veterinary clinic or hospital. Apartment house. See Dwelling,multifamily. Applicant shall mean the record owner,or his authorized representative,of a tract of land which is the subject of a request for a change in zoning classification, a conditional use, a variance or an appeal. 1405 § 24-17 ATLANTIC BEACH CODE Arterial street shall mean a street designed or utilized primarily for high speed vehicular movements and heavy volumes of traffic, collecting traffic from collector streets. Automobile service station. See Service station, automotive. Automotive repair shall mean the repair,rebuilding or reconditioning of motor vehicles or parts thereof,including collision service,painting and steam cleaning of vehicles. Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinking of malt,vinous or other alcoholic beverages or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable within or thereon and where such beverages are consumed on the premises. Block shall mean all that property frontage along one highway,lying between the two(2) nearest intersecting of intercepting streets and railroad right-of-way or waterway,golf course, campus,park or similar open space. Boardinghouse, rooming house, lodging house or dormitory shall mean a building or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three(3)or more unrelated persons where no cooking or dining facilities are provided in individual rooms. Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in any amount and form satisfactory to the city commission. All bonds shall be approved by the city commission wherever a bond is required by this chapter. '(a) Maintenance bond:Upon issuance of the Certificate of Completion,or when required improvements are installed prior to recording the plat, surety must be posted in the amount of twenty-five (25) percent of the original engineer's estimate of the cost of improvements. The condition of this obligation is such that the city will be protected against any defects resulting from faulty materials or workmanship of the aforesaid improvements for a period of two(2)years. (b). Performance bond. When required improvements are installed after recording the plat,surety must be posted in the amount of one hundred twenty-five(125)percent of the engineer's estimate of costs, including landfill. Buffering. See Screening. Building shall mean any structure designed or built for support, enclosure, shelter or protection of persons, animals, chattels or property of any kind. Building shall include struc- ture. Any structure constructed or used for a residence,business,industry or other private or public purposes,including structures that are accessory to such uses,provided such structures are in compliance with the Standard Building Code. Building coverage. See Lot coverage. Building line shall mean an imaginary line across the property, defined in each district by the setback requirement on which the front wall of a building may be built. For the 1406 ZONING AND SUBDIVISION REGULATIONS § 24-17 41) purpose of measuring,setbacks shall be determined by measuring from any vertical support of a covered roof section to the nearest point to the lot line. Building,principal shall mean a building in which is conducted the main or principal use of the lot or parcel on which the building is situated. Building setback shall mean the minimum horizontal distance between the front, rear or side lines of the lot and the front,rear or side lines of the building. When two(2)or more lots under one ownership are used, the exterior property lines so grouped shall be used in deter- mining building setback when the interior common lot line is straddled by the principal structure. Bulkhead shall mean a structure separating land and water areas, primarily designed to resist earth pressures. Car wash shall mean an area of land and/or a structure with machine or hand operated facilities, used principally for the cleaning, washing, polishing or waxing of motor vehicles. Cemetery shall mean land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery. Center line, street shall mean a line running parallel with the highway right-of-way, which is half the distance between the extreme edges of the official right-of-way width. Certificate of completion shall mean that certificate issued by the city subsequent to final inspection that all improvements have been completed in conformity with the requirements of this chapter and the approved construction plans and specifications. Certificate of ownership shall mean an opinion of title of a licensed attorney or title company certifying to the city commission, based upon an examination of an abstract of title of the Official Records of Duval County, stating that the applicant is the owner in fee simple to the tract submitted for subdivision.The certificate shall also state the names and nature of all liens, mortgages and encumbrances against the title to said tract, if any. 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. Change of occupancy shall mean discontinuance of an existing use and the substitution of a different kind or class of use. Child care center shall mean any establishment which provides 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. The term child care center shall include day nurseries, day care services and day care agencies,but not community-based residential facilities. Church shall mean a building used for nonprofit purposes by a recognized or established religion as its place of worship. Such building may include a residential area for the pastor or minister of a sect. Clinic shall mean an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one(1)person or a group of persons practicing any 1407 § 24-17 ATLANTIC BEACH CODE form of healing or health building 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. Club shall mean a building and facilities owned and operated by a corporation or associa- • tion of persons for social or recreational purposes, but not operated primarily for profit nor to render a service which is customarily carried on as a business. Collector street, major shall mean a street carrying medium volumes of traffic collected primarily from minor collector streets and delivering the traffic to arterial streets. Collector street, minor shall mean a street carrying relatively light volumes of traffic primarily from minor streets to major collector streets. Community center shall mean a recreation and/or meeting facility usually provided in planned unit developments for the use of members and their guests. Comprehensive plan shall mean the local government comprehensive plan, which was adopted by this Code, consistent with F.S. § 163.3161, as amended, and serves as the legal guideline for the future development of the city. Construction permit shall mean the permit to begin construction of improvements accord- ing to the construction plans and specifications approved by the city under this chapter. Construction plans and specifications shall mean the engineering drawings, specifica- tions,tests and data necessary to show plans for construction of the proposed improvements in a subdivision in sufficient detail to permit evaluation of the proposals. Density shall mean the number of residential dwelling units permitted per acre of land, exclusive of dedicated public rights-of-way, canals and drainage ditches, lakes and rivers. Development is defined according to F.S. Ch. 380.04, as follows: (1) 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 two(2)or more parcels. (2) The following activities or uses shall be taken for the purposes of this chapter to involve development, as defined in this section: a. A reconstruction, alteration of the size or material change in the external ap- pearance of a structure on land. b. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices or dwelling units in a struc- ture or on land. c. Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any coastal construction, as defined in F.S. Ch. 161.021. d. Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of land. e. Demolition of a structure. 1111 1408 ZONING AND SUBDIVISION REGULATIONS § 24-17 f. Clearing of land as an adjunct of construction. g. Deposit of refuse, solid or liquid waste or fill on a parcel of land. (3) The following operations or uses shall not be taken for the purposes of this chapter to involve development as defined in this section: a. 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. b. 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 con- struction on established rights-of-way, any sewers, mains, pipes, cables, utility tunnels, power lines,towers,poles,tracks or the like. c. Work for the 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. d. The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. e. A change in the ownership or form of ownership of any parcel or structure. f. The creation or termination of rights of access, riparian rights, easements, cove- nants concerning development of land or other rights in land. Dwelling shall mean any building or portion thereof which is designed for or used for residential purposes but does not include a trailer coach or converted trailer, hotel, motel, lodginghouse or boardinghouse. Dwelling, multifamily shall mean a residential building designed for or occupied exclu- sively by three(3)or more families,with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, one-(single)family shall mean a private residence building used or intended to be used as a home or residence in which the use and management of all sleeping quarters and appliances for sanitation, cooking, ventilation, heating and lighting are designed primarily for the use of one(1)family unit,and with partitioning so that any substantial interior portion of the dwelling, without resort to exterior access and the building, shall have only one (1) kitchen and one(1)electrical meter. Dwelling, two-family shall mean a residential building designed for or occupied by two(2) families,with the number of families in residence not exceeding the number of dwelling units provided(duplexes). Dwelling, secondary shall mean a single dwelling combined with a private garage with capacity of not more than two(2)motor vehicles erected in the rear of a principal dwelling in any district when the lot has a width of fifty(50)feet or more and extends from street to street. Easement shall mean a grant from a property owner for the use of land for a specific purpose or purposes by the general public,by a corporation or by a certain person or persons. Exception shall mean a use that would not be appropriate generally and with restriction throughout the zoning district, but if controlled as to number, area or location, would be permissible as stipulated in this chapter. 1409 § 24-17 ATLANTIC BEACH CODE Family shall mean one or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two (2) living and cooking together as a single house- keeping unit,though not related by blood,adoption or marriage,shall be deemed to constitute a family. Fences, hedges and walls shall mean dividers between two(2)properties. Filling station. See Service station, automotive. Flood shall mean a temporary rise in the level of a body of water inundating areas not ordinarily so covered. Flood frequency shall mean the statistically determined average for how often a specific flood level or discharge may be equaled or exceeded. Floodway shall mean the channel of a watercourse and portions of the adjoining flood- plain which are reasonably required to carry and discharge the regulatory flood. Floor area shall mean the sum of the gross horizontal areas of several 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 that provides 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. Garage, apartment shall mean a building, designed and intended to be used for the 111 housing of vehicles,belonging to the occupants of an apartment building on the same property. Garage apartment shall mean an accessory or subordinate building,not a part or attached to the main building, containing living facilities for not more than one (1)family, the living facilities of which shall not occupy more than fifty (50) percent of the total floor area of building. Garage, private shall mean an accessory building or a portion of the principal building used for storage of automobiles of the occupants of the principal building. A carport is a private garage. Garage, public shall mean a building or portion thereof, other than a private or storage garage, designed or used for the sale, storage, servicing, repairing, equipping and hiring of motordriven vehicles. Garage, repair shall mean a building or portion thereof used for repairing, equipping or servicing motor vehicles. Garage, storage shall mean a building or portion thereof designed or used exclusively for the storage or parking of automobiles. Services, other than storage, at such storage garage shall be limited to refueling, lubrication, washing, waxing and polishing. Garden apartment. See Dwelling, multifamily. Government use shall mean the use of certain lands owned by the federal, state or local government and are used for a purpose which is particularly and peculiarly related to 1410 • ZONING AND SUBDIVISION REGULATIONS § 24-17 • governmental functions. Any lawful activity is permitted without restriction. Any lands used by a government which is converted to private ownership shall comply with the requirements of the zoning district. Grade shall mean the finished elevation of a site after all fill, land balancing or site preparations have been completed. Group care home shall mean any dwelling, building or other place, occupied by seven(7) or more persons,including staff,whether operated for profit or not,which provides for a period \ exceeding twenty-four(24)hours, one or more personal services for persons not related to the owner or administrator by law, blood, marriage or adoption, and not in foster care, who require such services. The personal services, in addition to housing and food services, may include but not be limited to personal assistance with bathing, dressing, housekeeping, adult supervision,emotional security,and other related services but not including medical services. Guest cottage shall mean living quarters within a detached accessory building located on the same lot or parcel of land as the main building, used exclusively for housing members of the family occupying the main building and their nonpaying guests. Such quarters shall not be rented or otherwise used as a separate dwelling. Height of building shall mean the vertical distance from the established grade at the center or front of a building to its highest point of the roof or parapet. 11111 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 use of the dwelling for dwelling purposes and does not change the character thereof. Hospital shall mean any institution, including a sanitarium, which maintains and oper- ates 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, as previously defined. Hotel, motel, motor lodge or tourist court shall mean a building as licensed by the state containing individual guest rooms for which daily or weekly lodging is provided as the more or less transient residence of individuals, and ingress and egress to and from all rooms are made through an inside lobby. House trailer. See Mobile home. Impervious surface coverage. See Lot coverage. Institutional use shall mean the structure and/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 and nursing or convalescent homes. Junk shall mean inoperative,dilapidated,abandoned or wrecked materials,including but not limited to, automobiles, trucks, tractors, wagons, boats and other kinds of vehicles and 1411 § 24-17 ATLANTIC BEACH CODE parts thereof, scrap materials, scrap building materials, scrap contractors' equipment, tanks, 411110 casks, cans,barrels,boxes, drums, piping,bottles,glass, old iron,machinery and the like. Junkyard shall mean a place where junk, waste, discarded or salvaged materials, are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Junkyards 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 for manufacturing operations. Kennel,pet shall mean the keeping of any pet or pets,regardless of number,for sale or for breeding, boarding or treatment purposes, except in an animal hospital, animal grooming parlor or pet shop. Land development code. For purposes of this chapter, "land development regulations" or "regulations for the development of land" include any local government zoning, subdivision, building and construction or other regulations controlling the development of land. The various types of city regulations controlling the development of land within the city may be combined in totality in a single document known as the"Land Development Code"of the city. 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, 410 pebbles, sand, walls,fences,berms, sculptures and fountains,but excluding paving. Laundry, self-service shall mean a business that provides home-type clothes washing and drying or ironing machines for hire 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, come- dians and all fashions, forms and media of entertainment carried on and conductedin 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. Living area shall mean the minimum floor area of a residential dwelling unit, as mea- sured by its exterior dimensions,having access from within the main living area,exclusive of carports, porches, sheds, garages. and utility rooms which are not within the walls of a dwelling. Loading space shall mean a space within the main building or on the same lot,providing for the standing, loading or unloading of trucks or other motor vehicles. Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted in this chapter,including at least one(1)main building together with its accessory buildings,the yard areas and parking spaces required by this chapter and having its principal frontage upon a publicly-owned or maintained street.The term lot shall include plot or parcel. Lot, corner shall mean a lot abutting upon two(2) or more streets or at a street intersec- tion or at a street corner having an interior angle not greater than one hundred thirty-five 1412 ZONING AND SUBDIVISION REGULATIONS § 24-17 (135)degrees.The exterior lot line of the narrowest side of the lot abutting the street shall be considered the front yard.The exterior lot line of the longest side of the lot abutting the street shall be considered a side yard and shall have a minimum setback of fifteen (15) feet. The opposite side yard shall have a minimum setback of seven and one-half(71/2) feet. The rear yard shall have a minimum setback of twenty(20)feet. Lot coverage shall mean the area of the lot covered by the ground floor of all principal and accessory uses and structures, including all areas covered by the roof of such uses and structures, measured along the exterior faces of the walls, along the foundation wall line, between the exterior faces of supporting columns,from the center line of walls separating two (2) buildings or as a combination of the foregoing, whichever produces the greatest total ground coverage for such uses and structures. Lot coverage shall also include all impervious surfaces such as drives, parking areas, walkways, swimming pools, patios, terraces and the like: Lot depth shall mean the distance measured from the middle point of the front line to the middle point of the opposite rear line of the lot. Lot, double frontage shall mean a double frontage or through lot that has frontage on two (2) nonintercepting streets. The applicable front setback requirement shall apply to both frontages regardless of which line the land owner elects as the front line, unless the lot has a permanent solid face subdivision perimeter buffer wall precluding access along one(1)frontage. Lot line shall mean the legal boundary line of a lot. Lot of record shall mean a lot which is part of a subdivision, the map of which has been recorded in the office of the clerk of the circuit court,or a parcel of land the deed of which was recorded in the office of the clerk of the circuit court. Lot or site area shall mean the horizontal plane area within the lot lines,expressed in this chapter in square feet or square acres, exclusive of public.or private dedications. 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 watercraft 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 nineteen(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 equiva- lent of a mean nineteen(19)year value, as defined in F.S. Ch. 253. Mobile home shall mean a movable or portable detached single-family dwelling designed for and capable of being used for long-term occupancy, designed to be transported after fabrication on its own permanent chassis and wheels, arriving at the site substantially complete, of such size and weight as to require special highway movements permits, and in 1413 § 24-17 ATLANTIC BEACH CODE excess of eight(8)feet in width and thirty-two(32)feet overall length, as measured from the ball joint to the rear bumper,but not exceeding twenty-four(24)feet in width and seventy-five (75)feet in length.A mobile home shall be defined by F.S. Ch.320,and shall be transportable, manufactured, suitable for real estate and utilized for nontransient purposes. The mobile home shall contain the same water supply, waste disposal and electrical conveniences as conventional housing. Modular factory built home shall mean a modular unit residential building comprised of one(1)or more dwelling units, or habitable rooms or component parts thereof,which is either wholly manufactured or is a substantial part constructed in central manufacturing facilities and bears the approval of the department of community affairs under the provisions of the Housing Act of 1971. However, this term does not apply to mobile homes, as defined by F.S. Ch. 320. Modular homes are regulated by this chapter as dwellings, single-family. Nonconforming use or building shall mean the use of a building or portion thereof,or land or portion thereof,which does not conform with the use regulations of the district in which the building is located, the use of which was legally established and existed prior to the effective date of such use regulations. Nursing home. See Group care home. Occupied includes designed,built,altered,converted to or intended to be used or occupied. Office building, business or professional shall mean a building providing office space for the furnishing of professional services in any of the following or related categories: law, architecture, engineering, medicine, dentistry, osteopathy, chiropractic, optometry or consul- tants in these or related professions. 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, swimming pools,tennis courts, or any other recreational facilities. Streets, structures for habitation and the like shall not be included. Parcel shall mean a tract of land which may be described by metes and bounds or plat.See also the definition for lot. Parking, handicapped shall mean parking spaces designed and provided in quantities consistent with handicapped requirements. Parking lot shall mean an open area used exclusively for the storage of motor vehicles, whether or not a fee is charged. Parking space, off-street shall mean an off-street parking space consisting of an area adequate for parking an automobile 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. Size shall conform to specifications in this chapter and may be divided into spaces for standard size vehicles and compact cars. Permanent control point (PCP) shall be a secondary horizontal control monument and , shall be a metal marker with the point of reference marked thereon or a four(4)by four(4)inch 1414 ZONING AND SUBDIVISION REGULATIONS § 24-17 concrete monument, a minimum of twenty-four (24) inches long, with the point of reference marked thereon. PCPs shall bear the registration number of the surveyor filing the plat of record. Permanent reference monument(PRM) shall consist of a metal rod a minimum of twenty- four (24) inches long, or a one and one-half (1'/2) inch minimum diameter metal pipe a minimum of twenty (20) inches long, either of which shall be encased in a solid block of concrete or set in natural bedrock, a minimum of six(6)inches in diameter, and extending a minimum of eighteen(18)inches below the top of the monument,or a concrete monument four (4) inches by four (4) inches, a minimum of twenty-four (24) inches long, with the point of reference marked thereon. A metal cap marker with the point of reference marked thereon shall bear the registration number of the surveyor certifying the plat of record,and the letters "PRM" shall be placed in the top of the monument. Planned unit development(PUD): (1) Is land under unified control, planned and developed as a whole in a single develop- ment operation or approved programmed series of development operations,for dwell- ing units and related uses and facilities; (2) Includes principal and accessory usesand structures substantially related to the character of the development itself and the surrounding area of which it is a part; (3) Is developed according to a comprehensive and detailed plan,which includes not only streets, utilities, lots or building sites and the like, but also site plans, for all buildings intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements, facilities and services, as will be for common use by some or all of the occupants of the planned unit development,but will not be provided, operated or maintained at public expense. Planning agency shall mean the advisory planning board,or any other agency designated by the city, through ordinance, to prepare and monitor the comprehensive plan and imple- menting ordinances. Plat shall mean a map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirements of all applicable sections of this chapter and of any local ordinances, and may include the terms replat, amended plat, or revised plat. (1) Preliminary plat:Approval of such is required prior to submittal of a final plat. (2) Final plat: Prepared for recording the subdivision of land. Plot. See Lot. Porch shall mean a roofed-over space that has no other enclosure other than exterior walls of main building, open mesh screening or glass. Principal building or use shall mean a.main use of land, as distinguished from an 1111 accessory use;the building housing the main or principal use. Property line. See Lot line. 1415 § 24-17 ATLANTIC BEACH CODE Protective covenants shall mean a private agreement that may be recorded in the public records that restricts the use of private property. Public improvement shall mean those improvements required to be dedicated to the city, including but not limited to,street pavements,curbs and gutters,sidewalks,alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names, signs,landscaping,parks,permanent reference monuments(PRMs),permanent control points (PCPs)or any other improvement required by the city. Public open space shall mean open space,land or water areas,available for public use,not restricted to members or residents. Public utility services or facilities, essential shall mean the erection, construction, alter- ation, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility or a railroad,whether publicly or privately owned,or by a municipal or other governmental agency,to furnish services, including electricity, gas,rail transport, communication,public water and sewage. Recreation vehicle shall mean the following enumerated types of vehicles: (1) 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 travel trailer by the manufacturer on 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. (2) 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. (3) Camping trailer shall mean a collapsible,temporary dwelling structure covered with a water-repellent fabric, mounted on wheels and designed for travel, recreation and vacation uses. (4) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automo- bile and into the trunk with the cover removed,and is designed for travel,recreation and vacation uses. (5) All terrain vehicles shall mean dune buggies, swamp buggies and the like shall be considered recreation vehicles,whether or not licensed as such by the state. (6) Van shall mean a vehicle specially equipped for camping. Restaurant shall mean any establishment where food is served for consumption on or off the premises or within an enclosed building. Resubdivision shall mean a change in a map of an approved or recorded subdivision plat if such change affects any street layout on the map or area reserved thereon for public use, any 1416 ZONING AND SUBDIVISION REGULATIONS § 24-17 1111) lot line, or any map or plan legally recorded prior to the adoption of any regulations control- �~ ling the subdivision. Right-of-way shall mean the area of a highway, road, street, way,parkway or other such strip of land reserved for public use, whether established by prescription, easement, dedica- tion, gift,purchase, eminentdomain or any other legal means. Rowhouse. See Townhouse. Screening shall mean either: (1) A strip of at least ten (10) feet wide, densely planted, or having equivalent natural growth, with shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year-round dense screen at least six(6)feet high;or (2) An opaque wall or barrier or uniformly painted fence at least six(6)feet high. Either(1)or(2)shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except the following: for each en- trance, one (1) directional arrow with the name of the establishment with "For patrons only" or like limitation, not to exceed over two (2) square feet in area, which shall be nonilluminated. Where required in the district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining nearby properties. Seat shall mean for purposes of determining the number of off-street parking spaces for certain uses,the number of seats is the number of seating units installed or indicated,or each twenty-four(24)lineal inches of benches,pews or space for loose chairs. 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 general automotive servicing, as distinguished from automotive repairs. Setback shall mean the distance between the lot line and the building setback line. Setback line. See 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 which the unit serves. SIC (Standard Industrial Classification) shall mean a system developed by the U. S. Office of Management and Budget for classifying business establishments by type of activity in which they are engaged. The classification system is reported in the "Standard Industrial Classification Manual 1972" by the executive office of the president, office of management and budget. Sight triangle shall mean the area within the limits described by the two(2)intersecting center lines of a street or road and a line drawn between them from points on each center line 4110 that are a prescribed number of feet from the intersection of the center lines. Sign. See Chapter 17, "Signs and Advertising Structures." 1417 § 24-17 ATLANTIC BEACH CODE Story shall mean that portion of a building included between the surface of any floor and 4110 the surface of the next floor above it, or if there is no floor above it, then the space between such floor and ceiling next above it. Street shall mean a public or private thoroughfare which affords the principal means of access to abutting property.This includes lane,place,way or other means of ingress or egress, regardless of the term used to describe it. (1) Public shall mean legally dedicated to public use and officially accepted by the city. (2) Private shall mean privately owned and maintained on a recorded easement or approved by the appropriate city agency. Street right-of-way line shall mean the dividing line between a lot, tract or parcel of land and the contiguous tract. The right-of-way line shall be considered a property line, and all front setback requirements provided in these regulations shall be measured from said right-of- way line; except corner lots, which shall be controlled by the right-of-way of the side street. Structural alteration shall mean any change, except for repair or replacement, in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structure shall mean anything constructed, erected or placed, the use of which requires more or less permanent location on the ground, or anything attached to something having a permanent location on the ground, and shall include tents,lunch wagons,dining cars or other structures on wheels or other supports, and used or intended for business or living quarters, excluding fences not over six(6)feet above the natural grade. Subdivision shall mean the division of a parcel of land,whether improved or unimproved, into two (2)or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of the subdivision,for the purpose,whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of the parcel. However, the division of land into parcels of more than five(5)acres,not involving any change in street lines or public easements of whatsoever kind, is not to be deemed a subdivision within the meaning of this chapter. The term includes a resubdivision and,when appropriate to the context,relates to the process of subdividing or to the land subdivided. Substandard lot of record shall mean that the owner of such nonconforming lot of record is permitted to build on such lot,provided said lot has a lot width of not less than fifty(50)feet and a depth of not less than one hundred(100)feet, with a total lot area of not less than five thousand (5,000) square feet. Nonconforming lots of record which do not meet all the above area requirements shall not be built on unless relief is obtained through action of the board of adjustment. Survey, certified. See Certified survey. Swimming pool shall mean any constructed pool used for swimming or bathing, that is twenty-four(24)inches in depth or has a surface exceeding two hundred fifty(250)square feet. Theater shall mean an establishment offering dramatic presentations or showing motion pictures to the general public. 1418 ZONING AND SUBDIVISION REGULATIONS - § 24-17 Tourist home. See Boardinghouse,rooming house,lodginghouse or dormitory. Townhouse shall mean a group of two(2)or more single-family dwellings separated by a space of not more than one(1) inch. The walls or party wall separating the dwelling units of the townhouse shall extend to the roof line of the dwelling and shall have no openings therein. Each townhouse unit shall be constructed upon a separate lot and serviced with separate utilities and other facilities and shall otherwise be independent of one another. Townhouses are single-family dwelling units. Trailer(boat, horse, utility) shall mean a conveyance drawn by other motive power and used for transporting a boat, animal or general goods. Trailer coach. See Recreation vehicle. Trailer, house. See Mobile home. Travel trailer. See Recreation 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 shall mean the purpose for which land or water or the structure thereon is designated to the extent covered by Article III,Zoning Regulations. Used, occupied as applied to any land or building, shall include'the words "intended," "arranged"or"designed to be used or occupied." Variance. Any modification of the zoning ordinance regulations must be authorized by the board of adjustment and must meet the criteria as stated in this chapter. A variance may be authorized only for height, area, size of structure or size of yards and open_ spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by a variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or in adjoining district. Veterinary clinic or hospital shall mean any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals,but not the boarding of well animals. Wall. See Fences, hedges and walls. - Yard shall mean an open space at grade between a main building and the adjoining lot lines.In measuring a yard for the purpose of determining the width of a side yard,the depth of a front yard or the depth of a rear yard,the minimum horizontal distance between the lot line and the main building shall be used. Yard, front shall mean a yard extending across the front of a_lot between the side lot lines and being the minimum horizontal distance between the street line and the principal building or any projections thereof, other than the projections of uncovered steps, uncovered balconies or uncovered porches. Yard side shall mean a yard between the main building and the side line of the lot, extending from the front yard to the rear yard and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof. 1419 § 24-17 ATLANTIC BEACH CODE Yard, rear shall mean a yard extending across the rear of a lot between the rear of the principal building or any projections thereof, other than the projections of uncovered steps, balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard. (Ord. No. 90-82-74, § 2(II, B), 7-26-82; Ord. No. 90-82-72, § 1, 1-10-83;Ord. No. 96-82-76, § 1, 1-10-83; Ord.No. 90-83-80, § I, 6-27-83) Secs. 24-18-24-30. Reserved. ARTICLE III.ZONING REGULATIONS DIVISION 1. GENERALLY Sec. 24-31. Scope. The provisions of this chapter shall be administered in accordance with the rules set forth in this article and the detailed regulations governing each district.Administrative procedures and the responsibilities of the city commission, administrative official, planning agency, board of adjustment and code enforcement board are set forth. Procedures for filing applica- tions for changes and amendments to this chapter, appealing decisions on any matter covered in this chapter,notification of violations and penalties for violation have been included. (Ord.No. 90-82-74, § 2(III,A), 7-26-82) 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: (1) To adopt this chapter in accordance with, and consistent with, the adopted compre- hensive plan for the city; (2) To make amendments to this article and zoning map by a simple majority vote of the city commission after holding the required public hearing, and after reviewing a written recommendation from the planning agency; (3) To approve or disapprove subdivision plans and planned unit development (PUD) plans after holding any required public hearing and after reviewing a written rec- ommendation from the planning agency; (4) Establish a zoning fee to defray the administrative costs of carrying out the require- ments of this chapter; (5) Appoint an administrative official to administer the provisions of this chapter. (Ord. No.90-82-74, § 2(III,B, 1), 7-26-82; Ord. No. 90-83-80, §§ II,III,6-27-83) *Cross reference—Administration,Ch. 2. 1420 ZONING AND SUBDIVISION REGULATIONS § 24-47 Sec. 24-47. The administrative official. The administrative official, appointed by the city commission, shall have the following powers and responsibilities: (1) To accomplish all administrative actions required by this chapter, including the giving of notices as specified in this chapter or as otherwise required; the receiving and processing of appeals; and the acceptance and accounting for fees; (2) Provide written instructions to applicants on the required process for requests under this chapter and assist applicants in understanding the provisions of this chapter; (3) Receive and begin the processing of all applications for zoning changes, exceptions and variances; (4) To maintain and keep updated this article,the zoning map and all records relating to this article and its administration, as may be set forth in this chapter or as may otherwise be necessary; (5) To suggest to the planning agency and the city commission, modifications to this article and the zoning map, with a written statement outlining the need for such changes; (6) To conduct necessary field inspections required to adequately advise the planning agency,the city commission and the board of adjustment on zoning matters; (7) To review all applications for building permits, including plot plans, to determine whether the proposed construction, alterations, repair or enlargement of a structure is in compliance with this article.The administrative of building official's signature, stating approval or disapproval,is required on all building permit applications before a permit shall be issued; (8) To grant minor dimensional variances or minor variances of development design standards as detailed in this chapter if the variance requested involves a variation of less than ten(10)percent from this chapter requirement involved, or involves substi- tution of an element of substantially equal character or performance to that required in this chapter; (9) To post signs on property undergoing zoning proceedings and promptly remove these signs after the zoning process is completed; (10) To mail notices of zoning requests to be considered at the regularly scheduled meet- ings of the planning agency or the board of adjustment to respective members at least seven (7) days prior to the meeting date to allow members ample time to review the requests; (11) To hire such persons as necessary to assist in the fulfillment of the requirements of the office and delegate to these employees the duties and responsibilities assigned to the administrative official as may be necessary to carry out properly,the functions of 410 the office. (Ord. No. 90-82-74, § 2(III, B, 2), 7-26-82) 1421 1 § 24-48 ATLANTIC BEACH CODE Sec. 24-48. Planning agency. The advisory planning board, as established by the city commission under the City Charter,shall serve as the planning agency and shall have the following duties and responsibilities: (1) To review those matters referred to the planning agency and hold regularly sched- uled meetings for the purpose of reviewing such documents; (2) To review site plans for all proposed subdivision development redevelopment, includ- ing planned unit developments, in the city; (3) To transmit to the proper governmental bodies, agencies or departments the written recommendation of the planning agency, where the recommendations are called for by this chapter; (4) To provide for internal procedures, with the assistance of the administrative official, required to carry out the intent of this article. Such procedures shall include dead- lines for filing applications prior to regularly scheduled meetings to allow time for adequate review and the preparation of a written report and recommendation of each application. (Ord. No. 90-82-74, § 2(III, B, 3), 7-26-82) Sec. 24-49. Board of adjustment. The board of adjustment, as established by the City Charter, shall be appointed by the city commission. The organization and procedures under which this board operates, its ar- rangement of meetings, adoption of rules and its method of handling appeals, variances or other related matters shall be in conformity with the provisions of the Charter. (1) Power and duties. The board of adjustment shall have the following duties and powers: a. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the administrative official in the enforcement of this chapter; b. To authorize,upon appeal in specific cases,such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. In order to authorize any variance from the terms of this chapter,the board of adjustment must find that: 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district; 2. The special conditions and circumstances do not result from the actions of the applicant; 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or struc- tures in the same zoning district; 4. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning 1422 ZONING AND SUBDIVISION REGULATIONS § 24-49 1110 district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; 5. The variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure; 6. The granting of the variance will be in harmony with the general intent and purpose of this chapter and the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. c. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this division and any ordinance enacted under its authority. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted,shall be deemed a violation of this chapter. d. Under no circumstances, except as permitted above, shall the board of adjust- ment grant a variance to permit a use not generally permitted or permitted by exception in the zoning district involved or any use expressly or by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. e. In exercising its powers, the board of adjustment may, upon appeal and in conformity with provisions of this division,reverse or affirm,wholly or partly,or may modify the order, requirement, decision or determination being appealed, and to that end shall have the powers to direct the issuance of the necessary permit. (2) Appeals of administrative actions. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer,board or department of the city affected by any decision of the administrative official under this article. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision or determination appealed from by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board. The administra- tive official shall,upon notification of the filing of the appeal,transmit to the board of adjustment, all the documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. a. Stay of work. An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the administrative official shall certify to the board of adjustment 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 a restraining order,which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. b. Hearings of appeals. The board of adjustment shall fix a reasonable time for the hearing ofthe appeal, give public notice thereof, as well as due notice to the 1423 § 24-49 ATLANTIC BEACH CODE parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person,by agent or by attorney. (3) Appeals of decisions of the board of adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer, or any officer, department, board or bureau of the city commission, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board. (4) In exercising the powers granted by this chapter, the board of adjustment, by the concurring vote of the majority of members, may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made, and to that end shall have all the power of the official from whom the appeal is taken. Rulings and decisions of the board of adjustment shall become effective ten(10)days after the date of such ruling or decision. (Ord. No. 90-82-74, § 2(III, B, 4), 7-26-82) Charter reference—Board of adjustment, § 133 et seq. Secs. 24-50-24-60. Reserved. DIVISION 3. APPLICATION PROCEDURES Sec. 24-61. Amendment,repeal. (a) The city commission may from time to time amend, supplement, change or repeal the zoning regulations, restrictions or district boundaries as set out in this chapter. (b) Proposed changes and amendments may be suggested by the city commission, the planning agency, a property owner for his own land or by petition of the owners of fifty-one (51) percent or more of the area involved in a proposed district boundary change, or the administrative official. (Ord. No. 90-82-74, § 2(III, C, 1), 7-26-82) Sec. 24-62. Changing zoning classification. The following steps are to be followed to request a change in zoning classification: (1) All applications shall be filed with the administrative official on the proper form furnished by the administrative official. (2) The application submitted shall include the following information: a. The legal description, including the lot and block numbers, of the property to be rezoned; b. The names and addresses of all owners of the subject property; c. Existing and proposed zoning classification of the property; 1424 ZONING AND SUBDIVISION REGULATIONS § 24-62 d. A statement of the petitioner's interest in the property to be rezoned,including a copy of the last recorded warranty deed; and: 1. If joint and several ownership,a written consent,to the rezoning petition,by all owners of record;or 2. If a contract purchase,a copy of the purchase contract and written consent of the seller/owner;or 3. If an authorized agent, a copy of the agency agreement or written consent of the principal/owner;or 4. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity,or in lieu thereof,written proof that the person is,in fact,an officer of the corporation;or 5. If a group of contiguous property owners, the owners of at least fifty (50) percent of the property described in the petition must provide written consent. e. A complete list of all property owners, mailing addresses and legal descriptions for all property within three hundred(300)feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse; f. A statement of special reasons for the rezoning as requested; g. Payment of the official filing fee as set by the city commission; h. The signature of each and every owner of the lands. (3) After the administrative official has received the request, the request will be placed on the agenda of the next meeting of the planning agency,provided that the request is received at least thirty(30)days prior to the meeting. The planning agency shall study each request for rezoning,conduct a public hearing after due public notice,and make a written recommendation to the city commission. The written report and recommendation shall: a. Show that the planning agency has studied and considered the need and justifi- cation for the change; b. Indicate the relationship of the proposed rezoning to the comprehensive plan for the city and whether the proposed change will further the purpose of the plan- ning program;and c. Be submitted to the city commission in not more than sixty (60) days from the date a completed application for the rezoning is filed. (4) The city commission shall review the recommendations made by the planning agency and hold a public hearing,with due notice,to consider the request. (5) It shall be the responsibility of the administrative official to give due public notice of both planning agency and city commission public hearings. (6) Following the public hearings, the city commission, by ordinance, may change the zoning classification of said petitioners, or it may deny the petition. In the case of denial, the city commission shall thereafter take no further action on another appli- 1425 § 24-62 ATLANTIC BEACH CODE cation for substantially the same proposal, on the same premises, until after twelve (12)months from the date of the last such disapproval. (Ord. No.90-82-74, § 2(IH,C, 2), 7-26-82; Ord.No. 90-83-80, § IV,6-27-83) Sec. 24-63. Use by exception. The following steps are to be followed to request a use by exception: (1) All applications shall be filed with the administrative official on the proper form furnished by the administrative official. (2) The application submitted shall include the following information: a. An adequate legal description of the premises as to which the use by exception is requested; b. The names and addresses of the owners or tenants in possession of the premises; c. A description of the use by exception desired,which shall specifically and partic- ularly describe the type,character and extent of the proposed use by exception; d. The reason for requesting the use by exception; e. The signature of the applicant or the applicant's authorized agent or attorney. (3) After the administrative official has received the request,the request will be placed on the agenda of the next meeting of the planning agency which will meet the time limit required by the planning agency.The planning agency shall study each request for use by exception and make a written recommendation to the city commission.The written report and recommendation shall state specific reasons and findings of fact, upon which its recommendation is based. (4) Any review of any application for a use by exception shall consider: a. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; b. Off-street parking and loading areas, where required, with particular attention to the items in a. above and the economic, noise, glare and odor effects of the special exception on adjoining properties and,properties generally in the district; c. Refuse and service areas, with particular reference to the items in a. and b. above; d. Utilities,with reference to locations,availability and compatibility; e. Screening and buffering,with reference to type,dimensions and character; f. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district; g. Required yards and other open space; h. General compatibility with adjacent properties and other property in the district. (5) The city commission shall consider the application for use by exception permit and the planning agency's report and recommendation thereon,as well as citizens attend- ing such hearing and shall deny, approve, or approve with conditions the petitions. 1426 ZONING AND SUBDIVISION REGULATIONS § 24-64 — ' (6) The city commission may, as a condition to the granting of any application for permit,impose such conditions,restrictions or limitations in the use of the premises, or upon the use thereof as requested in the application, as the city commission may deem appropriate and in the best interests of the city, taking into consideration matters of health,safety and welfare of the citizens,protection of property values and other considerations material to good zoning principles and concepts. (7) Any use by exception permit granted by the city commission shall permit only the specific use or uses described in the application as the same may be limited or restricted by the terms and provisions of the permit, and none other; any expansion or extension of the use of such premises,beyond the scope of the terms of the permit, shall be unlawful and in violation of this chapter and render the permit subject to suspension or revocation by the city commission. (8) The city commission may suspend or revoke a use by exception permit at any time the city commission determines that the use has become a public or private nuisance because of an improper,unauthorized or other unlawful use of the premises. (9) If a petition for a use by exception permit is denied by the city commission,thereafter the city commission shall take no further action on another petition for substantially the same use on the same premises until after twelve(12)months after the date of the last denial. (Ord. No. 90-82-74, § 2(111, C, 3), 7-26-82) Sec. 24-64. Variances. To request a variance from the regulations contained in this chapter, because there are practical difficulties or unnecessary hardships in carrying out the strict letter of this chapter, applications can be obtained from the administrative official under the following conditions: (1) If the applicant is other than all the owners of the particular property, written consent signed by all owners of the particular real property shall be attached. (2) An application for any variance shall be submitted, containing a complete legal description of the premises for which the variance is requested.The application shall be accompanied by a survey or plot diagram indicating setbacks and proposed construction. (3) The administrative official shall refer the request to the board of adjustment. In considering all proposed variations of this chapter, the board of adjustment shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the districts shown on the zoning map and will not impair an adequate supply of light andair to adjacent property,or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area,or in any other respect impair the public health,safety,morals and general welfare. (4) The board of adjustment will fix a reasonable time for the hearing of appeals or other matters referred to it and shall hold a public hearing on each such appeal or matter referred to it with due public notice. 1427 § 24-64 ATLANTIC BEACH CODE (5) At the hearing, any party may appear in person or be represented by an agent or attorney. Where.there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, appeals to the board may be taken by any person aggrieved or by any department of the city affected by any decision of the administrative official. (6) If an application is disapproved by the board of adjustment,thereafter the board shall take no further action on another application for substantially the same proposal on the same premises until after twelve(12)months from the date of such last disapproval. (Ord.No.90-82-74, § 2(111,C, 3),7-26-82) Sec. 24-65. Building permits. (a) No building permit shall be issued for any structure or use on a lot,plot,tract,parcel or subdivision which: (1) Does not abut on a public street or easement, dedicated and accepted by the city commission; (2) Does not have electrical service, approved sanitary sewer and potable water systems installed; and (3) Does not have streets constructed to grade height. (b) Building permits may be issued for a structure or use on a lot, plot, tract, parcel or subdivision: (1) Which abuts on a private street within a planned unit development(PUD),provided that the private street meets all the requirements and specifications for paved public streets and has been inspected by the city and approved by the city commission; (2) Has electrical service, approved sanitary sewer and potable water systems installed; and (3) Has streets constructed to grade height. (c) No building or structure shall be constructed, altered, repaired, enlarged or moved until a building, plumbing, electrical and/or a heating, air conditioning, ventilation(H.A.C.V.) permit shall have been obtained from the city and the appropriate fee paid. (d) Prior to the issuance of a building permit,the city shall ensure that such construction shall comply with this article,or any other applicable law,and shall require a certified survey of the property. (e) The acceptance of a building, plumbing or electrical or heating, air conditioning, ventilation permit by any person shall be deemed consent to the inspection of the property by any agent of the city at any time in order to ascertain compliance with this chapter. (f) Each application for a building permit shall be accompanied by a plot plan in dupli- cate,drawn to scale,showing the actual dimensions of the lot to be built upon;the size,shape 1428 ZONING AND SUBDIVISION REGULATIONS § 24-81 and location of the building to be erected; and such other information as may be necessary to provide the enforcement of this chapter. (g) A record of the applications and plats shall be kept in the office of the administrative official. (h) Where application is made to enlarge an existing nonconforming use, the application shall be accompanied by an affidavit giving the description of the premises owned on July 26, 1982. (Ord. No. 90-82-74, § 2(III, C, 3), 7-26-82) Sec. 24-66. Construction within the districts. (a) Temporary construction trailers or structures. (1) Any person may obtain a permit from the administrative official for the construction and/or use of a temporary trailer or structure-to be used as a construction shed and toolhouse for contractors and construction workers onthe site.This temporary trailer or structure shall not be placed or erected on the property prior to the issuance of a building permit for the applicable construction, and shall be immediately removed upon completion of the construction project or the expiration of a period of six (6) 4110 months, whichever comes sooner,from the date of issuance of the building permit. (2) It shall be a violation of this:section for any person to use the construction trailer or structure for sales purposes without first applying to and receiving written.permis- sion from the,city.. (3) Construction trailers and structures; shall notbe used for the purpose of living quarters, and the trailer&or structures,shallhave upon}the unit, or attached thereto, an identification sign designating the owner or company and the-words:construction office in full view. (b) All structures. All structures shall be constructed; altered, repaired, enlarged, moved or demolished in accordance with building and related codes adopted by the city. This section shall be administered by the administrative official. (Ord. No. 90-82-74, § 2(III, C, 3), 7=26-82) Secs. 2467-24-80. Reserved. DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS Sec. 24-81. Rules for determining boundaries. Where uncertainty exists with respect to the boundaries of any of the districts, as shown on the zoning map,the following rules shall apply: 41110 (1) Unless otherwise indicated, the district boundaries are indicated as approximately following property lines; land lot lines; center lines of streets, highways or alleys;. 1429 § 24-81 ATLANTIC BEACH CODE shorelines of streams, reservoirs or other bodies of water; or civil boundaries; and they shall be construed to follow such lines. (2) Where district boundaries are approximately parallel to the center lines of streets, highways or railroads; streams, reservoirs or other bodies of water, or the lines extended, the district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, the dimensions shall be determined by the use of the scale shown on the zoning map. (3) Where a district boundary line, as appearing on the zoning map, divides a lot which is in single ownership at the time of enactment, the use classification of the large portion may be extended to the remainder of the property by the administrative official without recourse to the amendment procedure. (4) Where a public road,street or alley is officially vacated or abandoned,the regulations applicable to the property to which it is reverted shall apply to the vacated or abandoned road, street or alley. (5) In case the exact location of a boundary cannot be determined by the foregoing methods, the board of adjustment shall, upon application, determine the location of the boundary. (Ord. No. 90-82-74, § 2(III, E, 1), 7-26-82) Sec. 24-82. General restrictions upon land,buildings and structures. 1111 (a) Use. No building or structure shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this article, as allowed in the district in which such land, building, structure or premises are located. • (b) Height. No structure or building shall be erected, nor shall any existing building be • moved, reconditioned or structurally altered so as to exceed the height limit specified in this article for the district in which such building or structure is located. (c) Percentage of lot occupancy. No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and parking space and yard regulations established by this article for the district in which such building or structure is located. (d) Density of population. No building, structure or premises shall be erected or occupied or used so as to provide a greater density of population than is allowed under the terms of this article for the district in which such building, structure or premises are located. (e) Open space use limitation. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this article shall be considered • as providing a yard or open space for any other building or structure. 1430 ZONING AND SUBDIVISION REGULATIONS § 24-83 4111/ (f) Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract as defined herein; and in no case shall there be more than one (1) building on one(1)lot, except as provided in this article. (g) Duplicates or externally similar dwellings. Construction of nearby single-family and duplex dwellings which are duplicates or externally similar shall be avoided. Such similarity considers the external configuration and appearance (i.e., roof, outer wall materials, window size and design, and other like characteristics) of structures. In accord with the foregoing, similar or duplicate homes shall not be constructed within close proximity of each other, and shall be at least five hundred(500)feet apart if any one similar dwelling is visible from any other similar dwelling. (h) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other accessory building or vehicle in any district shall be used as a residence, temporarily or permanently, nor shall any such residence of temporary character be permitted. (i) Minimum lot coverage: (1) One(1) story:—One thousand(1,000)square feet enclosed heated living area. (2) Two (2) story:—Six hundred fifty (650) square feet enclosed coverage on the ground floor and not less than a total of one thousand (1,000) square feet enclosed heated area. (3) Two-family residence (duplex):—Each living unit shall have nine hundred(900) square feet of enclosed living area. (4) Apartment type: a. Efficiency with bedroom area combined with other living areas, four hundred eighty(480)square feet net area. b. One (1) bedroom with individual bedroom area permanently partitioned from other living areas,five hundred seventy-five(575)square feet net area. c. Two (2) bedrooms with each individual bedroom area permanently partitioned from the living areas, seven hundred(700)square feet net area. d. Three (3)bedrooms with each individual bedroom area permanently partitioned from other living areas, eight hundred forty(840)square feet net area. e. Four (4) bedrooms with each individual bedroom area permanently partitioned from other living areas, nine hundred ninety(990)square feet net area. f. Over four (4) bedrooms, add one hundred fifty (150) square feet per additional room. (Ord. No. 90-82-74, § 2(111, E, 2), 7-26-82) Sec. 24-83. Substandard lots of record. Where a lot or parcel of land has an area or frontage which does not conform with the requirements of the district in which it is located,but was a lot of record on July 26, 1982,the lot or parcel of land may be used for a single-family dwelling in any residential district, 1431 § 24-83 ATLANTIC BEACH CODE provided the minimum yard requirements for substandard lots are maintained. See also 110 Article II, Language and Definitions of this chapter. (Ord. No. 90-82-74, § 2(III, E, 3), 7-26-82) Sec. 24-84. Yards;obstructions; double frontage lots. (a) Obstructions. Every part of a required yard shall be open from its lowest point to the sky, unobstructed except for the ordinary projection of sills,belt courses, cornices,buttresses, ornamental features, chimneys, flues and eaves. No such projection shall exceed thirty (30) inches in width. (b) Double frontage lots. On double frontage lots,the required front yard shall be provided on each street. (Ord. No. 90-82-74, § 2(1II,E, 4), 7-26-82) Sec. 2485. Nonconforming uses or buildings. (a) Continuation of nonconforming uses or buildings. Where on July 26, 1982,lawful uses of land exist which would not be permitted by the regulations imposed by this article,the uses may be continued so long as they remain otherwise lawful,provided: (1) No such nonconforming uses shall be enlarged, increased, nor extended to occupy a greater area of land than was occupied on July 26, 1982, or upon amendment of this article. 411) (2) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses on July 26, 1982, or upon amendment of this article. (3) If any such nonconforming uses of land are discontinued or abandoned voluntarily for that use for a period of at least six (6) months, any subsequent use of the land shall conform to the regulations specified by this article for the district in which the land is located. If fifty (50) percent of the structure for the nonconforming use is destroyed, the structure shall not be reconstructed for any nonconforming use. a. Unsafe buildings or structures. Any structure or building or portion thereof declared unsafe may be restored to a safe condition. Permits are required; b. Alterations. A nonconforming building may be maintained, and repairs and alterations shall be made, except that no structural alterations shall be made except those required by law, including eminent domain proceedings. Repairs, such as plumbing or changing of partitions or other alterations, are permitted. Permits are required. (4) No additional structure not conforming to the requirements of this article shall be erected in connection with the nonconforming use of land. (b) Reversion. A nonconforming use which is changed to a conforming use shall not be 4110 permitted to revert to any nonconforming use. 1432 ZONING AND SUBDIVISION REGULATIONS § 24-103 K,. (c) Nonconformance not grounds for variance. The presence of a nonconforming use or structure in a zoning district shall not in and of itself be allowable as legal grounds for granting of variances for other surrounding properties. (Ord.No. 90-82-74, § 2(111,E,5), 7-26-82) Secs. 24-86-24100. .Reserved. DIVISION 5.ESTABLISHMENT OF DISTRICTS Sec. 24101. Introduction and purpose. The city is hereby divided into zoning districts, as listed and described below, with such requirements as set forth for the purpose of implementing the goals and objectives of the comprehensive plan.The following is established in this division: (1) The intent of each district; (2) General requirements for each district: a. Permitted uses; b. Uses by exception; c. Minimum lot or site requirements; d. Minimum yard requirements; e. Building restrictions. (Ord. No. 90-82-74, § 2(111,F, 1),7-26-82) Sec. 24-102. Established. The corporate area of the city is divided into districts as follows: District Description OR Open rural RS-1 Residential single-family RS-2 Residential single-family RG-1 Residential general—two-family RG-1A Residential general—two-family RG-2 Residential general-multiple-family RG-3 Residential general—multiple-family RMH Residential mobile home CL Commercial limited CG Commercial general CI Commercial intensive ILW Industrial light and warehousing (Ord. No. 90-82-74, § 2(111,F,2), 7-26-82) Sec. 24-103. OR open rural districts. (a) Intent. The OR districts are composed of large,open land areas,public and private. It is intended that these districts retain insofar as desirable and practical the open character of the land;to that end permitted uses are basically limited to conservation,recreation,forestry, 1433 § 24-103 ATLANTIC BEACH CODE and with certain limitations of the uses not contrary to the character of these districts, it is anticipated that controlled growth in the community will be considered through the planned unit development process. (b) Permitted uses. Uses permitted in these districts are as follows: (1) Agriculture, horticulture and forestry, excluding the keeping and raising of farm animals and poultry; (2) Game preserves,wildlife management,water sheds,water reservoirs; (3) Golf courses,parks,campgrounds,recreation areas,playgrounds; (4) Government buildings and facilities. (c) Uses by exception. In these districts,the uses by exception are as follows: (1) Churches and cemeteries; (2) Radio or television transmitters, antennae,etc.; (3) Airports,airparks, airstrips, and airfields; (4) Rifle, shotgun, or pistol shooting ranges,field archery ranges,golf driving ranges. (d) Minimum lot or site requirements. The minimum lot or site,requirements for these districts are as follows: (1) Lot or site area: Not applicable; (2) Lot width:Not applicable; (3) Lot depth:Not applicable. (e) Minimum yard requirements. The minimum yard requirements in these districts are as follows: (1) Front yard:Not applicable; (2) Rear yard:Not applicable; (3) Side yard: Not applicable. (f) Building restrictions. The building restriction in these districts are as follows: (1) Maximum lot coverage:Not applicable; (2) Maximum building height: Not applicable; (3) Maximum density: Not applicable. Sec. 24-104. RS-1 residential single-family districts. (a) Intent The RS-1 districts are intended for development of low density single-family residential areas. (b) Permitted uses. The uses permitted in these districts are as follows: (1). Single-family dwellings; (2) Accessory uses; 1434 ZONING AND SUBDIVISION REGULATIONS § 24-105 4111 (3) Planned unit developments; (4) Government buildings and facilities. (c) Uses by exception. In these districts, uses by exception are as follows: (1) Churches; (2) Public and private recreational facilities; (3) Schools. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: (1) Lot or site area: 7,500 square feet; (2) Lot width: 75 feet; (3) Lot depth: 100 feet. (e) Minimum yard requirements. The minimum yard requirements in these districts are as follows: (1) Front yard: 20 feet; (2) Rear yard: 20 feet; (3) Side yard: 7.5 feet. (f) Building restrictions. The building restrictions in these districts are: (1) Maximum lot coverage: 35 percent; (2) Maximum building height: 35 feet. (Ord. No. 50-82-74, § 2(III,F, 2), 7-26-82) Sec. 24-105. RS-2 residential single-family districts. (a) Intent. The RS-2 districts are intended to apply to a predominately developed area of single-family dwellings with lots smaller than those in the RS-1 district. (b) Permitted uses. The uses permitted in these districts are: (1) Single-family dwellings; (2) Accessory uses; (3) Planned unit developments; (4) Government buildings and facilities. (c) Uses by exception. In these districts,the uses by exception are as follows: (1) Churches; (2) Public and private recreational facilities; (3) Schools; (4) Home occupations. 1435 § 24-105 ATLANTIC BEACH CODE (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: (1) Lot or site area: 5,000 square feet; (2) Lot width: 50 feet; (3) Lot depth: 100 feet. (e) Minimum yard requirements. The minimum yard requirements in these districts area as follows: (1) Front yard: 20 feet; (2) Rear yard: 20 feet; (3) Side yard: 15 total feet; 5 minimum feet. (f) Building restrictions. The building restrictions in these districts are as follows: (1) Maximum lot coverage: 35 percent; (2) Maximum building height: 35 feet. (Ord. No. 90-82-74, § 2(111, F, 2), 7-26-82) Sec. 24-106. RG-1 and RG-1A residential general—Two-family districts. (a) Intent. The RG-1 and RG-1A districts are intended for development of medium density two-family residential areas. (b) Permitted uses. The uses permitted in these districts are as follows: (1) Single-family dwellings; (2) Two-family dwellings; (3) Accessory uses; (4) Planned unit developments; (5) Townhouses and rowhouses; requires filing a plat when sold; (6) Government buildings and facilities. (c) Uses by exception. In these districts,the uses by exception are as follows: (1) Child care centers; (2) Churches; (3) Public and private recreational facilities; (4) Schools; (5) Home occupations; (6) Family care homes; (7) Foster care homes. 1111 1436 ZONING AND SUBDIVISION REGULATIONS § 24-107 • (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: (1) Lot or site area: a. RG-1 districts: 1. 5,000 square feet, one-family; 2. 5,000 square feet, two-family. b. RG-1A districts: 1. 5,000 square feet, one-family; 2. 7,500 square feet, two-family. (2) Lot width: a. RG-1 districts: 1. 50 feet, one-family; 2. 75 feet, two-family. (3) Lot depth: 100 feet. (e) Minimum yard requirements. The minimum requirements for yards in these districts are: (1) Front yard: 20 feet; 1110 (2) Rear yard: 20 feet; (3) Side yard; 15 feet total; 5 feet minimum. (f) Building restrictions. The building restrictions for these districts are as follows: (1) Maximum lot coverage: 35 percent; (2) Maximum building height: 35 feet. (Ord. No. 90-82-74, § 2(III, F, 2), 7-26-82) Sec. 24-107. RG-2 and RG-3 residential general—multiple-family. (a) Intent. The RG-2 and RG-3 districts are intended for development of medium to high density multiple-family residential area. (b) Permitted uses. The uses permitted in these districts are as follows: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multiple-family dwellings; (4) Accessory uses; (5) Planned unit developments; 41110 (6) Townhouses and rowhouses, requires filing plat when sold; (7) Government buildings and facilities. 1437 §24-107 ATLANTIC BEACH CODE (c) Uses by exception. In these districts,the uses by exception are as follows: • (1) Child care centers; (2) Churches; (3) Public and private recreation facilities; (4) Schools; (5) Home occupations; (6) Group care homes; (7) Foster care homes. (d) Minimum lot or site requirements. The minimum lot and site requirements for these districts are as follows: (1) Lot or site area: a. RG-2: 1. One-family, 5,000 square feet; 2. Two-family, 5,000 square feet; 3. Multifamily, 5,000 square feet for first family unit and 2,904 square feet for each additional unit. b. RG-3: 1. One-family, 5,000 square feet; 2. Two-family, 5,000 square feet; 3. Multifamily, 5,000 square feet for first unit and 2,178 square feet for each additional unit. (2) Lot width: a. RG-2: 1. One-family, 50 feet; 2. Two-family, 50 feet; 3. Multifamily, 75 feet. b. RG-3: 1. One-family, 50 feet; 2. Two-family, 50 feet; 3. Multifamily, 75 feet. (3) Lot depth: a. RG-2: 1. One-family, 100 feet; 2. Two-family, 100 feet; 3. Multifamily, 100 feet. 4111 1438 ZONING AND SUBDIVISION REGULATIONS § 24-107 b. RG-3: 1. One-family, 100 feet; 2. Two-family, 100 feet; 3. Multifamily, 100 feet. (e) Minimum yard requirements. The minimum requirements for yards in these districts are as follows: (1) Front yard: a. RG-2: 1. One-family, 20 feet; 2. Two-family, 20 feet; 3. Multifamily, 20 feet. b. RG-3: 1. One-family, 20 feet; 2. Two-family, 20 feet; 3. Multifamily, 20 feet. (2) Rear yard: a. RG-2: 1. One-family, 20 feet; 2. Two-family, 20 feet; 3. Multifamily, 20 feet. b. RG-3: 1. One-family, 20 feet; 2. Two-family, 20 feet; 3. Multifamily, 20 feet. (3) Side yard: a. RG-2: 1. One-family, 15 feet total, 5 feet minimum; 2. Two-family, 7.5 feet; 3. Multifamily, 15 feet. b. RG-3: 1. One-family, 15 feet total, 5 feet minimum; 2. Two-family, 7.5 feet; 3. Multifamily, 15 feet. (0 Building restrictions. The buildings: (1) Maximum lot coverage: a. RG-2: 1. One-family, 35 percent; 2. Two-family, 35 percent; 3. Multifamily, 35 percent. 1439 § 24-107 ATLANTIC BEACH CODE b. RG-3: 1. One-family, 35 percent; 2. Two-family, 35 percent; 3. Multifamily, 35 percent. (2) Maximum building height: a. RG-2: 1. One-family, 35 feet; 2. Two-family, 35 feet; 3. Multifamily, 35 feet. b. RG-3: 1. One-family, 35 feet; 2. Two-family, 35 feet; 3. Multifamily, 35 feet. (Ord. No. 90-82-74, § 2(111,F, 2), 7-26-82) Sec. 24-108. RMH residential mobile home districts. (a) Intent. The RMH districts are intended for development of lots for mobile homes located in mobile home subdivisions or mobile home parks. The areas area not intended for permanent single-family structures. (b) Permitted uses. The uses permitted in these districts are mobile home parks or mobile home subdivisions. (c) Uses by exception. In these districts, the uses by exception area as follows: (1) Service families to meet only the requirements of the occupants of a mobile home park; minimum 75 spaces; (2) Government buildings and facilities. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: (1) Lot or site area: 4,000 square feet; mobile home parks and mobile home subdivisions must have a minimum site area of five(5)acres; (2) Lot width: 40 feet; (3) Lot depth: 100 feet. (e) Minimum yard requirements. The minimum yard requirements in these districts are as follows: (1) Front yard: 20 feet; (2) Rear yard: 20 feet; (3) Side yard: 7.5 feet. 1440 / , ZONING AND SUBDIVISION REGULATIONS § 24-109 (f) Building restrictions. The building restrictions in these districts are as follows: (1) Maximum lot coverage: 35 percent; (2) Maximum building height: 20 feet. (Ord. No. 90-82-74, § 2(111,F,2), 7-26-82) Sec. 24-109. CL commercial limited district. (a) Intent The CL districts are intended for low intensity commercial uses and business and professional offices which are suitable within close proximity to RS districts. (b) Permitted uses. The uses permitted in these districts are as follows: (1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning pick-up,tailors or dressmakers; (2) Art galleries,libraries,museums; - (3) Medical and dental offices,but not clinics or hospitals; (4) Professional offices such as accountants, architects, attorneys, engineers, optome- trists and similar uses; (5) Business offices such as real estate brokers,insurance agents,manufacturing agents and similar uses; (6) Banks and financial institutions; r } (7) Convenience food stores but not supermarkets; (8) Apothecaries; (9) Government buildings and facilities. (c) Uses by exception. In these districts,uses by exceptions are as follows: (1) Medical or dental clinics; (2) Child care centers; (3) Churches; (4) Restaurants,not drive-ins; (5) Convenience food stores with retail sale of gasoline. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: (1) Lot or site area:5,000 square feet; (2) Lot width: 50 feet; (3) Lot depth: 100 feet. (e) Minimum yard requirements. The minimum yard requirements for these districts are as follows: (1) Front yard:20 feet.If buildings adjacent have provided a lesser front yard,front yard shall be the average of buildings on adjacent lots.Where lot is adjacent to RS and RG districts,front yard shall meet the requirements for such adjacent property; 1441 • § 24-109 ATLANTIC BEACH CODE (2) Rear yard: 20 feet; (3) Side yard: 10 feet. (f) Building restrictions. The buildings restrictions for these districts are as follows: (1) Maximum lot coverage: 65 percent; (2) Maximum building height: 35 feet. (Ord. No. 90-82-74, § 2(111,F, 2), 7-26-82) Sec. 24-110. CG commercial general districts. (a) Intent The CG districts are intended to provide general retail sales and services for the city as a whole. These districts should have direct access to major thoroughfares and are well suited for development of community shopping centers. (b) Permitted uses. The uses permitted in these districts are as follows: (1) Retail outlets for sale of food and drugs,wearing apparel,toys,sundries and notions, books and stationery, luggage,jewelry,art,cameras,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 and similar uses; (2) Service establishments such as barber or beauty shops, shoe repair, restaurants, gymnasiums, laundry or dry cleaners, funeral homes,job printing, radio and televi- sion repair; (3) Banks,loan companies,mortgage brokers,stockbrokers and similar financial institutions; (4) Business and professional offices; (5) Hotels and motels; (6) Retail plant nurseries; - (7) Retail sale of beer and wine; (8) Auto service stations(not repair), car wash; (9) Theater; (10) Government buildings and facilities. (c) Uses by exception. In these districts, uses by exception are as follows: (1) Animal kennels; (2) Veterinarian clinics; (3) Child care centers; (4) On-premise consumption of liquor,beer and wine; (5) Limited wholesale operation; (6) Contractor, not requiring outside storage; 1442 ZONING AND SUBDIVISION REGULATIONS § 24-111 (7) Limited warehousing; (8) Marinas; (9) Churches; (10) Apartment complexes. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: (1) Lot or site area: None; (2) Lot width:None; (3) Lot depth:None. • (e) Minimum yard requirements.The minimum yard requirements in these districts are as follows: (1) Front yard:20 feet.If buildings adjacent have provided a lesser front yard,front yard shall be the average of buildings on adjacent lots.Where lot is adjacent to RS and RG districts,front yard shall meet the requirements for such adjacent property; (2) Rear yard: 20 feet; (3) Side yard: 10 feet. (g) Building restrictions. The building restrictions in these districts are as follows: (1) Maximum lot coverage: None; (2) Maximum building height: 35 feet. (Ord. No. 90-82-74, §2(111,F,2), 7-26-82; Ord. No. 90-83-80, § V, 6-27-83) Sec. 24-111. CI commercial intensive districts. (a) Intent. The CI districts are intended for high intensive sales and services which require a conspicuous and accessible location with direct access to highways. These uses are generally more intensive than CL and CG district uses and require ample off-street parking and loading. (b) Permitted uses. The uses permitted in these districts as as follows: (1) Retail outlets for sale of general merchandise, including new or used automobiles, trucks and tractors,.mobile homes, boats, vehicle parts, but not wrecking yards, storage yards,junkyards or scrap processing yards,heavy machinery and equipment, plant nurseries, lumber and building supplies and similar products; (2) Service establishments of all kinds including automotive service stations or truck stop repairs and service garages, amusement parks, circuses, wholesale establish- ment,produce markets, steam laundries,contractors'yards and similar uses; (3) Hotels and motels; ( (4) Restaurants, including drive-ins; 1443 § 24-111 ATLANTIC BEACH CODE (5) Bars and lounges; (6) Theaters; (7) Government buildings and facilities. (c) Uses by exception. In these districts,the uses by exception are as follows: (1) Child care centers; (2) Churches; (3) Hospitals, sanitariums; (4) Nursing homes,group housing; (5) Racetracks; (6) Theaters(open air); (7) Miniwarehouses; (8) . Marinas. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: (1) Lot or site•area:None; (2) Lot width;None; (3) Lot depth:None. j (e) Minimum yard requirements. (1) Front yard:20 feet.If buildings adjacent have provided a lesser front yard,front yard shall be the average of buildings on adjacent lots.Where lot is adjacent to RS and RG districts,front yard shall meet the requirements for such adjacent property; (2) Rear yard:20 feet; (3) Side yard: 10 feet. (f) Building restrictions. The building restrictions in these districts are as follows: (1) Maximum lot coverage: None; (2) Maximum building height: 35 feet. Sec. 24-112. ILW industrial lightand warehousing districts. (a) Intent The ILW districts are intended for light manufacturing,storage and warehous- ing,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 related to the character of the district and supporting its activities are permitted. (b) Permitted uses. The uses permitted in these districts are as follows: (1) Wholesaling,warehousing,storage or distribution establishments and similar uses; 1444 ZONING AND SUBDIVISION REGULATIONS § 24-125 (2) Light manufacturing, processing, including food processing, but not a slaughter- house,packaging, or fabricating in completely enclosed building; (3) Bulk storage yards,not including bulk storage of flammable liquids; (4) Outdoor storage yards and lots providingfront yards and six (6) feet fence and excluding junkyards; (5) Establishments for sale and repair of new and used automobiles,motorcycles,trucks and tractors,boats, automotive vehicle parts and accessories, except junkyards, heavy machinery and equipment, farm equipment, lumber and building supplies, monu- ments and similar uses; (6) Heating and air conditioning, welding, sheet metal works, plumbing and electrical sales,laundries and dry cleaning,bakeries,bottling plans and similar uses; (7) Vocational,technical,trade or industrial schools and similar uses; (8) Government buildings and facilities. (c) Uses by exception. In these districts,use by exception are as follows: • (1) Bulk storage of flammable liquids subject to provisions of county and state fire codes; (2) Radio and TV transmitting towers; (3) Asphalt or concrete batching plants. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: - (1) Lot or site area:None; (2) Lot width:None; (3) Lot depth:None. (e) Minimum yard requirements. The minimum yard requirements for these districts are as follows: (1) Front yard:20 feet.If buildings adjacent have provided a lesser front yard,front yard shall be the average of buildings on adjacent lots.Where lot is adjacent to RS and RG districts,front yard shall meet the requirements for the adjacent property; (2) Rear yard: 20 feet; (3) Side yard: 10 feet. (0 Building restrictions. The building restrictions for these districts are as follows: (1) Maximum lot coverage:.None; (2) Maximum building height: 35 feet. (Ord.No. 90-82-74, §20I1,F,2), 7-26-82) Sees. 24113.-24125. Reserved. 1445 § 24-126 ATLANTIC BEACH CODE DIVISION 6. PLANNED UNIT DEVELOPMENT(PUD) Sec. 24-126. Purpose. The purpose of the planned unit development is to encourage imaginative design to create a more desirable environment than would be possible through the strict application of the minimum requirements of the land use regulations.The purpose of planned unit develop- ment regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities, and public spaces; and to preserve the natural and scenic qualities of open areas. The objective of a planned unit development is to encourage ingenuity, imagination, and design efforts on the part of builders, architects, site planners and developers;to produce developments which are in keeping with overall land use intensity and open space objectives of this chapter, while departing from the strict application of use, setback, and minimum lot size requirements of the several zoning districts. While the planned unit developments may depart from the strict application of this chapter for the district or districts in which it is proposed to be located, the developments are to be compatible with the comprehensive plan and platted of record in accordance with Article IV, subdivision regulations. (Ord. No.90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Sec. 24-127. Intent. The intent of this division is to permit such flexibility and provide performance criteria for planned unit developments which: (1) Permit a creative approach to the development of land; (2) Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of this article; (3) Provide for an efficient use of land, resulting in small networks of utilities and streets and thereby lower development costs; (4) Enhance the appearance of the area through preservation of natural features, the provision of underground utilities and the provision of recreation areas and open spaces in excess of existing zoning and subdivision requirements; - (5) Provide an opportunity for new approaches to ownership; (6) Provide an environment of stable character compatible with surrounding areas; and (7) Retain property values over the years. (Ord. No. 90-82-74, § 2(111, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Sec. 24-128. Defined. For the purpose of this chapter,planned unit development shall mean the development of land under unified control which is planned and developed as a whole in a single or pro- grammed series of operations with uses and structures substantially related to the character 1446 • ZONING AND SUBDIVISION REGULATIONS § 24-130 of the entire development. A planned unit development must also include a program for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants thereof. (Ord. No. 90-82-74, § 2(111, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 24.129. Permitted uses and site requirements. • (a) Permitted uses. Any use which is permitted or permissible by exception in any district may be included in a planned unit development. (b) Site requirements. Minimum site area required in a planned unit development is seven(7)acres. (Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Sec. 24130. Application for rezoning. (a) Information required. An application for rezoning to planned unit development shall proceed in general as for other applications for rezoning and, in addition to the information usually required for such applications, the following shall be required: (1) Plats and/or metes and bounds description of the area within the planned unit development; (2) The name and address of the owner and, if applicable, evidence of the assignment of an agent who represents the owner; (3) Evidence of unified control of the entire area within the planned unit development with all owners within the area of same identified; (4) An agreement by all owners within the planned unit development which includes their commitment to: a. Proceed with the proposed development in accordance with the planned unit development ordinance and such conditions and safeguards as may be set by the city commission in the ordinance; and b. Provide a written statement of a proposal for completion of the development according to plans approved by the ordinance, and for continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the city pursuant to written agreement; and c. To bind their successors in title to any commitments made in their application. (b) Materials to accompany applications. An application for rezoning to planned unit development shall be accompanied by the following, in sufficient copies as deemed necessary by the administrative official for referrals and recommendations: • (1) Plans, maps, studies and reports as may be required by the city in order to make the findings and determinations called for in the particular case. 1110 (2) Written description of the intended plan of development, clearly indicating where approval of the planned unit development will benefit the future occupants of the 1447 § 24-130 ATLANTIC BEACH CODE proposed development and the city in general.Such justification shall be based on the intent of the planned unit development. (3) A sketch plan at an appropriate scale supporting the above statement illustrating: a. The preliminary location, grouping, and height of all uses and facilities; b. In the case of residential development,the number of residential units proposed, their general location, number of stories, indicating those areas to be owner occupied and those to be renter occupied; c. A preliminary vehicular and pedestrian circulation system including driveways, walkways, parking areas, and streets to be dedicated; d. A system of open space and recreational uses, with estimates of acreage to be dedicated and that to be retained in common ownership; e. A topographic map at an appropriate scale showing contour lines, including all existing buildings and wooded areas; f. Site data including tabulation of total number of gross acres in the project and acreage to be devoted to each of several types of primary residential, secondary nonresidential uses and of the space uses,the total number of dwelling units and square foot of gross nonresidential building areas. (4) Preliminary statements indicating how the problems of maintenance and ownership of common facilities will be resolved. (5) Preliminary schedules of development, including the staging and phasing of: 110 a. Areas to be developed, in order of priority; and b. The construction of streets, utilities and other improvements necessary to serve the proposed development; and c. The dedication of land to public use. (6) Each of the above elements shall be listed as to their relative order of improvement with an estimated time schedule for their accomplishment. It is, among other things, the intent of this requirement that the schedule of development be such that a staged implementation of the planned unit development would not result in land use condi- tions which would establish a precedent for the use of adjoining undeveloped property for the purposes other than that shown on the approved planned unit development. (Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Sec. 24-131. Consultants,etc.,fees;payment by applicant. The city may retain consultants to assist in the review of the planned unit development. The cost of retaining said consultants shall be borne by the applicant. Additionally, the applicant shall reimburse the city for administrative staff time required for the review and adoption of a planned unit development. The fee for personnel costs shall be the hourly rate (hourly wage multiplied by 1.35 times a factor of two (2) for administrative overhead), or as otherwise set by the city commission. (Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) 1448 ZONING AND SUBDIVISION REGULATIONS § 24-133 Sec. '24-132. Application and review procedures. (a) Review by administrative official. The planned unit development zoning application shall be submitted to the administrative official at least thirty(30)days prior to the meeting of the advisory planning board, at which meeting such application is to be considered. The administrative official shall review the preliminary development plan to determine its con- formity with the comprehensive plan, policies of the city, requirements of this chapter, and requirements of other applicable state and federal statutes, rules and regulations. Upon completion of the review, the administrative official shall forward the planned unit develop- ment zoning application to the advisory planning board. (b) Action by the advisory planning board. The advisory planning board shall review the planned unit development zoning application and may recommend to the city commission to enact an ordinance establishing planned unit development including any special conditions related thereto based upon the findings that: • (1) The proposed planned unit development does not affect adversely the orderly devel- opment of the city, as embodied in this article and in any comprehensive plan or portion thereof adopted by the city commission; (2) The proposed planned unit development does not affect adversely the health and safety of residents in the area and will not be detrimental to the natural environment 410 or to the use or development of adjacent properties or the general neighborhood; (3) The proposed planned unit development will accomplish the objectives and will meet the standards and performance criteria of section 24-135; (4) The advisory planning board may conduct a public hearing to assist in its develop- ment of a recommendation to the city commission. (Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Sec. 24-133. Adoption of ordinance creating planned unit development. (a) Action by the city commission. Upon receipt of the recommendation of the advisory planning board, the city commission may enact an ordinance establishing a planned unit development,including any special conditions related thereto based upon findings as outlined in section 24-132(b)above. (b) Procedure for adoption. (1) Each planned unit development ordinance shall be introduced in writing, and shall contain all applicable materials which are applicable to the planned unit development. (2) A proposed planned unit development may be read by title or in full on at least two (2)separate days and shall,at least seven(7)days prior to adoption,be noticed once in a newspaper.The notice of proposed enactment shall state the date,time and place of the meeting, the title or titles of the proposed planned unit development ordinance, and the place or places within the municipality where such proposed ordinances may 1449 § 24-133 ATLANTIC BEACH CODE be inspected by the public. A public hearing on the proposed ordinance shall be held 41110 on the second reading: (3) The city commission shall direct the city clerk to notify by mail each real property owner whose land the municipality will rezone by enactment of the planned unit development ordinance and whose address is known by reference to the latest ad valorem tax records.The notice shall state the substance of the proposed ordinance as it affects the property owner, and shall set a time and place for one(1)or more public hearings on the ordinance. The notice shall be given at least thirty(30)days prior to the date set for the 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.The city commission may, upon the conclusion of the hearing, immediately adopt the planned unit development ordinance. (c) Deviations from the ordinance. In order to facilitate minor adjustments to the plans approved as part of the ordinance creating the planned unit development,the city commission may approve changes in such plans which comply with the following criteria: (1) There are the same or fewer number of dwelling units and/or floor area; or (2) The open space is in the same general location and in the same general amount, or a greater amount; or (3) The buildings have the same or less number of stories and/or floor area; or (4) The roads and drives follow approximately the same course; and have the same public or private rights therein. (d) Expiration of time limits provided in ordinance. If development actions required by the ordinance creating a planned unit development are not taken within any time limits set by the city commission in the ordinance,the approval of a planned unit development as provided in the ordinance shall become invalid and no further action shall be permitted under same. (Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Sec. 24134. Implementation of a planned unit development. (a) Development plan. Following the enactment of an ordinance creating a planned unit development, a detailed development plan of all or part of the planned unit development shall be submitted to the administrative official for review in accordance with the schedule of development, as contained in the ordinance,which shall include: (1) All materials, drawings, information, and other documentation, as required by the city to certify substantial compliance with the planned unit development ordinance. (2) Agreements, contracts, deed restrictions and sureties acceptable to the city for com- pletion of the development according to plans approved in the ordinance, and for continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated,or maintained by the city pursuant to written agreement. (b) Record plans. If the planned unit development ordinance requires the recording of record plats, such plats shall accompany the submission of the development plan to the 1450 ZONING AND SUBDIVISION REGULATIONS § 24-135 administrative official and shall be included in its approval of the plan, and plats so approved shall be recorded, as required by law. (c) Approval of development plan. The administrative official shall review the submittals required for the final development plan to assure its compliance with the planned unit development ordinance. The administrative official shall then forward the final development plan to the city commission.The city commission shall review the final development plan and, if found in compliance with this article, the planned unit development ordinance and stand- - ards established pursuant to section 24-135, shall approve the same. (d) Permits required. All construction in the development of a planned unit development shall proceed only under applicable permits, issued by the administrative official; and no building permit,certificate,or other document authorizing construction or occupancy within a planned unit development shall be issued, except in accordance with the approved develop- ment plan. (Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Sec. 24-135. Standards of criteria. (a) Density of developments. The total ground occupied by building and structures for residential use shall not exceed thirty-five(35)percent of the total ground area of that portion 4110 of the planned unit development devoted to residential use. (b) Open space. The planned unit development may include residential lots of smaller size than would be permitted by this article otherwise applicable to the site, provided the overall density is not increased. The excess land shall be utilized as open space. The open space area shall be recorded upon the final development plan of the planned unit development. The open space shall be utilized as a park, for either passive or active recreation or as a conservation area. The open space shall either be dedicated to the city or be maintained by a community association composed of residents of the planned unit development. Land recorded as open shall not be encroached upon by any residential commercial or industrial primary or accessory use. (c) Waiver of yard, dwelling unit, frontage criteria, and use restriction. Minimum yard, lot size, type of dwelling unit, height and frontage requirements and use restrictions are waived for the planned unit development, provided the spirit and intent of this article is complied with the total development of the planned unit development. However,the city commission of the city may, at its discretion, require adherence to minimum zone requirements within certain portions of the site if deemed necessary in order to maintain the spirit and intent of this article. (d) Support legal documents for open space. Legal documents which assure adequate management and maintenance of the open space area must be provided by the developer for all areas proposed for common ownership by the residents of the planned unit development. Legal instruments provided for dedications, covenants, community associations, and subdivi- sion controls shall: 1451 § 24-135 ATLANTIC BEACH CODE (1) Place title of common property in a form of common ownership by the residents of the planned unit development; e.g., a duly constituted and legally responsible commu- nity association, cooperative, etc.; (2) Appropriately limit the use of common property; (3) Place responsibility for management and maintenance of common property. The city commission, at its discretion, may require the applicant to enter into a contract with the city for maintenance of commonly held properties; (4) Place responsibility for enforcement of covenants; (5) Permit the subjection of each lot to assessment for its proportionate share of mainte- nance costs. (e) Access. Access to each single-family dwelling unit shall be provided via either a public right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee or in common ownership with the residents of the planned unit development. (f) Privacy. Each dwelling unit within the planned unit development, shall be provided visual and acoustical privacy. Fences,walks and landscaping shall be provided for the protec- tion and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise. (Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Sec. 24-136. Community facilities. (a) All utility facilities proposed for dedication to the city must be acceptable by the city as to be of benefit to the general public. (b) All requirements for off-street parking and loading shall apply to the planned unit development unless otherwise waived or modified. (c) Access and circulation shall adequately provide for fire-fighting equipment, furniture moving vans,fuel trucks,refuse collection, deliveries and debris removal. (d) All planned unit developments shall provide for underground installation of utilities, including telephone, power and cable television in both public and private rights-of-way. Provisions shall be made for acceptable design and construction of storm sewer facilities including grading, gutters, piping and treatment of turf to handle storm waters, prevent erosion and formation of dust. (e) Specifications for street design shall conform to the rules and regulations adopted by the city. (Ord. No. 90-83-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Secs. 24-137-24-150. Reserved. DIVISION 7. SUPPLEMENTARY REGULATIONS Sec. 24-151. Accessory uses and structures. (a) Authorization.'Accessory uses and structures are permitted in any zoning district when the uses or structures are ancillary, in connection with and incidental to the principal use or structure allowed within the district in question. 1452 ZONING AND SUBDIVISION REGULATIONS § 24-151 (b) Accessory uses by zoning district. The following accessory uses and structures shall only be permitted in the zoning districts as enumerated in this article: (1) In all residential dwelling districts; single-family,two-family, and multifamily; a. Antenna structures for television and radio, but not microwave relay or trans- mission structures; b. Children's playhouse,-not to exceed one hundred(100) square feet of gross floor area and/or juvenile play equipment; c. Fallout shelters; d. Private garages and carports; e. Gazebos and similar structures; f. Private swimming pools and bathhouses; g. Tennis, basketball or volleyball or volleyball courts and other similar private recreation uses; h. Storage/tool sheds. (2) In all single-family residential,two-family residential, and mobile home districts: a. Doghouses, pens and other similar structures for the keeping of commonly ac- cepted household pets; b. Parking of not more than two (2)major recreational vehicles, including but not limited to boat trailers not exceeding twenty-five (25) feet in length, camping ( trailers, travel trailers, motorized dwellings, tent trailers and horse vans, but subject to the following limitations:. 1. Such equipment shall not be used for living, sleeping or other occupancy when parked; 2. Such equipment six(6)feet or more in average height shall not be parked or stored in a garage,carport or other structure and shall not be located in any required front yard. (3) In any zoning district: a. No accessory structure shall be occupied or utilized, unless the principal struc- ture to which it is accessory is occupied or utilized; b. All accessory uses and structures shall comply with the use limitations applica- ble in the zoning district in which they are located; c. All accessory uses and structures shall comply with the property development regulations applicable in the zoning district in which they are located; d. All accessory uses and structures shall be arranged and maintained so as not to encroach on any required front yard; e. No accessory structures shall be used as a residence,temporarily or permanent- ly,nor shall any residence of temporary character be permitted; f. Accessory building shall be in the rear or side yard, shall not be more than one (1)story in height. Only one(1)such building shall be permitted on each lot. No part of any accessory structure shall be nearer than five (5) feet to any side or rear lot line. On a corner lot, no part of any accessory building shall project in 1453 § 24-151 ATLANTIC BEACH CODE front of the required setback line on either street. Space shall not be leased or let for any use or purpose other than those incident to the use of the main building. (Ord. No. 90-82-74, .§ 2(111,H,1), 7-26-82) Sec. 24-152. Child care centers. Child care centers, including day nurseries and kindergartens, whether permitted or permissible shall be subject to the following conditions: (1) Minimum lot area shall not be less than five thousand(5,000)square feet; (2) Outdoor play area shall be totally fenced with a minimum four(4)foot high fence and the size of play area must meet the state regulations for square feet per child. Play area shall be located in the rear yard in residential districts; (3) The maximum number of children must be stated in the application for exception and in no case shall the number of children approved be exceeded; (4) A plan showing the location of the building to be used or constructed on the lot, fenced play areas, off-street parking loading and unloading facilities, ingress and egress shall be submitted with the application for exception; (5) All facilities, operation and maintenance shall meet all applicable city or state regulations for the use. (Ord. No. 90-82-74, § 2(III, H, 2), 7-26-82) Sec. 24-153. Churches. The minimum developmental criteria for churches in any district where allowed shall include: (1) Adequate site area to accommodate all structures and required off-site parking and circulation areas for motor vehicles, in accordance with the parking schedule in this article; (2) Location on a collector or arterial street with adequate frontage to accommodate ingress-egress driveways in proportion to expected peak attendance levels in order not to disrupt roadway traffic; (3) Maintenance of the required clear sight triangle; (4) Building setbacks as required in the district in which the facility is located; (5) Buffering in the form of hedge materials and/or fence or wall, as appropriate, along lot lines adjacent to residential uses; (6) If there is a dwelling for clergy attached or on the same premises,required open space for occupant use shall be: a. For single-family homes, same as for the same use in a district permitting single-family homes, even though the premises may be in another district; b. For group homes,residence halls, same as for multifamily dwellings. ,-- (Ord.No. 90-82-74, § 2(111,H, 3), 7-26-82) 1454 ZONING AND SUBDIVISION REGULATIONS § 24-157 Sec. 24154. Display of used merchandise/outside of business. It shall be unlawful for any business or commercial enterprise to have outside display or sales of used furniture, clothing, dry goods,hardware or other similar materials. (Ord. No. 90-82-72, § 1, 6-28-82) Sec. 24-155. Establishments offering dancing or live entertainment. If at any time the city commission shall determine, based upon procedural due process, that the live entertainment for which a conditional use permit has been issued constitutes a public or private nuisance, is not in the best interests of the public, is contrary to the general welfare or has an adverse effect upon the public health, safety, comfort, good order, appear- ance or value of property in the immediate or surrounding vicinity, then the city commission may, upon such determination, revoke, cancel or suspend such license, and any person or party applying for and receiving a conditional use permit for live entertainment is hereby placed on notice that the permit may be canceled,revoked or suspended at any time pursuant to the provisions of this section. Every conditional use permit hereafter granted for live entertainment shall contain a recitation upon the face thereof that the same is subject to revocation, cancellation or suspension for the reasons stated in this section. (Ord. No. 90-82-74, § 2(III,H,4), 7-26-82) Sec. 24-156. Exceptions to height limitations. II! (a) Upon specific application,the city commission may make exceptions to the limitations and restrictions on height of buildings in all zoning districts described in this article, except the single-family residential zoning districts; provided, that in any instance wherein such an exception is granted, the city commission shall prescribe the maximum allowable height of the building or buildings involved. (b) Chimneys; water, fire, radio and television towers; church spires, domes, cupolas, stage towers and scenery lofts; cooling towers, elevators and stair bulkheads, smokestacks, flagpoles;parapet walls and similar structures and their necessary mechanical appurtenances may be erected above the height limits established by this article without the necessity of obtaining a waiver of or exception to the height limitation by the city commission. However, the heights of these structures shall not exceed the height limitations prescribed by the Federal Aviation Administration (FAA) within the flight approach zone patterns of airports. Plans for construction in these areas shall be approved by the FAA prior to submittal to the administrative official for site plan approval. (Ord. No. 90-82-74, § 2(III, H, 5), 7-26-82) Sec. 24-157. Fences,hedges and walls. (a) No owner, occupant or other person shall erect, keep or maintain in existence any fence, wall or structure between the front property line and the front building setback line exceeding four(4)feet in height. In the area between the front building setback line and the rear property line, no fence or wall shall exceed six(6)feet in height. (b) No owner, occupant or other person shall erect, keep or maintain in existence any fence, wall or structure exceeding four (4) feet in height, nor plant, keep or maintain any 1455 § 24-157 ATLANTIC BEACH CODE hedge, bush or shrubbery exceeding three (3) feet in height upon real property within a distance of twenty-five (25) feet from the point where the right-of-way of any road or street intersects the right-of-way of another road or street. (Ord. No. 90-82-74, § 2(III, H, 6), 7-26-82) Sec. 24-158. Guardhouses and security buildings. (a) Guardhouse or security building shall mean any structure designed, built or used exclusively for the shelter and on-duty accommodation of persons engaged in the protection, guarding and security of persons and property. (b) Upon specific approval, by the city, of an application for a building permit to install, construct or place guardhouse or security building and issuance of a building permit, a guardhouse or security building may be erected, installed, placed or constructed within any zoning district. (c) Any person or party desiring to erect, install, place or construct any guardhouse or security building shall apply to the administrative official for a permit. Such application shall meet all requirements of applications for building permits and shall be accompanied by the building permit fee required by the city for commercial structures. (d) Upon receipt of the application and filing fee, the city shall, as soon as practicable, either approve and authorize issuance of the permit, or deny the same. If the permit is authorized, the administrative official shall issue a permit for the guardhouse or security building. (e) No guardhouse or security building shall be occupied until the time has passed all building inspections and a certificate of occupancy has been issued. (f) When any guardhouse or security building has ceased to be used for such purpose as defined in this section, and the guardhouse or security building does not meet all setback, square footage, electrical, plumbing and other requirements of this article for issuance of a building permit as a principal use, accessory use or conditional use in the zoning district where the building is located, it shall be removed at the owner's expense unless the city authorizes the continued use. (Ord. No. 90-82-74, § 2(1II, H, 7), 7-26-82) Sec. 24-159. Home occupations. Home occupations are a permissible use by exception in all districts. The following regulations are applicable to home occupations: (1) No person other than members of the family residing on the premises shall be engaged in such occupation. (2) No home occupation shall occupy more than twenty-five(25)percent of the floor area of the dwelling unit. (3) No home occupation shall be conducted in an accessory building, but must be con- ducted in the residence of the proprietor. 1456 ZONING AND SUBDIVISION REGULATIONS § 24-161 (4) The home occupation shall be clearly incidental and subordinate to its residential use and shall, under no circumstances change the outside appearance or the residential character of the building. (5) A nonilluminated nameplate not exceeding one(1)square foot in area,mounted flat against the wall at a position not more than two (2) feet distant from the main entrance to the residence. (6) No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.All motors and equipment shall be shielded so as not to cause radio or television interference. (7) There shall be no sale of commodities other than those made on the premises pro- vided that the sales shall be conducted within the building and no display or adver- tising shall be visible from the outside of the building. (8) Fabrication of articles such as are commonly classified under the terms arts and handicrafts may be deemed a home occupation. (9) Home occupations shall not be construed to include uses which will generate greater volumes of traffic than normally expected in a residential neighborhood,nor shall it be constructed to include barber shops, beauty parlors, food processing establish- ments,restaurants, antique stores or commercial kennels. (10) A plan showing the location and total floor area of the residence on the lot,the area of room or rooms to be utilized for the home occupation, ingress and egress from the public right-of-way, shall accompany the application for exception or permit for the home occupation. (Ord. No. 90-82-74, § 2(111,H,8),7-26-82) Sec. 24-160. Miniwarehouses. The business commonly known as miniwarehouses shall be utilized for the sole purpose of storage of tangible personal property. - (Ord.No.95-79-18, § 2, 10-8-79) Sec. 24-161. Off-street parking and loading. (a) General Minimum off-street vehicular parking spaces shall be provided at the time of the construction of any main building for the uses described in this section.The facilities shall be arranged for convenient access and safety of pedestrians and vehicles; shall be paved, adequately drained and maintained in a dustproof condition; shall provide barriers when located at the perimeter of the lot to prevent encroachment on to adjacent property;and when lighted, lights shall be directed away from adjacent property. Parking areas and driveways shall not obstruct storm water drainage swales,guttering,etc. (b) Plans required. A plan shall be submitted with the application for a building permit for any building requiring off-street parking and loading with accurate dimensions for park- 1457 § 24461 ATLANTIC BEACH CODE ing and loading spaces, access aisles and driveways and location of parking and loading in relationship to the buildings or uses to be served. (c) Measurement Where floor area determines the amount of off-street parking and loading required,the floor area of a building shall be the sums of the gross horizontal area of every floor of the building, using exterior wall dimensions. In places of public assembly in which occupants utilize benches,pews or similar seating,each twenty-four(24)lineal inches of such seating shall be considered one (1) seat. When computations result in requirement of a fractional space, a fraction equal to or more than one-half shall require a full space. (d) Uses not specifically mentioned Requirements for off-street parking and loading for uses not specifically mentioned in this section shall be the same as required for the most similar to the one sought, it being the intent of this article to require all uses to provide off-street parking and loading. (e) Location: (1) Parking spaces for dwellings shall be located on the same property with main build- ing to be served,where feasible. Such off-street paved parking space shall not occupy any part of the required front yard(in front of the building setback line); (2) Parking spaces for other uses shall be provided on the same lot or not more than four hundred(400)feet away. (f) Design requirements: (1) Parking space dimension shall be a minimum of ten(10)feet by twenty(20)feet; (2) Handicapped parking spaces shall have a minimum width of twelve(12)feet; (3) Minimum width for one-way driveway aisle shall be twelve (12) feet and the mini- mum width for two-way driveway shall be twenty-two(22)feet. (g) Parking space requirements: (1) Auditoriums, theaters or other places of assembly. One (1) space for every four (4) seats or seating places; (2) Bowling alleys.Four(4)spaces for each alley; (3) Business or commercial buildings. One(1)space for each three hundred(300)square feet of gross floor area; (4) Churches,temples or places of worship.One(1)space for each four(4)seats or seating places; (5) Clubs or lodges. One(1)space for each four(4)seats or seating places or one(1)space for each two hundred(200)square feet of gross floor area, whicheveris greater; (6) Dwelling structures. a'. Single-family,two(2)spaces per dwelling unit; b. Multiple-family, two(2)spaces per dwelling unit plus one (1)space for owner or operator plus one(1)space for each two(2)employees. 1458 ZONING AND SUBDIVISION REGULATIONS § 24-161 (7) Hospitals, sanitariums and convalescent homes. One and one-half (11) spaces for each hospital bed; (8) Hotels and motels. One (1) space for each sleeping unit plus spaces required for accessory uses such as restaurants,lounges,etc.; (9) Libraries and museums. One(1)space for each five hundred(500)square feet of gross floor area; (10) Manufacturing, warehousing and industrial uses. One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each company vehicle operating from the premises; (11) Medical or dental clinic. One(1)space for each two hundred(200)square feet of gross floor area; • (12) Mortuaries. One(1)space for each four(4)seats or seating spaces in chapel plus one (1)space for each three(3)employees; (13) Marinas. One (1) space for each boat berth plus one (1) space for each two (2) employees; (14) Office and professional buildings. One (1) space for each four hundred (400) square ' feet of gross floor area; (15) Restaurants, cocktail lounges and/or other eating places. One (1) space for each two (2)seats; (16) Rooming and boardinghouses. One(1)space for each guest bedroom; (17) Schools and educational uses: a. Elementary and junior high schools.Two(2)spaces for each classroom,office and kitchen; b. Senior high schools. Six(6)spaces for each classroom plus one(1)space for each staff member. (18) Vocational, trade and business schools. One (1) space for each three hundred (300) square feet of gross floor area; (19) Day care centers. One and one-half(11/2)spaces for each employee; (20) Shopping centers. Four (4) spaces for each one thousand (1,000) square feet of gross leasable area. (h) Off-street loading spaces. Off-street loading spaces shall be provided and maintained for hospital, institutions, single occupancy commercial or industrial building, or similar use requiring the receipt or distribution by vehicles of materials and merchandise as follows: One (1) space for the first ten thousand (10 000) square feet of p q gross floor area and one (1) 1459 § 24-161 ATLANTIC BEACH CODE additional space for each twenty thousand(20,000)square feet of gross floor area,or fraction thereof,over and above the first ten thousand(10,000)square feet. (Ord. No. 90-82-74, § 2(IH,H, 9), 7-26-82) Cross reference—Stopping,standing and parking generally, § 21-16 et seq. Sec. 24-162. Parking lots. Off-street parking lots shall be a permissible use by exception in all districts where such lots are within four hundred (400) feet of a premises requiring off-street parking, provided such lots in residential districts shall also conform to the following: (1) Such parking lots may be permitted only between the principal use and the nearest street in the residential district. (2) An approved wall, fencing, shrubbery or as otherwise required by the planning agency and the city commission shall be erected along edges of portions of such lots as adjoin land in the residential district unless releases are secured from all adjoining property owners. Height limitations as required in other sections of this article shall not apply. (3) No source of illumination for the lots shall be directly visible from any window in any residence in the residential district. (4) There shall be no sales or service activity of any kind on any parking lot unless a permit is applied for and is granted by the administrative official. (Ord. No. 90-82-74, § 2(III,H, 10), 7-26-82) Cross reference—Stopping,standing and parking generally, § 21-16 et seq. Sec. 24-163. Storage and parking of vehicles and equipment in residential districts. (a) Commercial vehicles of less than eighteen thousand five hundred(18,500)gross vehi- cle weight, and trailers of all types, including travel,boat,camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district, except in accordance with the following requirements: (1) No more than one(1)commercial vehicle per dwelling shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted; (2) Travel trailers, motor homes, hauling trailers or boat trailers shall be permitted if parked or stored behind the front yard building line; (3) A travel trailer or motor home shall not be occupied, either temporarily or perma- nently, while it is parked or stored in any area except in a trailer park authorized under this article; (4) A junked vehicle,or one that is inoperable,shall not be permitted to be located on or near lots with dwelling units.These junked vehicles shall be confined to junkyards; (5) No materials,supplies,appliances or equipment used or designed for use in commer- cial or industrial operations shall be stored in residential districts, nor shall any home appliances be stored outdoors in a residential district. 1460 ZONING AND SUBDIVISION REGULATIONS § 24-165 (b) The provisions of this section shall not apply to storage, on a temporary basis, of materials, equipment or appliances to be used for or in construction of a building on the premises in conformity with the terms of this article. (Ord.No. 90-82-74, § 2(111,H, 11), 7-26-82) Cross reference—Stopping,standing and parking generally, § 21-16 et seq. Sec. 24-164. Swimming pools. No swimming pool or family pool shall be so located,designed,operated,or maintained as to interfere with the rights of the adjoining properties. (1) Lights: Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect light away from adjoining premises. (2) Setbacks:The following setbacks shall be maintained: a. Minimum front setback, shall be the same as requirements for a residence located on the parcel where the pool is to be constructed,provided,that in no case is the pool to be located closer to a front line than the main or principal building is located; b. Minimum side setback, shall conform to the minimum side yard requirement of the district in which it is located; c. Minimum rear setback,shall be not less than eight(8)feet from the rear lot line. (3) Fences:All swimming pools shall be enclosed by a fence wall or equivalent barrier at least four(4)feet high. (Ord.No. 90-82-74, § 2(III,H, 12), 7-26-82) Cross reference—Swimming pool code, § 6-91 et seq. Sec. 24-165. Service stations. The following regulations shall apply to the location, design,construction,operation and maintenance of service stations: (1) Lot dimensions. A service station lot 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. (2) Access to site Vehicular entrances or exits at an automobile service station shall: a. Not be provided with more than two(2)curb cuts for the first one hundred(100) feet of street frontage or fraction thereof; b. Contain an access width along the curbline of the street of not more than forty (40) feet as measured parallel to the street at its narrowest point, and not be 1461 § 24-165 ATLANTIC BEACH CODE 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 intersec- tion on a local street or closer than ten(10)feet from adjoining property; c. 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. (3) Location of pumps and structures. No main or accessory building,no sign of any type, and no gasoline pump shall be located within fifteen (15) feet of the lot line of any property that is residentially zoned.No gasoline pump shall be located within twenty (20)feet of any street right-of-way line; where a greater street setback line has been established,no gasoline pump shall be located within twenty(20)feet of such setback line. (4) Lighting. All lights and lighting on a service station shall be so designed and arranged so that no source of light shall be directly visible from any residential district;this provision shall not be construed to prohibit interior lighted signs. (Ord. No.90=82-74, § 2(III,H, 13), 7-26-82) Sec. 24-166. Signs. Signs shall be governed by chapter 17, Signs and Advertising Structures. (Ord.No. 90-82-74, § 2(111,H, 14), 7-26-82) Sec. 24-167. Site plan review. (a) Purpose. The purpose of this section is to establish procedures and standards for the preparation,review and approval of plans to construct,reconstruct or alter structures that do not fall under the regulatory purview of Article IV, Subdivision Regulations. (b) Procedures. The plans prepared according to the requirements presented in this section shall be submitted to the administrative official for his review and approval. Plans may be disapproved if they do not meet the intent or the requirements ofthissection and of this chapter. (c) Site plan. A site plan will be submitted to the administrative official covering the entire tract proposed for ultimate development at a scale of one (1)inch equals one hundred (100)feet,indicating existing conditions and development for an additional area,including at least three hundred (300) feet from the boundaries of the tract, or such greater distance as may be indicated by the circumstances of the case. Existing natural features shall be indi- cated on the plan, as well as existing streets, easements, utility installations, lot lines and structures, with indications as to use. The plan will show, with dimensions, a properly organized and conveniently related arrangement of buildings; off-street parking and loading facilities;internal automotive and pedestrian circulation;entrances and exits to public streets and pedestrian ways; service areas and facilities; drainage; utility connections; landscaping; r , fences, hedges and walls; exterior lighting on the premises; size, location and orientation of 1462 ZONING AND SUBDIVISION REGULATIONS § 24-170 41110 signs; and relation to all safeguards for all property surrounding the street. If it is proposed that development will progress in stages, the plan shall include the, stages and timing of development. • (d) General conditions which may be attached. In reviewing the proposed site plan, the administrative official may condition approval on specified changes in the proposal. Where conditions are attached, approval will be withheld except upon written agreement by the applicant to conform to such conditions. In particular, where the site plan indicates potential adverse effects on neighboring property, the administrative official may require rearrange- ment of the plan, increased yard width, fences,hedges or walls. (e) Walls. When a lot in any nonresidential district abuts another lot,either to a side or to the rear, in a residential district, there shall be a louvered or solid masonry wall, or wood fence or shrubbery as approved by the administrative official, a minimum of five (5) feet in height, built and maintained along the line of abutment, constructed in such a manner that there is no visibility through the wall on a horizontal plane. The wall shall run the entire length of the line of abutment; except that a wall running along a side line shall be con- structed three (3)feet in height from the setback point of the abutting residential district to the street or end of the line of abutment. The wall shall be constructed on the nonresidential property, and the height of the wall shall be measured from the final ground level of the nonresidential property,whether filled or not. (f) Lot requirements. The lot area, width and depth shall be sufficient to permit the construction of the principal and accessory buildings and paved parking areas in a design that does not interfere with the use of adjacent properties and which encourages safe and efficient vehicular ingress and egress to the adjacent street system while complying with the maxi- mum lot coverage and parking requirements. (Ord. No. 90-82-74, § 2(III, H, 15), 7-26-82) Sec. 24-168. Temporary construction offices. Notwithstanding any other provisions of this chapter, a mobile home may be used as a temporary field office outside of a mobile home park after obtaining a permit for a period of time not to exceed six(6)months, at which time the permit may be renewed. A mobile home may be placed on public property within the city for the purpose of protecting such property, when approved by the city commission during a regular meeting,and providing that all other sections of this chapter are met when applicable to the location: (Ord. No. 90-82-74, § 2(111, H, 16), 7-26-82) Sec. 24-169. Tree removal or damage. The removal or damage of a three(3)shall be governed by article II of chapter 23. (Ord. No. 90-82-74, § 2(III, H, 17), 7-26-82) Sec. 24-170. Utility structures. Structures or uses required for public utilities such as gas, water, electric, sewage or 1463 § 24-170 ATLANTIC BEACH CODE telephone can be located within any district upon recommendation of the planning agency and approval of the city commission. (Ord. No. 90-82-74, § 2(III, H, 18), 7-26-82) Cross reference—Utilities generally,Ch. 22. Secs. 24-171-24-185. Reserved. ARTICLE IV. SUBDIVISION REGULATIONS* DIVISION 1. GENERALLY Sec. 24-186. Purpose and intent. The public health, safety, comfort and welfare require the harmonious, orderly and progressive development of land. The subdivision of land is a vital step in the urbanization process and the progress of the community's development. Once land has been shaped into lots,blocks and streets, correction of defects is costly and difficult. Substantial public respon- sibility is created by each new subdivision, involving the maintenance of streets, drainage, utilities and other health facilities and the provision of additional public services. As the general welfare, health, safety and convenience of the community are thereby directly af- fected by the use of land as a subdivision,it is in the interest of the public that subdivisions be designed and developed in accordance with sound rules and proper minimum standards. The purpose and intent of this article is as follows: (1) To establish reasonable and equitable standards of subdivision design and procedures for the subdivision of land that will encourage stable communities and the creation of healthy living environments which preserve the natural beauty and topography and ensure appropriate development with regard to these natural features; (2) To ensure that public facilities and utilities are available and will have a sufficient capability and capacity to service land developments and their occupants; (3) To present traffic hazards and to require the provision of safe and convenient vehicu- lar and pedestrian traffic circulation in land developments,having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location widths and design of streets; (4) To coordinate the furnishing and establishment of streets, drainage and utilities in an orderly planned manner to ensure protection of the environment and promotion of the general welfare; (5) To increase safety from fire,flood and other danger; (6) To provide for adequate light, air privacy, and to prevent overcrowding of the land and undue congestion of the population; *State law reference—Platting,F.S. § 177.011 et seq. 1464 ZONING AND SUBDIVISION REGULATIONS § 24-188 (7) To ensure proper legal descriptions and monumenting of subdivided land; (8) To prevent or reduce the pollution of air, streams and ponds; to assure the adequacy of drainage facilities;to safeguard the water table;and to encourage the wise use and management of natural resources throughout the jurisdiction of the city in order to preserve the integrity, stability and beauty of the community and the natural value of the land; (9) To provide for open spaces and recreational areas through the most efficient design and layout of the land; (10) To guide the future growth and development of the city, in accordance with the comprehensive plan and article III of this chapter. (Ord. No. 90-82-74, § 2(W, A, 1), 7-26-82) Sec. 24-187. Waiver. (a) General. Where the city commission finds that undue hardship to unreasonable prac- tical difficulties may result from strict compliance with this article, the city commission may approve a waiver to the requirements of this article if the waiver serves the public interest. (b) Conditions of waiver. An applicant seeking a waiver will submit to the city commis- sion a written request for the waiver stating the reasons for the waiver and the facts which support the waiver. The city commission shall not approve a waiver unless it determines as follows: (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the applicant if the strict letter of the article is carried out; (2) The granting of the waiver will not be injurious to the other adjacent property; (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other prop- erty and do not result from actions of the applicant; (4) The waiver is consistent with the intent and purpose of article III of this chapter,the comprehensive plan and the requirements of this article. If the city commission approves a waiver, the city commission may attach such conditions to the waiver as will assure that the waiver will comply with the intent and purpose of this article. (Ord. No. 90-82-74, § 2(IV, A, 2), 7-26-82) Sec. 24-188. Resubdivision of land. (a) Procedure for resubdivision. For any change in a map of an approved or recorded 110 subdivision plat, if the change affects any street layout shown on such a map, or any area reserved thereon for public use, or any lot line, or if it affects any map or plan legally 1465 § 24-188 ATLANTIC BEACH CODE established prior to the adoption of any regulations controlling subdivisions, the parcel shall 111 be approved by the city commission by the same procedure, rules and regulations as for a subdivision. (b) Procedure for subdivisions where future resubdivision is indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one(1)or more lots containing more than one(1)acre of land and there are indications that the lots will eventually be resubdivided into small building sites, the city commission may require the allowance for future opening of streets and the ultimate extension of adjacent streets on that parcel of land. Easements providing for the future opening and extension of the streets may be made a requirement of the plat. (c) Combination or recombination of previously platted lots. No combination or recombina- tion of portions of previously platted lots is permitted when new parcels or residual parcels smaller than any of the original lots are created,unless otherwise permitted under townhouse regulations. (Ord. No. 90-82-74, § 2(IV,A, 3), 7-26-82; Ord.No. 90-83-82, § 1, 12-12-83) Sec. 24-189. Vacation of plats. An applicant may apply for the vacation of any plat or any part of any plat at any time before the sale of any lot therein,by a written instrument,to which a copy of the plat shall be 1111 attached, requesting the same to be vacated. (Ord. No. 90-82-74, § 2(IV, A, 3), 7-26-82; Ord. No. 90-83-82, § 1, 12-12-83) Secs. 24-190-24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. It shall be unlawful for any person to submit a plat for the subdivision of land to the clerk of the circuit court of the county or his representative for the purpose of recording the plat in the office of the clerk until the plat has been approved by the city commission under the provisions of this article and signed by the mayor. If an unapproved plat is recorded, it shall be stricken from the public records upon the adoption of an appropriate resolution by the city commission. No changes, erasures, modifications or revisions shall be made in any plat approval by the city commission without the consent of the city commission. (Ord. No. 90-82-74, § 2(IV, B, 1), 7-26-82) Sec. 24-202. Plat review procedure. There are three (3) stages of review for plat approval: the concept plan review, the preliminary plat review, and the final plat approval. The administrative official shall check each stage of review for consistency with the comprehensive plan and article III of this 1466 ZONING AND SUBDIVISION REGULATIONS § 24-203 41) chapter. No subdivision application can proceed to the next stage until it is consistent with the adopted comprehensive plan and article III of this chapter. (1) Stage 1. Concept plan review. This stage allows the developer to discuss the concept with the administrative official and other city personnel before incurring the costs of professional services. This assistance should facilitate the preparation and review of the preliminary and final plat. (2) Stage 2. Preliminary plat review. This stage starts the formal review process and requires professional services for accurate presentation of technical data and prelim- inary engineering drawings in such a manner as to allow review and evaluation of the proposed development and its impact upon both the site and surrounding areas. (3) Stage 3. Final plat approval. Following preliminary plat approval, this is the final stage before recording a plat.The final plat may be approved by the city commission after construction of required subdivision improvements or by providing the city commission security that the required improvements shall be constructed. Construc- tion plans and specifications must be approved and construction must be completed and accepted by the city commission before the final plat is recorded unless the assurances are provided by the applicant. (Ord. No. 90-82-74, § 2(N,B,2), 7-26-82) Sec. 24-203. Concept plan;submittals and review process. (a) Required submittals. (1) A statement by the developer describing the development proposal including:Title of the proposed development; legal description; approximate acreage to be subdivided; current zoning;total number of lots; minimum lot size;_name; address and telephone number of owner and his representative. (2) A location map, drawn to scale, showing the relationship of the proposed subdivision to surrounding development. This map can be drawn at a small scale and is prefera- bly located on the same sheet with the concept plan. (3) A concept plan drawn at a scale of one (1) inch equals one hundred (100) feet containing: The width of proposed street right-of-way; preliminary lot layout with approximate dimensions shown; the name and right-of-way width of all existing streets which•abut the proposed subdivision, existing easements on the property; soil types as available from the soil survey,general topography as available and showing natural features such as lakes, marshes or swamps, watercourses, flood-prone areas and other pertinent features. (4) Four (4) copies of the required submittals shall be. submitted to the administrative official for review by appropriate personnel. 110 (b) Review process. Upon receipt of required copies of the specified concept plan submit- tals, the administrative official will distribute a copy to the affected personnel, official or 1467 § 24-203 ATLANTIC BEACH CODE agency for technical review and comment.The administrative official shall make his required review with respect to the comprehensive plan and article III of this chapter and comments from other technical specialists.The concept plan will not be approved or denied at this stage. The administrative official will prepare a written statement advising he applicant of issues, problems or shortcomings that should be addressed in the preliminary plat submission and will transmit this statement to the applicant within a reasonable period of time. (c) Fees. There is no required fee for this stage of review. (d) Time limit. The comments provided in the review process for the concept plan will automatically lapse if a preliminary plat is not submitted for the subject subdivision within six(6)months of the date of the statement from the administrative official. (Ord. No. 90-82-74, § 2(W, B, 3), 7-26-82) Sec. 24-204. Preliminary plat;submittals and review process. (a) Required submittals. (1) General. Applications for formal plat review shall be made by submitting four (4) copies of the preliminary plat to the administrative official. The preliminary plat shall be drawn at the scale of one(1)inch equals one hundred(100)feet, designed in conformity with the design standards established in this article and containing the following information: a. Title block. The title or name of the proposed subdivision and the name and address of the owner of the tract proposed for development, and the name and address of the engineer and surveyor engaged to prepare and design the prelimi- nary plat; b. Legend. Date, scale of plat, north arrow,current zoning,total number of lots and minimum lot size; c. Legal description. A full and detailed legal description of the tract to be platted and its approximate acreage; d. Vicinity map. A vicinity map, at scale, showing the proposed subdivision in relation to the abutting land uses and streets; e. Abutting subdivisions. All contiguous properties shall be identified by subdivi- sion title,plat book and page or, if unplatted,the land shall be so designated; f. Streets. The location, name and right-of-way and pavement width, both on and immediately contiguous to the subdivision tract, shall be shown; g. Public open space and easements. Existing parklands, lakes and waterways within the tract to be subdivided shall be shown. Existing public and private easements shall be shown on the plat. The purpose for the easement shall be indicated; h. Parks and recreation dedication. Land to be dedicated per the requirements of this article shall be shown and its approximate acreage indicated; i. Dedications and reservations. All parcels of land proposed to be dedicated or 11110 reserved for public use, such as roads, easements, parks, sidewalks, bike or 1468 ZONING AND SUBDIVISION REGULATIONS § 24-204 • pedestrian trails shall be indicated on the plat.Proposed rights-of-way and street names shall be indicated; j. Lot lines and lot numbers. The proposed lot lines, with approximate dimensions and lot numbers, shall be shown; k. Topography. Contour intervals, of one (1) foot, except where determined to be . unreasonable by the administrative official. (2) Preliminary engineering drawings. Preliminary engineering drawings shall be sub- mitted in four(4)copies to the administrative official and show the following: a. Water system lines and support facilities; b. Sewer system lines and support facilities; c. Storm water and drainage facilities, easements and other features; d. Bulkheads; e. Street profiles; f. Sidewalks,bicycle paths and pedestrian paths; g. Excavation and fill areas. Preliminary engineering drawings must be approved by the administrative official prior to submitting final construction plans and specifications. (b) Review process. Upon receipt of the preliminary plat by the administrative official, the subdivision will be put on the agenda of the next meeting of the city commission. The city commission will refer the preliminary plat to the planning agency for its review and recom- mendation. The administrative official will make available to the planning agency all perti- nent information concerning the preliminary plat including comments from affected person- nel,official or<agency.The planning agency shall make a recommendation to the city commission to approve the application, disapprove the application or approve the application subject to • specified changes based on a consideration of the requirements of this article and other applicable=policies, ordinances, laws and regulations and the conditions which affect develop- ment within the vicinity of the tract. (c) Fees. The city commission will establish a fee schedule deemed necessary to reimburse the city for the cost incurred in reviewing preliminary plats. (d) Time limit. An approved preliminary plat shall be valid for twelve(12)months. If the applicant has not obtained a construction permit, been granted an extension by the city commission, or received final plat approval within twelve (12) months of preliminary plat approval, the preliminary plat approval shall automatically be revoked, and the applicant must reapply under the provisions of this article. (e) Construction plan and specification review. Upon approval of the preliminary plat by the city commission and approval of the preliminary engineering drawings by the administra- tive official, final construction plans and specifications may be submitted for approval. Con- struction plans and specifications must be submitted to the administrative official and ap- proved prior to the issuance of a construction permit.It is unlawful to construct any improvement without a construction permit. (Ord. No. 90-82-74, § 2(IV, B,4), 7-26-82) 1469 § 24-205 ATLANTIC BEACH CODE Sec. 24-205. Final plat;submittals and review process. (a) Required submittals. (1) Final plat. Four (4) copies of the final plat shall be submitted for approval to the administrative official and shall be designated in conformity with the design stand- ards and requirements established in this article,and in the requirements of F.S.Ch. 177,as amended, and shall be in conformity with the approved preliminary plat.The final plat shall be prepared by a surveyor and is to be clearly and legibly drawn in black permanent drawing ink on tracing cloth or approved equal as required for filing for record in the county. Where necessary, the plat may be on several sheets and each sheet shall contain an index delineating that portion of the subdivision shown on that sheet in relation to the entire subdivision. The final plat shall be at a scale of one (1) inch equals one hundred(100)feet, and be in the same format as the preliminary plat.The final plat shall contain sufficient data to readily determine and accurately locate on the ground the location,bearing and length of every right-of-way line, lot line, easement boundary line and black line, including the radii, arcs and central angles of all curves. In addition, the following shall be included in the submission: a. Title certification and real estate taxes. There shall be on the final-plat a certifica- tion by a title opinion of an attorney-at-law licensed in the state or a certification by an abstractor or a title company showing that the apparent record title to the land as described and shown on the plat is in the name of the person executing the dedication,if any, as it is shown on the plat and,if the plat does not contain a dedication, that the developer has apparent record title to the land:The title opinion or certification shall also show all mortgages not satisfied or released of record in accordance with F.S. § 177.041, and a certificate from the developer's attorney, abstract company or the tax collector that all taxes due and payable at or prior to the time the application for final approval or acceptance is filed have been paid. b. Construction plans and specifications. There shall be submitted construction plans and specifications if a certificate of completion has not been issued for all improvements prior to final plat approval under the provisions of this article. c. Assurance for completion. There shall be submitted security for performance of construction,as provided in this article,if a certificate of completion has not been issued. d. Certificate of completion. A certificate of completion shall be submitted, if a request for construction prior to final platting has been granted under the provisions of this article. e. Assurance for maintenance. There shall be submitted security for maintenance, meeting the requirements of this article, if a certificate of completion has been issued. f. Certificate of surveyor. A certification shall be submitted of the plat by a profes- sional land surveyor registered in the state. g. Dedication of improvements. All public improvements or property designated for public purpose on any approved final plat, including but not limited to, all 1470 ZONING AND SUBDIVISION REGULATIONS § 24-206 110 streets, alleys, easements, rights-of-way, parks and public areas, shall be ex- pressly dedicated on the face of the final plat by the owner. In addition,the final plat shall contain a statement of dedication to the city, other appropriate gov- ernment units or public utilities for all water lines, sewer lines, pumping sta- tions and appurtenances located within the tract prior to recording. (b) Review process. (1) Submitting for review. Four (4) copies of the final plat shall be submitted to the administrative official with the documents specified in this article at least thirty(30) days prior to the meeting of the city commission at which the final plat is to be submitted for review and recommendation. (2) Approval as disapproval by city commission. Upon receipt of the information, the administrative official will schedule the subdivision on the agenda of the city com- mission and transmit copies to affected personnel, official or agency for technical review.The administrative official shall forward all pertinent information to the city commission for its consideration. The city commission, after considering all com- ments shall approve, disapprove or approve subject to specified conditions the final plat for recording, based upon compliance with the required certifications and secu- rity requirements and with the other requirements and provisions of this article and 4111 other applicable policies, ordinances, laws and regulations. (3) Signing, recording, acceptance. Upon approval by the city commission, said final plat shall be signed by the mayor and entitled to be recorded under the applicable provisions of F.S. Ch. 177.Acceptance of the final plat shall be deemed acceptance by the city of said public improvements and public areas dedicated to the city. The acceptance of dedications for public purpose shall be affixed to the face of the plat. (c) Fees. The city commission will establish a fee schedule deemed necessary to reimburse the city for the cost incurred in reviewing final plats. (Ord. No. 90-82-74, § 2(N, B, 5), 7-26-82) Sec. 24-206. Construction plans,specifications and permits. (a) Intent. An applicant must obtain a single construction permit from the administrative official for the construction of all subdivision improvements.After approval of the preliminary plat by the city commission and after the construction plans and specifications have been approved by the administrative official, the applicant may apply for a construction permit under either of the following procedures: (1) Construction before final plat approval. The applicant may submit construction plans and specifications, as required in this article for required subdivision improvements, prior to final plat approval. A title certification shall accompany such plans and specifications. Once the improvements covered under this permit are completed, a certificate of completion shall be required prior to final plat approval. (2) Construction after final plat approval. The applicant may submit construction plans and specifications, as required in this article for subdivision improvements, after the 1471 § 24-206 ATLANTIC BEACH CODE final plat is approved if performance bonds or other assurances are secured. The plans and specifications shall provide security required for the performance of such construction. Once the improvements are completed, a certificate of completion will be issued, and a maintenance bond will be submitted, as required in this article. OS) Required submittals. The applicant requesting a permit under either of the above procedures shall furnish to the administrative official the construction plans and specifica- tions designed in accordance with the requirements of this article for the construction of roads, sidewalks, bikeways, drainage and water management facilities, utilities, lot filling and other improvements as required by this article, including a master drainage map and subsoil investigation report. All construction plans and specifications must be designed, signed and sealed by a.professional'engineer who is:registered in the state. The administra- tive official shall review plans and specifications for .conformity with the design of the preliminary plat, the construction specification requirements of this article and any other applicable policy, ordinance,law or regulation. (c) Sewer and water commitment. If a subdivision is to'be furnished public'sewer and/or water by.a public or private utility, the applicant shall provide the administrative official with written confirmation that the utility has approved the plans and specifications for the sewer and/or water system in the subdivision. (d) City commission action. After the review, the administrative official shall furnish all the staff recommendations to the city commission with the plans and specifications. The city commission shall approve, disapprove or approve subject to specified conditions the construc- tion plans and specifications basednn the requirements of this article. (e) Certificationof:permanent:reference marker location. Prior to the issuance of a•cm- struction permit, the applicantishall submit to the administrative official a certificate from.a professionalland surveyor registered in the state that a concrete permanent reference marker has been located;in the public right-of-way at a corner point of the subdivision near the entranceway of the proposed subdivision.The permanent reference mai?kershallteidentified on the plat of the subdivision as the master survey point for the subdivision and shall be used to establish the grade level for all improvements in the subdivision. (f) Issuance of a construction permit. After approval by the city commission, the adminis- trative official shall issue a construction permit for the construction of the improvements in conformity with the approved plans and specifications, the preliminary plat or final plat and the requirements of this article. The construction permit must be posted by the applicant in a conspicuous place in the open at the construction site. (g) Term of construction permit and revocation. A construction permit issued under this section shall be void if construction does not commence within thirty(30)days.A construction permit shall expire one(1)year from the date of its issuance.The failure to complete construc- tion of the improvements within one (1) year shall automatically revoke the construction permit unless the city commission grants an extension of such permit if good cause is demonstrated in the applicant's written request for such an extension. (h) Unlawful to construct without a construction permit. It shall be unlawful for any person to construct any improvement or any part of an improvement within the tract of a 1472 ZONING AND SUBDIVISION REGULATIONS § 24-221 4110 subdivision without a valid construction permit issued for such construction under the provi- sions of this article. Any person found guilty of violating this section by constructing an improvement or any part of an improvement within the tract of a subdivision without a valid;. construction permit shall be guilty of a misdemeanor. (Orad_No.90-82=74, §:'2(IV, B, 6),'7-26=82): Secs. 24-207-24-220. Reserved. DIVISION 3. REQUIRED IMPROVEMENTS Sec. 24-221. Generally. Each subdivision shall contain improvements,designed and constructed according to the requirements and specifications of this article and applicable policies, regulations and ordi- nances of the city and the laws of the state. The following services and facilities are required improvements within subdivisions: (1) Streets designed and constructed for public use according to the standards and requirements of this article; (2) Sidewalks designed and constructed for public use according to the standards and 410 requirements of this article; (3) Approved street signs, markers, traffic signs and signals to control and circulate traffic within the street pattern within the subdivision in accordance with the Flor- ida Uniform Manual of Traffic Control Devices,published by the state department of transportation; (4) Drainage and water management facilities designed and constructed according to the standards and requirements of this article. The term"drainage," where appropriate, shall include, but not be limited to, swales, ditches, storm sewers, seepage basins, culverts,sidedrains, retention or detention basins, crossdrains and canals; (5) A sanitary sewerage system or an approved individual sewage disposal system in the absence of access to a central sewerage system, based on the requirements of the state bureau of sanitary engineering covering the sanitary facilities for subdivisions, the provisions of this article or other applicable policies,laws,ordinances and regulations; (6) A water system, unless an individual water supply is permitted within the tract, based upon the required standards of the state bureau of sanitary engineering, the provisions of this article and other applicable policies,laws,ordinances and regulations; (7) Parks and recreation dedication, as specified in this article; (8) Electricity,telephone, gas and other utilities to be constructed underground; (9) Such other improvements as deemed necessary to comply with the requirements of this article and to protect the public health,safety and welfare because of topography 410 or other conditions of the tract. (Ord. No. 90-82-74, § 2(IV, C, 1), 7-26-82) 1473 § 24-222 ATLANTIC BEACH CODE Sec. 24-222. Planned unit developments (PVDs). The development of a subdivision as a planned unit development(PUD)under the zoning regulations shall be in conformity with the zoning regulations and the final development plan for a planned unit development.The city commission shall have the right to waive or vary the design, dedication and construction requirements of such a planned unit development from any of the provisions of this article if the proposed final development plan is in conformity with the requirements of the zoning regulations for a planned unit development and provided that: (1) Such waiver does not violate the purpose and intent of any requirement of this article for the protection of the public health, safety and welfare in the subdivision of land; (2) All procedures specified in this article for the approval of a final plat for recording or the issuance of a certificate of completion,as the case may be, are strictly adhered to; and (3) All exhibits,certificates and information,required in this article for the approval of a preliminary and final plat and the issuance of a certificate of completion, are strictly adhered to under the applicable specified procedure. (Ord. No. 90-82-74, § 2(IV, C, 2), 7-26-82) Secs. 24-223-24-230. Reserved. 4110 DIVISION 4. ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS Sec. 24-231. Commencement of construction. Construction of the required improvements within a subdivision can begin upon issuance of a construction permit. Such construction can commence prior to recording the final plat or after recording the final plat if performance bonds or other assurances are secured. (Ord. No. 90-82-74, § 2(IV, D, 1), 7-26-82) • Sec. 24-232. Performance security. (a) The final plat shall be certified by the developer and countersigned by the administra- tive official that the developer has complied with one of the following alternatives: (1) Completion of improvements prior to recording of plat. If the developer exercises the right to construct and complete required improvements prior to approval of the final plat, the city shall automatically become vested with the right to enter upon the property to be platted for purposes of inspecting the construction of improvements during the progress of the construction.The developer's engineer shall,upon comple- tion of the entire work on one (1) or more units of the subdivision, furnish the administrative official with a written certificate of the completion accompanied by 1474 ZONING AND SUBDIVISION REGULATIONS § 24-232 the records and data as prescribed in this article. If the administrative official shall find that the completion of all required improvements complies with this section,the final plat shall be approved. (2) Cash deposit. The developer shall deposit with the city or place in an account subject to the control of the city,cash in the full amount of the total sum of engineering and construction costs for the installation and completion of the required improvements. The developer shall be entitled to secure draws from such deposits or account as installation progresses at stages of construction established by the administrative official but not more frequently than monthly. A draw from the cash deposit or account shall be made only within thirty(30)days after the developer's engineer has certified to the city that the cost of improvements installed equals or exceeds the amount of the draw requested plus any previous draws made and theadministrative official has inspected the improvements and authorized the draw.The administrative official shall have the right to reduce the amount of any requested draw to an amount he feels is justified based upon his inspection of the improvements and shall also have the right to refuse to approve any requested draw so long as the developer fails to be in compliance with any of the terms and conditions of the plat or plans and specifica- tions for the improvements. The developer shall be entitled to receive any interest earned on the deposit or account.The city, after sixty(60)days' written notice to the developer,shall have the right to use the cash deposit or account for the completion of the improvements in the event of default by the developer or failure of the developer ) to complete the improvements within the time required by the ordinance approving the final plat after any extensions granted by the administrative official. (3) Personal bond with letter of credit The developer shall furnish to the city his personal bond secured by an unconditional and irrevocable letter of credit in an amount equal to the total of engineering and construction costs for the installation and completion of the required improvements, which letter of credit shall be issued by a state or United States banking institution to the city.The letter of credit shall be in the form approved by the city attorney.During the process of construction,the administrative official may reduce the dollar amount of the personal bond and letter of credit on the basis of work completed.The city,after sixty(60)days'written notice to the develop- er, shall have the right to use any funds resulting from drafts on the letter of credit for the completion of the improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by the ordinance approving the final plat or any extensions granted by the administra- tive official. (4) Surety bond. The developer shall furnish to the city a surety bond in the form and by a surety approved by the city attorney guaranteeing that within the time required by the ordinance approving the final plat all work required will be completed in full accordance with the final plat and all conditions attached thereto, copies of which shall be attached to and constitute a part of the bond agreement.The bond shall be in an amount equal to one hundred (100) percent of the sum of engineering and con- - struction costs. During the process of construction, the administrative official may 1475 . 4 § 24-232 ATLANTIC BEACH CODE r reduce the dollar amount of the bond on the basis of work completed. The city,after sixty(60)days'written notice to the developer,shall have the right to bring action or suit on the surety bond for the completion of the improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by the ordinance approving the final plat or any extensions by the administrative official. (b) A developer may extend, renew or substitute collateral described in paragraphs (2), (3), or (4) above one (1) or more times; provided, that no extension or renewal thereof, or substitute therefor shall have a maturity or expiration date later than the time for completion of improvements. The time for completion of improvements shall be a time specified in the ordinance approving the plat, or such later time as may be approved by the administrative official;provided,that if the collateral securing the completion of improvements has a matu- rity or expiration date shorter than the time for completion, the time for completion shall be deemed to expire upon failure of the developer to extend, renew or provide substitute collat- eral for such collateral at least ten(10)days before the maturity or expiration date,unless a later time is approved by the administrative official. (Ord. No. 90-82-74, § 2(IV,D,2),7-26-82) Sec. 24-233. Maintenance security. Where the city is requested to accept maintenance of public improvements in the subdivi- sion, a maintenance bond in the amount of ten (10) percent of the construction cost of the improvements shall be filed with the city. This bond shall provide that the city shall be indemnified if the applicant does not replace or repair any public improvements which are defective in materials or workmanship or which were not constructed in compliance with the approved plans and specifications. The terms of the maintenance bond shall expire two (2) years after acceptance for maintenance by the city unless the city serves written notice to the applicant that the improvements are defective in material or workmanship or were not constructed in compliance with the approved plans and specifications within the two(2)years. (Ord. No. 90-82-74, § 2(IV,D, 3), 7-26-82) Sec. 24-234. Inspections. (a) As the improvements are being constructed within the subdivision, the administra- tive official and/or authorized staff or consulting engineer shall have the right and privilege to inspect the improvements. The administrative official or his authorized representative shall be specifically notified of the commencement and completion of: (1) Clearing and grubbing; (2) All utilities prior to backfilling; (3) All concrete structures when steel is in place prior to pouring; (4) Stabilized subgrade; (5) Curb and concrete work; (6) Roadway base; (7) Wearing surface during application. 1476 ZONING AND SUBDIVISION REGULATIONS § 24-251 • (b) The failure to notify the administrative official or his designated representative of the commencement and completion of the construction of the items may be good cause for the administrative official to refuse to issue a certificate of completion. (Ord. No. 90-82-74, § 2(IV, D, 4), 7-26-82) Sec. 24-235. Issuance of certificate of completion. Upon completion of construction of the improvements, the applicant shall provide the administrative official the following: (1) A letter stipulating that the construction of the improvements has been completed and requesting final inspection and approval. (2) The testing reports and certificates of compliance from material supppliers specified in this article. (3) Two(2)sets of as-built construction plans. (4) Certification from a registered engineer,with his seal affixed,that the improvements have been constructed in conformity with the approved construction plans and specifications. • Upon receipt and review of the above items, and after satisfactory final inspection, a certifi- cate of completion shall be issued by the administrative official. (Ord. No. 90-82-74, § 2(IV, D, 5), 7-26-82) Secs. 24-236-24-250. Reserved. DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS Sec. 24-251. General requirements. A Florida registered professional engineer shall be employed to design all required improvements. All plans for improvements must be prepared according to appropriate stand- ards and be approved by the city prior to construction of improvements. (1) Conformity to city policies. The subdivision of land subject to these regulations shall be in conformance with the goals, objectives and policies of the comprehensive plan and article III of this chapter and other policies of the city commission concerning physical development. (2) Use of natural features. The arrangement of lots and blocks and the street system shall make the most advantageous use of topography and preserve mature trees and other natural features wherever possible. 4110 (3) Soil and flood hazards. A subdivision plan shall not be approved unless all land intended for use as building sites can be used safely for building purposes without 1477 § 24-251 ATLANTIC BEACH CODE danger from flood or other inundation or from soil or foundation conditions or from any other menace to health, safety or public welfare. In particular, lands which are within the one hundred(100)year flood-prone areas,as shown on the floodway map of the Federal Emergency Management Agency, Federal Insurance Administration, shall not be subdivided and developed until proper provisions are made for protective flood control measures and water management facilities necessary for flood-free access to the sites. The provisions must be approved by the administrative official to assure that fill or grade level changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse water quality. Such floodway area shall be delineated on the subdivision plan and no building will be permitted within the area unless the finished floor line of the building is set above the delineated flood area or the building is floodproofed as stipulated in Appendices M and H of the Southern Standard Building Code, as amended. (4) General construction methods. All design and construction methods shall conform to the following manuals published by the Florida Department of Transportation,latest editions, and shall serve as reference guides and standards of construction of all improvements. The manuals shall be used by the administrative official as the engineering standard for making inspections, approving items of construction and approving construction plans and specifications. Florida Department of Subject Transportation Manual Drainage design "Drainage Manual" Construction techniques "Standard Specifications for Road and Bridge Construction" Road design standards "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways 1976" (5) Construction plans and specifications, general. All constructive plans and specifica- tions shall include a topographic map showing not less than one (1) foot contours of the subdivision tract and the adjacent land necessary to show the area of final disposal of surface water. The plans and specifications shall also contain the follow- ing information: a. A street layout plan showing all necessary elevations,treatment of intersections, design grade of pavement, the width and type of pavement and details showing the final disposal of all street drainage. Sufficient topographic information shall be shown on existing outfall ditches, major drainage channels and other drain- age facilities to validate drainage designs. b. Typical sections showing details of proposed pavements, sidewalks, wearing surfaces, curbs, swales, canals, shoulders, slopes, drainage structures and other items of major construction. c. Profile sheets of all streets to be constructed,together with elevations shown for 41110 connection to existing streets. 1478 ZONING AND SUBDIVISION REGULATIONS § 24-252 d. A written design recommendation for base course designs prepared by a recog- nized soil testing laboratory. Said design recommendation shall be submitted prior to the commencement of any street or drainage construction. (Ord. No. 90-82-74, § 2(1V, E, 1), 7-26-82) Sec. 24-252. Streets. (a) Concept and principles. The character, width, grade and location of all streets and bridges shall conform to the standards of this division and shall be considered in their relation to existing and planned streets,to topographical conditions,to public convenience and safety, and in their appropriate relation to the proposed uses of the land served by the streets. (b) Arrangement of streets. The arrangement of streets in a subdivision shall: (1) Conform with official plans and maps of the city; (2) Be integrated with the street system and provide for the continuation or appropriate projection of existing principal streets in the surrounding area; (3) Be such that the use of local streets by through traffic is discouraged; and (4) Provide two(2)separate and remote entrances to the subdivision, unless other provi- sions, such as easements, are made for emergency ingress, and provided that such entrances will not adversely affect the overall street system. (c) Access to paved public streets required. Every lot or unit within a subdivision shall have approved access to a paved street dedicated to public use which has been accepted and maintained by the city unless the lots or units are within a planned unit development. (d) Reserve strips prohibited. Reserve strips controlling access to streets shall be prohib- ited except where their control is placed in the city. (e) Street jogs. Street jogs with center line offsets of less than one hundred fifty(150)feet shall be avoided, except where topographical conditions make this provision impractical. (f) Intersections of right angles. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than a sixty(60) degree angle. (g) Property lines rounded at intersections. Property lines at street intersections shall be rounded with a radius of twenty(20)feet or a greater radius where required by the city. The city may permit comparable cutoffs or chords in place of rounded corners. (h) Minimum right-of-way and paving widths. Street minimum right-of-way and paving widths shall be as follows, unless otherwise indicated or required by law: Right-of-way Paving width Street type in feet in feet Major collector 84 34 Minor collector 60 24 1479 § 24-252 ATLANTIC BEACH CODE Right-of-way Paving width Street type in feet in feet Local: Without curb and gutter 60 20 With curb and gutter 50 24 Cul-de-sacs and loop streets not exceed- ing 1500 feet in length: Without curb and gutter 60 20 With curb and gutter 50 20 Alley: Commercial 30 12 Residential 20 10 The developer shall not be required to pave or dedicate an:arterial.street.Additional right-of- way may be required by the city to promote public safety and convenience, or to ensure adequate access,circulation and parking in high density residential,commercial or industrial area. Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way in conformance with the above standards shall be required for new subdivisions. (i) Dead-end streets. Dead-end streets, designed to be so permanently, shall be prohibited except when designed as cul-de-sacs. The streets are limited to one thousand (1,000) feet in length;however,the city may approve cul-de-sacs of greater lengths,where due to topographic conditions, design consideration of number of lots to be located on the same, a greater length may be deemed necessary. Cul-de-sacs shall be provided at the closed end with a circular dedicated area with a diameter of not less than one hundred (100) feet at the property line. The city may permit a"Y" or"T" design of proper size for vehicular turnaround. Temporary turnarounds shall be provided at ends of streets which are planned to be extended in the later stages of the subdivision. (j) Street names and house numbers. Street names and house numbers shall conform to the street naming and house numbering plan of the city. New street names shall not dupli- cate, or closely approximate phonetically, in spelling or by use of alternate suffixes such as "lane", "way", "drive", "court", "avenue" or "street", the names of existing streets, except that a new street that is an extension of or in alignment with an existing street shall bear the same name as that borne by the existing street. The administrative official shall, within ten (10)days of conditional approval of the preliminary plat, assign or cause assignment of house numbers on all lots. (Ord. No. 90-82-74, § 2(W,E, 2), 7-26-82) Sec. 24-253. Easements. (a) Utilities. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary, shall be at least fifteen (15) feet wide and shall extend from street to street. 1480 ZONING AND SUBDIVISION REGULATIONS § 24-255 41) (b) Drainage, watercourses. Where a subdivision is traversed by a watercourse, canal, drainageway, nonnavigable channel or stream, there shall be provided a storm water ease- ment or drainage right-of-way conforming substantially with the lines of the watercourse,and such further width or construction,or both, aswill be adequate for the purpose. (c) Other drainage easements. Other easements may be required for drainage purposes of such size andlocation as may be determined by the administrative official. (d) Pedestrian and service easements. Where necessary for safety and convenience,pedes- trian and service easements or rights-of-way may be provided. (e) No city expense. Easements required by these regulations within proposed subdivi- sions shall be provided at no expense to the city. (Ord. No. 90-82-74, § 2(N, E, 3), 7-26-82) Sec. 24-254. Blocks. (a) General. The lengths, widths and shapes of blocks shall be determined with due regard to: • (1) Provision of adequate building sites suitable to the special needs of the use contemplated; (2) Zoning requirements as to lot sizes and dimensions; 4110 (3) Needs for convenience access, circulation, control and safety of street and pedestrian traffic and fire protection. (b) Block lengths. Block lengths shall not exceed twelve hundred (1200) feet between intersecting streets, except that the city may approve blocks of greater length. (Ord. No. 90-82-74, § 2(IV, E,4), 7-26-82) Sec. 24-255. Lots. (a) General. The lot size, width,depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites. In no event shall a lot have a width of less than seventy-five (75) feet at the building line, nor shall it contain less than seven thousand five hundred(7,500)square feet. (b) Dimensions. Lot dimensions shall conform to the requirements of article III of this chapter, and: (1) Residential septic tanks or wells. Residential lots proposed with individual wells and/or septic tank disposal fields shall conform to the standards of the department of health, welfare and bio-environmental services of the city and the Florida Depart- ment of Health and Rehabilitative Services. 41) (2) Commercial, industrial off-street parking. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the 1481 § 24-255 ATLANTIC BEACH CODE off-street service and parking facilities required by the type of use and development contemplated. (c) Corner residential lots. Corner lots for residential use shall have extra width, greater than a corresponding interior lot, to accommodate the required building setbacks from any orientation to both streets. (d) Street access. The subdivision shall provide each lot with satisfactory and permanent access to a public street. (e) Double frontage lots. Lots having double-street frontage shall be avoided. (f) Building setback lines. The subdivider shall establish building setback lines in accord- ance with the exhibit on file in the clerk's office, and such building setback lines shall be shown on the plat. (Ord. No. 90-82-74, § 2(IV, E, 5), 7-26-82; Ord. No. 90-83-82, § 2, 12-12-83) Sec. 24256. Required improvements—Monuments. (a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of curves in streets, and at intermediate points as shall be required by the administrative official. (b) Permanent reference markers. A sufficient number of permanent reference monu- ments shall beset in each subdivision,in no case less than two(2)such monuments and in no case more than two thousand (2,000) feet apart, either within the tract or on the exterior boundaries thereof,or both,properly referenced,for both construction and future city use.The permanent reference monuments shall meet all the specifications set out in F.S. § 177.091, and as may be required by the administrative official. (c) Location; construction. The location of all permanent reference monuments shall be indicated on the final plat.All iron pipes and pins and permanent reference monuments shall be of such size, material and length as may be specified by the administrative official. (d) Lot corners. Lot corners shall be monumented with iron pipes, iron pins or permanent reference monuments. (e) Time of placement. Permanent reference monuments (PRM) and permanent control points (PCP) shall be set in accordance with F.S. § 177.091, except all monuments including lot corners must be placed before the developer is released from his surety.If no surety bond or personal bond secured by a letter of credit is posted,monuments including lot corners must be placed prior to acceptance for ownership and maintenance. Any and all land monuments including lot corners disturbed or destroyed in the prosecution of construction shall be accu- rately witnessed and replaced at the developer's expense upon the completion of construction. The administrative official may accept a certification from the developer's surveyor that the requirements of this division have been satisfied. (Ord. No. 90-82-74, § 2(IV, E, 6), 7-26-82) Sec. 24-257. Same—Clearing and grading of rights-of-way. The developer shall be required to clear all rights-of-way and to make all grades, includ • - ing all grades for streets, alleys and drainage, consistent to grades of the approved construc- 1482 ZONING AND SUBDIVISION REGULATIONS § 24-258 tion plans. All debris shall be removed from rights-of-way. In the interest of the preservation of existing trees and other natural beauty,the city may vary from this section where aesthetic and environmental conditions will be enhanced. (Ord. No. 90-82-74, § 2(IV, E, 7), 7-26-82) Sec. 24-258. Same—Sewer and water. New subdivisions shall be required to connect to the city water and sanitary sewer system; however, where the city systems are not readily available, private systems may be accepted provided they meet all requirements of necessary city, county and state authorities. (Ord. No. 90-82-74, § 2(IV, E, 8), 7-26-82) 4110 41110 [The next page is 1983] 1483 • CODE COMPARATIVE TABLE 1970 CODE This table gives the location within this Code of those sections of the 1970 Code, which are included herein. Sections of the 1970 Code not listed herein have been omitted as repealed, superseded, obsolete, or not of a general and permanent nature.For the location of ordinances adopted subsequent thereto, see the table immediately following this table. Section Section Section this Code Section this Code 1-1 1-1 4-5(d) 4-28 1-2 1-2 4-6(a) 4-1 1-3 1-3 4-6(b) 4-2 1-4 1-7 4-6(c) 4-3 1-5 1-8 4-7(a) 4-5 1-6 1-11 4-7(d) 4-6 2-1 2-41 4-7(e), (f) 4-7 2-1.2(a) 15-16 4-7(h) 4-8 2-1.2(b) 15-17 5-1 5-1 2-1.2(c) 15-18 5-2 5-2 2-1.2(d) 15-19 5-3 5-3 1111 2-1.2(f) 15-20 5-4 5-4 2-1.2(g) 15-21 5-5 5-16 2-1.3 14-22 5-6 5-17 2-2 2-16, 2-17 5-7 5-18 2-4 2-18 6-8 6-16 2-5 2-19 6-10 6-17 2-6 14-16 6-12 6-106 2-7 14-17 6-13 6-107 2-8 14-18 6-14 6-108 2-9 14-19 6-15 6-109 2-10 14-20 6-16 6-110 2-11 14-21 6-17 6-111 3-1 3-2 7-4 6-32 3-2 3-3 7-5 6-33 3-3 3-4 7-6 6-34 3-4 3-5 7-7 6-35 3-5 3-9 7-8 6-36 3-6 3-10 7-10 6-38 3-7 3-11 7-11 6-39 3-8 3-12 7-12 6-40 4-1 4-4 8-1 2-311 4-2 4-21 8-9 2-339 4-3 4-22 8-10 2-340 4-4(a) 4-23 8-14 20-16 4-4(b) 4-24 8-15 20-17 4-4(c) 4-25 8-16 20-18 ID 4-4(d) 4-26 8-17 20-19 4-4(e) 4-27 8-18 20-20 4-5(a)—(c) 4-29 9-2 7-1 1983 ATLANTIC BEACH CODE • Section Section Section this Code Section this Code 9-3 7-16 16-11 2-248 9-4 7-17 17-1 6-56 9-6 7-18 17-4 6-57 9-7 7-19 17-11 6-58 9-8 7-20 17-12 6-59 9.1-1 8-2 17-13 6-60 9.1-2 8-1 18-1 16-1 9.1-3 . 8-3 18-2(a)—(d) 16-2 9.1-4 8-6 18-2(e) 16-3 9.1-5 8-11 18-2(1) 16-8 9.1-6 8-7 18-3 16-4 9.1-7 8-8 18-4 16-5 9.1-8 8-9 18-5 16-6 9.1-9 8-5 18-8 16-9 9.1-10 8-10 18-9 16-10 9.1-11 .8-4 20-1 17-1 10-1 20-53 20-2 17-2 10-1.1 20-54 20-3 17-31 10-2 20-55 20-4(a)—(i) 17-32 10-3 20-56 20-4(j) 17-35 10-5 20-59 20-4(k) 17-33 11-1 21-1 20-5 17-34 11-3 21-36 20-6 17-3 • 11-4 21-38 20-7 17-4 11-5 21-37 20-8 17-5 11-6 21-39 20-10 17-7 11-7 21-41 20-11 17-6 11-8 21-40 20-12 17-8 12-1 11-1 20-13 17-9 12-2 11-3 20-14 17-10 12-3 11-2 20-15 17-11 12-4 11-4 20-16 17-12 12-5 11-5 20-17 17-13 12-6 11-6 20-18 17-14 12-7 11-7 20-19 17-15 12-8 11-8 20-21 17-16 12-9 11-9 20-22 17-2 12-10 11-10 20-24 17-17 14-2.1 2-317 21-1 18-1 14-7 13-2 21-2 18-17 14-16 13-1 21-3 18-18 14-17 13-3 21-4 18-19 16-4 2-241 21-5 18-20 16-5 2-242 21-6(d) 18-16 16-6 2-243 21-7 18-21 16-7 2-244 22-1 19-1 16-8 2-245 22-2 21-2 16-9 2-246 22-4 19-2 0 16-10 2-247 24-4 6-92 1984 • GD to CO N 00 CI) 0 .-1 N CO 'I 10 CO N CO 0 "0 c+? C? ma? c+? e? e? e? aO +AAV NNNNNNNNNNNNNN 43 • q 0 4.1 oN 'CP LCD CON000) o ,-, CV � � c t-!• N c c N c N ci c CV 00L CS) cq t— ooa) CDNooa) r+ C7cod4 F-t q .z 0' a' rl .-1 .-1 rl rl �--I 1-1 �l . GV N GV N O 0 o ,� ,� � c*5coc� cuc� CVNNNNN O U 0 r-1 cit CO 414 Cfl Cp cp fD CO cC N N N N N N N L� • fb CODE COMPARATIVE TABLE ORDINANCES This table gives the location within this Code of those ordinances adopted since the 1970 Code, as supplemented through October 8, 1979, which are included herein. Ordinances adopted prior to such date where incorporated into the 1970 Code. Thistable contains some ordinances which precede Octo- ber 8, 1979, but which were never included in the 1970 Code, as supplement- ed, for various reasons. Ordinances not listed herein have been omitted as repealed, superseded, or not of a general and permanent nature. Ordinance Adoption Section. Number Date. Section this.Code 47-70-1 3 1-5, 1-6 58-75-4 12-22-75 1 2-261 2 2-262 3 2-263 4 2-264 5 2-266 6 2-267 7 2-268 8 2-269 9 2-270 10 2-265 11 2-271 12 2-272 13 2-273 14 2-274 15 2-275 16 2-276 17 2-277 18 2-278 19 2-279 20 2-280 21 2-281 22 2-282 23 2-283 24 2-284 25 2-285 26 2-286 27 2-287 28 2-288 29 2-289 30 2-290 31 2-291 32 2-292 33 2-293 34 2-294 35 2-298 36 2-296 37 2-297 1987 ATLANTIC BEACH CODE Ordinance Section Number Date Section this Code 57-78-7 9-25-78 B 2-41 C 2-51 D 2-52 E 2-53 F 2-61 G 2-62 H 2-63 57-79-8 6-11-79 11.30 21-36 95-79-18 10- 8-79 2 24-160 95-80-19 2-25-80 2 13-4 3 13-5 10-80-13 4-28-80 3-1 3-1 3-2 3-2 3-3 3-3 3-4 3-4 3-5 3-5 3-7 3-7 3-8 3-8 3-9 3-9 3-10 3-10 3-11 3-11 45-80-4 9- 8-80 20-59 20-76-20-78 • 95-80-20 11-10-80 I 9-16 II 9-17 III 9-23 IV 9-18 ✓ 9-19 VI 9-20 VII 9-21, 9-25 95-80-21 12- 8-80 2 2-141-2-145 3 2-146 4 2-147 5 2-148 6 2-149 95-81-22 2- 9-81 1 2-145 95-81-23 6-26-81 1, 2 14-1 60-81-4 7-13-81 1 17-1 55-81-18 9-28-81 16-7 80-81-20 9-28-81 22-28 58-81-5 9-28-81 1 2-271 45-80-4 12-28-81 1 20-52 5-81-7 1-11-82 1 2-72 2 2-71 3 2-77 4 2-73 5 2-73 6 2-74 7 2-75 1988 CODE COMPARATIVE TABLE Ordinance Section Number, . Date Section this Code 5-82-7 1-11-82 • 8 2-76 55-82-19 3-22-82 1 22-36 2 22-37 3 22-38 4 22-39 5 22-40 55-82-20 3-22-82 1 12-1 2 12-2 3 12-3 75-82-3 4-12-82 1 21-16 2 21-17 3 21-18 4 21-19 5 21-20 6 21-21 7 21-22 8 21-23 9 21-24 10 21-25 11 21-26 95-82-25 4-26-82 1 5-5 41, 80-82-21 4-26-82 5 22-39 6-28-82 1 24-154 36-82-1 7-26-82 1 6-59 25-82-1 7-26-82 1 6-76 90-82-74 7-26-82 2(I, B) 24-1 2(I, C) 24-2 2(I, D) 24-3 2(I, G) 24-4 2(II, A) 24-16 2(II, B) 24-17 2(1II, A) 24-31 2(III, B, 2) 24-47 2(1II, B, 3) 24-48 2(1II, B, 4) 24-49 2(1II, C, 1) 24-61 2(III, C, 2) 24-62 2(III, C, 3) 24-63-24-66 24-63 2(111, V, 1) 24-46 2(III, E, 1) 24-81 2(III, E, 2) 24-82 2(III, E, 3) 24-83 2(III, E, 4) 24-84 2(111, E, 5) 24-85 2(III, F, 1) 24-101 4110 2(III, F, 2) 24-102-24-112 2(III, G, 1) 24-126-24-136 2(III, H, 1) 24-151 1989 ATLANTIC BEACH CODE •ti Ordinance Section Number Date Section this Code 2(III, H, 2) 24-152 2(III, H, 3) 24-153 2(I1I, H, 4) 24-155 2(III,H,:5) 24-156 2(1II, H, 6) 24-157 2(III, H, 7) 24-158 2(III, II, 8) 24-159 2(III, H, 9) 24-161 2(I1I,H, 10) 24-162 2(I1I,H, 11) 24-163 2(III, H, 12) 24-164 2(1II, H, 13) 24-165 2(I1I, H, 14) 24-166 2(1II, H, 15) 24-167 2( 11,H, 16) 24-168 2(11I, H, 17) 24-169 2(111, H, 18) 24-170 2(IV, A, 1) 24-186 2(W, A, 2) 24-187 2(1V, A, 3) 24-188, 24-189 2(IV, B, 1) 24-201 2(IV,B, 2) 24-202 2(IV,B, 3) 24-203 2(IV,B,4) 24-204 2(IV, B,5) 24-205 2(IV, B, 6) 24-206 2(IV, C, 1) 24-221 2(IV, C,2) 24-222 2(IV, D, 1) 24-231 2(IV, D, 2) 24-232 2(IV, D, 3) 24-233 2(IV, D, 4) 24-234 2(IV, D, 5) 24-235 2(W, E, 1) 24-251 2(IV, E, 2) 24-252 2(IV,E,3) 24-253 2(IV, E, 4) 24-254 2(IV, E, 5) 24-255 2(IV, E, 6) 24-256 2(IV, E, 7) 24-257 2(IV, E, 8) 24-258 90-82-73 7-28-82 1 3-6 34-82-1 7-28-82 1 6-37 70-82-10 9-13-82 1 20-31 2 20-32 3 20-33 4 20-34 5 20-35 6 20-36 1990 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 90-82-72 1-10-83 1 24-17 96-82-76 1-10-83 1 24-17 10-82-14 1-24-83 1 3-6 10-83-15 2-14-83 1 3-2 57-83-9 2-28-83 1 2-41 2-51-2-53 2-61-2-63 25-83-16 5- 9-83 1, 2 8-1 3 8-7 4 8-8 5 8-9 6 8-2, 8-10 15-83-5 6-27-83 Char., Art. XV (note) 90-83-80 6-27-83 I 24-17 II, III 24-46 IV 24-62 V 24-110 80-83-23 6-27-83 I(Art. I, §§ 1-26) 22-56 I(Art. II, § 1) 22-71 I(Art. II, § 2) 22-72 I(Art. II, § 3) 22-73 I(Art. II, § 4) 22-74 I(Art. III, § 1) 22-87 I(Art. III, §§ 2, 3) 22-88 I(Art. III, § 4) 22-89 I(Art. III, § 5) 22-90 I(Art. III, § 6) 22-91 I(Art. III, § 4) 22-86 I(Art. IV, § 1) 22-102 I(Art. IV, § 2) 22-103 I(Art. IV, § 3) 22-101 I(Art. IV, § 4) 22-104 I(Art. IV, § 5) 22-105 I(Art. IV, § 6) 22-106 I(Art. IV, § 7) 22-107 I(Art. IV, § 8) 22-108 I(Art. IV, § 9) 22-109 I(Art. IV, § 10) 22-110 I(Art. IV, § 11) 22-111 I(Art. V, § 1) 22-127 I(Art. V, § 2) 22-128 I(Art. V, § 3) 22-129 I(Art. V, § 4) 22-130 I(Art. V, § 5) 22-131 I(Art. V, § 6) 22-132 I(Art. V, § 7) 22-133 I(Art. V, § 8) 22-134 I(Art. V, § 9) 22-135 Supp. No. 1 1991 ATLANTIC BEACH CODE Ordinance Section Number Date Section this Code I(Art. V, § 10) 22-136 I(Art. V, § 11) 22-126 I(Art. VI, § 1) 22-57 I(Art. VII, § 1) 22-151 I(Art. VII, § 2) 22-152 I(Art. VII, § 3) 22-153 22-153 I(Art. VII, § 4) 22-154 I(Art. VIII, § 1) 22-166 22-167 I(Art. VIII, § 4) 22-169 I(Art. VIII, § 5) 22-170 22-171 22-172 22-173 22-174 22-168 22-175 I(Art. IX, § 1) 22-191 I(Art. IX, § 2) 22-192 I(Art. IX, § 3) 22-193 I(Art. IX, § 4) 22-194 I(Art. IX, § 5) 22-195 90-83-81 7-11-83 1 24-126-24-136 80-83-24 9-12-83 1 22-167 2-20 5-83-10 12-12-83 1 2-16 5-83-13 12-12-83 1 15-19 2 i5-21 90-83-82 12-12-83 1 24-188, 24-198 5-83-11 1- 9-84 1 2-356 2 2-357 3 2-358 4 2-359 5 2-360 6 2-361 7 2-362 8 2-363 9 2-364 10 2-365 11 2-366 5-83-12 2-13-84 2 2-331-2-336 2-337 4 2-338 57-84-10 4- 9-84 21-38 47-85-2 2-11-85 Adopting Ordinance, p. vii 95-85-26 2-25-85 2-141, 2-142, 2-146, 2-149, 2-151 Supp. No. 1 [The next page is 2043] 1992 CODE COMPARATIVE TABLE LAWS OF FLORIDA This table shows the location of the Laws of Florida included herein. Section Chapter Section this Code 57-11267 2-20 35 2-41 36 2-51 37 2-52 38 2-53 39 2-61 40 2-62 65 2-312 66 2-313 67 2-314 68 2-315 69 2-316 61-1863 2-313 4111 411) [The next page is 2053] 2043 41111 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. Florida Constitution Section Article Section this Code V 20(dX4) Char., § 9 Char.,§ 151 Char., § 159 F.S. Section F. S. Section Section this Code Section this Code 1.01 1-2 Ch. 14(note) 13.201 Ch. 9(note) Ch. 24(note) 23.011 Ch. 14(note) 163.3174 14-22 60.05 Ch. 12(note) Ch. 166 Charter(note) Ch. 97 Char., § 86 Char., § 4 Char.,Art. IX Char., § 9 (note) Char., § 32 97.041 Char., § 79 Char., § 34 98.041 Char., § 31 Char., Art. VIII Char., § 80 (note) 98.211 Char., § 97 Char., § 127 100.011 Char., § 87 Char., § 159 100.361 Char.,Art. XI 166.021 Char., Art. I(note) (note) Char., § 4 101.62 Char., § 85 166.021(4) Char., § 17 112.061 Ch. 2, Art.VII, 166.021(5) Char., Art. V Div. 3(note) (note) 112.65 2-285 Char.,Art. VII 112.311 Char., § 166 (note) Ch.2,Art.II(note) Char., § 7 Ch. 119 Char., § 16 Char., § 32 Char., § 165 Char., § 34 Ch. 2(note) 166.032 Char., § 79 Ch. 161 Ch. 5(note) 166.041 Char., § 17 Ch. 162 Ch. 2,Art. V, Char., §§ 130, 131 Div. 2(note) 24-4 162.02 2-146 166.101 Char.,Art. XV 162.05 2-141, 2-142 (note) 162.05(4) 2-145 Ch. 2, Art. VII 162.07 2-143, 2444 (note) 162.08 2-148 166.201 Ch. 2,Art. VII 162.09 2-149 (note) 162.10 2-150 Ch. 20(note) 162.11 2-151 166.231 Ch. 20, Art. II 163.3161 Char.,Art. XIV (note) 41110 (note) 166.241 Char., § 24 Char., § 127 2-311 2053 ATLANTIC BEACH CODE F.S. Section F. S. Section 0 Section this.Code Section this Code 166.0425 Ch. 17(note) 316.1945 Ch. 21(note) Ch. 170 Ch. 19(note) 21-17 Ch. 171 Char., § 2 316.2045 19-1 175.101 20-77 Ch. 327 Ch. 5(note) Ch. 177 24-205 335.075 Ch. 19(note) 177.011 Ch. 24,Art. IV Ch. 367 Ch. 22(note) (note) Ch. 369 Ch. 5(note) 177.041 24-205 Ch. 372 Ch. 4(note) 177.091 24-256 Ch. 373 Ch. 8(note) Ch. 180 Ch. 19(note) 381.031(1Xg)1 4-29 185.08 20-76 381.031(g)3 Ch. 6,Art. VI Ch. 192 Ch. 20(note) (note) 193.023 Char.,Art. VI 381.261 Ch. 22(note) (note) Ch. 386 Ch. 12(note) 193.116 Char., § 33 403.413 5-4 Char.,Art. XIII 16-5 (note) 403.415 Ch. 11(note) 200.065 Char.,Art. VI 413.08 Ch.3,Art.II(note) (note) Ch.469 Ch. 6, Art. IV Ch. 205 Char., Art. XIII (note) (note) Ch. 479 Ch. 17(note) Ch. 20,Art. III Ch. 489 Ch. 6(note) (note) 496.01 Ch. 18(note) 205.022 20-51 Ch. 513 Ch. 10(note) 0 205.042 20-52 513.01 10-1 205.043(2) 20-57 Ch. 514 Ch. 6, Art. VI 205.043(3) 20-57 (note) 205.053 20-54 Ch. 552 Ch. 7(note) 205.053(1) 20-53 Ch. 553 Ch. 6(note) 205.063 20-58 553.01 Ch. 6, Art. IV Ch. 218 Ch. 2, Art. VII (note) (note) 553.15 Ch. 6,Art. III 218.33 Char., § 24 (note) 2-311 553.70 Ch.6,Art.II(note) 253.12 Ch. 5(note) Chs. 561-568 3-1 286.011 Char., § 14 561.01 Ch. 3(note) Char., § 16 562.14(1) 3-2 Char., § 165 562.45(2) 3-2 Ch. 2(note) 3-4-3-6 309.01 Ch. 5(note) 590.12 Ch. 7(note) Ch. 316 Ch. 21(note) Ch. 633 Ch. 7(note) 21-1 633.121 Ch. 7(note) 316.008 Ch. 21(note) Ch. 650 Ch. 2, Art. VI, 316.008(1Xa) Ch. 21,Art. II Div. 2(note) (note) 2-241 316.195 Ch. 21, Art. II 650.02 2-241 (note) 650.05 Ch. 2, Art. VI, 21-16 Div. 2(note) 0 2054 STATUTORY REFERENCE TABLE F.S. Section F. S. Section Section this Code Section this Code Ch. 705 Ch. 15,Art. II 790.15 13-3 (note) Ch. 791 Ch. 7(note) 705.16 Ch.2,Art.II(note) 806.13 6-111 Ch. 760 Ch. 9(note) 22-57 760.20 Ch.9,Art.II(note) Ch. 823 Ch. 12(note) 760.22 9-16 Ch. 828 4-5 760.23 9-17 876.05 Char., § 168 760.24 9-18 893.03 13-4 760.25 9-22 13-5 760.29 9-23 893.147 13-5 760.37 9-24 932.701 Ch. 15, Art. II Ch. 767 Ch. 3,Art.II(note) (note) 4-26 943.25(8Xa) 15-1 768.28 Char., § 160 • [The next page is 2081] 2055 CHARTER INDEX A ABANDONED PROPERTY Section Power of city to dispose of 4(26) ABSENTEE VOTING Election provisions generally. See: ELECTIONS Provisions re 85 ACCOUNTANTS Independent annual audit 24 ACT Effective date of Act 182 Charter. See also that subject ACTIONS OR PROCEEDINGS(Civil or criminal) Pending actions and proceedings 177 ADMINISTRATIVE DEPARTMENTS Provisions re 28 et seq. See: CITY MANAGER ADVERTISING Advertising interest of municipality, etc. • Powers of city 4(23) ADVISORY BOARDS, GROUPS Investigations by advisory boards 164 Powers of city commission Appointing advIory boards 9(15) Appointing members of official boards of advisory groups 9(4) AGENCIES OF CITY. See:DEPARTMENTS AND OTHER AGEN- CIES OF CITY AIRPORTS Power of city commission to lease airports 9(11) Power of city commission to sell airports 9(12) Power of city to own,establish and operate - 4(13) ALLEYS Power of city to construct,operate and maintain 4(14) ) Power of city to regulate encroachments in, upon, over and under 4(15) ANIMALS AND FOWL Powers of city Regulating the keeping of domestic and other animals 4(12) APPEALS Zoning board of adjustment,appeals to 136 et seq. See:ZONING APPOINTMENTS. See: OFFICERS AND EMPLOYEES 2081 ATLANTIC BEACH CODE ASSESSOR Section • City tax assessor 9(14)et seq. See: TAXATION ATLANTIC BEACH. See: CITY OF ATLANTIC BEACH ATTORNEY. See: CITY ATTORNEY AUDITS City commission Duties re independent annual audit 24 Power of commission to provide for independent audit 9(8) B BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOND ISSUES Power of city commission to authorize issuance of bonds, etc. 9(3) Powers of city 4(6) Provisions generally re issuance of bonds Art. XVI BONDS(Generally) City attorney preparing 158 Official bonds 167 BORROWING MONEY Powers of city 4(6), (24) BOUNDARIES Zoning regulations 130, 131, 132 BRIDGES Failure of city to keep bridges in proper condition Suits against the city for damages 160 BUDGET Adopting budget Powers of city commission 9(2) City manager's powers and duties re 26(2) Finance provisions. See: FINANCES Provisions generally Art. VI BUILDINGS Powers of city 4(20) Regulating building and density of population 4(20) Powers of city commission 9(6) Zoning regulations City regulating buildings,etc 127 BURIAL GROUNDS. See: CEMETERIES, CREMATORIES CANDIDATES FOR OFFICE. See: ELECTIONS • 2082 CHARTER INDEX CEMETERIES, CREMATORIES Section Power of city to own and maintain,etc 4(19) CEREMONIES Mayor-commissioner recognized as head of city government for ceremonial purposes 8 CERTIFICATES Revenue certificates Power of city commission to authorize issuance 9(3) Power of city to issue 4(6) CHARTER Charter election 181 Conflicting laws,repeal of 183 Continuance of contracts and public improvements 176 Continuance of present officers 172 Continuity of offices,boards,commissions or agencies 175 Definition of"publishing" 170 Effect of charter on existing law 169 Effective date of Act 182 Existing ordinances 178 Pending actions and proceedings 177 Repeal of conflicting laws 183 41, Rights of officers and employees preserved 171 Separability clause 180 Short title 179 Title to property reserved to new municipality 174 Transfer of records and property 173 CHIEF EXECUTIVE OFFICER City manager shall be 26 CITY ATTORNEY Appointment and qualifications 158 City commission Appointing, removing and fixing compensation of attorney 9(14) Duties 158 Salaries 159 City commission fixing compensation of attorney 9(14) CITY CLERK Appointment,salary,duties,etc 9(14), 31 CITY COMMISSION Absences from meetings 6 City manager. See also that subject Appointing,removing,fixing compensation of manager Powers of commission 9(14) Appointment of by commission 10 Manager responsible to commission for administration of affairs, etc. 26 • 4111 Removal of manager 11 Power of commission to remove manager 9(14) Right of manager and other officers in commission 163 2083 ATLANTIC BEACH CODE CITY COMMISSION—Cont'd. Section Composition 5 Creation of new departments or offices;change of duties 13 Elections, duties re generally 78 et seq. See also: ELECTIONS Financial interest 166 Induction of commission into office 14 Initiative and referendum Consideration by commission of initiative or referendum pe- tition,etc 94 Investigations by 164 Journal of minutes 16 Mayor-commissioner Absence or disability 8 Duties 8 Presiding officer 8 Selection,term of office 5 Mayor pro tem 8 Meetings Absences from 6 City clerk's duties re meetings 31 Generally 14 Notice of meetings 31 • Presiding officer at meetings 8 Minutes of proceedings 16, 31 Ordinances. See also that subject City clerk recording and authenticating by signature 31 Creating,changing and abolishing offices, departments,etc , by ordinance . 13 Elections governed by ordinance 86 Emergency ordinances 23 Exception as to newspaper publication of ordinances 22 Fixing meetings of commission by ordinance 14 Further consideration;final passage 20 Generally 17 Independent annual audit 24 Initiative and referendum on proposed ordinances 88 et seq. See: INITIATIVE AND REFERENDUM Passing ordinances for preservation of public peace and order Powers of commission 9(10) Power of commission to pass ordinances,etc 9(10) Procedure for passage;first reading 18 Publication of ordinances after final passage; permissive referendum 21 Second readings;public hearing; further consideration;final passage 19 Personal interest 166 Powers 9 Presiding officer. See herein: Mayor-Commissioner 2084 • CHARTER INDEX CITY COMMISSION—Cont'd. Section Qualifications and disqualifications 6 • Judge of election and qualifications of members Powers of commission 9(1), 15 Rules of procedure 16 Salary 7 Selection 5 Suits against city Commission's duties 160 Term of office 5 Vacancies in commission 12 Absences from meetings creating vacancy 6 CITY COMPTROLLER City commission Appointing, removing and fixing compensation of comptroller 9(14) Office of city clerk and city comptroller may be combined 31 Provisions generally 32 CITY MANAGER Absences 27 Administrative departments 28 Departmental divisions 30 Directors of departments 29 City commission. See also that subject Appointment by commission 10 Power of commission to appoint 9(14) Power of commission to appoint, remove and fix compensa- tion of manager 9(14) Removal of manager by commission 11 Power of commission to remove 9(14) Right of manager and other officers in commission 163 Investigations by 164 Powers and duties 26 Qualifications 25 Removal of officers and employees 161, 162 Suits against the city,manager's duties 160 CITY OF ATLANTIC BEACH Advertising and promoting interest of municipality and its residents Powers of city 4(23) Form of government 3 Incorporation of city 2 Powers of city Exercise of powers 3 General powers 4 Granting franchises 109 Vested in city commission 9 Present municipal corporation of Town of Atlantic Beach abolished 1 Suits against city 160 City attorney's duties 158 Title to property reserved to new municipality 174 2085 ATLANTIC BEACH CODE CITY TREASURER Section City commission Appointing, removing and fixing compensation of treasurer 9(14) Office of city clerk and city treasurer may be combined 31 Provisions generally 34 CITY'S SEAL City clerk shall be custodian of seal,etc 31 CIVIL COMPLAINTS City attorney's duties 158 CIVIL OR CRIMINAL ACTIONS OR PROCEEDINGS Pending 177 CIVIL RIGHTS Rights of officers and employees of city preserved 171 CIVIL SERVICE SYSTEM Power of city to establish and regulate 4(18) CLAIMS(Generally) • Title,rights and ownership of property,claims,etc 174 CLERK. See: CITY CLERK COMMISSION. See: CITY COMMISSION COMMISSIONS.See:DEPARTMENTS AND OTHER AGENCIES • OF CITY COMPTROLLER. See: CITY COMPTROLLER CONDEMNATION Acquiring property by condemnation Powers of city 4(3) CONSTRUCTION Powers of city Constructing local public utilities 4(9) Constructing streets,roads,sidewalks,etc 4(14) CONTRACTS City attorney preparing 158 Continuance of contracts in public improvements 176 Personal interest of city commission members or other officers of city 166 COURTS City prosecutor City commission appointing, removing and fixing compensation 9(14) Powers and duties 156 Municipal court and department of law. See that subject Pending actions and proceedings 177 Suits against city 160 City attorney's duties 158 2086 CHARTER INDEX COURTS—Cont'd. Section Zoning,board of adjustment Petitions presented to court of record,decision of board,etc141 et seq. Stay of proceedings Granted by court of record on application 137 COURTS, YARDS, ETC. Powers of city commission 9(6) D DAMAGES Suits against the city 160 DENSITY OF POPULATION. See: POPULATION, DENSITY OF DEPARTMENTS AND OTHER AGENCIES OF CITY Abolishing offices, departments or agencies City commission creating, changing and abolishing offices, departments or agencies 13 Administrative departments 28 et seq. See: CITY MANAGER Advisory board Investigations by 164 Advisory groups,boards City commission Appointing advisory boards 9(15) Appointing members of official boards of advisory groups 9(4) Board of adjustment 133 et seq. See:ZONING City attorney's duties re 158 City commission 5 et seq. See: CITY COMMISSION Continuance of present officers Powers and duties imposed upon offices, departments, boards, etc. 172 Continuity of offices,boards,commissions or agencies 175 Creation of new departments or offices by city commission 13 Department of law 151 et seq. See: MUNICIPAL COURT AND DEPARTMENT OF LAW Department of public safety Art. V Departmental divisions 30 Directors of departments 29 Investigations by committees,advisory boards,etc 164 Pending actions and proceedings 177 Publicity of records and accounts of every office,department or agency of city 165 Removal of members of boards,commissions or agencies 162 Removal of city officers and employees generally 161 Rights of officers or employees of departments, boards, com- missions,etc.,preserved 171 Transfer of records and property 173 2087 ATLANTIC BEACH CODE DEPARTMENTS AND OTHER AGENCIES OF CITY—Cont'd. Section 110 Zoning, board of adjustment 133 et seq. See: ZONING Zoning commission 132 DEVELOPMENT Powers of city Controlling development of natural or artificial streams or bodies of water . .. .... 4(25) :Zoning regulations 127 et seq. See:ZONING DISTRICTS Zoning districts 128 DOMESTIC ANIMALS Regulating the keeping of Powers of city 4(12) DRAINAGE Power of city to drain swamps,etc. 4(17) E ELECTIONS Absentee voting . 85 Canvass of returns . 87 Charter election . 181 Elections governed by state law or ordinance 86 Electors 79 General elections 83 Generally 78 Initiative and referendum 88 et seq. See: INITIATIVE AND REFERENDUM Inspectors and clerks of elections 78 Nominations 81 Primary elections 82 Proposed ordinances,election on 88 et seq. See: INITIATIVE AND REFERENDUM Registration of voters 80 Registration officer,city clerk performing duties of 31 State law or ordinance governs elections 86 Submitting ordinances to qualified voters at elections Passing ordinances concerning operation of public utility sys- tems, etc. 9(12) Writing in of candidates 84 EMERGENCIES Emergency ordinances 23 EMPLOYMENT,EMPLOYEES OF CITY. See:OFFICERS AND EMPLOYEES ENCROACHMENTS Power of city to regulate encroachments 4(15) 2088 CHARTER,INDEX F FINANCES 0 Section Audits City commission's duties re independent annual audit 24 Power of city commission to provide for independent audit 9(8) Bond issues. See also that.subject Borrowing money Powers of city 4(6),(24) Budget City manager's powers and duties re 26(2) Power of city commission to adopt 9(2) Provisions generally Art.VI City commission's powers re finances generally 9 City manager's powers and duties re finances 26 Contracts. See also that subject Department of finance Administrative department 28 et seq. Provisions generally Art.VII Financial interest of members of city commission, city officers, etc.,in contracts,sales,etc 166 Official bonds Required of employees handling funds 167 Power of city commission re audits 9(8),24 Power of city commission re finances generally 9 Powers of city 4 Purchases,purchasing. See also that subject Revenue certificates. See also that subject Taxation. See also that subject FINES,FORFEITURES AND PENALTIES Appointing, removing, etc., city tax assessor, city treasurer, city comptroller, etc. Powers of city commission 9(14) City commission members forfeiting office 6 City commission members' personal interest in contracts, sales, etc. Violations,forfeiture of office or position 166 City commission's investigations Failure to obey subpoena,produce papers, etc. Punishment by fine,imprisonment 164 City commission's power Imposing penalties,etc.,for violations of ordinances 9(10) Remitting fines or other penalties imposed by municipal court 9(9) Municipal court and department of law Disposition of moneys collected as fines 154 Remission of fines and penalties 155 Ordinances regulating keeping of domestic and other animals Imposing penalties, forfeitures... 4(12) Personal interest of members of city commission or other offi- cers of city in contracts, sales, etc. Violations,forfeiture of office or position - 166 2089 ATLANTIC BEACH CODE FINES, FORFEITURES AND PENALTIES—Cont'd. Section Zoning ordinance or regulations Penalties for violations 146 FIRE PROTECTION AND SERVICES Power of city to provide 4(16) FORFEITURES. See:FINES,FORFEITURES AND PENALTIES FRANCHISES Granting 109 Public utility franchises Power of city to grant 4(10) FRAUD Elections,prevention of fraud 78 G GENERAL ELECTIONS Holding general elections,candidates,etc 83 Elections generally. See: ELECTIONS GOLF COURSES Leasing golf courses Powers of city commission 9(11) Power of city to own,establish and operate 4(13) Powers of city commission Selling golf courses 9(12) Selling golf courses Powers of city commission 9(12) GOVERNMENT Form of government 3 GRAVEYARDS. See: CEMETERIES, CREMATORIES Y! HEARINGS City commission, duties re ordinances Public hearings 19 Initiative or referendum petitions for proposed ordinances Public hearings on 94 Removal of city manager,public hearing on 11 Zoning regulations Public hearings on regulations, restrictions or boundaries 130 Zoning board of adjustment hearing appeals 138, 139 Zoning commission holding public hearing 132 HEALTH AND SANITATION Draining swamps and overflow lands for betterment of sani- tary conditions Powers of city 4(17) Maintaining and preserving public health Powers of city 4(12) 2090 CHARTER INDEX 41) HEALTH AND SANITATION—Cont'd. Section Providing sanitary protection and services Powers of city 4(16) Regulating building and density of population, etc. Power of city to regulate for purpose of promoting health, safety, etc. 4(20) HEIGHT REGULATIONS Power of city to regulate building height,etc 4(20) Powers of city commission 9(6) HOSPITALS Power of city commission to lease hospitals 9(11) Power of city commission to sell hospitals,etc 9(12) Power of city to own,establish and operate 4(13) HOUSING AUTHORITY Power of city commission to create housing authority 9(7) I IMPRISONMENT Investigations by city commission, manager, etc. Failure to obey subpoenas,produce books, etc. Punishment by imprisonment 164 Power of city commission to provide for imprisonment for vio- • lation of ordinances,etc 9(10) Zoning ordinance or regulations Imprisonment for violations 146 IMPROVEMENTS Continuance of contracts and public improvements 176 Making local improvements Powers of city 4(21) INCORPORATION Incorporation of City of Atlantic Beach 2 INDUSTRY Regulating use of land and water for trade, industry, etc. Powers of city commission 9(6) INITIATIVE AND REFERENDUM(Proposed ordinances, etc.) Availability of list of qualified electors 97 Consideration by city commission 94 Election provisions generally. See: ELECTIONS Form of ballot for initiated and referred ordinances 96 Franchise ordinances 109 Petitions Amendment of petitions 92 Consideration by city commission 94 Effect of certification of referendum petition 93 Filing,examination and certification of petitions 91 Form of petitions;committee of petitioners 90 Generally gg 2091 ATLANTIC BEACH CODE INITIATIVE AND REFERENDUM—Cont'd. Section Power of initiative 88 Power of referendum 89 Publication of ordinance after final passage,permissive referendum 21 Repealing ordinances;posting 99 Results of election 98 Submission to electors 95 INJURIES Damages arising out of city's failure to keep sidewalks, brid- ges,etc.,in proper condition 160 INVESTIGATIONS Investigations by city commission, committees, city manager, etc., generally 164 Suits against city Investigations by city manager, etc. 160 INVESTMENTS Investing surplus funds of city Powers of city 4(5) J JUDGE, MUNICIPAL. See: MUNICIPAL COURT AND DEPART- MENT OF LAW L LEASES Leasing golf courses,parks,hospitals, etc. Powers of city 4(13) Powers of city commission 9(11) Leasing local public utilities Powers of city 4(9) Power of city re leases 4 Powers of city commission Leasing golf courses,hospitals,airports,etc 9(11) Preserving peace and order upon property leased by city Passing ordinances necessary to protect and preserve peace Powers of city 4(2) LIBRARIES Power of city to own,establish and operate 4(13) LICENSES AND PERMITS Power of city to license professions, businesses, occupations ' 4(7) LIENS Making local improvements, enforcing liens for payment of Powers of city 4(21) LOCAL IMPROVEMENTS. See: IMPROVEMENTS 2092 CHARTER INDEX • LOTS Section Percentage of lot that may be occupied Power of city commission to regulate and restrict 9(6) M MANAGER. See: CITY MANAGER MAPS Official map of city Power of city commission to adopt and modify 9(5) MAYOR Mayor-commissioner 5 et seq. See: CITY COMMISSION MEETINGS OF COMMISSION. See: CITY COMMISSION MILITARY LAW Mayor-commissioner recognized as head of city government for purposes of military law 8 MONEYS OF CITY. See: FINANCES MORALS Powers of city Regulating building and density of population for purpose of promoting morals of city's residents 4(20) MUNICIPAL CORPORATION.See:CITY OF ATLANTIC BEACH MUNICIPAL COURT AND DEPARTMENT OF LAW City attorney Appointment,qualifications,etc 158 Duties 158 Salaries 159 City prosecutor Powers and duties 156 Courts. See also that subject Disposition of moneys collected as fines 154 Executive officer of court 157 Municipal court generally 151 Municipal judge Powers of city commission Appointing, removing and fixing compensation of judge 9(14) Sickness,absence or disqualification of 152 Powers 153 Remission of fines and penalties 9(9), 155 Salaries of court officials and city attorney 159 N NEGLIGENCE OF CITY Suits against city 160 1111 NEWSPAPERS. See:PUBLICATION,PUBLISHING 2093 ATLANTIC BEACH CODE NOMINATIONS. See:ELECTIONS Section • NUISANCES Power of city to define,prevent and abate nuisances 4(11) 0 OATHS - Board of adjustment,chairman administering oaths 135 City clerk's power to administer 31 Investigations generally Testimony given under oath,administering oath,etc 164 Oath of office generally 168 OFFICERS AND EMPLOYEES Appointments,removals, compensation,etc. City commission's power 9(14) City manager's power 26 Rights of officers and employees preserved 171 Charter taking effect Continuance of present officers 172 Rights of officers and employees preserved 171 City attorney 9(14)et seq. See: CITY ATTORNEY City clerk 9(14)et seq. See: CITY CLERK City commissioners 5 et seq. See: CITY COMMISSION City comptroller 9(14)et seq. See: CITY COMPTROLLER City manager 9(14)et seq. See: CITY MANAGER City prosecutor 9(14)et seq. See: COURTS City tax assessor 9(14)et seq. See:TAXATION City treasurer 9(14)et seq. See: CITY TREASURER Civil service system Power of city to establish and regulate uniform system for employment practices, etc. 4(18) Continuance of present officers 172 Department of personnel Administrative department 28 et seq. Provisions generally Art.VIII Financial interest of city officers in contracts,sales,etc. 166 Mayor-commissioner 5 et seq. See: CITY COMMISSION Municipal judge 9(14)et seq. See:MUNICIPAL COURT AND DEPARTMENT OF LAW Oath of office 168 Official bonds 167 2094 CHARTER INDEX • OFFICERS AND EMPLOYEES—Cont'd. Section Pension or retirement plan Power of city to provide 4(22) Pensions and retirement Rights of officers and employees preserved 171 Personal interest of city officers 166 Publicity of records and accounts of every office, department, etc. 165 Recall Art. XI Removal of city officers and employees by city manager 26(1) Removal of city officers and employees generally 161 Removal of members of boards,commissions or agencies- 162 Rights of officers and employees preserved 171. OFFICIAL BONDS Provisions generally 167 OFFICIAL MAP Power of city commission to adopt and modify 9(5) ORDINANCES City commission's power and duties re ordinances 9(10)et seq. See: CITY COMMISSION Existing ordinances 178 Initiative and referendum,proposed ordinances 88 et seq. • See: INITIATIVE AND REFERENDUM Ordinances granting franchises 109 Power of city to pass necessary ordinances, etc. Adopting ordinances necessary to maintain and preserve pub- lic health,peace and welfare,etc 4(12) Preserving peace and order 4(2) P PARKING Powers of city Constructing,operating and maintaining parking areas 4(14) PARKS Power of city commission to lease parks 9(11) Power of city commission to sell parks 9(12) Power of city to own,establish and operate 4(13) PAVEMENT Failure of city to keep pavement, sidewalks, etc., in proper condition Suits against the city 160 PEACE AND ORDER,PRESERVING Power of city commission to pass ordinances and laws for pres- ervation of public peace and order,etc 9(10) Powers of city 4(2), (12) 1111 Penalties. See: FINES,FORFEITURES AND PENALTIES 2095 ATLANTIC BEACH CODE PENSIONS AND RETIREMENT Section 110 Powers of city Providing pension or retirement plan for officers and employees 4(22) Rights of officers and employees preserved 171 PERSONAL PROPERTY. See: PROPERTY PETITIONS Elections,'nomination petitions .81 Initiative and referendum petitions 88 et seq. See: INITIATIVE AND REFERENDUM Zoning,board of adjustment Presenting petitions, etc. 141 et seq. POLICE City exercising police powers,etc 4(12) Power of city to provide police protection and services 4(16) POPULATION, DENSITY OF Powers of city . ... 4(20), 127 Powers of city commission 9(6) POWERS OF CITY Exercise of powers 3 General powers 4 Granting franchises . 109 Vested in city commission 9 PRIMARY ELECTIONS Holding primary elections,candidates,etc. 82 Election provisions generally. See:.ELECTIONS PRISONS. See: IMPRISONMENT PROPERTY Abandoned, captured,etc.,property Power of city to dispose of 4(26) Official bonds required of employees handling property of city 167 Power of city to dispose of abandoned, captured, etc., property 4(26) Power of city to purchase property,lease property,etc 4 Real,personal, etc.,property Powers of city generally 4 Title to property reserved to new municipality 174 Transfer of records and property 173 PROSECUTION City attorney's duties 158 PROSECUTOR. See: COURTS PUBLIC HEARINGS. See: HEARINGS PUBLIC IMPROVEMENTS. See: IMPROVEMENTS PUBLIC SAFETY. See: SAFETY PUBLIC UTILITIES. See: UTILITIES 2096 CHARTER INDEX 4111 PUBLICATIONS, PUBLISHING Section Definition of"publishing" 170 Ordinances Publication of ordinances after final passage 21 Exceptions 22 Printing in newspaper Definition of"publishing" 170 PUBLICITY OF RECORDS Provisions generally 165 PURCHASES, PURCHASING Power of city commissionto provide rules and regulations for purchases and sales 9(13) Powers of city 4 R REAL PROPERTY. See: PROPERTY RECALL Provisions generally Art. XI RECORDS, BOOKS, PAPERS, ETC. Audit of accounts,records,etc 24 City attorney preparing contracts, bonds and other instruments Sin writing 158 City clerk recording ordinances and resolutions 31 City commission's power to require production of records 15 Investigations generally Compelling production of books, papers and other evidence 164 Mayor-commissioner executing instruments 8 Petitions. See that subject Publicity of records 165 Transfer of records and property 173 Zoning board of adjustment Appeals,transmitting papers to board concerning appeal 136 Keeping records of examinations and other official actions 135 Proceedings of 135 Returning original papers,writ of certiorari 143 REFERENDUM. See: INITIATIVEANDREFERENDUM REGISTRATION Registration of voters generally 80 REGISTRATION OFFICER City clerk performing duties of 31 REMOVAL OF CITY OFFICERS AND EMPLOYEES. See: OF- FICERS AND EMPLOYEES RESOLUTIONS City clerk authenticating by signature and recording in books 31 4110 Preliminary resolution stating intention to remove city manager 11 2097 ATLANTIC BEACH CODE RETIREMENT. See: PENSIONS AND RETIREMENT Section REVENUE CERTIFICATES - Power of city commission to authorize issuance 9(3) Power of city to issue 4(6) ROADS Power of city to construct,operate and maintain 4(14) S SAFETY Department of public safety Art.V Powers of city Regulating building and density of population for purpose of promoting health,safety,etc. 4(20) SALES Personal interest of members of city commission or other offi- cers of city 166 Power of city to sell property,etc 4 Powers of city commission Providing rules and regulations for purchases and sales 9(13) Selling golf courses,hospitals,etc 9(12) SANITATION. See: HEALTH AND SANITATION SEAL OF CITY 410 City clerk to be custodian of,etc. 31 SIDEWALKS. See:.STREETS AND SIDEWALKS STATE LAW Elections governed by state law 86 STREETS AND SIDEWALKS Damages arising out of city's failure to keep sidewalks,streets, etc., in proper condition Suits against city 160 Franchises, granting for use of streets and other public places 109 Power of city to construct,operate and maintain 4(14) Power of city to regulate-encroachments in, upon, over and under 4(15) SUBPOENAS. See also:WRITS Investigations generally Issuing subpoenas 164 Power of city commission to subpoena witnesses 15 SUITS AGAINST CITY City attorney defending 158 Provisions generally 160 SURPLUS FUND OF CITY Power of city to invest 4(5) SWAMPS Power of city to drain 4(17) 2098 CHARTER INDEX TAXATION Section City tax assessor City commission appointing,removing and fixing compensa- tion of assessor 9(14) Provisions generally 33 Power of city to levy and collect license taxes 4(7) Power of city to levy,assess and collect taxes 4(4) Tax administration Art. XIII Uncollected taxes Title, rights and ownership of property, uncollected taxes, etc. 174 TORTS Suits against city 160 TOWN OF ATLANTIC BEACH.See:CITY OF ATLANTIC BEACH TRADES Regulating use of land and water for trade,industry,etc. Power of city commission 9(6) TREASURER. See: CITY TREASURER 41) U UTILITIES Failure to keep utility owned or operated by city in proper condition Suits against city for damages 160 Power of city commission to sell public utility systems, etc. 9(12) Powers of city 4(8) Furnishing local public services and utilities,etc 4(8) Granting local public utility franchises,etc 4(10), 109 Purchasing,constructing,etc.,local public utilities _ 4(9) Selling public utility systems Power of city commission 9(12) V VIADUCTS Failure of city to keep viaducts in proper condition Suits against city for damages 160 W - WATERWAYS,WATERCOURSES Power of city to control development and use of natural, or artificial streams or bodies of water 4(25) Power of city to regulate and restrict use of land and water for trade,industry,etc 9(6) Zoning regulations City regulating use of land and water 127 2099 ATLANTIC BEACH CODE WATERWORKS Section Failure of city to keep waterworks in proper condition Suits against city for damages 160 WELFARE Powers of city Preserving public health,peace and welfare 4(12) Regulating building and density of population, etc., for pur- pose of promoting welfare of city residents 4(20) WITNESSES Board of adjustment Compelling attendance of witnesses 135 Investigations generally Compelling attendance of witnesses 164 Power of city commission to subpoena witnesses 15 Suits against city 160 WRITS. See also: SUBPOENAS Zoning,board of adjustment Writ of certiorari 142, 143 Y ' YARDS, COURTS, ETC. Powers of city commission 9(6) ZONING Appeals Board of adjustment. See herein that subject Board of adjustment 133 Appeals to board 136 Hearing of appeal;notice required 138 Stay of proceedings 137 Appointment,terms of members 134 Composition 134 Decision of board 140 Filing petition after decision 141 Members 134 Powers of board 139 Proceedings 135 Removal of members 134 Stay of proceedings 137 Vacancies, filling - 134 Writ of certiorari 142 Costs allowed against board 145 Decision of court; taking evidence or appointing referee 144 Return of writ 143 City may regulate building,density of population,etc 127 Division of city into districts for purposes of regulations 128 Enforcement of ordinance or regulations 146 2100 CHARTER INDEX ZONING—Cont'd. Section Legal proceedings instituted in addition to other remedies 147 Powers of city Regulating building and density of population,etc. 4(20) Powers of city commission Regulating buildings,density of population,etc 9(6) Public hearing on regulations,restrictions,boundary,etc 130 Purposes in view in making regulations 129 Regulations,restrictions,boundaries, etc. Public hearing 130 Subject to change or repeal 131 Violations, penalties 146 Legal proceedings instituted in addition to other remedies 147 Zoning commission 132 2101 CODE INDEX A ABANDONMENT Section Nuisances enumerated Abandoned wells, basements, refrigerators, etc 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES Open storage of abandoned motor vehicles, refrigerators, etc. 12-1(bX7) Parking of abandoned vehicles 21-24 et seq. See: TRAFFIC ACCESS Subdivisions Design and construction standards Access to public streets 24-252(c) Lots, street access 24-255(d) Zoning regulations 24-135(e) et seq. See: ZONING ADVERTISING Confiscated or lost property, disposition of Advertising sales of 15-18 Fair housing provisions Prohibited conduct, provisions re advertisement 9-17 Noise provisions Loudspeakers for advertising purposes 11-8 Regulations for signs and advertising structures 17-1 et seq. See: SIGNS AND ADVERTISING STRUCTURES AIR RIFLES, AIR PISTOLS, ETC. Discharging prohibited 13-3 ALCOHOLIC BEVERAGES Conditions of existing establishments 3-8 Consumption on vendor's premises 3-11 Consumption, possession of open containers upon public property 3-12 Definitions 3-1 Distances, measurement of 3-7 Existing establishments, conditions of 3-8 Hours of sale 3-2 Licenses Persons not holding license to sell 3-3 Lighting requirements on premises 3-9 Location of establishments, restrictions on 3-6 Locations where on -premises sales prohibited 3-5 Music, noise Playing of musical or noise -producing equipment outside of buildings 3-10 Persons not holding license to sell 3-3 Premises where sales permitted 3-4 Restrictions on location of establishments 3-6 Sales permitted Premises where sales permitted 3-4 Supp. No. 1 2103 ATLANTIC BEACH CODE ALCOHOLIC BEVERAGES—Cont'd. Section Sales prohibited Locations where on -premises sales prohibited 3-5 ALLEYS Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon alley 21-25(aX4), (5) Dogs and cats running at large 4-24 Garbage, trash, etc. Depositing in alleys 16-5 Nuisances enumerated Throwing, discharging, etc., garbage, filth, etc., into alleys . 12-1(bX2) Abatement of nuisances, etc. See: NUISANCES AMENDMENTS TO CODE Provisions re . , . 1-9 ANIMALS AND FOWL Animal control officer Appointment 4-1 Interfering with officers 4-2 Animal shelter Breaking open fences, gates, etc.; letting loose animals; etc. 4-3 Beaches Use of vehicles and riding of animals prohibited 5-17 Bird sanctuary City designated; shooting, molesting, etc., birds 4-4 Cats. See herein: Dogs and Cats Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Cruelty to animals 4-5 Dead animals, removal and disposal of 4-8 Dogs and cats Damaging property 4-26 Definitions 4-21 Disturbing the peace 4-27 Impoundment 4-23 Leashing dogs 4-25 Muzzles Dogs to be muzzled 4-25, 4-28 Rabies Dogs or cats suspected of having rabies 4-29 Registration and tagging required 4-22 Impoundment of unregistered dogs or cats 4-23 Registration and tagging Impoundment of unregistered dogs or cats 4-23 Required 4-22 Running at large 4-24 Vicious dogs 4-28 Vicious dogs 4-28 Zoning regulations for doghouses, pens, etc. Accessory uses by zoning district 24-151(bXl) Hogs, keeping 4-7 Supp. No. 1 2104 CODE INDEX ANIMALS AND FOWL—Cont'd. Section Impounding.officer Interfering with 4-2 Impounding vehicles Breaking open fastenings,etc.;letting loose animals;etc4-3 Impoundment of dogs or cats 4-23 Interfering with officers 4-2 Noise Animal or bird noises 11-9 Dogs or cats disturbing the peace 4-27 Nuisance animals 4-6 Nuisances. See also that subject Allowing animal carcass to remain in place 12-1(b)(1) Birds constituting nuisance 4-4 Dogs or cats running at large,etc 4-24 Keeping, feeding, etc., hogs, horses, chickens, etc., which maybe injurious to health and well-being of persons . . . . 12-1(b)(5) Nuisance animals 4-6 Public sewers Depositing animal excrement 22-71 Rabies Cooperating with city or county rabies control program 4-1 Dogs and cats. See herein that subject 1111 Registration Dogs and cats. See herein that subject Removal of animals from animal shelter or impounding vehicles . 4-3 Running at large Dogs and cats. See herein that subject Stables, maintaining 4-7 Zoning regulations Doghouses, riens, etc. Accessory uses by zoning district 24-151(b)(1) ANNEXATION Certain ordinances saved from repeal 1-5 ANTENNAS, TOWERS Zoning regulations Accessory uses by zoning districts 24-151(bXl) Height limitations for radio and television towers 24-156 APPROPRIATIONS. See: FINANCES ARRESTS Arsonists Reward for information leading to arrest and conviction 7-1 ARSONISTS Reward for information leading to conviction of 7-1 ASSESSMENTS Additional court costs assessed for police training 15-1 Insurance premium taxes, assessment of 20-76, 20-77 Special assessment liens 23-40 2105 ATLANTIC BEACH CODE ATTORNEY. See: CITY ATTORNEY Section 11111 AUCTIONS Noise in public places generally 11-2 AUDITS Uniform travel policy and procedure Auditing of travel expense reports or vouchers 2-365 AWNING SIGNS Permitted signs 17-2(bX6) Additional provisions re signs. See: SIGNS AND ADVER- TISING STRUCTURES_ B BAIL BONDS Additional court costs assessed for police training Forfeited bail bonds 15-1 BARRICADES Beaches, safety zones Provisions re barricades 5-18 Building sewers and connections Barricading,restoring excavations 22-111 BASEMENTS Abandoned basements,nuisance provisions 12-1(bX6) • Abatement of nuisances, etc. See: NUISANCES Zoning regulations Temporary residence 24-82(h) BASKETBALL COURTS Zoning regulations Accessory uses by zoning district 24-151(bXl) BEACHES Alcoholic beverages - Consumption,possession of open containers upon public property. 3-12 Animals Safety zone Use of vehicle and riding of animals prohibited 5-17 Boats Operation of motorized boats within 200 feet of beach 5-7 Parking of sailboats not to obstruct lifeguard activities 5-6 Closing during emergencies 5-1 Dogs and cats running at large 4-24 Dogs upon beaches to leashed,muzzled,etc 4-25 Lifeguard activities Parking of sailboats not to obstruct 5-6 Lifeguard division Protecting safety and welfare of persons using beaches,etc2-63 Littering 5-4 Motorized boats or other apparatus Operation of within 200 feet of beach 5-7 2106 CODE INDEX BEACHES—Cont'd. Section Operation of motorized apparatus within 200 feet of beach 5-7 Parking of sailboats not to obstruct lifeguard activities 5-6 Picnicking 5-3 Safety zone Barricade 5-18 Establishment; hours and periods of use 5-16 Use of vehicles and riding of animals prohibited 5-17 Sailboats Parking not to obstruct lifeguard activities 5-6 Surfboards 5-5 Undressing or changing clothes 5-2 Vehicles Safety zone Use of vehicles prohibited 5-17 BEAUTIFICATION Advisory planning board Duties of board re beautification of city 14-20(7) BELLS Noise. See also that subject Ringing handbells, etc., in public places generally 11-2 BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOYEES 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; shooting, molesting, etc., birds 4-4 BITES Dog bites, etc. 4-28, 4-29 BLOCKS Subdivisions Design and construction standards 24-254 BLOWERS OR POWER FANS Muffling of 11-7 BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOAT TRAILERS. See: RECREATIONAL VEHICLES' BOATS Beach regulations Operation of motorized apparatus within 200 feet of beach 5-7 Parking of sailboats not to obstruct lifeguard activities 5-6 BOND ISSUES Certain ordinances saved from repeal 1-5 Supp. No. 1 2107 ATLANTIC BEACH CODE BONDS, BAIL Section Additional court costs assessed for police training Forfeited bail bonds 15-1 BONDS, BID Purchasing procedure, bid deposits or bid bonds 2-333 BONDS, MAINTENANCE Subdivisions, assurance for completion and maintenance of improvements 24-233 BONDS, PERFORMANCE Purchasing, bid procedure Performance and labor and material payment bonds 2-335(c) BONDS, PERSONAL Subdivision developers Personal bond with letter of credit 24-232(aX3) BONDS, SURETY Signs and advertising structures Bond requirements for certain signs 17-3 Subdivision developers, surety bond to be furnished 24-232(aX4) BOUNDARIES OF ZONING DISTRICTS. See: ZONING BUDGET Certain ordinances saved from repeal 1-5 Director of finance's duties re 2-76 See also: FINANCES BUILDINGS AND BUILDING REGULATIONS Building code Adoption 6-16 Amendments 6-17 See: CODE ENFORCEMENT BOARD 2-146 Swimming pool enclosures, roofed Compliance with building code 6-92 Wastewater system, building sewers and connections Conformance with building code 22-106 Zoning regulations, construction within the districts Structures to comply with building code 24-66(b) Building official Flood hazard districts, enforcement of provisions 8-11 Numbering of buildings Duties of official 6-108 Trees, building official's jurisdiction and authority re 23-16, 23-17 Trees regulated Authority regarding supervision of work, under permits 23-17 Jurisdiction and supervision of building official 23-16 Building permits Zoning regulations Administrative official's powers and responsibilities 24-47(7) Provisions generally 24-65 Supp. No. 1 2108 CODE INDEX BUILDINGS AND BUILDING REGULATIONS—Cont'd. Section Building sewers and connections 22-101 et seq. See: WASTEWATER SYSTEM Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Supp. No.1 2108.1 CODE INDEX BUILDINGS AND BUILDING REGULATIONS—Cont'd. Section Electrical code 6-31 et seq. See: ELECTRICAL CODE Fire prevention and protection 7-1 et seq. See: FIRE PREVENTION AND PROTECTION Flood hazard districts,.. 8-1 et seq. See:FLOOD HAZARD DISTRICTS Garbage and trash provisions Removal of debris caused from building,rebuilding,etc 16-9 Loitering,sleeping,etc.,in public buildings 13-2 Mechanical code 6-76, 6-77 Noise provisions Building operation at night 11-6 Nuisances. See also that subject Abandoned building rubbish,material, etc. 12-1(bX7) Permitting buildings to become dangerous,unsafe,etc 12-1(bX8) Structurally unsound structures, etc. 12-1(bX6) Numbering of buildings Attachment of numbers to buildings 6-107 Building official Duties 6-108 Removing or defacing 6-111 Required 6-106 Street numbering districts designated 6-109 Subdivision regulations, design and construction standards Street names and house numbers 24-252(j) System of numbering 6-110 Permits. See herein: Building Permits Plumbing code 6-56 et seq. See: PLUMBING CODE Subdivisions Design and construction standards, lots Building setback lines 24-255(f) Swimming pool code 6-91, 6-92 Temporary construction trailers, structures, etc. Zoning regulations 25-66 et seq. See: ZONING Zoning regulations 24-31 et seq. See: ZONING Wastewater system Sewer system extensions,construction 22-192, 22-195 Water service Temporary service for construction work 22-19 Water shortages Permitting water to be used from fire hydrants for construc- tion work 22-39(eX4) BURIAL OF GARBAGE Provisions re 16-4 1110 BUSES Stopping,standing or parking buses or commercial vehicles 21=22 2109 ATLANTIC BEACH CODE BUSES—Cont'd. Section • Zoning regulations Temporary residence 24-82(h) BUSINESS TRUSTS Definition of"person"to include business trusts 1-2 C CAMPERS. See:RECREATIONAL VEHICLES CANALS. See: WATERCOURSES, WATERWAYS CARNIVALS Water service,temporary 22-19 CARPORTS Zoning regulations Accessory uses by zoning district 24-151(bXl) CATS Regulated 4-21 et seq. See: ANIMALS AND FOWL CEMETERIES Definition of"public place"to include cemeteries 1-2 CERTIFICATES Electricians, certificates of competency 6-32 1111 Plumbers, certificates of competency 6-57 Subdivisions Assurance for completion and maintenance of improvements Issuance of certificate of completion 24-235 CESSPOOLS Constructing 22-73 CHARTER Defined 1-2 CHICKENS. See also: ANIMALS AND FOWL Keeping chickens or poultry 4-7 CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT CHIEF OF POLICE. See: POLICE DEPARTMENT CHILD CARE CENTERS Zoning regulations 24-152 CHILDREN. See: MINORS CHILDREN PLAYHOUSES Zoning regulations Accessory uses by zoning district 24-151(bXl) CHIMNEYS Zoning regulations Height limitations 24-156(b) 2110 CODE INDEX CHURCH SPIRES Section Zoning regulations Height limitations 24-156(b) CHURCHES Alcoholic beverage establishments,location of 3-6 Noise provisions Interfering with churches 11-10 Zoning regulations 24-153 CIRCUSES Water service,temporary 22-18 CITY ATTORNEY Code enforcement board City attorney shall be counsel to board,etc 2-145 CITY COMMISSION Advisory planning board Certification of plans and recommendations to commission . . 14-21 Duties re commission 14-20 Defined 1-2 Mayor-commissioner Old-age and survivors insurance Execution of agreements by mayor-commissioner 2-242 Meetings Rules of conduct and procedure at 2-19 Special meetings, calling 2-17 Time and place of regular meetings 2-16 Quorum 2-18 Salary 2-20 Zoning regulations,responsibility of commission 24-46 CITY EMPLOYEES. See: OFFICERS AND EMPLOYEES CITY OF ATLANTIC BEACH Defined 1-2 CLOTHING Beaches. See also that subject Undressing or changing clothes 5-2 COCAINE. See: DRUGS CODE ENFORCEMENT BOARD Appeals 2-151 City attorney Counsel to board, etc. 2-145 Clerical and administrative personnel 2-144 Compensation of members 2-141 Created, composition 2-141 Hearings 2-147 Minutes of hearings 2-144 Power of board re hearings 2-148 Jurisdiction 2-146 2111 ATLANTIC BEACH CODE CODE ENFORCEMENT BOARD—Cont'd. Section Lien, penalties .. 2-149 Duration of lien 2-150 Meetings 2-143 Power of board to adopt rules for conduct of meetings 2-148 Membership 2-141 Minutes of hearings 2-144 Officers,election of 2-143 Penalties;lien 2-149 Duration of lien 2-150 Powers 2-148 Procedure;hearings 2-147 ~Quorum 2-143 Removal,filling vacancies 2-142 -Terms of members 2-141 Vacancies, filling 2-142 CODE OF ORDINANCES* Amendments to code 1-9 Certain ordinances saved from repeal 1-5 Definitions and rules of construction 1-2 Effect of code on prior acts or rights 1-6 Effect of repeal of ordinances 1-7 General penalty;continuing violations 1-11 Headings and catchlines 1-3 -History notes and references 1-4 How code designated and cited 1-1 Repeal Certain ordinances saved from repeal 1-5 Effect of repeal 1-7 Severability of parts of code 1-8 Supplementation of code 1-10 Violations General penalty;continuing violations 1-11 COMMERCIAL VEHICLES Stopping,standing or parking buses or commercial vehicles 21-22 Zoning regulations Storage and parking of vehicles in residential districts 24-163 COMMISSION. See: CITY COMMISSION COMMISSIONS.See:DEPARTMENTS AND OTHER AGENCIES OF CITY COMMUNITY FACILITIES Zoning regulations,planned unit development(PUD) 24-136 *Note—The-adoption, amendment, repeal, omissions, effective date, expla- nation of numbering system and other matters pertaining to the use,construc- tion and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. 2112 CODE INDEX 110 COMPREHENSIVE`PLAN Section Provisions re 14-1 CONDEMNATION Garbage and trash cans 16-2(c) CONFISCATED PROPERTY Disposition of 15-16 et seq. See: POLICE DEPARTMENT CONSERVATION Waterworks system Water shortages,conservation 22-39 CONSTRUCTION - Buildings and building regulations. See that subject Subdivision regulations 24-204(e)et seq. See: SUBDIVISIONS CONTRACTORS Garbage and trash provisions Removal of lot clearing or cleaning debris by contractors . . . . 16-9 CONTRACTS Certain ordinances saved from repeal 1-5 Garbage and trash collection, removal, etc. Contracting for 16-6 When contracts and expenditures prohibited 2-314 CONTROLLED SUBSTANCES. See: DRUGS 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. Noise provisions Interfering with court 11-10 Police training Additional court costs assessed for 15-1 COWS, CATTLE Maintaining stable 4-7 CROSSWALKS Abandoned,wrecked,junked, etc., vehicles Leaving unattended on crosswalk 21-25(aX1) Stopping,standing or parking vehicle on or within crosswalks 21-17(5), (6) CRUELTY TO ANIMALS Generally 4-5 410 2113 ATLANTIC BEACH CODE D DANCING Section Zoning regulations Establishments offering dancing or live entertainment 24-155 DEATHS OF CITY EMPLOYEES Retirement system provisions 2-283, 2-284 See also: OFFICERS AND EMPLOYEES DEFACING PROPERTY,ETC. Building numbers Removing or defacing 6-111 Public sewers Defacing, damaging, etc. 22-57 Streets,sidewalks and other public places Digging into,defacing,etc.,streets,avenues,driveways,etc. . 19-2 DEMOLITION Zoning regulations Construction within the districts Demolition to comply with building and related codes 24-66(b) DENSITY OF LOTS, POPULATION, ETC. Zoning regulations 24-82(d)et seq. See:ZONING DEPARTMENTS AND OTHER AGENCIES OF CITY4110 Advisory planning board 14-16 et seq. See: PLANNING Board of trustees of city employee's retirement system 2-264 et seq. See: OFFICERS AND EMPLOYEES City commission 2-16 et seq. See: CITY COMMISSION Code enforcement board 2-141 et seq. See: CODE ENFORCEMENT BOARD Definition 1-2 Department of finance 2-71 et seq. See: FINANCES Fire department 2-61 et seq. See:FIRE DEPARTMENT Lifeguard division 2-63 Local planning agency 14-22 Police department 2-51 et seq. See: POLICE DEPARTMENT Zoning board of adjustment 24-49 Zoning,planning agency 24-48 DERRICKS Noise provisions Building operations at night 11-6 DEVELOPMENT Planned unit development(PUD) 24-126 et seq. See:ZONING 4110 2114 CODE INDEX DEVELOPMENT—Cont'd. Section Planning 14-1 et seq. See: PLANNING Subdivision regulations 24-186 et seq. See: SUBDIVISIONS Zoning regulations 24-31 et seq. See: ZONING DISABLED PERSONS City employees retirement system Disability retirement 2-279, 2-280 See also: OFFICERS AND EMPLOYEES DISASTERS Advisory planning board Duties of board re reconstruction, replanning, etc., of areas damaged by fires,floods,etc 14-20(12) DISCRIMINATION Fair housing 9-16 et seq. See:FAIR HOUSING DISEASES, DISEASE CONTROL Rabies 4-1 et seq. See: ANIMALS AND FOWL DISTRICTS Advisory planning board - Replanning,reconstruction,etc.,of districts damaged by fire, earthquake,etc 14-20(12) Flood hazard districts 8-1 et seq. See:FLOOD HAZARD DISTRICTS Zoning districts 24-101 et seq. See:ZONING DISTURBANCES OF THE PEACE - Animals and fowl Dogs or cats disturbing the peace generally 4-27 Nuisance animals 4-6 DOGHOUSES Zoning regulations Accessory uses by zoning districts 24-151(bX1) DOGS • Regulated -4-21 et seq. See:ANIMALS AND FOWL DOORS AND WINDOWS Signs and advertising structures Obstructing doors and windows 17-6 Signs,posters,etc.,prohibited on windows,doors,etc 17=8 DRAINAGE Mobile home parks and recreational vehicle parks - Designed for drainage of surface water 10-2 2115 ATLANTIC BEACH CODE DRAINAGE—Cont'd. Section 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) Abatement of nuisances, etc. See: NUISANCES Sewers Building sewers and connections Foundation drains,surface runoff,etc 22-108 Discharging groundwater, subsurface drainage, etc.,into sani- tary sewers 22-127 Zoning regulations Planned unit development(PUD) Design and construction of facilities to prevent erosion, etc. 24-136(d) DRIVEWAYS Abandoned,wrecked,junked, etc., vehicles Left unattended in front of driveways 21-25(aX1) Building sewers and connections Foundation drains,surface runoff, etc. 22-108 Digging up driveways,streets,etc. 19-2 Public sewers, use of Discharging storm water, etc., into storm sewers or natural outlets 22-128 Discharging subsurface drainage, groundwater,etc.,into sani- tary sewers 22-127 Stopping,standing and parking vehicles in driveways 21-17(2) Subdivisions,design and construction standards 24-251 Easements;drainage,watercourses 24-253 Water shortages Washing of driveways 22-39(e) DRUGS(Cocaine,marijuana,hashish,controlled substances,etc.) Drug paraphernalia Definitions .13-4 Sale,display,etc.,of paraphernalia 13-5 DUVAL COUNTY Definition of"county" 1-2 E EARTHQUAKES Advisory planning board Duties of board re replanning, reconstruction, etc., of areas damaged by earthquakes 14-20(12) EASEMENTS Subdivisions,design and construction standards 24-253 Wastewater system,powers and authority of inspectors Provisions re easements 22-154 2116 CODE INDEX EASEMENTS—Cont'd. Section Waterworks system Granting necessary easements by consumer 22-20 ELECTRIC HOISTS Noise provisions Building operations at night 11-6 ELECTRICAL CODE Certificates of competency 6-32 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Electrical inspections Fees 6-37 Inspections by electrical inspector 6-36 Interference with electrical inspector 6-40 Permit prerequisite to inspection 6-38 Right of entry of electrical inspector 6-39 Electrical permits Fees 6-37 Permit prerequisite to inspection 6-38 Required, to whom issued 6-35 Signs and advertising structures 17-12 Employing only certified electricians by master electricians; exception 6-34 Improper use of name of licensed master electricians 6-33 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 Signs and advertising structures Compliance with electrical code 17-12 Electrical permits 17-12 Installation of electrical wiring, etc., by licensed electrician 17-13 Proximity to electrical conductors 17-15 Static electricity 17-14 Standards for materials, installations, etc 6-31 ELECTRICITY Public service tax on electricity 20-16 et seq. See: TAXATION EMERGENCIES Beaches, closing during emergencies 5-1 Noise provisions Building operations at night in case of emergency 11-6 Stopping, standing or parking of vehicles for emergency repairs . 21-21(2) Waterworks system Right of city to restrict use of water in cases of emergency 22-36 Water shortages 22-39 EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES Supp. No. 1 2117 ATLANTIC BEACH CODE ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLO- Section SURES ENGINES Muffling of blowers, power fans and engines 11-7 ENTERTAINMENT Zoning regulations Establishments offering dancing or live entertainment 24-155 ESTATES Definition of "person" to include estate 1-2 EXCAVATIONS Abandoned wells, excavations, etc. Nuisance provisions 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excava- tions 21-25(aX1) Building sewers and connections Barricading, restoring excavations 22-111 Excavations, conformance with building and plumbing codes 22-106 Stopping, standing or parking vehicle alongside or opposite any street excavation 21-17(7) Streets, digging up prohibited 19-2 EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 F FATtt no a v=(tai t 1 Yx�iiu ,i+iilx 1,u thse *» 1 ate, color , ile i, ren gion, national origin, etc.) Complaints 9-20 Definitions 9-16 Educational activities 9-19 Enforcement by civil action 9-24 Exemptions 9-23 Financing of houses, discrimination in 9-22 Interference, coercion or intimidation 9-24 Multiple listing services 9-18 Prohibited conduct 9-17 Remedies Use of remedies of provisions, other remedies 9-21 Violations 9-25 Complaints 9-20 Enforcement by civil action 9-24 Use of remedies 9-21 FAIRS Water service, temporary 22-19 Supp. No. 1 2118 CODE INDEX FALLOUT SHELTERS Section Zoning regulations Accessory uses and structures . 24-151(bXl) FENCES, WALLS, HEDGES AND ENCLOSURES Animal shelter Breaking open fences, gates or enclosures of animal shelter 4-3 Nuisances enumerated Structurally unsound fences 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES Signs and advertising structures Signs, posters, etc., prohibited on gates, fences, walls, etc17-8 Swimming pools Enclosure to comply with building code and zoning regulations 6-92 Zoning regulatins 24-135(b) et seq. See: ZONING FIDUCIARIES Definition of "person" to include fiduciaries 1-2 FILLING STATIONS Removal of spent oils or greases accumulated at 16-9 Zoning regulations Supplementary regulations for service stations 24-165 FILTH Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES FINANCES Allotments constitute basis of expenditures and are subject to revision 2-312 Appropriations Allotments constitute basis of expenditures and subject to revision 2-312 Certain ordinances saved from repeal 1-5 Lapse of appropriations 2-315 Transfer of appropriations 2-313 When contracts and expenditures prohibited 2-314 Certain ordinances saved from repeal 1-5 Contracts. See also that subject When contracts and expenditures prohibited 2-314 Department of finance Created 2-72 Director of finance Appointment 2-71 Assisting in preparation of budget; accepting other respon- sibilities 2-76 Duties generally 2-74 Financial information 2-75 Investment of funds 2-73 Duties 2-78 Functions 2-77 Supp. No. 1 2119 ATLANTIC BEACH CODE FINANCES—Cont'd. Section Director of finance. See herein: Department of Finance Dishonored checks 2-317 Fees paid to city government 2-316 Fiscal year 2-311 Lapse of appropriations 2-315 Purchasing 2-331 et seq. See: PURCHASES, PURCHASING Taxation 20-16 et seq. See: TAXATION Transfers of appropriations 2-313 Uniform travel policy and procedure 2-356 et seq. See: TRAVEL FINANCING OF HOUSING Discrimination in ........ ............e,,,. 9-22 See also: FAIR HOUSING FINES, FORFEITURES AND PENAL'1'1liES. See also specific subjects General penalty; continuing violations 1-11 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code FINGERPRINTING Solicitors 18-17 FIRE DEPARTMENT Chief of fire department Appointment 2-61 Compensation 2-61 Duties and authority 2-62 rix. s,okle Appeals from actions -of chief 7.19 Enforcement of code by chief 7-17 Modifications of code by chief 7-18 Director of public safety Supervision of fire department 2-41 Fire chief. See herein: Chief of Fire Department Life guard division 2-63 FIRE ESCAPES Signs obstructing 17-6 FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within fifteen feet of hydrant 21-25(aX1) Stopping, standing or parking vehicle within fifteen feet of hydrant 21-17(4) Water shortages Permitting water to be used from fire hydrants 22-39(eX4) Supp. No. 1 2120 CODE INDEX FIRE PREVENTION AND PROTECTION Section Arsonists Reward for information leading to conviction of 7-1 Code. See herein: Fire Prevention Code Fire prevention code Adoption 7-16 Appeals from actions of chief of fire department 7-19 Enforcement 7-17 Modifications 7-18 Violations Penalty; separate offenses; removal of prohibited conditions 7-20 Reward for information leading to conviction of arsonists 7-1 Water service charges Private fire protection service 22-30 Zoning regulations Planned unit development (PUD) Access for fire -fighting equipment 24-136(c) FIREARMS AND WEAPONS Discharging firearms, air guns, etc. 13-3 Hunting, shooting, etc., birds or wild fowl 4-4 FIRES Advisory planning board Duties re board for redevelopment, reconstruction, etc., of areas damaged by fires, floods, etc 14-20(12) Nuisances Permitting buildings to become unsafe, dangerous, etc., be- cause of fire 12-1(bX8) Abatement of nuisances, etc. See: NUISANCES Signs and advertising structures Signs creating fire hazards 17-4 Water service, provisions re meters destroyed by fire Basis for billing if meter fails to register 22-25 FIRMS Definition of "person" to include firms 1-2 FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 FLOOD HAZARD DISTRICTS Applicability of provisions 8-3 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Definitions 8-1 Enforcement 8-11 HFH and GFH districts Development of GFH districts 8-9 Development of HFH districts 8-8 Requirements applicable to 8-7 Intent 8-2 Supp. No. 1 2121 ATLANTIC BEACH CODE FLOOD HAZARD DISTRICTS—Cont'd. Section Interpretation of district boundaries 8-5 Liability of city 8-4 Maps adopted 8-6 Subdivisions Design and construction standards Soil and flood hazards 24-251(3) Variances 8-10 FLOODLIGHTS Signs and advertising structures Use of spotlights and floodlights 17-10 FLOODS Advisory planning board Duties of board re reconstruction, replan ning, etc., of areas damaged by flood 14-20(12) FOOD AND FOOD ESTABLISHMENTS Alcoholic beverage sales in restaurants, etc 3-2 et seq. Loitering in restaurants, luncheonettes, etc. 13-2 Uniform travel policy and procedure for city employees Schedule for meal allowance 2-360 Subsistence 2-361 FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances saved from repeal 1-5 FRAUD City employees retirement system Protection iwningt frr -`).97 Uniform travel policy and procedure Fraudulent claims 2-366 G GARAGES Removal of spent oils or greases accumulated at 16-9 Zoning regulations Accessory uses and structures 24-151(bX1) GARBAGE AND REFUSE Beaches, littering 5-4 Burial of garbage 16-4 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Collection Fees for collection 16-7 Garbage cans and trash containers for collection 16-2 Noncomplying trash collection 16-8 Permit for 16-6 Compost piles 16-5 Supp. No. 1 2122 CODE INDEX GARBAGE AND REFUSE—Cont'd. Section Definitions 16-1 Depositing on vacant lots, streets, parks, etc. 16-5 Fees for collection 16-7 Garbage cans and trash containers Emptying contents 16-2(d) Inspection and approval 16-2(c) Required 16-2(a) Storage 16-2(b) Garden trash 16-5 Leaves and grass clippings; tree trunks 16-3 Lot cleaning or clearing by contractors, etc. Removal of trash and debris caused from operation of 16-9 Noncomplying trash collection 16-8 Nuisances. See also that subject Abandoned building material, building rubbish, etc. 12-1(bX7) Supp. No.1 2122.1 CODE INDEX GARBAGE AND REFUSE—Cont'd. Section Abandoned debris,etc. 12-1(bX6) Depositing garbage,etc - 1.2-1(bX2) Depositing rubbish 12-1(bX3) Oil and grease accumulated at garages,filling stations,etc. Removal of 16-9 Permit for collection,removal,transportation and disposal 16-6 Production of garbage,prima facie evidence of 16-10 Public sewers, use of Limitations on discharge concentrations or quantities 22-130 Prohibited discharges of unground garbage,etc 22-129(4) Removal of lot clearing,contractors'debris,etc 16-9 Tree trunks, limbs, etc. 16-3 Zoning regulations Planned unit development(PUD) Refuse collection, access for - 24-136 GARDEN TRASH Provisions re disposition of 16-5 GARDENS Waterworks system Water shortages;irrigation of flowers,foilage,etc 22-39 GAS 110 Mechanical code Gas piping permit fee 6-77(2) Public service tax on gas,electricity,etc 20-16 et seq. See: TAXATION Public sewers,use of Prohibited discharges 22-129 GASOLINE Public sewers,use of Prohibited discharges 22-129 GAZEBOS Zoning regulations Accessory uses by zoning district 24-151(bXl) GENDER Defined 1-2 GLASS Nuisances. See also that subject Open storage of glass,building material,etc 12-1(bX7) Public sewers,use of Prohibited discharges of metal,glass,etc 22-129(4) GONGS Noise. See also that subject Noise in public places generally 11-2 _• Use of gongs on vehicles 11-4 2123 ATLANTIC BEACH CODE GRASS CLIPPINGS Section Public sewers,use of Prohibited discharges of grass clippings 22-129(4) GREASE. See: OILS, GREASE GUARDHOUSES Zoning regulations 24-158 GUNS. See: FIREARMS AND WEAPONS H HASHISH. See: DRUGS HAWKING Noise in public places generally 11-2 HEALTH AND SANITATION Animal and fowl provisions Interfering with health officer 4-2 Establishments offering dancing or live entertainment, zoning regulations Adverse effect upon public health,safety,etc 24-155 Noise provisions Noise which endangers health or safety of others 11-1 Nuisances enumerated Unsanitary conditions, conditions injurious to health of com- munity, etc. 12-1 110 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM HEAT PUMPS Building sewers and connections Drainage from water-source heat pumps 22-108 Discharging water from heat pumps,nuisance provisions 12-1(b) Abatement of nuisances, etc. See: NUISANCES Public sewers,use of Discharging unpolluted waters from heat pumps into sani- tary sewers 22-127 Waterworks system Water shortages Watering lawns by heat pumps 22-39(b) HEIGHT LIMITS Signs and advertising structures Minimum height above sidewalks 17-9 Weeds,height of growth 23-36 Zoning regulations 24-82(b)et seq. See: ZONING HOGS Keeping hogs 4-7 HOME•OCCUPATIONS Wing regulations 24-159 2124 CODE INDEX • . HORNS Section Noise in public places generally 11-2 HORSES Maintaining stables 4-7 HOTELS Dogs:in hotels to be muzzled,leashed,etc 4-25 HOUSING Fair housing 9-16 et seq. See:FAIR HOUSING Mobile homes 10-1 et seq. See:MOBILE HOMES AND RECREATIONAL VEHICLES HUMAN RELATIONS Fair housing 9-16 et seq. See:FAIR HOUSING HUNTING Hunting birds,wild fowl,etc 4-4 HYDRANTS. See also:FIRE HYDRANTS Abandoned,wrecked,junked, etc.,vehicles Left unattended within fifteen feet of fire hydrants 21-25(aX1) Signs and advertising structures Signs obstructing fire escapes 17-6 Signs,posters,etc.,prohibited on hydrants 17-8 Stopping,standing or parking vehicle within fifteen feet of fire hydrant 21-17(4) I IMPOUNDMENT Abandoned,wrecked,junked, etc.,vehicles Removing and impounding 21-25 Towage and storage charges 21-26 Animal provisions 4-2 et seq. See: ANIMALS AND FOWL IMPROVEMENTS Advisory planning board List of recommended capital improvements 14-20(6) Recommending improvements for city 14-20(11) Subdivision improvements 24-221 et seq. See: SUBDIVISIONS INSECTS,INSECT CONTROL Nuisances enumerated Allowing stagnant water to accumulate, prevention of the propagation of mosquitoes 12-1(bX4) Abatement of nuisances,etc. See: NUISANCES INSURANCE City employees retirement system Insurance coverage for retirants and beneficiaries 2-293 2125 ATLANTIC BEACH CODE INSURANCE—Cont'd. Section Insurance premium taxes 20-76 et seq. See:TAXATION Old-age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES Signs and advertising structures Liability insurance required for certain signs 17-3 INTERSECTIONS Abandoned, wrecked,junked,etc.,vehicles Leaving unattended within intersection 21-25(aX1) Signs and advertising structures Obstructing vision or view 17-5 Stopping, standing or parking vehicles within twenty feet of intersection 21-17(3) Subdivisions Design and construction standards Intersections of right angles 24-252(f) Property lines rounded at intersections 24-252(g) INTOXICATING LIQUOR. See: ALCOHOLIC BEVERAGES J JUNK Parking,storing or leaving of junked vehicles 21-24 et seq. See: TRAFFIC - L ' LAKES. See: WATERCOURSES,WATERWAYS LANDSCAPING Zoning regulations Planned unit development(PUD) 24-135(f) LAWNS Waterworks system Water shortages;irrigation of lawns 22-39 LEASHING DOGS Provisions re 4-25 LEAVES AND GRASS CLIPPINGS Garbage and refuse collection and disposal 16-3 LICENSES AND PERMITS Alcoholic beverages Persons not holing licenses to sell 3-3 Building sewers and connections,permits 22-102,22-103 Digging up streets Permit required of public utilities 19-2 Electrical permits 6-35 et seq. See:-ELECTRICAL CODE 2126 - CODE INDEX LICENSES AND PERMITS—Cont'd.. Section Garbage and trash collection,removal, etc. Permit for 16-6 Licensed master electricians 6-33 et seq. Loudspeakers equipment,permit for operation of 11-8 Mechanical permits 6-77 Occupational license tax 20-51 et seq. See:TAXATION Parades and processions,permits for 21-2 Plumbing permit 6-58 et seq. See: PLUMBING CODE Private wastewater disposal,permits 22-88 Public address or loudspeaker equipment,permit for operation of 11-8 Sign permits 17-31 et seq. See: SIGNS AND ADVERTISING STRUCTURES Solicitor permits 18-16 et seq. See: SOLICITORS, PEDDLERS,ETC. Subdivisions Construction permits 24=206 Trees Building official Authority regarding supervision of work,under permits 23-17 Permits for removal of trees 23-18 Zoning Building permits 24-47(7), 24-65 Implementation of planned unit development Permits required 24-134(d) Permits for temporary construction trailers or structures 24-66 LIENS Code enforcement board,provisions re liens 2-149, 2-150 Weeds,cost for removal - Special assessment liens 23-40 LIFE GUARD DIVISION Division of fire department 2-63 LIFEGUARDS Beaches. See also that subject Parking of sailboats not to obstruct lifeguard activities 5-6 LIGHTS,LIGHTING Alcoholic beverage establishments Lighting requirements on premises 3-9 Mobile home parks and recreation vehicle parks - Illuminating at night 10=2(2) Signs and advertising structures Flashing,revolving or blinker-type outdoor lights 17-10 Zoning regulations - Service stations 24-165(4) 4110 Swimming pools,lighting 24-164(1) 2127 ATLANTIC BEACH CODE LITTERING Section Beaches . . . . ... . . . . . . ... ... ........... 5-4 LIVE ENTERTAINMENT Zoning regulations 24-155 LOCAL PLANNING AGENCY Advisory planning board designated as 14-22 See also: PLANNING LOITERING Provisions re 13-2 LOST PROPERTY Disposition of by police 15-16 See:;POLICE_DEPARTMENT LOTS Depositing garbage,trash,etc.,on vacant lots 16-5 Garbage and trash collection and removal Removal of lot clearing and cleaning debris from lots 16-9 Subdivisions Design and construction standards 24-255 Vacant lots • Dogs and cats running at large 4-24 Zoning regulations 24-82(c)et seq. See: ZONING LOUDSPEAKERS Alcoholic beverage estaliiShments Playing of,musical or-noiseproducing equipment outside of buildings 3-10 Noise provisions 11-8 M MAIL Definition of"registered mail" 1-2 MAPS Advisory planning board Recommending proposed changes in official map of city 14-20(3) Subdivision,preliminary plats Vicinity map 24-204 Zoning map Administrative official's powers and responsibilities 24-47(4), (5) Certain ordinances saved from repeal 1-5 MARIJUANA. See: DRUGS MARQUEE OR AWNING SIGNS Permitted signs 17-2(bX6) Additionalprovisions re signs. See: SIGNS AND ADVER- TISING STRUCTURES MAYOR-COMMISSIONER. See: CITY COMMISSION 2128 CODE INDEX MECHANICAL CODE Section Adoption 6-76 Inspection fee 6-77 MERCHANDISE Zoning regulations Display of used merchandise outside of business 24-154 METERS Water meters 22-21 et seq. See: WATERWORKS SYSTEM MILITARY City employees retirement system Military service credit 2-275 MINIWAREHOUSES Zoning regulations 24-160 MINORS Child care centers Zoning regulations 24-152 Children playhouses Zoning regulations Accessory uses by zoning district 24-151(bXl) Definition of "person" to include children 1-2 Nuisances Abandoned refrigerators, vehicles, etc., proving hazards for inquisitive minors 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES MISDEMEANORS State misdemeanors 13-1 MOBILE HOMES AND RECREATIONAL VEHICLES (Mobile homes, campers, travel trailers, boats, etc.) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Definitions 10-1 Minimum requirements for parks 10-2 Stopping, standing or parking of recreational vehicles 21-22(b) Zoning regulations 24-151(bXl), 24-163 Water shortages Washing of trailers, boats, etc 22-39(e) Zoning regulations Accessory uses by zoning district Parking of recreational vehicles 24-151(bXl) Storage and parking of vehicles and equipment in residen- tial districts 24-163 Temporary construction offices 24-168 Temporary residence, campers and trailers 24-82(h) MONTH Defined 1-2 Supp. No. 1 2129 ATLANTIC BEACH CODE MONUMENTS Section Subdivisions Design and construction standards Required improvements, monuments 24-256 MOSQUITOES Nuisances enumerated Preventing propagation of mosquitoes 12-1(bX4) Abatement of nuisances, etc. See: NUISANCES MOTOR VEHICLES AND OTHER VEHICLES Beaches Barricades preventing entry of vehicles and other traffic 5-18 Operation of motorized apparatus within 200 feet of beach 5-7 Safety zones, use of vehicles prohibited 5-17 Impounding vehicles for animals Breaking open gate, etc., of vehicle 4-3 Noise. See also that subject Blowing horns; taxicab drivers soliciting passengers; etc11-2 Use of sirens, whistles, etc., on vehicles 11-4 Nuisances enumerated 12-1(bX6), (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 Traffic regulations 21-1 et seq. See: TRAFFIC Water shortages Washing of vehicles 22-39(e) Zoning regulations 24-163 et seq. See: ZONING MOTORIZED APPARATUS Beaches Operation of motorized apparatus within 200 feet of beach 5-7 MUFFLERS Noise provisions Muffling of blowers, power fans and engines 11-7 MULES Maintaining stable 4-7 MUSIC Alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 Noise provisions 11-2 et seq. See: NOISE MUZZLES Dogs 4-25, 4-28 Supp. No.1 2130 CODE INDEX N NATIONAL ORIGIN Section Discrimination because of, fair housing 9-16 et seq. See: FAIR HOUSING NESTS OF BIRDS OR WILD FOWL Molesting, etc. 4-4 NIGHTTIME Mobile home parks and recreational vehicle parks Park or camp areas to be illuminated properly all night 10-2(2) Noise provisions Building operations at night 11-6 NOISE Alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 Animal or bird noises 11-9 Animals or fowl persistently making noise, etc 4-6 Dogs and cats disturbing the peace 4-27 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(bX5) Building operations at night 11-6 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD General prohibitions 11-1 Loudspeakers Hours of use; permit requirements 11-8 Loudspeakers, alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 Muffling of blowers, power fans and engines 11-7 Musical instruments Alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 Noise in public places generally 11-2 Playing of instruments generally 11-5 Use of instruments outdoors on own premises 11-3 Noise -producing equipment Alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 Use of instruments outdoors on own premises 11-3 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(bX5) Public places, noise in generally 11-2 Schools, courts, churches Interfering with 11-10 Sirens, whistles, gongs, etc. Use of on vehicles prohibited 11-4 Supp. No. 1 2131 ATLANTIC BEACH CODE NOISE—Cont'd. Section Zoning regulations Planned unit development (PUD) Privacy, reduction of noise 24-135(0 NONCONFORMING STRUCTURES Signs and advertising structures 17-17 NONCONFORMING USES OR BUILDINGS Zoning regulations 24-85 NUISANCES Abandoned, wrecked, junked, etc., vehicles Declared nuisance 21-24(b) Abatement of conditions 12-2 Animals and fowl, nuisance provisions 4-4 et seq. See: ANIMALS AND FOWL Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Enumerated 12-1 Notices, hearings, abatement of conditions 12-2 Public sewers, use of Prohibited discharges creating public nuisance 22-129(2) Signs not kept in good condition, state of repair, etc., consti- tutes public nuisance 1? -7 Violations, penalty 12-3 Zoning regulations Establishments offering dancing or live entertainment, cre- ation of nuisance 24-155 NUMBER Defined 1.9 NUMBERING OF BUILDINGS Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS Subdivisions Design and construction standards Street names and house numbers 24-252(j) NUMBERING OF MOBILE HOME SPACES, ETC. Requirements for mobile home parks and recreational vehicle parks 10-2(7) 0 OATH Code enforcement board's power to take testimony under oath . 2-148 Defined 1-2 OBSTRUCTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite obstructions, cre- ating obstructions, etc. 21-25 Supp. No. 1 2132 CODE INDEX OBSTRUCTIONS—Cont'd. Section Lifeguard activities at beaches Parking of sailboats not to obstruct 5-6 Obstructing access to public buildings, etc 13-2 Supp. No. 1 2132.1 • CODE INDEX OBSTRUCTIONS—Cont'd. Section Obstructing free passage over streets, sidewalks or other pub- lic ways 19-1 Ocean beach, safety zone Maintaining suitable obstructions or barricades 5-18 Public sewers, use of Discharges causing obstructions to flow in sewers 22-129(4) Signs and advertising structures Obstructing doors,windows and fire escapes 17-6 Obstructing vision or view 17-5 Signs interfering with use of streets and sidewalks 17-4 Stopping, standing or parking vehicles alongside or opposite any street excavation or obstruction 21-17(7) Zoning regulations Obstructions in yards 24-84 OCEAN BEACH Safety zone of Ocean Beach 5-16 et seq. See: BEACHES OCCUPATIONAL LICENSE TAX Provisions re 20-51 et seq. See: TAXATION ODORS 411 Garden trash giving off offensive odors 16-5 Nuisances. See also that subject Keeping of animals,chickens,etc.,creating noxious odors 12-1(bX5) 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 in- dexed alphabetically according to subject OFFICERS AND EMPLOYEES Animal control officer 4-1 Benefits of employees 2-241 et seq. See also herein specific subjects Board of trustees of city employee's retirement system. See herein: Retirement System Building official 6-108 et seq. See: BUILDINGS AND BUILDING REGULATIONS Chief of fire department 7-17 et seq. See: FIRE DEPARTMENT Chief of police 2-51 et seq. See: POLICE DEPARTMENT Compensation, salaries, etc. Certain ordinances saved from repeal 1-5 Deaths 111 Retirement system. See herein that subject 2133 ATLANTIC BEACH CODE OFFICERS AND EMPLOYEES—Cont'd. Section 411111 Definition 1-2 Director of finance 2-71 et seq. See:FINANCES Director of public safety 2-41 Disability retirement Retirement system. See herein that subject Electrical inspector 6-36 et seq. See: ELECTRICAL CODE Insurance Old-age and survivors insurance. See herein that subject Joint authority Defined 1-2 Life guard captain 2-63 Old-age and survivors insurance Appropriations and payment of contributions by city 2-244 Custodian of funds and withholding and reporting agent Designation of 2-248 Exclusions 2-246 Executive of agreements by mayor-commissioner 2-242 Records and reports 2-245 Social Security Act,acceptance of 2-247 Statement of policy 2-241 Withholdings from wages 2-243 Pensions Old-age and survivors insurance. See herein that subject Retirement system. See herein that subject Retirement system Assignments prohibited 2-295 Benefit groups 2-263 Board of trustees Actuarial data;report to city commission 2-265 Compensation 2-269 Composition 2-266 Meetings,quorum,voting 2-269 Responsibilities and duties generally 2-264 Term of office;oath of office 2-267 Vacancy,filling 2-68 Voting 2-269 Chairperson, secretary, treasurer, etc. 2-270 Compulsory separation from employment;extensions;retirement 2-277 Created,purpose 2-261 Credited service 2-272 Loss of credited service 2-273 Military service credit 2-275 Reinstatement of credited service 2-274 Death while in city employment 2-283, 2-284 Automatic pension to spouse and/or children 2-284 Elective survivor pension 2-283 Deferred retirement upon separation from employment(vesting) 2-278 Definitions 2-262 2134 CODE INDEX OFFICERS AND EMPLOYEES—Cont'd. Section Disability retirement Continuation subject to re-examination;return to employment 2-280 General conditions for eligibility 2-279 Divisions 2-291 Errors 2-296 Expenses of administering system 2-292 Fraud,protection against 2-297 Insurance coverage for retirants and beneficiaries 2-293 Investment of retirement system assets 2-290 Level straight life pension,amount of 2-281 Membership generally 2-271 Method of making payments 2-294 Military service credit 2-275 Officers and employed services 2-270 Optional forms of pension payment 2-282 Reserve for employer contributions;city contribution 2-288 Reserve for retired benefit payments 2-287 Reserve for undistributed investment income 2-289 Subrogation rights 2-286 Undistributed investment income,reserve for 2-289 Voluntary retirement conditions 2-276 Social security Old-age and survivors insurance. See herein that subject Travel expenses Uniform travel policy and procedure 2-356 et seq. See: TRAVEL Waterworks system Right of access by city employees 22-21 Tapping of mains,etc.,restricted to city employees 22-17 OFFICIAL MAP. See: MAPS OFF-STREET PARKING Zoning regulations 24-136 et seq. See: ZONING 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 Removal of spent oils or greases accumulated at garages, fill- ing stations, etc. 16-9 ORDINANCES Code of ordinances 1-1 et seq. See: CODE OF ORDINANCES OUTDOOR LIGHTS Signs and advertising structures Use of flashing,revolving or blinker-type outdoor lights 17-10 2135 ATLANTIC BEACH CODE OWNER Section 4111 Defined 1-2 P PARADES AND PROCESSIONS Permits required for 21-2 PARKING Sailboats, parking of not to obstruct lifeguard activities at beaches 5-6 Stopping,standing and parking of vehicles 21-16 et seq. See:TRAFFIC Zoning regulations 24-136 et seq. See: ZONING PARKING LOTS Loitering in public places,etc 13-2 Water shortages Washing of parking lots 22-39(e) Zoning regulations 24-162 PARKS, PLAYGROUNDS AND RECREATION Alcoholic beverages 'Consumption,possession of open containers upon public property 3-12 Beaches. See also that subject Definition of"public place"to include parks 1-2 Dogs and cats running at large 4-24 41110 Garbage, trash,bottles, etc. Depositing in parks 16-5 Loitering in parks 13-2 Obstructing passage through parks,etc 13-2 Zoning regulations Accessory uses by zoning district Tennis, basketball, etc., and other private recreation uses 24-151(bX1) PARTNERSHIPS Definition of"person"to include partnerships 1-2 PEDDLERS. See: SOLICITORS, PEDDLERS, ETC. PEDESTRIAN EASEMENTS Subdivisions,design and construction standards 24-253(d) PEDESTRIANS Obstruction of passage of pedestrians 13-2 PENSIONS Retirement system for city employees 2-281 et seq. See: OFFICERS AND EMPLOYEES PERMITS. See: LICENSES AND PERMITS PERSON Defined 1-2 2136 CODE INDEX PICNICS Beaches, picnicking on PILE DRIVERS, STEAM SHOVELS, ETC. Noise provisions Building operations at night 11-6 PLANNED UNIT DEVELOPMENTS (PUD) Subdivisions, required improvements 24-222 Zoning regulations 24-126 et seq. See: ZONING Section 5-3 PLANNING Advisory planning board Certification of plans and recommendations to city commission Composition Created Duties Local planning agency Officers Planned unit development (PUD) Action by advisory planning board Qualifications of members Removal of members Terms of office of members Vacancies, filling Zoning. See also that subject Advisory planning board to serve as planning agency Comprehensive plan Zoning regulations See: ZONING 14-21 14-17 14-16 14-20 14-22 14-17 24-132(b) 14-17 14-19 14-18 14-18 24-48 14-1 24-31 et seq. PLATS, PLATTING Code enforcement board's power to subpoena surveys, plats, etc. 2-148 Subdivision regulations 24-186 et seq. See: SUBDIVISIONS PLUMBING CODE Adoption Building sewers and connections Conformance with plumbing code Certificates of competency Code enforcement board's jurisdiction re See: CODE ENFORCEMENT BOARD Mobile home parks and recreational vehicle parks Plumbing to comply with plumbing code Permits Determination of ownership of secondhand fixtures prior to issuance Fee To whom issued Supp. No. 1 2137 6-56 22-106 6-57 2-146 10-2(5) 6-58 6-59 6-60 ATLANTIC BEACH CODE PLUMBING CODE—Cont'd. Waterworks system Approval of plumbing prior to connection with water system 22-35 PNEUMATIC HAMMERS Noise provisions Building operations at night 11-6 POISONOUS SOLIDS, LIQUIDS OR GASES Public sewers, use of Prohibited discharges 22-129 POLE SIGNS Permitted signs 17-2(bX5) Additional provisions re signs. See: SIGNS AND ADVER- TISING STRUCTURES POLES AND WIRES Signs and advertising structures Signs, posters, etc., prohibited on utility poles, telephone poles, etc. 17-8 Trees Damaging by permitting wires, chains, etc., to be installed around tree 23-19 Zoning regulations Height limitations for flagpoles, etc. 24-156(b) POLICE DEPARTMENT Additional court costs assessed for police training 15-1 Animal and fowl provisions Interfering with police officer 4-2 Chief of police Appointment. compensation 2-51 Confiscated or lost property, disposition of Duties of chief 15-16 et seq. Duties and authority 2-52 Powers and authority 2-53 Confiscated or lost property, disposition of Destruction 15-20 Hours of sales 15-19 Notice of sales 15-18 Sale of confiscated property 15-16 Sale of lost and found property 15-17 Transfer of unclaimed or confiscated property Transfer for use by city or other governmental agency 15-21 Director of public safety Supervision of police department 2-41 Powers and authority of deputies and chief 2-53 POLLUTION Building sewers and connections Disposal of polluted surface drainage 22-108 Public sewers Discharging polluted waters into natural outlets, etc. 22-72 Supp. No. 1 Section 2138 CODE INDEX POWER FANS Muffling of Supp. No. 1 2138.1 Section 11-7 CODE INDEX 4110 PRECEDING,FOLLOWING Section Defined 1-2 PRIVIES,PRIVY VAULTS Constructing 22-73 PROPERTY Confiscated or lost property Disposition of 15-16 et seq. See: POLICE DEPARTMENT Dogs or cats damaging property 4-26 Insurance premium taxes Property insurance 20-77 PUBLIC ADDRESS OR LOUDSPEAKER SYSTEMS Noise provisions 11-8 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES PUBLIC SAFETY Director of public safety 2-41 Fire department 2-61 et seq. See:FIRE DEPARTMENT Police department 2-51 et seq. See: POLICE DEPARTMENT PUBLIC SERVICE TAX Provisions re 20-16 et seq. See: TAXATION PURCHASES,PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting " 2-332 Opening procedure 2-334 When required 2-331 Open market procedures 2-337 Payments 2-339 Scope of purchasing authority 2-338 R RABIES Animals and fowl,rabies provisions 4-1 et seq. See:ANIMALS AND FOWL • RACIAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RADIO AND TELEVISION TOWERS Zoning regulations,height limitations 24-156 2139 ATLANTIC BEACH CODE RADIOACTIVE FALLOUT Section • al Fallout shelters,zoning regulations Accessory uses by zoning district 24-151(bXl) RADIOACTIVE WASTES OR ISOTOPES Public sewers,use of Limitations on discharge concentrations or quantities • 22-130(7) REAL ESTATE BROKERS Fair housing 9-16 et seq. RECREATIONAL VEHICLES (Campers, travel trailers, boats, etc.) Provisions re 10-1 et seq. See:MOBILE HOMES AND RECREATIONAL VEHICLES REFRIGERATORS Abandoned refrigerators,nuisance provisions 12-1(bX6),(7) Abatement of nuisances, etc. See: NUISANCES REFUSE. See: GARBAGE AND REFUSE REGISTRATION Dogs and cats 4-22 Solicitors - 18-17 RELIGIOUS DISCRIMINATION Fair housing 9-16 et seq. See:FAIR HOUSING RENTALS Fair housing 9-16 et seq. See: FAIR HOUSING Waterworks system Initial payment of minimum water rental 22-18 REPEAL OF ORDINANCES. See: CODE OF ORDINANCES RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS RETIREMENT Retirement system for city y employees 2-261 et seq. See: OFFICERS AND EMPLOYEES REWARDS Arsonists Reward for information leading to conviction of 7-1 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 Buses or commercial vehicles Stopping, standing or parking upon street or right-of-way 21-22 Maintenance of signs on state highway rights-of-way " 17-35 2140 CODE INDEX RIGHTS-OF-WAY—Cont'd. Section Recreational vehicles Stopping,standing or parking in street or right-of-way 21-22 Subdivisions Design and construction standards Required improvements, clearing and grading of rights-of- way . . . 24-257 Streets Minimum rights-of-way and paving width 24-252(h) ROOF DOWNSPOUTS Building sewers and connections Connection of downspouts 22-108 ROOF RUNOFF OF STORM WATER, ETC. Discharging into sanitary sewers 22-127 ROOF SIGNS Permitted signs 17-2(b)(4) Additional provisions re signs. See: SIGNS AND ADVER- TISING STRUCTURES RUBBISH. See also: GARBAGE AND REFUSE Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES 4110 S SAFETY. See: PUBLIC SAFETY SAFETY ZONES AT BEACH Provisions re 5-16 et seq. See: BEACHES SAILBOATS Beaches Parking of sailboats not to obstruct lifeguard activities 5-6 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 Noise provisions Crying or calling out sale of goods at auctions,etc 11-2 Loudspeaker equipment for advertising or sales purposes 11-8 Solicitors selling goods,wares or merchandise 18-1 et seq. Standing or parking vehicle for purpose of displaying it for sale 21-21 SCHOOL YARDS 1111 Definition of"public place"to include school yards 1-2 2141 ATLANTIC BEACH CODE SCHOOLS Section Alcoholic beverage establishments,location of 3-6 Noise provisions Interfering with school 11-10 SECONDHAND PLUMBING FIXTURES Plumbing permits Determination of ownership of secondhand fixtures prior to issuance 6-58 SECURITY BUILDINGS Zoning regulations 24-158 SEPTIC TANKS Constructing 22-73 SERVICE STATIONS Zoning regulations 24-165 SETBACKS Mobile home parks and recreational vehicle parks Setback requirements 10-2(3) Signs and advertising structures Setback requirements 17-12 Subdivisions - Design and construction standards Building setback lines 24-255(f) Zoning regulations Swimming pools, setbacks 24-164(2) 1111 SEVERABILITY OF PARTS OF CODE Provisions re 1-8 SEWERS AND SEWAGE DISPOSAL Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM SEXUAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING SHACKS Zoning regulations Temporary residence 24-82(h) SHAFTS,ABANDONED Nuisances enumerated 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES SHALL; MAY Definition 1-2 SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUB- LIC PLACES - SIGNS AND ADVERTISING STRUCTURES Blinkers,beacons and spotlights 17-10 2142 CODE INDEX SIGNS AND ADVERTISING STRUCTURES—Cont'd. Section Bond or public liability insurance Required for certain signs 17-3 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Concealing rear of sign structure 17-16 Damaged signs, removal of 17-7 Doors and windows Signs obstructing 17-6 Signs, posters, etc., prohibited on 17-8 Electric code, compliance with 17-12 Electrical conductors, proximity to 17-15 Electrical permits 17-12 Electrical wiring, installation of 17-13 Electricity, static 17-14 Exemptions Certain signs exempted from operation of provisions 17-1 Fire and traffic hazards Signs creating 17-4 Fire escapes, signs obstructing 17-6 Flashing, revolving or blinker -type outdoor lights 17-10 Flat signs Permitted signs 17-2(bX1) Height Minimum height above sidewalks 17-9 Horizontal projecting signs Permitted signs 17-2(bX2) Insurance required for certain signs 17-3 Maintenance generally; removal of damaged signs 17-7 Maintenance of signs on state highway rights-of-way 17-35 Marquee or awning signs Permitted signs 17-2(b)(6) "No soliciting" or "no peddlers" signs on premises 18-2(3) Noise interfering with schools, courts or churches Conspicuous signs to be displayed in streets, etc 11-10 Nonconforming signs 17-17 Obstructing doors, windows and fire escapes 17-6 Obstructing vision or view at street intersections, etc 17-5 Permits Application for 17-32 Computation of sign area 17-33 Electrical permits 17-12 Fees 17-34 Maintenance of signs on state highway rights-of-way 17-35 Required 17-31 Permitted signs 17-2 Pole signs Permitted signs 17-2(bX5) Rear of sign structure, concealing 17-16 Roof signs Supp. No. 1 2143 ATLANTIC BEACH CODE SIGNS AND ADVERTISING STRUCTURES—Cont'd. Section Permitted signs 17-2(bX4) Securing signs 17-11 Setback requirements 17-12 Sidewalks. See herein: Streets and Sidewalks Sign area, computation of 17-33 State highway rights-of-way Maintenance of signs on 17-35 Streets and sidewalks Minimum height above sidewalks; maximum projection 17-9 Signs interfering with use of 17-4 Signs, posters, etc., prohibited on sidewalks or streets 17-8 Traffic. See also that subject Confusion with, use of words on traffic -control signs 17-5 Signs creating traffic hazards 17-4 Signs obstructing vision or view 17-5 Utility poles Signs, posters, etc., prohibited on 17-8 Vertical projecting signs Permitted signs 17-2(bX3) Walls, fences, etc. Signs, posters, etc., prohibited on 17-8 Windows. See herein: Doors and Windows Zoning regulations 24-166 Posting signs on property undergoing zoning proceedings 24-47(9) SIRENS Noise provisions Use of sirens on vehicles . 11-4 SITES Zoning regulations . .. 24-103(d) See: ZONING SLEEPING Loitering, sleeping, etc., in streets, parks, etc 13-2 SMOKESTACKS Zoning regulations Height limitations 24-156 SOCIAL SECURITY Old -age and survivors insurance 2-241 et seq.. See: OFFICERS AND EMPLOYEES SOIL Subdivisions Design and construction standards Soil and flood hazards 24-251(3) SOLICITORS, PEDDLERS, ETC. Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Supp. No. 1 2144 CODE INDEX SOLICITORS, PEDDLERS, ETC.—Cont'd. Definition of "solicitor" Entering upon residential premises under false pretenses Noise. See also that subject Crying or calling out by hawkers, taxicab drivers soliciting passengers, etc. Noise in public places generally Supp. No. 1 2144.1 Section 18-1 18-2 11-2 11-2 CODE INDEX 4110 SOLICITORS, PEDDLERS, ETC.—Cont'd. Section Playing of musical instruments for purpose of soliciting money, etc. 11-5 "No soliciting" or "no peddlers" signs on premises Entering premises where signs are displayed 18-2(3) Permits Exceptions 18-21 Fees 18-18 Issuance 18-19 Registration and fingerprinting required 18-17 Required 18-16 Revocation 18-20 Prohibited acts 18-2 Remaining on premises after occupant has requested such per- son to leave 18-2(2) SPOTLIGHTS Signs and advertising structures Use of spotlights,floodlights 17-10 STABLES Maintaining 4-7 STAGNANT WATER Nuisances. See also that subject Allowing or permitting stagnant water to accumulate 12-1(b)(4) STATE HIGHWAY RIGHTS-OF-WAY Maintenance of signs on 17-35 STATE MISDEMEANORS Committing 13-1 STATE OF FLORIDA Definition 1-2 STATE TRAFFIC LAW Adoption of Florida Uniform Traffic Control Law 21-1 STATIC ELECTRICITY Signs and advertising structures, provisions re static electricity 17-14 STEAM SHOVELS Noise provisions Building operations at night 11-6 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 2145 ATLANTIC BEACH CODE STORAGE—Cont'd. Section 41111 Garbage and refuse 16-2(b) Zoning regulations Accessory uses and structures Storage/tool sheds 24-151(bX1) Storage and parking of vehicles and equipment in residen- tial districts 24-163 STORM DRAINAGE. See: DRAINAGE STORM WATER Discharging into sanitary sewers 22-127 Discharging into storm sewers or natural outlets 22-128 Zoning regulations Planned unit development(PUD) Design and construction of storm sewer facilities 24-136(d) STREAMS. See: WATERCOURSES,WATERWAYS 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 Commercial and recreational vehicles Stopping,standing or parking upon any street 21-22 41110 Definitions 1-2 Digging up streets. See herein: Excavations Dogs on streets to be leashed,muzzled,etc 4-25 Dogs or cats running at large on public streets 4-24 Excavations Abandoned,wrecked,junked,etc.,vehicles Leaving unattended alongside or opposite street excavations . 21-25(aX2) Digging up streets prohibited; exception as to public utili- ties; etc. 19-2 Stopping, standing or parking vehicles alongside or opposite any street excavation 21-17(7) Garbage,trash,etc. Depositing on streets,etc 16-5 Loitering,obstructions,etc.,in public places 13-2 Mobile home parks and recreational vehicle parks Requirement for streets 10-2 Naming, renaming Certain ordinances saved from repeal - 1-5 Noises. See also that subject, Creating excessive noise on streets adjacent to schools,churches, etc. 11-10 Loudspeakers,use of in public places 11-8 Noises in public places generally 11-2 Playing a musical instrument in public places 11-5 2146 CODE INDEX STREETS, SIDEWALKS AND OTHER PUBLIC PLACES—Cont'd. Section Use of noise -producing instruments outdoors on own premises Facing upon public or private streets 11-3 Nuisances. See also that subject Acts, occurrences and conditions constituting nuisances and public places 12-1 Discharging water from water -source heat pumps onto pub- lic streets 12-1(b) Storing, depositing, etc., garbage, sewage, etc., in streets 12-1(bX2) 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 Public place defined 1-2 Signs and advertising structures Interference with use of streets and sidewalks 17-4 Maximum height above sidewalks 17-9 Obstructing vision or view at street intersection 17-5 Signs, posters, etc., prohibited on streets and sidewalks 17-8 Stopping, standing or parking vehicle alongside or opposite street excavation 21-17(6) Stopping, standing or parking vehicle on sidewalks 21-17(1) Subdivisions Design and construction standards 24-252 Vacating Certain ordinances saved from repeal 1-5 Waterworks system Extensions of water mains in existing streets 22-38 Zoning regulations Planned unit development (PUD) Street design 24-136(e) SUBDIVISIONS Adoption; authority 24-1 Advisory planning board, duties re subdividing land 14-20 Amendments 24-4 Application procedure Completion of improvements prior to recording of plat 24-232 Concept plan; submittals and review process Fees 24-203(c) Required submittals 24-203(a) Review process 24-203(b) Time limit 24-203(d) Construction plans, specifications and permits Certification of permanent reference marker location 24-206(e) Supp. No. 1 2147 ATLANTIC BEACH CODE SUBDIVISIONS—Cont'd. Section City commission action 24-206(d) Intent 24-206(a) Issuance of construction permit 24-206(0 Required submittals 24-206(b) Sewer and water commitment 24-206(c) Term of construction permit and revocation 24-206(g) Unlawful to construct without construction permit 24-206(h) Final plat; submittals and review process Fees 24-205(c) Required submittals 24-205(a) Review process 24-205(b) General requirements 24-201 Permits. See within this subheading: Construction Plans, Specifications and Permits Plat review procedure 24-202 Preliminary plat; submittals and review process Construction plan and specification review 24-204(e) Fees 24-204(c) Required submittals 24-204(a) Review process 24-204(b) Time limit 24-204(d) Vacation of plats 24-189 Blocks Design and construction standards 24-254 Building setback lines Design and construction standards, lots 24-255(0 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Construction r�',JV ,YAYLV &=t lil'cc ctructicn 21, 221 Design and construction standards. See herein that subject Final plat Construction plans and specifications 24-205(aXl) Preliminary plat Construction plan 24-204(e) Construction plans Application procedure. See herein that subject Definitions 24-17 Design and construction standards Blocks 24-254 Conformity to city policies 24-251(1) Construction plans and specifications, general 24-251(5) Easements Drainage, watercourses 24-253(b) Other drainage easements 24-253(c) No city expense 24-253(e) Pedestrian and service easements 24-253(d) Utilities 24-253(a) General construction methods 24.251(4) General requirements 24-251 Supp. No. 1 2148 CODE INDEX 0 . SUBDIVISIONS—Cont'd. Section Lots Building setback lines 24-255(f) Corner residential lots 24-255(c) Dimensions 24-255(b) Double frontage lots 24-255(e) Generally 24-255(a) Street access 24-255(d) Natural features, use of 24-251(2) Required improvements Clearing and grading of rights-of-way 24-257 Monuments 24-256 Sewer and water 24-258 Soil and flood hazards 24-251(3) Streets Access to paved public streets required 24-252(c) • Arrangements of streets 24-252(b) Concept and principles 24-252(a) Dead-end streets 24-252(i) Intersections of right angles 24-252(f) Minimum right-of-way and paving widths 24-252(h) Property lines rounded at intersections 24-252(g) Reserve strips prohibited 24-252(d) Street jogs 24-252(e) Street names and house numbers 24-252(j) Drainage and water management facilities Required improvements 24-221 Drainage,watercourses Design and construction standards,easements 24-253 Easements Design and construction standards 24-253 Electricity, telephone, gas other utilities Required improvements 24-221 Final plats Application procedure. See herein that subject Flood hazards Design and construction standards 24-251(3) Improvements Assurance for completion and maintenance of improvements Commencement of construction 24-231 Inspections 24-234 Issuance of certificate of completion 24-235 Maintenance security 24-233 Performance security 24-232 Required improvements Design and construction standards Clearing and grading of rights-of-way 24-257 Monuments 24-256 4110Sewer and water 24-258 Planned unit developments(PUDs) 24-222 Jurisdiction 24-3 2149 ATLANTIC BEACH CODE SUBDIVISIONS—Cont'd. Section Language and definitions Construction of language 24-16 Definitions 24-17 Lots Design and construction standards 24-255 Required improvements, monuments Lot corners 24-256(d) Monuments Required improvements 24-256 Natural features, use of Design and construction.standards 24-251(2) Off-street parking. See herein: Parking Parking Commercial, industrial:off-.street parking Design and.construction-standards Provisions re lots 24=255(b) Parks and recreation Required improvements 24.221 Pedestrian and service easements Design and construction standards 24-253(d) Performance security Assurance for completion and maintenance of improvements 24-232 Permits Construction plans,specifications and permits 24-206 Planned unit development(PUDs) Required improvements ..... ... . . . . . . ... . . . . . . . . ... ..... . 24-222 Plats Application procedures.`See herein that subject Vacation of plats. 24-189 Preliminary plats Application procedure.‘See:herein that subject Purpose and intent 24-2, 24486 Resubdivision of land 24-188 Rights-of-way, clearing and grading of Required improvements 24-257 Septic tanks Design and construction standards,provisions re lots 24-255(b) Setbacks Building setback lines Design and construction standards,lots 24-255(f) Sewer system, sanitary Required improvements 24-258 Sewerage,system, sanitary Required improvements 24-221 Sewers Construction plans, specifications and permits Sewer and water commitment 24-206(c) Soil and flood hazards Design and construction standards 24-251(3) 110 2150 • CODE INDEX SUBDIVISIONS—Cont'd. Section Street signs, traffic signs, etc. Required improvements 24-221 Streets Design and construction standards. See also herein that subject Construction plans and specifications, generally 24-251(5) Generally 24-252 Lots, street access 24-255(d) Required improvements 24-221 Traffic signs and signals Required improvements 24-221 Utilities Construction plans, specifications and permits Sewer and water commitment 24-206(c) Easements Design and construction standards 24-253 Required improvements 24-221 Vacation of plats 24-189 Waiver 187 Water, water system, etc. Application for water service in new subdivisions 22-37 Construction plans, specifications and permits Sewer and water commitment 24-206(c) Required improvements Water system 24-258 Water system, water management facilities 24-221 Wells Design and construction standards Lots, provisions re septic tanks or wells 24-255(b) Zoning regulations 24-31 et seq. See: ZONING 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, provisions re using or riding surfboards 5-5 SURVEYS Advisory planning board Special survey work of city manager Code enforcement board's power to subpoena surveys, plats, etc. SWIMMING Beaches. See that subject Supp. No. 1 2151 14-20(10) 2-148 ATLANTIC BEACH CODE SWIMMING POOL CODE Section Adoption 6-91 SWIMMING POOLS Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Enclosed or roofed pools to comply with building code and zoning regulations 6-92 Water shortages Filling swimming pools 22-39(eX3) Zoning regulations Accessory uses by zoning districts 24-151(bXl) Supplementary regulations 24-164 SYNDICATES Definition of "person" to include syndicates 1-2 T TAXATION Certain ordinances saved from repeal 1-5 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Insurance premium taxes Casualty risks 20-76 Payment date 20-78 Property insurance 20-77 Occupational license tax Business falling under more than one classification 20-55 Compliance by licensees 20-56 Definitions 20-51 Due date and delinquencies; penalties 20-54 Exemptions 20-58 Half-year licenses 20-53 Levy 20-52 Operating at 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 Supp. No. 1 2152 CODE INDEX TAXATION—Cont'd. Section 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 Supp. No. 1 2152.1 CODE INDEX • . TAXATION—Cont'd. Section Utility services to which applicable 20-16 When purchase deemed made within city 20-20 Telephone service. See herein: Public Service Tax TAXICABS Noise in public places generally 11-2 Stopping,standing or parking commercial vehicles 21-22. TELEPHONE OR TELEGRAPH POLES Signs,posters,etc.,prohibited on 17-8 TELEPHONE TAX Provisions re 20-31 et seq. See: TAXATION TELEVISION AND RADIO ANTENNAS Zoning regulations Accessory uses by zoning district 24-151(bX1) TENANTS Definition of"owner"to include tenants 1-2 TENNIS COURTS Water shortages Washing of tennis courts 22-39(e) 4111 Zoning regulations Accessory uses by zoning district 24-151(bX1) TENSE Defined 1-2 TENTS Zoning regulations Temporary residence 24-82(h) THEATERS Dogs in theaters to be muzzled,leashed,etc 4-25 TIME, COMPUTATION OF Defined 1-2 TOILET FACILITIES Use of public sewers required Installation of toilet facilities 22-74 TOWERS Zoning regulations Height limitations 24-156(b) TOXIC SOLIDS,LIQUIDS OR GASES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(5) Prohibited discharges 22-129 TRAFFIC 41, Abandoned, wrecked, etc., vehicles Stopping, standing and parking. See herein that subject 2153 ATLANTIC BEACH CODE TRAFFIC—Cont'd. Section Adoption of Florida Uniform Traffic Control Law 21-1 Beaches Barricades preventing entry of vehicles and other traffic 5-18 Certain ordinances saved from repeal 1-5 Crosswalks Abandoned, wrecked, junked, etc., vehicles left unattended on crosswalks 21-25 Stopping,standing or parking vehicles on or within crosswalks 21-17(5), (6) Driveways Abandoned, wrecked, junked, etc., vehicles left unattended in front of driveways 21-25 Stopping,standing or parking in front of driveways 21-17(2) Fire hydrants Abandoned, wrecked, junked, etc., vehicles left unattended within fifteen feet of hydrants 21-25 Stopping, standing or parking within fifteen feet of hydrants 21-17(4) Florida Uniform Traffic Control Law Adoption of 21-1 Intersections Abandoned, wrecked, junked, etc., vehicles left unattended within intersections 21-25 Signs and advertising structures obstructing vision or view 17-5 Stopping, standing or parking within twenty feet of cross- walks at intersections• 21-17(6) Stopping,standing or parking within twenty feet of intersections 21-17(3) Junked vehicles Parking, storing, etc.,junked vehicles. See herein: Stopping, Standing and Parking Obstructions Abandoned, wrecked,junked, etc.,vehicles Constitutes obstruction to traffic 21-25 Abandoned, wrecked, junked, etc., vehicles left unattended alongside or opposite obstructions 21-25 Obstruction of passage of pedestrians or vehicles 13-2 Signs and advertising structures obstructing vision or view 17-5 Stopping, standing or parking vehicles alongside or opposite street obstructions 21-17(7), 21-18 Parades and processions Permits required for 21-2 Parking. See herein: Stopping, Standing and Parking Sale of vehicles Parking for purpose of displaying vehicle for sale 21-21 Sidewalks Abandoned, wrecked, junked, etc., vehicles left unattended on sidewalks 21-25 Stopping,standing or parking vehicles on sidewalks 21-17(1) Signs and advertising structures. See also that subject Confusion with,use of words on traffic-control signs 17-5 Obstructing vision or view 17-5 Signs creating traffic hazards 17-4110 2154 CODE INDEX TRAFFIC—Cont'd. Section Stopping, standing and parking Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks 21-25(aX1) Parked longer than seventy-two hours Declared unlawful; exception; nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Commercial, recreational, etc., vehicles; weight requirements 21-22 Compliance with signs prohibiting parking required 21-19 Enforcement Disposition of money collected as fines 21-40 Form of citations 21-37 Issuance of citations 21-36 Payment of parking fines 21-39 Presumption of motor vehicle ownership 21-41 Schedule of fines 21-38 Manner of parking 21-16 Obstructing traffic 21-18 Parking for certain purposes prohibited 21-21 Parking limitations 21-20 Parking more than seventy-two hours prohibited 21-23 Prohibited in specific areas 21-17 Street excavations Abandoned, wrecked, junked, etc., vehicles left unattended alongside or opposite street excavations 21-25 Stopping, standing or parking vehicles alongside or opposite street excavations 21-17(7) Traffic -control signs, signals and devices Compliance with signs prohibiting parking 21-19 Signs and advertising structures Confusion with, use of words on traffic -control signs 17-5 Stopping, standing or parking vehicles Compliance with signs prohibiting parking required 21-19 Parking limitations where signs are erected 21-20 Stopping, standing or parking vehicles where official signs prohibit stopping or parking 21-17(7) Washing, greasing or repairing vehicles Standing or parking vehicle for purpose of 21-21 TRAILERS. See: MOBILE HOMES AND RECREATIONAL VEHICLES TRANSPORTATION Uniform travel policy and procedure 2-632 TRAPPING Trapping birds, wild fowl, etc. 4-4 TRASH. See: GARBAGE AND REFUSE TRAVEL Uniform travel policy and procedure Auditing 2-365 Supp. No. 1 2155 ATLANTIC BEACH CODE TRAVEL—Cont'd. Section 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 RECREA- TIONAL VEHICLES TREES AND SHRUBBERY Building official Authority regarding supervision of work, under permits 23-17 Jurisdiction and supervision over provisions 23-16 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Damage or destruction 23-19 Garbage and refuse collection and disposal Garden trash, compost piles 16-5 Leaves and grass clippings; tree trunks, limbs, etc 16-3 Removal of trees, permits for 23-18 Signs, posters, etc., prohibited on trees 17-8 Subdivisions Design and construction standards Required improvements Clearing and grading of rights-of-wav 24-257 Use of natural features 24-251(2) Waterworks system Water shortages; irrigation of ornamentals, ferns, foilage, etc. 22-39 Zoning regulations Tree removal or damage 24-169 TRUSTS Definition of "person" to include trusts 1-2 U UNDERGROUND UTILITIES Subdivisions Required improvements 24-221 Zoning regulations Planned unit development (PUD) 24-136(d) UNDERGROUND WIRING Mobile home parks and recreational vehicle parks 10-2(4) Supp. No. 1 2156 CODE INDEX UTILITIES Section Public service tax 20-16 et seq. See: TAXATION Streets, sidewalks and public places Digging up streets, exceptions as to public utilities 19-2 Permit required of public utilities 19-2 Subdivision regulations Design and construction standards, easements 24-253 Underground utilities, required improvements 24-221 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM Waterworks system 22-16 et seq. See: WATERWORKS SYSTEM Zoning regulations 24-136 et seq. See: ZONING V VACANT HOUSES Water service Liability of consumer for charges Allowance made for vacant houses 22-24 VACANT LOTS Depositing garbage, trash, etc., on 16-5 Dogs and cats running at large 4-24 VACANT PRIVATE PROPERTY Loitering on, etc 13-2 VEGETATION Garbage and refuse collection and disposal Garden trash, compost piles 16-5 Leaves and grass clippings, etc. 16-3 Gardens. See that subject Subdivisions Design and construction standards Use of natural features 24-251(2) Trees and shrubbery. See that subject Water shortages Irrigation of ferns, flowers, ornamentals, etc. 22-39(c) Irrigation of lawns generally 22-39(b) Weeds and brush. See that subject VEHICLES. See: MOTOR VEHICLES AND OTHER VEHICLES VERMIN Nuisances Permitting buildings to become vermin infested 12-1(bX8) Abatement of nuisances, etc. See: NUISANSES VICIOUS DOGS Provisions re 4-28 Supp. No. 1 2157 ATLANTIC BEACH CODE VOLLEYBALL COURTS Section Zoning regulations Accessory uses by zoning districts 24-151(bX1) W WALLS. See: FENCES, WALLS, HEDGES AND ENCLOSURES WAREHOUSES Zoning regulations ILW industrial light and warehousing districts 24-112 Miniwarehouses 24-160 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 Connection of roof downspouts, foundation drains, surface runoff, etc. 22-108 Conformance; making gastight and watertight; deviations 22-109 Inspections; supervision of connections 22-110 Costs and expenses; indemnification of city against loss, etc. 22-101 Elevation 22-107 Excavations for building sewer installation Barricading, restoring 22-111 Old building sewers, use of 22-105 Permits vxca .rxxxa rxvxarxa, rx rlrxl cxVxvxt 2e2-103 Inspections 22-110 Required 22-102 Separate building sewer for each building; exception 22-104 Use of old building sewers 22-105 Charges, classification Sewer user classification rates and charges. See herein that subject Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Connections Building sewers and connections. See herein that subject Connection fees 22-169 Payment of 22-171 Private wastewater disposal Connection to public sewers _ 22-90 Use of public sewers required Toilet facilities, connection to public sewers 22-74 Definitions 22-56 Supp. No. 1 2158 CODE INDEX WASTEWATER SYSTEM—Cont'd. Section Extensions Sewer system extensions. See herein that subject Fees Sewer user classification rates and charges. See herein that subject Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Supp. No. 1 2158.1 CODE INDEX WASTEWATER SYSTEM—Cont'd. Section Inspectors,powers and authority of Easements 22-154 Information concerning industrial processes 22-152 Observing safety rules;indemnification and liability 22-153 Rights of entry of authorized employees . . 22-151 Maliciously damaging, etc.,facilities 22-57 Private wastewater disposal - Compliance regarding type,capacities,location and layout . . 22-89 Connection to public sewers;cleaning and filling 22-90 Construction of division 22-86 Maintenance 22-91 Permits 22-88 Where required 22-87 Public sewers Depositing,discharging,etc.,garbage into public sewers 22-71 Rates Sewer user classification rates and charges. See herein that subject Sewer system extensions Construction of extension projects 22492 Construction standards 22-195 Design standards 22-194 Purpose 22-191 Sewer service without water service 22-193 Sewer user classification rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Establishment of classes 22-166 Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Payment of connection fees and impact fees 22-171 Review and changes of rates 11-168 Schedule of wastewater user charges 22-167 Sewer charges applicable if sewer available 22-175 Subdivisions Design and construction standards Required improvements,sewer and water 24.258 Use of public sewers generally Construction of provisions 22-126 Discharging storm water, etc., into storm sewers or natural outlets 22-128 Discharging unpolluted waters into sanitary sewer;exception 22-127 Grease,oil and sand interceptors 22-132 Information for determination of compliance 22-135 Limitations on discharge concentrations or quantities 22-130 Options of city'manager regarding wastes 22131 2159 ATLANTIC BEACH CODE WASTEWATER SYSTEM—Cont'd. Section 410 Measurements,tests and analyses determinations 22-136 Observation, sampling and measurement Structures for 22-134 Pretreatment or flow-equalizing facilities 22-133 Prohibited discharges.. .... . . ..... . . ... ....... ...... ... ... ... .. 22-129 Use of public sewers required Constructing privies,septic tanks,cesspools 22-73 Depositing:human or animal excrement 22-71 Discharging untreated wastewater or polluted waters into natural outlets,etc. . ....... 22-72 Installation of toilet facilities required; connection of facili- ties to public sewer 22-74 Utility provisions generally. See: UTILITIES WATERCOURSES,WATERWAYS(Canals, lakes, etc.) Definition of"public place"to include any lake or stream 1-2 Discharging untreated wastewater or polluted waters into natu- ral outlets 22-72 Garden trash deposited in canals,waterways,lakes,etc 16-5 Public sewers,use of Discharging storm water,etc.,into natural outlets 22-128 Subdivisions Design and construction standards Easements;drainage,watercourses 24-253 WATER-SOURCE HEAT PUMPS Discharging water from,nuisance provisions 12-1(b) Abatement of nuisances, etc. See: NUISANCES WATERWORKS SYSTEM Access to consumer's premises Right of access by city employees 22-21 Application for water service 22-16 New subdivisions 22-37 Approval of plumbing prior to connection with water system 22-35 Bills. See herein: Charges,Fees,Bills Charges,fees,bills Basis for billing if meter fails to register 22-25 Billing date 22-29 Charges for water service 22-28 Connection charges;initial payment of minimum water rental 22-18 Cost of pipes,etc.,in subdivisions to be paid by developer 22-37 Delinquent fee 22-22 Deposits Temporary service 22-19 Failure to pay bill Disconnection of service for 22-29 Failure to receive bill 22-29 Fire protection service charge 22-30 Leaks on consumer's side of meter Allowance or adjustment for 22-31 2160 CODE INDEX WATERWORKS SYSTEM—Cont'd. Section Liability of consumer for charges 22-24 Property owner responsible to city for water charges 22-27 Reestablishing service after cutoff, fee 22-22 Service to more than one property through same meter 22-34 Testing of meters Liability for cost of testing, adjustment of bills 22-23 Vacant houses No allowance to be made for unless water shut off 22-24 When bills become delinquent 22-29 Connections Approval of plumbing prior to connection with water system . 22-35 Connection charges; initial payment of minimum water rental . 22-18 Connection of private water systems to city systems prohibited . 22-32 Prohibited acts 22-33 Tapping of mains, etc., restricted to employees 22-17 Conservation of water during water shortages 22-39 Cutoff of service because of failure to pay bill, etc 22-29 Fee to reestablish service after cutoff 22-28 Deposits Temporary service 22-19 Determination of type of service for each consumer 22-26 Easements Granting necessary easements by consumer 22-20 Extensions of water mains 22-38 Fire protection Private fire protection charge 22-30 Irrigation of lawns, flowers, etc. Water shortages 22-39 Interruptions in service Liability of city 22-36 Lawn watering, etc. Water shortages 22-39 Meters Access for purpose of reading meters 22-21 Basis for billing if meter fails to register 22-25 Leaks on consumer's side of meter 22-31 Service to more than one property through same meter 22-34 Testing of meter; liability for cost of testing 22-23 Adjustment of bills 22-23 Mobile home parks and recreational vehicle parks Requirements for city water 10-2(6) Private water systems Connection of to city system prohibited 22-32 Prohibited acts 22-33 Restricting use of water Right of city 22-36 Subdivisions Application for water service and new subdivisions 22-37 Cost of pipes, etc., in subdivisions 22-37 Supp. No. 1 2161 ATLANTIC BEACH CODE WATERWORKS SYSTEM—Cont'd. Section Design and construction standards Required improvements, sewer and water 24-258 Tapping Prohibited acts 22-33 Tapping of mains, etc., restricted to city employees 21-17 Temporary service ' 22-19 Utility provisions generally. See: UTILITIES Water shortages 22-39 WEEDS AND BRUSH Accumulation of weeds Action upon noncompliance 23-38 Height- ofgrowth 23-36 Notice to cut, destroy, etc 23-37 Payment of charges, special assessment liens 23-40 Removal by city 23-39 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Nuisances enumerated. See also: NUISANCES Allowing weeds to grow, etc 12-1(bX3) WEIGHT LIMITS Recreational vehicles, campers, travel trailers Stopping, standing or parking; weight limits 21-22(b) WELLS Abandoned wells, nuisance provisions 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES Waterworks system Interfering with or molesting wells, etc 22-33 WHISTLES Noise. See also that subject Noise in public places generally 11-2 Use of whistles on vehicles 11-4 WILD FOWL Hunting, shooting, etc 4-4 WINDOWS. See: DOORS AND WINDOWS WITNESSES Code enforcement board's power to subpoena witnesses 2-148 WRITING Defined 1-2 Y YARDS AND OPEN SPACES Definition of "public place" to include school yards or open spaces 1-2 Zoning regulations 24-82(e) et seq. See: ZONING Supp. No. 1 2162 CODE INDEX Z ZONING Section Access Planned unit development (PUD) 24-135(e) Community facilities 24-136(c) Service stations, access to site 24465(2) Accessory buildings or vehicles Temporary residence 24-82(h) Accessory uses and structures 24-151 Administration 24-46 et seq. See also herein specific subjects Administrative official 24-47 Adoption; authority 24-1 Advisory planning board, duties re zoning 14-20 Alcoholic beverage sales Conditions of existing establishments Compliance with zoning code 3-8 Locations where on -premises sales prohibited, provisions re CG zone 3-5 Amendments 24-4, 24-61 Appeals Administrative official's powers and responsibilities 24-47 Board of adjustment's power and duties 24-49 Application procedures Amendment, repeal 24-61 Building permits 24-65 Changing zoning classification 24-62 Administrative official's powers and responsibilities 24-47(3) Construction within the districts 24-66 Use by exception 24-63 Variances 24-64 Basements Temporary residence 24-82(h) Board of adjustment 24-49 Appeals of decisions of board 24-49(3) Appeals of administrative actions 24-49(2) Exercising powers; reversing, affirming, modifying order, re- quirement, decision, etc. 24-49(4) Power and duties 24-49(1) Boundaries Rules for determining 24-81 Building permits 24-65 Administrative official's powers and responsibilities 24-47(7) Buildings, structures, etc. Accessory uses and structures 24-151 Building restrictions CG commercial general districts 24-110(0 CI commercial intensive districts 24-111(0 CL commercial limited districts 24-109(0 ILW industrial light and warehousing districts 24-112(0 Supp. No. 1 2163 ATLANTIC BEACH CODE ZONING—Cont'd. Section OR open rural districts 24-103(0 RG -1 and RG -1A residential general—Two-family districts 24-106(0 RG -2 and RG -3 residential general—Multiple-family districts 24-107(0 RMH residential mobile home districts 24-108(0 RS -1 residential single-family districts 24-104(0 RS -2 residential single-family districts 24-105(0 Construction within the districts All structures 24-66(b) Temporary construction trailers or structures 24-66(a) Duplicates or externally similar dwellings 24-82(g) General restrictions upon land, buildings and structures 24-82 Height limits, restrictions. See herein that subject Nonconforming uses or buildings 24-85 Temporary construction offices 24-168 Temporary residences 24-82(h) Buses Temporary residence 24-82(h) Campers Temporary residence 24-82(h) CG commercial general districts Building restrictions 24-110(0 Intent 24-110(a) Minimum lot or site requirements 24-110(d) Minimum yard requirements 24-110(e) Permitted uses 24-110(b) Uses by exception 24-110(c) Changing zoning classification 24-62 Child care centers 24-152 ChimeliPq 24-153 CI commercial intensive districts Building restrictions 24-111(0 Intent 24-111(a) Minimum lot or site requirements 24-111(d) Minimum yard requirements 24-111(e) Permitted uses 24-111(b) Uses by exception 24-111(c) City commission 24-46 CL commercial limited districts Building restrictions 24-109(0 Intent 24-109(a) Minimum lot or site requirements 24-109(d) Minimum yard requirements 24-109(e) Permitted uses 24-109(b) Uses by exception 24-109(c) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD community facilities Planned unit development (PUD) 24-136 Construction -offices, temporary 24-168 Construction trailers or structures, temporary 24-66(a) Supp. No. 1 2164 CODE INDEX ZONING—Cont'd. Section Construction within the districts All structures 24-66(b) Temporary construction trailers or structures 24-66(a) Dancing or live entertainment Establishments offering 24-155 Definitions 24-17 Density, maximum Building restrictions OR open rural districts 24-103(f) Density of developments Planned unit development(PUD) 24-135(a) Density of population 24-82(d) Display of used merchandise outside of business 24-154 Districts. See also herein specific districts Boundaries of districts,rules for determining 24-81 Construction within the districts 24-66 Establishment of districts 24-101, 24-102 Exceptions Height limitations,exceptions to 24-156 Uses by exception. See herein that subject Fences,walls, etc. Parapet walls, height limitations 24-156(b) Planned unit development(PUD) Privacy,provisions re fences 24-135(f) Site plan review 24-167(e) Supplementary regulations 24-157 Swimming pools 24-164(3) Garages - Accessory uses and structures 24-151(bXl) Temporary residence 24-82(h) General provisions and exceptions 24-81 et seq. See also herein specific subjects General restrictions upon land,buildings and structures 24-82 Guardhouses and security buildings 24-158 Height limits,restrictions _ Accessory uses and structures,height limits 24-151(bX3) Building restrictions, maximum building height OR open rural districts 24-103(f) RS-1 residential single-family districts 24-104(f) RS-2 residential single-family districts 24-105(f) Exceptions to height limitations 24-156 General restrictions upon buildings and structures 24-82(b) Maximum building height,building restrictions CG commercial general districts 24-110(f) CI commercial intensive districts 24-111(f) CL commercial limited districts 24-109(f) ILW industrial light and warehousing districts 24-112(f) RG-1 and RG-1A residential general—Two-family districts 24-106(f) RG-2 and RG-3 residential general—Multiple-family districts 24-107(f) RMH residential mobile home districts 24-108(f) 2165 ATLANTIC BEACH CODE ZONING—Cont'd. Section Home occupations 24-159 ILW industrial light and warehousing districts Building restrictions 24-112(f) Intent 24-112(a) Minimum lot or site requirements 24-112(d) Minimum yard requirements 24-112(e) Permitted uses 24-112(b) Uses by exception 24-112(c) Jurisdiction 24-3 Landscaping Fences,hedges and walls. See herein that subject Privacy,provisions re landscaping 24-135(f) Tree removal or damage 24-169 Language and definitions Construction of language 24-16 Definitions 24-17 Lights,lighting Service stations 24-165(4) Swimming pools 24-164(1) Lots Accessory structures on lots 24-151(bX3) Double frontage lots - 25-84(b) Maximum lot coverage,building restrictions CG commercial general districts 24-110(f) CI commercial intensive districts 24-111(f) CL commercial limited districts 24-109(f) ILW industrial light and warehousing districts 24-112(f) OR open rural districts 24-103(f) RG-1 and RG-1A residential general—Two-family districts 24-106(f) RG-2 and RG-3 residential general—Multiple-family districts 24-107(f) • RMH residential mobile home districts 24-108(f) RS-1 residential single-family districts 24-104(f) RS-2 residential single-family districts 24-105(f) Minimum lot coverage 24-82(i) Minimum lot or site requirements CG commercial general districts 24-110(d) CI commercial intensive districts 24-111(d) CL commercial limited districts 24-109(d) ILW industrial light and warehousing districts 24-112(d) OR open rural districts 24-103(d) RG-1 and RG-1A residential general—Two-family districts 24-106(d) RG-2 and RG-3 residential general—Multiple-family districts 24-107(d) RMH residential mobile home districts 24-108(d) RS-1 residential single-family districts 24-104(d) RS-2 residential single-family districts 24-105(d) Percentage of lot occupancy 24-82(c) Required lot and occupancy 24-82(f) Service stations,lot dimensions 24-165(1) Site plan review,lot requirements 24-167(f) Substandard lots of record 24-83 -- 2166 CODEINDEX • ZONING—Cont'd. Section' Map. See herein:'Zoning Map Miniwarehouses 24-160 Mobile homes Temporary construction offices 24-168 Noises Plannedunit development,(PUD) Privacy,,reduction;of noise: ..... .. 24-135(f), Nonconforming.uses;or buildings: Continuation of . . 24-85(a) Nonconformance not grounds for variance 24-85(c) Reversion . . . . ... . . .... 24=85(b) Notices required by provisions Administrative official's powers and responsibilities. 24-47(1), (10) Obstructions,required yard . . 24-84(a) Off-street parking and loading Design.requirements 24-161(f) Generally 24-161(a) Location 24-161(e) Measurement 24-161(c) Off-street loading spaces 24-161(h) Parking space requirements 24-161(g) 41111 Planned unit development(PUD) 24-136(b) Plans required 24-161(b) Uses not specifically mentioned 24-161(d) Off-street parking lots 24-162 Open space. See herein: Yards and Other Open Spaces OR open rural districts Building restrictions 24-103(f) Intent 24-103(a) Minimum lot or site requirements 24-103(d) Minimum yard requirements 24-103(e) Permitted uses 24-103(b) Uses by exception 24-103(c) Parking Accessory uses by zoning district Parking of recreational vehicles,etc 24-151(bX2) Off-street parking and loading. See herein that subject Storage and parking of vehicles and equipment in resi&n- tial districts 24-163 Parking lots 24-162 Permits Establishments offering dancing or live entertainment Revocation,cancellation,etc.,of licenses or permits 24-155 Implementation of planned unit development,permits for . 24-134(d) Temporary construction offices 24-168 Temporary construction trailers or structures,permits for . . 24-66 Permitted uses. See herein: Uses Permitted 4110 Planned unit development(PUD) Adoption of ordinance creating planned unit development . . . 24-133 Application and review procedures 24-132 2167 ATLANTIC BEACH CODE • ZONING—Cont'd. Section Application for rezoning 24-130 Community facilities 24-136 Consultants,etc.,fees;payment by applicant 24-131 Defined 24-128 Implementation of a planned unit development 24-134 Intent 24-127 Permitted uses and site requirements 24-129 Purpose 24-126 Rezoning, application for 24-130 Standards of criteria 24-135 Access 24-135(e) Density of developments 24-135(a) Open space 24-135(b) Privacy 24-135(f) Support legal documents for open space 24-135(d) Waiver of yard,dwelling unit,etc. 24-135(c) Subdivisions,required improvements 24-222 Planning agency 24-48 Privacy Planned unit development(PUD) 24-135(f) Purpose and intent 24-2 Repeal 24-61 Rezoning Applications for zoning changes 1111 Administrative official's powers and resp9nsibilities 24-47(3) Planned unit development(PUD). See herein that subject RG-1 and RG-1A residential general—Two-family districts Building restrictions 24-106(f) Intent 24-106(a) Minimum lot or site requirements 24-106(d) Minimum yard requirements 24-106(e) Permitted uses 24-106(b) Uses by exception 24-106(c) RG-2 and RG-3 residential general—Multiple-family districts Building restrictions 24-107(f) Intent 24-107(a) Minimum lot or site requirements 24-107(d) Minimum yard requirements 24-107(e) Permitted uses 24-107(b) Uses by exception 24-107(c) RMH residential mobile home districts Building restrictions 24-108(f) Intent 24-108(a) Minimum lot or site requirements 24-108(d) Minimum yard requirements 24-108(e) Permitted uses 24-108(b) Uses by exception 24-108(c) RS-1 residential single-family districts Building restrictions 24-104(f) Intent 24-104(a) 2168 CODE INDEX ZONING—Cont'd. Section Minimum lot or site requirements 24-104(d) Minimum yard requirements 24-104(e) Uses by exception 24-104(c) RS-2 residential single-family districts Building restrictions 24-105(0 Intent 24-105(a) Minimum lot or site requirements 24-105(d) Minimum yard requirements 24-105(e) Permitted uses 24-105(b) Uses by exception 24-105(c) Scope of provisions 24-31 Security buildings 24-158 Service stations 24-165 Access to site 24-165(2) Lighting 24-165(4) Location of pumps and structures 24-165(3) Lot dimensions 24-165(1). Setbacks Swimming pools 24-164(2) Shacks Temporary residence 24-82(h) Signs generally 24-166 Signs posted on property undergoing zoning proceedings • Administrative official's powers and responsibilities 24-47(9) Site,access to Service stations 24-165(2) Site plan review 24-167 General conditions which may be attached 24-167(d) Lot requirements 24-167(f) Procedures 24-167(b) Purpose 24-167(a) Site plan generally 24-167(c) Walls 24-167(e) Site requirements Minimum site requirements. See herein: Lots Planned unit development(PUD) 24-129(b) Stopping, standing or parking buses or commercial vehicles in residential zones 24-22(aX2) Storage and parking of vehicles and equipment in residential districts 24-163 • Storage/tool sheds,accessory uses and structures 24-151(bX1) Subdivision regulations - 24-186 et seq. See: SUBDIVISIONS Supplementary regulations Accessory uses and structures 24-151 Child care centers 24-152 Churches 24-153 Display of used merchandise outside of business 24-154 Establishments offering dancing or live entertainment 24-155 Fences,hedges and walls 24-157 2169 ATLANTIC BEACH CODE ZONING—Cont'd. Section = Guardhouses and security buildings 24-158 Height limitations,exceptions to 24-156 Home occupations - 24-159 Miniwarehouses 24-160 Off-street parking and loading 24-161 Parking lots 24-162 Service stations 24-165 Signs 24-166 Site plan review 24-167 Storage and parking of vehicles and equipment in residen- tial districts 24-163 Swimming pools 24-164 Temporary construction offices 24-168 Tree removal or damage 24-169 Utility structures 24-170 Swimming pools 24-164 Accessory uses by zoning district 24-151(bX1) Fences 24-164(3) Enclosures,roofs to comply with zoning regulations 6-92 Lights 24-164(1) Setbacks 24-164(2) Temporary construction offices 24-168 Temporary construction trailers or structures 24-66(a) Temporary residences 24:82(h) Accessory structures 24-151(bX3) Tents,shacks,etc. Temporary residence 24-82(h) Trailers Temporary residence 24-82(h) Tree removal or damage 24-169 Use generally General restrictions upon land,buildings and structures 24-82(a) Used merchandise Display of outside of business 24-154 Uses,accessory 24-151 Uses by exception 24-63 CG commercial general districts 24-110(c) CI commercial intensive districts 24-111(c) CL commercial limited districts 24-109(c) ILW industrial light and warehousing districts 24-112(c) OR open rural districts 24-103(c) RG-1 and RG-1A residential general—Two-family districts 24-106(c) RG-2 and RG-3 residential general—Multiple-family districts 24-107(c) RMH residential mobile home districts 24-108(c) RS-1 residential single-family districts • 24-104(c) RS-2 residential single-family districts 24-105(c) Uses, nonconforming 24-85 Uses permitted - CG commercial general districts 24-110(b) CI commercial intensive districts -. 24-111(b) 2170 CODE INDEX ZONING—Cont'd. Section - - CL commercial limited districts 24-109(b) ILW industrial light and warehousing districts 24-112(b) OR open rural districts 24-103(b) Planned unit development(PUD) 24-129 Wavier of use restrictions 24-135(c) RG-1 and RG-1A residential general—Two-family districts 24-106(b) RG-2 and RG-3 residential general—Multiple-family districts 24-107(b) RMH residential mobile home districts 24-108(b) RS-1 residential single-family districts 24-104(b) RS-2 residential single-family districts 24-105(b) Utilities Planned unit development(PUD) 24-136 Utility structures Supplementary regulations 24-170 Variances 24-64 Administrative official's powers and responsibilities 24-47(3),(8) Board of adjustment authorizing,granting 24-49 Nonconformance not grounds for variance 24-85(c) Vehicles Off-street parking and loading. See herein that subject Storage and parking of vehicles and equipment in residen- tial districts 24-163 Waivers Planned unit development.(PUD) Waiver of yard,dwelling unit,frontage criteria,etc 24-135(c) Walls. See herein:Fences,Hedges and Walls Warehouses ILW industrial light and warehousing districts. See herein that subject Miniwarehouses 24-160 Yards and other open spaces Accessory uses and structures; encroachments in yards, etc. 24-151(bX3) Minimum yard requirements CG commercial general districts 24-110(e) CI commercial intensive districts 24-111(e) CL commercial limited districts 24-109(e) ILW industrial light and warehousing districts 24-112(e) OR open rural districts 24-103(e) RG-1 and RG-1A residential general—Two-family districts 24-106(e) RG-2 and RG-3 residential general—Multiple-family districts 24-107(e) RMH residential mobile home districts 24-108(e) RS-1 residential single-family districts 24-104(e) RS-2residential single-family districts 24-105(e) Obstruction;double frontage lots 24-84 Open space use limitations 24-82(e) Planned unit development(PUD) Open space 24-135(b) Support legal documents for open space 24-135(d) Waiver of yard restriction 24-135(c) 2171 PP— • ATLANTIC BEACH CODE ZONING—Cont'd. Section - Zoning map Administrtive official's powers and responsibilities 24-47(4),(5) Boundaries of zoning districts,rules for determining . . .- 24-81 Certain ordinances saved from repeal 1-5 2172