HomeMy WebLinkAboutCode through Supplement 42i
CODE OF ORDINANCES
Cit of
ATLANTIC BEACH, FLORIDA
Codified through
Ordinance No. 70-15-18, adopted Au • ust 10, 2015.
(Supp. No. 42)
CODE OF ORDINANCES
OF THE CITY OF
ATLANTIC BEACH, FLORIDA
Published in 1984 by Order of the City Commission
Cimunicode
Municipal Code Corperaliao • PO Bo. 2235 Tallahassee, FL 32316
info®r.vnicode-cern • 800.2622633
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OFFICIALS
of the
CITY OF
ATLANTIC BEACH, FLORIDA
Mitchell E. Reeves
Mayor
Jonathan Daugherty
James K. Hill
John M. Stinson
M. Blythe Waters
City Commissioners
Richard Komando
City Attorney
Nelson Van Liere
City Manager
Donna L. Bartle
City Clerk
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 supplemented, 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 assigned 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 especially directed is
the looseleaf system of binding and supplemental servicing 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 depend 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. It is
strongly recommended by the publishers that all such amendments be inserted immediately
upon receipt 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
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 permanent 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 construed 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.
;sigr;William S. Howell\Mayor, Presiding Officer
(SEAL)
/s/ Adelaide R. Tucker
City Clerk
Approved as to Form and Correctness:
/s/ Claude L. Mullis
City Attorney
SUPPLEMENT HISTORY TABLE
The table below allows users of this Code to quickly and accurately determine what
ordinances have been considered for codification in each supplement. Ordinances that are of a
general and permanent nature are codified in the Code Book and are considered "Included."
Ordinances that are not of a general and permanent nature are not codified in the Code Book
and are considered "Omitted."
In addition, by adding to this table with each supplement, users of this Code of
Ordinances will be able to gain a more complete picture of the Code's historical evolution.
Ord. No. Date Included/ Supp. No.
Adopted Omitted
95-10-100 5-10-10 Included 38
33-10-17 6-28-10 Included 38
80-10-79 8-23-10 Included 38
80-10-80 9-27-10 Included 38
90-10-213 10-25-10 Included 38
57-10-23 11- 8-10 Included 38
05-10-52 11-22-10 Included 38
05-10-53 11-22-10 Included 38
95-10-102 1-10-11 Included 38
65-11-37 3-28-11 Included 39
95-11-103 7-25-11 Included 39
95-11-104 9-26-11 Included 39
25-11-42 10-10-11 Included 39
60-11-16 10-10-11 Included 39
80-11-81 10-10-11 Included 39
5-12-54 1- 9-12 Included 39
5-12-55 1- 9-12 Included 39
60-12-17 1- 9-12 Included 39
90-12-214 3-26-12 Included 40
95-12-105 5-14-12 Included 40
45-12-21 7-23-12 Included 40
33-12-18 8-13-12 Included 40
5-12-56 8-27-12 Included 40
55-12-36 8-27-12 Included 40
80-12-82 9-24-12 Included 40
90-12-215 11-13-12 Included 40
5-12-57 11-26-12 Included 40
60-13-18 3-25-13 Included 40
5-13-58 4- 8-13 Included 40
25-13-43 4- 8-13 Included 40
58-13-35 6-10-13 Included 40
58-13-36 6-10-13 Included 40
58-13-37 6-10-13 Included 40
5-13-59 7- 8-13 Included 40
75-13-18 7- 8-13 Included 40
95-13-106 7- 8-13 Included 40
80-13-83 8-12-13 Included 41
75-13-19 10-28-13 Included 41
90-13-220 1-13-14 Included 41
80-14-84 2-10-14 Included 41
90-14-221 3-24-14 Omitted 41
90-14-222 4-14-14 Included 41
80-14-85 7-28-14 Included 41
80-14-86 7-28-14 Included 41
58-14-38 8-11-14 Included 41
58-14-39 8-11-14 Included 41
95-14-108 8-11-14 Included 41
5-14-61 9- 8-14 Included 41
60-14-19 11-24-14 Included 42
5-15-62 5-11-15 Included 42
33-15-19 5-11-15 Included 42
60-15-20 6- 8-15 Included 42
90-15-223 1-26-15 Included 42
95-15-109 5-11-15 Included 42
70-15-18 8-10-15 Included 42
PART I CHARTER'[]
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Present Charter of the City of Atlantic Beach abolished and new Charter established.
Reaffirmation of the incorporation of City of Atlantic Beach.
Form of government.
General powers.
Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter
established.
The present Charter of the City of Atlantic Beach in Duval County, Florida, is hereby
abolished; and the new Charter, as hereinafter set forth, is hereby established.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 2. Reaffirmation of the incorporation of City of Atlantic Beach.
The establishment of a municipal corporation, known and designated as the City of
Atlantic Beach, organized and constituted in the County of Duval and State of Florida, by an act
of the Florida Legislature in 1957, is hereby reaffirmed and its territorial boundaries are as
follows:
Beginning at a point on the beach of the Atlantic Ocean which is the intersection of the
low water mark line of said Atlantic Ocean and an easterly prolongation of the southerly
boundary line of Kathryn Abby Hanna Park; running thence westerly along the southerly
boundary line of said Kathryn Abby Hanna Park to the easterly right-of-way line of Old Sherry
Drive (County Road No. 551); running thence southerly along said easterly right-of-way line of
Old Sherry Drive (County Road No. 551) to the north boundary line of fractional Section 5,
Township 2 South, Range 29 East; running thence westerly along the northerly boundary line of
said Fractional Section 5 in said Township and Range, to the eastern right-of-way line of
Mayport Road (State Road A -1-A); running thence southerly along the easterly right-of-way line
of said Mayport Road to the north boundary line of Government Lot 15 of Section 8; running
thence easterly along the north boundary line of said Government Lot 15 to the northwest
corner of the east one-half of said Government Lot 15; running thence southerly along the west
boundary line of the east one-half of said Government Lot 15 to the north boundary line of
Sections 17 and 18 in said Township and Range; running thence westerly along said north
boundary line and the north boundary line of Section 40 to a point at the center line of the
Intracoastal Waterway; running thence southerly along said centerline of the Intracoastal
Waterway to the intersection of said center line with a line sixteen (16) feet northerly of,
measured at right angles from and parallel to the centerline of Atlantic Boulevard; running
thence easterly along said parallel line and a prolongation of same to the point of intersection of
said prolongation with the low water mark of the Atlantic Ocean; and running thence northerly
along said low water mark of the Atlantic Ocean to the point or place of beginning; excepting
from the territory hereinabove described that part thereof lying in said Sections 8 and 9
occupied and used by Atlantic Beach Country Club as described in deed recorded in Volume
652, page 484, Official Records of Duval County; and jurisdiction of the waters of the Atlantic
Ocean two miles from the low water mark between the north and south lines of said city as
above described, projected easterly two miles; and police jurisdiction for traffic control purposes
over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as hereinbefore
described, over said Mayport Road from the city limits as above described, northerly to the
northern boundary line of said Fractional Section 5; provided, however, that the city council of
the City of Jacksonville, Florida, acting in its capacity as the governing body of Duval County,
Florida, is hereby authorized to construct and maintain any and all streets, roads, or highways
that have at any time heretofore, been adopted as county roads by the board of county
commissioners of Duval County, Florida, as it may deem necessary and proper for the benefit of
the public.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 3. Form of government.
The municipal government provided by this Charter shall be known as
"Commission -Manager Government." Subject only to the limitations imposed by the Constitution
and laws of this state and by this Charter, all powers of the city shall be vested in an elective
commission, hereinafter referred to as "the city commission."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 4. General powers.
The city shall have all powers, governmental, corporate and proprietary, in accordance
with and including the provisions of F.S. Chapter 166, enabling it to conduct municipal
government, perform municipal functions and render municipal services, and may exercise any
power for municipal purposes; which powers shall be limited only by the Federal Constitution,
State Constitution, general and special law and any specific limitation in this Charter. The
enumeration of particular powers shall not be deemed as necessary as it is intended that the
city shall have and exercise all powers which it would be competent for this Charter specifically
to enumerate, including all extraterritorial powers and jurisdiction previously granted by Chapter
57-1126, Laws of Florida as amended, or by any special or general law. The absence of such
enumeration shall not be construed as limiting; indeed, it shall be construed liberally in favor of
the city.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE II. THE COMMISSION
Sec. 5. Number of commissioners; selection; term.
Sec. 6. Qualifications and disqualifications.
Sec. 7. Salary.
Sec. 8. Presiding officer: Mayor.
Sec. 9. Powers.
Sec. 10. Appointment of city manager.
Sec. 11. Appointment of deputy city manager or deputy city clerk.
Sec. 12. Vacancies in the city commission.
Sec. 13. Creation of new departments or offices; change of duties.
Sec. 14. Induction of city commission into office; meetings of the city commission.
Sec. 15. City commission to be judge of qualifications of its members.
Sec. 16. Rules of procedure; journal of minutes.
Sec. 17. Ordinances.
Sec. 18. Procedure for passage of ordinances and resolutions.
Sec. 19. Independent annual audit.
Sec. 20. Attendance of city manager and other officers in city commission.
Sec. 5. Number of commissioners; selection; term.
The city commission shall consist of five (5) electors of the City of Atlantic Beach who
have the qualifications as defined in section 6 of this Charter, elected at large without regard for
any designation of political party affiliation. The seats shall be known as seats 1 through 5
respectively, and seat 1 shall be designed as the mayor -commissioner. Seats 2 through 5 shall
be designated as district commissioners, with each commissioner required to reside within the
district from which he or she is elected. The four (4) districts shall be created using the precinct
lines existing as of November, 2007, as a beginning point, shall be established by ordinance,
shall be as equal in population as possible, and to the extent possible shall maintain the integrity
of neighborhoods and communities of interest. The mayor -commissioner shall be elected for
two-year terms and the terms for seats 2 through 5 shall each be four years. Effective with the
municipal election in October, 1993, anyone elected or appointed to the office of
mayor -commissioner shall not serve more than four (4) consecutive two-year terms; and any
elected or appointed to commission seats 2 through 5 shall not serve more than two (2)
consecutive four-year terms. Serving any part of a term shall be considered a full term. Nothing
contained herein shall prevent anyone who has served as a city commissioner from being
appointed or elected to the position of mayor -commissioner and then serving in that capacity
four (4) consecutive two-year terms.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 6. Qualifications and disqualifications.
Members of the city commission shall have been full-time residents of the city for at least
two years immediately prior to qualifying. They shall be electors in the city. Full-time residency
shall be defined as the person's principal place of abode during the year. Members of the city
commission shall not hold any other elective office. Any member of the city commission ceasing
to possess the foregoing qualifications or who shall have been convicted of a crime punishable
by more than one (1) year of imprisonment or a crime involving moral turpitude, shall forfeit the
seat prior to the next meeting of the city commission. Absence from four consecutive regular
meetings of the city commission shall operate to vacate the seat of a member, unless the
member's absence is excused by the city commission by a resolution setting forth the fact of
such excuse duly entered upon the minutes.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 7. Salary.
The salary of the members of the city commission shall be set by ordinance.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 8. Presiding officer: Mayor.
The mayor -commissioner shall preside at all meetings of the city commission and shall
be recognized as head of the city government for all ceremonial purposes and by the governor
for all purposes of military law. When directed to do so by the city commission the
mayor -commissioner shall execute all instruments to which the city is a party, unless otherwise
provided by the Charter or by ordinance. The mayor -commissioner shall have no regular
administrative duties except as authorized in this Charter but may appoint, from time to time,
such special or select committees as in his or her discretion he or she deems desirable to
expedite the handling of the business and affairs of the city. Other members of the city
commission may on occasion appoint special or select committees with the approval of a
majority of the commission. In the temporary absence or disability of the mayor -commissioner,
all duties of the mayor -commissioner shall be performed by the mayor pro tempore.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 9. Powers.
Except as may be otherwise provided in this Charter, all powers of the city and the
determination of all matters of policy shall be vested in the city commission. Without limitation of
the foregoing, the city commission shall have power to:
(1) Adopt a budget;
(2) Authorize the issuance of bonds, revenue certificates, and other evidences of
indebtedness;
(3) Establish or abolish official boards and elect the members thereof as
recommended by the mayor;
(4) Adopt and modify the official map of the city;
(5) Regulate and restrict the height, number of stories, and size of buildings and
other structures, the percentage of a lot that may be occupied, the size of yards,
courts, and other open spaces, the density of population, and the location and
use of buildings, structures, and land and water for trade, industry, residence or
other purposes;
(6) Provide for an independent audit;
(7) Pass ordinances and laws for the preservation of the public peace and order and
impose penalties for the violation thereof; provided that the maximum penalty to
be imposed shall be a fine of not more than one thousand dollars ($1,000.00)
and imprisonment for a period of time not longer than ninety (90) days, or as
otherwise provided for by Florida Statutes;
(8) Lease golf courses, hospitals and airports, or any portion thereof, after the city
commission has passed an ordinance authorizing any such lease;
(9) Sell golf courses and the public utility system, or any portion thereof, now owned
by the city or hereafter acquired by it after the city commission has passed an
ordinance that: (a) there is a finding that public welfare no longer requires the
operation of any such facility; and (b) the terms of sale of real property within the
city limits are stated; and (c) after such ordinance has been submitted to the
qualified voters of the city at an election called for that purpose;
(10) Provide rules and regulations for all purchases and sales made for and in behalf
of the city;
(11) Appoint, remove and fix the compensation of all officers and employees
appointed by the city commission as hereinafter provided; the city commission
shall perform an annual performance review of the city clerk, city manager and
city attorney;
(12) Exercise any right or authority given or permitted by the Constitution and the laws
of the State of Florida to city commissions not inconsistent with the provisions of
this Charter.
(13) The mayor pro tempore shall be appointed by the city commission from its
members.
(14) Provide for the protection and preservation of parks as follow: Any real property
owned by the city which is used principally or held out for use as a public park,
shall be used only as a public park; and parks shall not be sold, leased long term,
gifted, changed in description or use, or otherwise disposed of; and no structure
shall be built in any such park to accommodate activities not customarily
associated with park use or outdoor recreation; unless such sale, lease disposal,
gift or structure is approved by unanimous vote of the entire city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 10. Appointment of city manager.
The city commission shall appoint an administrative officer of the city, who shall have the
title of city manager, who shall have the powers and perform the duties provided in this Charter
and who shall be compensated at a rate set by the city commission. No member of the city
commission shall receive such appointment during the term for which the person shall have
been elected, nor within two years after the expiration of the person's term. In the event the City
Manager is removed or incapacitated and unable to appoint a substitute as required in Sec.
[Section] 24 of this Charter, the city commission shall appoint someone to perform the duties of
the city manager.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 11. Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may request, if they deem it necessary, a deputy city
manager and deputy city clerk, respectively, to be hired as approved by the city commission and
who shall be compensated at a rate set by the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 12. Vacancies in the city commission.
If any vacancy occurs in the city commission, the city commission shall elect, within
fifteen (15) days of the vacancy, by the affirmative votes of not less than three members, an
eligible person as defined in Sec. [Section] 6 of this article to fill the vacancy until the next
general election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 13. Creation of new departments or offices; change of duties.
The city commission, by ordinance, may create, change or abolish offices, departments,
authorities or agencies. The city commission may, by ordinance, assign additional functions or
duties to the offices, departments or agencies established by this Charter, but may not
discontinue or assign to any other office, department or agency any function or duty assigned by
this Charter to a particular office, department or agency.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 14. Induction of city commission into office; meetings of the city commission.
After each primary election or general election (if needed), the newly elected city
commissioners shall assume the duties of office at the regularly scheduled meeting of the city
commission held on the second Monday in November provided that the Supervisor of Elections
has certified the election results. If the election results for any contested city commission seat
cannot be certified prior to the meeting to be held on the second Monday in November, then any
newly elected city commissioners shall assume the duties of office at the next regularly
scheduled meeting of the city commission following receipt of the certified election results from
the Supervisor of Elections. Until the newly elected city commissioners assume the duties of
office, the previous sitting city commissioners shall remain in office. All other regular meetings of
the city commission shall be fixed by ordinance, but there shall not be less than one regular
meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S.
286.011), all meetings of the city commission shall be open to the public.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 15. City commission to be judge of qualifications of its members.
The city commission shall be the judge of the election and the qualifications of its
members as set forth in Section 6 of this Charter. For these purposes, the city commission shall
have the power to subpoena such witnesses and require the production and presentation of
such records as may be deemed necessary.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 16. Rules of procedure; journal of minutes.
The City Commission shall determine its own rules and order of business. It shall require
that minutes of its proceedings to be kept. The minutes shall be open and remotely available to
the public in a timely manner, through commonly accepted methods.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 17. Ordinances.
In addition to such acts of the city commission as are required by statute or by this
Charter to be by ordinance, every act of the City Commission establishing a fine or other
penalty, a fee for service, appropriation of funds, the contracting of indebtedness, or the sale of
real property shall be by ordinance. The enacting clause of all ordinances shall be: "BE IT
ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF
ATLANTIC BEACH, FLORIDA."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 18. Procedure for passage of ordinances and resolutions.
The minimum procedures for adoption of ordinances and resolutions as set forth in F.S.
Section 166.041 shall in its entirety constitute the process for such by the Atlantic Beach City
Commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 19. Independent annual audit.
At the beginning of each fiscal year the city commission shall designate a certified public
accountant or a firm of certified public accountants who, as of the end of the fiscal year, shall
make an independent audit of accounts and other evidences of financial transactions of the city
government and shall submit a written report to the city commission and to the city manager.
Such accountants shall have no personal interests, direct or indirect, in the fiscal affairs of the
city government or of any of its officers. They shall not maintain any accounts or records of city
business, but within specifications approved by the city commission, shall post -audit the books
and documents kept by the finance director and any separate or subordinate accounts kept by
any other office, department or agency of the city government.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 20. Attendance of city manager and other officers in city commission.
The city manager, and any such other officers of the city as may be designated by vote
of the city commission, shall be required to attend city commission meetings. The city manager
shall have the right to take part in the discussion of all matters coming before the city
commission, and the other officers shall be entitled to take part in all discussions of the city
commission relating to their respective offices, departments, boards, commissions, or agencies.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE III. THE CITY MANAGER
Sec. 21. Appointment.
Sec. 22. Qualifications.
Sec. 23. Powers and duties.
Sec. 24. Absence of the city manager.
Sec. 25. Removal of the city manager.
Sec. 26. City departments.
Sec. 27. Governance of departments.
Sec. 21. Appointment.
The city manager shall be appointed in accordance with the provisions of Section 10 of
this Charter and shall be compensated at a rate set by the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 22. Qualifications.
The city manager shall be chosen by the city commission solely on the basis of
administrative qualifications and with special reference to education and experience in and
knowledge of accepted practice with respect to the duties of this office as set forth hereinafter
and in the city code. Applicants for the position of city manager shall meet the following
educational and experience requirements:
(1) Possession of at least a baccalaureate degree preferably in Public Administration
or a directly related field from a college or university accredited by a recognized
accreditation agency in the United States or from a recognized college or
university outside of the United States, which is acceptable to the city
commission; and
(2) Not less than five (5) years of experience as a city, municipal, county, or state
government administrator serving in at least an assistant department head or the
equivalent in responsibility; and
A graduate degree acceptable to the city commission may be substituted for not
more than one year of the required experience.
At the time of appointment, the new city manager need not be a resident of the city or
state, but within six (6) months the city manager shall reside within the city of Atlantic Beach.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
(3)
Sec. 23. Powers and duties.
The city manager shall be the chief administrative officer and as such, head the
administrative branch of the city government. The powers and duties of the city manager shall
include but not be limited to:
(1) Establish and maintain a line of communication with the city clerk; and
(2) Administering and enforcing all enactments of the city commission; and
(3) Preparing and forwarding agenda materials to the city clerk for every commission
meeting; and
(4) Preparing the budget annually and submitting it to the city commission, and being
responsible for its administration after adoption; and
(5) Preparing and submitting to the city commission at the end of each fiscal year, a
complete report on the finances and administrative activities of the city for the
year just completed.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 24. Absence of the city manager.
The duties of the city manager during any temporary absence or disability shall be
carried out by a deputy city manager, or in the absence of the latter, by another administrative
officer of the city designated first by the city manager or second, by a majority of the city
commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 25. Removal of the city manager.
The city manager shall serve at the pleasure of the city commission. The city
commission may remove the city manager by the affirmative vote of not less than three (3) of its
members.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 26. City departments.
Administrative departments as established by ordinance shall report to and serve under
the city manager.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 27. Governance of departments.
The city manager may head one or more administrative department or select and
employ persons qualified in accordance with city personnel practices to supervise, direct and
control such departments.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE IV. THE CITY CLERK
Sec. 28. Appointment; duties.
Sec. 29. Qualifications.
Sec. 30. Removal of the city clerk.
Sec. 28. Appointment; duties.
The city commission shall appoint an executive officer to serve the city commission and
to assure that all its enactments are effectively carried out. The title of the executive officer shall
be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the
city commission.
The duties of the city clerk shall be to:
(1) Establish and maintain a line of communication with the city manager; and
(2) Prepare an agenda for every commission meeting and a permanent record of
each such meeting; and
Disseminate information as necessary about activities, findings, or decisions of
the city commission; and
(4) Provide the city commission with information as requested about programs of the
city government; and
(5) Serve as supervisor of election for city elections; and
(6) Serve as custodian of all city records and the seal of the city; and
(7) Administer oaths; and
(8) Conduct such other activities as may be specified by this Charter, the city code
or the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
(3)
Sec. 29. Qualifications.
The city clerk shall be chosen by the city commission solely on the basis of education
and experience necessary to carry out the responsibilities of executive officer to the city
commission.
Applicants for the position of city clerk shall meet the following educational and
experience requirements:
(1) At least a baccalaureate preferably in Business Administration or a related field
acceptable to the city commission from a college or university accredited by a
recognized accreditation agency in the United States or from a recognized
college or university outside of the United States which is acceptable to the city
commission; and
(2) Two years of experience in public administration satisfactory to the city
commission.
(3)
In lieu of the required baccalaureate degree, the city commission may in its
discretion, accept four additional years of acceptable experience in public
administration or a related field of public or private service.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 30. Removal of the city clerk.
The city clerk shall serve at the pleasure of the city commission. The city commission
may remove the city clerk by the affirmative vote of not less than three (3) of its members.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE V. CITY ATTORNEY
Sec. 31. Appointment and qualifications.
Sec. 32. Powers and duties.
Sec. 31. Appointment and qualifications.
The city commission shall appoint a city attorney, which may be a law firm, who shall be
an attorney with at least five years of experience in the practice of general, civil or municipal
law, admitted in and having authority to practice in all courts of this state, and who shall be
compensated at a rate set by the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 32. Powers and duties.
The duties of the city attorney shall include:
(1) Acting as the legal advisor to, and attorney and counselor for, the city and its
officers in matters relating to their official duties; and
(2) Preparing in writing, all contracts, bonds and other instruments in which the city
is concerned and giving an endorsement of approval as to form and correctness;
and
(3)
Prosecuting and defending for and on behalf of the city, all civil complaints, suits
and controversies in which the city is a party; and
(4) Furnishing opinions on questions of law relating to the powers and duties of city
officers; and
(5)
Performing such other duties as may be required by ordinance or resolution of
the city commission.
(6) The city attorney shall serve at the pleasure of the city commission. The city
commission may remove the city attorney by the affirmative vote of not less than
three (3) of its members.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
Sec. 33. Appointments and responsibilities.
Sec. 33. Appointments and responsibilities.
The appointment, duties, functions and other responsibilities of the director of public
safety, police department, police chief, fire department, fire chief and their respective staff
members are found in the city code Chapter 2, Divisions 2 and 3.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE VII. BUDGET
Sec. 34. Preparation and adoption.
Sec. 34. Preparation and adoption.
Each department head shall be responsible for presenting a budget request to the city
manager by a date established by the city manager or his or her designee. The director of
finance shall provide the city manager with a preliminary estimate of revenues and beginning
fund balances for the upcoming fiscal year.
Upon receipt of all budget requests, estimated revenues and fund balances, the city
manager shall make any modifications which are determined to be reasonable and justifiable
and thereafter present the budget to the city commission.
The city commission shall review the budget as submitted by the city manager and make
such revisions as deemed necessary. A public hearing will be set to approve the tentative
budget and millage rates. A public hearing will be set for final passage of the budget and millage
rates.
Upon final adoption, the budget shall be in effect for the next fiscal year. A copy of the
budget, as adopted, shall be filed with the city clerk.
The city shall abide by the requirements established by the Truth in Millage (TRIM) Act.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE VIII. DEPARTMENT OF FINANCE
Sec. 35. Director of finance.
Sec. 35. Director of finance.
The director of finance shall be the head of the department of finance and shall be
appointed and removed by the city manager. The qualifications, powers and duties of the
director of finance are defined in the Code of Ordinances.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE IX. ELECTIONS
Sec. 36. Election regulations.
Sec. 37. Nonpartisan elections.
Sec. 38. Electors; registration.
Sec. 39. Nominations.
Sec. 40. Elections: Primary.
Sec. 41. Elections: General.
Sec. 42. Elections: Absentee voting.
Sec. 43. Elections: Canvassing board, duties.
Sec. 36. Election regulations.
The city commission shall, by ordinance, make all regulations which it considers
necessary, not inconsistent with this Charter or state law, for the conduct of municipal elections
and for the prevention of fraud therein.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 37. Nonpartisan elections.
All elections for the office of commissioner and mayor -commissioner shall be conducted
on a nonpartisan basis without any designation of political party affiliation.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 38. Electors; registration.
Any person who is qualified to register to vote and is a resident of Atlantic Beach who
has qualified as an elector of this state, and who registers in the manner prescribed by F.S.
Chapter 98 and ordinances of Atlantic Beach, shall be a qualified elector of the municipality.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 39. Nominations.
Any elector of the city having the additional qualifications and limitations as set forth in
Article II, Section 6, may be nominated for a seat in the city commission. Such nomination shall
be only by petition. A petition for this purpose shall be signed by not less than twenty-five (25)
qualified electors of the city. The signatures on the nominating petition need not all be
subscribed on one paper. Each separate paper shall have affixed a signed statement of the
circulator thereof stating the number of signers of such paper and that each signature appended
thereto was made in the presence of the circulator and is the genuine signature of the person
whose name it purports to be. Each signer, including the circulator, shall provide his/her place of
residence, including the street and number. The form of the nomination petition shall be
substantially as follows:
"We, the undersigned electors of the City 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, and
that we are qualified to vote for a candidate for the city commission.
Name, street, and number address from which last date of registered (if different) signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing ;#rule; signatures.
Each signature appended thereto was made in my presence and is the genuine signature of the
person whose name it purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS:
Any signature made earlier than forty (40) days prior to the first day of qualifying shall be
void. All petitions must be filed with the city clerk no later than 10 days prior to the qualifying
period. The qualifying period will begin no later than noon on the 71st day (Monday) prior to the
primary election and will end at noon on the 67th day (Friday) prior to the primary election. All
other qualifying papers shall be filed as one instrument with the city clerk during the qualifying
period. The city clerk shall make a record of the exact time at which each petition is filed, and
shall take and preserve the name and address of the person by whom it is filed. No nominating
petition shall be accepted unless accompanied by a signed acceptance of the nomination in
substantially the following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No.
on the city commission and agree to serve if elected.
SIGNATURE OF CANDIDATE
Within two days after the filing of a nominating petition, the city clerk shall notify the
candidate and the person who filed the petition whether or not it is found to be signed by the
required number of qualified electors. If a petition is found insufficient, the city clerk shall return
it immediately to the person who filed it with a statement certifying wherein the petition is found
insufficient. Within the regular time for filing petitions, such a petition may be amended and filed
again as a new petition, in which case the time of the first filing shall be disregarded in
determining the validity of signatures thereon, or a different petition may be filed for the same
candidate. The petition of each person nominated to be a member of the city commission shall
be preserved by the city clerk until the expiration of the term of office for which the candidate
has been nominated.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 40. Elections: Primary.
A primary election for the nomination of candidates for the office of city commissioner of
the city shall be held every two (2) years on the Tuesday that is ten (10) weeks prior to the
General Election, for each seat on the city commission which shall become vacant on the
second Monday in November of the same year, or when the newly elected city commissioners
assume the duties office in accordance with Sec. 14 of this Charter. The two candidates for
each seat to be filled receiving the greatest number of votes in said primary shall be certified as
candidates or nominees at the general election, provided, however, that should any candidate
receive at such primary election a majority of all votes cast, he or she shall be declared regularly
elected and shall not be required to enter the general election as hereinafter provided. However,
should only one candidate be nominated for a particular seat, an election for that seat will not be
required and the unopposed candidate shall be declared elected to the office of city
commissioner.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 41. Elections: General.
A regular or general election of candidates or nominees to the office of city
commissioner shall be held every two (2) years on the first Tuesday after the first Monday in
November, unless all vacancies have been determined by the primary election in accordance
with Section 40 of this Charter. The candidate or nominee receiving the majority of votes for
each seat at such general election shall be declared elected. In the event of a tie between two
candidates in the general election the candidates shall draw lots in accordance with Florida
Statutes to determine the winner.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 42. Elections: Absentee voting.
Except as herein specifically provided all elections and absentee voting in the city shall
be conducted in accordance with the provisions of F.S. Chapter 101.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 43. Elections: Canvassing board, duties.
The City of Atlantic Beach delegates the election canvassing responsibilities for all city
elections to the Duval County Canvassing Board. The Canvassing Board may meet in Atlantic
Beach, or at a location as decided by the Duval County Canvassing Board in a building
accessible to the public to publicly canvass the absentee electors' ballots and provisional ballots
as provided for in Florida Statutes. Public notice of canvassing shall be given at least 48 hours
in advance in a publication of general circulation in the City of Atlantic Beach. The canvass shall
be made from the returns and certificates of the inspectors as signed and filed by them. The
canvassing board shall submit to the Supervisor of Elections the preliminary returns by 11:59
pm on election night. See Chapters 101 and 102, Florida Statutes for a complete listing of
Canvassing Board duties. After each city election, the Canvassing Board shall issue an official
Certification of Election to the city clerk. The clerk shall provide a certificate of election to the
candidates elected.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE X. INITIATIVE AND REFERENDUM
Sec. 44. Power of initiative.
Sec. 45. Power of referendum.
Sec. 46. Form of petitions; committee of petitioners.
Sec. 47. Filing, examination and certification of petitions.
Sec. 48. Amendment of petitions.
Sec. 49. Effect of certification of referendum petition.
Sec. 50. Consideration by city commission.
Sec. 51. Submission to electors.
Sec. 52. Form of ballot for initiated and referred ordinances.
Sec. 53. Availability of list of qualified electors.
Sec. 54. Results of election.
Sec. 55. Reserved.
Sec. 44. Power of initiative.
The electors shall have the power to propose any ordinance, except an ordinance
appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the
polls, such power being known as the initiative. Any initiated ordinance may be submitted to the
city commission by a petition signed by registered electors of the city equal in number to at least
sixteen percent (16%) of the registered electors at the last regular municipal election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 45. Power of referendum.
Under the power known as the referendum the electors shall have power to approve or
reject at the polls any ordinance passed by the city commission, or submitted by the city
commission to a vote of the electors, except as provided in F.S. 166 Part II for bond ordinances.
Ordinances submitted to the city commission by initiative petition and passed by the city
commission without change shall be subject to the referendum. Within thirty (30) days after the
enactment by the city commission of any ordinance which is subject to a referendum, a petition
signed by registered electors of the city equal to at least sixteen percent (16%) of the registered
electors at the last preceding regular municipal election may be filed with the city clerk
requesting any such ordinance be either repealed by the city commission or submitted to a vote
of the electors.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 46. Form of petitions; committee of petitioners.
All petition papers circulated for the purpose of an initiative or referendum shall be
uniform in size and style, and shall contain the full text of the proposed ordinance. The
signatures to the initiative or referendum petitions need not all be appended to one paper.
Signatures on such petitions shall be in ink and shall be followed by the petitioner's place of
residence by street and number. There shall appear on each petition the names and addresses
of five electors who, as a committee of the petitioners, shall be regarded as responsible for the
circulation and filing of the petition.
Attached to each separate petition paper there shall be a notarized affidavit signed by
the circulator of the petition stating the number of signatures, that all signatures appended
thereto were made in the presence of the circulator, and that the circulator believes them to be
the genuine signatures of the persons whose names appear on the petition.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 47. Filing, examination and certification of petitions.
All petition papers comprising an initiative or referendum petition shall be assembled and
filed with the city clerk as one instrument. Within thirty (30) days after a petition is filed, the city
clerk shall determine whether each page of the petition has a proper statement of the circulator
and whether the petition is signed by a sufficient number of qualified electors. The city clerk
shall declare any petition paper invalid which does not have attached thereto an affidavit signed
by the circulator on each page. If a petition paper is found to be signed by more persons than
the numbers of signatures certified by the circulator, the last signatures in excess of the number
certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the
number certified, the signatures shall be accepted unless void on other grounds. After
completing the examination of the petition, the city clerk shall certify the result to the city
commission at its next regular meeting. If the city clerk certifies the petition is insufficient, a
certificate listing the defective items shall be prepared and provided to the committee of
petitioners.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 48. Amendment of petitions.
An initiative or referendum petition may be amended within ten (10) days after the
certificate of insufficiency has been sent by the city clerk. An amended petition may be filed as
provided by Section 46. The city clerk shall, within five (5) days, examine the amended petition
and if the petition is still insufficient, shall file a certificate to that effect and notify the committee
of the petitioners of such findings. The finding of the insufficiency of a petition shall not prejudice
the filing of a new petition.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 49. Effect of certification of referendum petition.
When a referendum petition, or an amended petition, as defined in Section 46 has been
certified as sufficient, the ordinance specified in the petition shall not go into effect until and
unless approved by the qualified registered electors.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 50. Consideration by city commission.
Whenever the city commission receives a certified initiative or referendum petition from
the city clerk, it shall proceed forthwith to consider such petition. A proposed initiative ordinance
shall be read and a public hearing shall be held upon the proposed ordinance. The city
commission shall take final action on the ordinance not later than sixty (60) days after the date
on which such ordinance was submitted to the city commission. Such final action shall be
decided by at least a four-fifths affirmative vote of the full city commission to approve, amend or
deny. If such ordinance is one which is referred for reconsideration by the city commission, it
shall be brought forth for its final vote upon such reconsideration and the question shall be,
"Shall the ordinance specified in the referendum be repealed?" Such final action shall also be
decided by at least a four-fifths affirmative vote of the full city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 51. Submission to electors.
If the city commission shall fail to pass an ordinance proposed by initiative petition or
shall pass it in a form different from that set forth, or if the city commission fails to repeal an
ordinance referred for reconsideration, the proposed or referred ordinance shall be submitted to
the electors not less than thirty (30) days nor more than one year from the date the city
commission takes its final vote. If no regular election is to be held within the specified time
frame, the city commission shall provide for a special election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 52. Form of ballot for initiated and referred ordinances.
Ordinances submitted to a vote of the electors in accordance with the initiative and
referendum provision of this Charter shall be submitted by ballot title prepared by the city
attorney or other legal advisor of the city. The ballot title may be different from the legal title of
any such initiated or referred ordinance and shall be a clear, concise statement, without
argument or prejudice, descriptive of the subject of such ordinance. The ballot used in voting
upon any ordinance shall have below the ballot title the following propositions, one above the
other, in order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 53. Availability of list of qualified electors.
Lists of qualified electors or registers may be obtained from the Supervisor of Elections
for Duval County in accordance with the provisions of F.S. 98.045(3).
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 54. Results of election.
If a majority of the electors shall vote in favor of a proposed initiative or referred
ordinance it shall become an ordinance of the city. If conflicting ordinances are approved by the
electors at the same election, the one receiving the greatest number of the affirmative votes
shall prevail.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 55. Reserved.
ARTICLE XI. RECALL ELECTIONS
Sec. 56. Procedures.
Sec. 56. Procedures.
Recall elections shall follow those procedures prescribed by F.S. 100.361.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XII. FRANCHISES
Sec. 57. Granting of franchises.
Sec. 57. Granting of franchises.
The city shall have power to grant a franchise to any private or public enterprise for the
use of streets and other public places in the furnishing of any public service or utility service to
the city and its inhabitants. All franchises and any renewals, extensions and amendments
thereto shall be granted only by ordinance, and under such limitations as may be provided by
the laws of the State of Florida. If the proposed franchise is for fifteen years or more, the
ordinance approving said franchise shall not be effective unless it is approved at a referendum
in the same manner provided in F.S. 166 for the approval of issuance of bonds.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XIII. TAX ADMINISTRATION
Sec. 58. Tax administration.
Sec. 58. Tax administration.
Tax administration shall be in accordance with Florida Statutes or as otherwise provided
for in the Code of Ordinances.
Note: Currently F.S. 193.116, F.S. 205, and Code of Ordinances Chapter 20.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XIV. ZONING
Sec. 59. Zoning, land development regulations and maximum building height.
Sec. 59. Zoning, land development regulations and maximum building height.
Zoning and land development regulations shall be in accordance with Florida Statutes or
as otherwise provided for within the Code of Ordinances, except that in no case shall the
maximum height of buildings within the City of Atlantic Beach exceed thirty-five (35) feet;
provided however, that existing buildings which exceed thirty-five (35) feet in height may be
repaired to that existing height, no alterations shall be made to any building, which would cause
that building to exceed thirty-five (35) feet in height, and this Charter provision shall not restrict
any property owner's vested rights under constitutional, statutory or common law.
Further provided, however, that the city commission may approve, pursuant to the
applicable section of the city's land development regulations, requests to exceed the maximum
building height of thirty-five (35) feet for exterior architectural design elements, exterior decks or
porches within nonresidential land use categories as designated by the future land use map of
the adopted comprehensive plan, for nonresidential development.
The only property excepted from this height limitation shall be certain parts of the
existing hotel property, located at 1 Ocean Boulevard, Atlantic Beach, Florida, which property is
bounded by Ahern Street on the north, the Atlantic Ocean on the east, Atlantic Boulevard on the
south, and Ocean Boulevard on the west, and only those parts of said property as follows:
(1) The existing buildings that exceed thirty-five (35) feet on the property as of the
effective date of this ordinance; and
(2) That part of said property extending west from the existing hotel tower no more
than one hundred twenty-five (125) feet towards the west property line, no closer
than fifty (50) feet to the south property line, with no more than a maximum width
of one hundred (100) feet and containing an additional footprint of no more than
eleven thousand five hundred (11,500) square feet.
However, any future development, redevelopment or expansion on these parts of the
property, which are proposed to exceed thirty-five (35) feet in height shall be subject to approval
by the city commission and shall in no event exceed the height of the existing hotel tower
building as of the effective date of this ordinance.
Note: Currently F.S. 163, F.S. 166, and Code of Ordinances Chapters 14 and 20.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XV. MUNICIPAL BORROWING
Sec. 60. Authority to borrow.
Sec. 60. Authority to borrow.
The city may borrow money, contract loans and issue bonds as provided by F.S. 166
Part II from time to time to finance the undertaking of any capital or other project for the
purposes permitted by the State Constitution, and may pledge funds, credit, property, and tax
revenues for the payment of such debts and bonds.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XVI. SUITS AGAINST THE CITY
Sec. 61. Suits.
Sec.61. Suits.
No suit shall be brought against the city for damages unless all provisions of state law
have been met.
Upon receiving notice of any suit, the city manager shall inform the city commission of
the lawsuit as soon as practical. Upon receipt of a written claim for damages by an injured party
the city commission may, by ordinance, make a settlement of the claim.
(Ord No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XVII. GENERAL AND MISCELLANEOUS PROVISIONS
Sec. 62. Removal of officers and employees.
Sec. 63. Removal of members of boards, commissions, or agencies.
Sec. 64. Investigations.
Sec. 65. Publicity of records.
Sec. 66. Personal interest.
Sec. 67. Official bonds.
Sec. 68. Oath of office.
Sec. 69. Effect of this charter on existing law.
Sec. 70. Rights of officers and employees preserved.
Sec. 71. Continuance of present officers.
Sec. 72. Continuity of offices, boards, commissions or agencies.
Sec. 73. Transfer of records and property.
Sec. 74. Title to property reserved.
Sec. 75. Continuance of contracts and public improvements.
Sec. 76. Pending actions and proceedings.
Sec. 77. Short title.
Sec. 78. Severability clause.
Sec. 62. Removal of officers and employees.
Any officer or employee appointed by the city manager or head of any office, department
or agency may be removed by the city manager at any time pursuant to city ordinances.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 63. Removal of members of boards, commissions, or agencies.
Except as provided in this Charter, an agent, a member of any board, committee, task
force, commission or agency of the city who has been appointed by the city commission, may
be removed by the city commission in the same manner as provided for the removal of the city
manager in Section 25 of this Charter.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 64. Investigations.
The city commission, or any committee thereof, the city manager or any advisory board
appointed by the city commission for such purpose, shall have power at any time to cause the
affairs of any department or the conduct of any officer or employee under their jurisdiction to be
investigated; and for such purpose shall have power to compel the attendance of witnesses and
the production of books, papers and other evidence; and for that purpose may issue subpoenas
which shall be signed by the president or chairman of the body, or by the officer making the
investigation, and shall be served by an officer authorized to serve such process. The authority
making such investigation shall have power to cause the testimony to be given under oath, such
oath to be administered by some officer having authority under the law of the state to administer
oaths. Failure to obey such subpoena or to produce books, papers, or other evidence as
ordered under the provisions of this section shall constitute a violation of the municipal
ordinance and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by
imprisonment not to exceed sixty days, or both. Enforcement of any violation of this municipal
ordinance shall be by the State Attorneys office.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 65. Publicity of records.
To the extent required by F.S. Chapter 119, records and accounts of every office,
department or agency of the city shall be public records and open to inspection under
reasonable regulations established by the city commission in accordance with the Public
Records Act.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 66. Personal interest.
No member of the city commission, any officer of the city or department head shall have
a financial interest, direct or indirect, in any contract or in the sale to the city or to a contractor
supplying the city of any land or rights or interests in any land, material, supplies or services.
Any willful violation of this section shall constitute malfeasance in office, and shall be grounds
for removal or termination. Any contract entered into in violation of this section shall be voidable
by the city manager or the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 67. Official bonds.
The city commission shall determine whether or not each officer, clerk, or employee
shall give bond, and the amount thereof, but all officers, clerks and employees handling any
funds or property of the city shall be required to give bond to the city, which bonds shall be
procured from a regularly accredited surety company, authorized to do business under the Laws
of Florida, the premiums on such bonds to be paid by the city. All such bonds shall be filed in
the office of the city clerk.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 68. Oath of office.
Every officer and employee of the city shall, before entering upon the duties of his or her
office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of
the city clerk:
"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of
the United States and of the State of Florida, that I will, in all respects, observe the provisions of
the Charter and ordinances of the City of Atlantic Beach, and will faithfully discharge the duties
of the office of
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 69. Effect of this charter on existing law.
All laws, ordinances and resolutions relating to or affecting the city in force when this
Charter takes effect are hereby repealed and superseded to the extent that such are
inconsistent with the provisions of this Charter.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 70. Rights of officers and employees preserved.
Nothing contained in this Charter, except as specifically provided, shall affect or impair
the rights or privileges of officers or employees of the City of Atlantic Beach or of any office,
department, board, commission, or agency existing at the time when this Charter shall take
effect.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 71. Continuance of present officers.
All commissions, administrative and executive officers, agents, department heads, board
and committee members and their powers, duties and obligations at the time this Charter takes
effect shall continue in effect until provisions have been made in accordance herewith for the
performance of such duties or the discontinuance of such office, powers or obligations.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 72. Continuity of offices, boards, commissions or agencies.
Any office, department, board, commission or agency provided for in this Charter with
powers and duties the same or substantially the same as those which previously existed shall
be deemed to be a continuation of such office, department, board, commission, agent or agency
with the power to continue its duties and obligations.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 73. Transfer of records and property.
All records, property and equipment whatsoever of any office, department, board,
commission, agency, or agent, all the powers and duties of which are assigned to any other
office, department, board, commission, or agency by this Charter, shall be transferred and
delivered to the office, department, board, commission, or agency to which such powers and
duties are so assigned. If part of the powers and duties of any office, department, board,
commission, or agency are by this Charter assigned to any other office, department, board,
commission, or agency, all records, property and equipment relating exclusively thereto shall be
transferred and delivered to the office, department, board, commission or agency to which such
powers and duties are so assigned.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 74. Title to property reserved.
The title, rights, and ownership of property, uncollected taxes, dues, claims, judgments,
decrees and choses in action, held or owned by the City of Atlantic Beach shall continue to be
vested in the corporation under this Charter.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 75. Continuance of contracts and public improvements.
All contracts entered into by the City of Atlantic Beach, or for its benefit, prior to the
taking effect of this Charter, shall continue in full force and effect. Public improvements, for
which legislative steps have been taken under laws or Charter provisions existing at the time
this Charter takes effect, shall be carried to completion in accordance with the provisions of
such existing laws and Charter provisions.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 76. Pending actions and proceedings.
No action or proceeding, civil or criminal, pending at the time when this Charter takes
effect, brought by or against the City of Atlantic Beach, or any office, department, board, agents,
commission, or agency or officer thereof, shall be affected or abated by the adoption of this
Charter or by anything therein contained.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 77. Short title.
This Charter shall be known as the "Atlantic Beach Charter."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 78. Severability clause.
If any section or part of a section of this Charter shall be held invalid by a court of
competent jurisdiction, such holding shall not affect the remainder of this Charter or the context
in which such section or part of section so held invalid may appear, except to the extent that an
entire section or part of a section may be inseparably connected in meaning and effect with the
section or part of section to which such holding shall directly apply.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REVIEW
Sec. 79.
Sec. 80.
Sec. 81.
Effective date of Act.
Effect of changes in state law.
Periodic review
Sec. 79. Effective date of Act.
This Act shall go into effect subject to the referendum and in accordance with state law
under F.S. 166.031.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 80. Effect of changes in state law.
In the event of changes in state law which are in conflict with any provisions of this
Charter, state law shall prevail.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 81. Periodic review
A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15)
electors of the City shall be appointed by the City Commission every eight (8) years to review
the City Charter and propose any amendments or revisions, which may be advisable for
placement on the regular municipal election ballot.
The City Commission shall appoint the Charter Review Committee in January of the year
immediately preceding the election with a definite and specific charge. The Charter Review
Committee shall meet for the purpose of organization within thirty (30) days after the
appointments have been made. The Charter Review Committee shall elect a chair and vice
chair from among its membership. Further meetings of the Charter Review Committee shall be
held upon the call of the chair or a majority of the members of the Charter Review Committee.
All meetings shall be open to the public. No Charter amendment or revision shall be submitted
to the electorate for adoption unless favorably voted upon by a majority of the entire
membership of the Charter Review Committee.
No later than one -hundred and eighty (180) days prior to the regular municipal election,
the Charter Review Committee shall deliver to the City Commission the proposed amendments
or revisions, if any, to the City Charter. Each proposed amendment shall embrace but one
subject and matter directly connected therewith. The City Commission may by resolution place
such amendments or revisions as approved by the Charter Review Committee on the next
regular municipal election ballot. If a majority of the electors voting on the amendments or
revisions favor adoption, such amendments or revisions shall become effective on January 1 of
the succeeding year or such other time as the amendment or revision shall provide.
If the Charter Review Committee does not submit any proposed Charter amendments or
revisions to the City Commission at least one -hundred and eighty (180) days prior to the regular
municipal election, the Charter Review Committee shall be automatically dissolved. Otherwise,
upon acceptance, further amendment or rejection of the proposed amendments or revisions by
the City Commission, the Charter Review Committee shall be automatically dissolved.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
CHARTER COMPARATIVE TABLE
This table shows the location of the sections of the basic Charter and the special acts amending
the Charter.
Chapter Section 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
86-416 1 82
86-461 1 2(b)
CHARTER COMPARATIVE TABLE ORDINANCES
This table shows the location of ordinances amending the Charter.
Ordinance Adoption Section Section
Number Date this Charter
5-75-3 12-22-75 3 7
33-77-4 6-13-77 I 79
II 80
III 81
IV 85
40-79-8 6-11-79 A 109
5-82-8 4-26-82 1 32
2 34
5-83-9 11-14-83 1 7
5-83-12 2-13-84 1 Art. VII(note)
4-86-3 1-26-87 1 Art. XIV(note)
28-91-1 10-28-91 1 5
28-92-4 8-24-92 1 5
28-93-3 8-23-93 1 Rpld 1-6,
8-16,
24-31,
78,
81-99,
109,
158,
160-183
Added 1-80
28-96-4 1-13-97 3 2
90-06-194 8-14-06 1 59
33-07-12 10- 2-07 1 5
33-07-13 10- 2-07 1 14, 39, 40, 41, 43
33-10-17 6-28-10 1 14, 36, 39-41, 43
33-15-19 5-11-15 1(Exh. A) Rpld 1-80
Added 1-54,
56-81
PART II CODE OF ORDINANCES
Chapter 1 GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
Sec. 1-2. Definitions and rules of construction.
Sec. 1-3. Headings and catchlines.
Sec. 1-4. History notes and references.
Sec. 1-5. Certain ordinances saved from repeal.
Sec. 1-6. Effect of Code on prior acts or rights.
Sec. 1-7. Effect of repeal of ordinances.
Sec. 1-8. Severability of parts of Code.
Sec. 1-9. Amendments to Code.
Sec. 1-10. Supplementation of Code.
Sec. 1-11. General penalty; continuing violations.
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:
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
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.
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)
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 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
indebtedness, 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)
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,
paragraphs, 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
unconstitutionality 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 subsequent 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.".
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 supplement 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:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings and titles for sections and other
subdivisions of the Code printed in the supplement, and make changes in
such catchlines, headings and titles;
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
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.
(3)
(5)
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 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 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)
Chapter 2 ADMINISTRATION "[1]
ARTICLE I. IN GENERAL
Sec. 2-1. Defense of civil actions against public officers, employees or agents; payment of
judgments or settlements.
Sec. 2-2. Charitable contributions prohibited.
Secs. 2-3-2-15. Reserved.
Sec. 2-1. Defense of civil actions against public officers, employees or agents; payment
of judgments or settlements.
(a) Defense of civil actions. The city shall provide an attorney to defend any civil
action arising from a complaint for damages or injury suffered as a result of any
act or omission of action of any of its officers, employees, or agents for an act or
omission arising out of and in the scope of his or her employment or function,
unless, in the case of a tort action, the officer, employee or agent acted in bad
faith, with malicious purpose, or in a manner exhibiting willful disregard of human
rights, safety, or property. Defense of such civil action includes, but is not limited
to, any civil rights lawsuit seeking relief personally against the officer, employee,
or agent for an act or omission under color of state law, custom or usage,
wherein it is alleged that such officer, employee, or agent has deprived another
person of his rights secured under the Federal Constitution or laws. Legal
representation of an officer, employee, or agent of the city may be provided by
the city attorney. However, any attorney's fees paid from public funds for an
officer, employee, or agent who is found to be personally liable by virtue of acting
outside the scope of his employment, or was acting in bad faith, with malicious
purpose, or in a manner exhibiting wanton and willful disregard of human rights,
safety, or property, may be recovered by the city in a civil action against such
officer, employee, or agent. If the city fails, pursuant to this section to provide an
attorney to defend a civil action arising from a complaint for damages or injury
suffered as a result of any act or omission of action of any of its officers,
employees, or agents and fails to provide such attorney, the city shall reimburse
the defendant who prevails in the action for court cost and reasonable attorney's
fees.
(b) Payment of judgments or settlements against certain public officers or
employees. When the city fails to provide insurance coverage for action set forth
in subsection (a) and is not participating in the State Insurance Risk Management
Trust Fund it will pay:
(1) Any final judgment, including damages, costs, and attorney's fees, arising
from a complaint for damages or injury suffered as a result of any act or
omission of action of any officer, employee, or agent in a civil or civil
rights lawsuit described in subsection (a). If the civil action arises under
section 768.28, Florida Statutes, as a tort claim, the limitation and
provision of section 768.28 governing payment shall apply. If the action is
a civil rights action arising under 42 U.S.C. 1983, or similar federal
statutes, payments for the full amount of the judgment may be made
unless the officer, employee, or agent has been determined in the final
judgment to have caused the harm intentionally.
(2) Any compromise or settlement of any claim or litigation as described in
paragraph (1) subject to the limitations set forth in that paragraph.
Any reimbursement required under subsection (a) for court costs and
reasonable attorney's fees when the city has failed to provide an attorney
and the defendant prevails.
(Ord. No. 95-88-34, §§ 1, 2, 3-14-88)
(3)
Editor's note—
Ord. No. 95-88-34, §§ 1, 2, adopted March 14, 1988, did not specifically amend the Code;
therefore, inclusion as § 2-1 was at the discretion of the editor.
Sec. 2-2. Charitable contributions prohibited.
The city shall not contribute city funds to any charitable, nonprofit, or other worthy cause.
However, the city may contribute city funds or other support to artistic, recreational, or cultural
programs, events or projects which benefit the residents of Atlantic Beach, as follows:
(1) Requests for contributions to such programs, events or projects shall be
submitted to the cultural arts and recreational advisory committee.
(2) The cultural arts and recreational advisory committee will make
recommendations on any such requests to the city commission, who will then
make the final decision on funding the request.
Any request for contributions which are not artistic, recreational, or cultural in
nature shall be submitted directly to the city commission for consideration.
(Ord. No. 95-91-50, § 1, 10-28-91; Ord. No. 05-02-37, § 1, 7-8-02)
(3)
Editor's note—
Ord. No. 95-91-50, § 1, adopted Oct. 28, 1991, amended the Code by adding § 1-5(b). For
purposes of classification, § 1-5(b) has been codified as § 2-2 at the discretion of
the editor.
Secs. 2-3-2-15. Reserved.
ARTICLE II. CITY COMMISSION iii[2]
Sec. 2-16. Time and place of regular meetings.
Sec. 2-17. Calling special meetings.
Sec. 2-18. Quorum.
Sec. 2-19. Rules of conduct and procedure at meetings.
Sec. 2-20. Salary of members.
Sec. 2-21. Resignation from office; election procedures.
Sec. 2-22. Voting districts.
Secs. 2-23-2-30. Reserved.
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 6:30 p.m. If the second or fourth
Monday falls on a holiday, the regular meeting shall be held on Tuesday immediately following
the holiday. In the month of December, the regular meeting shall be held on the second Monday
of the month.
(Code 1970, § 2-2; Ord. No. 5-83-10, § 1, 12-12-83; Ord. No. 5-08-48, § 1, 2-25-08; Ord. No.
5-12-55, § 1, 1-9-12; Ord. No. 5-13-58, § 1, 4-8-13; Ord. No. 5-14-61, § 1, 9-8-14)
Editor's note—
Section 1 of Ord. No. 5-14-61, adopted Sept. 8, 2014, changed the title of § 2-16 from
"Time and place of regular meetings and scheduled workshops" to read as herein
set out.
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 commission by any member
as a matter of course, and on the appeal, it shall require a majority vote of the
members to sustain the appeal.
(2) Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas
and nays on any question shall be taken upon the request of any one (1)
member. The roll call shall be conducted as follows: The city clerk shall arrange
the names of the members of the city commission in alphabetical order, and each
call of the roll shall be restated in a manner so that upon each call thereof, he will
commence with the member's name that was called second upon the preceding
roll call, and thereafter proceed to call the roll according to alphabetical order;
except, that the mayor-commissioner's name shall be called last.
(3) Rule 3. When a member is called to order, he shall immediately take his seat,
and the presiding officer shall pass upon the point of order.
(4) Rule 4. No member shall speak at any meeting more than twice on the same
question, or more than five (5) minutes at any one time.
(5) Rule 5. No member shall be interrupted by another without the consent of the
member who has the floor, except by rising to a question of order.
(6) Rule 6. No member shall absent himself from the meeting before adjournment for
more than five (5) minutes at a time without leave of the presiding officer.
(7) Rule 7. The order of business shall be as follows:
a. Approval of minutes of preceding meetings;
b. Courtesy of floor to any visitors who desire to bring a matter to the city
commission's attention;
c. Unfinished business of preceding meeting;
d. Consent agenda;
e. Report of committees;
f. Action on resolutions;
g. Action on ordinances;
h. Miscellaneous business;
City manager reports;
j. Reports and/or requests from city commissioners and city attorney.
(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.
Rule 9. It shall be the duty of all committees to report on every subject referred to
them at the next regular meeting following the reference; provided, the city
commission may direct a report to be made at an intervening adjourned meeting.
If any committee fails to report on any matter as required, they may be relieved of
further consideration of the matter, and it be otherwise disposed of by the city
commission.
(9)
(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 presiding officer shall order same received or filed or referred to
proper committees, and the order made shall prevail unless motion for other
disposition of the matter in question shall be made and prevail.
(14) Rule 14. Every petition or other paper shall, previous to presentation, be so
endorsed as to clearly indicate the substance of the contents. Its reference or
other disposition shall be endorsed on it by the city clerk.
(15) Rule 15. Proposed ordinances may be introduced at any meeting of the city
commission, provided the same are prepared in written or printed form. Unless
copies of the proposed ordinances shall have been previously delivered to the
mayor -commissioner and each member of the city commission at least three (3)
days prior to the meeting at which they are introduced, no action on the passage
of the same shall be taken at the meeting at which introduced except by
unanimous consent of all members of the city commission present. The city
manager, city clerk and city attorney shall, when requested by the
mayor -commissioner or any member of the city commission, exert their best
efforts to assist in the preparation of proposed ordinances and cause copies
thereof to be delivered to the mayor -commissioner and each member of the city
commission at least three (3) days prior to the next scheduled meeting of the city
commission following the request.
(16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and
nays shall be taken upon the disposition made at each reading thereof, and shall
be entered upon the journal of the proceedings of the city commission.
(17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment
thereto may be withdrawn by the mover or the proposer at any time before
amendment or putting it to a vote.
(18) Rule 18. The city manager shall furnish each member of the city commission with
a list of unfinished business of the preceding meetings, and a separate list of
unfinished business generally, in the order of its introduction, and a separate list
of new matters expected to be presented at the meeting, prior to every meeting.
(19) Rule 19. The city manager shall submit regular written monthly reports to the city
commission.
(20) Rule 20. After the decision of any question, it shall be in order only for a member
voting on the prevailing side to move a reconsideration at the same or next
regular meeting. If a motion to reconsider is lost, it shall not be renewed and
reconsidered without the unanimous consent of the city commission in
attendance at the meeting at which reconsideration is requested.
(21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for
special reasons by a vote of the majority of the members of the city commission
present.
(22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of
Order" shall be the book of reference, and its rules, so far as they are applicable
and not in conflict with the provisions of the city's Charter, this Code or other city
ordinances, shall be the rules of the city commission.
(23) Rule 23. The mayor pro tem shall exercise the duties and powers of the
mayor -commissioner during his absence or disability.
(24) Rule 24. It shall be the duty of the city clerk or her/his designee to attend all
meetings of the city commission and to record and keep the minutes and records
thereof. The minutes of such meetings shall be promptly recorded for public
inspection as required by state law. It shall be the duty of the
mayor -commissioner, and in his absence, the mayor pro tem or other city
commissioner, to see that the proceedings of every meeting are properly and
promptly recorded by the city clerk or her/his designee, and the record of every
meeting shall be signed, when approved, by the city clerk or her/his designee
and the mayor -commissioner or the mayor pro tem or other city commissioner
who presided thereat.
(25) Rule 25. Any city commissioner or charter officer may request that any motion be
presented in writing.
(26) Rule 26. The city commission may take action on a matter which, because of
time constraints, has not been included on the agenda for their meeting, if such
matter is declared to be an emergency by the affirmative votes of the majority of
the members of the city commission. The passage of emergency ordinances and
resolutions, however, shall be in accordance with Section 18 of the City Charter.
(27) Rule 27. It shall be the duty of a city commissioner who will be absent from any
city commission meeting to notify the other commissioners of any such
anticipated absence. Said notice shall be given as far in advance as possible,
either orally at a meeting prior to the one which the commissioner will be absent
from, or by e-mail to the city clerk, who will then forward the notice to the other
commissioners. If the notice includes a request for an excused absence, it shall
state briefly the reasons why the excused absence is being requested, and the
other commissioners shall vote on the request at the meeting at which it is orally
requested or as an agenda item at a subsequent meeting following notice by
e-mail.
(28) Rule 28. City commissioners shall be prohibited from accepting or sending any
electronic communications via cell phone or other device during the course of a
city commission meeting. Electronic communications include, but are not limited
to, emails, Blackberry PINs, SMS communications (text messaging), MMS
communications (multimedia content), and instant messaging. City
commissioners may have cell phones turned on during city commission
meetings, to be used only in the event of an emergency.
(Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88; Ord. No. 5-97-29, § 1, 2-24-97; Ord. No.
5-01-36, § 1, 11-12-01; Ord. No. 5-12-56, §§ 1, 2, 8-27-12; Ord. No. 5-12-57, § 1, 11-26-12)
Sec. 2-20. Salary of members.
(a) The annual salary of the mayor and commissioners shall be made in twelve (12)
equal monthly payments.
(b) Effective August 1 each year the basic salary of the mayor -commissioner and
city commissioners shall be reviewed and adjusted by the Consumer Price Index
for All Urban Consumers (CPI -U) released in August. Adjustments, if any, shall
not exceed the cost of living adjustment provided to general employees and shall
be effective on October 1 of each year. A reduction of ten (10) percent, effective
October 1, 2009, shall be made to reduce the annual salary of the mayor to nine
thousand three hundred ninety-two dollars and four cents ($9,392.04) and to
reduce the annual salary of the commissioners to five thousand seven hundred
sixteen dollars and thirty-two cents ($5,716.32) with the next pay adjustment
under this section being on October 1, 2010, if appropriate.
(c) This review and increase in basic salary does not negate an annual cost of living
increase that might be awarded each year to all city employees.
(Laws of Fla., Ch. 57-1126, § 7; Ord. No. 5-75-3, § 3, 12-22-75; Ord. No. 5-83-9, § 1, 11-14-83;
Ord. No. 5-00-33, § 1, 8-28-00; Ord. No. 5-02-39, § 1, 10-14-02; Ord. No. 5-06-45, § 1, 2-27-06;
Ord. No. 5-06-45, § 1, 2-27-06; Ord. No. 5-07-47, § 1, 9-24-07; Ord. No. 5-09-51, § 1, 9-28-09)
Sec. 2-21. Resignation from office; election procedures.
(a) A city commissioner seeking to run for another elected office shall submit a letter
of resignation at least thirty (30) days prior to the first day of qualifying for the
office he intends to seek. The resignation must be effective no later than the
earlier of the following dates:
(1) The date the commissioner would take his new office, if elected; or
(2) The date the commissioner's successor is required to take office.
(b) The commission seat shall be placed on the ballot at the next election after the
filing of the letter of resignation. The candidate winning the commission seat shall
take office on the effective date of the assuming of offices following the election
and shall serve the remaining unexpired term of the resigning commissioner.
(c) This section shall not preclude the city commission from electing an eligible
person to serve in the interim as provided for in Section 12 of the City Charter.
(Ord. No. 33-93-5, § 1, 3-22-93)
Sec. 2-22. Voting districts.
The four (4) voting districts within the City of Atlantic Beach for seats 2 through 5 of the
city commission are as described and renumbered as follows:
(a) Seat 2. District 1308 (formerly 13H) shall be as shown on the attached drawing
entitled "Atlantic Beach Voting Districts (2010 Census)," the boundaries of which
are as follows:
Beginning at a point in the City of Atlantic Beach's eastern city limits, being a point of
intersection of the Atlantic Ocean and the eastern extension of the 16th Street right-of-way; then
running westerly along the 16th Street right-of-way and extension thereof, to a point of
intersection with the Beach Avenue right-of-way; then running northerly along the Beach
Avenue right-of-way to a point of intersection with the 17th Street right-of-way; then running
westerly along the 17th Street right-of-way to a point of intersection with the Seminole Road
right-of-way; then running northerly along the Seminole Road right-of-way, to a point of
intersection with the Saturiba Drive right-of-way; then running westerly along the Saturiba Drive
right-of-way to its western terminus; then running southwest to a point of intersection with the
western city limits line, being also the southwestern corner of the Sevilla Gardens condominium
property; then running southerly along the city limits line, being also the eastern boundary of the
Selva Marina Country Club property, to a point of intersection with the eastern extension of the
Dutton Island Road right-of-way, also being the northern city limits; then running westerly along
the Dutton Island Road right-of-way and eastern extension thereof, to a point of intersection with
the Main Street right-of-way; then running southerly along the Main Street right-of-way to a point
of intersection with the Levy Road right-of-way; then running easterly along the Levy Road
right-of-way to point of intersection with the Mayport Road right-of-way; then running southerly
along the Mayport Road right-of-way to a point of intersection with the Plaza right-of-way; then
running easterly along the Plaza right-of-way to a point of intersection with the Ocean Boulevard
right-of-way; then running northerly along the Ocean Boulevard right-of-way to a point of
intersection with the 10th Street right-of-way; then running easterly along the 10th Street
right-of-way to a point of intersection with the Beach Avenue right-of-way; then running northerly
along the Beach Avenue right-of-way to a point of intersection with the 11th Street right-of-way;
then running easterly along the 11th Street right-of-way and the eastern extension thereof, to a
point of intersection with the Atlantic Ocean, being also the eastern city limits line; then running
northerly along the city limits line to the point of beginning.
(b) Seat 3. District 1307 (formerly 13G) shall be as shown on the attached drawing
entitled "Atlantic Beach Voting Districts (2010 Census)", the boundaries of which
are as follows:
Beginning at a point in the City of Atlantic Beach's northern city limits on the east at its
intersection with the Atlantic Ocean; then running westerly along the northern city limits line,
also being the southern boundary of Hanna Park, to a point located at the southwest corner of
the Hanna Park property; then running southerly along the city limits line, and then westerly
along the city limits line to a point of intersection with the Mayport Road right-of-way; then
running southerly along the city limits line to a point where the city limits line turns east just
south of the Fairway Villas PUD; then running east, then north along the city limits line, being
the southern boundary of the Fleet Landing PUD and also the northern boundary of the Selva
Marina Country Club golf course property, to a point located in the southwest corner of the
Sevilla Gardens condominium property; then running northeast to a point of intersection with the
western terminus of the Saturiba Drive right-of-way; then running easterly along said Saturiba
Drive right-of-way to a point of intersection with the Seminole Road right-of-way; then running
southerly along the Seminole Road right-of-way to a point of intersection with the 17th Street
right-of-way; then running easterly along the 17th Street right-of-way to a point of intersection
with the Beach Avenue right-of-way; then running southerly along the Beach Avenue
right-of-way to a point of intersection with the 16th Street right-of-way; then running easterly
along the 16th Street right-of-way and the eastern extension thereof, to a point of intersection
with the Atlantic Ocean, being also the eastern city limits line; then running northerly along the
city limits line to the point of beginning.
(c) Seat 4. District 1306 (formerly 13F) shall be as shown on the attached drawing
entitled "Atlantic Beach Voting Districts (2010 Census)", the boundaries of which
are as follows:
Beginning at a point in the City of Atlantic Beach's eastern city limits, being a point of
intersection between the Atlantic Ocean and the eastern extension of the 11th Street
right-of-way; then running westerly along the 11th Street right-of-way to a point of intersection
with the Beach Avenue right-of-way; then running southerly along the Beach Avenue
right-of-way to a point of intersection with the 10th Street right-of-way; then running westerly
along the 10th Street right-of-way to a point of intersection with the Ocean Boulevard
right-of-way; then running southerly along the Ocean Boulevard right-of-way to a point of
intersection with the Plaza right-of-way; then running westerly along the Plaza right-of-way to a
point of intersection with the Sargo Road right-of-way; then running southerly along the Sargo
Road right-of-way to a point of intersection with the Cavalla Road right-of-way; then running
easterly along the Cavalla Road right-of-way to a point of intersection with the Royal Palms
Drive right-of-way; then running southerly along the Royal Palms Drive right-of-way to a point of
intersection with the southern city limits, which is a line parallel at right angles to, and sixteen
(16) feet north of the centerline of the Atlantic Boulevard right-of-way; then running easterly
along the southern city limits line to a point of intersection with the Atlantic Ocean, being the
eastern city limits; then running northerly along the eastern city limits line to the point of
beginning.
(d) Seat 5. District 1312 (formerly 13S) shall be as shown on the attached drawing
entitled "Atlantic Beach Voting Districts (2010 Census)", the boundaries of which
are as follows:
Beginning at a point in the City of Atlantic Beach's northern city limits, being a point of
intersection between the Dutton Island Road right-of-way and the Main Street right-of-way; then
running westerly along the northern city limits line to a point of intersection with the Intracoastal
Waterway Canal right-of-way, being also the western city limits line; then running southerly
along the western city limits line to a point of intersection with a line lying parallel at right angles
to, and sixteen (16) feet north of the center line of the Atlantic Boulevard right-of-way, being also
the southern city limits line; then running easterly along said southern city limits line to a point of
intersection with the Royal Palms right-of-way; then running northerly along the Royal Palms
right-of-way to a point of intersection with the Cavalla Road right-of-way; then running westerly
along the Cavalla Road right-of-way to a point of intersection with the Sargo Road right-of-way;
then running northerly along the Sargo Road right-of-way to a point of intersection with the
Plaza right-of-way; then running westerly along the Plaza right-of-way to a point of intersection
with the Mayport Road right-of-way; then running northerly along the Mayport Road right-of-way
to a point of intersection with the Levy Road right-of-way; then running westerly along the Levy
Road right-of-way to a point of intersection with the Main Street right-of-way; then running
northerly along the Main Street right-of-way to the point of beginning."
(Ord. No. 33-12-18, § 1, 8-13-12)
Secs. 2-23-2-30. Reserved.
ARTICLE III. CITY MANAGER 1'1[3]
Secs. 2-31-2-40. Reserved.
Secs. 2-31-2-40. Reserved.
ARTICLE IV. DEPARTMENTS
DIVISION 1. GENERALLY
Sec. 2-41. Director of public safety.
Secs. 2-42-2-50. Reserved.
Sec. 2-41. Director of public safety.
The city manager, or any other qualified person as provided herein, shall be the director
of public safety, under whose supervision there shall be a police department and a fire
department.
(1) In the event the city manager desires to appoint a director of public safety, the
director of public safety shall be appointed and removed by the city manager,
subject to the approval of the city commission. The director of public safety shall
be compensated as determined by the city manager.
(2) The duties of the director of public safety shall include attendance at all meetings
of the city commission as required by the city manager; supervision and
coordination of the police, fire and lifeguard operations of the city; participation in
emergency planning and operations before, during and after major incidents
affecting public safety; and performance of such other duties as may be lawfully
required of him.
(Laws of Fla., Ch. 57-1126, § 35; Code 1970, § 2-1; Ord. No. 57-78-7, § B, 9-25-78; Ord. No.
57-83-9, § 1, 2-28-83; Ord. No. 5-95-26, § 1, 1-8-96)
Secs. 2-42-2-50. Reserved.
DIVISION 2. POLICE DEPARTMENT "[4]
Sec. 2-51. Chief of police—Appointment, compensation, removal.
Sec. 2-52. Same—Duties and authority.
Sec. 2-53. Powers and authority of deputies and chief.
Secs. 2-54-2-60. Reserved.
Sec. 2-51. Chief of police—Appointment, compensation, removal.
The chief of police shall be the head of the police department and shall be appointed
and removed by the director of public safety, subject to the approval of the city commission. He
shall receive such compensation as determined by the city commission.
(Laws of Fla., Ch. 57-1126, § 36; Ord. No. 57-78-7, § C, 9-25-78; Ord. No. 57-83-9, § 1,
2-28-83; Ord. No. 57-90-16, § 1, 5-29-90)
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 "'[5]
Sec. 2-61.
Sec. 2-62.
Sec. 2-63.
Fire chief—Appointment; compensation.
Same—Duties and authority.
Lifeguard division.
Secs. 2-64-2-70. Reserved.
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 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. Lifeguard division.
The lifeguard division shall be under the supervision of the lifeguard captain, who shall
be responsible to the fire chief. The functions of the division shall be as follows:
(1)
(2)
(3)
(4)
(5)
Protect the safety and welfare of all persons using the beaches.
Regulate all rules governing beaches for safety purposes.
Give artificial respiration and other medical aid for minor purposes.
Prepare reports on the conditions of approaches and beaches, and submit
departmental resumes of monthly information to the director of public safety.
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; Ord. No. 57-93-19, § 1, 2-8-93)
Secs. 2-64-2-70. Reserved.
DIVISION 4. DEPARTMENT OF FINANCE ""[6]
Sec. 2-71. Appointment of director of finance.
Sec. 2-72. Created.
Sec. 2-73. Investment of funds; policy.
Sec. 2-74. Finance director—Duties generally.
Sec. 2-75. Same—Financial information.
Sec. 2-76.
Sec. 2-77. Functions.
Sec. 2-78. Duties.
Same—Assisting in preparation of budget; accepting other responsibilities.
Sec. 2-71. Appointment of director of finance.
The city manager may, at his discretion, appoint a director of finance and other
employees 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. Investment of funds; policy.
The director of finance shall invest funds of the city which are not required for immediate
disbursement. Such investment must be in accordance with the most recent investment policy
as adopted by resolution of the city commission.
(Ord. No. 5-81-7, § 5, 1-11-82; Ord. No. 35-95-9, § 1, 9-25-95)
Sec. 2-74. Finance director—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)
DIVISION 5. DEPARTMENT OF PUBLIC WORKS
Sec. 2-79. Created.
Sec. 2-80. Director of public works/city engineer—Appointment, compensation.
Sec. 2-81. Same—Duties.
Sec. 2-82. Reserved.
Sec. 2-83. Other duties.
Sec. 2-79. Created.
There is hereby created and established a department of public works. The department
shall be an administrative department of the city responsible to the city manager.
(Ord. No. 5-86-14, § 1, 1-27-86)
Sec. 2-80. Director of public works/city engineer—Appointment, compensation.
The director of public works/city engineer shall be the head of the department of public
works and his appointment or removal shall be authorized by the city manager. The director of
public works/city engineer shall receive such compensation as determined by the city
commission.
(Ord. No. 5-86-14, § 1, 1-27-86; Ord. No. 5-01-35, § 1, 6-11-01)
Sec. 2-81. Same—Duties.
The director of public works/city engineer, under the direction of the city manager, shall
be responsible for the supervision of the maintenance of streets, sanitation, drainage facilities,
stormwater and fleet maintenance.
(Ord. No. 5-86-14, § 1, 1-27-86; Ord. No. 5-01-35, § 1, 6-11-01)
Sec. 2-82. Reserved.
Editor's note—
Ord. No. 5-01-35, § 1, adopted June 11, 2001, deleted former § 2-82, which pertained to
divisions; appointment, compensation of chiefs, and derived from Ord. No.
5-86-14, § 1, adopted January 27, 1986.
Sec. 2-83. Other duties.
The department shall perform such other duties as may be assigned by the city manager
and the director of the department shall be responsible for keeping the city manager informed of
the activities of the department.
(Ord. No. 5-86-14, § 1, 1-27-86)
DIVISION 6. DEPARTMENT OF PUBLIC UTILITIES
Sec. 2-84. Created.
Sec. 2-85. Utility director—Appointment, compensation.
Sec. 2-86. Same—Duties.
Sec. 2-87. Other duties.
Secs. 2-88-2-130. Reserved.
Sec. 2-84. Created.
There is hereby created and established a department of public utilities. The department
shall be an administrative department of the city responsible to the city manager.
(Ord. No. 5-01-35, § 2, 6-11-01)
Sec. 2-85. Utility director—Appointment, compensation.
The utility director shall be the head of the department of public utilities and his
appointment or removal shall be authorized by the city manager. The utility director shall receive
such compensation as determined by the city commission.
(Ord. No. 5-01-35, § 2, 6-11-01)
Sec. 2-86. Same—Duties.
The utility director, under the direction of the city manager, shall be responsible for the
supervision of the maintenance of water, sewer and reclaimed water facilities including
production, treatment and conveyance systems.
(Ord. No. 5-01-35, § 2, 6-11-01)
Sec. 2-87. Other duties.
The department shall perform such other duties as may be assigned by the city manager
and the director of the department shall be responsible for keeping the city manager informed of
the activities of the department.
(Ord. No. 5-01-35, § 2, 6-11-01)
Secs. 2-88-2-130. Reserved.
ARTICLE V. BOARDS AND COMMISSIONS ""'[7]
DIVISION 1. GENERALLY
Sec. 2-131. Reappointment to boards and committees.
Secs. 2-132-2-140. Reserved.
Sec. 2-131.
Reappointment to boards and committees.
Whenever a vacancy occurs on any board or committee of the city, any qualified
person may be appointed to fill such vacancy, including someone who has
previously served on the board or committee on which there is a vacancy.
However, any person who has served on a board or committee of the city for the
maximum number of terms allowed may not again be appointed to that same
board or committee until one (1) year has passed since the person was
term -limited off the board or committee.
(Ord. No. 5-06-46, § 1, 4-10-06)
Secs. 2-132-2-140. Reserved.
DIVISION 2.
Sec. 2-141.
Sec. 2-142.
Sec. 2-143.
Sec. 2-144.
Sec. 2-145.
Sec. 2-146.
Sec. 2-146.1.
Sec. 2-147.
Sec. 2-148.
CODE ENFORCEMENT BOARD ix[8]
Created; membership; terms.
Removal; filling vacancies.
Meetings; election of officers; quorum.
Minutes of hearings; clerical and administrative personnel.
City attorney.
Jurisdiction.
Jurisdiction of special magistrate.
Procedure; enforcement and hearings.
Powers.
Sec. 2-149. Administrative fines; cost of repairs; contestes; liens; money judgments.
Sec. 2-150. Duration of lien.
Sec. 2-151.
Appeal.
Secs. 2-152-2-160. Reserved.
Sec. 2-141. Created; membership; terms.
(a) There is hereby created a code enforcement board of the city, which shall consist
of seven (7) board members and one (1) alternate member, who shall serve on
the board in the absence of board members, to be appointed by the mayor and
approved by the city commission. All board members and the alternate member
of the board shall be residents of the city and shall serve without compensation.
Board members may serve a maximum of three (3) consecutive terms. Service
as an alternate member, however, shall not preclude service thereafter as a
board member for a maximum of three (3) consecutive terms.
(b) The membership of the code enforcement board shall, whenever possible,
include persons in the following fields:
(1) Architect;
(2) A businessperson;
(3) An engineer;
(4) A general contractor;
(5) A realtor;
(6) A subcontractor;
(7) A person with zoning and building experience.
(c) The initial appointments to the code enforcement board shall be as follows:
(1) Two (2) members shall be appointed for a term of one (1) year.
(2) Three (3) members shall be appointed for a term of two (2) years.
(3) Two (2) members shall be appointed for a term of three (3) years.
Thereafter, each term shall be for a period of three (3) years.
(d) Any member may be reappointed from term to term upon approval of the city
commission.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-142. Removal; filling vacancies.
Members of the code enforcement board may be removed from office by the city
commission for cause upon written charges and after public hearing. Any member who fails to
attend two (2) of three (3) successive meetings without cause and without prior approval of the
chair shall have his/her office declared vacant by the code enforcement board, and the city
commission shall promptly fill such vacancy. Vacancies shall be filled by appointment by the
mayor and approval of the city commission for the unexpired terms affected.
(Ord. No. 5-12-54, § 1, 1-9-12)
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.
(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. 5-12-54, § 1, 1-9-12)
Sec. 2-144. Minutes of hearings; clerical and administrative personnel.
Minutes shall be maintained of all hearings held by the code enforcement board, and all
hearings shall be open to the public. The city commission shall provide clerical and
administrative personnel as may be reasonably required by the board for the proper
performance of its duties.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-145. City attorney.
The city attorney shall either be counsel to the code enforcement board or shall
represent the city by presenting cases before the board; but in no case shall the city attorney
serve in both capacities. Each case before the board shall be presented by either the city
attorney or by a member of the administrative staff of the municipality.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-146. Jurisdiction.
(a) The code enforcement board shall have the jurisdiction and authority to hear and
decide alleged violations of the following:
(1) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida
Statutes, except as provided in section 2-146.1 below.
(2) State of Florida Building Code, administration section of Chapter 553,
[Florida Statutes] as adopted by the State of Florida and by the city.
(3) International Property Maintenance Code as adopted by the city.
(4) All other local codes and ordinances as allowed by Chapter 162, Part 1.,
Florida Statutes, Local Government Code Enforcement Boards, as it may
be amended from time to time.
(b) The jurisdiction of the code enforcement board shall not be exclusive. Any
alleged violation of any of the provisions of subsection (a) may be pursued by
appropriate remedy in court at the option of the administrative official whose
responsibility it is to enforce that respective code or ordinance.
(Ord. No. 5-12-54, § 1, 1-9-12; Ord. No. 5-13-59, § 1, 7-8-13)
Sec. 2-146.1. Jurisdiction of special magistrate.
(a) A special magistrate or special magistrates shall be appointed and removed by
the city manager subject to the approval of the commission and shall have the
jurisdiction and authority to hear and decide alleged violations of the section
4-10, dangerous dogs, section 4-11, classification of dogs as dangerous;
certification of registration; notice and hearing requirements; confinement of
animal; exemption; appeals; unlawful acts. Appointment of the special magistrate
shall be made on the basis of experience and interest in the subject matter. A
special magistrate must be a member in good standing of the Florida Bar.
(b) The special magistrate shall receive such compensation as determined by the
commission.
(c) The special magistrate shall have the power to:
(1) Adopt rules for the conduct of the hearings.
(2) Subpoena alleged violators and witnesses to hearings.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5)
Issue orders having the force of law to command whatever steps are
necessary to bring a violation into compliance.
(d) The special magistrate may impose fines to cover all costs incurred by the city in
enforcing its codes. Criteria that the special magistrate may consider include, but
is not limited to, the following:
(1) The gravity of the incident giving rise to the dangerous dog declaration.
(2) Any previous animal control violations.
(3) Any actions taken by the dog owner to prevent or correct aggressive
behavior.
(4) The complexity and resources required to complete the investigation.
(5) The cost and outcome of the hearing.
(Ord. No. 5-13-59, § 2, 7-8-13)
Sec. 2-147. Procedure; enforcement and hearings.
(a) Enforcement procedures.
(1) For the purpose of this division, "code officer" means any authorized
agent or employee of the City of Atlantic Beach whose duty it is to insure
compliance with the code and ordinances of the city.
(2) It shall be the duty of the code officer to initiate enforcement proceedings
of the various codes and ordinances. No member of the board shall have
the power to initiate such enforcement proceedings.
(3) Except as provided in subsections (4) and (5) below, if a violation of the
codes or ordinances is found, the code inspector shall first notify the
violator and give him/her reasonable time to correct the violation. Should
the violation continue beyond the time specified for correction, the code
officer shall notify the board and request a hearing. The board or their
clerical staff shall schedule a hearing and notice of such hearing shall be
provided to said violator pursuant to subsection (d) or this section. If the
violation is corrected and then recurs, or if the violation is not corrected by
the time specified for correction by the code officer, the case may be
presented to the board even if the violation has been corrected prior to
the hearing, and the notice shall so state.
(4) If the code officer has reason to believe a violation or the condition
causing a violation presents a serious threat to the public health, safety,
and welfare, or if the violation is irreparable or irreversible in nature, the
code officer shall make a reasonable effort to notify the violator and may
immediately notify the board and request a hearing.
If a repeat violation is found, the code inspector shall notify the violator
but is not required to give the violator a reasonable time to correct the
violation. The code inspector, upon notifying the violator of a repeat
violation, shall notify the board and request a hearing, the board, through
their clerical staff, shall schedule a hearing and shall provide notice
pursuant to subsection (d) of this section. The case may be presented to
the board even if the repeat violation has been corrected prior to the
hearing, and the notice shall so state. "Repeat violation" means a
violation of a provision of a code or ordinance by a person who has been
previously found through a code enforcement board or any other
quasi-judicial or judicial process, to have violated or who has admitted
violating the same provision with five (5) years prior to the violation,
notwithstanding the violations occur at different locations.
(6) If the owner of property to which is subject to an enforcement proceeding
before the board, or a court transfers ownership of such property between
the time the initial pleading was served and the time of the hearing, such
owner shall:
(5)
a. Disclose, in writing, the existence and the nature of the
proceeding to the prospective transferee.
b. Deliver to the prospective transferee a copy of the pleadings,
notice, and other material relating to the code enforcement
proceeding received by the transferor.
c. Disclose, in writing, to the prospective transferee that the new
owner will be responsible for compliance with the applicable code
and with orders issued in the code enforcement proceedings.
d. File a notice with the code officer or clerical staff of the transfer of
the property, with the identity and address of the new owner and
copies of the disclosures made to the new owner, with five (5)
days after the date of the transfer.
A failure to make the disclosures described in paragraphs a., b., and c. before the transfer
creates a rebuttable presumption of fraud, if the property is transferred before the hearing, the
proceeding shall not be dismissed, but the new owner shall be provided reasonable period of
time to correct the violation before the hearing is held.
(b) Hearing process.
(1) Administrative support staff for the board shall establish annually a
schedule of periodic meetings. In addition, upon request of the code
officer, or at such other times as may be necessary, the chair of the board
may call a hearing of the board.
(2) Upon scheduling of a hearing, the board shall cause notice therefore to
be furnished to the alleged violator by such methods as described in
subsection (d) of this section. Said notice of hearing shall contain the
date, time and place of the hearing and shall include the sworn statement
of the code inspector setting for the nature of the violation and reference
to the appropriate code or ordinance.
Assuming proper notice of the hearing has been provided to the alleged
violator as provided in subsection (2) above a hearing may proceed in the
absence of the alleged violator.
At the hearing, the burden of proof shall be upon the city to show, by a
preponderance of evidence that a violation does exist.
All testimony shall be under oath and shall be recorded; the board shall
take testimony from the city and alleged violator, and from such other
witnesses as may be called by the respective parties.
Formal rules of evidence shall not apply, but fundamental due process
shall be observed and govern said proceedings.
Irrelevant, immaterial or unduly repetitious 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 such evidence would be admissible State of Florida Rules
of Evidence.
(8)
(9)
Any member of the board, or attorney appointed to serve as counsel to
the board, may inquire of any witness before the board. The alleged
violator, or the violator's attorney or representative, and the city shall be
permitted to inquire of any witness before the board and shall be
permitted to present brief opening and closing statements.
At the conclusion of the hearing, the board shall issue finding of fact,
based on evidence of record and conclusion of law, and shall issue an
order affording the proper relief consistent with powers granted by
Chapter 162, Florida Statutes, the ordinance and any other ordinance
granting authority to the code enforcement board. In a board hearing, the
finding shall be by motion approved by a majority of those members
present and voting; except that at least four (4) members of the board
must cast a vote in order for the action to be official. The order may
include a notice that it must be complied with by a specified date and that
a fine will be imposed should the compliance not be achieved and, under
the conditions specified in subsection 2-149(b) of this division and any
such costs incurred in the prosecuting this case may be included along
with the fine if the order is not complied with by said date. The order shall
be reduced to writing and mailed to the alleged violator with fifteen (15)
working days after the hearing. A certified copy of such order may be
recorded in the public records of Duval County and shall constitute notice
to any subsequent purchasers, successors in interest, or assigns if the
violation concerns real property, and the findings therein shall be binding
upon the violator and, if the violation concerns real property, any
subsequent purchasers, successors in interest, or assigns. If an order is
recorded in the public records pursuant to this subsection and the order is
complied with by the date specified in the order, the board shall issue an
order acknowledging compliance that shall be recorded in the public
records. A hearing is not required to issue such an order showing
compliance.
(10) The city shall present each case before the board. If the city prevails in
prosecuting a case before the board, it shall be entitled to recover all
costs incurred in prosecuting the case.
(c) Rehearing.
(1) An aggrieved party, including the City of Atlantic Beach, may request a
rehearing of the initial order of the board. Any such rehearing shall be
filed within ten (10) days of the execution of the order to be appealed.
Consideration of a request for rehearing shall be scheduled by the
administrative staff for the next available hearing date by the entity that
issued the order. Notice of the hearing date shall be provided by the
administrative staff via first class mail to the entity that files the request for
rehearing.
(2) Any request for rehearing must be made in writing and be based on the
following grounds:
a. That there exists new and material evidence which, if introduced
at the hearing, would probably have changed the code
enforcement board decision and could not with reasonable
diligence have been discovered before and produced at the
hearing; and
b. Given this evidence, the order issued is contrary to the law and
evidence.
(3)
A request for a rehearing shall not toll the time for the taking of an appeal
nor shall it toll any fines mandated by the order in question, should the
request for rehiring be denied.
(4) If the request for rehearing is granted, the code enforcement board shall
schedule the case for consideration at a future hearing, to be heard de
novo.
(d) Notice requirements.
(1) All notices required by this part shall be provided to the alleged violator
by:
a. Certified mail, return receipt requested, provided if such notice is
sent under this paragraph to the owner of the property in question
at the address listed in the tax collector's office for tax notices, and
at any other address provided to the city code enforcement staff or
administrative staff of the code enforcement board by such owner
and is returned as unclaimed or refused, notice may be provided
by posting as described in subparagraphs (d)(2)d. and e. and by
first class mail directed to the addresses furnished to the City of
Atlantic Beach with a properly executed proof of mailing or
affidavit confirming the first class mailing;
b. Hand delivery by the sheriff or other law enforcement officer, code
officer, or other person designated by the City of Atlantic Beach.
c. Leaving at the violator's usual place of residence with any person
residing therein who is above fifteen (15) years of age and
informing such person of the contents of the notice; or
d. In the case of commercial premises, leaving the notice with the
manager or other person in charge.
(2) In addition to providing notice as set forth in section 2-147[(d)] of this
division, at the option of the board, notice may also be served by
First -Class Mail and publication or posting, as follows:
a. Such notice shall be published once during each week for four (4)
consecutive weeks (four (4) publications being sufficient) in a
newspaper of general circulation in Atlantic Beach. The
newspaper shall meet such requirements as are prescribed under
Chapter 50, Florida Statutes, for legal and official advertisements.
b. Proof of publication shall be made as provided in F.S. § 50.041
and § 50.051.
c. Proof of publication shall be made as provided in F.S. § 50.041
and § 50.051.
d. Proof of posting shall be by affidavit of the person posting the
notice, which affidavit shall include a copy of the notice posted
and the date and places of its posting.
e. Notice by publication or posting may run concurrently with, or may
follow, and attempt or attempts to provide notice by hand delivery
or by mail as required by subsection (d) of this section.
f. Evidence that an attempt has been made to hand deliver or mail
notice as provided in subsection (d)(1) of this section, together
with proof of publication or posting as provided in subsection
(d)(2) of this section, shall be sufficient to show that the notice
requirements of this division, shall be sufficient to show that the
notice requirements of this division have been met, without regard
to whether of not the alleged violator actually received such
notice.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-148. Powers.
The board shall have the power to:
(1) Adopt rules for the conduct of their hearings.
(2) Subpoena alleged violators and witnesses to their hearings.
(3) Subpoena records, surveys, plats and other documentary evidence to its
hearings.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of law, commanding whatever steps are
necessary to bring a violation into compliance.
(6) Establish and levy fines pursuant to subsection 2-149(b).
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-149. Administrative fines; cost of repairs; contestes; liens; money judgments.
(a) The board, upon notification by the code officer that an order of the board has not
been complied with by the set time or, upon finding that a repeat violation has
been committed, may order the violator to pay a fine in an amount specified in
the section for each day the violation continues past the date set by the board for
compliance or, in the case of a repeat violation, for each day the repeat violation
continues, beginning with the date the violation is a violation described in
subsection 2-147(b)(9) of this division, the board shall notify the city commission,
which may authorize the making of all reasonable repairs which are required to
bring the violations into compliance and charge the violator with the reasonable
cost of the repairs along with the fine imposed pursuant to the section. Making
such repairs does not create a continuing obligation on the part of the city to
make further repairs to maintain the property and does not create any liability
against the city for any damages to the property if such repairs were completed
in good faith. If a finding of a violation or a repeat violation has been made as
provided in this section, a hearing shall not be necessary for the issuance of the
order imposing the fine. A fine imposed pursuant to the section shall not exceed
five hundred dollars ($500.00) per day for a first violation and shall not exceed
two hundred fifty dollars ($250.00) per day for a repeat violation, and, in addition,
may include all costs incurred in the enforcing this ordained and all costs of
repairs pursuant to this section. If after due notice and hearing, the board finds a
violation to be irreparable or irreversible in nature, it may order the violation
[violator] to pay a fine not to exceed five thousand dollars ($5,000.00) per
violation.
(b) In determining the amount of the fine, if any, the board shall consider the
following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) The board may reduce a fine imposed pursuant to this section at any time.
(d) Notice of finding by the code officer of noncompliance with the prior order of the
board shall be mailed to the violator. The violator may contest in writing the
findings of the code officer. Such contest must be postmarked within ten (10)
days of the postmark date on the noncompliance notice and mailed to the
administrative staff as designated by the board. Upon receipt of a contest letter,
the administrative support staff for the board shall provide notice to the violator of
the contest hearing date and time. If the violator, after filing the written contest,
fails to attend the next noticed meeting, the violator's contest shall be considered
withdrawn by the board. Any review of a contest heard under this section shall be
constrained to whether the code officers finding of noncompliance are supported
by the evidence presented that the violation as the date of the inspection
remained uncured. At the hearing, the burden of proof shall be upon the violator
to show, by a preponderance of the evidence that a violation did not exist at the
time of the inspection. Upon hearing from the violator or his attorney and the
administrative staff, the board shall either dismiss the case or uphold the finding
of the code officer.
(e) Following the failure of the violator to file a contest within the time permitted
under the above section, or the upholding of the finding of the code officer by the
board, a certified copy of an order imposing a fine, or a fine plus repair costs may
be recorded in the public records of Duval County, Florida, and thereafter, shall
constitute a lien against the land on which the violation exists and upon any other
real or personal property owned by the violator. Upon petition to the circuit court,
such order shall be enforceable the same manner as a court judgment by the
sheriffs of this state, including execution and levy against the personal property
of the violator, but, such order shall not be deemed otherwise to a court judgment
except for the enforcement purposes.
A fine imposed pursuant to this part shall continue to accrue until the violator
comes into compliance or until judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever occurs first. A lien arising from a fine
imposed pursuant to this section runs in favor of the City of Atlantic Beach and
the board may execute a satisfaction or release of lien entered pursuant to this
section. After three (3) months for the filing of any such liens with remains
unpaid, the board may authorize the local governing body attorney to foreclose
on the lien or to sue to recover a money judgment for the amount of the lien plus
accrued interest. No lien created pursuant to the provision of this section may be
foreclosed on real property which is a homestead under Section 4, Article X of
the Florida State Constitution. The money judgment provision of this section shall
not apply to real property or personal property which is covered under Section
4(a), Article X of the Florida Constitution.
(Ord. No. 5-12-54, § 1, 1-9-12)
(f)
Sec. 2-150. Duration of lien.
(a) No lien provided by this division shall continue for a period longer than twenty
(20) years after the certified copy of an order imposing the fine has been
recorded, unless with that time an action to foreclose on the lien is commenced
in a court of competent jurisdiction. In an action to foreclose on a lien, the
prevailing party is entitled to recover all costs, including a reasonable attorney's
fees that it incurs in the foreclosure. The city shall be entitled to collect all costs
incurred in recording and satisfying a valid lien. The continuation of the lien
affected by the commencement of the action to foreclose shall not be good
against the creditors or subsequent purchasers for valuable consideration with
notice, unless a notice of lis pendens is recorded.
(b) In circumstances where the City of Atlantic Beach's interest in a property has
been foreclosed and the property has been sold at a foreclosure sale, the city's
lien is not satisfied, but removed from the subject property by a final judgment
issued by the court. Upon request, the city will prepare and record a partial
release of lien to release the subject property from the code enforcement lien
upon payment of fees for costs and services charged to the requesting party.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-151. Appeal.
(a) An aggrieved party, including the city commission, may appeal a final
administrative order of the board to the circuit court. Any such appeal shall be
filed with thirty (30) days of the execution of the order to be appealed.
(b) Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the board.
(c) The board shall, by rule, establish reasonable charges for the preparation of the
record to be paid by the appealing party.
(Ord. No. 5-12-54, § 1, 1-9-12)
Secs. 2-152-2-160. Reserved.
DIVISION 3. NUISANCE CONTROL BOARD X[9]
Sec. 2-161. Created.
Sec. 2-162. Membership.
Sec. 2-163-2-166. Reserved.
Sec. 2-167. Complaints; hearings; declaration of public nuisance.
Sec. 2-168. Permanent injunctions.
Sec. 2-169. Restrictions.
Secs. 2-170-2-225. Reserved.
Sec. 2-161. Created.
Pursuant to F.S. § 893.138, an administrative board to be known as the "public nuisance
control board" is hereby created. The word "board" when used in this division shall be construed
to mean the said "public nuisance control board."
(Ord. No. 95-89-40, § 2, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-162. Membership.
The members of the code enforcement board shall constitute the members of the public
nuisance control board.
(Ord. No. 95-89-40, § 2, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-163-2-166. Reserved.
Editor's note -
Section 1 of Ord. No. 95-09-99, adopted May 26, 2009, repealed §§ 2-163-2-166, which
pertained to designation of chairman and vice chairman; and certificate of
appointment or reappointment, and derived from Ord. No. 95-89-40, adopted June
12, 1989.
Sec. 2-167. Complaints; hearings; declaration of public nuisance.
(a) The board shall hear complaints regarding certain nuisances as described
herein. Any place or premises that has been used: On more than two (2)
occasions within a six-month period, as the site of a violation of F.S. § 796.07
prostitution; on more than two (2) occasions within a six-month period, as the site
of the unlawful sale, delivery, manufacture, or cultivation of any controlled
substance; on more than one (1) occasion as the site of the unlawful possession
of a controlled substance, where such possession constitutes a felony and that
has been previously used on more than one (1) occasion as the site of the
unlawful sale, delivery, manufacture, or cultivation of any controlled substance
under F.S. § 893; by a criminal gang for the purpose of conducting criminal gang
activity as defined by F.S. § 874.03; on more than two (2) occasions within a
six-month period, as the site of a violation of F.S. § 812.019 relating to dealing in
stolen property; may be declared to be a public nuisance, and such nuisance
may be abated pursuant to the procedures provided in this section.
(b) Any employee, officer or resident of the city may bring a complaint before the
board after giving not less than three (3) days' written notice of such complaint to
the owner of the place or premises at his last known address. Any such
complaint shall be filed with the code enforcement officer.
(c) The board shall conduct a hearing during which the owner of the premises shall
have an opportunity to present evidence in his defense. Such evidence shall
include any action taken by the owner to abate the nuisance and the time frame,
after notice to him, within which such action was taken. After considering all
evidence, including evidence of the general reputation of the place or premises,
the board may declare the place or premises to be a public nuisance as
described herein.
(d) If the board declares a place or premises to be a public nuisance, it may enter an
order immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises; or
(3)
The conduct, operation or maintenance of any business or activity on the
premises which is conducive to such nuisance. Any such order entered
shall expire after one (1) year or at such earlier time as stated in the
order.
(Ord. No. 95-89-40, § 7, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-168. Permanent injunctions.
The city may bring a complaint under F.S. § 60.05 seeking a permanent injunction
against any nuisance described herein.
(Ord. No. 95-89-40, § 8, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-169. Restrictions.
This division does not restrict the right of any person to proceed under F.S. § 60.05
against any public nuisance.
(Ord. No. 95-89-40, § 9, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Secs. 2-170-2-225. Reserved.
ARTICLE VI. EMPLOYEE BENEFITS "'[10]
DIVISION 1. GENERALLY
Sec. 2-226. Reserved.
Secs. 2-227-2-240. Reserved.
Sec. 2-226. Reserved.
Editor's note—
Ord. No. 5-04-43, adopted Feb. 23, 2004, deleted § 2-226, which pertained to holiday
schedule and derived from Ord. No. 5-86-17, § 1, 10-27-86; Ord. No. 5-94-25, § 1,
1-24-94; and Ord. No. 5-02-40, 12-9-02.
Secs. 2-227-2-240. Reserved.
DIVISION 2. OLD -AGE AND SURVIVORS INSURANCE ""[11]
Sec. 2-241. Statement of policy.
Sec. 2-242. Execution of agreements by mayor -commissioner.
Sec. 2-243. Withholdings from wages.
Sec. 2-244. Appropriations and payment of contributions by city.
Sec. 2-245. Records and reports.
Sec. 2-246. Exclusions.
Sec. 2-247. Acceptance of Social Security Act.
Sec. 2-248. Designation of custodian of funds and withholding and reporting agent.
Secs. 2-249-2-260. Reserved.
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)
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
regulations, and shall be paid over to the state agency designated by 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 of 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 manner 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 of the laws and regulations.
(Code 1970, § 16-8)
Sec. 2-246. Exclusions.
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 any employee or official of the
city.
(Code 1970, § 16-9)
Sec. 2-247. Acceptance of Social Security Act.
The city hereby adopts the terms, conditions, requirements, reservations, benefits,
privileges 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 system provided by
law, and further excepting any official or employee who occupies any position, office or
employment 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 the appropriated 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.
DIVISION 3. GENERAL EMPLOYEES' RETIREMENT SYSTEM
Sec. 2-261. Definitions.
Sec. 2-262. Membership.
Sec. 2-263. Board of trustees.
Sec. 2-264. Finances and fund management.
Sec. 2-265. Contributions.
Sec. 2-266. Benefit amounts and eligibility.
Sec. 2-267. Pre -retirement death.
Sec. 2-268. Disability.
xiii[l2]
Sec. 2-269. Vesting.
Sec. 2-270. Optional forms of benefits.
Sec. 2-271. Beneficiaries.
Sec. 2-272. Claims procedures.
Sec. 2-273. Roster of retirees.
Sec. 2-274. Maximum pension.
Sec. 2-275. Minimum distribution of benefits.
Sec. 2-276. Miscellaneous provisions.
Sec. 2-277. Domestic relations orders; retiree directed payments; exemption from execution,
non -assignability.
Sec. 2-278. Pension validity.
Sec. 2-279. Forfeiture of pension.
Sec. 2-280. Indemnification.
Sec. 2-281. Direct transfers of eligible rollover distributions.
Sec. 2-282. Family and Medical Leave Act.
Sec. 2-283. Military service prior to employment.
Sec. 2-284. Prior government service.
Sec. 2-285. Reemployment after retirement.
Sec. 2-286. Deferred retirement option plan.
Secs. 2-287-2-299. Reserved.
Sec. 2-261. Definitions.
(a) [Definitions.] As used herein, unless otherwise defined or required by the context,
the following words and phrases shall have the meaning indicated:
Accumulated contributions means a member's own contributions with interest
compounded annually, redetermined on October 1 of each year based on the two-year Treasury
Rate. For those members who purchase credited service with interest or at no cost to the
system, any payment representing the amount attributable to member contributions based on
the applicable member contribution rate, and any payment representing interest and any
required actuarially calculated payments for the purchase of such credited service shall be
included in accumulated contributions, with interest. Interest shall accrue only during periods of
active employment.
Actuarial equivalent means a benefit or amount of equal value, based upon the RP -2000
Combined Healthy Male Generational Mortality Table projected by Scale AA, and an interest
rate of eight (8) percent per annum. This definition may only be amended by the city pursuant to
the recommendation of the board using assumptions adopted by the board with the advice of
the plan's actuary, such that actuarial assumptions are not subject to city discretion.
Average final compensation means one -twelfth (1/12) of the average salary of the five
(5) best consecutive years of the last ten (10) years of credited service years of credited service
prior to retirement, termination, or death, or the career average as a full-time general employee,
whichever is greater. A year shall be twelve (12) consecutive months.
Beneficiary means the person or persons entitled to receive benefits hereunder at the
death of a member who has or have been designated in writing by the member and filed with
the board. If no such designation is in effect, or if no person so designated is living, at the time
of death of the member, the beneficiary shall be the estate of the member, except as provided
by section 2-267, pre -retirement death.
Board means the board of trustees, which shall administer and manage the system
herein provided and serve as trustees of the fund.
City means City of Atlantic Beach, Florida.
Credited service means the total number of years and fractional parts of years of service
as a general employee with member contributions, when required, omitting intervening years or
fractional parts of years when such member was not employed by the city as a general
employee. If a vested member leaves the employ of the city, his accumulated contributions will
be returned only upon his written request. If a member who is not vested is not reemployed as a
general employee with the city within five (5) years, his accumulated contributions, if one
thousand dollars ($1,000.00) or less, shall be returned. If a member who is not vested is not
reemployed within five (5) years, his accumulated contributions, if more than one -thousand
dollars ($1,000.00), will be returned only upon the written request of the member and upon
completion of a written election to receive a cash lump sum or to rollover the lump sum amount
on forms designated by the board. Upon return of a member's accumulated contributions, all of
his rights and benefits under the system are forfeited and terminated.
The years or parts of a year that a member performs "qualified military service"
consisting of voluntary or involuntary "service in the uniformed services" as defined in the
Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L. 103-353),
after separation from employment as a general employee to perform training or service, shall be
added to his years of credited service for all purposes, including vesting, provided that:
(1) The member is entitled to reemployment under the provisions of USERRA.
(2) The member returns to his employment as a general employee within the time
frame as allowed by USERRA following the earlier of the date of his military
discharge or his release from service, unless otherwise required by USERRA.
The member deposits into the fund the same sum that the member would have
contributed, if any, if he had remained a general employee during his absence.
The maximum credit for military service pursuant to this subdivision shall be five
(5) years. The member must deposit all missed contributions within a period
equal to three (3) times the period of military service, but not more than five (5)
years, following re-employment or he will forfeit the right to receive credited
service for his military service pursuant to this paragraph.
(4) This paragraph is intended to satisfy the minimum requirements of USERRA. To
the extent that this paragraph does not meet the minimum standards of
USERRA, as it may be amended from time to time, the minimum standards shall
apply.
(3)
In the event a member dies on or after January 1, 2007, while performing USERRA
qualified military service, the beneficiaries of the member are entitled to any benefits (other than
benefit accruals relating to the period of qualified military service) as if the member had
resumed employment and then died while employed.
Beginning January 1, 2009, to the extent required by IRC section 414(u)(12), an
individual receiving differential wage payments (as defined under IRC section 3401(h)(2)) from
an employer shall be treated as employed by that employer, and the differential wage payment
shall be treated as compensation for purposes of applying the limits on annual additions under
IRC section 415(c). This provision shall be applied to all similarly situated individuals in a
reasonably equivalent manner.
Effective date means the date on which this division becomes effective.
Fund means the trust fund established herein as part of the system.
General employee means any actively employed person in the regular full-time or
regular part-time service of the city, including those in their initial probationary employment
period, but not including:
(1) Certified police officers employed by the city;
(2) Any city employee who is employed in a position normally requiring less than one
thousand (1,000) hours of work per annum;
(3) Any city managerial or professional employee who is employed pursuant to an
individual contract of employment which does not provide for the employee's
participation in this retirement system;
(4) Elected officials of the city;
(5) Positions which are compensated on a basis not subject to the withholding of
federal income taxes or FICA taxes by the city;
(6) Temporary employees.
(7) Retirees reemployed as a part-time employee and subject to section 2-285.
IRC means the Internal Revenue Code of 1986, as amended from time to time.
Member means an actively employed general employee who fulfills the prescribed
membership requirements. Benefit improvements which, in the past, have been provided for by
amendments to the system adopted by city ordinance, and any benefit improvements which
might be made in the future shall apply prospectively and shall not apply to members who
terminate employment or who retire prior to the effective date of any ordinance adopting such
benefit improvements, unless such ordinance specifically provides to the contrary.
Plan year means the twelve-month period beginning October 1 and ending September
30 of the following year.
Retiree means a member who has entered retirement status.
Retirement means a member's separation from city employment with eligibility for
immediate receipt of benefits under the system or entry into the deferred retirement option plan.
Salary means the compensation for services rendered to the city as a general employee
reportable on the member's W-2 form plus all tax deferred, tax sheltered or tax exempt items of
income derived from elective employee payroll deductions or salary reductions. Compensation
shall include base salary or wages, longevity pay, performance bonuses, overtime pay,
compensatory time, cost of living payments and salary or wages while absent from work on
account of paid personal leave or holidays. Compensation shall not include redemptions or
payments in consideration of unused personal leave, the value of any fringe benefit, uniform
allowances, equipment allowances, reimbursement of expenses, or any other item not
specifically included. For service earned after April 8, 2013 (the "effective date"), salary shall not
include more than three hundred (300) hours of overtime per calendar year. Provided however,
in any event, payments for overtime in excess of three hundred (300) hours per year accrued as
of the effective date and attributable to service earned prior to the effective date, may still be
included in salary for pension purposes even if the payment is not actually made until on or after
the effective date.
Compensation in excess of the limitations set forth in section 401(a)(17) of the IRC as of
the first day of the plan year shall be disregarded for any purpose, including employee
contributions or any benefit calculations. The annual compensation of each member taken into
account in determining benefits or employee contributions for any plan year beginning on or
after January 1, 2002, may not exceed two hundred thousand dollars ($200,000.00), as
adjusted for cost -of -living increases in accordance with IRC section 401(a)(17)(B).
Compensation means compensation during the fiscal year. The cost -of -living adjustment in
effect for a calendar year applies to annual compensation for the determination period that
begins with or within such calendar year. If the determination period consists of fewer than
twelve (12) months, the annual compensation limit is an amount equal to the otherwise
applicable annual compensation limit multiplied by a fraction, the numerator of which is the
number of months in the short determination period, and the denominator of which is twelve
(12). If the compensation for any prior determination period is taken into account in determining
a member's contributions or benefits for the current plan year, the compensation for such prior
determination period is subject to the applicable annual compensation limit in effect for that prior
period. The limitation on compensation for an "eligible employee" shall not be less than the
amount which was allowed to be taken into account hereunder as in effect on July 1, 1993.
"Eligible employee" is an individual who was a member before the first plan year beginning after
December 31, 1995.
Spouse means the lawful wife or husband of a member or retiree at the time benefits
become payable.
System means the City of Atlantic Beach General Employees' Retirement System as
contained herein and all amendments thereto.
(b) Masculine gender. The masculine gender, where used herein, unless the context
specifically requires otherwise, shall include both the feminine and masculine
genders.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-262. Membership.
(a) Conditions of eligibility. All general employees hired prior to September 1, 2008,
shall continue as members of this system as a condition of employment.
(b) General employees hired on or after September 1, 2008, shall no longer be
eligible for membership in the system. Such members shall participate in a
defined contribution retirement plan established by the city. The accumulated
contributions of such members will be transferred to a 457 plan.
(c) The system shall be closed to new members effective June 23, 2013.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-263. Board of trustees.
(a) The sole and exclusive administration of and responsibility for the proper
operation of the system and for making effective the provisions of this article is
hereby vested in a board of trustees. The board is hereby designated as the plan
administrator. The board shall consist of five (5) trustees, two (2) of whom,
unless otherwise prohibited by law, shall be legal residents of the city, who shall
be appointed by the Atlantic Beach City Commission, and two (2) of whom shall
be members of the system, who shall be elected by a majority of the general
employees who are members of the system. The fifth trustee shall be a resident
of the city and shall be chosen by a majority of the previous four (4) trustees as
provided for herein, and such person's name shall be submitted to the Atlantic
Beach City Commission. Upon receipt of the fifth person's name, the Atlantic
Beach City Commission shall confirm the appointment to the board as its fifth
trustee. The fifth trustee shall have the same rights as each of the other four (4)
trustees appointed or elected as herein provided and shall serve a four-year term
unless he sooner vacates the office. Each resident trustee shall serve as trustee
for a period of four (4) years, unless he sooner vacates the office or is sooner
replaced by the Atlantic Beach City Commission at whose pleasure he shall
serve. Each member trustee shall serve as trustee for a period of four (4) years,
unless he sooner leaves the employment of the city as a general employee or
otherwise vacates his office as trustee, whereupon a successor shall be chosen
in the same manner as the departing trustee. A vacancy shall occur on the board
if any member shall resign or any employee representative ceases to be
employed by the city. A vacancy shall occur on the board if any trustee fails to
attend three (3) consecutive meetings of the board unless, in each case, excused
for cause by the trustees attending the meeting. Each trustee may succeed
himself in office. DROP participants can be elected as but not vote for elected
trustees. The board shall establish and administer the nominating and election
procedures for each election. The board shall meet at least quarterly each year.
The board shall be a legal entity with, in addition to other powers and
responsibilities contained herein, the power to bring and defend lawsuits of every
kind, nature, and description.
(b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a
secretary. The secretary of the board shall keep minutes of the actions,
proceedings, or hearings of the board. The trustees shall not receive any
compensation as such, but may receive expenses and per diem as provided by
law.
(c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative
votes shall be necessary for any decision by the trustees at any meeting of the
board. A trustee shall abstain from voting as the result of a conflict of interest and
shall comply with the provisions of F.S. § 112.3143.
(d) The board shall engage such actuarial, accounting, legal, and other services as
shall be required to transact the business of the system. The compensation of all
persons engaged by the board and all other expenses of the board necessary for
the operation of the system shall be paid from the fund at such rates and in such
amounts as the board shall agree.
(e) The duties and responsibilities of the board shall include, but not necessarily be
limited to, the following:
(1) To construe the provisions of the system and determine all questions
arising thereunder.
(2) To determine all questions relating to eligibility and membership.
(3) To determine and certify the amount of all retirement allowances or other
benefits hereunder.
(4) To establish uniform rules and procedures to be followed for
administrative purposes, benefit applications and all matters required to
administer the system.
(5) To distribute to members, at regular intervals, information concerning the
system.
(6) To receive and process all applications for benefits.
(7) To authorize all payments whatsoever from the fund, and to notify the
disbursing agent, in writing, of approved benefit payments and other
expenditures arising through operation of the system and fund.
(8) To have performed actuarial studies and valuations, at least as often as
required by law, and make recommendations regarding any and all
changes in the provisions of the system.
To perform such other duties as are required to prudently administer the
system.
(Ord. No. 58-13-37, § 1, 6-10-13)
(9)
Sec. 2-264. Finances and fund management.
Establishment and operation of fund.
(a) As part of the system, there is hereby established the fund, into which shall be
deposited all of the contributions and assets whatsoever attributable to the
system, including the assets of the prior general employees' retirement system.
(b) The actual custody and supervision of the fund (and assets thereof) shall be
vested in the board. Payment of benefits and disbursements from the fund shall
be made by the disbursing agent but only upon written authorization from the
board.
(c) All funds of the general employees' retirement system may be deposited by the
board with the finance director of the city, acting in a ministerial capacity only,
who shall be liable in the same manner and to the same extent as he is liable for
the safekeeping of funds for the city. However, any funds so deposited with the
finance director of the city shall be kept in a separate fund by the finance director
or clearly identified as such funds of the general employees' retirement system.
In lieu thereof, the board shall deposit the funds of the general employees'
retirement system in a qualified public depository as defined in F.S. § 280.02,
which depository with regard to such funds shall conform to and be bound by all
of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment
responsibilities as set forth herein, the board may retain the services of a
custodian bank, an investment advisor registered under the Investment Advisors
Act of 1940 or otherwise exempt from such required registration, an insurance
company, or a combination of these, for the purposes of investment decisions
and management. Such investment manager shall have discretion, subject to
any guidelines as prescribed by the board, in the investment of all fund assets.
(d) All funds and securities of the system may be commingled in the fund, provided
that accurate records are maintained at all times reflecting the financial
composition of the fund, including accurate current accounts and entries as
regards the following:
(1) Current amounts of accumulated contributions of members on both an
individual and aggregate account basis; and
(2) Receipts and disbursements; and
(3) Benefit payments; and
(4) Current amounts clearly reflecting all monies, funds and assets
whatsoever attributable to contributions and deposits from the city; and
(5) All interest, dividends and gains (or losses) whatsoever; and
(6) Such other entries as may be properly required so as to reflect a clear
and complete financial report of the fund.
(e) An audit shall be performed annually by a certified public accountant for the most
recent fiscal year of the system showing a detailed listing of assets and a
statement of all income and disbursements during the year. Such income and
disbursements must be reconciled with the assets at the beginning and end of
the year. Such report shall reflect a complete evaluation of assets on both a cost
and market basis, as well as other items normally included in a certified audit.
The board shall have the following investment powers and authority:
(1) The board shall be vested with full legal title to said fund, subject,
however, and in any event to the authority and power of the Atlantic
Beach City Commission to amend or terminate this fund, provided that no
amendment or fund termination shall ever result in the use of any assets
of this fund except for the payment of regular expenses and benefits
under this system, except as otherwise provided herein. All contributions
from time to time paid into the fund, and the income thereof, without
distinction between principal and income, shall be held and administered
by the board or its agent in the fund and the board shall not be required to
segregate or invest separately any portion of the fund.
(2) All monies paid into or held in the fund shall be invested and reinvested
by the board and the investment of all or any part of such funds shall be
subject to the following:
a. Notwithstanding any limitation in prior city ordinances to the
contrary, all monies paid into or held in the fund may be invested
and reinvested in such securities, investment vehicles or property
(f)
(3)
wherever situated and of whatever kind, as shall be approved by
the board, including but not limited to common or preferred stocks,
bonds, and other evidences of indebtedness or ownership.
b. The board shall develop and adopt a written investment policy
statement setting forth permissible types of investments, goals
and objectives of investments and setting quality and quantity
limitations on investments in accordance with the
recommendations of its investment consultants. The investment
policy statement shall be reviewed by the board at least annually.
c. In addition, the board may, upon recommendation by the board's
investment consultant, make investments in group trusts meeting
the requirements of Internal Revenue Service Revenue Ruling
81-100 and Revenue Ruling 2011-1 or successor rulings or
guidance of similar import, and operated or maintained exclusively
for the commingling and collective investment of monies, provided
that the funds in the group trust consist exclusively of trust assets
held under plans qualified under IRC section 401(a), individual
retirement accounts that are exempt under IRC section 408(e),
eligible governmental plans that meet the requirements of IRC
section 457(b), and governmental plans under IRC section
401(a)(24). For this purpose, a trust includes a custodial account
that is treated as a trust under IRC section 401(f) or under IRC
section 457(g)(3). While any portion of the assets of the fund are
invested in such a group trust, such group trust is itself adopted as
a part of the system or plan.
At least once every three (3) years, and more often as determined by the
board, the board shall retain a professionally qualified independent
consultant to evaluate the performance of all current investment
managers and make recommendations regarding the retention of all such
investment managers. These recommendations shall be considered by
the board at its next regularly scheduled meeting.
(4) The board may retain in cash and keep unproductive of income such
amount of the fund as it may deem advisable, having regard for the cash
requirements of the system.
(5) Neither the board nor any trustee shall be liable for the making, retention
or sale of any investment or reinvestment made as herein provided, nor
for any loss or diminishment of the fund, except that due to his or its own
negligence, willful misconduct or lack of good faith.
(6) The board may cause any investment in securities held by it to be
registered in or transferred into its name as trustee or into the name of
such nominee as it may direct, or it may retain them unregistered and in
form permitting transferability, but the books and records shall at all times
show that all investments are part of the fund.
The board is empowered, but is not required, to vote upon any stocks,
bonds, or securities of any corporation, association, or trust and to give
general or specific proxies or powers of attorney with or without power of
substitution; to participate in mergers, reorganizations, recapitalizations,
(7)
consolidations, and similar transactions with respect to such securities; to
deposit such stock or other securities in any voting trust or any protective
or like committee with the trustees or with depositories designated
thereby; to amortize or fail to amortize any part or all of the premium or
discount resulting from the acquisition or disposition of assets; and
generally to exercise any of the powers of an owner with respect to
stocks, bonds, or other investments comprising the fund which it may
deem to be to the best interest of the fund to exercise.
(8) The board shall not be required to make any inventory or appraisal or
report to any court, nor to secure any order of court for the exercise of
any power contained herein.
Where any action which the board is required to take or any duty or
function which it is required to perform either under the terms herein or
under the general law applicable to it as trustee under this article, can
reasonably be taken or performed only after receipt by it from a member,
the city, or any other entity, of specific information, certification, direction
or instructions, the board shall be free of liability in failing to take such
action or perform such duty or function until such information, certification,
direction or instruction has been received by it.
(10) Any overpayments or underpayments from the fund to a member, retiree
or beneficiary caused by errors of computation shall be adjusted with
interest at a rate per annum approved by the board in such a manner that
the actuarial equivalent of the benefit to which the member, retiree or
beneficiary was correctly entitled, shall be paid. Overpayments shall be
charged against payments next succeeding the correction or collected in
another manner if prudent. Underpayments shall be made up from the
fund in a prudent manner. Overpayments to a deceased retiree,
beneficiary or joint annuitant of less than one (1) monthly payment
resulting from the death of the retiree, beneficiary or joint annuitant shall
not be recouped.
(11) The board shall sustain no liability whatsoever for the sufficiency of the
fund to meet the payments and benefits provided for herein.
(12) In any application to or proceeding or action in the courts, only the board
shall be a necessary party, and no member or other person having an
interest in the fund shall be entitled to any notice or service of process.
Any judgment entered in such a proceeding or action shall be conclusive
upon all persons.
(13) Any of the foregoing powers and functions reposed in the board may be
performed or carried out by the board through duly authorized agents,
provided that the board at all times maintains continuous supervision over
the acts of any such agent; provided further, that legal title to said fund
shall always remain in the board.
(Ord. No. 58-13-37, § 1, 6-10-13)
(9)
Sec. 2-265. Contributions.
(a) Member contributions.
(1) Amount. Each member of the system shall be required to make regular
contributions to the fund in the amount of five (5) percent of his salary.
Effective on June 23, 2013, each member shall be required to make
regular contributions to the fund in the amount of six (6) percent of his
salary. Member contributions withheld by the city on behalf of the member
shall be deposited with the board immediately after each pay period. The
contributions made by each member to the fund shall be designated as
employer contributions pursuant to section 414(h) of the IRC. Such
designation is contingent upon the contributions being excluded from the
members' gross income for Federal Income Tax purposes. For all other
purposes of the system, such contributions shall be considered to be
member contributions.
(2) Method. Such member contributions shall be made by payroll deduction.
(b) City contributions. So long as this system is in effect, the city shall make at least
quarterly contributions to the fund in an amount equal to the required city
contribution, as shown by the applicable actuarial valuation of the system.
(c) Other. Private donations, gifts and contributions may be deposited to the fund,
but such deposits must be accounted for separately and kept on a segregated
bookkeeping basis. Funds arising from these sources may be used only for
additional benefits for members, as determined by the board, and may not be
used to reduce what would have otherwise been required city contributions.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-266. Benefit amounts and eligibility.
(a) Normal retirement date. A member's normal retirement date shall be the first day
of the month coincident with, or next following the attainment of age sixty (60)
and the completion of five (5) years of credited service.
A member may retire on his normal retirement date or on the first day of any month
thereafter, and each member shall become one hundred (100) percent vested in his accrued
benefit on the member's normal retirement date. Normal retirement under the system is
retirement from employment with the city on or after the normal retirement date.
(b) Normal retirement benefit. A member retiring hereunder on or after his normal
retirement date shall receive a monthly benefit which shall commence on the first
day of the month coincident with or next following his retirement and be
continued thereafter during member's lifetime and ceasing upon death. The
monthly retirement benefit shall equal:
(1) For members hired before April 24, 2005, two and eighty-five
one -hundredths (2.85) percent of average final compensation, for each
year of credited service;
(2) For members hired on or after April 24, 2005, two and one-half (2.5)
percent of average final compensation, for each year of credited service.
(c) Early retirement date. A member may retire on his early retirement date which
shall be the first day of any month coincident with or next following the attainment
of age fifty-five (55) and the completion of five (5) years of credited service.
Early retirement under the system is retirement from the city on or after the early
retirement date and prior to the normal retirement date.
(d) Early retirement benefit. A member retiring hereunder on his early retirement
date may receive either a deferred or an immediate monthly retirement benefit
payable in the same form as for normal retirement as follows:
(1) A deferred monthly retirement benefit which shall commence on what
would have been his normal retirement date determined based upon his
actual years of credited service and shall be continued on the first day of
each month thereafter. The amount of each such deferred monthly
retirement benefit shall be determined in the same manner as for
retirement on his normal retirement date, determined based upon his
actual years of credited service, except that credited service and average
final compensation shall be determined as of his early retirement date; or
(2) An immediate monthly retirement benefit which shall commence on his
early retirement date and shall be continued on the first day of each
month thereafter. The benefit payable shall be as determined in
subparagraph (b) above, and is actuarially reduced from the amount to
which he would have been entitled had he retired on the date which
would have been his normal retirement date determined based on his
actual years of credited service as a general employee and with the same
number of years of credited service as at the time his benefits commence
and based on his average final compensation at that date.
(e) Required distribution date. The member's benefit under this section must begin to
be distributed to the member no later than April 1 of the calendar year following
the later of the calendar year in which the member attains age seventy and
one-half (701A) or the calendar year in which the member terminates employment
with the city.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-267. Pre -retirement death.
(a) Prior to eligibility for retirement. The beneficiary of a deceased member who was
not receiving monthly benefits or who was not yet vested (less than five (5) years
of credited service or eligible for early or normal retirement shall receive a refund
of one hundred (100) percent of the member's accumulated contributions.
(b) Deceased members vested or eligible for retirement. In the event a vested
member five (5) years of credited service dies prior to retirement, a
pre -retirement death benefit shall be paid as follows:
(1) Deceased members with a designated beneficiary who is not a surviving
spouse or child. This subsection (1) applies only when the member's
spouse and/or children is/are not the beneficiary or beneficiaries, in which
case subsection (2) below applies, but there is a surviving designated
beneficiary. The designated beneficiary shall be entitled to a benefit as
follows:
a. A pension benefit computed according to subsection 2-266(b)and
calculated as if the member had selected the one hundred (100)
percent joint and survivor option computed in accordance with
subsection 2-270(a)(2), and had retired the day preceding his
death, notwithstanding that the member may not have satisfied
the conditions for retirement.
b. A beneficiary may not elect an optional form of benefit, however
the board may elect to make a lump sum payment pursuant to
subsection 2-270(g).
c. If a surviving beneficiary commences receiving a benefit under
paragraph a. above, but dies before all payments are made,
unless otherwise provided for herein, the actuarial value of the
remaining benefit will be paid to the surviving beneficiary's estate
by December 31 of the calendar year of the beneficiary's death in
a lump sum.
d. The Uniform Lifetime Table in Treasury Regulations §
1.401(a)(9)-9 shall determine the payment period for the calendar
year benefits commence, if necessary to satisfy the regulations.
(2) Deceased members with surviving spouse and/or children. This
subsection (2) applies only when the member's spouse and/or child(ren)
are the designated beneficiary or beneficiaries or the deceased member
failed to designate a beneficiary, and leaves a surviving spouse and/or
child(ren). Under these circumstances, the surviving spouse and/or
child(ren) shall be entitled to a benefit as follows:
a. If the deceased member is not vested at the time of his death, his
surviving spouse or his child or children (equally), if he leaves no
surviving spouse, shall receive a benefit equal to the benefit
provided for in [subsection] (a) above.
b. If the deceased member is vested at the time of his death, his
surviving spouse and/or child(ren) shall receive a benefit as
follows:
1. The surviving spouse shall be paid a pension equal to the
greater of the benefit provided for in [subsection] (b)(1)a.
above or seventy-five (75) percent of the amount of the life
only pension benefit computed in accordance with
subsection 2-266(b), based on the deceased member's
final average compensation and credited service at the
time of death. A surviving spouse's pension shall terminate
upon death. The surviving spouse of any deceased
member shall not lose the survivor retirement benefits if
the spouse remarries.
2. The deceased member's unmarried children under the age
of nineteen (19) years, or twenty-three (23) years if
enrolled full-time as a student in an educational institution,
shall each be paid an equal share of a percentage of the
retiree's life only pension benefit computed in accordance
with subsection 2-266(b), based on the deceased
member's final average compensation and credited service
(3)
at the time of death. The percent shall be zero (0) percent
during periods that a pension is being paid to the surviving
spouse in accordance with the provisions of paragraph 1,
and fifty (50) percent during periods a pension is not being
paid to the surviving spouse. A surviving child's pension
shall terminate upon attainment of age nineteen (19) years
or, if over nineteen (19) years but less than twenty-three
(23) years, when no longer being enrolled as a full-time
student in an educational institution, or upon marriage or
death, and the pension of each remaining eligible child
shall be recomputed.
c. Notwithstanding anything contained in this section to the contrary,
in any event, distributions to the spouse beneficiary will begin by
December 31 of the calendar year immediately following the
calendar year in which the member died, or by a date selected
pursuant to the above provisions in this section that must be on or
before December 31 of the calendar year in which the member
would have attained [age] seventy and one-half (701/2).
Failure to designate a beneficiary, no surviving beneficiary and no
surviving spouse or children. If a deceased vested member or retiree
failed to name a beneficiary in the manner prescribed in section 2-271, or
if the beneficiary (or beneficiaries) named by a deceased member or
retiree predeceases the member or retiree and the member or retiree
leaves no surviving spouse and/or child(ren), the death benefit which
shall be payable as a lump sum to the estate of member or retiree shall
be the actuarial equivalent of the member's accrued benefit as of the date
of death and the member's entire interest must be distributed to the estate
by December 31 of the calendar year containing the fifth anniversary of
the member's death.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-268. Disability.
(a) Disability benefits. Any member who has accrued five (5) or more years of
credited service, who shall become totally and permanently disabled to the extent
that he is unable, by reason of a medically determinable physical or mental
impairment, to render useful and efficient service as a general employee, shall,
upon establishing the same to the satisfaction of the board, be entitled to a
monthly pension equal to two and eighty-five one hundredths (2.85) percent of
his average final compensation multiplied by the total years of credited service
for members hired before April 24, 2005, and two and one-half (2.5) percent of
his average final compensation multiplied by the total years of credited service
for members hired on or after April 24, 2005. Terminated persons, either vested
or non -vested, are not eligible for disability benefits. Notwithstanding the previous
sentence, if a member is terminated by the city for medical reasons, the
terminated person may apply for a disability benefit if the application is filed with
the board within ninety (90) days from the date of termination. If a timely
application is received, it shall be processed and the terminated person shall be
eligible to receive a disability benefit if the board otherwise determines that he is
totally and permanently disabled as provided for above.
(b) Conditions disqualifying disability benefits. Each member who is claiming
disability benefits shall establish, to the satisfaction of the board, that such
disability was not occasioned primarily by:
(1) Excessive or habitual use of any drugs, intoxicants or narcotics.
(2) Injury or disease sustained while willfully and illegally participating in
fights, riots or civil insurrections.
(3) Injury or disease sustained while committing a crime.
(4) Injury or disease sustained while serving in any branch of the Armed
Forces.
(5)
Injury or disease sustained after his employment as a general employee
with the City of Atlantic Beach shall have terminated.
(6) Willful, wanton or intentional misconduct or gross negligence of the
member.
(7)
Injury or disease sustained by the member while working for anyone other
than the city and arising out of such employment.
(8) A condition pre-existing the general employee's membership in the
system. No member shall be entitled to a disability pension, because of or
due to the aggravation of a specific injury, impairment or other medical
condition pre-existing at the time of membership in the system, provided
that such pre-existing condition and its relationship to a later injury,
impairment or other medical condition be established by competent
substantial evidence. Nothing herein shall be construed to preclude a
disability pension to a member who, after membership in the system,
suffers an injury, impairment or other medical condition different from
some other injury, impairment, or other medical condition existing at or
prior to said membership.
(c) Physical examination requirement. A member shall not become eligible for
disability benefits until and unless he undergoes a physical examination by a
qualified physician or physicians and/or surgeon or surgeons, who shall be
selected by the board for that purpose. The board shall not select the member's
treating physician or surgeon for this purpose except in an unusual case where
the board determines that it would be reasonable and prudent to do so.
Any retiree receiving disability benefits under provisions of this article may be required
by the board to submit sworn statements of his condition accompanied by a physician's
statement (provided at the retiree's expense) to the board annually and may be required by the
board to undergo additional periodic re-examinations by a qualified physician or physicians
and/or surgeon or surgeons who shall be selected by the board, to determine if such disability
has ceased to exist. If a retiree refuses to submit to such examination, the retiree's disability
benefit shall be suspended until such time as the retiree submits to the examination. If the board
finds that the retiree is no longer permanently and totally disabled to the extent that he is unable
to render useful and efficient service as a general employee, the board shall recommend to the
city that the retiree be returned to performance of duty as a general employee, and the retiree
so returned shall enjoy the same rights that he had at the time he was placed upon. In the event
the retiree so ordered to return shall refuse to comply with the order within thirty (30) days from
the issuance thereof, he shall forfeit the right to his pension.
The cost of the physical examination and/or re-examination of the member claiming or
the retiree receiving disability benefits shall be borne by the fund. All other reasonable costs as
determined by the board incident to the physical examination, such as, but not limited to,
transportation, meals and hotel accommodations, shall be borne by the fund.
If the retiree recovers from disability and reenters the service of the city as a general
employee, his service will be deemed to have been continuous, but the period beginning with
the first month for which he received a disability retirement income payment and ending with the
date he reentered the service of the city will not be considered as credited service for the
purposes of the system.
The board shall have the power and authority to make the final decisions regarding all
disability claims.
(d) Disability payments. The monthly benefit to which a member is entitled in the
event of the member's disability retirement shall be payable on the first day of the
first month after the board determines such entitlement. However, the monthly
retirement income shall be payable as of the date the board determined such
entitlement, retroactive to the date of application or the last day on payroll,
whichever is later, and any retroactive benefit amount shall be paid together with
the first payment. The last payment will be:
(1) If the retiree recovers from the disability, the payment paid preceding the
date of such recovery, or
(2) If the retiree dies without recovering from disability, the payment received
preceding his death.
Provided, however, the disability retiree may select, at any time prior to the date on which
benefit payments begin, an optional form of benefit payment as described in section 2-270,
subsection (a)(1) or (a)(2), which shall be the actuarial equivalent of the normal form of benefit.
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-14-38, § 1, 8-11-14)
Sec. 2-269. Vesting.
If a member terminates his employment as a general employee, either voluntarily or by
discharge, and is not eligible for any other benefits under this system, the member shall be
entitled to a monthly retirement benefit, determined in the same manner as for normal or early
retirement and based upon the member's credited service, average final compensation and the
benefit accrual rate as of the date of termination, payable to him commencing at member's
otherwise normal or early retirement date, determined based upon his actual years of credited
service, provided he does not elect to withdraw his accumulated contributions and provided the
member survives to his otherwise normal or early retirement date. If the member does not
withdraw his accumulated contributions and does not survive to his otherwise normal or early
retirement date, his designated beneficiary shall be entitled to a benefit as provided herein for a
deceased member, vested or eligible for retirement under section 2-267, pre -retirement death.
The member may, in lieu of the benefit provided for above, elect to receive a refund of his
accumulated contributions.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-270. Optional forms of benefits.
(a) In lieu of the amount and form of retirement income payable in the event of
normal or early retirement (payable for life only) as specified herein, a member,
upon written request to the board, may elect to receive a retirement income or
benefit of equivalent actuarial value payable in accordance with one (1) of the
following options:
(1) A retirement income of a monthly amount payable to the retiree for his
lifetime, but with one hundred twenty (120) payments guaranteed in any
event.
(2) A retirement income of a modified monthly amount, payable to the retiree
during the lifetime of the retiree and following the death of the retiree, one
hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds
(662/3) percent or fifty (50) percent of such monthly amount payable to a
joint pensioner for his lifetime. Except where the retiree's joint pensioner
is his spouse, the payments to the joint pensioner as a percentage of the
payments to the retiree shall not exceed the applicable percentage
provided for in the applicable table in the Treasury regulations. (See
Q&A -2 of 1.401(a)(9)-6)
A retirement income of a modified monthly amount, payable to the retiree
during the lifetime of the retiree and following the death of the retiree, one
hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds
(662/3) percent or fifty (50) percent of such monthly amount payable to a
joint pensioner for his lifetime. However, in the event the person
designated by the retiree predeceases the retiree, the monthly benefit
shall increase to the amount payable under the standard normal form of
payment for the remaining lifetime of the retiree. Except where the
retiree's joint pensioner is his spouse, the payments to the joint pensioner
as a percentage of the payments to the retiree shall not exceed the
applicable percentage provided for in the applicable table in the Treasury
regulations. (See Q&A -2 of 1.401(a)(9)-6)
(4) If a member retires prior to the time at which social security benefits are
payable, he may elect to receive an increased retirement benefit until
such time as social security benefits shall be assumed to commence and
a reduced benefit thereafter in order to provide, to as great an extent as
possible, a more level retirement allowance during the entire period of
retirement. The amounts payable shall be as recommended by the
actuaries for the system, based upon the social security law in effect at
the time of the member's retirement.
(3)
(5)
For members who do not participate in the drop pursuant to section
2-286, the member may elect a percentage of benefit in a lump sum as
follows:
a. Ten (10) percent of the total actuarial equivalent value of the
benefit paid as a lump sum with the remaining ninety (90) percent
paid under the normal form or as per [subsections] (a)(1), (2) or
(3) above.
b. Fifteen (15) percent of the total actuarial equivalent value of the
benefit paid as a lump sum with the remaining eighty-five (85)
percent paid under the normal form or as per [subsections] (a)(1),
(2) or (3) above.
c. Twenty (20) percent of the total actuarial equivalent value of the
benefit paid as a lump sum with the remaining eighty (80) percent
paid under the normal form or as per [subsections] (a)(1), (2) or
(3) above.
d. Twenty-five (25) percent of the total actuarial equivalent value of
the benefit paid as a lump sum with the remaining seventy-five
(75) percent paid under the normal form or as per [subsections]
(a)(1), (2) or (3) above.
(b) The member, upon electing any option of this section, will designate the joint
pensioner (subsection (a)(2) or (a)(3) above) or beneficiary (or beneficiaries) to
receive the benefit, if any, payable under the system in the event of member's
death, and will have the power to change such designation from time to time.
Such designation will name a joint pensioner or one (1) or more primary
beneficiaries where applicable. If a member has elected an option with a joint
pensioner or beneficiary and member's retirement income benefits have
commenced, the member may thereafter change his designated beneficiary at
any time, but may only change his joint pensioner if the designated joint
pensioner and the member were married at the time of member's retirement and
are divorced subsequent thereto and the joint pensioner is alive at the time of the
change. In the absence of proof of good health of the joint pensioner being
replaced, the actuary will assume that the joint pensioner has deceased for
purposes of calculating the new payment.
(c) The consent of a member's or retiree's joint pensioner or beneficiary to any such
change shall not be required. The rights of all previously -designated beneficiaries
to receive benefits under the system shall thereupon cease.
(d) Upon change of a retiree's joint pensioner in accordance with this section, the
amount of the retirement income payable to the retiree shall be actuarially
determined to take into account the age and sex of the former joint pensioner,
the new joint pensioner and the retiree. Any such retiree shall pay the actuarial
recalculation expenses. Each request for a change will be made in writing and
notarized on a form prepared by the board and on completion will be filed with
the board. In the event that no designated beneficiary survives the retiree, such
benefits as are payable in the event of the death of the retiree subsequent to his
retirement shall be paid as provided in section 2-271.
(e) Retirement income payments shall be made under the option elected in
accordance with the provisions of this section and shall be subject to the
following limitations:
(1) If a member or person eligible for a benefit dies prior to his normal
retirement date or early retirement date, whichever first occurs, no
retirement benefit will be payable under the option to any person, but the
benefits, if any, will be determined under section 2-267.
(f)
(g)
(2) If the designated beneficiary (or beneficiaries) or joint pensioner dies
before the member's retirement under the system, the option elected will
be canceled automatically and a retirement income of the normal form
and amount will be payable to the member upon his retirement as if the
election had not been made, unless a new election is made in
accordance with the provisions of this section or a new beneficiary is
designated by the member prior to his retirement.
If both the retiree and the beneficiary (or beneficiaries) designated by
member or retiree die before the full payment has been effected under
any option providing for payments for a period certain and life thereafter,
made pursuant to the provisions of subsection (a), the board may, in its
discretion, direct that the commuted value of the remaining payments be
paid in a lump sum and in accordance with section 2-271.
(4) If a member continues beyond his normal retirement date pursuant to the
provisions of section 2-266, subsection (a), and dies prior to his actual
retirement and while an option made pursuant to the provisions of this
section is in effect, monthly retirement income payments will be made, or
a retirement benefit will be paid, under the option to a beneficiary (or
beneficiaries) designated by the member in the amount or amounts
computed as if the member had retired under the option on the date on
which his death occurred.
(3)
(5)
The member's benefit under this section must begin to be distributed to
the member no later than April 1 of the calendar year following the later of
the calendar year in which the member attains age seventy and one-half
(70%) or the calendar year in which the member terminates employment
with the city.
A retiree may not change his retirement option after the date of cashing or
depositing his first retirement check.
Notwithstanding anything herein to the contrary, the board in its discretion, may
elect to make a lump sum payment to a member or a member's beneficiary in the
event that the total commuted value of the monthly income payments to be paid
do not exceed one thousand dollars ($1,000.00). Any such payment made to any
person pursuant to the power and discretion conferred upon the board by the
preceding sentence shall operate as a complete discharge of all obligations
under the system with regard to such member and shall not be subject to review
by anyone, but shall be final, binding and conclusive on all persons.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-271. Beneficiaries.
(a) Each member or retiree may, on a form provided for that purpose, signed and
filed with the board, designate a beneficiary (or beneficiaries) to receive the
benefit, if any, which may be payable in the event of his death. Each designation
may be revoked or changed by such member or retiree by signing and filing with
the board a new designation -of -beneficiary form. Upon such change, the rights of
all previously designated beneficiaries to receive any benefits under the system
shall cease.
(b) If a deceased member or retiree failed to name a beneficiary in the manner
prescribed in subsection (a), or if the beneficiary (or beneficiaries) named by a
deceased member or retiree predeceases the member or retiree, the death
benefit, if any, which may be payable under the system with respect to such
deceased member or retiree, shall be paid to the estate of the member or retiree
and the board, in its discretion, may direct that the commuted value of the
remaining monthly income benefits be paid in a lump sum.
(c) Any payment made to any person pursuant to this section shall operate as a
complete discharge of all obligations under the system with regard to the
deceased member and any other persons with rights under the system and shall
not be subject to review by anyone but shall be final, binding and conclusive on
all persons ever interested hereunder.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-272. Claims procedures.
(a) The board shall establish administrative claims procedures to be utilized in
processing written requests ("claims"), on matters which affect the substantial
rights of any person ("claimant"), including members, retirees, beneficiaries, or
any person affected by a decision of the board.
(b) The board shall have the power to subpoena and require the attendance of
witnesses and the production of documents for discovery prior to and at any
proceedings provided for in the board's claims procedures. The claimant may
request in writing the issuance of subpoenas by the board. A reasonable fee may
be charged for the issuance of any subpoenas not to exceed the fees set forth in
Florida Statutes.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-273. Roster of retirees.
The secretary of the board shall keep a record of all persons enjoying a pension under
the provisions of this division in which it shall be noted the time when the pension is allowed and
when the same shall cease to be paid. Additionally, the secretary shall keep a record of all
members in such a manner as to show the name, address, date of employment and date of
termination of employment.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-274. Maximum pension.
(a) Basic limitation. Notwithstanding any other provisions of this system to the
contrary, the member contributions paid to, and retirement benefits paid from, the
system shall be limited to such extent as may be necessary to conform to the
requirements of IRC section 415 for a qualified retirement plan. Before January
1, 1995, a plan member may not receive an annual benefit that exceeds the
limits specified in IRC section 415(b), subject to the applicable adjustments in
that section. On and after January 1, 1995, a plan member may not receive an
annual benefit that exceeds the dollar amount specified in IRC section
415(b)(1)(A) one hundred sixty thousand dollars ($160,000.00), subject to the
applicable adjustments in IRC section 415(b) and subject to any additional limits
that may be specified in this system. For purposes of this section, "limitation
year" shall be the calendar year.
For purposes of code section 415(b), the "annual benefit" means a benefit payable
annually in the form of a straight life annuity (with no ancillary benefits) without regard to the
benefit attributable to after-tax employee contributions (except pursuant to code section 415(n)
and to rollover contributions (as defined in code section 415(b)(2)(A)). The "benefit attributable"
shall be determined in accordance with Treasury Regulations.
(b) Adjustments to basic limitation for form of benefit. If the benefit under the plan is
other than the annual benefit described in subsection (a), then the benefit shall
be adjusted so that it is the equivalent of the annual benefit, using factors
prescribed in Treasury Regulations. If the form of the benefit without regard to
any automatic benefit increase feature is not a straight life annuity or a qualified
joint and survivor annuity, then the preceding sentence is applied by either
reducing the code section 415(b) limit applicable at the annuity starting date or
adjusting the form of benefit to an actuarially equivalent amount (determined
using the assumptions specified in Treasury Regulation section
1.415(b)-1(c)(2)(ii)) that takes into account the additional benefits under the form
of benefit as follows:
(1) For a benefit paid in a form to which IRC section 417(e)(3) does not apply
(generally, a monthly benefit), the actuarially equivalent straight life
annuity benefit that is the greater of:
a. The annual amount of the straight life annuity (if any) payable to
the member under the plan commencing at the same annuity
starting date as the form of benefit to the member; or
b. The annual amount of the straight life annuity commencing at the
same annuity starting date that has the same actuarial present
value as the form of benefit payable to the member, computed
using a five -percent interest assumption (or the applicable
statutory interest assumption) and (i) for years prior to January 1,
2009, the applicable mortality tables described in Treasury
Regulation section 1.417(e) -1(d)(2) (Revenue Ruling 2001-62 or
any subsequent Revenue Ruling modifying the applicable
provisions of Revenue Rulings 2001-62), and (ii) for years after
December 31, 2008, the applicable mortality tables described in
IRC section 417(e)(3)(B) (Notice 2008-85 or any subsequent
Internal Revenue Service guidance implementing IRC section
417(e)(3)(B)); or
(2) For a benefit paid in a form to which IRC section 417(e)(3) applies
(generally, a lump sum benefit), the actuarially equivalent straight life
annuity benefit that is the greatest of:
a. The annual amount of the straight life annuity commencing at the
annuity starting date that has the same actuarial present value as
the particular form of benefit payable, computed using the interest
rate and mortality table, or tabular factor, specified in the plan for
actuarial experience;
(3)
b. The annual amount of the straight life annuity commencing at the
annuity starting date that has the same actuarial present value as
the particular form of benefit payable, computed using a 5.5
percent interest assumption (or the applicable statutory interest
assumption) and (i) for years prior to January 1, 2009, the
applicable mortality tables for the distribution under Treasury
Regulation section 1.417(e) -1(d)(2) (the mortality table specified in
Revenue Ruling 2001-62 or any subsequent Revenue Ruling
modifying the applicable provisions of Revenue Ruling 2001-62),
and (ii) for years after December 31, 2008, the applicable mortality
tables described in IRC section 417(e)(3)(B) (Notice 2008-85 or
any subsequent Internal Revenue Service guidance implementing
IRC section 417(e)(3)(B)); or
c. The annual amount of the straight life annuity commencing at the
annuity starting date that has the same actuarial present value as
the particular form of benefit payable (computed using the
applicable interest rate for the distribution under Treasury
Regulation section 1.417(e) -1(d)(3) (the 30 -year Treasury rate
(prior to January 1, 2007, using the rate in effect for the month
prior to retirement, and on and after January 1, 2007, using the
rate in effect for the first day of the plan year with a one-year
stabilization period)) and (i) for years prior to January 1, 2009, the
applicable mortality tables for the distribution under Treasury
Regulation section 1.417(e) -1(d)(2) (the mortality table specified in
Revenue Ruling 2001-62 or any subsequent Revenue Ruling
modifying the applicable provisions of Revenue Ruling 2001-62),
and (ii) for years after December 31, 2008, the applicable mortality
tables described in IRC section 417(e)(3)(B) (Notice 2008-85 or
any subsequent Internal Revenue Service guidance implementing
IRC section 417(e)(3)(B)), divided by 1.05.
The actuary may adjust the [section] 415(b) limit at the annuity starting
date in accordance with subsections (1) and (2) above.
(c) Benefits not taken into account. For purposes of this section, the following
benefits shall not be taken into account in applying these limits:
(1) Any ancillary benefit which is not directly related to retirement income
benefits;
(2) Any other benefit not required under section 415(b)(2) of the IRC and
Regulations thereunder to be taken into account for purposes of the
limitation of IRC section 415(b)(1); and
That portion of any joint and survivor annuity that constitutes a qualified
joint and survivor annuity.
(d) COLA effect. Effective on and after January 1, 2003, for purposes of applying the
limits under IRC section 415(b) (the "limit"), the following will apply:
(1) A member's applicable limit will be applied to the member's annual benefit
in the member's first limitation year of benefit payments without regard to
any automatic cost of living adjustments;
(3)
(2) Thereafter, in any subsequent limitation year, a member's annual benefit,
including any automatic cost of living increases, shall be tested under the
then applicable benefit limit including any adjustment to the IRC section
415(b)(1)(A) dollar limit under IRC section 415(d), and the regulations
thereunder; but
In no event shall a member's benefit payable under the system in any
limitation year be greater than the limit applicable at the annuity starting
date, as increased in subsequent years pursuant to IRC section 415(d)
and the regulations thereunder.
Unless otherwise specified in the system, for purposes of applying the limits under IRC section
415(b), a member's applicable limit will be applied taking into consideration cost of living
increases as required by section 415(b) of the IRC and applicable Treasury Regulations.
(e) Other adjustments in limitations.
(1) In the event the member's retirement benefits become payable before
age sixty-two (62), the limit prescribed by this section shall be reduced in
accordance with regulations issued by the Secretary of the Treasury
pursuant to the provisions of IRC section 415(b) of the IRC, so that such
limit (as so reduced) equals an annual straight life benefit (when such
retirement income benefit begins) which is equivalent to a one hundred
sixty thousand dollar ($160,000.00) annual benefit beginning at age
sixty-two (62).
(2) In the event the member's benefit is based on at least fifteen (15) years of
credited service as a full-time employee of the police department of the
city, the adjustments provided for in [subsection] (e)(1) above shall not
apply.
The reductions provided for in [subsection] (e)(1) above shall not be
applicable to disability benefits pursuant to section 2-268, or
preretirement death benefits paid pursuant to section 2-267.
(4) In the event the member's retirement benefit becomes payable after age
sixty-five (65), for purposes of determining whether this benefit meets the
limit set forth in subsection (a) herein, such benefit shall be adjusted so
that it is actuarially equivalent to the benefit beginning at age sixty-five
(65). This adjustment shall be made in accordance with regulations
promulgated by the Secretary of the Treasury or his delegate.
Less than ten (10) years of participation. The maximum retirement benefits
payable under this section to any member who has completed less than ten (10)
years of participation with the city shall be the amount determined under
subsection (a) of this section multiplied by a fraction, the numerator of which is
the number of the member's years of participation and the denominator of which
is ten (10). The reduction provided by this subsection cannot reduce the
maximum benefit below ten (10) percent of the limit determined without regard to
this subsection. The reduction provided for in this subsection shall not be
applicable to preretirement disability benefits paid pursuant to section 2-268, or
preretirement death benefits paid pursuant to section 2-267.
Participation in other defined benefit plans. The limit of this section with respect
to any member who at any time has been a member in any other defined benefit
(3)
(f)
(g)
(3)
plan as defined in IRC section 414(j) maintained by the city shall apply as if the
total benefits payable under all city defined benefit plans in which the member
has been a member were payable from one (1) plan.
(h) Ten thousand dollar ($10,000.00) limit; less than ten (10) years of service.
Notwithstanding anything in this section 2-274, the retirement benefit payable
with respect to a member shall be deemed not to exceed the limit set forth in this
subsection (h) of section 2-274 if the benefits payable, with respect to such
member under this system and under all other qualified defined benefit pension
plans to which the city contributes, do not exceed ten thousand dollars
($10,000.00) for the applicable limitation year and for any prior limitation year and
the city has not any time maintained a qualified defined contribution plan in which
the member participated; provided, however, that if the member has completed
less than ten (10) years of credited service with the city, the limit under this
subsection (h) of section 2-274 shall be a reduced limit equal to ten thousand
dollars ($10,000.00) multiplied by a fraction, the numerator of which is the
number of the member's years of credited service and the denominator of which
is ten (10).
Reduction of benefits. Reduction of benefits and/or contributions to all plans,
where required, shall be accomplished by first reducing the member's benefit
under any defined benefit plans in which member participated, such reduction to
be made first with respect to the plan in which member most recently accrued
benefits and thereafter in such priority as shall be determined by the board and
the plan administrator of such other plans, and next, by reducing or allocating
excess forfeitures for defined contribution plans in which the member
participated, such reduction to be made first with respect to the plan in which
member most recently accrued benefits and thereafter in such priority as shall be
established by the board and the plan administrator for such other plans
provided, however, that necessary reductions may be made in a different manner
and priority pursuant to the agreement of the board and the plan administrator of
all other plans covering such member.
(j) Service credit purchase limits.
(1) Effective for permissive service credit contributions made in limitation
years beginning after December 31, 1997, if a member makes one (1) or
more contributions to purchase permissive service credit under the
system, as allowed in sections 2-283, and 2-284, then the requirements
of this section will be treated as met only if:
a. The requirements of IRC section 415(b) are met, determined by
treating the accrued benefit derived from all such contributions as
an annual benefit for purposes of IRC section 415(b), or
b. The requirements of IRC section 415(c) are met, determined by
treating all such contributions as annual additions for purposes of
IRC section 415(c).
For purposes of applying subparagraph (j)(1)a., the system will not fail to meet the reduced limit
under IRC section 415(b)(2)(C) solely by reason of this subparagraph , and for purposes of
applying subparagraph (j)(1)b. the system will not fail to meet the percentage limitation under
section 415(c)(1)(B) of the IRC solely by reason of this subparagraph.
(i)
(2) For purposes of this subsection the term "permissive service credit"
means service credit:
a. Recognized by the system for purposes of calculating a member's
benefit under the plan;
b. Which such member has not received under the plan; and
c. Which such member may receive only by making a voluntary
additional contribution, in an amount determined under the
system, which does not exceed the amount necessary to fund the
benefit attributable to such service credit.
Effective for permissive service credit contributions made in limitation years beginning after
December 31, 1997, such term may, if otherwise provided by the system, include service credit
for periods for which there is no performance of service, and, notwithstanding clause (j)(2)b.,
may include service credited in order to provide an increased benefit for service credit which a
member is receiving under the system.
(k) Contribution limits.
(1) For purposes of applying the code section 415(c) limits which are
incorporated by reference and for purposes of this subsection (k), only
and for no other purpose, the definition of compensation where applicable
will be compensation actually paid or made available during a limitation
year, except as noted below and as permitted by Treasury Regulations
section 1.415(c)-2, or successor regulations. Unless another definition of
compensation that is permitted by Treasury Regulations section
1.415(c)-2, or successor regulation, is specified by the system,
compensation will be defined as wages within the meaning of IRC section
3401(a) and all other payments of compensation to an employee by an
employer for which the employer is required to furnish the employee a
written statement under IRC sections 6041(d), 6051(a)(3) and 6052 and
will be determined without regard to any rules under IRC section 3401(a)
that limit the remuneration included in wages based on the nature or
location of the employment or the services performed (such as the
exception for agricultural labor in IRC section 3401(a)(2).
a. However, for limitation years beginning after December 31, 1997,
compensation will also include amounts that would otherwise be
included in compensation but for an election under IRC sections
125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For limitation
years beginning after December 31, 2000, compensation will also
include any elective amounts that are not includible in the gross
income of the employee by reason of IRC section 132(f)(4).
b. For limitation years beginning on and after January 1, 2007,
compensation for the limitation year will also include
compensation paid by the later of two and one-half (2%) months
after an employee's severance from employment or the end of the
limitation year that includes the date of the employee's severance
from employment if:
1. The payment is regular compensation for services during
the employee's regular working hours, or compensation for
services outside the employee's regular working hours
(such as overtime or shift differential), commissions,
bonuses or other similar payments, and, absent a
severance from employment, the payments would have
been paid to the employee while the employee continued
in employment with the employer; or
2. The payment is for unused accrued bona fide sick,
vacation or other leave that the employee would have
been able to use if employment had continued.
c. Back pay, within the meaning of Treasury Regulations section
1.415(c) -2(g)(8), shall be treated as compensation for the
limitation year to which the back pay relates to the extent the back
pay represents wages and compensation that would otherwise be
included under this definition.
(2) Notwithstanding any other provision of law to the contrary, the board may
modify a request by a member to make a contribution to the system if the
amount of the contribution would exceed the limits provided in IRC
section 415 by using the following methods:
a. If the law requires a lump sum payment for the purchase of
service credit, the board may establish a periodic payment
deduction plan for the member to avoid a contribution in excess of
the limits under IRC sections 415(c) or 415(n).
b. If payment pursuant to subparagraph (k)(2)a. will not avoid a
contribution in excess of the limits imposed by IRC section 415(c),
the board may either reduce the member's contribution to an
amount within the limits of that section or refuse the member's
contribution.
(3)
If the annual additions for any member for a limitation year exceed the
limitation under section 415(c) of the code, the excess annual addition will
be corrected as permitted under the Employee Plans Compliance
Resolution System (or similar IRS correction program).
(4) For limitation years beginning on or after January 1, 2009, a member's
compensation for purposes of this subsection (k) shall not exceed the
annual limit under section 401(a)(17) of the code.
(I) Additional limitation on pension benefits. Notwithstanding anything herein to the
contrary:
(1) The normal retirement benefit or pension payable to a retiree who
becomes a member of the system and who has not previously
participated in such system, on or after January 1, 1980, shall not exceed
one hundred (100) percent of his average final compensation. However,
nothing contained in this section shall apply to supplemental retirement
benefits or to pension increases attributable to cost -of -living increases or
adjustments.
(2) No member of the system shall be allowed to receive a retirement benefit
or pension which is in part or in whole based upon any service with
respect to which the member is already receiving, or will receive in the
future, a retirement benefit or pension from a different employer's
retirement system or plan. This restriction does not apply to social
security benefits or federal benefits under Chapter 67, Title 10, U.S.
Code.
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-14-38, § 2, 8-11-14)
Sec. 2-275. Minimum distribution of benefits.
(a) General rules.
(1) Effective date. Effective as of January 1, 1989, the plan will pay all
benefits in accordance with a good faith interpretation of the requirements
of IRC section 401(a)(9) and the regulations in effect under that section,
as applicable to a governmental plan within the meaning of IRC section
414(d). Effective on and after January 1, 2003, the plan is also subject to
the specific provisions contained in this section. The provisions of this
section will apply for purposes of determining required minimum
distributions for calendar years beginning with the 2003 calendar year.
Precedence. The requirements of this section will take precedence over
any inconsistent provisions of the plan.
TEFRA section 242(b)(2) elections. Notwithstanding the other provisions
of this section other than this subsection (a)(3), distributions may be
made under a designation made before January 1, 1984, in accordance
with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act
(TEFRA) and the provisions of the plan that related to section 242(b)(2) of
TEFRA.
(2)
(3)
(b) Time and manner of distribution.
(1) Required beginning date. The member's entire interest will be distributed,
or begin to be distributed, to the member no later than the member's
required beginning date which shall not be later than April 1 of the
calendar year following the later of the calendar year in which the
member attains age seventy and one-half (70Y2) or the calendar year in
which the member terminates employment with the city.
(2) Death of member before distributions begin. If the member dies before
distributions begin, the member's entire interest will be distributed, or
begin to be distributed no later than as follows:
a. If the member's surviving spouse is the member's sole designated
beneficiary, then distributions to the surviving spouse will begin by
December 31 of the calendar year immediately following the
calendar year in which the member died, or by a date on or before
December 31 of the calendar year in which the member would
have attained age seventy and one-half (701,6), if later, as the
surviving spouse elects.
b. If the member's surviving spouse is not the member's sole
designated beneficiary, then, distributions to the designated
beneficiary will begin by December 31 of the calendar year
immediately following the calendar year in which the member
died.
c. If there is no designated beneficiary as of September 30 of the
year following the year of the member's death, the member's
entire interest will be distributed by December 31 of the calendar
year containing the fifth anniversary of the member's death.
d. If the member's surviving spouse is the member's sole designated
beneficiary and the surviving spouse dies after the member but
before distributions to the surviving spouse begin, this subsection
(b)(2), other than subsection (b)(2)a., will apply as if the surviving
spouse were the member.
For purposes of this subsection (b)(2). and subsection (e), distributions are considered to begin
on the member's required beginning date or, if subsection (b)(2)d. applies, the date of
distributions are required to begin to the surviving spouse under subsection (b)(2)a. If annuity
payments irrevocably commence to the member before the member's required beginning date
(or to the member's surviving spouse before the date distributions are required to begin to the
surviving spouse under subsection (b)(2)a.) the date distributions are considered to begin is the
date distributions actually commence.
(3)
Death after distributions begin. If the member dies after the required
distribution of benefits has begun, the remaining portion of the member's
interest must be distributed at least as rapidly as under the method of
distribution before the member's death.
(4) Form of distribution. Unless the member's interest is distributed in the
form of an annuity purchased from an insurance company or in a single
sum on or before the required beginning date, as of the first distribution
calendar year distributions will be made in accordance with this section. If
the member's interest is distributed in the form of an annuity purchased
from an insurance company, distributions thereunder will be made in
accordance with the requirements of section 401(a)(9) of the IRC and
Treasury regulations. Any part of the member's interest which is in the
form of an individual account described in section 414(k) of the IRC will
be distributed in a manner satisfying the requirements of section
401(a)(9) of the IRC and Treasury regulations that apply to individual
accounts.
(c) Determination of amount to be distributed each year.
(1) General requirements. If the member's interest is paid in the form of
annuity distributions under the plan, payments under the annuity will
satisfy the following requirements:
a. The annuity distributions will be paid in periodic payments made at
intervals not longer than one (1) year.
b. The member's entire interest must be distributed pursuant to
sections 2-266, 2-267, 2-269, or 2-270 (as applicable) and in any
event over a period equal to or less than the member's life or the
lives of the member and a designated beneficiary, or over a period
not extending beyond the life expectancy of the member or of the
member and a designated beneficiary. The life expectancy of the
member, the member's spouse, or the member's beneficiary may
not be recalculated after the initial determination for purposes of
determining benefits.
(2) Amount required to be distributed by required beginning date. The
amount that must be distributed on or before the member's required
beginning date (or, if the member dies before distributions begin, the date
distributions are required to begin under section 2-266) is the payment
that is required for one (1) payment interval. The second payment need
not be made until the end of the next payment interval even if that
payment interval ends in the next calendar year. Payment intervals are
the periods for which payments are received, e.g., monthly. All of the
member's benefit accruals as of the last day of the first distribution
calendar year will be included in the calculation of the amount of the
annuity payments for payment intervals ending on or after the member's
required beginning date.
Additional accruals after first distribution calendar year. Any additional
benefits accruing to the member in a calendar year after the first
distribution calendar year will be distributed beginning with the first
payment interval ending in the calendar year immediately following the
calendar year in which such amount accrues.
(d) General distribution rules.
(1) The amount of an annuity paid to a member's beneficiary may not exceed
the maximum determined under the incidental death benefit requirement
of IRC section 401(a)(9)(G), and effective for any annuity commencing on
or after January 1, 2008, the minimum distribution incidental benefit rule
under Treasury Regulation section 1.401(a)(9)-6, Q&A -2.
(2) The death and disability benefits provided by the plan are limited by the
incidental benefit rule set forth in IRC section 401(a)(9)(G) and Treasury
Regulation section 1.401-1(b)(1)(I) or any successor regulation thereto.
As a result, the total death or disability benefits payable may not exceed
twenty-five (25) percent of the cost for all of the members' benefits
received from the retirement system.
(e) Definitions.
(1) Designated beneficiary. The individual who is designated as the
beneficiary under the plan and is the designated beneficiary under section
401(a)(9) of the IRC and section 1.401(a)(9)-1, Q&A -4, of the Treasury
Regulations.
(2) Distribution calendar year: A calendar year for which a minimum
distribution is required. For distributions beginning before the member's
death, the first distribution calendar year is the calendar year immediately
preceding the calendar year which contains the member's required
beginning date. For distributions beginning after the member's death, the
first distribution calendar year is the calendar year in which distributions
are required to begin pursuant to section 2-266.
(Ord. No. 58-13-37, § 1, 6-10-13)
(3)
Sec. 2-276. Miscellaneous provisions.
(a) Interest of members in system. All assets of the fund are held in trust, and at no
time prior to the satisfaction of all liabilities under the system with respect to
retirees and members and their spouses or beneficiaries, shall any part of the
corpus or income of the fund be used for or diverted to any purpose other than
for their exclusive benefit.
(b) No reduction of accrued benefits. No amendment or ordinance shall be adopted
by the City Commission of the City of Atlantic Beach which shall have the effect
of reducing the then vested accrued benefits of members or a member's
beneficiaries.
(c)
Qualification of system. It is intended that the system will constitute a qualified
public pension plan under the applicable provisions of the IRC for a qualified plan
under IRC section 401(a) and a governmental plan under IRC section 414(d), as
now in effect or hereafter amended. Any modification or amendment of the
system may be made retroactively, if necessary or appropriate, to qualify or
maintain the system as a plan meeting the requirements of the applicable
provisions of the IRC as now in effect or hereafter amended, or any other
applicable provisions of the U.S. federal tax laws, as now in effect or hereafter
amended or adopted, and the regulations issued thereunder.
(d) Use of forfeitures. Forfeitures arising from terminations of service of members
shall serve only to reduce future city contributions.
(e) Prohibited transactions. Effective as of January 1, 1989, a board may not engage
in a transaction prohibited by IRC section 503(b).
(f) USERRA. Effective December 12, 1994, notwithstanding any other provision of
this system, contributions, benefits and service credit with respect to qualified
military service are governed by IRC section 414(u) and the Uniformed Services
Employment and Reemployment Rights Act of 1994, as amended. To the extent
that the definition of "credited service" sets forth contribution requirements that
are more favorable to the member than the minimum compliance requirements,
the more favorable provisions shall apply.
(g) Vesting.
(1) Member will be one hundred (100) percent vested in all benefits upon
attainment of the plan's age and service requirements for the plan's
normal retirement benefit; and
(2) A member will be one hundred (100) percent vested in all accrued
benefits, to the extent funded, if the plan is terminated or experiences a
complete discontinuance of employer contributions.
(h) Electronic forms. In those circumstances where a written election or consent is
not required by the plan or the IRC, an oral, electronic, or telephonic form in lieu
of or in addition to a written form may be prescribed by the board. However,
where applicable, the board shall comply with Treasury Regulations section
1.401(a)-21.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-277. Domestic relations orders; retiree directed payments; exemption from
execution, non -assignability.
(a) Domestic relations orders.
(1) Prior to the entry of any domestic relations order which affects or purports to
affect the system's responsibility in connection with the payment of benefits of a
retiree, the member or retiree shall submit the proposed order to the board for
review to determine whether the system may legally honor the order.
(2) If a domestic relations order is not submitted to the board for review prior to entry
of the order, and the system is ordered to take action that it may not legally take,
and the system expends administrative or legal fees in resolving the matter, the
member or retiree who submits such an order will be required to reimburse the
system for its expenses in connection with the order.
(b) Retiree directed payments. The board may, upon written request by a retiree or
by a dependent, when authorized by a retiree or the retiree's beneficiary,
authorize the system to withhold from the monthly retirement payment those
funds that are necessary to pay for the benefits being received through the city,
and to make any payments for child support or alimony.
(c) Exemption from execution, non -assignability. Except as otherwise provided by
law, the pensions, annuities, or any other benefits accrued or accruing to any
person under the provisions of this division and the accumulated contributions
and the cash securities in the fund created under this division are hereby
exempted from any state, county or municipal tax and shall not be subject to
execution, attachment, garnishment or any legal process whatsoever and shall
be unassignable.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-278. Pension validity.
The board shall have the power to examine into the facts upon which any pension shall
heretofore have been granted under any prior or existing law, or shall hereafter be granted or
obtained erroneously, fraudulently or illegally for any reason. The board is empowered to purge
the pension rolls or correct the pension amount of any person heretofore granted a pension
under prior or existing law or any person hereafter granted a pension under this article if the
same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person
who has heretofore under any prior or existing law been or who shall hereafter under this article
be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be
corrected and paid or repaid in a reasonable manner determined by the board.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-279. Forfeiture of pension.
(a) Any member who is convicted of the following offenses committed prior to
retirement, or whose employment is terminated by reason of his admitted
commission, aid or abetment of the following specified offenses, shall forfeit all
rights and benefits under this system, except for the return of his accumulated
contributions without interest as of the date of termination. Specified offenses are
as follows:
(1) The committing, aiding or abetting of an embezzlement of public funds;
(2) The committing, aiding or abetting of any theft by a public officer or
employee from employer;
(3) Bribery in connection with the employment of a public officer or employee;
(4) Any felony specified in Chapter 838, Florida Statutes;
(5) The committing of an impeachable offense;
(6) The committing of any felony by a public officer or employee who willfully
and with intent to defraud the public or the public agency, for which he
acts or in which he is employed, of the right to receive the faithful
performance of his duty as a public officer or employee, realizes or
obtains or attempts to obtain a profit, gain, or advantage for himself or for
some other person through the use or attempted use of the power, rights,
privileges, duties or position of his public office or employment position; or
The committing on or after October 1, 2008, of any felony defined in F.S.
§ 800.04, against a victim younger than sixteen (16) years of age, or any
felony defined in Chapter 794, Florida Statutes, against a victim younger
than eighteen (18) years of age, by a public officer or employee through
the use or attempted use of power, rights, privileges, duties, or position of
his or her public office or employment position.
(b) Conviction shall be defined as an adjudication of guilt by a court of competent
jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when
adjudication of guilt is withheld and the accused is placed on probation; or a
conviction by the senate of an impeachable offense.
(c) Court shall be defined as any state or federal court of competent jurisdiction
which is exercising its jurisdiction to consider a proceeding involving the alleged
commission of a specified offense. Prior to forfeiture, the board shall hold a
hearing on which notice shall be given to the member whose benefits are being
considered for forfeiture. Said member shall be afforded the right to have an
attorney present. No formal rules of evidence shall apply, but the member shall
be afforded a full opportunity to present his case against forfeiture.
(d) Any member who has received benefits from the system in excess of his
accumulated contributions after member's rights were forfeited shall be required
to pay back to the fund the amount of the benefits received in excess of his
accumulated contributions. The board may implement all legal action necessary
to recover such funds.
(7)
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-280. Indemnification.
(a) To the extent not covered by insurance contracts in force from time to time, the
city shall indemnify, defend and hold harmless members of the board from all
personal liability for damages and costs, including court costs and attorneys'
fees, arising out of claims, suits, litigation, or threat of same, herein referred to as
"claims", against these individuals because of acts or circumstances connected
with or arising out of their official duty as members of the board. The city
reserves the right, in its sole discretion, to settle or not settle the claim at any
time, and to appeal or to not appeal from any adverse judgment or ruling, and in
either event will indemnify, defend and hold harmless any members of the board
from the judgment, execution, or levy thereon.
(b) This section shall not be construed so as to relieve any insurance company or
other entity liable to defend the claim or liable for payment of the judgment or
claim, from any liability, nor does this section waive any provision of law affording
the city immunity from any suit in whole or part, or waive any other substantive or
procedural rights the city may have.
(c) This section shall not apply nor shall the city be responsible in any manner to
defend or pay for claims arising out of acts or omissions of members of the board
which constitute felonies or gross malfeasance or gross misfeasance in office.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-281. Direct transfers of eligible rollover distributions.
(a) Rollover distributions.
(1) General. This section applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the system to the contrary that
would otherwise limit a distributee's election under this section, a
distributee may elect, at the time and in the manner prescribed by the
board, to have any portion of an eligible rollover distribution paid directly
to an eligible retirement plan specified by the distributee in a direct
rollover.
(2) Definitions.
a. Eligible rollover distribution: An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the
distributee, except that an eligible rollover distribution does not
include: any distribution that is one (1) of a series of substantially
equal periodic payments (not less frequently than annually) made
for the life (or life expectancy) of the distributee or the joint lives
(or joint life expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period of ten (10) years
or more; any distribution to the extent such distribution is required
under section 401(a)(9) of the IRC and the portion of any
distribution that is not includible in gross income. Effective January
1, 2002, any portion of any distribution which would be includible
in gross income as after-tax employee contributions will be an
eligible rollover distribution if the distribution is made to an
individual retirement account described in section 408(a); to an
individual retirement annuity described in section 408(b); to a
qualified defined contribution plan described in section 401(a) or
403(a) that agrees to separately account for amounts so
transferred (and earnings thereon), including separately
accounting for the portion of such distribution which is includible in
gross income and portion of such distribution which is includible in
gross income and the portion of such distribution which is not so
includible; or on or after January 1, 2007, to a qualified defined
benefit plan described in IRC section 401(a) or to an annuity
contract described in IRC section 403(b), that agrees to separately
account for amounts so transferred (and earnings thereon),
including separately accounting for the portion of the distribution
that is includible in gross income and the portion of the distribution
that is not so includible.
b. Eligible retirement plan: An eligible retirement plan is an individual
retirement account described in section 408(a) of the IRC; an
individual retirement annuity described in section 408(b) of the
IRC; an annuity plan described in section 403(a) of the IRC;
effective January 1, 2002, an eligible deferred compensation plan
described in section 457(b) of the IRC which is maintained by an
eligible employer described in section 457(e)(1)(A) of the IRC and
which agrees to separately account for amounts transferred into
such plan from this plan; effective January 1, 2002, an annuity
contract described in section 403(b) of the IRC; a qualified trust
described in section 401(a) of the IRC; or effective January 1,
2008, a Roth IRA described in section 408A of the IRC that
accepts the distributee's eligible rollover distribution. This
definition shall apply in the case of an eligible rollover distribution
to the surviving spouse.
c. Distributee: A distributee includes an employee or former
employee. It also includes the employee's or former employee's
surviving spouse and the employee's or former employee's
spouse or former spouse. Effective January 1, 2007, it further
includes a nonspouse beneficiary who is a designated beneficiary
as defined by IRC section 401(a)(9)(E). However, a nonspouse
beneficiary may rollover the distribution only to an individual
retirement account or individual retirement annuity established for
the purpose of receiving the distribution and the account or
annuity will be treated as an "inherited" individual retirement
account or annuity.
d. Direct rollover: A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee.
(b) Rollovers or transfers into the fund. On or after January 1, 2002, the system will
accept, solely for the purpose of purchasing credited service as provided herein,
permissible member requested transfers of funds from other retirement or
pension plans, member rollover cash contributions and/or direct cash rollovers of
distributions made on or after January 1, 2002, as follows:
(1) Transfers and direct rollovers or member rollover contributions from other
plans. The system will accept either a direct rollover of an eligible rollover
distribution or a member contribution of an eligible rollover distribution
from a qualified plan described in section 401(a) or 403(a) of the IRC,
from an annuity contract described in section 403(b) of the IRC or from an
eligible plan under section 457(b) of the IRC which is maintained by a
state, political subdivision of a state, or any agency or instrumentality of a
state or political subdivision of a state. The system will also accept legally
permissible member requested transfers of funds from other retirement or
pension plans.
(2) Member rollover contributions from IRAs. The system will accept a
member rollover contribution of the portion of a distribution from an
individual retirement account or annuity described in section 408(a) or
408(b) of the IRC that is eligible to be rolled over.
Elimination of mandatory distributions. Notwithstanding any other
provision herein to the contrary, in the event this plan provides for a
mandatory (involuntary) cash distribution from the plan not otherwise
required by law, for an amount in excess of one thousand dollars
($1,000.00), such distribution shall be made from the plan only upon
written request of the member and completion by the member of a written
election on forms designated by the board, to either receive a cash lump
sum or to rollover the lump sum amount.
(3)
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-282. Family and Medical Leave Act.
The fractional parts of the twelve-month period ending each March 1 that a member is
on leave without pay from the city pursuant to the Family and Medical Leave Act (FMLA) shall
be added to his credited service provided that:
(1) The member contributes to the fund an actuarially determined amount so that the
crediting of the purchased service does not result in any cost to the fund plus
payment of costs for all professional services rendered to the board in connection
with the purchase of years of credited service.
(2) The request for credited service for FMLA leave time for the twelve-month period
prior to each March 1 and payment of professional fees shall be made on or
before March 31.
(3)
Payment by the member of the required amount shall be made on or before April
30 for the preceding twelve-month period ending March 1 and shall be made in
one (1) lump sum payment upon receipt of which credited service shall be
issued.
(4) Credited service purchased pursuant to this section shall not count toward
vesting.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-283. Military service prior to employment.
The years or fractional parts of years that a general employee serves or has served on
active duty in the military service of the Armed Forces of the United States, the United States
Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or
under honorable conditions, prior to first and initial employment with the city shall be added to
his years of credited service provided that:
(1) The member contributes to the fund the sum that he would have contributed,
based on his salary and the member contribution rate in effect at the time that the
credited service is requested, had he been a member of the system for the years
or fractional parts of years for which he is requesting credit plus amounts
actuarially determined such that the crediting of service does not result in any
cost to the fund plus payment of costs for all professional services rendered to
the board in connection with the purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this section may be
made at any time prior to retirement.
(3) Payment by the member of the required amount shall be made within six (6)
months of his request for credit, but not later than the retirement date, and shall
be made in one (1) lump sum payment upon receipt of which credited service
shall be given or the member may elect to make payment for the requested
credited service over a period of time as provided for in paragraph (6) below.
(4) The maximum credit under this section shall be five (5) years.
(5) Credited service purchased pursuant to this section shall count for all pension
purposes, except vesting and eligibility for not -in-line of duty disability benefits.
(6) In lieu of the lump sum payment provided for in paragraph (3) above, a member
may elect to make payments over a period of time in order to fully pay the
amount provided for in paragraph (1). The member shall be required to notify the
board, in writing, of his election to make payments in the manner provided for in
this paragraph. The payment plan provided for in this paragraph shall be subject
to the following terms:
a. The principal amount to be paid shall be determined as set forth in
paragraph (1) above.
b. The original principal amount shall be amortized over the period
beginning with the first payment and ending at the end of a period equal
to the number of years being purchased and shall be reamortized
annually if necessary to reflect changes in the interest rate provided for in
subparagraph (6)c. below.
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return on plan investments.
d. Payments shall be made by payroll deduction from each paycheck on an
after-tax basis.
e. In the event that a member dies, retires (including entry into the deferred
retirement option plan (DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to
receive all credited service requested, the member shall receive so much
of the credited service requested, determined using procedures
established by the actuary, which could be purchased with the amount of
principal paid by the member to the date of his death or termination of
employment.
f. In the event that the member's employment is terminated for any reason
and he is not entitled to any benefit from the plan other than the return of
the amounts he has had deducted from his paycheck as his normal
contribution to the plan, the amounts which the member has paid
pursuant to this subsection to purchase additional credited service, shall
be returned to him including all interest paid.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-284. Prior government service.
Unless otherwise prohibited by law, the years or fractional parts of years that a general
employee who was previously a member, but who terminated employment and received a
refund of his contributions or who terminated employment and is not otherwise entitled to
credited service for such previous period of employment as a general employee, or the years or
fractional parts of years that a member previously served as an employee for any governmental
agency in the United States, including but not limited to, federal, state or local government
service, and for which he does not otherwise qualify for and receive credit under this system,
shall be added to his years of credited service provided that:
(1) The member contributes to the fund the sum that he would have contributed,
based on his salary and the member contribution rate in effect at the time that the
credited service is requested, had he been a member of the system for the years
or fractional parts of years for which he is requesting credit plus amounts
actuarially determined such that the crediting of service does not result in any
cost to the fund plus payment of costs for all professional services rendered to
the board in connection with the purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this section may be
made at any time prior to retirement.
Payment by the member of the required amount shall be made within six (6)
months of his request for credit, but not later than the retirement date, and shall
be made in one (1) lump sum payment upon receipt of which credited service
shall be given or the member may elect to make payment for the requested
credited service over a period of time as provided for in paragraph (6) below.
(4) The maximum credit under this section for service other than with the city of shall
be five (5) years of credited service and shall count for all pension purposes,
except vesting and eligibility for disability benefits. There shall be no maximum
purchase of credit for prior service with the City of Atlantic Beach and such credit
shall count for all pension purposes, including vesting.
In no event, however, may credited service be purchased pursuant to this section
for prior service with any other governmental agency, if such prior service forms
or will form the basis of a retirement benefit or pension from a different
employers' retirement system or plan as set forth in subsection 2-274(k)(2).
(6) In lieu of the lump sum payment provided for in paragraph (3) above, a member
may elect to make payments over a period of time in order to fully pay the
amount provided for in paragraph (1). The member shall be required to notify the
board, in writing, of his election to make payments in the manner provided for in
this paragraph. The payment plan provided for in this paragraph shall be subject
to the following terms:
a. The principal amount to be paid shall be determined as set forth in
paragraph (1) above.
(3)
(5)
b. The original principal amount shall be amortized over the period
beginning with the first payment and ending at the end of a period equal
to the number of years being purchased and shall be reamortized
annually if necessary to reflect changes in the interest rate provided for in
subparagraph (6)c. below.
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return on plan investments.
d. Payments shall be made by payroll deduction from each paycheck on an
after-tax basis.
e. In the event that a member dies, retires (including entry into the deferred
retirement option plan (DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to
receive all credited service requested, the member shall receive so much
of the credited service requested, determined using procedures
established by the actuary, which could be purchased with the amount of
principal paid by the member to the date of his death or termination of
employment.
f. In the event that the member's employment is terminated for any reason
and he is not entitled to any benefit from the plan other than the return of
the amounts he has had deducted from his paycheck as his normal
contribution to the plan, the amounts which the member has paid
pursuant to this subsection to purchase additional credited service, shall
be returned to him, including all interest paid.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-285. Reemployment after retirement.
(a) [Generally] Any retiree who is retired under this system, except for disability
retirement as previously provided for, may be reemployed by any public or
private employer, except the city, and may receive compensation from that
employment without limiting or restricting in any way the retirement benefits
payable under this system. Reemployment by the city shall be subject to the
limitations set forth in this section.
(b) After normal retirement. Any retiree who is retired under normal retirement
pursuant to this system and who is reemployed by the city after that retirement
shall be ineligible to participate in this system and shall, during the period of such
reemployment, continue to receive retirement benefits previously earned.
(c) After early retirement. Any retiree who is retired under early retirement pursuant
to this system and who subsequently becomes an employee of the city in any
capacity shall be ineligible to participate in this system and shall discontinue
receipt of benefits from the system. Pension benefit payments shall be
suspended for the period of any such reemployment, but shall be restored upon
the earlier of termination of employment or such time as the reemployed retiree
reaches the date that he would have been eligible for normal retirement under
this system had he continued employment and not elected early retirement.
Retirement pursuant to an early retirement incentive program shall be deemed
early retirement for purposes of this section if the member was permitted to retire
prior to the customary retirement date provided for in the system at the time of
retirement.
(d) Reemployment of terminated vested persons. Reemployed terminated vested
persons shall not be subject to the provisions of this section until such time as
they begin to actually receive benefits. Upon receipt of benefits, terminated
vested persons shall be treated as normal or early retirees for purposes of
applying the provisions of this section and their status as an early or normal
retiree shall be determined by the date they elect to begin to receive their benefit.
(e) DROP participants. Members or retirees who are or were in the deferred
retirement option plan shall, following termination of employment after DROP
participation shall be subject to the above restrictions.
(Ord. No. 58-13-37, § 1, 6-10-13)
Sec. 2-286. Deferred retirement option plan.
(a) Definitions. As used in this section 2-286, the following definitions apply:
(1) DROP. The City of Atlantic Beach General Employees' Retirement
System Deferred Retirement Option Plan.
(2) DROP account. The account established for each DROP participant
under subsection (c).
(b) Participation.
(1) Eligibility to participate. In lieu of terminating his employment as a general
employee, any member who is eligible for normal or early retirement
under the system may elect to defer receipt of such service retirement
pension and to participate in the DROP.
(2) Election to participate. A member's election to participate in the drop must
be made in writing in a time and manner determined by the board and
shall be effective on the first day of the first calendar month which is at
least fifteen (15) business days after it is received by the board.
(3) Period of participation. A member who elects to participate in the DROP
under subsection (b)(2), shall participate in the DROP for a period not to
exceed sixty (60) months beginning at the time his election to participate
in the DROP first becomes effective. An election to participate in the
DROP shall constitute an irrevocable election to resign from the service of
the city not later than the date provided for in the previous sentence. A
member may participate only once.
(4) Termination of participation.
a. A member's participation in the DROP shall cease at the earlier of:
1. The end of his permissible period of participation in the
DROP as determined under subsection (b)(3); or
2. Termination of his employment as a general employee.
b. Upon the member's termination of participation in the DROP,
pursuant to subsection (b)(4)a.1. above, all amounts provided for
(5)
in subsection (c)(2), including monthly benefits and investment
earnings and losses, shall cease to be transferred from the
system to his DROP account. Any amounts remaining in his
DROP account shall be paid to him in accordance with the
provisions of subsection (d) when he terminates employment as a
general employee.
c. A member who terminates his participation in the DROP under
this subsection (b)(4) shall not be permitted to again become a
participant in the DROP.
Effect of DROP participation on the system.
a. A member's credited service and his accrued benefit under the
system shall be determined on the date his election to participate
in the DROP first becomes effective. For purposes of determining
the accrued benefit, the member's salary for the purposes of
calculating his average final compensation shall include an
amount equal to any lump sum payments which would have been
paid to the member and included as salary as defined herein, had
the member retired under normal or early retirement and not
elected DROP participation. Member contributions attributable to
any lump sums used in the benefit calculation and not actually
received by the member shall be deducted from the first payments
to the member's DROP account. The member shall not accrue
any additional credited service or any additional benefits under the
system (except for any additional benefits provided under any
cost -of -living adjustment for retirees in the system) while he is a
participant in the DROP. After a member commences
participation, he shall not be permitted to again contribute to the
system nor shall he be eligible for disability or pre -retirement
death benefits, except as provided for in section 2-285,
reemployment after retirement.
b. No amounts shall be paid to a member from the system while the
member is a participant in the DROP. Unless otherwise specified
in the system, if a member's participation in the DROP is
terminated other than by terminating his employment as a general
employee, no amounts shall be paid to him from the system until
he terminates his employment as a general employee. Unless
otherwise specified in the system, amounts transferred from the
system to the member's DROP account shall be paid directly to
the member only on the termination of his employment as a
general employee.
(c) Funding.
(1) Establishment of DROP account. A DROP account shall be established
for each member participating in the DROP. A member's DROP account
shall consist of amounts transferred to the DROP under subsection (c)(2),
and earnings or losses on those amounts.
(2) Transfers from retirement system.
a. As of the first day of each month of a member's period of
participation in the DROP, the monthly retirement benefit he would
have received under the system had he terminated his
employment as a general employee and elected to receive
monthly benefit payments thereunder shall be transferred to his
DROP account, except as otherwise provided for in subsection
(b)(4)b. A member's period of participation in the DROP shall be
determined in accordance with the provisions of subsections (b)(3)
and (b)(4), but in no event shall it continue past the date he
terminates his employment as a general employee.
b. Except as otherwise provided in subsection (b)(4)b., a member's
DROP account under this subsection (c)(2) shall be debited or
credited after each fiscal year quarter with earnings, determined
as follows:
The average daily balance in a member's DROP account shall be credited or debited at a rate
equal to the net investment return realized by the system for that quarter. "Net investment
return" for the purpose of this paragraph is the total return of the assets in which the member's
DROP account is invested by the board net of brokerage commissions, transaction costs and
management fees.
c. A member's DROP account shall only be credited or debited with
earnings or losses and monthly benefits while the member is a
participant in the DROP. A member's final DROP account value
for distribution to the member upon termination of participation in
the DROP shall be the value of the account at the end of the
quarter immediately preceding termination of participation plus
any monthly periodic additions made to the DROP account
subsequent to the end of the previous quarter and prior to
distribution. If a member fails to terminate employment after
participating in the DROP for the permissible period of DROP
participation, then beginning with the member's first month of
employment following the last month of the permissible period of
DROP participation, the member's DROP account will no longer
be credited or debited with earnings or losses, nor will monthly
benefits be transferred to the DROP account. All such
non -transferred amounts shall be forfeited and continue to be
forfeited while the member is employed by the city. A member
employed by the city after the permissible period of DROP
participation will still not be eligible for pre -retirement death and
disability benefits, and will not accrue additional credited service
except as provided for in section 2-286, reemployment after
retirement.
(d) Distribution of DROP accounts on termination of employment.
(1) Eligibility for benefits. A member shall receive the balance in his drop
account in accordance with the provisions of this subsection (d) upon his
termination of employment as a general employee. Except as provided in
subsection (d)(5), no amounts shall be paid to a member from the DROP
prior to his termination of employment as a general employee.
(2) Form of distribution.
a. Unless the member elects otherwise, distribution of his DROP
account shall be made in a lump sum, subject to the direct rollover
provisions set forth in subsection (d)(6). Elections under this
paragraph shall be in writing and shall be made in such time or
manner as the board shall determine.
(3)
b. Notwithstanding the preceding, if a member dies before his benefit
is paid, his DROP account shall be paid to his beneficiary in such
optional form as his beneficiary may select. If no beneficiary
designation is made, the DROP account shall be distributed to the
member's estate.
Date of payment of distribution. Except as otherwise provided in this
subsection (d), distribution of a member's DROP account shall be made
as soon as administratively practicable following the member's
termination of employment. Distribution of the amount in a member's
DROP account will not be made unless the member completes a written
request for distribution and a written election, on forms designated by the
board, to either receive a cash lump sum or a rollover of the lump sum
amount.
(4) Proof of death and right of beneficiary or other person. The board may
require and rely upon such proof of death and such evidence of the right
of any beneficiary or other person to receive the value of a deceased
member's DROP account as the board may deem proper and its
determination of the right of that beneficiary or other person to receive
payment shall be conclusive.
(5) Distribution limitation. Notwithstanding any other provision of subsection
(d), all distributions from the DROP shall conform to the "minimum
distribution of benefits" provisions as provided for herein.
(6) Direct rollover of certain distributions. This subsection applies to
distributions made on or after January 1, 2002. Notwithstanding any
provision of the DROP to the contrary, a distributee may elect to have any
portion of an eligible rollover distribution paid in a direct rollover as
otherwise provided under the system in section 2-281.
(e) Administration of DROP.
(1) Board administers the DROP. The general administration of the DROP,
the responsibility for carrying out the provisions of the DROP and the
responsibility of overseeing the investment of the DROP's assets shall be
placed in the board. The members of the board may appoint from their
number such subcommittees with such powers as they shall determine;
may adopt such administrative procedures and regulations as they deem
desirable for the conduct of their affairs; may authorize one (1) or more of
their number or any agent to execute or deliver any instrument or make
any payment on their behalf; may retain counsel, employ agents and
provide for such clerical, accounting, actuarial and consulting services as
they may require in carrying out the provisions of the DROP; and may
allocate among themselves or delegate to other persons all or such
portion of their duties under the DROP, other than those granted to them
as trustee under any trust agreement adopted for use in implementing the
DROP, as they, in their sole discretion, shall decide. A trustee shall not
vote on any question relating exclusively to himself.
(2) Individual accounts, records and reports. The board shall maintain
records showing the operation and condition of the DROP, including
records showing the individual balances in each member's DROP
account, and the board shall keep in convenient form such data as may
be necessary for the valuation of the assets and liabilities of the DROP.
The board shall prepare and distribute to members participating in the
DROP and other individuals or file with the appropriate governmental
agencies, as the case may be, all necessary descriptions, reports,
information returns, and data required to be distributed or filed for the
DROP pursuant to the IRC and any other applicable laws.
Establishment of rules. Subject to the limitations of the DROP, the board
from time to time shall establish rules for the administration of the DROP
and the transaction of its business. The board shall have discretionary
authority to construe and interpret the DROP (including but not limited to
determination of an individual's eligibility for DROP participation, the right
and amount of any benefit payable under the DROP and the date on
which any individual ceases to be a participant in the DROP). The
determination of the board as to the interpretation of the DROP or its
determination of any disputed questions shall be conclusive and final to
the extent permitted by applicable law.
(4) Limitation of liability.
a. The trustees shall not incur any liability individually or on behalf of
any other individuals for any act or failure to act, made in good
faith in relation to the DROP or the funds of the DROP.
(3)
b. Neither the board nor any trustee of the board shall be responsible
for any reports furnished by any expert retained or employed by
the board, but they shall be entitled to rely thereon as well as on
certificates furnished by an accountant or an actuary, and on all
opinions of counsel. The board shall be fully protected with
respect to any action taken or suffered by it in good faith in
reliance upon such expert, accountant, actuary or counsel, and all
actions taken or suffered in such reliance shall be conclusive upon
any person with any interest in the DROP.
(f) General provisions.
(1) Amendment of DROP. The DROP may be amended by an ordinance of
the city at any time and from time to time, and retroactively if deemed
necessary or appropriate, to amend in whole or in part any or all of the
provisions of the DROP. However, except as otherwise provided by law,
no amendment shall make it possible for any part of the DROP's funds to
be used for, or diverted to, purposes other than for the exclusive benefit
of persons entitled to benefits under the DROP. No amendment shall be
made which has the effect of decreasing the balance of the DROP
account of any member.
(2) Facility of payment. If a member or other person entitled to a benefit
under the DROP is unable to care for his affairs because of illness or
accident or is a minor, the board shall direct that any benefit due him shall
be made only to a duly appointed legal representative. Any payment so
made shall be a complete discharge of the liabilities of the DROP for that
benefit.
(3)
Information. Each member, beneficiary or other person entitled to a
benefit, before any benefit shall be payable to him or on his account
under the DROP, shall file with the board the information that it shall
require to establish his rights and benefits under the DROP.
(4) Prevention of escheat. If the board cannot ascertain the whereabouts of
any person to whom a payment is due under the DROP, the board may,
no earlier than three (3) years from the date such payment is due, mail a
notice of such due and owing payment to the last known address of such
person, as shown on the records of the board or the city. If such person
has not made written claim therefor within three (3) months of the date of
the mailing, the board may, if it so elects and upon receiving advice from
counsel to the system, direct that such payment and all remaining
payments otherwise due such person be canceled on the records of the
system. Upon such cancellation, the system shall have no further liability
therefor except that, in the event such person or his beneficiary later
notifies the board of his whereabouts and requests the payment or
payments due to him under the DROP, the amount so applied shall be
paid to him in accordance with the provisions of the DROP.
Written elections, notification.
a. Any elections, notifications or designations made by a member
pursuant to the provisions of the DROP shall be made in writing
and filed with the board in a time and manner determined by the
board under rules uniformly applicable to all employees similarly
situated. The board reserves the right to change from time to time
the manner for making notifications, elections or designations by
members under the DROP if it determines after due deliberation
that such action is justified in that it improves the administration of
the DROP. In the event of a conflict between the provisions for
making an election, notification or designation set forth in the
DROP and such new administrative procedures, those new
administrative procedures shall prevail.
b. Each member or retiree who has a DROP account shall be
responsible for furnishing the board with his current address and
any subsequent changes in his address. Any notice required to be
given to a member or retiree hereunder shall be deemed given if
directed to him at the last such address given to the board and
mailed by registered or certified United States mail. If any check
mailed by registered or certified United States mail to such
address is returned, mailing of checks, advices and direct deposit
of funds will be suspended until such time as the member or
retiree notifies the board of his address.
(5)
(6) Benefits not guaranteed. All benefits payable to a member from the drop
shall be paid only from the assets of the member's DROP account and
neither the city nor the board shall have any duty or liability to furnish the
DROP with any funds, securities or other assets except to the extent
required by any applicable law.
(7) Construction.
a. The DROP shall be construed, regulated and administered under
the laws of Florida, except where other applicable law controls.
b. The titles and headings of the subsections in this section 2-286
are for convenience only. In the case of ambiguity or
inconsistency, the text rather than the titles or headings shall
control.
(8) Forfeiture of retirement benefits. Nothing in this section shall be construed
to remove DROP participants from the application of any forfeiture
provisions applicable to the system. DROP participants shall be subject to
forfeiture of all retirement benefits, including DROP benefits.
Effect of DROP participation on employment. Participation in the DROP is
not a guarantee of employment and DROP participants shall be subject to
the same employment standards and policies that are applicable to
employees who are not DROP participants.
(Ord. No. 58-13-37, § 1, 6-10-13)
(9)
Secs. 2-287-2-299. Reserved.
DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM XiV[13]
Sec. 2-300. Definitions.
Sec. 2-301. Membership.
Sec. 2-302. Board of trustees.
Sec. 2-303. Finances and fund management.
Sec. 2-304. Contributions.
Sec. 2-305. Benefit amounts and eligibility.
Sec. 2-306. Pre -retirement death.
Sec. 2-307. Disability.
Sec. 2-308. Vesting.
Sec. 2-309. Optional forms of benefits.
Sec. 2-310. Beneficiaries.
Sec. 2-310.1. Claims procedures.
Sec. 2-310.2. Reports to division of retirement.
Sec. 2-310.3. Roster of retirees.
Sec. 2-310.4. Maximum pension.
Sec. 2-310.5. Minimum distribution of benefits.
Sec. 2-310.6. Miscellaneous provisions.
Sec. 2-310.7. Repeal or termination of system.
Sec. 2-310.8. Domestic relations orders; retiree directed payments; exemption from
execution, non -assignability.
Sec. 2-310.9. Pension validity.
Sec. 2-310.10. Forfeiture of pension.
Sec. 2-310.11. Conviction and forfeiture; false, misleading or fraudulent statements.
Sec. 2-310.12. Indemnification.
Sec. 2-310.13. Direct transfers of eligible rollover distributions.
Sec. 2-310.14. Family and Medical Leave Act.
Sec. 2-310.15. Military service prior to employment.
Sec. 2-310.16. Prior police service.
Sec. 2-310.17. Reemployment after retirement.
Sec. 2-310.18. Deferred retirement option plan.
Sec. 2-310.19. Reserved.
Sec. 2-300. Definitions.
(a) [Definitions.] As used herein, unless otherwise defined or required by the context,
the following words and phrases shall have the meaning indicated:
Accumulated contributions means a member's own contributions with interest
compounded annually on October 1 of each year based on the two-year Treasury Rate as of
October 1 of each year plus interest at the same rate payable through the date of termination of
employment. For those members who purchase credited service with interest or at no cost to
the system, any payment representing the amount attributable to member contributions based
on the applicable member contribution rate, and any payment representing interest and any
required actuarially calculated payments for the purchase of such credited service shall be
included in accumulated contributions, with interest. Interest shall accrue only during periods of
active employment.
Actuarial equivalent means a benefit or amount of equal value, based upon the RP -2000
Combined Healthy Male Generational Mortality Table projected by Scale AA, and an interest
rate of eight (8) percent per annum. This definition may only be amended by the city pursuant to
the recommendation of the board using assumptions adopted by the board with the advice of
the plan's actuary, such that actuarial assumptions are not subject to city discretion.
Average final compensation means one -twelfth (1/12) of the average salary of the five
(5) best years of the last ten (10) years of credited service prior to retirement, termination, or
death, or the career average as a full-time police officer, whichever is greater. A year shall be
twelve (12) consecutive months.
Beneficiary means the person or persons entitled to receive benefits hereunder at the
death of a member who has or have been designated in writing by the member and filed with
the board. If no such designation is in effect, or if no person so designated is living, at the time
of death of the member, the beneficiary shall be the estate of the member.
Board means the board of trustees, which shall administer and manage the system
herein provided and serve as trustees of the fund.
City means City of Atlantic Beach, Florida.
Credited service means the total number of years and fractional parts of years of service
as a police officer with member contributions, when required, omitting intervening years or
fractional parts of years when such member was not employed by the city as a police officer. A
member may voluntarily leave his accumulated contributions in the fund for a period of five (5)
years after leaving the employ of the police department pending the possibility of being
reemployed as a police officer, without losing credit for the time that he was a member of the
system. If a vested member leaves the employ of the police department, his accumulated
contributions will be returned only upon his written request. If a member who is not vested is not
reemployed as a police officer with the police department within five (5) years, his accumulated
contributions, if one -thousand dollars ($1,000.00) or less shall be returned. If a member who is
not vested is not reemployed within five (5) years, his accumulated contributions, if more than
one -thousand dollars ($1,000.00), will be returned only upon the written request of the member
and upon completion of a written election to receive a cash lump sum or to rollover the lump
sum amount on forms designated by the board. Upon return of a member's accumulated
contributions, all of his rights and benefits under the system are forfeited and terminated. Upon
any reemployment, a police officer shall not receive credit for the years and fractional parts of
years of service for which he has withdrawn his accumulated contributions from the fund, unless
the police officer repays into the fund the contributions he has withdrawn, with interest, as
determined by the board, within ninety (90) days after his reemployment.
The years or fractional parts of a year that a member performs "qualified military service"
consisting of voluntary or involuntary "service in the uniformed services" as defined in the
uniformed services employment and Reemployment Rights Act (USERRA) (P.L. 103-353), after
separation from employment as a police officer with the city to perform training or service, shall
be added to his years of credited service for all purposes, including vesting, provided that:
(1) The member is entitled to reemployment under the provisions of USERRA.
(2) The member returns to his employment as a police officer within one year from
the earlier of the date of his military discharge or his release from active service,
unless otherwise required by USERRA.
The maximum credit for military service pursuant to this paragraph shall be five
(5) years.
(4) This paragraph is intended to satisfy the minimum requirements of USERRA. To
the extent that this paragraph does not meet the minimum standards of
USERRA, as it may be amended from time to time, the minimum standards shall
apply.
In the event a member dies on or after January 1, 2007, while performing USERRA
qualified military service, the beneficiaries of the member are entitled to any benefits (other than
(3)
benefit accruals relating to the period of qualified military service) as if the member had
resumed employment and then died while employed.
Beginning January 1, 2009, to the extent required by section 414(u)(12) of the code, an
individual receiving differential wage payments (as defined under section 3401(h)(2) of the
code) from an employer shall be treated as employed by that employer, and the differential
wage payment shall be treated as compensation for purposes of applying the limits on annual
additions under section 415(c) of the code. This provision shall be applied to all similarly
situated individuals in a reasonably equivalent manner.
Effective date means the date on which this article becomes effective.
Fund means the trust fund established herein as part of the system.
IRC means the Internal Revenue Code of 1986, as amended from time to time.
Member means an actively employed police officer who fulfills the prescribed
membership requirements. Benefit improvements which, in the past, have been provided for by
amendments to the system adopted by city ordinance, and any benefit improvements which
might be made in the future shall apply prospectively and shall not apply to members who
terminate employment or who retire prior to the effective date of any ordinance adopting such
benefit improvements, unless such ordinance specifically provides to the contrary.
Plan year means the twelve-month period beginning October 1 and ending September
30 of the following year.
Police officer means an actively employed full-time person, employed by the city,
including his initial probationary employment period, who is certified as a police officer as a
condition of employment in accordance with the provisions of F.S. § 943.1395, who is vested
with authority to bear arms and make arrests, and whose primary responsibility is the prevention
and detection of crime or the enforcement of the penal, traffic, or highway laws of the State of
Florida.
Retiree means a member who has entered retirement status.
Retirement means a member's separation from city employment with eligibility for
immediate receipt of benefits under the system or entry into the deferred retirement option plan.
Salary means the total compensation for services rendered to the city as a police officer
reportable on the member's W-2 form plus all tax deferred, tax sheltered, or tax exempt items of
income derived from elective employee payroll deductions or salary reductions. Compensation
shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary
or wages while absent from work on account of vacation, holiday, or illness, and will also include
incentive pay as defined in F.S. § 943.22. Compensation shall not include redemptions or
payments in consideration of unused vacation time or sick leave, the value of any fringe benefit,
uniform allowances, equipment allowances, reimbursement of expenses, or payments for extra
duty or a special detail work performed on behalf of a second party employer or any other item
not specifically included. For service earned after February 26, 2013, (the "effective date"),
salary shall not include more than three hundred (300) hours of overtime per calendar year.
Provided however, in any event, payments for overtime in excess of three hundred (300) hours
per year accrued as of the effective date and attributable to service earned prior to the effective
date, may still be included in salary for pension purposes even if the payment is not actually
made until on or after the effective date.
Compensation in excess of the limitations set forth in section 401(a)(17) of the IRC as of
the first day of the plan year shall be disregarded for any purpose, including employee
contributions or any benefit calculations. The annual compensation of each member taken into
account in determining benefits or employee contributions for any plan year beginning on or
after January 1, 2002, may not exceed two hundred thousand dollars ($200,000.00), as
adjusted for cost -of -living increases in accordance with IRC section 401(a)(17)(B).
Compensation means compensation during the fiscal year. The cost -of -living adjustment in
effect for a calendar year applies to annual compensation for the determination period that
begins with or within such calendar year. If the determination period consists of fewer than
twelve (12) months, the annual compensation limit is an amount equal to the otherwise
applicable annual compensation limit multiplied by a fraction, the numerator of which is the
number of months in the short determination period, and the denominator of which is twelve
(12). If the compensation for any prior determination period is taken into account in determining
a member's contributions or benefits for the current plan year, the compensation for such prior
determination period is subject to the applicable annual compensation limit in effect for that prior
period. The limitation on compensation for an "eligible employee" shall not be less than the
amount which was allowed to be taken into account hereunder as in effect on July 1, 1993.
"Eligible employee" is an individual who was a member before the first plan year beginning after
December 31, 1995.
Spouse means the lawful wife or husband of a member or retiree at the time benefits
become payable.
System means the City of Atlantic Beach Police Officers' Retirement System as
contained herein and all amendments thereto.
(b) Masculine gender. The masculine gender, where used herein, unless the context
specifically requires otherwise, shall include both the feminine and masculine
genders.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-301. Membership.
Conditions of eligibility. All police officers as of the effective date, and all future new
police officers, shall become members of this system as a condition of employment.
Notwithstanding the previous sentence, the police chief may, within sixty (60) days of
appointment as police chief, notify the board and the city, in writing, of his election to not be a
member of the system. In the event of any such election, he shall be barred from future
membership in the system and any vested accrued benefit shall be retained and paid when
otherwise payable herein, or contributions made after employment and prior to opting out shall
be refunded. Thereafter, contributions to the plan in accordance with section 2-304 shall not be
required, he shall not be eligible to be elected as a member trustee on the board or vote for a
member trustee and shall not be eligible for any other benefits from the plan.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-302. Board of trustees.
(a) The sole and exclusive administration of and responsibility for the proper
operation of the system and for making effective the provisions of this article is
hereby vested in a board of trustees. The board is hereby designated as the plan
administrator. The board shall consist of five (5) trustees, two (2) of whom,
unless otherwise prohibited by law, shall be legal residents of the city, who shall
be appointed by the Atlantic Beach City Commission, and two (2) of whom shall
be members of the system, who shall be elected by a majority of the police
officers who are members of the system. The fifth trustee shall be chosen by a
majority of the previous four (4) trustees as provided for herein, and such
person's name shall be submitted to the Atlantic Beach City Commission. Upon
receipt of the fifth person's name, the Atlantic Beach City Commission shall, as a
ministerial duty, appoint such person to the board as its fifth trustee. The fifth
trustee shall have the same rights as each of the other four (4) trustees
appointed or elected as herein provided and shall serve a four-year term unless
he sooner vacates the office. Each resident trustee shall serve as trustee for a
period of four (4) years, unless he sooner vacates the office or is sooner replaced
by the Atlantic Beach City Commission at whose pleasure he shall serve. Each
member trustee shall serve as trustee for a period of four (4) years, unless he
sooner leaves the employment of the city as a police officer or otherwise vacates
his office as trustee, whereupon a successor shall be chosen in the same
manner as the departing trustee. Each trustee may succeed himself in office.
DROP participants can be elected as but not vote for elected trustees. The board
shall establish and administer the nominating and election procedures for each
election. The board shall meet at least quarterly each year. The board shall be a
legal entity with, in addition to other powers and responsibilities contained herein,
the power to bring and defend lawsuits of every kind, nature, and description.
(b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a
secretary. The secretary of the board shall keep a complete minute book of the
actions, proceedings, or hearings of the board. The trustees shall not receive any
compensation as such, but may receive expenses and per diem as provided by
law.
(c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative
votes shall be necessary for any decision by the trustees at any meeting of the
board. A trustee shall abstain from voting as the result of a conflict of interest and
shall comply with the provisions of F.S. § 112.3143.
(d) The board shall engage such actuarial, accounting, legal, and other services as
shall be required to transact the business of the system. The compensation of all
persons engaged by the board and all other expenses of the board necessary for
the operation of the system shall be paid from the fund at such rates and in such
amounts as the board shall agree. In the event the board chooses to use the
city's legal counsel, actuary or other professional, technical or other advisors, it
shall do so only under terms and conditions acceptable to the board.
(e) The duties and responsibilities of the board shall include, but not necessarily be
limited to, the following:
(1) To construe the provisions of the system and determine all questions
arising thereunder.
(2) To determine all questions relating to eligibility and membership.
(3) To determine and certify the amount of all retirement allowances or other
benefits hereunder.
(4) To establish uniform rules and procedures to be followed for
administrative purposes, benefit applications and all matters required to
administer the system.
(5) To distribute to members, at regular intervals, information concerning the
system.
(6) To receive and process all applications for benefits.
(7) To authorize all payments whatsoever from the fund, and to notify the
disbursing agent, in writing, of approved benefit payments and other
expenditures arising through operation of the system and fund.
(8) To have performed actuarial studies and valuations, at least as often as
required by law, and make recommendations regarding any and all
changes in the provisions of the system.
To perform such other duties as are required to prudently administer the
system.
(Ord. No. 58-13-36, § 1, 6-10-13)
(9)
Sec. 2-303. Finances and fund management.
Establishment and operation of fund.
(a) As part of the system, there is hereby established the fund, into which shall be
deposited all of the contributions and assets whatsoever attributable to the
system, including the assets of the prior police officers' retirement system.
(b) The actual custody and supervision of the fund (and assets thereof) shall be
vested in the board. Payment of benefits and disbursements from the fund shall
be made by the disbursing agent but only upon written authorization from the
board.
(c) All funds of the police officers' retirement system may be deposited by the board
with the finance director of the city, acting in a ministerial capacity only, who shall
be liable in the same manner and to the same extent as he is liable for the
safekeeping of funds for the city. However, any funds so deposited with the
finance director of the city shall be kept in a separate fund by the finance director
or clearly identified as such funds of the police officers' retirement system. In lieu
thereof, the board shall deposit the funds of the police officers' retirement system
in a qualified public depository as defined in F.S. § 280.02, which depository with
regard to such funds shall conform to and be bound by all of the provisions of
Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as
set forth herein, the board may retain the services of a custodian bank, an
investment advisor registered under the Investment Advisors Act of 1940 or
otherwise exempt from such required registration, an insurance company, or a
combination of these, for the purposes of investment decisions and
management. Such investment manager shall have discretion, subject to any
guidelines as prescribed by the board, in the investment of all fund assets.
(d) All funds and securities of the system may be commingled in the fund, provided
that accurate records are maintained at all times reflecting the financial
composition of the fund, including accurate current accounts and entries as
regards the following:
(1) Current amounts of accumulated contributions of members on both an
individual and aggregate account basis; and
(2) Receipts and disbursements; and
(3) Benefit payments; and
(4) Current amounts clearly reflecting all monies, funds and assets
whatsoever attributable to contributions and deposits from the city; and
(5) All interest, dividends and gains (or losses) whatsoever; and
(6) Such other entries as may be properly required so as to reflect a clear
and complete financial report of the fund.
(e) An audit shall be performed annually by a certified public accountant for the most
recent fiscal year of the system showing a detailed listing of assets and a
statement of all income and disbursements during the year. Such income and
disbursements must be reconciled with the assets at the beginning and end of
the year. Such report shall reflect a complete evaluation of assets on both a cost
and market basis, as well as other items normally included in a certified audit.
The board shall have the following investment powers and authority:
(1) The board shall be vested with full legal title to said fund, subject,
however, and in any event to the authority and power of the Atlantic
Beach City Commission to amend or terminate this fund, provided that no
amendment or fund termination shall ever result in the use of any assets
of this fund except for the payment of regular expenses and benefits
under this system, except as otherwise provided herein. All contributions
from time to time paid into the fund, and the income thereof, without
distinction between principal and income, shall be held and administered
by the board or its agent in the fund and the board shall not be required to
segregate or invest separately any portion of the fund.
(2) All monies paid into or held in the fund shall be invested and reinvested
by the board and the investment of all or any part of such funds shall be
subject to the following:
a. Notwithstanding any limitation provided for in Chapter 185, Florida
Statutes, to the contrary (unless such limitation may not be
amended by local ordinance) or any limitation in prior city
ordinances to the contrary, all monies paid into or held in the fund
may be invested and reinvested in such securities, investment
vehicles or property wherever situated and of whatever kind, as
shall be approved by the board, including but not limited to
common or preferred stocks, bonds, and other evidences of
indebtedness or ownership. In no event, however, shall more than
twenty-five (25) percent of the assets of the fund at market value
be invested in foreign securities.
b. The board shall develop and adopt a written investment policy
statement setting forth permissible types of investments, goals
(f)
(3)
and objectives of investments and setting quality and quantity
limitations on investments in accordance with the
recommendations of its investment consultants. The investment
policy statement shall be reviewed by the board at least annually.
c. In addition, the board may, upon recommendation by the board's
investment consultant, make investments in group trusts meeting
the requirements of Internal Revenue Service Revenue Ruling
81-100 and Revenue Ruling 2011-1 or successor rulings or
guidance of similar import, and operated or maintained exclusively
for the commingling and collective investment of monies, provided
that the funds in the group trust consist exclusively of trust assets
held under plans qualified under section 401(a) of the code,
individual retirement accounts that are exempt under section
408(e) of the code, eligible governmental plans that meet the
requirements of section 457(b) of the code, and governmental
plans under 401(a)(24) of the code. For this purpose, a trust
includes a custodial account that is treated as a trust under
section 401(f) or under section 457(g)(3) of the code. While any
portion of the assets of the fund are invested in such a group trust,
such group trust is itself adopted as a part of the system or plan.
At least once every three (3) years, and more often as determined by the
board, the board shall retain a professionally qualified independent
consultant, as defined in F.S. § 185.06, to evaluate the performance of all
current investment managers and make recommendations regarding the
retention of all such investment managers. These recommendations shall
be considered by the board at its next regularly scheduled meeting.
The board may retain in cash and keep unproductive of income such
amount of the fund as it may deem advisable, having regard for the cash
requirements of the system.
Neither the board nor any trustee shall be liable for the making, retention
or sale of any investment or reinvestment made as herein provided, nor
for any loss or diminishment of the fund, except that due to his or its own
negligence, willful misconduct or lack of good faith.
(6) The board may cause any investment in securities held by it to be
registered in or transferred into its name as trustee or into the name of
such nominee as it may direct, or it may retain them unregistered and in
form permitting transferability, but the books and records shall at all times
show that all investments are part of the fund.
The board is empowered, but is not required, to vote upon any stocks,
bonds, or securities of any corporation, association, or trust and to give
general or specific proxies or powers of attorney with or without power of
substitution; to participate in mergers, reorganizations, recapitalizations,
consolidations, and similar transactions with respect to such securities; to
deposit such stock or other securities in any voting trust or any protective
or like committee with the trustees or with depositories designated
thereby; to amortize or fail to amortize any part or all of the premium or
discount resulting from the acquisition or disposition of assets; and
(7)
generally to exercise any of the powers of an owner with respect to
stocks, bonds, or other investments comprising the fund which it may
deem to be to the best interest of the fund to exercise.
(8) The board shall not be required to make any inventory or appraisal or
report to any court, nor to secure any order of court for the exercise of
any power contained herein.
Where any action which the board is required to take or any duty or
function which it is required to perform either under the terms herein or
under the general law applicable to it as trustee under this article, can
reasonably be taken or performed only after receipt by it from a member,
the city, or any other entity, of specific information, certification, direction
or instructions, the board shall be free of liability in failing to take such
action or perform such duty or function until such information, certification,
direction or instruction has been received by it.
(10) Any overpayments or underpayments from the fund to a member, retiree
or beneficiary caused by errors of computation shall be adjusted with
interest at a rate per annum approved by the board in such a manner that
the actuarial equivalent of the benefit to which the member, retiree or
beneficiary was correctly entitled, shall be paid. Overpayments shall be
charged against payments next succeeding the correction or collected in
another manner if prudent. Underpayments shall be made up from the
fund in a prudent manner. Overpayments to a deceased retiree,
beneficiary or joint annuitant of less than one (1) monthly payment
resulting from the death of the retiree, beneficiary or joint annuitant shall
not be recouped.
(11) The board shall sustain no liability whatsoever for the sufficiency of the
fund to meet the payments and benefits provided for herein.
(12) In any application to or proceeding or action in the courts, only the board
shall be a necessary party, and no member or other person having an
interest in the fund shall be entitled to any notice or service of process.
Any judgment entered in such a proceeding or action shall be conclusive
upon all persons.
(13) Any of the foregoing powers and functions reposed in the board may be
performed or carried out by the board through duly authorized agents,
provided that the board at all times maintains continuous supervision over
the acts of any such agent; provided further, that legal title to said fund
shall always remain in the board.
(Ord. No. 58-13-36, § 1, 6-10-13)
(9)
Sec. 2-304. Contributions.
(a) Member contributions.
(1) Amount. Each member of the system shall be required to make regular
contributions to the fund in the amount of six (6) percent of his salary
beginning with the first full pay period following the effective date of the
ordinance amending this subsection, seven (7) percent of his salary
effective October 1, 2013, and eight (8) percent of his salary effective
October 1, 2014. Member contributions withheld by the city on behalf of
the member shall be deposited with the board immediately after each pay
period. The contributions made by each member to the fund shall be
designated as employer contributions pursuant to section 414(h) of the
IRC. Such designation is contingent upon the contributions being
excluded from the members' gross income for Federal Income Tax
purposes. For all other purposes of the system, such contributions shall
be considered to be member contributions.
(2) Method. Such contributions shall be made by payroll deduction.
(b) State contributions. Any monies received or receivable by reason of laws of the
State of Florida, for the express purpose of funding and paying for retirement
benefits for police officers of the city shall be deposited in the fund comprising
part of this system immediately and under no circumstances more than five (5)
days after receipt by the city.
(c) City contributions. So long as this system is in effect, the city shall make at least
quarterly contributions to the fund in an amount equal to the required city
contribution as shown by the applicable actuarial valuation of the system.
(d) Other. Private donations, gifts and contributions may be deposited to the fund,
but such deposits must be accounted for separately and kept on a segregated
bookkeeping basis. funds arising from these sources may be used only for
additional benefits for members, as determined by the board, and may not be
used to reduce what would have otherwise been required city contributions.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-305. Benefit amounts and eligibility.
(a) Normal retirement date. For members hired before January 1, 2013, a member's
normal retirement date shall be the first day of the month coincident with, or next
following the earlier of the attainment of age fifty (50) and the completion of
twenty (20) years of credited service, the attainment of age fifty-five (55) and the
completion of ten (10) years of credited service, the completion of twenty-five
(25) years of credited service regardless of age, or the attainment of age sixty
(60) and the completion of five (5) years of credited service. For members hired
on or after January 1, 2013, a member's normal retirement date shall be the first
day of the month coincident with, or next following the earlier of the attainment of
age fifty-five (55) and the completion of ten (10) years of credited service, or the
attainment of age fifty-two (52) and the completion of twenty-five (25) years of
credited service. A member may retire on his normal retirement date or on the
first day of any month thereafter, and each member shall become one hundred
(100) percent vested in his accrued benefit on the member's normal retirement
date. Normal retirement under the system is retirement from employment with the
city on or after the normal retirement date.
(b) Normal retirement benefit. A member retiring hereunder on or after his normal
retirement date shall receive a monthly benefit which shall commence on the first
day of the month coincident with or next following his retirement and be
continued thereafter during member's lifetime, ceasing upon death, but with one
hundred twenty (120) monthly payments guaranteed in any event. For members
hired before January 1, 2013, the monthly retirement benefit shall equal three
(3)_percent of average final compensation for each year of credited service. For
members hired on or after January 1, 2013, the monthly retirement benefit shall
equal two (2) percent of average final compensation for each year of credited
service.
(c) Early retirement date. A member may retire on his early retirement date which
shall be the first day of any month coincident with or next following the attainment
of age fifty (50) and the completion of ten (10) years of credited service. Early
retirement under the system is retirement from employment with the city on or
after the early retirement date and prior to the normal retirement date.
(d) Early retirement benefit. A member retiring hereunder on his early retirement
date may receive either a deferred or an immediate monthly retirement benefit
payable in the same form as for normal retirement as follows:
(1) A deferred monthly retirement benefit which shall commence on what
would have been his normal retirement date, determined based upon his
actual years of credited service and shall be continued on the first day of
each month thereafter. The amount of each such deferred monthly
retirement benefit shall be determined in the same manner as for
retirement on his normal retirement date, determined based upon his
actual years of credited service, except that credited service and average
final compensation shall be determined as of his early retirement date; or
(2) An immediate monthly retirement benefit which shall commence on his
early retirement date and shall be continued on the first day of each
month thereafter. The benefit payable shall be as determined in
paragraph (1) above, reduced by three (3) percent for each year by which
the commencement of benefits precedes the date which would have been
the member's normal retirement date determined based upon his actual
years of credited service.
(e) Required distribution date. The member's benefit under this section must begin to
be distributed to the member no later than April 1 of the calendar year following
the later of the calendar year in which the member attains age seventy and
one-half (701/2) or the calendar year in which the member terminates employment
with the city.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-306. Pre -retirement death.
(a) Prior to eligibility for retirement. The beneficiary of a deceased member who was
not receiving monthly benefits or who was not yet vested as provided for in
section 2-308 or eligible for early or normal retirement shall receive a refund of
one -hundred (100) percent of the member's accumulated contributions.
(b) Deceased members vested or eligible for retirement. In the event a vested
member dies prior to retirement, a pre -retirement death benefit shall be paid as
follows:
(1) Deceased members with a designated beneficiary who is not a surviving
spouse or child. This subsection applies only when the member's spouse
and/or children is/are not the beneficiary or beneficiaries, in which case
subsection (2) below applies, but there is a surviving designated
beneficiary. The designated beneficiary shall be entitled to a benefit as
follows:
a. A pension benefit computed according to subsection 2-305(b)and
calculated as if the member had selected the one hundred (100)
percent joint and survivor option computed in accordance with
subsection 2-309(a)(2), and had retired the day preceding his
death, notwithstanding that the member may not have satisfied
the conditions for retirement.
b. A beneficiary may not elect an optional form of benefit, however
the board may elect to make a lump sum payment pursuant to
subsection 2-309(g).
c. If a surviving beneficiary commences receiving a benefit under
paragraph (1) above, but dies before all payments are made,
unless otherwise provided for herein, the actuarial value of the
remaining benefit will be paid to the surviving beneficiary's estate
by December 31 of the calendar year of the beneficiary's death in
a lump sum.
d. The Uniform Lifetime Table in Treasury Regulations §
1.401(a)(9)-9 shall determine the payment period for the calendar
year benefits commence, if necessary to satisfy the regulations.
(2) Deceased members with surviving spouse and/or children. This
subsection (2) applies only when the member's spouse and/or child(ren)
are the designated beneficiary or beneficiaries or the deceased member
failed to designate a beneficiary, and leaves a surviving spouse and/or
child(ren). Under these circumstances, the surviving spouse and/or
child(ren) shall be entitled to a benefit as follows:
a. If the deceased member was not vested in accordance with
section 2-308 at the time of his death, his surviving spouse or his
child or children (equally), if he leaves no surviving spouse, shall
receive a benefit equal to the benefit provided for in [subsection]
(a) above.
b. If the deceased member was vested in accordance with section
2-308 at the time of his death, his surviving spouse and/or
child(ren) shall receive a benefit as follows:
1. The surviving spouse shall be paid a pension equal to the
greater of the benefit provided for in [subsection] (a) above
or seventy-five (75) percent of the amount of the life only
pension option computed in accordance with subsection
2-309(a)(1), based on the deceased member's final
average compensation and credited service at the time of
death. A surviving spouse's pension shall terminate upon
death. The surviving spouse of any deceased member
(3)
shall not lose the survivor retirement benefits if the spouse
remarries.
2. The deceased member's unmarried children under the age
of nineteen (19) years, or twenty-three (23) years if
enrolled full-time as a student in an educational institution,
shall each be paid an equal share of a percentage of the
retiree's life only pension benefit computed in accordance
with subsection 2-309(a)(1), based on the deceased
member's final average compensation and credited service
at the time of death. The percent shall be zero (0) percent
during periods that a pension is being paid to the surviving
spouse in accordance with the provisions of paragraph 1.
and fifty (50) percent during periods a pension is not being
paid to the surviving spouse. A surviving child's pension
shall terminate upon attainment of age nineteen (19) years
or, if over nineteen (19) years but less than twenty-three
(23) years, when no longer being enrolled as a full-time
student in an educational institution, or upon marriage or
death, and the pension of each remaining eligible child
shall be recomputed.
c. Notwithstanding anything contained in this section to the contrary,
in any event, distributions to the spouse beneficiary will begin by
December 31 of the calendar year immediately following the
calendar year in which the member died, or by a date selected
pursuant to the above provisions in this section that must be on or
before December 31 of the calendar year in which the member
would have attained seventy and one-half (70'/2).
Failure to designate a beneficiary, no surviving beneficiary and no
surviving spouse or children. If a deceased vested member or retiree
failed to name a beneficiary in the manner prescribed in section 2-310, or
if the beneficiary (or beneficiaries) named by a deceased member or
retiree predeceases the member or retiree and the member or retiree
leaves no surviving spouse and/or child(ren), the death benefit which
shall be payable as a lump sum to the estate of member or retiree shall
be the actuarial equivalent of the member's accrued benefit as of the date
of death and the member's entire interest must be distributed to the estate
by December 31 of the calendar year containing the fifth anniversary of
the member's death.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-307. Disability.
(a) Disability benefits in-line of duty. Any member who shall become totally and
permanently disabled to the extent that he is unable, by reason of a medically
determinable physical or mental impairment, to render useful and efficient service
as a police officer, which disability was directly caused by the performance of his
duty as a police officer, shall, upon establishing the same to the satisfaction of
the board, be entitled to a monthly pension equal to three (3) percent of his
average final compensation multiplied by the total years of credited service for
members hired before January 1, 2013, and two (2) percent of his average final
compensation multiplied by the total years of credited service for members hired
on or after January 1, 2013, but in any event the minimum amount paid to the
member shall be forty-two (42) percent of the average final compensation of the
member. Terminated persons, either vested or non -vested, are not eligible for
disability benefits. Notwithstanding the previous sentence, if a member is
terminated by the city for medical reasons, the terminated person may apply for a
disability benefit if the application is filed with the board within thirty (30) days
from the date of termination. If a timely application is received, it shall be
processed and the terminated person shall be eligible to receive a disability
benefit if the board otherwise determines that he is totally and permanently
disabled as provided for above.
(b) In-line of duty presumptions.
(1) Presumption. Any condition or impairment of health of a member caused
by hypertension or heart disease shall be presumed to have been
suffered in line of duty unless the contrary is shown by competent
evidence, provided that such member shall have successfully passed a
physical examination upon entering into such service, including
cardiogram, which examination failed to reveal any evidence of such
condition; and provided further, that such presumption shall not apply to
benefits payable or granted in a policy of life insurance or disability
insurance.
(2) Additional presumption. The presumption provided for in this paragraph
(b)(2) shall apply only to those conditions described in this paragraph
(b)(2) that are diagnosed on or after January 1, 1996.
a. Definitions. As used in this subsection (b)(2), the following
definitions apply:
1. "Body fluids" means blood and body fluids containing
visible blood and other body fluids to which universal
precautions for prevention of occupational transmission of
blood-borne pathogens, as established by the Centers for
Disease Control, apply. For purposes of potential
transmission of meningococcal meningitis or tuberculosis,
the term "body fluids" includes respiratory, salivary, and
sinus fluids, including droplets, sputum, and saliva,
mucous, and other fluids through which infectious airborne
organisms can be transmitted between persons.
2. "Emergency rescue or public safety member" means any
member employed full time by the city as a firefighter,
paramedic, emergency medical technician, law
enforcement officer, or correctional officer who, in the
course of employment, runs a high risk of occupational
exposure to hepatitis, meningococcal meningitis, or
tuberculosis and who is not employed elsewhere in a
similar capacity. However, the term "emergency rescue or
public safety member" does not include any person
employed by a public hospital licensed under Chapter 395,
Florida Statutes, or any person employed by a subsidiary
thereof.
3. "Hepatitis" means hepatitis A, hepatitis B, hepatitis non-A,
hepatitis non-B, hepatitis C, or any other strain of hepatitis
generally recognized by the medical community.
4. "High risk of occupational exposure" means that risk that is
incurred because a person subject to the provisions of this
subsection, in performing the basic duties associated with
his employment:
Provides emergency medical treatment in a
non -health-care setting where there is a potential
for transfer of body fluids between persons;
ii. At the site of an accident, fire, or other rescue or
public safety operation, or in an emergency rescue
or public safety vehicle, handles body fluids in or
out of containers or works with or otherwise
handles needles or other sharp instruments
exposed to body fluids;
Engages in the pursuit, apprehension, and arrest of
law violators or suspected law violators and, in
performing such duties, may be exposed to body
fluids; or
iv. Is responsible for the custody, and physical
restraint when necessary, of prisoners or inmates
within a prison, jail, or other criminal detention
facility, while on work detail outside the facility, or
while being transported and, in performing such
duties, may be exposed to body fluids.
5. "Occupational exposure," in the case of hepatitis,
meningococcal meningitis, or tuberculosis, means an
exposure that occurs during the performance of job duties
that may place a worker at risk of infection.
b. Presumption. Any emergency rescue or public safety member
who suffers a condition or impairment of health that is caused by
hepatitis, meningococcal meningitis, or tuberculosis, that requires
medical treatment, and that results in total or partial disability or
death shall be presumed to have a disability suffered in the line of
duty, unless the contrary is shown by competent evidence;
however, in order to be entitled to the presumption, the member
must, by written affidavit as provided in F.S. § 92.50, verify by
written declaration that, to the best of his knowledge and belief:
1. In the case of a medical condition caused by or derived
from hepatitis, he has not:
Been exposed, through transfer of bodily fluids, to
any person known to have sickness or medical
conditions derived from hepatitis, outside the scope
of his employment;
ii. Had a transfusion of blood or blood components,
other than a transfusion arising out of an accident
or injury happening in connection with his present
employment, or received any blood products for the
treatment of a coagulation disorder since last
undergoing medical tests for hepatitis, which tests
failed to indicate the presence of hepatitis;
Engaged in unsafe sexual practices or other
high-risk behavior, as identified by the Centers for
Disease Control or the Surgeon General of the
United States or had sexual relations with a person
known to him to have engaged in such unsafe
sexual practices or other high-risk behavior; or
iv. Used intravenous drugs not prescribed by a
physician.
2. In the case of meningococcal meningitis, in the ten (10)
days immediately preceding diagnosis he was not
exposed, outside the scope of his employment, to any
person known to have meningococcal meningitis or known
to be an asymptomatic carrier of the disease.
3. In the case of tuberculosis, in the period of time since the
member's last negative tuberculosis skin test, he has not
been exposed, outside the scope of his employment, to
any person known by him to have tuberculosis.
c. Immunization. Whenever any standard, medically recognized
vaccine or other form of immunization or prophylaxis exists for the
prevention of a communicable disease for which a presumption is
granted under this section, if medically indicated in the given
circumstances pursuant to immunization policies established by
the advisory committee on immunization practices of the U.S.
Public Health Service, an emergency rescue or public safety
member may be required by the city to undergo the immunization
or prophylaxis unless the member's physician determines in
writing that the immunization or other prophylaxis would pose a
significant risk to the member's health. Absent such written
declaration, failure or refusal by an emergency rescue or public
safety member to undergo such immunization or prophylaxis
disqualifies the member from the benefits of the presumption.
d. Record of exposures. The city shall maintain a record of any
known or reasonably suspected exposure of an emergency
rescue or public safety member in its employ to the disease
described in this section and shall immediately notify the member
of such exposure. An emergency rescue or public safety member
shall file an incident or accident report with the city of each
instance of known or suspected occupational exposure to hepatitis
infection, meningococcal meningitis, or tuberculosis.
e. Required medical tests; preemployment physical. In order to be
entitled to the presumption provided by this section:
1. An emergency rescue or public safety member must, prior
to diagnosis, have undergone standard, medically
acceptable tests for evidence of the communicable disease
for which the presumption is sought, or evidence of
medical conditions derived therefrom, which tests fail to
indicate the presence of infection. This paragraph does not
apply in the case of meningococcal meningitis.
2. On or after June 15, 1995, an emergency rescue or public
safety member may be required to undergo a
preemployment physical examination that tests for and
fails to reveal any evidence of hepatitis or tuberculosis.
(c) Disability benefits not -in-line of duty. Any member with eight and one-third (81/3)
years or more credited service who shall become totally and permanently
disabled to the extent that he is unable, by reason of a medically determinable
physical or mental impairment, to render useful and efficient service as a police
officer, which disability is not directly caused by the performance of his duties as
a police officer shall, upon establishing the same to the satisfaction of the board,
be entitled to a monthly pension equal to three (3) percent of his average final
compensation multiplied by the total years of credited service for members hired
before January 1, 2013, and two (2) percent of his average final compensation
multiplied by the total years of credited service for members hired on or after
January 1, 2013, but in any event, the minimum amount paid to the member shall
be twenty-five (25) percent of the average final compensation of the member.
Terminated persons, either vested or non -vested, are not eligible for disability
benefits. Notwithstanding the previous sentence, if a member is terminated by
the city for medical reasons, the terminated person may apply for a disability
benefit if the application is filed with the board within thirty (30) days from the
date of termination. If a timely application is received, it shall be processed and
the terminated person shall be eligible to receive a disability benefit if the board
otherwise determines that he is totally and permanently disabled as provided for
above.
(d) Conditions disqualifying disability benefits. Each member who is claiming
disability benefits shall establish, to the satisfaction of the board, that such
disability was not occasioned primarily by:
(1) Excessive or habitual use of any drugs, intoxicants or narcotics.
(2) Injury or disease sustained while willfully and illegally participating in
fights, riots or civil insurrections or while committing a crime.
Injury or disease sustained while serving in any branch of the Armed
Forces.
(3)
(4) Injury or disease sustained by the member after his employment as a
police officer with the City of Atlantic Beach shall have terminated.
(5) Injury or disease sustained by the member while working for anyone other
than the city and arising out of such employment.
(e) Physical examination requirement. A member shall not become eligible for
disability benefits until and unless he undergoes a physical examination by a
qualified physician or physicians and/or surgeon or surgeons, who shall be
selected by the board for that purpose. The board shall not select the member's
treating physician or surgeon for this purpose except in an unusual case where
the board determines that it would be reasonable and prudent to do so.
Any retiree receiving disability benefits under provisions of this division may be required
by the board to submit sworn statements of his condition accompanied by a physician's
statement (provided at the retiree's expense) to the board annually and may be required by the
board to undergo additional periodic re-examinations by a qualified physician or physicians
and/or surgeon or surgeons who shall be selected by the board, to determine if such disability
has ceased to exist. If the board finds that the retiree is no longer permanently and totally
disabled to the extent that he is unable to render useful and efficient service as a police officer,
the board shall recommend to the city that the retiree be returned to performance of duty as a
police officer, and the retiree so returned shall enjoy the same rights that he had at the time he
was placed upon pension. In the event the retiree so ordered to return shall refuse to comply
with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his
pension.
The cost of the physical examination and/or re-examination of the member claiming or
the retiree receiving disability benefits shall be borne by the fund. All other reasonable costs as
determined by the board incident to the physical examination, such as, but not limited to,
transportation, meals and hotel accommodations, shall be borne by the fund.
If the retiree recovers from disability and reenters the service of the city as a police
officer, his service will be deemed to have been continuous, but the period beginning with the
first month for which he received a disability retirement income payment and ending with the
date he reentered the service of the city will not be considered as credited service for the
purposes of the system.
The board shall have the power and authority to make the final decisions regarding all
disability claims.
(f)
Disability payments. The monthly benefit to which a member is entitled in the
event of the member's disability retirement shall be payable on the first day of the
first month after the board determines such entitlement. However, the monthly
retirement income shall be payable retroactively to the date of application or the
last day on payroll, whichever is later, and any retroactive benefit amount shall
be paid together with the first payment. The last payment will be:
(1) If the retiree recovers from the disability, the payment paid preceding the
date of such recovery; or
(2) If the retiree dies without recovering from disability, the payment paid
preceding his death or the one -hundred -twentieth monthly payment,
whichever is later.
Provided, however, the disability retiree may select, at any time prior to the date on
which benefit payments begin, an optional form of benefit payment as described in section
2-309, subsection (a)(1) or (a)(2), which shall be the actuarial equivalent of the normal form of
benefit.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-14-39, § 1, 8-11-14)
Sec. 2-308. Vesting.
If a member terminates his employment as a police officer, either voluntarily or by
discharge, and is not eligible for any other benefits under this system, the member shall be
entitled to the following:
(1) For members hired before January 1, 2013, if the member has less than five (5)
years credited service upon termination, or for members hired on or after January
1, 2013, if the member has less than ten (10) years of credited service upon
termination, the member shall be entitled to a refund of his accumulated
contributions or the member may leave it deposited with the fund.
(2) For members hired before January 1, 2013, if the member has five (5) or more
years of credited service upon termination, or for members hired on or after
January 1, 2013, if the member has ten (10) or more years of credited service
upon termination, the member shall be entitled to a monthly retirement benefit,
determined in the same manner as for normal or early retirement and based
upon the member's credited service, average final compensation and the benefit
accrual rate as of the date of termination, payable to him commencing at the
member's otherwise normal or early retirement date, determined based upon his
actual years of credited service, provided he does not elect to withdraw his
accumulated contributions and provided the member survives to his otherwise
normal or early retirement date. If the member does not withdraw his
accumulated contributions and does not survive to his otherwise normal or early
retirement date, his designated beneficiary shall be entitled to a benefit as
provided herein for a deceased member, vested or eligible for retirement under
pre -retirement death. The member may, in lieu of the benefit provided for above
in this subsection (2), elect to receive a refund of his accumulated contributions.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-309. Optional forms of benefits.
(a) In lieu of the amount and form of retirement income payable in the event of
normal or early retirement as specified herein, a member, upon written request to
the board, may elect to receive a retirement income or benefit of equivalent
actuarial value payable in accordance with one (1) of the following options:
(1) A retirement income of a monthly amount payable to the retiree for his
lifetime only.
(2) A retirement income of a modified monthly amount, payable to the retiree
during the lifetime of the retiree and following the death of the retiree, one
hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds
(662/3) percent or fifty (50) percent of such monthly amount payable to a
joint pensioner for his lifetime.
Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as
a percentage of the payments to the retiree shall not exceed the applicable percentage provided
for in the applicable table in the Treasury regulations. (See Q&A -2 of 1.401(a)(9)-6)
(3)
A retirement income of a modified monthly amount, payable to the retiree
during the lifetime of the retiree and following the death of the retiree, one
hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds
(662/3) percent or fifty (50) percent of such monthly amount payable to a
joint pensioner for his lifetime. However, in the event the person
designated by the retiree predeceases the retiree, the monthly benefit
shall increase to the amount payable under the standard normal form of
payment for the remaining lifetime of the retiree. Except where the
retiree's joint pensioner is his spouse, the payments to the joint pensioner
as a percentage of the payments to the retiree shall not exceed the
applicable percentage provided for in the applicable table in the Treasury
regulations. (See Q&A -2 of 1.401(a)(9)-6)
(4) If a member retires prior to the time at which social security benefits are
payable, he may elect to receive an increased retirement benefit until
such time as social security benefits shall be assumed to commence and
a reduced benefit thereafter in order to provide, to as great an extent as
possible, a more level retirement allowance during the entire period of
retirement. The amounts payable shall be as recommended by the
actuaries for the system, based upon the social security law in effect at
the time of the member's retirement.
(5)
For members who do not participate in the DROP pursuant to section
2-310.18, the member may elect a percentage of benefit in a lump sum
as follows:
a. Ten (10) percent of the total actuarial equivalent value of the
benefit paid as a lump sum with the remaining ninety (90) percent
paid under the normal form or as per [subsections] (a)(1), (2), (3)
or (4) above.
b. Fifteen (15) percent of the total actuarial equivalent value of the
benefit paid as a lump sum with the remaining eighty-five (85)
percent paid under the normal form or as per [subsections] (a)(1),
(2), (3) or (4) above.
c. Twenty (20) percent of the total actuarial equivalent value of the
benefit paid as a lump sum with the remaining eighty (80) percent
paid under the normal form or as per [subsections] (a)(1), (2), (3)
or (4) above.
d. Twenty-five (25) percent of the total actuarial equivalent value of
the benefit paid as a lump sum with the remaining seventy-five
(75) percent paid under the normal form or as per [subsections]
(a)(1), (2), (3) or (4) above.
(b) The member, upon electing any option of this section, will designate the joint
pensioner (subsection (a)(2) or (a)(3) above) or beneficiary (or beneficiaries) to
receive the benefit, if any, payable under the system in the event of member's
death, and will have the power to change such designation from time to time.
Such designation will name a joint pensioner or one (1) or more primary
beneficiaries where applicable. A member may change his beneficiary at any
time. If a member has elected an option with a joint pensioner and member's
retirement income benefits have commenced, member may thereafter change
his designated beneficiary at any time, but may only change his joint pensioner
twice. Subject to the restriction in the previous sentence, a member may
substitute a new joint pensioner for a deceased joint pensioner. In the absence of
proof of good health of the joint pensioner being replaced, the actuary will
assume that the joint pensioner has deceased for purposes of calculating the
new payment.
(c) The consent of a member's or retiree's joint pensioner or beneficiary to any such
change shall not be required. The rights of all previously -designated beneficiaries
to receive benefits under the system shall thereupon cease.
(d) Upon change of a retiree's joint pensioner in accordance with this section, the
amount of the retirement income payable to the retiree shall be actuarially
redetermined to take into account the age of the former joint pensioner, the new
joint pensioner and the retiree and to ensure that the benefit paid is the actuarial
equivalent of the present value of the retiree's then -current benefit at the time of
the change. Any such retiree shall pay the actuarial recalculation expenses. Each
request for a change will be made in writing on a form prepared by the board and
on completion will be filed with the board. In the event that no designated
beneficiary survives the retiree, such benefits as are payable in the event of the
death of the retiree subsequent to his retirement shall be paid as provided in
section 2-310.
(e) Retirement income payments shall be made under the option elected in
accordance with the provisions of this section and shall be subject to the
following limitations:
(1) If a member dies prior to his normal retirement date or early retirement
date, whichever first occurs, no retirement benefit will be payable under
the option to any person, but the benefits, if any, will be determined under
section 2-306.
(2) If the designated beneficiary (or beneficiaries) or joint pensioner dies
before the member's retirement under the system, the option elected will
be canceled automatically and a retirement income of the normal form
and amount will be payable to the member upon his retirement as if the
election had not been made, unless a new election is made in
accordance with the provisions of this section or a new beneficiary is
designated by the member prior to his retirement.
If both the retiree and the beneficiary (or beneficiaries) designated by
member or retiree die before the full payment has been effected under
any option providing for payments for a period certain and life thereafter,
made pursuant to the provisions of subsection (a), the board may, in its
discretion, direct that the commuted value of the remaining payments be
paid in a lump sum and in accordance with section 2-310.
(4) If a member continues beyond his normal retirement date pursuant to the
provisions of section 2-305, subsection (a), and dies prior to his actual
retirement and while an option made pursuant to the provisions of this
section is in effect, monthly retirement income payments will be made, or
a retirement benefit will be paid, under the option to a beneficiary (or
beneficiaries) designated by the member in the amount or amounts
(3)
(f)
(g)
(5)
computed as if the member had retired under the option on the date on
which his death occurred.
The member's benefit under this section must begin to be distributed to
the member no later than April 1 of the calendar year following the later of
the calendar year in which the member attains age seventy and one-half
(701A) or the calendar year in which the member terminates employment
with the city.
A retiree may not change his retirement option after the date of cashing or
depositing his first retirement check.
Notwithstanding anything herein to the contrary, the board in its discretion, may
elect to make a lump sum payment to a member or a member's beneficiary in the
event that the total commuted value of the monthly income payments to be paid
do not exceed one thousand dollars ($1,000.00). Any such payment made to any
person pursuant to the power and discretion conferred upon the board by the
preceding sentence shall operate as a complete discharge of all obligations
under the system with regard to such member and shall not be subject to review
by anyone, but shall be final, binding and conclusive on all persons.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310. Beneficiaries.
(a) Each member or retiree may, on a form provided for that purpose, signed and
filed with the board, designate a beneficiary (or beneficiaries) to receive the
benefit, if any, which may be payable in the event of his death. Each designation
may be revoked or changed by such member or retiree by signing and filing with
the board a new designation -of -beneficiary form. Upon such change, the rights of
all previously designated beneficiaries to receive any benefits under the system
shall cease.
(b) If a deceased member or retiree failed to name a beneficiary in the manner
prescribed in subsection (a), or if the beneficiary (or beneficiaries) named by a
deceased member or retiree predeceases the member or retiree, the death
benefit, if any, which may be payable under the system with respect to such
deceased member or retiree, shall be paid to the estate of the member or retiree
and the board, in its discretion, may direct that the commuted value of the
remaining monthly income benefits be paid in a lump sum.
(c) Any payment made to any person pursuant to this section shall operate as a
complete discharge of all obligations under the system with regard to the
deceased member and any other persons with rights under the system and shall
not be subject to review by anyone but shall be final, binding and conclusive on
all persons ever interested hereunder.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.1. Claims procedures.
(a) The board shall establish administrative claims procedures to be utilized in
processing written requests ("claims"), on matters which affect the substantial
rights of any person ("claimant"), including members, retirees, beneficiaries, or
any person affected by a decision of the board.
(b) The board shall have the power to subpoena and require the attendance of
witnesses and the production of documents for discovery prior to and at any
proceedings provided for in the board's claims procedures. The claimant may
request in writing the issuance of subpoenas by the board. A reasonable fee may
be charged for the issuance of any subpoenas not to exceed the fees set forth in
Florida Statutes.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.2. Reports to division of retirement.
Each year and no later than March 15 the board shall file an annual report with the
division of retirement containing the documents and information required by F.S. § 185.221.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.3. Roster of retirees.
The secretary of the board shall keep a record of all persons enjoying a pension under
the provisions of this article in which it shall be noted the time when the pension is allowed and
when the same shall cease to be paid. Additionally, the secretary shall keep a record of all
members in such a manner as to show the name, address, date of employment and date of
termination of employment.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.4. Maximum pension.
(a) Basic limitation. Notwithstanding any other provisions of this system to the
contrary, the member contributions paid to, and retirement benefits paid from, the
system shall be limited to such extent as may be necessary to conform to the
requirements of IRC section 415 for a qualified retirement plan. Before January
1, 1995, a plan member may not receive an annual benefit that exceeds the
limits specified in IRC section 415(b), subject to the applicable adjustments in
that section. On and after January 1, 1995, a plan member may not receive an
annual benefit that exceeds the dollar amount specified in IRC section
415(b)(1)(A) one hundred sixty thousand dollars ($160,000.00), subject to the
applicable adjustments in IRC section 415(b) and subject to any additional limits
that may be specified in this system. For purposes of this section, "limitation
year" shall be the calendar year.
For purposes of code section 415(b), the "annual benefit" means a benefit payable
annually in the form of a straight life annuity (with no ancillary benefits) without regard to the
benefit attributable to after-tax employee contributions (except pursuant to code section 415(n)
and to rollover contributions (as defined in code section 415(b)(2)(A)). The "benefit attributable"
shall be determined in accordance with Treasury Regulations.
(b) Adjustments to basic limitation for form of benefit. If the benefit under the plan is
other than the annual benefit described in subsection (a), then the benefit shall
be adjusted so that it is the equivalent of the annual benefit, using factors
prescribed in Treasury Regulations. If the form of the benefit without regard to
any automatic benefit increase feature is not a straight life annuity or a qualified
joint and survivor annuity, then the preceding sentence is applied by either
reducing the code section 415(b) limit applicable at the annuity starting date or
adjusting the form of benefit to an actuarially equivalent amount (determined
using the assumptions specified in Treasury Regulation section
1.415(b)-1(c)(2)(ii)) that takes into account the additional benefits under the form
of benefit as follows:
(1) For a benefit paid in a form to which section 417(e)(3) of the code does
not apply (generally, a monthly benefit), the actuarially equivalent straight
life annuity benefit that is the greater of:
a. The annual amount of the straight life annuity (if any) payable to
the member under the plan commencing at the same annuity
starting date as the form of benefit to the member, or
b. The annual amount of the straight life annuity commencing at the
same annuity starting date that has the same actuarial present
value as the form of benefit payable to the member, computed
using a five -percent interest assumption (or the applicable
statutory interest assumption) and (i) for years prior to January 1,
2009, the applicable mortality tables described in Treasury
Regulation section 1.417(e) -1(d)(2) (Revenue Ruling 2001-62 or
any subsequent Revenue Ruling modifying the applicable
provisions of Revenue Rulings 2001-62), and (ii) for years after
December 31, 2008, the applicable mortality tables described in
section 417(e)(3)(B) of the code (Notice 2008-85 or any
subsequent Internal Revenue Service guidance implementing
section 417(e)(3)(B) of the code); or
(2) For a benefit paid in a form to which section 417(e)(3) of the code applies
(generally, a lump sum benefit), the actuarially equivalent straight life
annuity benefit that is the greatest of:
a. The annual amount of the straight life annuity commencing at the
annuity starting date that has the same actuarial present value as
the particular form of benefit payable, computed using the interest
rate and mortality table, or tabular factor, specified in the plan for
actuarial experience;
b. The annual amount of the straight life annuity commencing at the
annuity starting date that has the same actuarial present value as
the particular form of benefit payable, computed using a 5.5
percent interest assumption (or the applicable statutory interest
assumption) and (i) for years prior to January 1, 2009, the
applicable mortality tables for the distribution under Treasury
Regulation section 1.417(e) -1(d)(2) (the mortality table specified in
Revenue Ruling 2001-62 or any subsequent Revenue Ruling
modifying the applicable provisions of Revenue Ruling 2001-62),
and (ii) for years after December 31, 2008, the applicable mortality
tables described in section 417(e)(3)(B) of the code (Notice
(3)
2008-85 or any subsequent Internal Revenue Service guidance
implementing section 417(e)(3)(B) of the code); or
c. The annual amount of the straight life annuity commencing at the
annuity starting date that has the same actuarial present value as
the particular form of benefit payable (computed using the
applicable interest rate for the distribution under Treasury
Regulation section 1.417(e) -1(d)(3) (the 30 -year Treasury rate
(prior to January 1, 2007, using the rate in effect for the month
prior to retirement, and on and after January 1, 2007, using the
rate in effect for the first day of the plan year with a one-year
stabilization period)) and (i) for years prior to January 1, 2009, the
applicable mortality tables for the distribution under Treasury
Regulation section 1.417(e) -1(d)(2) (the mortality table specified in
Revenue Ruling 2001-62 or any subsequent Revenue Ruling
modifying the applicable provisions of Revenue Ruling 2001-62),
and (ii) for years after December 31, 2008, the applicable mortality
tables described in section 417(e)(3)(B) of the code (Notice
2008-85 or any subsequent Internal Revenue Service guidance
implementing section 417(e)(3)(B) of the code), divided by 1.05.
The actuary may adjust the [section] 415(b) limit at the annuity starting
date in accordance with subsections (1) and (2) above.
(c) Benefits not taken into account. For purposes of this section, the following
benefits shall not be taken into account in applying these limits:
(1) Any ancillary benefit which is not directly related to retirement income
benefits;
(2) Any other benefit not required under section 415(b)(2) of the IRC and
regulations thereunder to be taken into account for purposes of the
limitation of IRC section 415(b)(1); and
That portion of any joint and survivor annuity that constitutes a qualified
joint and survivor annuity.
(d) COLA effect. Effective on and after January 1, 2003, for purposes of applying the
limits under IRC section 415(b) (the "limit"), the following will apply:
(1) A member's applicable limit will be applied to the member's annual benefit
in the member's first limitation year of benefit payments without regard to
any automatic cost of living adjustments;
(2) Thereafter, in any subsequent limitation year, a member's annual benefit,
including any automatic cost of living increases, shall be tested under the
then applicable benefit limit including any adjustment to the IRC section
415(b)(1)(A) dollar limit under IRC section 415(d), and the regulations
thereunder; but
In no event shall a member's benefit payable under the system in any
limitation year be greater than the limit applicable at the annuity starting
date, as increased in subsequent years pursuant to IRC section 415(d)
and the regulations thereunder.
(3)
(3)
Unless otherwise specified in the system, for purposes of applying the limits under IRC
section 415(b), a member's applicable limit will be applied taking into consideration cost of living
increases as required by section 415(b) of the IRC and applicable Treasury regulations.
(e) Other adjustments in limitations.
(1) In the event the member's retirement benefits become payable before
age sixty-two (62), the limit prescribed by this section shall be reduced in
accordance with regulations issued by the Secretary of the Treasury
pursuant to the provisions of IRC section 415(b) of the IRC, so that such
limit (as so reduced) equals an annual straight life benefit (when such
retirement income benefit begins) which is equivalent to a one hundred
sixty thousand dollar ($160,000.00) annual benefit beginning at age
sixty-two (62).
(2) In the event the member's benefit is based on at least fifteen (15) years of
credited service as a full-time employee of the police department of the
city, the adjustments provided for in [subsection] (e)(1) above shall not
apply.
The reductions provided for in [subsection] (e)(1) above shall not be
applicable to disability benefits pursuant to section 2-307, or
pre -retirement death benefits paid pursuant to section 2-306.
(4) In the event the member's retirement benefit becomes payable after age
sixty-five (65), for purposes of determining whether this benefit meets the
limit set forth in subsection (a) herein, such benefit shall be adjusted so
that it is actuarially equivalent to the benefit beginning at age sixty-five
(65). This adjustment shall be made in accordance with regulations
promulgated by the Secretary of the Treasury or his delegate.
Less than ten (10) years of participation. The maximum retirement benefits
payable under this section to any member who has completed less than ten (10)
years of participation with the city shall be the amount determined under
subsection (a) of this section multiplied by a fraction, the numerator of which is
the number of the member's years of participation and the denominator of which
is ten (10). The reduction provided by this subsection cannot reduce the
maximum benefit below ten (10) percent of the limit determined without regard to
this subsection. The reduction provided for in this subsection shall not be
applicable to pre -retirement disability benefits paid pursuant to section 2-307, or
pre -retirement death benefits paid pursuant to section 2-306.
Participation in other defined benefit plans. The limit of this section with respect
to any member who at any time has been a member in any other defined benefit
plan as defined in IRC section 414(j) maintained by the city shall apply as if the
total benefits payable under all city defined benefit plans in which the member
has been a member were payable from one (1) plan.
(h) Ten thousand dollar ($10,000.00) limit; less than ten (10) years of service.
Notwithstanding anything in this section 2-310.4, the retirement benefit payable
with respect to a member shall be deemed not to exceed the limit set forth in this
subsection (h) of section 2-310.4 if the benefits payable, with respect to such
member under this system and under all other qualified defined benefit pension
plans to which the city contributes, do not exceed ten thousand dollars
(f)
(g)
(3)
(i)
($10,000.00) for the applicable limitation year and for any prior limitation year and
the city has not any time maintained a qualified defined contribution plan in which
the member participated; provided, however, that if the member has completed
less than ten (10) years of credited service with the city, the limit under this
subsection (h) of section 2-310.4 shall be a reduced limit equal to ten thousand
dollars ($10,000.00) multiplied by a fraction, the numerator of which is the
number of the member's years of credited service and the denominator of which
is ten (10).
Reduction of benefits. Reduction of benefits and/or contributions to all plans,
where required, shall be accomplished by first reducing the member's benefit
under any defined benefit plans in which member participated, such reduction to
be made first with respect to the plan in which member most recently accrued
benefits and thereafter in such priority as shall be determined by the board and
the plan administrator of such other plans, and next, by reducing or allocating
excess forfeitures for defined contribution plans in which the member
participated, such reduction to be made first with respect to the plan in which
member most recently accrued benefits and thereafter in such priority as shall be
established by the board and the plan administrator for such other plans
provided, however, that necessary reductions may be made in a different manner
and priority pursuant to the agreement of the board and the plan administrator of
all other plans covering such member.
(j) Service credit purchase limits.
(1) Effective for permissive service credit contributions made in limitation
years beginning after December 31, 1997, if a member makes one (1) or
more contributions to purchase permissive service credit under the
system, as allowed in sections 2-310.15 and 2-310.16, then the
requirements of this section will be treated as met only if:
a. The requirements of IRC section 415(b) are met, determined by
treating the accrued benefit derived from all such contributions as
an annual benefit for purposes of IRC section 415(b); or
b. The requirements of IRC section 415(c) are met, determined by
treating all such contributions as annual additions for purposes of
IRC section 415(c).
For purposes of applying subparagraph (j)(1)a., the system will not fail to meet the reduced limit
under IRC section 415(b)(2)(C) solely by reason of this subparagraph, and for purposes of
applying subparagraph (j)(1)b. the system will not fail to meet the percentage limitation under
section 415(c)(1)(B) of the IRC solely by reason of this subparagraph e.
(2) For purposes of this subsection the term "permissive service credit"
means service credit:
a. Recognized by the system for purposes of calculating a member's
benefit under the plan;
b. Which such member has not received under the plan; and
c. Which such member may receive only by making a voluntary
additional contribution, in an amount determined under the
system, which does not exceed the amount necessary to fund the
benefit attributable to such service credit.
Effective for permissive service credit contributions made in limitation years beginning after
December 31, 1997, such term may, if otherwise provided by the system, include service credit
for periods for which there is no performance of service, and, notwithstanding clause (j)(2)b.,
may include service credited in order to provide an increased benefit for service credit which a
member is receiving under the system.
(k) Contribution limits.
(1) For purposes of applying the code section 415(c) limits which are
incorporated by reference and for purposes of this subsection (k), only
and for no other purpose, the definition of compensation where applicable
will be compensation actually paid or made available during a limitation
year, except as noted below and as permitted by Treasury Regulations
section 1.415(c)-2, or successor regulations. Unless another definition of
compensation that is permitted by Treasury Regulations section
1.415(c)-2, or successor regulation, is specified by the system,
compensation will be defined as wages within the meaning of IRC Section
3401(a) and all other payments of compensation to an employee by an
employer for which the employer is required to furnish the employee a
written statement under IRC sections 6041(d), 6051(a)(3) and 6052 and
will be determined without regard to any rules under IRC section 3401(a)
that limit the remuneration included in wages based on the nature or
location of the employment or the services performed (such as the
exception for agricultural labor in IRC section 3401(a)(2).
a. However, for limitation years beginning after December 31, 1997,
compensation will also include amounts that would otherwise be
included in compensation but for an election under IRC sections
125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For limitation
years beginning after December 31, 2000, compensation will also
include any elective amounts that are not includible in the gross
income of the employee by reason of IRC section 132(f)(4).
b. For limitation years beginning on and after January 1, 2007,
compensation for the limitation year will also include
compensation paid by the later of two and one-half (21/2) months
after an employee's severance from employment or the end of the
limitation year that includes the date of the employee's severance
from employment if:
1. The payment is regular compensation for services during
the employee's regular working hours, or compensation for
services outside the employee's regular working hours
(such as overtime or shift differential), commissions,
bonuses or other similar payments, and, absent a
severance from employment, the payments would have
been paid to the employee while the employee continued
in employment with the employer; or
(1)
2. The payment is for unused accrued bona fide sick,
vacation or other leave that the employee would have
been able to use if employment had continued.
c. Back pay, within the meaning of Treasury Regulations section
1.415(c) -2(g)(8), shall be treated as compensation for the
limitation year to which the back pay relates to the extent the back
pay represents wages and compensation that would otherwise be
included under this definition.
(2) Notwithstanding any other provision of law to the contrary, the board may
modify a request by a member to make a contribution to the system if the
amount of the contribution would exceed the limits provided in IRC
section 415 by using the following methods:
a. If the law requires a lump sum payment for the purchase of
service credit, the board may establish a periodic payment
deduction plan for the member to avoid a contribution in excess of
the limits under IRC sections 415(c) or 415(n).
b. If payment pursuant to subparagraph (k)(2)a. will not avoid a
contribution in excess of the limits imposed by IRC section 415(c),
the board may either reduce the member's contribution to an
amount within the limits of that section or refuse the member's
contribution.
(3)
If the annual additions for any member for a limitation year exceed the
limitation under section 415(c) of the code, the excess annual addition will
be corrected as permitted under the Employee Plans Compliance
Resolution System (or similar IRS correction program).
(4) For limitation years beginning on or after January 1, 2009, a member's
compensation for purposes of this subsection (k) shall not exceed the
annual limit under section 401(a)(17) of the code.
Additional limitation on pension benefits. Notwithstanding anything herein to the
contrary:
(1) The normal retirement benefit or pension payable to a retiree who
becomes a member of the system and who has not previously
participated in such system, on or after January 1, 1980, shall not exceed
one hundred (100) percent of his average final compensation. However,
nothing contained in this section shall apply to supplemental retirement
benefits or to pension increases attributable to cost -of -living increases or
adjustments.
(2) No member of the system shall be allowed to receive a retirement benefit
or pension which is in part or in whole based upon any service with
respect to which the member is already receiving, or will receive in the
future, a retirement benefit or pension from a different employer's
retirement system or plan. This restriction does not apply to social
security benefits or federal benefits under Chapter 67, Title 10, U.S.
Code.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-14-39, § 2, 8-11-14)
Sec. 2-310.5. Minimum distribution of benefits.
(a) General rules.
(1) Effective date. Effective as of January 1, 1989, the plan will pay all
benefits in accordance with a good faith interpretation of the requirements
of IRC section 401(a)(9) and the regulations in effect under that section,
as applicable to a governmental plan within the meaning of IRC section
414(d). Effective on and after January 1, 2003, the plan is also subject to
the specific provisions contained in this section. The provisions of this
section will apply for purposes of determining required minimum
distributions for calendar years beginning with the 2003 calendar year.
Precedence. The requirements of this section will take precedence over
any inconsistent provisions of the plan.
TEFRA section 242(b)(2) elections. Notwithstanding the other provisions
of this section other than this subsection (a)(3), distributions may be
made under a designation made before January 1, 1984, in accordance
with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act
(TEFRA) and the provisions of the plan that related to section 242(b)(2) of
TEFRA.
(2)
(3)
(b) Time and manner of distribution.
(1) Required beginning date. The member's entire interest will be distributed,
or begin to be distributed, to the member no later than the member's
required beginning date which shall not be later than April 1 of the
calendar year following the later of the calendar year in which the
member attains age seventy and one-half (701/2) or the calendar year in
which the member terminates employment with the city.
(2) Death of member before distributions begin. If the member dies before
distributions begin, the member's entire interest will be distributed, or
begin to be distributed no later than as follows:
a. If the member's surviving spouse is the member's sole designated
beneficiary, then distributions to the surviving spouse will begin by
December 31 of the calendar year immediately following the
calendar year in which the member died, or by a date on or before
December 31 of the calendar year in which the member would
have attained age seventy and one-half (70%), if later, as the
surviving spouse elects.
b. If the member's surviving spouse is not the member's sole
designated beneficiary, then, distributions to the designated
beneficiary will begin by December 31 of the calendar year
immediately following the calendar year in which the member
died.
c. If there is no designated beneficiary as of September 30 of the
year following the year of the member's death, the member's
entire interest will be distributed by December 31 of the calendar
year containing the fifth anniversary of the member's death.
d. If the member's surviving spouse is the member's sole designated
beneficiary and the surviving spouse dies after the member but
before distributions to the surviving spouse begin, this subsection
(b)(2), other than subsection (b)(2)a., will apply as if the surviving
spouse were the member.
For purposes of this subsection (b)(2) and subsection (e), distributions are considered to begin
on the member's required beginning date or, if subsection (b)(2)d. applies, the date of
distributions are required to begin to the surviving spouse under subsection (b)(2)a. If annuity
payments irrevocably commence to the member before the member's required beginning date
(or to the member's surviving spouse before the date distributions are required to begin to the
surviving spouse under subsection (b)(2)a.) the date distributions are considered to begin is the
date distributions actually commence.
(3)
Death after distributions begin. If the member dies after the required
distribution of benefits has begun, the remaining portion of the member's
interest must be distributed at least as rapidly as under the method of
distribution before the member's death.
(4) Form of distribution. Unless the member's interest is distributed in the
form of an annuity purchased from an insurance company or in a single
sum on or before the required beginning date, as of the first distribution
calendar year distributions will be made in accordance with this section. If
the member's interest is distributed in the form of an annuity purchased
from an insurance company, distributions thereunder will be made in
accordance with the requirements of section 401(a)(9) of the IRC and
Treasury regulations. Any part of the member's interest which is in the
form of an individual account described in section 414(k) of the IRC will
be distributed in a manner satisfying the requirements of section
401(a)(9) of the IRC and Treasury regulations that apply to individual
accounts.
(c) Determination of amount to be distributed each year.
(1) General requirements. If the member's interest is paid in the form of
annuity distributions under the plan, payments under the annuity will
satisfy the following requirements:
a. The annuity distributions will be paid in periodic payments made at
intervals not longer than one (1) year.
b. The member's entire interest must be distributed pursuant to
sections 2-305, 2-306, 2-308, or 2-309 (as applicable) and in any
event over a period equal to or less than the member's life or the
lives of the member and a designated beneficiary, or over a period
not extending beyond the life expectancy of the member or of the
member and a designated beneficiary. The life expectancy of the
member, the member's spouse, or the member's beneficiary may
not be recalculated after the initial determination for purposes of
determining benefits.
(2) Amount required to be distributed by required beginning date. The
amount that must be distributed on or before the member's required
beginning date (or, if the member dies before distributions begin, the date
(3)
distributions are required to begin under section 2-306) is the payment
that is required for one (1) payment interval. The second payment need
not be made until the end of the next payment interval even if that
payment interval ends in the next calendar year. Payment intervals are
the periods for which payments are received, e.g., monthly. All of the
member's benefit accruals as of the last day of the first distribution
calendar year will be included in the calculation of the amount of the
annuity payments for payment intervals ending on or after the member's
required beginning date.
Additional accruals after first distribution calendar year. Any additional
benefits accruing to the member in a calendar year after the first
distribution calendar year will be distributed beginning with the first
payment interval ending in the calendar year immediately following the
calendar year in which such amount accrues.
(d) General distribution rules.
(1) The amount of an annuity paid to a member's beneficiary may not exceed
the maximum determined under the incidental death benefit requirement
of IRC section 401(a)(9)(G), and effective for any annuity commencing on
or after January 1, 2008, the minimum distribution incidental benefit rule
under Treasury Regulation section 1.401(a)(9)-6, Q&A -2.
(2) The death and disability benefits provided by the plan are limited by the
incidental benefit rule set forth in IRC section 401(a)(9)(G) and Treasury
Regulation section 1.401-1(b)(1)(I) or any successor regulation thereto.
As a result, the total death or disability benefits payable may not exceed
twenty-five (25) percent of the cost for all of the members' benefits
received from the retirement system.
(e) Definitions.
(1) Designated beneficiary. The individual who is designated as the
beneficiary under the plan and is the designated beneficiary under section
401(a)(9) of the IRC and section 1.401(a)(9)-1, Q&A -4, of the Treasury
regulations.
(2) Distribution calendar year. A calendar year for which a minimum
distribution is required. For distributions beginning before the member's
death, the first distribution calendar year is the calendar year immediately
preceding the calendar year which contains the member's required
beginning date. For distributions beginning after the member's death, the
first distribution calendar year is the calendar year in which distributions
are required to begin pursuant to section 2-306.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.6. Miscellaneous provisions.
(a) Interest of members in system. All assets of the fund are held in trust, and at no
time prior to the satisfaction of all liabilities under the system with respect to
retirees and members and their spouses or beneficiaries, shall any part of the
corpus or income of the fund be used for or diverted to any purpose other than
for their exclusive benefit.
(b) No reduction of accrued benefits. No amendment or ordinance shall be adopted
by the City Commission of the City of Atlantic Beach which shall have the effect
of reducing the then vested accrued benefits of members or a member's
beneficiaries.
(c) Qualification of system. It is intended that the system will constitute a qualified
public pension plan under the applicable provisions of the IRC for a qualified plan
under IRC section 401(a) and a governmental plan under IRC section 414(d), as
now in effect or hereafter amended. Any modification or amendment of the
system may be made retroactively, if necessary or appropriate, to qualify or
maintain the system as a plan meeting the requirements of the applicable
provisions of the IRC as now in effect or hereafter amended, or any other
applicable provisions of the U.S. federal tax laws, as now in effect or hereafter
amended or adopted, and the regulations issued thereunder.
(d) Use of forfeitures. Forfeitures arising from terminations of service of members
shall serve only to reduce future city contributions.
(e) Prohibited transactions. Effective as of January 1, 1989, a board may not engage
in a transaction prohibited by IRC section 503(b).
(f) USERRA. Effective December 12, 1994, notwithstanding any other provision of
this system, contributions, benefits and service credit with respect to qualified
military service are governed by IRC section 414(u) and the Uniformed Services
Employment and Reemployment Rights Act of 1994, as amended. To the extent
that the definition of "credited service" sets forth contribution requirements that
are more favorable to the member than the minimum compliance requirements,
the more favorable provisions shall apply.
(g) Vesting.
(1) Member will be one hundred (100) percent vested in all benefits upon
attainment of the plan's age and service requirements for the plan's
normal retirement benefit; and
(2) A member will be one hundred (100) percent vested in all accrued
benefits, to the extent funded, if the plan is terminated or experiences a
complete discontinuance of employer contributions.
(h) Electronic forms. In those circumstances where a written election or consent is
not required by the plan or the IRC, an oral, electronic, or telephonic form in lieu
of or in addition to a written form may be prescribed by the board. However,
where applicable, the board shall comply with Treasury Regulations section
1.401(a)-21.
Compliance with Chapter 185, Florida Statutes. It is intended that the system will
continue to qualify for funding under F.S. § 185.08. Accordingly, unless otherwise
required by law, any provision of the system which violates the requirements of
Chapter 185, Florida Statutes, as amended from time to time, shall be
superseded by and administered in accordance with the requirements of such
chapter.
(i)
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.7. Repeal or termination of system.
(a) This division establishing the system and fund, and subsequent ordinances
pertaining to said system and fund, may be modified, terminated, or amended, in
whole or in part; provided that if this or any subsequent ordinance shall be
amended or repealed in its application to any person benefitting hereunder, the
amount of benefits which at the time of any such alteration, amendment, or
repeal shall have accrued to the member or beneficiary shall not be affected
thereby.
(b) If this division shall be repealed, or if contributions to the system are discontinued
or if there is a transfer, merger or consolidation of government units, services or
functions as provided in Chapter 121, Florida Statutes, the board shall continue
to administer the system in accordance with the provisions of this article, for the
sole benefit of the then members, any beneficiaries then receiving retirement
allowances, and any future persons entitled to receive benefits under one (1) of
the options provided for in this article who are designated by any of said
members. In the event of repeal, discontinuance of contributions, or transfer,
merger or consolidation of government units, services or functions, there shall be
full vesting one hundred (100) percent of benefits accrued to date of repeal and
such benefits shall be nonforfeitable.
(c) The fund shall be distributed in accordance with the following procedures:
(1) The board shall determine the date of distribution and the asset value
required to fund all the nonforfeitable benefits after taking into account the
expenses of such distribution. The board shall inform the city if additional
assets are required, in which event the city shall continue to financially
support the plan until all nonforfeitable benefits have been funded.
(2) The board shall determine the method of distribution of the asset value,
whether distribution shall be by payment in cash, by the maintenance of
another or substituted trust fund, by the purchase of insured annuities, or
otherwise, for each police officer entitled to benefits under the plan as
specified in subsection (c)(3).
The board shall distribute the asset value as of the date of termination in
the manner set forth in this subsection, on the basis that the amount
required to provide any given retirement income is the actuarially
computed single -sum value of such retirement income, except that if the
method of distribution determined under subsection (c)(2) involves the
purchase of an insured annuity, the amount required to provide the given
retirement income is the single premium payable for such annuity. The
actuarial single -sum value may not be less than the police officer's
accumulated contributions to the plan, with interest if provided by the
plan, less the value of any plan benefits previously paid to the police
officer.
(3)
(4) If there is asset value remaining after the full distribution specified in
subsection (3), and after the payment of any expenses incurred with such
distribution, such excess shall be returned to the city, less return to the
(5)
state of the state's contributions, provided that, if the excess is less than
the total contributions made by the city and the state to date of
termination of the plan, such excess shall be divided proportionately to
the total contributions made by the city and the state.
The board shall distribute, in accordance with subsection (c)(2), the
amounts determined under subsection (c)(3).
If, after twenty-four (24) months after the date the plan terminated or the date the board
received written notice that the contributions there under were being permanently discontinued,
the city or the board of the fund affected has not complied with all the provisions in this section,
the Florida Department of Management Services will affect the termination of the fund in
accordance with this section.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.8. Domestic relations orders; retiree directed payments; exemption from
execution, non -assignability.
(a) Domestic relations orders.
(1) Prior to the entry of any domestic relations order which affects or purports
to affect the system's responsibility in connection with the payment of
benefits of a retiree, the member or retiree shall submit the proposed
order to the board for review to determine whether the system may legally
honor the order.
(2) If a domestic relations order is not submitted to the board for review prior
to entry of the order, and the system is ordered to take action that it may
not legally take, and the system expends administrative or legal fees in
resolving the matter, the member or retiree who submits such an order
will be required to reimburse the system for its expenses in connection
with the order.
(b) Retiree directed payments. The board may, upon written request by a retiree or
by a dependent, when authorized by a retiree or the retiree's beneficiary,
authorize the system to withhold from the monthly retirement payment those
funds that are necessary to pay for the benefits being received through the city,
to pay the certified bargaining agent of the city, to make payment to insurance
companies for insurance premiums as permitted by Chapter 185, Florida
Statutes, and to make any payments for child support or alimony.
(c) Exemption from execution, non -assignability. Except as otherwise provided by
law, the pensions, annuities, or any other benefits accrued or accruing to any
person under the provisions of this article and the accumulated contributions and
the cash securities in the fund created under this article are hereby exempted
from any state, county or municipal tax and shall not be subject to execution,
attachment, garnishment or any legal process whatsoever and shall be
unassignable.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.9. Pension validity.
The board shall have the power to examine into the facts upon which any pension shall
heretofore have been granted under any prior or existing law, or shall hereafter be granted or
obtained erroneously, fraudulently or illegally for any reason. The board is empowered to purge
the pension rolls or correct the pension amount of any person heretofore granted a pension
under prior or existing law or any person hereafter granted a pension under this article if the
same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person
who has heretofore under any prior or existing law been or who shall hereafter under this article
be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be
corrected and paid or repaid in a reasonable manner determined by the board.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.10. Forfeiture of pension.
(a) Any member who is convicted of the following offenses committed prior to
retirement, or whose employment is terminated by reason of his admitted
commission, aid or abetment of the following specified offenses, shall forfeit all
rights and benefits under this system, except for the return of his accumulated
contributions as of the date of termination. Specified offenses are as follows:
(1) The committing, aiding or abetting of an embezzlement of public funds;
(2) The committing, aiding or abetting of any theft by a public officer or
employee from employer;
(3) Bribery in connection with the employment of a public officer or employee;
(4) Any felony specified in Chapter 838, Florida Statutes;
(5) The committing of an impeachable offense;
(6) The committing of any felony by a public officer or employee who willfully
and with intent to defraud the public or the public agency, for which he
acts or in which he is employed, of the right to receive the faithful
performance of his duty as a public officer or employee, realizes or
obtains or attempts to obtain a profit, gain, or advantage for himself or for
some other person through the use or attempted use of the power, rights,
privileges, duties or position of his public office or employment position; or
The committing on or after October 1, 2008, of any felony defined in F.S.
§ 800.04, against a victim younger than sixteen (16) years of age, or any
felony defined in Chapter 794, Florida Statutes, against a victim younger
than eighteen (18) years of age, by a public officer or employee through
the use or attempted use of power, rights, privileges, duties, or position of
his or her public office or employment position.
(b) Conviction shall be defined as an adjudication of guilt by a court of competent
jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when
adjudication of guilt is withheld and the accused is placed on probation; or a
conviction by the senate of an impeachable offense.
(c) Court shall be defined as any state or federal court of competent jurisdiction
which is exercising its jurisdiction to consider a proceeding involving the alleged
commission of a specified offense. Prior to forfeiture, the board shall hold a
hearing on which notice shall be given to the member whose benefits are being
(7)
considered for forfeiture. Said member shall be afforded the right to have an
attorney present. No formal rules of evidence shall apply, but the member shall
be afforded a full opportunity to present his case against forfeiture.
(d) Any member who has received benefits from the system in excess of his
accumulated contributions after member's rights were forfeited shall be required
to pay back to the fund the amount of the benefits received in excess of his
accumulated contributions. The board may implement all legal action necessary
to recover such funds.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.11. Conviction and forfeiture; false, misleading or fraudulent statements.
(a) It is unlawful for a person to willfully and knowingly make, or cause to be made,
or to assist, conspire with, or urge another to make, or cause to be made, any
false, fraudulent, or misleading oral or written statement or withhold or conceal
material information to obtain any benefit from the system.
(b) A person who violates subsection (a) commits a misdemeanor of the first degree,
punishable as provided in F.S. § 775.082 or 775.083.
(c) In addition to any applicable criminal penalty, upon conviction for a violation
described in subsection (a), a member or beneficiary of the system may, in the
discretion of the board, be required to forfeit the right to receive any or all
benefits to which the person would otherwise be entitled under the system. For
purposes of this subsection, "conviction" means a determination of guilt that is
the result of a plea or trial, regardless of whether adjudication is withheld.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.12. Indemnification.
(a) To the extent not covered by insurance contracts in force from time to time, the
city shall indemnify, defend and hold harmless members of the board from all
personal liability for damages and costs, including court costs and attorneys'
fees, arising out of claims, suits, litigation, or threat of same, herein referred to as
"claims", against these individuals because of acts or circumstances connected
with or arising out of their official duty as members of the board. The city
reserves the right, in its sole discretion, to settle or not settle the claim at any
time, and to appeal or to not appeal from any adverse judgment or ruling, and in
either event will indemnify, defend and hold harmless any members of the board
from the judgment, execution, or levy thereon.
(b) This section shall not be construed so as to relieve any insurance company or
other entity liable to defend the claim or liable for payment of the judgment or
claim, from any liability, nor does this section waive any provision of law affording
the city immunity from any suit in whole or part, or waive any other substantive or
procedural rights the city may have.
(c) This section shall not apply nor shall the city be responsible in any manner to
defend or pay for claims arising out of acts or omissions of members of the board
which constitute felonies or gross malfeasance or gross misfeasance in office.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.13. Direct transfers of eligible rollover distributions.
(a) Rollover distributions.
(1) General. This section applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the system to the contrary that
would otherwise limit a distributee's election under this section, a
distributee may elect, at the time and in the manner prescribed by the
board, to have any portion of an eligible rollover distribution paid directly
to an eligible retirement plan specified by the distributee in a direct
rollover.
(2) Definitions.
a. Eligible rollover distribution: An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the
distributee, except that an eligible rollover distribution does not
include: any distribution that is one (1) of a series of substantially
equal periodic payments (not less frequently than annually) made
for the life (or life expectancy) of the distributee or the joint lives
(or joint life expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period of ten (10) years
or more; any distribution to the extent such distribution is required
under section 401(a)(9) of the IRC and the portion of any
distribution that is not includible in gross income. Effective January
1, 2002, any portion of any distribution which would be includible
in gross income as after-tax employee contributions will be an
eligible rollover distribution if the distribution is made to an
individual retirement account described in section 408(a); to an
individual retirement annuity described in section 408(b); to a
qualified defined contribution plan described in section 401(a) or
403(a) that agrees to separately account for amounts so
transferred (and earnings thereon), including separately
accounting for the portion of such distribution which is includible in
gross income and the portion of such distribution which is not so
includible; or on or after January 1, 2007, to a qualified defined
benefit plan described in IRC section 401(a) or to an annuity
contract described in IRC section 403(b), that agrees to separately
account for amounts so transferred (and earnings thereon),
including separately accounting for the portion of the distribution
that is includible in gross income and the portion of the distribution
that is not so includible.
b. Eligible retirement plan: An eligible retirement plan is an individual
retirement account described in section 408(a) of the IRC; an
individual retirement annuity described in section 408(b) of the
IRC; an annuity plan described in section 403(a) of the IRC;
effective January 1, 2002, an eligible deferred compensation plan
described in section 457(b) of the IRC which is maintained by an
eligible employer described in section 457(e)(1)(A) of the IRC and
which agrees to separately account for amounts transferred into
such plan from this plan; effective January 1, 2002, an annuity
contract described in section 403(b) of the IRC; a qualified trust
described in section 401(a) of the IRC; or effective January 1,
2008, a Roth IRA described in section 408A of the IRC, that
accepts the distributee's eligible rollover distribution. This
definition shall also apply in the case of an eligible rollover
distribution to the surviving spouse.
c. Distributee: A distributee includes an employee or former
employee. It also includes the employee's or former employee's
surviving spouse and the employee's or former employee's
spouse or former spouse. Effective January 1, 2007, it further
includes a nonspouse beneficiary who is a designated beneficiary
as defined by IRC section 401(a)(9)(E). However, a nonspouse
beneficiary may rollover the distribution only to an individual
retirement account or individual retirement annuity established for
the purpose of receiving the distribution and the account or
annuity will be treated as an "inherited" individual retirement
account or annuity.
d. Direct rollover: A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee.
(b) Rollovers or transfers into the fund. On or after January 1, 2002, the system will
accept, solely for the purpose of purchasing credited service as provided herein,
permissible member requested transfers of funds from other retirement or
pension plans, member rollover cash contributions and/or direct cash rollovers of
distributions made on or after January 1, 2002, as follows:
(1) Transfers and direct rollovers or member rollover contributions from other
plans. The system will accept either a direct rollover of an eligible rollover
distribution or a member contribution of an eligible rollover distribution
from a qualified plan described in section 401(a) or 403(a) of the IRC,
from an annuity contract described in section 403(b) of the IRC or from an
eligible plan under section 457(b) of the IRC which is maintained by a
state, political subdivision of a state, or any agency or instrumentality of a
state or political subdivision of a state. The system will also accept legally
permissible member requested transfers of funds from other retirement or
pension plans.
(2) Member rollover contributions from IRAs. The system will accept a
member rollover contribution of the portion of a distribution from an
individual retirement account or annuity described in section 408(a) or
408(b) of the IRC that is eligible to be rolled over.
(c) Elimination of mandatory distributions. Notwithstanding any other provision
herein to the contrary, in the event this plan provides for a mandatory
(involuntary) cash distribution from the plan not otherwise required by law, for an
amount in excess of one thousand dollars ($1,000.00), such distribution shall be
made from the plan only upon written request of the member and completion by
the member of a written election on forms designated by the board, to either
receive a cash lump sum or to rollover the lump sum amount.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.14. Family and Medical Leave Act.
The fractional parts of the twelve-month period ending each March 1 that a member is
on leave without pay from the city pursuant to the Family and Medical Leave Act (FMLA) shall
be added to his credited service provided that:
(1) The member contributes to the fund the sum that he would have contributed,
based on his salary and the member contribution rate in effect at the time that the
credited service is requested, had he been a member of the system for the years
or fractional parts of years for which he is requesting credit plus amounts
actuarially determined such that the crediting of service does not result in any
cost to the fund plus payment of costs for all professional services rendered to
the board in connection with the purchase of years of credited service.
(2) The request for credited service for FMLA leave time for the twelve-month period
prior to each March 1 and payment of professional fees shall be made on or
before March 31.
(3)
Payment by the member of the required amount shall be made on or before April
30 for the preceding twelve-month period ending March 1 and shall be made in
one (1) lump sum payment upon receipt of which credited service shall be
issued.
(4) Credited service purchased pursuant to this section shall not count toward
vesting.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.15. Military service prior to employment.
The years or fractional parts of years that a police officer serves or has served on active
duty in the military service of the Armed Forces of the United States, the United States
Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or
under honorable conditions, prior to first and initial employment with the city police department
shall be added to his years of credited service provided that:
(1) The member contributes to the fund the sum that he would have contributed,
based on his salary and the member contribution rate in effect at the time that the
credited service is requested, had he been a member of the system for the years
or fractional parts of years for which he is requesting credit plus amounts
actuarially determined such that the crediting of service does not result in any
cost to the fund plus payment of costs for all professional services rendered to
the board in connection with the purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this section may be
made at any time prior to retirement.
Payment by the member of the required amount shall be made within six (6)
months of his request for credit, but not later than the retirement date, and shall
be made in one (1) lump sum payment upon receipt of which credited service
shall be given, or the member may elect to make payment for the requested
credited service over a period of time as provided for in paragraph (6) below.
(3)
(4) The maximum credit under this section shall be five (5) years.
(5) Credited service purchased pursuant to this section shall count for all purposes,
except vesting and eligibility for not -in-line of duty disability benefits.
(6) In lieu of the lump sum payment provided for in paragraph (3) above, a member
may elect to make payments over a period of time in order to fully pay the
amount provided for in paragraph (1). The member shall be required to notify the
board, in writing, of his election to make payments in the manner provided for in
this paragraph. The payment plan provided for in this paragraph shall be subject
to the following terms:
a. The principal amount to be paid shall be determined as set forth in
paragraph (1) above.
b. The original principal amount shall be amortized over the period
beginning with the first payment and ending at the end of a period equal
to the number of years being purchased and shall be reamortized
annually if necessary to reflect changes in the interest rate provided for in
subparagraph (6)c. below.
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return on plan investments.
d. Payments shall be made by payroll deduction from each paycheck on an
after-tax basis.
e. In the event that a member dies, retires (including entry into the deferred
retirement option plan (DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to
receive all credited service requested, the member shall receive so much
of the credited service requested, determined using procedures
established by the actuary, which could be purchased with the amount of
principal paid by the member to the date of his death or termination of
employment.
f. In the event that the member's employment is terminated for any reason
and he is not entitled to any benefit from the plan other than the return of
the amounts he has had deducted from his paycheck as his normal
contribution to the plan, the amounts which the member has paid
pursuant to this subsection to purchase additional credited service, shall
be returned to him including all interest.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.16. Prior police service.
Unless otherwise prohibited by law, and except as provided for in section 2-300, the
years or fractional parts of years that a member previously served as a full-time police officer
with the city during a period of previous employment and for which period accumulated
contributions were withdrawn from the fund, or the years and fractional parts of years that a
member served as a full-time police officer for any other municipal, county or state law
enforcement department in the State of Florida shall be added to his years of credited service
provided that:
(1) The member contributes to the fund the sum that he would have contributed,
based on his salary and the member contribution rate in effect at the time that the
credited service is requested, had he been a member of the system for the years
or fractional parts of years for which he is requesting credit plus amounts
actuarially determined such that the crediting of service does not result in any
cost to the fund plus payment of costs for all professional services rendered to
the board in connection with the purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this section may be
made at any time prior to retirement.
Payment by the police officer of the required amount shall be made within six (6)
months of his request for credit, but not later than the retirement date, and shall
be made in one (1) lump sum payment upon receipt of which credited service
shall be given, or the member may elect to make payment for the requested
credited service over a period of time as provided for in paragraph (7) below.
(4) The maximum credit under this section for service other than with the city of shall
be five (5) years of credited service and shall count for all purposes, except
vesting and eligibility for not-in-line of duty disability benefits. There shall be no
maximum purchase of credit for prior service with the City of Atlantic Beach and
such credit shall count for all purposes, including vesting.
In no event, however, may credited service be purchased pursuant to this section
for prior service with any other municipal, county or state law enforcement
department, if such prior service forms or will form the basis of a retirement
benefit or pension from a different employer's retirement system or plan as set
forth in subsection 2-310.4(k)(2).
(6) For purposes of determining credit for prior service as a police officer as provided
for in this section, in addition to service as a police officer in this state, credit may
be purchased by the member in the same manner as provided above for federal,
other state, county or municipal service if the prior service is recognized by the
criminal justice standards and training commission within the department of law
enforcement, as provided under Chapter 943, Florida Statutes, or the police
officer provides proof to the board that such service is equivalent to the service
required to meet the definition of a police officer under section 2-300, definitions.
In lieu of the lump sum payment provided for in paragraph (3) above, a member
may elect to make payments over a period of time in order to fully pay the
amount provided for in paragraph (1). The member shall be required to notify the
board, in writing, of his election to make payments in the manner provided for in
this paragraph. The payment plan provided for in this paragraph shall be subject
to the following terms:
a. The principal amount to be paid shall be determined as set forth in
paragraph (1) above.
b. The original principal amount shall be amortized over the period
beginning with the first payment and ending at the end of a period equal
to the number of years being purchased and shall be reamortized
annually if necessary to reflect changes in the interest rate provided for in
subparagraph (7)c. below.
(3)
(5)
(7)
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return on plan investments.
d. Payments shall be made by payroll deduction from each paycheck on an
after-tax basis.
e. In the event that a member dies, retires (including entry into the deferred
retirement option plan (DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to
receive all credited service requested, the member shall receive so much
of the credited service requested, determined using procedures
established by the actuary, which could be purchased with the amount of
principal paid by the member to the date of his death or termination of
employment.
f. In the event that the member's employment is terminated for any reason
and he is not entitled to any benefit from the plan other than the return of
the amounts he has had deducted from his paycheck as his normal
contribution to the plan, the amounts which the member has paid
pursuant to this subsection to purchase additional credited service, shall
be returned to him, including all interest paid.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.17. Reemployment after retirement.
(a) [Generally.] Any retiree who is retired under this system, except for disability
retirement as previously provided for, may be reemployed by any public or
private employer, except the city, and may receive compensation from that
employment without limiting or restricting in any way the retirement benefits
payable under this system. Reemployment by the city shall be subject to the
limitations set forth in this section.
(b) After normal retirement. Any retiree who is retired under normal retirement
pursuant to this system and who is reemployed as a police officer after that
retirement and, by virtue of that reemployment, is eligible to participate in this
system, shall upon being reemployed, discontinue receipt of benefits. Upon
reemployment, the retiree shall be deemed to be fully vested and the additional
credited service accrued during the subsequent employment period shall be used
in computing a second benefit amount attributable to the subsequent
employment period, which benefit amount shall be added to the benefit
determined upon the initial retirement to determine the total benefit payable upon
final retirement. Calculations of benefits upon retirement shall be based upon the
benefit accrual rate, average final compensation, and credited service as of that
date and the retirement benefit amount for any subsequent employment period
shall be based upon the benefit accrual rate, average final compensation (based
only on the subsequent employment period), and credited service as of the date
of subsequent retirement The amount of any death or disability benefit received
as a result of a subsequent period of employment shall be reduced by the
amount of accrued benefit eligible to be paid for a prior period of employment.
The optional form of benefit and any joint pensioner selected upon initial
retirement shall not be subject to change upon subsequent retirement except as
otherwise provided herein, but the member may select a different optional form
and joint pensioner applicable to the subsequent retirement benefit.
(c) [Receipt of benefits.] Any retiree who is retired under normal retirement pursuant
to this system and who is reemployed by the city after that retirement and, by
virtue of that reemployment is ineligible to participate in this system, shall, during
the period of such reemployment, continue receipt of benefits during any
subsequent employment period.
(d) After early retirement. Any retiree who is retired under early retirement pursuant
to this system and who subsequently becomes an employee of the city in any
capacity shall discontinue receipt of benefits from the system. If by virtue of that
reemployment, the retiree is eligible to participate in this system, the retiree shall
be deemed to be fully vested and the additional credited service accrued during
the subsequent employment period shall be used in computing a second benefit
amount attributable to the subsequent employment period, which benefit amount
shall be added to the benefit determined upon the initial retirement to determine
the total benefit payable upon final retirement. Calculations of benefits upon
retirement shall be based upon the benefit accrual rate, average final
compensation, credited service and early retirement reduction factor as of that
date and the retirement benefit amount for any subsequent employment period
shall be based upon the benefit accrual rate, average final compensation (based
only on the subsequent employment period), and credited service as of the date
of subsequent retirement The amount of any death or disability benefit received
as a result of a subsequent period of employment shall be reduced by the
amount of accrued benefit eligible to be paid for a prior period of employment.
The optional form of benefit and any joint pensioner selected upon initial
retirement shall not be subject to change upon subsequent retirement except as
otherwise provided herein, but the member may select a different optional form
and joint pensioner applicable to the subsequent retirement benefit. Retirement
pursuant to an early retirement incentive program shall be deemed early
retirement for purposes of this section if the member was permitted to retire prior
to the customary retirement date provided for in the system at the time of
retirement.
(e) Reemployment of terminated vested persons. Reemployed terminated vested
persons shall not be subject to the provisions of this section until such time as
they begin to actually receive benefits. Upon receipt of benefits, terminated
vested persons shall be treated as normal or early retirees for purposes of
applying the provisions of this section and their status as an early or normal
retiree shall be determined by the date they elect to begin to receive their benefit.
DROP participants. Members or retirees who are or were in the deferred
retirement option plan shall, following termination of employment after DROP
participation, have the options provided for in this section for reemployment.
(Ord. No. 58-13-36, § 1, 6-10-13)
(f)
Sec. 2-310.18. Deferred retirement option plan.
(a) Definitions. As used in this section 2-310.18, the following definitions apply:
(1) DROP. The City of Atlantic Beach Police Officers' Retirement System
Deferred Retirement Option Plan.
(2) DROP account. The account established for each DROP participant
under subsection (c).
(b) Participation.
(1) Eligibility to participate. In lieu of terminating his employment as a police
officer, any member who is eligible for normal or early retirement under
the system may elect to defer receipt of such service retirement pension
and to participate in the DROP.
(2) Election to participate. A member's election to participate in the DROP
must be made in writing in a time and manner determined by the board
and shall be effective on the first day of the first calendar month which is
at least fifteen (15) business days after it is received by the board.
Period of participation. A member who elects to participate in the DROP
under subsection (b)(2), shall participate in the DROP for a period not to
exceed sixty (60) months beginning at the time his election to participate
in the DROP first becomes effective. An election to participate in the
DROP shall constitute an irrevocable election to resign from the service of
the city not later than the date provided for in the previous sentence. A
member may participate only once.
(4) Termination of participation.
a. A member's participation in the DROP shall cease at the earlier of:
1. The end of his permissible period of participation in the
DROP as determined under subsection (b)(3); or
2. Termination of his employment as a police officer.
b. Upon the member's termination of participation in the DROP,
pursuant to subsection (4)a.1. above, all amounts provided for in
subsection (c)(2), including monthly benefits and investment
earnings and losses, shall cease to be transferred from the
system to his DROP account. Any amounts remaining in his
DROP account shall be paid to him in accordance with the
provisions of subsection (d) when he terminates employment as a
police officer.
c. A member who terminates his participation in the DROP under
this subsection (b)(4) shall not be permitted to again become a
participant in the DROP.
(5)
(3)
Effect of DROP participation on the system.
a. A member's credited service and his accrued benefit under the system
shall be determined on the date his election to participate in the DROP
first becomes effective. For purposes of determining the accrued benefit,
the member's salary for the purposes of calculating his average final
compensation shall include an amount equal to any lump sum payments
which would have been paid to the member and included as salary as
defined herein, had the member retired under normal retirement and not
elected DROP participation. Member contributions attributable to any
lump sums used in the benefit calculation and not actually received by the
member shall be deducted from the first payments to the member's
DROP account. The member shall not accrue any additional credited
service or any additional benefits under the system (except for any
additional benefits provided under any cost -of -living adjustment for
retirees in the system) while he is a participant in the DROP. After a
member commences participation, he shall not be permitted to again
contribute to the system nor shall he be eligible for disability or
pre -retirement death benefits, except as provided for in section 2-310.17,
reemployment after retirement.
b. No amounts shall be paid to a member from the system while the
member is a participant in the DROP. Unless otherwise specified in the
system, if a member's participation in the DROP is terminated other than
by terminating his employment as a police officer, no amounts shall be
paid to him from the system until he terminates his employment as a
police officer. Unless otherwise specified in the system, amounts
transferred from the system to the member's DROP account shall be paid
directly to the member only on the termination of his employment as a
police officer.
(c) Funding.
(1) Establishment of DROP account. A DROP account shall be established
for each member participating in the DROP. A member's DROP account
shall consist of amounts transferred to the DROP under subsection (c)(2),
and earnings or losses on those amounts.
(2) Transfers from retirement system.
a. As of the first day of each month of a member's period of
participation in the DROP, the monthly retirement benefit he would
have received under the system had he terminated his
employment as a police officer and elected to receive monthly
benefit payments thereunder shall be transferred to his DROP
account, except as otherwise provided for in subsection (b)(4)b. A
member's period of participation in the DROP shall be determined
in accordance with the provisions of subsections (b)(3) and (b)(4),
but in no event shall it continue past the date he terminates his
employment as a police officer.
b. Except as otherwise provided in subsection (b)(4)b., a member's
DROP account under this subsection (c)(2) shall be debited or
credited after each fiscal year quarter with earnings, determined
as follows:
The average daily balance in a member's DROP account shall be credited or debited at a rate
equal to the net investment return realized by the system for that quarter. "Net investment
return" for the purpose of this paragraph is the total return of the assets in which the member's
DROP account is invested by the board net of brokerage commissions, transaction costs and
management fees.
c. A member's DROP account shall only be credited or debited with
earnings or losses and monthly benefits while the member is a
participant in the DROP. A member's final DROP account value
for distribution to the member upon termination of participation in
the DROP shall be the value of the account at the end of the
quarter immediately preceding termination of participation plus
any monthly periodic additions made to the DROP account
subsequent to the end of the previous quarter and prior to
distribution. If a member fails to terminate employment after
participating in the DROP for the permissible period of DROP
participation, then beginning with the member's first month of
employment following the last month of the permissible period of
DROP participation, the member's DROP account will no longer
be credited or debited with earnings or losses, nor will monthly
benefits be transferred to the DROP account. All such
non -transferred amounts shall be forfeited and continue to be
forfeited while the member is employed by the police department,
and no cost -of -living adjustments shall be applied to the member's
credit during such period of continued employment. A member
employed by the police department after the permissible period of
DROP participation will still not be eligible for pre -retirement death
and disability benefits, and will not accrue additional credited
service except as provided for in section 2-310.17, reemployment
after retirement.
(d) Distribution of DROP accounts on termination of employment.
(1) Eligibility for benefits. A member shall receive the balance in his DROP
account in accordance with the provisions of this subsection (d) upon his
termination of employment as a police officer. Except as provided in
subsection (d)(5), no amounts shall be paid to a member from the DROP
prior to his termination of employment as a police officer.
(2) Form of distribution.
a. Unless the member elects otherwise, distribution of his DROP
account shall be made in a lump sum, subject to the direct rollover
provisions set forth in subsection (d)(6). Elections under this
paragraph shall be in writing and shall be made in such time or
manner as the board shall determine.
(3)
b. Notwithstanding the preceding, if a member dies before his benefit
is paid, his DROP account shall be paid to his beneficiary in such
optional form as his beneficiary may select. If no beneficiary
designation is made, the DROP account shall be distributed to the
member's estate.
Date of payment of distribution. Except as otherwise provided in this
subsection (d), distribution of a member's DROP account shall be made
as soon as administratively practicable following the member's
termination of employment. Distribution of the amount in a member's
DROP account will not be made unless the member completes a written
request for distribution and a written election, on forms designated by the
board, to either receive a cash lump sum or a rollover of the lump sum
amount.
(4) Proof of death and right of beneficiary or other person. The board may
require and rely upon such proof of death and such evidence of the right
of any beneficiary or other person to receive the value of a deceased
member's DROP account as the board may deem proper and its
determination of the right of that beneficiary or other person to receive
payment shall be conclusive.
(5) Distribution limitation. Notwithstanding any other provision of subsection
(d), all distributions from the DROP shall conform to the "minimum
distribution of benefits" provisions as provided for herein.
(6) Direct rollover of certain distributions. This subsection applies to
distributions made on or after January 1, 2002. Notwithstanding any
provision of the DROP to the contrary, a distributee may elect to have any
portion of an eligible rollover distribution paid in a direct rollover as
otherwise provided under the system in section 2-310.13.
(e) Administration of DROP.
(1) Board administers the DROP. The general administration of the DROP,
the responsibility for carrying out the provisions of the DROP and the
responsibility of overseeing the investment of the DROP's assets shall be
placed in the board. The members of the board may appoint from their
number such subcommittees with such powers as they shall determine;
may adopt such administrative procedures and regulations as they deem
desirable for the conduct of their affairs; may authorize one (1) or more of
their number or any agent to execute or deliver any instrument or make
any payment on their behalf; may retain counsel, employ agents and
provide for such clerical, accounting, actuarial and consulting services as
they may require in carrying out the provisions of the DROP; and may
allocate among themselves or delegate to other persons all or such
portion of their duties under the DROP, other than those granted to them
as trustee under any trust agreement adopted for use in implementing the
DROP, as they, in their sole discretion, shall decide. A trustee shall not
vote on any question relating exclusively to himself.
(2) Individual accounts, records and reports. The board shall maintain
records showing the operation and condition of the DROP, including
records showing the individual balances in each member's DROP
account, and the board shall keep in convenient form such data as may
be necessary for the valuation of the assets and liabilities of the DROP.
The board shall prepare and distribute to members participating in the
DROP and other individuals or file with the appropriate governmental
agencies, as the case may be, all necessary descriptions, reports,
information returns, and data required to be distributed or filed for the
DROP pursuant to the IRC and any other applicable laws.
Establishment of rules. Subject to the limitations of the DROP, the board
from time to time shall establish rules for the administration of the DROP
and the transaction of its business. The board shall have discretionary
authority to construe and interpret the DROP (including, but not limited to,
(3)
determination of an individual's eligibility for DROP participation, the right
and amount of any benefit payable under the DROP and the date on
which any individual ceases to be a participant in the DROP). The
determination of the board as to the interpretation of the DROP or its
determination of any disputed questions shall be conclusive and final to
the extent permitted by applicable law.
(4) Limitation of liability.
a. The trustees shall not incur any liability individually or on behalf of
any other individuals for any act or failure to act, made in good
faith in relation to the DROP or the funds of the DROP.
b. Neither the board nor any trustee of the board shall be responsible
for any reports furnished by any expert retained or employed by
the board, but they shall be entitled to rely thereon as well as on
certificates furnished by an accountant or an actuary, and on all
opinions of counsel. The board shall be fully protected with
respect to any action taken or suffered by it in good faith in
reliance upon such expert, accountant, actuary or counsel, and all
actions taken or suffered in such reliance shall be conclusive upon
any person with any interest in the DROP.
(f) General provisions.
(1) Amendment of DROP. The DROP may be amended by an ordinance of
the city at any time and from time to time, and retroactively if deemed
necessary or appropriate, to amend in whole or in part any or all of the
provisions of the DROP. However, except as otherwise provided by law,
no amendment shall make it possible for any part of the DROP's funds to
be used for, or diverted to, purposes other than for the exclusive benefit
of persons entitled to benefits under the DROP. No amendment shall be
made which has the effect of decreasing the balance of the DROP
account of any member.
(2) Facility of payment. If a member or other person entitled to a benefit
under the DROP is unable to care for his affairs because of illness or
accident or is a minor, the board shall direct that any benefit due him shall
be made only to a duly appointed legal representative. Any payment so
made shall be a complete discharge of the liabilities of the DROP for that
benefit.
(3)
Information. Each member, beneficiary or other person entitled to a
benefit, before any benefit shall be payable to him or on his account
under the DROP, shall file with the board the information that it shall
require to establish his rights and benefits under the DROP.
(4) Prevention of escheat. If the board cannot ascertain the whereabouts of
any person to whom a payment is due under the DROP, the board may,
no earlier than three (3) years from the date such payment is due, mail a
notice of such due and owing payment to the last known address of such
person, as shown on the records of the board or the city. If such person
has not made written claim therefor within three (3) months of the date of
the mailing, the board may, if it so elects and upon receiving advice from
(5)
counsel to the system, direct that such payment and all remaining
payments otherwise due such person be canceled on the records of the
system. Upon such cancellation, the system shall have no further liability
therefor except that, in the event such person or his beneficiary later
notifies the board of his whereabouts and requests the payment or
payments due to him under the DROP, the amount so applied shall be
paid to him in accordance with the provisions of the DROP.
Written elections, notification.
a. Any elections, notifications or designations made by a member
pursuant to the provisions of the DROP shall be made in writing
and filed with the board in a time and manner determined by the
board under rules uniformly applicable to all employees similarly
situated. The board reserves the right to change from time to time
the manner for making notifications, elections or designations by
members under the DROP if it determines after due deliberation
that such action is justified in that it improves the administration of
the DROP. In the event of a conflict between the provisions for
making an election, notification or designation set forth in the
DROP and such new administrative procedures, those new
administrative procedures shall prevail.
b. Each member or retiree who has a DROP account shall be
responsible for furnishing the board with his current address and
any subsequent changes in his address. Any notice required to be
given to a member or retiree hereunder shall be deemed given if
directed to him at the last such address given to the board and
mailed by registered or certified United States mail. If any check
mailed by registered or certified United States mail to such
address is returned, mailing of checks will be suspended until
such time as the member or retiree notifies the board of his
address.
(6) Benefits not guaranteed. All benefits payable to a member from the drop
shall be paid only from the assets of the member's DROP account and
neither the city nor the board shall have any duty or liability to furnish the
DROP with any funds, securities or other assets except to the extent
required by any applicable law.
(7) Construction.
a.
b.
The DROP shall be construed, regulated and administered under
the laws of Florida, except where other applicable law controls.
The titles and headings of the subsections in this section 2-310.18
are for convenience only. In the case of ambiguity or
inconsistency, the text rather than the titles or headings shall
control.
(8) Forfeiture of retirement benefits. Nothing in this section shall be construed
to remove drop participants from the application of any forfeiture
provisions applicable to the system. DROP participants shall be subject to
forfeiture of all retirement benefits, including DROP benefits.
(9)
Effect of DROP participation on employment. Participation in the DROP is
not a guarantee of employment and DROP participants shall be subject to
the same employment standards and policies that are applicable to
employees who are not DROP participants.
(Ord. No. 58-13-36, § 1, 6-10-13)
Sec. 2-310.19. Reserved.
DIVISION 5. DEFINED CONTRIBUTION PLAN Xv[14]
Sec. 2-310.20. Eligibility and membership requirements.
Sec. 2-310.21. Plan year.
Sec. 2-310.22. Normal retirement age.
Sec. 2-310.23. Variable employer match of voluntary participant contributions.
Sec. 2-310.24. Contribution provisions.
Sec. 2-310.25. Earnings.
Sec. 2-310.26. Vesting provisions.
Sec. 2-310.27. Withdraws and loans.
Sec. 2-310.28. Spousal protection.
Sec. 2-310.29. Administrative provisions.
Sec. 2-310.20. Eligibility and membership requirements.
(a) Conditions of eligibility.
(1) An employee is eligible to participate in the defined contribution plan if
they are employed with the city on or after September 1, 2008; and
(2) The employee specified above is in a full-time position with the city or is in
the classification of regular part-time employee who has a regular
schedule of hours worked each pay period.
(b) Conditions of ineligibility.
(1) An employee is ineligible to participate in the defined contribution plan if
employed by the city prior to September 1, 2008, and is a member of the
defined benefit pension plan for the City of Atlantic Beach; or
(2) If any city managerial or professional employee is employed pursuant to
an individual contract of employment with different terms and conditions
for a defined contribution plan is ineligible to participate in this defined
contribution plan; or
Any person whose service to the city is rendered on a contractual or fee
basis is ineligible to participate in the defined contribution plan; or
(3)
(4) Any person employed in a position classified as seasonal is ineligible to
participate in the defined contribution plan; or
Any person covered by a bargaining agreement between the city and the
City of Atlantic Beach Police Department is ineligible to participate in the
defined contribution plan; or
(6) Any participant of the Atlantic Beach Police Officers' Retirement System
is not eligible to participate in the defined contribution plan; or
An elected official when serving in their capacity during their time in office
is ineligible to participate in the defined contribution plan.
(c) Membership.
(1) An eligible employee may enroll in the defined contribution plan at any
time during their employment with the city.
(2) All employees that meet the above conditions of eligibility will be enrolled
in the City of Atlantic Beach Defined Contribution Plan at ten (10) years of
service if they have not already become members before reaching ten
(10) years of service.
(Ord. No. 58-13-35, § 1, 6-10-13)
(5)
(7)
Sec. 2-310.21. Plan year.
The plan year will be defined as the twelve (12) consecutive month period commencing
on October 1.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.22. Normal retirement age.
Normal retirement age for the City of Atlantic Beach Defined Contribution Plan shall be
age sixty (60).
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.23. Variable employer match of voluntary participant contributions.
(a) During the first ten (10) years of service, the employer shall contribute matching
contributions up to six (6) percent of earnings based on the participants'
percentage of earnings contributed to the 457 defined contribution plan.
(b) Employer contributions for a plan year shall be contributed to the trust bi-weekly.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.24. Contribution provisions.
Employer contributions. The employer shall contribute a fixed contribution of four (4)
percent of earnings after the employee has obtained ten (10) years of service at the city.
Mandatory participant contributions are not required.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.25. Earnings.
(a) Earnings. Earnings, as defined under section 2-323 shall not include overtime or
bonuses.
(b) At termination. Earnings will not include accrued unpaid personal leave and/or
comp time that would otherwise be paid to the employee in cash.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.26. Vesting provisions.
(a) The employee will be fully vested at five (5) years of completed service. The date
of enrollment in the plan does not affect the vesting period.
(b) Non -vested members of the City of Atlantic Beach Defined Benefit Plan who are
transferred to the defined contribution plan will receive credit for their years of
service towards vesting.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.27. Withdraws and loans.
(a) Loans. Loans from the City of Atlantic Beach Defined Contribution Plan are not
permitted.
(b) In-service distributions. In-service distributions from the City of Atlantic Beach
Defined Contribution Plan are not permitted at any age.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.28. Spousal protection.
The plan will provide participant directed election. The normal form of payment of
benefits under the plan is a lump sum. The participant can name any person(s) as the
beneficiary of the plan, with no spousal consent required.
(Ord. No. 58-13-35, § 1, 6-10-13)
Sec. 2-310.29. Administrative provisions.
The city commission shall adopt the terms and provisions for the administrative
provisions of the defined contribution plan by resolution, provided that they shall not conflict with
any of the provisions of this division.
(Ord. No. 58-13-35, § 1, 6-10-13)
ARTICLE VII. FINANCE XVi[15]
DIVISION 1. GENERALLY
Sec. 2-311. Fiscal year.
Sec. 2-312. Allotments, constitute basis of expenditures and are subject to revision.
Sec. 2-313. Transfers of appropriations.
Sec. 2-314. When contracts and expenditures prohibited.
Sec. 2-315. Encumbrances.
Sec. 2-316. Fees shall be paid to city government.
Sec. 2-317. Dishonored checks.
Sec. 2-318. Reserved.
Secs. 2-319-2-330. Reserved.
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; Ord. No. 5-99-32, § 1, 12-14-99)
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
agencies to be made from the appropriation on the basis of approved allotments and not
otherwise. An approved allotment may be revised during the budget year in the same manner
as the original allotment was made. If, at any time during the budget year, the city manager shall
ascertain that the available income, plus balances, for the year will be less than the total
appropriations, he shall reconsider the work program and allotments of the several offices,
departments and agencies and revise the allotments so as to forestall the making of
expenditures in excess of such income.
(Laws of Fla., Ch. 57-1126, § 65; Ord. No. 5-99-32, § 1, 12-14-99)
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 ordinance 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; Ord. No. 5-99-32, § 1, 12-14-99)
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 pursuant to
this Code. Any contract, verbal or written, made in violation of this Code shall be 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; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-315. Encumbrances.
(a) An appropriation shall be obligated for expenses properly chargeable against it
as soon as the expense, or the liability therefor, is incurred. The director of
finance shall establish an encumbrance system where appropriate, as required
by the National Committee on Governmental Accounting, that will accomplish this
obligation and shall prescribe methods of documentation so that an adequate
audit trail is available as to the placing, modification and satisfaction or release of
encumbrances. Once encumbered, appropriated funds shall be considered
obligated and unavailable for expenditures (except to satisfy the encumbrance),
transfer or reappropriation, and obligated balances of appropriations remaining
undisbursed at the close of the fiscal year shall be treated as provided in
subsection (b). An encumbrance may be modified either to increase or decrease
the amount of funds encumbered by it, but no increase in an encumbrance shall
be larger than the amount of unobligated funds then remaining in the
appropriation account. An encumbrance may be released, in whole or in part, to
the extent that the funds so released are not needed to pay the expense for
which they were encumbered, and the funds thus released shall become
unobligated funds in the appropriation account, except funds released from an
encumbrance which is carried over from a prior fiscal year, which shall be treated
as provided in subsection (b).
(b) The encumbered balance of an appropriation account at the end of the fiscal
year shall be carried over to and become a part of the appropriation account for
the ensuing fiscal year, provided that the encumbrances outstanding at year end
represent the estimated amount of the expenditures ultimately to result if
unperformed obligations in process at year end are completed. The carryover of
an encumbered balance shall not release or discharge the encumbrances, but it
shall be subject to the provisions of subsection (a) in the ensuing fiscal year,
provided that funds released from an encumbrance which carried over shall
become unappropriated funds in the beginning fund balance for the ensuing
fiscal year. Encumbered balances carried over to the ensuing fiscal year shall not
be reported as expenditures for the previous fiscal year, but as reservations of
fund balance for subsequent fiscal year expenditures.
(Laws of Fla., Ch. 57-1126, § 68; Ord. No. 35-92-7, § 1, 10-12-92; Ord. No. 5-99-32, § 1,
12-14-99)
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 to the city finance department.
(Laws of Fla., Ch. 57-1126, § 69; Ord. No. 5-99-32, § 1, 12-14-99; Ord. No. 5-03-41, § 1,
4-28-03)
Sec. 2-317. Dishonored checks.
The director of finance shall add a service fee of twenty dollars ($20.00) or five (5)
percent of the face amount of the check, draft or order, whichever is greater, for the collection of
a dishonored check, draft or other order for the 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. The service fee shall be in addition to all other
penalties imposed by law.
(CnriP 1970, § 14-2.1; Ord. No. 5-93-23, § 1, 2-8-93; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-318. Reserved.
Editor's noie—
Ord. No. 5-99-32, adopted December 14, 1999, repealed § 2-318 of the Code, which
pertained to reserve account for fire department review, and derived from Ord. No.
35-93-8, § 1, adopted February 8, 1993.
Secs. 2-319-2-330. Reserved.
DIVISION 2. PURCHASING
Sec. 2-331. Bids—When required.
Sec. 2-332. Same—Notices inviting.
Sec. 2-333. Same—Deposits or bonds.
Sec. 2-334. Same—Opening procedure.
Sec. 2-335. Same—Award of contract.
Sec. 2-336. Same—Exceptions.
Sec. 2-337. Open market procedures.
Sec. 2-338. Scope of purchasing authority.
Sec. 2-339. Payments.
Secs. 2-340-2-355. Reserved.
Sec. 2-331. Bids—When required.
All supplies and contractual services, when the estimated cost thereof shall exceed
twenty-five thousand dollars ($25,000.00) 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; Ord. No. 5-92-22, § 1, 4-13-92; Ord. No. b- i9-32, § 7,
12-14-99; Ord. No. 5-08-49, § 1, 6-9-08)
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
notice shall include a brief description of the services or supplies and shall state where bidding
information may be secured and the time and place of opening bids.
(Ord. No. 5-83-12, § 2, 13-84; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-333. Same—Deposits or bonds.
Bid deposits or bid bonds shall be required on all public works construction contracts
with the dollar amount in excess of twenty-five thousand dollars ($25,000.00) except for
maintenance contracts. Bid deposits or bid bonds may be required on all other contracts or
purchase orders. 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 or bid deposit required by the city upon
failure on the bidders part to enter a contract within ten (10) days after the award of a contract or
as is otherwise required in the bidding documents.
(Ord. No. 5-85-12, § 2, 2-13-84; Ord. No. 5-86-16, § 1, 5-27-86; Ord. No. 5-99-32, § 1,
12-14-99)
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.
(Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-99-32, § 1, 12-14-99)
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 relating 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.
(b) Tie bids. If all bids received are for the same total amount or unit price, quality
and 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; Ord. No. 5-99-32, § 1, 12-14-99)
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;
Where the services required are for professional, artistic skills or insurance,
pursuant 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;
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 other governmental agencies or
at or below the cost of their competitively bid contracts;
Purchase and contracts for the use or purchase of data processing equipment or
data processing systems software and reproduction equipment.
(8) When the goods or services are procured from government -related state-wide or
national associations.
(3)
(5)
(7)
(Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-96-28, § 1, 11-11-96; Ord. No. 5-99-32, § 1,
12-14-99; Ord. No. 5-08-49, § 1, 6-9-08)
Sec. 2-337. Open market procedures.
All purchases of supplies and contractual services of less than the estimated value of
twenty-five thousand dollars ($25,000.00) may be made in the open market without newspaper
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; Ord. No. 5-99-32, § 1, 12-14-99 Ord. No. 5-08-49, § 1, 6-9-08)
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 twenty-five thousand dollars
($25,000.00) be executed without city commission approval unless there is an
emergency 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
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
necessary 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.
(10) Approve purchase orders and contracts in excess of twenty-five thousand dollars
($25,000.00) when the services or goods are related to items also exempted to
the formal bid procedures as listed in section 2-336, except for professional,
artistic skills or insurance, which are in excess of twenty-five thousand dollars
($25,000.00).
(Ord. No. 5-83-12, § 4, 2-13-84; Ord. No. 5-99-32, § 1, 12-14-99 Ord. No. 5-08-49, § 1, 6-9-08)
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; Ord. No. 5-99-32, § 1, 12-14-99)
Secs. 2-340-2-355. Reserved.
DIVISION 3. UNIFORM TRAVEL POLICY AND PROCEDURE
Sec. 2-356. Definitions.
Sec. 2-357.
Sec. 2-358.
Sec. 2-359.
Sec. 2-360.
Authority to incur travel and business expenses.
Funding.
Expense forms and regulations.
Schedule for meal allowance and accommodations.
Sec. 2-361. Subsistence.
Sec. 2-362. Transportation.
Sec. 2-363. Authorized travel.
Sec. 2-364.
Sec. 2-365.
Sec. 2-366.
Reimbursable incidental expenses.
Auditing.
Fraudulent claims.
Sec. 2-356. Definitions.
xvii[16]
For the purpose of this division, the following words shall have the meanings indicated in
this section:
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 executive
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
regular or full-time position for the city and is responsible to the city
Public officer shall mean an individual, either elected
performance of his official duties, is vested by law with powers of go
(Ord. No. 5-83-11, § 1, 1-9-84)
Definitions and rules of construction generally, § 1-2.
officer who is working in a
manager.
or appointed, who in the
vernment.
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.
(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 sole purpose of taking merit
system or other job placement examinations, interviews, etc., may be authorized
by the city commission or city manager.
Business expenses shall apply to those expenditures which are incurred in the
performance of the public purpose to be performed, including meetings with
governmental 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.
(3)
(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
authorization 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 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
authorized 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)
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.
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.
No expenses in Duval County shall be reimbursed unless approved by the city
manager.
(3)
(5)
(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, and activity or on city -related business that
serves a direct public purpose.
(b) Subsistence will be consistent with the Internal Revenue Service daily rates.
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; Ord. No. 5-01-34, § 1, 5-28-01)
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. Reimbursement 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 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)
DIVISION 4. SERVICE AND USER CHARGES
Sec. 2-367. Authorization.
Sec. 2-368. Fees and charges.
Secs. 2-369-2-399. Reserved.
Sec. 2-367. Authorization.
The City of Atlantic Beach hereby authorizes the establishment of service charges and
user fees for services provided by the city not otherwise paid for by ad valorem taxes and as set
and approved from time to time by the city commission.
(Ord. No. 5-85-15, § 1, 1-13-86)
Sec. 2-368. Fees and charges.
In accordance with the provisions of section 2-367 herein, the following fees and
charges are approved:
Accident and other public reports issued by the Atlantic Beach police department or fire
department (each copy) ... $ 3.00
City clerk lien letter ... 10.00
Copy machine, per imprint up to size 81,4x14 (first two copies free to senior citizens) ....10
Copy machine, per imprint larger than 8%x14....25
Backhoe (including travel time), minimum two hours portal to portal, per hour ... 50.00
Labor, all departments, actual cost plus 30 percent for fringes
Mud hog, per hour ... 15.00
Trucks, each (including travel time), per hour ... 20.00
All tractors (including travel time), per hour ... 35.00
Bush hog, per hour ... 15.00
Materials, cost plus 10 percent for handling
Bore machine, per connection ... 60.00
Duplicate audio tape ... 15.00
Occupational license listing ... 10.00
(Ord. No. 5-85-15, § 1, 1-13-86; Ord. No. 5-86-18, § 1, 1-12-87; Ord. No. 5-87-19, § 1, 9-28-87;
Ord. No. 5-93-23, § 2, 2-8-93; Ord. No. 5-93-24, § 1, 10-25-93; Ord. No. 5-02-38, § 1, 9-23-02)
Secs. 2-369-2-399. Reserved.
ARTICLE VIII. EMERGENCY MANAGEMENT
DIVISION 1. GENERALLY
Sec. 2-400. Overcharging prohibited.
Sec. 2-400. Overcharging prohibited.
In order to preserve, protect or sustain the life, health or safety of persons, or their
property, within any declared disaster area or area where a state of emergency exists, it is
unlawful, during the duration of the state of emergency or subsequent recovery period in which
the city has been designated as a disaster area, for any person, firm or corporation located or
doing business in the city, to overcharge for any goods, materials, services, motel rooms,
temporary lodging or houses, sold or rented, within the city. Overcharging shall mean to charge
more than the normal average retail price for any merchandise, goods, or services sold during
the emergency. The average retail price, as used herein, is defined to be that price at which
similar merchandise, goods, or services was being sold in the county during the ninety (90) days
immediately preceding the emergency or mark-up which is a larger percentage over wholesale
cost, than was being added to wholesale cost prior to the emergency.
(Ord. No. 05-08-50, § 1, 5-27-08)
DIVISION 2. COMPREHENSIVE EMERGENCY MANAGEMENT PLAN
Sec. 2-401. Legislative administrative intent and findings/adoption of comprehensive
emergency management plan.
Sec. 2-402. Definition of emergency.
Sec. 2-403. Authority to declare states of local emergency.
Sec. 2-404. Proclamation; term.
Sec. 2-405. Emergency management plans; proclamation to activate.
Sec. 2-406. Effect and purpose of state of local emergency.
Sec. 2-407. Limit of authority.
Sec. 2-408. Administrative rules.
Sec. 2-409. Violation; penalties.
Sec. 2-401. Legislative administrative intent and findings/adoption of comprehensive
emergency management plan.
(a) The city commission finds and declares that in order to protect and safeguard the
safety, health and welfare of the citizens of the city, the emergency regulations
contained in this division are necessary from time to time.
(b) It is the intent of the city commission to designate certain city officials to declare
local states of local emergency in the event of natural or manmade disasters or
emergencies, or the imminent threat thereof, and to authorize certain necessary
actions relating thereto when a quorum of the city commission is unable to meet.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-402. Definition of emergency.
The term "emergency" means any occurrence, event, disaster or threat thereof, whether
accidental, natural, or caused by man, in war or peace, which results or may result in substantial
injury or harm to the population of the city or substantial damage to or loss of property within the
city.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-403. Authority to declare states of local emergency.
Pursuant to F.S. Ch. 252, which authorizes the waiver of procedures and formalities
otherwise required of political subdivisions to take whatever prudent action is necessary to
ensure the health, safety and welfare of the community in the event of a state of local
emergency, when a quorum of the city commission is unable to meet, the mayor and city
manager (and/or the mayor pro tem and acting city manager) are empowered to declare local
states of local emergency whenever determined that a natural or manmade disaster or
emergency has occurred or that the occurrence or threat of one is imminent and requires
immediate and expeditious action. To the extent permitted by the provisions of state law, the
mayor and city manager shall, as necessary, convene meetings of the city commission with
members of the city commission attending, as appropriate, by telephone or other electronic
means. The mayor and city manager may rely upon actions of the city commission for guidance
and direction notwithstanding the absence of a legal quorum; provided, however, that the mayor
and city manager's taking of necessary emergency actions shall not be conditioned upon the
actual receipt of any such guidance or direction in dealing with emergency situations.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-404. Proclamation; term.
A state of local emergency shall be declared by proclamation of the mayor or the mayor
pro tem and city manager. The state of local emergency shall continue for a maximum period of
seven (7) days, but may be re -instituted for additional periods not to exceed seven (7) days,
until the mayor and city manager or the city commission finds that the threat of danger no longer
exists and terminates the state of local emergency by proclamation.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-405. Emergency management plans; proclamation to activate.
(a) The city commission recognizes that the city manager shall develop from time to
time, in conjunction with the police chief and city attorney, emergency
management plans which shall provide for the maintenance of public safety,
public services and good order within the city during the time of emergency and
the resulting impacts from such emergencies.
(b) A proclamation issued by the city manager and the mayor, or mayor pro tem, as
set forth herein declaring a state of local emergency, shall activate the
emergency management plans applicable to the city and shall be the authority for
use or distribution of any supplies, equipment, materials or facilities assembled or
arranged to be made available pursuant to such plans. Said proclamation shall
also institute coordination activities with the State of Florida, Duval County,
Neptune Beach and Jacksonville Beach in accordance with the provisions of
state law and the statewide mutual aid system and/or interlocal agreements.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-406. Effect and purpose of state of local emergency.
(a) Upon the declaration of a state of local emergency pursuant to this division, the
state of local emergency shall be effective during the period of such local
emergency for the duration of the period of time established in the applicable
proclamation or as otherwise provided by state law, to protect the health, safety
and welfare of the citizens of Atlantic Beach and those other persons residing in,
traveling in or conducting business in the city.
(b) The city manager and the mayor (or the mayor pro tem), are hereby vested and
delegated with the power and authority to take all actions necessary to address
the emergency situations that may arise as a result of local emergencies.
(c) Without limiting the generality of the provisions of subsection 2-406(b), the city
manager and mayor (or mayor pro tem) are hereby vested and delegated with
the power to accomplish the following actions:
(1) To waive and dispense with any and all purchasing or procurement
policies and practices of the city in order to address and respond to
emergency conditions and associated impacts and in order that the city
will be in a position to respond to the day-to-day exigencies that may
arise and procure necessary goods and services to protect the public
health, safety and welfare.
(2) To implement emergency personnel policies, including employment of
permanent and temporary workers as well as utilization of volunteer
workers.
(3)
To authorize the removal of derelict vessels and abandoned vehicles
pursuant to current statutes of the State of Florida and in conjunction with
other law enforcement agencies of the city, county and state.
(4) To issue permits to allow the reconstruction and repair of nonconforming
structures that have been damaged.
To issue permits and construction permits without assessing customary
fees and charges for activities that pertain to the restoration and
rehabilitation of any and all structures damaged.
(5)
(6) To suspend the watering or irrigation of properties in the event that the
city's water supplies or water supply system or facilities is or are
threatened with harm or an inability to function at a level that is consistent
with the protection of the public health, safety and welfare.
To permit tree removal, notwithstanding the requirements of any code or
ordinance, in order to protect the public safety and prevent property
damage from occurring. To also permit and assist in the removal of any
widespread debris which is determined to be a threat to public health,
safety and welfare, from all property in the city, whether on public or
private property, public or private roads and easements, and including
lands and roads located within any private, gated communities.
(8) To suspend or limit the sale, dispensing or transportation of alcoholic
beverages, firearms, explosives and combustibles. To prohibit the
carrying or possession of any firearm or weapon, as defined by state law,
upon the property of another, including public property. Any such
possession shall be deemed prima facie evidence of an intent to violate
the provisions of this article.
(9) To prohibit the kindling, setting or maintaining of any outdoor fire or the
discharge of any fireworks.
(10) To establish curfews including, but not limited to, the prohibition of or
restrictions on pedestrian and vehicular movement, standing and parking,
except for the provision of designated essential services, such as fire,
police, emergency medical services and hospital services to include, but
not limited to, the transportation of patients, utility emergency repairs and
emergency calls by physicians. If the Jacksonville Sheriff's Office or the
city police chief, as the case may be, advises the city manager that a
curfew may be in the public interest and protect the public health, safety
and welfare, the city manager may issue a proclamation that a curfew be
in effect. The city manager, as soon as practicable, shall request the
mayor, or mayor pro tem, in the absence of the mayor, to issue a
proclamation affirming the determination of the city manager.
(11) To utilize all available resources of the city government as reasonably
necessary to cope with the emergency.
(12) To declare certain areas within the city off limits.
(13) To make provisions for the availability and use of temporary emergency
housing and the emergency warehousing of materials.
(14) To establish emergency operating centers and shelters in addition to or in
place of those provided in Duval County's or the city's emergency
management plans.
(15) To prohibit the use of fresh water supplied by the city for any purpose
other than cooking, drinking or bathing.
(16) To call on the National Guard of the Army, public safety officials and law
enforcement officials as necessary to assist in the mitigation of the local
emergency or to help maintain law and order, rescue and traffic control.
(7)
(17) To require all contractors, whether local or from out of town, to obtain a
city permit before conducting business such as roofing, tree cutting and
removal, construction/rehabilitation/renovation, and the like. The city shall
require proof of licensing and insurance from all such contractors, and
may require the posting of a bond in certain circumstances if the
necessary licensing or proof of insurance cannot be provided. The city
shall take all appropriate measures allowed and shall use its police
powers to their fullest in order to protect the citizens and residents of
Atlantic Beach from being taken advantage of by unscrupulous persons
and companies that might attempt to take advantage of disaster victims.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-407. Limit of authority.
Nothing in this division shall not be construed to limit the authority of the mayor or the
city commission to declare or terminate a state of local emergency and take any action
authorized by law relative to emergency preparedness, disaster relief or any similar subject or
matter.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-408. Administrative rules.
The city manager is hereby authorized to adopt administrative rules that are deemed
necessary and appropriate to implement the provisions of this division.
Sec. 2-409. Violation; penalties.
Any person or persons convicted of violating any of the provisions of this division
including, but not limited to, any proclamation or rule adopted under the provisions of this
division, shall be punished by a fine of not more than five hundred dollars ($500.00), plus costs
of prosecution, or by imprisonment for not more than sixty (60) days, or by both such fine, costs
and imprisonment in the discretion of the court.
The provisions of this division may be enforced by any and all lawful means by the city
pursuant of all codes and ordinances duly adopted by the city commission or as may otherwise
be available to the city pursuant to state law and nothing contained in this division shall prohibit
the city from enforcing this division by other means set forth in the city's codes and ordinances,
provided in the statutory law of the State of Florida, or otherwise available to the city.
(Ord. No. 05-08-50, § 1, 5-27-08)
Chapter 3 ALCOHOLIC BEVERAGES """'[l]
Sec. 3-1. Definitions.
Sec. 3-2. Hours of sale.
Sec. 3-3. Persons not holding an alcoholic beverage license.
Sec. 3-4. Premises where retail sales for off -premise consumption are permitted.
Sec. 3-5. Premises where sales for on -premises consumption are permitted.
Sec. 3-6.
Sec. 3-7.
Sec. 3-8.
Sec. 3-9.
Existing establishments and alcoholic beverage licenses previously issued.
Lighting requirements on premises.
Consumption on licensee's premises.
Consumption and possession of open container upon public property.
Sec. 3-1. Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them within this section. Where applicable and appropriate to
the context, definitions and provisions as set forth within chapters 561-565, Florida Statutes,
shall be used in conjunction with these terms and the requirements of this chapter.
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 and
professional regulation (division).
Alcoholic beverages shall mean distilled spirits and all beverages containing one-half of
one (1) percent or more alcohol by volume. The percentage of alcohol by volume shall be
determined by measuring the volume of the standard ethyl alcohol in the beverage and
compairing it with the volume of the remainder of the ingredients as though said remainder
ingredients were distilled water.
Licensed premises shall mean not only rooms or portions of a building where alcoholic
beverages are stored or sold by the licensee, but also all other portions of the premises, which
are closely connected so as to admit free passage from any bar or drinking room to any other
portion of the premises over which the licensee has some dominion or control.
Licensee shall mean a business or a legal entity, or person(s) that holds a license issued
by the division, and which meets the qualifications as set forth in section 561.15, Florida
Statutes.
Off -premises consumption shall mean consumption of alcoholic beverages not occurring
on the licensed premises.
On -premises consumption shall mean consumption of alcoholic beverages occurring on
the licensed premises.
Sale or sell shall mean any transfer or dispensing of an alcoholic beverage for any form
of fee, consideration, or gift.
Special event permit shall mean a permit approved by the City of Atlantic Beach, signed
by the city manager or his designee, as authorized under section 3-9(b) of this chapter.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Definitions and rules of construction generally, § 1-2.
Sec. 3-2. Hours of sale.
(a) It shall be unlawful for any licensee to sell, offer for sale, serve, give away,
dispense or dispose of alcoholic beverages, or permit the same to be consumed
upon any licensed premises between the hours of 2:00 a.m. and 7:00 a.m. all
days of the week.
(b) The licensed premises where any alcoholic beverages are kept, except for
restaurants, grocery stores and markets where the primary business is the sale
or serving of food, shall be closed for business between the hours of 2:00 a.m.
and 7:00 a.m. all days of the week. No person shall be permitted on the premises
of such business during such hours, except to clean up the premises, to perform
necessary functions for closing the establishment, or to perform necessary
maintenance.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Authority to regulate hours of sale, F.S. §§ 562.14(1), 562.45(2).
Sec. 3-3. Persons not holding an alcoholic beverage license.
It shall be unlawful for any person(s) or business operating for profit, but not licensed to
sell alcoholic beverages within the city, to sell, serve, give away or dispense alcoholic
beverages or allow the same to be consumed upon any business premises between the hours
of 2:00 a.m. and 7:00 a.m. all days of the week.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Sec. 3-4. Premises where retail sales for off -premise consumption are permitted.
(a) Retail sale, limited to beer as defined by section 563.01, Florida Statutes, and
wine as defined by section 564.01, Florida Statutes, shall be permitted only upon
the following licensed premises.
(1) Business within the commercial general zoning district abutting Atlantic
Boulevard or Mayport Road or businesses located within the central
business district; and
(2) Establishments in locations presently open for business and where a
current valid alcoholic beverage license exists as of the effective date of
this amended ordinance.
(b) Retail sale of alcoholic beverages, which includes liquor as defined by section
565.01, Florida Statutes, in addition to beer and wine, shall be permitted only
under the following conditions and upon the following licensed premises.
(1) Business properly licensed by the City of Atlantic Beach for the retail sale
of alcoholic beverages, and
(2) Business located within the commercial general zoning district only and
subject to approval of a use -by -exception in accordance with section
24-63 of the city code.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Authority to regulate location of alcoholic beverage establishments, F.S. § 562.45(2).
Sec. 3-5. Premises where sales for on -premises consumption are permitted.
The sale of any alcoholic beverages for on -premise consumption, including beer, wine
and liquor shall be properly licensed by the City of Atlantic Beach, and shall be limited only to
restaurants, cafes, bars and private clubs within commercial general and commercial limited
zoning districts or the central business district in compliance with chapter 24 of the city code and
subject to approval of a use -by -exception in accordance with section 24-63.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Authority to regulate location of alcoholic beverage establishments, F.S. § 562.45(2).
Sec. 3-6. Existing establishments and alcoholic beverage licenses previously issued.
(a) Businesses, where a current valid alcoholic beverage license and a current valid
occupational license exist as of the effective date of this amended ordinance,
may continue to operate in accordance with this chapter, and the right to renew
such licenses shall not be changed by provisions of this chapter, provided that
such business is in compliance with other applicable provisions of the city code.
(b) A current valid alcoholic beverage license may be transferred to a new location
within the city provided that such new location is in compliance with chapter 24 of
the City Code. The number of times the license may be transferred shall not be
limited as long as each new location meets the requirements of this chapter and
other applicable provisions of the city code.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Sec. 3-7. Lighting requirements on premises.
Business licensed to sell alcoholic beverages within the city, shall maintain sufficient
lighting for the safety of patrons and employees during all times that the business is open or
occupied by employees.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Sec. 3-8. Consumption on licensee's premises.
It shall be unlawful for any person(s) to consume alcoholic beverages on any licensed
premises except:
(1) Inside of the building that is the licensed premises; or
(2) Within a recreation area contiguous to the building that is owned or leased, and
maintained and controlled by the licensee and used exclusively for recreational
purposes including but not limited to golf facilities, tennis facilities, swimming
facilities, or other recreational purposes; or
Within an outdoor seating or dining area contiguous to the building that is owned
or leased, and maintained and controlled by the licensee.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
(3)
Sec. 3-9. Consumption and possession of open container upon public property.
(a) Except in accordance with following subsection (b), it shall be unlawful for any
person(s) to consume alcoholic beverages upon public properties within the city,
or for any person(s) to be in possession of any open container of an alcoholic
beverage upon public properties within the city. Such public property shall
include, but not be limited to, streets, sidewalks, highways, parks, waterways and
the ocean or beach.
(b) The city manager may, for special events, grant a special event permit to allow
the consumption of beer and wine and the possession of open containers of beer
and wine upon public properties within the city, subject to the following
conditions.
(1) No beer or wine shall be consumed out-of-doors in any public park areas,
except that up to four (4) festivals in any one (1) calendar year may be
approved. However, consumption out-of-doors shall be allowed for
special, permitted events at the Adele Grage Center, provided such
out-of-doors consumption is limited and restricted to the decks, porches
and verandas of the Adele Grage Center on the south, west and north
sides of the building that are covered and under the roof of the building.
(2) All public consumption of beer and wine upon any city property, as may
be permitted by this section, shall end no later than 11:00 p.m.
The applicant for a special event permit shall sign a written agreement
committing to comply with any reasonable conditions as deemed
necessary by the city manager to protect the best intests of the city and
its residents, and shall as a condition of the special event permit, agree to
hold the city harmless and assume all liability for any damage to public
property or any incident occurring as a direct or indirect result of the
special event.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04; Ord. No. 10-08-23, § 1, 1-28-08)
(3)
Chapter 4 ANIMALS X'X[1]
ARTICLE I. IN GENERAL
Sec. 4-1. Animal control enforcement.
Sec. 4-1.1. Definitions.
Sec. 4-2.
Sec. 4-3.
Interfering with performance of duties.
Authority to enter private property.
Sec. 4-4. City designated bird sanctuary, trapping, hunting, molesting, etc., of birds
prohibited; exception.
Sec. 4-5. Cruelty to animals.
Sec. 4-6. Reserved.
Sec. 4-7. Keeping or maintaining certain animals in the city.
Sec. 4-8. Legislative findings.
Sec. 4-9. Injuries caused by animals.
Sec. 4-10. Dangerous dogs.
Sec. 4-11. Classification of dogs as dangerous; certification of registration; notice and hearing
requirements; confinement of animal; exemption; appeals; unlawful acts.
Sec. 4-12. Attack or bite by dangerous dog; penalties; confiscation; destruction.
Sec. 4-13. Bite by a police or service dog; exemption from quarantine.
Sec. 4-14. Severe injury by dog; impoundment; destruction.
Sec. 4-15. Abandoning animals.
Secs. 4-16-4-23. Reserved.
Sec. 4-1. Animal control enforcement.
The provisions of this chapter shall be enforced by the animal control officer(s), police
officer(s), and code enforcement officer(s) of the city. The powers and authority granted under
this chapter shall be supplemental to the powers and authority already provided for by Florida
Statutes, relating to local animal control regulations.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-1.1. Definitions.
For the purposes of this chapter, the following words and terms shall have the following
meanings unless the context clearly requires otherwise.
Allow or permit, in addition to their common meanings, shall also include any failure to
take reasonable proactive measures to restrict the animal from engaging in any activity
prohibited by this chapter.
Animal means any live vertebrate creature including mammals, birds, reptiles,
amphibians and fish, but not humans, and/or as defined in F.S. § 828.02.
Animal control officer/authority means any individual employed, contracted with, or
appointed by the City of Atlantic Beach, for the purpose of aiding in the enforcement of this
chapter or any other law or ordinance relating to the licensure of animals, control of animals,
welfare of animals or seizure and impoundment of animals and includes any state or local law
enforcement officer or other employee whose duties in whole or in part include assignments that
involve the seizure and impoundment of any animal.
At -large means that an animal is off the property of its owner, unless restrained by leash
or tether of twelve (12) feet or less in length, or other physical control device, such that the
animal is under the physical control of a responsible person, and (i) the animal has entered
upon the property of another person without authorization of that person, or (ii) the animal has
entered onto public property, street or right-of-way. If the dog owner's property whether owned
or leased is located within a community association or other common -property arrangement, it
shall also be considered off the owner's, leaser's, or renter's property if the animal leaves the
owner's curtilage and onto common property, unless such property is clearly designated as an
"off -leash" area (i.e., dog park). An animal on a retractable or other trolley leash system shall be
considered at -large if the leash is extended beyond twelve (12) feet in length since adequate
physical control cannot be maintained over the animal.
Business day means Monday through Friday but excluding official holidays recognized
by the city. Unless a provision in this chapter specifically refers to "business" day, any reference
to "day" shall mean a calendar day.
Cat means all domestic felines.
Control means the provision, ownership, care and/or custody of an animal or animals
(see "physical control" definition).
Cruelty means any act of cruelty upon an animal as defined in section 4-5 and/or as
provided in Chapter 828, Florida Statutes.
Curtilage means the enclosed land or yard surrounding a house or dwelling.
Dog means all members of the canine family that are domesticated.
Domestic means tame, usually by generations of breeding, and living in close
association with humans as a pet or work animal in such a way that creates a dependency on
humans so that the animal loses its ability to live in the wild.
Enclosure or outdoor enclosure means any structure with at least three (3) walls, a roof,
and floor in adequate condition as not to endanger the safety of the animal and as to provide
necessary protection of the animal from weather conditions. An enclosure must be properly
located so that it does not allow for standing water to pool inside the enclosure following any
weather event or other water intrusion. For pets not declared dangerous a residence may be
considered a proper enclosure; different rules as specified in this chapter apply to a "proper
enclosure" for declared dangerous dogs.
Harbor means the act of caring for and keeping an animal or the act of providing a
premises or residence to which the animal returns for food, shelter or care for a period of at
least ten (10) days, or at the point where the caregiver is providing the primary source of
sustenance for the animal; whichever time is shorter.
Nuisance means any act performed or permitted to occur (including permitted by lack of
reasonable and appropriate action/control required for prevention) which injures or prevents
another from enjoying his/her legal rights, in particular, the creation of conditions (including
created by lack of reasonable and appropriate action/control required for prevention) leading to
the excessive breeding of fleas or flies, odors or noises and other obnoxious circumstances
caused by the keeping of animals.
Owner means any person, firm, corporation, or other entity possessing, harboring,
keeping, or having control or custody of an animal; a person must be age eighteen (18) or older
to be considered the legal owner of an animal. If a person under the age of eighteen (18) is
considered the custodian or caretaker of the animal, the parents or legal guardians shall be
considered, the legal owner of the animal and responsible for all matters involving that animal.
There shall be a rebuttable presumption that the person's name appearing on the animal's
registration or radio frequency identification device (RFID), commonly known as a "microchip,"
is the owner.
Person means any individual person, firm, corporation or other entity. The knowledge
and acts of agents and employees of a firm, corporation or other entity, with regard to the
treatment of animals owned, in the custody of or transported by such firm, corporation or other
organization, shall be the knowledge and acts of the firm, corporation or other entity.
Physical control means adequate domination or power to influence/oppress the actions
of the animal to prevent the animal from engaging in biting, aggression towards people or
animals, straying, being at -large or other behaviors regulated by this chapter or state law by the
use of a proper leash or similar device attached to an appropriate collar or harness. To maintain
physical control the animal must be on a leash not to exceed twelve (12) feet at its maximum
extension. Animals on longer leashes or similar devices extended beyond twelve (12) feet shall
be considered not under physical control and may be subject to being treated as at -large for
provisions of this chapter.
Quarantine or ten-day quarantine means confining an animal for observation of any
symptoms of rabies, which confinement is typically for a ten-day time period from the date of the
bite, scratch or other potential rabies exposure, unless a longer time period is required pursuant
to state regulations and guidelines.
Rabies means an acute, fatal, infectious disease of the central nervous system that is
transmitted when the virus is introduced into bite wounds, open cuts in skin, or onto mucous
membranes.
Radio frequency identification device (RFID), commonly referred to as a "microchip", a
device about the size of a grain of rice encased in surgical glass that is implanted underneath
the skin of a dog, cat or other animal that when scanned produces a unique number that
identifies the animal and its owner (if properly registered). When present, an RFID with
registration information shall be considered the primary indication of ownership.
Stray means any animal that is found to be at -large, whether lost by its owner or
otherwise, or that is on the common areas of apartments, condominiums, trailer parks or other
multi -residential premises, and that does not have identification tag and for which there is no
identifiable owner.
Sufficient food means access to the proper food for the species of animal on a regular,
ongoing basis in quantities sufficient to maintain a regular body weight. Animals under active,
current veterinary care may deviate from this based upon the expertise of a licensed
veterinarian.
Sufficient water means access to clean, fresh, potable water of a drinkable temperature
on a regular, ongoing basis that is provided in a suitable manner and in sufficient volume.
Transporting means shipping, transporting, carrying, importing, exporting, receiving or
delivering for shipment, transportation, carriage or export.
Vaccination against rabies means the proper administration of anti -rabies inoculation or
vaccination by a veterinarian licensed by the state board of veterinary medicine.
Veterinarian means an individual who is licensed to engage in the practice of veterinary
medicine in Florida.
Wholesome exchange of air means sufficient ventilation or other means of air exchange
adequate to prevent the accumulation of noxious odors and limit airborne disease transfer and
provide adequate air movement in/through the structure.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-2. Interfering with performance of duties.
It shall be unlawful for any person to interfere with, resist, prevent or hinder any animal
control officer in the performance of any duty required by this chapter including, but not limited
to, removing or attempting to remove an animal from an animal control officer's vehicle,
tampering with or removing an animal from a City of Atlantic Beach animal trap, tampering with
or destroying signs and/or other city property, interfering with the lawful execution of the duties
of an animal control officer or interfering with the lawful impoundment of an animal. All alleged
violators of any section of this chapter shall be required to provide positive photo identification
and accurate current residence. Violations of the section are punishable by a fine of five
hundred dollars ($500.00).
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-3. Authority to enter private property.
An animal control officer is authorized to enter upon any private property that is
unfenced, or that is fenced but with a gap, opening or indentation, or with a gate that is not
closed and locked for the purpose of investigating a complaint of violation of this chapter or for
the purpose of seizing and impounding any animal that is stray or at -large, or as otherwise
authorized by this chapter; however, an animal control officer is not authorized to enter a
dwelling without the owner's or the resident's permission, or without a warrant or under other
authority.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-4. City designated bird sanctuary, trapping, hunting, molesting, etc., of birds
prohibited; exception.
(a) The entire area embraced within the city is hereby designated as a bird
sanctuary
(b) It shall be unlawful to trap, hunt, 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 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 number and in such manner
as is deemed advisable by the health authorities under the supervision of the
chief of police of the city.
(d) Any violations of this section may be reported to Florida Wildlife Conservation
Commission (FWC) for further investigation/disposition.
(e) Violations of this section are punishable by a fine not exceeding five hundred
dollars ($500.00).
(Ord. No. 95-13-106, § 1, 7-8-13)
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.
(d) It shall be unlawful to carry any animal in or upon any vehicle in an inhumane
way so as not to provide for protection, safety and comfort of the animal.
(1)
It shall be unlawful to carry an animal in the back of an open vehicle
without being safely tethered to avoid injury and without protecting the
animal from extreme weather conditions.
(2) It shall be unlawful to leave an animal unattended in a vehicle in a way
that endangers the health or well-being of the animal due to heat, cold,
lack of adequate ventilation, or lack of food or water, or other
circumstances that could reasonably be expected to cause suffering or
death.
a. A law enforcement officer (LEO) or animal control officer (ACO)
who finds an animal in a vehicle as described in [subsections] (1)
and (2) above may enter the vehicle by using the amount of force
reasonably necessary to remove the animal. A LEO or ACO who
acts in substantial compliance with the provisions of this section
shall be immune from civil and criminal liability; and the city shall
also be held immune from civil liability.
(e) Any act, omission or neglect whereby unnecessary or unjustifiable pain or
suffering is caused, permitted or allowed to continue to an animal when there is
reasonable remedy or relief shall be considered cruelty, and is unlawful under
this section.
(f) A violation of this section is punishable by a fine of five hundred dollars
($500.00).
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-6. Reserved.
Sec. 4-7. Keeping or maintaining certain animals in the city.
(a) It shall be unlawful for any person to keep or maintain horses, mules, cows,
cattle, chickens, poultry, or goats in the city, except for in special events, as
approved by the city manager.
(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, with the sole exception of a bona
fide, purebred miniature Vietnamese potbellied pig which is kept for the sole
purpose of providing human companionship and which is in compliance with all
other applicable provisions of this Code. Miniature Vietnamese potbellied pigs
may be kept as household pets under the following conditions:
(1) Ownership of a pig or other swine animal as a household pet is
prohibited, except if such animal is a purebred miniature Vietnamese
potbellied pig, sus scrofa vittatus, is no younger than six (6) weeks of age,
weighs no more than one hundred twenty-five (125) pounds, measures
no more than twenty-two (22) inches in height to be measured to the top
of a front shoulder, is spayed or neutered, is registered with a purebred
registry which is recognized as bona fide by the animal control officer and
is kept as a household pet for the sole purpose of providing human
companionship. Ownership of such an excepted pig, hereinafter "pet
potbellied pig," shall be regulated by the provisions of this part.
(2) No household shall own or keep more than one (1) pet potbellied pig.
(3) Every pet potbellied pig shall be maintained primarily within the residence
of its owner. No pet potbellied pig shall be kept out-of-doors. Every pet
potbellied pig may be exercised from time to time within a securely fenced
enclosure on the owner's residential property or while under the secure
physical control of the owner, or other custodian, by means of secure
leash, chain or chord. Pursuant to section 4-24, which is hereby made
applicable to this part, no pet potbellied pig shall run at large.
(4) No pet potbellied pig shall be starved or otherwise deprived of healthful
sustenance appropriate for its species and particular nature. Depriving a
pet potbellied pig of healthful sustenance for any purpose, to include the
purpose of stunting its growth of having it conform to the weight or height
provisions in subsection (1) above, shall not constitute an exception to
this provision. Violation of this provision shall constitute an offense
punishable by a fine of five hundred dollars ($500.00).
All portions of chapter 4 which pertain to dogs and cats, or to relevant
penalties, fees and time frames, and which are not superseded by
specific provisions of this part, are hereby declared to pertain to pet
potbellied pigs, as defined and regulated under this chapter, with the
following provisions:
a. There shall be no required annual inoculation against rabies for
such pigs, but written certification by a licensed veterinarian shall
be submitted as part of every application for annual license for a
pet potbellied pig as proof that such pig has, within thirty (30) full
business days before such application, been inoculated against
and/or been blood-tested, with negative results, for pseudo rabies
and for brucellosis;
b. Pet potbellied pigs shall be exempt from the quarantine provisions
of chapter 4, but shall be subject to the provisions of Chapter
10D-3, Florida Administrative Code.
c. Every application for annual license for a pet potbellied pig shall
be accompanied by written certification from a licensed
veterinarian that such pig is spayed or neutered and was, within
(5)
thirty (30) days before such application is made, in compliance
with this section's age, weight and height provisions;
d. Every application for annual license for a pet potbellied pig shall
be accompanied by a sworn affidavit signed by the applicant to
the effect that such pig is and shall be, for as long as it is owned
by such applicant and regulated under this part, the sole pet
potbellied pig owned or kept in such applicant's household;
e. Before application for annual license for a pet potbellied pig is
made, the owner of such pig shall allow the animal control officer
a reasonable and timely opportunity to examine such pig and its
bona fides as a registered potbellied pig pursuant to subsection
(1) above for the purpose of ascertaining that such pig is a true
miniature Vietnamese potbellied pig; and
f. The animal control officer shall have the authority to refuse
application for annual license for any pig which it deems not to be
identifiable as a true miniature Vietnamese potbellied pig.
(6) No potbellied pig regulated by the provisions of this part shall be
maintained or used as a source of food. No owner or animal shelter shall
dispose of a pet potbellied pig by use, sale, trade or gift of such pig as a
food source or as a research animal, but shall dispose of it only by sale,
trade or gift as a household pet, pursuant to this part, by surrender to the
animal control officer or to the Jacksonville Humane Society, or by
humane euthanasia to be administered by the animal control officer, the
Jacksonville Humane Society, or a licensed veterinarian. Failure to
comply with any provision of this section shall constitute an offense
punishable by a fine of five hundred dollars ($500.00).
All ordinance Code provisions and all Florida State Statutes which pertain
to cruelty to or humane treatment of animals and which are not
superseded by any specific provision of this part shall apply to the
ownership of pet potbellied pigs as regulated under this part.
(Ord. No. 95-13-106, § 1, 7-8-13)
(7)
Sec. 4-8. Legislative findings.
The legislature finds that dangerous dogs are an increasingly serious and widespread
threat to the safety and welfare of the people of this state because of unprovoked attacks which
cause injury to persons and domestic animals; that such attacks are in part attributable to the
failure of owners to confine and properly train and control their dogs; that existing laws
inadequately address this growing problem; and that it is appropriate and necessary to impose
uniform requirements for the owners of dangerous dogs.
(Ord. No. 95-13-106, § 1, 7-8-13)
Similar provisions, F.S. §§ 767.10-767.16.
Sec. 4-9. Injuries caused by animals.
(a) If an animal is off of the property of its owner or of the property of the person who
has custody of the animal and the animal attacks and injures any person or other
animal, the owner or person in custody of the animal shall be guilty of a violation
of this article.
(b) Violations of this section are punishable by a fine of five hundred dollars
($500.00).
(Ord. No. 95-13-106, § 1, 7-8-13)
Similar provisions, F.S. §§ 767.10-767.16.
Sec. 4-10. Dangerous dogs.
(a) Dangerous dog means any dog that according to the records of the appropriate
authority:
(1) Has aggressively bitten, attacked, endangered or has inflicted severe
injury on a human being on public or private property;
(2) Has severely injured or killed a domestic animal while off the owner's
property;
Has been used primarily or in part for the purpose of dog fighting or is a
dog trained for dog fighting; or
(4) Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent
attitude of attack, provided that such actions are attested to in a sworn
statement by one (1) or more persons and dutifully investigated by the
appropriate authority.
(b) Unprovoked means that the victim who has been conducting himself or herself
peacefully and lawfully has been bitten or chased in a menacing fashion or
attacked by a dog.
(c) Severe injury means any physical injury those results in broken bones, multiple
bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
(d) Proper enclosure of a dangerous dog means that the dog is securely and
humanely confined on the owner's property within a house, building, locked pen
or other enclosure that is designed to prevent the dangerous dog from escaping
over, under or through the enclosure (the "primary" enclosure). If the dog is
maintained outside, then a portion of the owner's property must be fenced with a
secured perimeter fence of sufficient height and strength to prevent entry by the
public and to prevent the dog's escape from the owner's property if the dog
escapes from the primary enclosure. Within the perimeter fence, the dog must be
humanely confined inside a primary enclosure consisting of a locked pen, kennel
or other structure of adequate size that provides protection from the elements.
The primary enclosure must have secure sides that are securely set into the
ground or into a concrete pad, and it must have a secure top attached to all
sides. The primary enclosure must be locked at all times when the dog is
unattended by either the owner or a competent custodian eighteen (18) years of
age or older. It is not considered a proper enclosure to simply chain, tether or
(3)
otherwise tie a dog to an inanimate object, such as a tree or post, inside a
perimeter fence.
(e) Animal control authority means an entity acting alone or in concert with other
local governmental units and authorized by them to enforce the animal control
laws of the city, county or state. In those areas not served by an animal control
authority, the sheriff shall carry out the duties of the animal control authority
under this act.
(f)
(g)
Animal control officer means any individual employed, contracted with, or
appointed by the animal control authority for the purpose of aiding in the
enforcement of this act or any other law or ordinance relating to the licensure of
animals, control of animals, or seizure and impoundment of animals and includes
any state or local law enforcement officer or other employee whose duties in
whole or in part include assignments that involve the seizure and impoundment
of any animal.
Owner means any person, firm, corporation or organization possessing,
harboring, keeping or having control or custody of an animal or, if the animal is
owned by a person under the age of eighteen (18), that person's parent or
guardian.
(Ord. No. 95-13-106, § 1, 7-8-13)
Similar provisions, F.S. §§ 767.10-767.16.
Sec. 4-11. Classification of dogs as dangerous; certification of registration; notice and
hearing requirements; confinement of animal; exemption; appeals; unlawful acts.
(a) (1) An animal control authority shall investigate reported incidents involving
any dog that may be dangerous and shall, if possible, interview the owner and
require a sworn affidavit from any person, including any animal control officer or
enforcement officer, desiring to have a dog classified as dangerous. Any animal
that is the subject of a dangerous dog investigation may be impounded with the
animal control authority. If the subject dog is not impounded, it shall be humanely
and safely confined by the owner in a securely fenced or enclosed area pending
the outcome of the investigation and resolution of any hearings related to the
dangerous dog classification. If the dog is within a private residence and the
occupant of the residence or the owner of the suspected dangerous dog refuses
to surrender it after a request by a LEO or ACO the animal control authority may
obtain, from a court of competent jurisdiction, a warrant to seize the dog. Failure
to surrender the dog upon request of the animal control officer is a violation of
this section subject to a five hundred dollar ($500.00) fine and/or any applicable
criminal penalty defined in state law. The address of where the animal resides
shall be provided to the animal control authority. No dog that is the subject of a
dangerous dog investigation may be relocated or ownership transferred pending
the outcome of an investigation or any hearings related to the determination of a
dangerous dog classification. In the event that a dog is to be destroyed, the dog
shall not be relocated or ownership transferred.
(2) A dog shall not be declared dangerous if the threat, injury, or damage
was sustained by a person who, at the time, was unlawfully on the
property or, while lawfully on the property, was tormenting, abusing, or
(3)
assaulting the dog or its owner or a family member. No dog may be
declared dangerous if the dog was protecting or defending a human being
within the immediate vicinity of the dog from an unjustified attack or
assault.
After the investigation, the animal control authority shall make an initial
determination as to whether there is sufficient cause to classify the dog as
dangerous and shall afford the owner an opportunity for a hearing prior to
making a final determination. The animal control authority shall provide
written notification of the sufficient cause finding, to the owner, by
registered mail, certified hand delivery, or service in conformance with the
provisions of chapter 48 relating to service of process. The owner may file
a written request for a hearing within seven (7) calendar days from the
date of receipt of the notification of the sufficient cause finding and, if
requested, the hearing shall be held as soon as possible, but not more
than twenty-one (21) calendar days and no sooner than five (5) days after
receipt of the request from the owner. Each applicable local governing
authority shall establish hearing procedures that conform to this
paragraph.
(4) Once a dog is classified as a dangerous dog, the animal control authority
shall provide written notification to the owner by registered mail, certified
hand delivery or service, and the owner may file a written request for a
hearing in the county court to appeal the classification within ten (10)
business days after receipt of a written determination of dangerous dog
classification and must confine the dog in a securely fenced or enclosed
area pending a resolution of the appeal. Each applicable local governing
authority must establish appeal procedures that conform to this
paragraph.
The owner of the dangerous dog shall be responsible for payment of all
boarding fees if their dog has been impounded during the investigation,
hearing or any appeal.
(b) Within fourteen (14) days after the dog has been classified as dangerous by the
animal control authority or a dangerous dog classification is upheld by the county
court on appeal, the owner of the dog must obtain a certificate of registration for
the dog from the animal control authority serving the area in which he or she
resides, that shall include at a minimum, the following information: name,
address and telephone number of the dog's owners; the address where the dog
is harbored if different from the owner's address; a complete identification of the
dog including sex, color and any distinguishing physical characteristics, a color
photograph of the dog. The certificate shall be renewed annually. The annual
cost for such certificate of registration shall be one hundred dollars ($100.00).
Animal control authorities are authorized to issue such certificates of registration,
and renewals thereof, only to persons who are at least eighteen (18) years of age
and who present to the animal control authority sufficient evidence of:
(1) A current certificate of rabies vaccination for the dog.
(2) A proper enclosure to confine a dangerous dog as defined in subsection
4-10(d) and the posting of the premises with a clearly visible warning sign
(5)
(3)
at all entry points that informs both children and adults of the presence of
a dangerous dog on the property.
Permanent identification of the dog, such as an electronic radio frequency
identification device (RFID) implantation (microchip).
(4) Liability insurance in the amount of at least three hundred thousand
dollars ($300,000.00), or a surety bond on said dog of at least three
hundred thousand dollars ($300,000.00), which bond shall obligate the
owners of any such dog to pay to the City of Atlantic Beach and to any
person injured by such dog any damages and expenses incurred as a
result of the conduct of such dog or its owners.
(5) The owner is responsible for payment of all boarding fees during the time
it takes to complete these requirements. If the owner does not comply
with all requirements of this subsection (b) within fourteen (14) days of the
final case disposition, ownership reverts to the city and the dog shall be
euthanized in an expeditious and humane manner. Notice of the potential
humane destruction of the animal for failure to comply shall be included in
the notice of final ruling on the dangerous dog.
(6) Proof that the dog has been surgically sterilized by a veterinarian.
(7) Dogs declared dangerous shall not be allowed in any off -leash dog park
within the City of Atlantic Beach.
(8) A dangerous dog declaration is permanent and may never be removed
from the dog once the determination has been finalized and the time for
all appeals has passed or the declaration has been affirmed on appeal.
In the event the owner elects to submit proof of the required liability insurance rather than a
surety bond, then in that event the owner must also submit proof that the owner has notified its
liability insurance company, in writing, that the owner's dog has been classified as dangerous,
together with written proof from the insurance company that it has been so notified and that
there are no exceptions or exclusions in the insurance policy for dog bites or dangerous dogs.
(c) The owner shall immediately notify the appropriate animal control authority when
a dog that has been classified as dangerous:
(1) Is loose or unconfined.
(2) Has bitten a human being or attacked another animal.
(3) Is sold, given away, or dies.
(4) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name, address,
and telephone number of the new owner to the animal control authority. The new owner must
comply with all of the requirements of this act and implementing local ordinances, even if the
animal is moved from one (1) local jurisdiction to another within the state. The animal control
officer must be notified by the owner of a dog classified as dangerous that the dog is in his or
her jurisdiction.
(d) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a
proper enclosure unless the dog is muzzled and restrained by a substantial chain
or leash and under control of a competent person. The muzzle must be made in
a manner that will not cause injury to the dog or interfere with its vision or
respiration but will prevent it from biting any person or animal. The owner may
exercise the dog in a securely fenced or enclosed area that does not have a top,
without a muzzle or leash, if the dog remains within his or her sight and only
members of the immediate household or persons eighteen (18) years of age or
older are allowed in the enclosure when the dog is present. When being
transported, such dogs must be safely and securely restrained within a vehicle.
No dangerous dog shall be chained, tethered or otherwise tied to any inanimate
object, such as a tree, post or building that is outside its proper enclosure.
(e) Hunting dogs are exempt from the provisions of this act when engaged in any
legal hunt or training procedure. Dogs engaged in training or exhibiting in legal
sports such as obedience trials, conformation shows, field trials,
hunting/retrieving trials, and herding trials are exempt from the provisions of this
act when engaged in any legal procedures. However, such dogs at all other
times in all other respects shall be subject to this and local laws. Dogs that have
been classified as dangerous shall not be used for hunting purposes
This section does not apply to dogs used by law enforcement officials for law
enforcement work.
(f)
(g)
Any person who violates any provision of this section is guilty of a noncriminal
infraction, punishable by a fine of five hundred dollars ($500.00).
(h) After a determination by the city that a dog is a dangerous dog, regardless of
whether the owner has requested a hearing before the special magistrate or has
filed an appeal to the county court, if the owner fails to comply with the
requirements of this chapter after proper notice has been given, then the dog
shall be impounded by the city and held pending final determination by the
special magistrate and subsequent appeal, if any, to the county court.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-12. Attack or bite by dangerous dog; penalties; confiscation; destruction.
(a) If a dog that has previously been declared dangerous attacks or bites a person or
a domestic animal without provocation, the owner is guilty of a misdemeanor of
the first degree, punishable as provided in F.S. § 775.082 or 775.083. In addition,
the dangerous dog shall be immediately confiscated by an animal control
authority, placed in quarantine, if necessary, for the proper length of time, or
impounded and held for ten (10) business days after the owner is given written
notification under F.S. § 767.12, and thereafter destroyed in an expeditious and
humane manner. This ten-day time period shall allow the owner to request a
hearing under F.S. § 767.12. The owner shall be responsible for payment of all
boarding costs and other fees as may be required to humanely and safely keep
the animal during any appeal procedure.
(b) If a dog that has not been declared dangerous attacks and causes severe injury
to or death of any human, the dog shall be immediately confiscated by an animal
control authority, placed in quarantine, if necessary, for the proper length of time
or held for ten (10) business days after the owner is given written notification
under F.S. § 767.12, and thereafter destroyed in an expeditious and humane
manner. This ten-day period shall allow the owner to request a hearing under
F.S. § 767.12. The owner shall be responsible for payment of all boarding costs
and other fees as may be required to humanely and safely keep the animal
during any appeal procedure. In addition, if the owner of the dog had prior
knowledge of the dog's dangerous propensities, yet demonstrated a reckless
disregard for such propensities under the circumstances, the owner of the dog is
guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§
775.082 or 775.083.
(c) If a dog that has previously been declared dangerous attacks and causes severe
injury to or death of any human, the owner is guilty of a felony of the third degree,
punishable as provided in F.S. §§ 775.082, 775.083, or 775.084. In addition, the
dog shall be immediately confiscated by an animal control authority, placed in
quarantine, if necessary, for the proper length of time or held for ten (10)
business days after the owner is given written notification under F.S. § 767.12,
and thereafter destroyed in an expeditious and humane manner. This ten-day
time period shall allow the owner to request a hearing under F.S. § 767.12. The
owner shall be responsible for payment of all boarding costs and other fees as
may be required to humanely and safely keep the animal during any appeal
procedure.
(d) If the owner files a written appeal under F.S. § 767.12 or this section, the dog
must be held and may not be destroyed while the appeal is pending.
(e) If a dog attacks or bites a person who is engaged in or attempting to engage in a
criminal activity at the time of the attack, the owner is not guilty of any crime
specified under this section.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-13. Bite by a police or service dog; exemption from quarantine.
Any dog that is owned, or the service of which is employed, by a law enforcement
agency, or any dog that is used as a service dog for blind, hearing impaired, or disabled
persons, and that bites another animal or human is exempt from any quarantine requirement
following such bite if the dog has a current rabies vaccination that was administered by a
licensed veterinarian.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-14. Severe injury by dog; impoundment; destruction.
Whether or not a dog has been previously classified as a dangerous dog, if a dog
attacks a human, causing severe injury to or the death of the human, then an animal control
officer shall be authorized to immediately impound the dog, placing it in quarantine, or otherwise
impounding it for ten (10) business days.
Thereafter, the dangerous dog may be destroyed in an expeditious and humane
manner. If, prior to the ten-day time period, the owner notifies the animal control authority in
writing of the owner's intent to challenge animal control authority's decision to destroy the dog,
the animal control authority shall continue to impound the dog so long as the owner either posts
bond, or pays by certified check payable to the city the estimated costs associated with
impounding the dog, as estimated by the animal control authority. To appeal the animal control
authority's final decision, the owner must file a written request for a hearing in the county court
within ten (10) business days after the animal control authority's final written decision to destroy
the dog. The owner shall be responsible for payment of all boarding costs, medical costs and
other fees and charges associated with the animal control maintaining the dog, regardless of the
outcome of any proceeding.
Exceptions: This section shall not apply to police dogs, and it shall not apply to incidents
when the human victim was engaging in criminal behavior, or when the human victim provoked
and/or taunted the dog into attacking.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-15. Abandoning animals.
It shall be unlawful for any person to abandon an animal. For purposes of this section, it
shall be considered abandonment if an animal is:
(1) Left upon or beside any street, road or other public property; or
(2) Left on private property; or
(3) If a maimed, sick, infirm or diseased animal is forsaken entirely and left to die.
A violation of this section shall subject the violator to a civil fine of up to five hundred
dollars ($500.00) per animal.
(Ord. No. 95-13-106, § 1, 7-8-13)
Secs. 4-16-4-23. Reserved.
ARTICLE II. DOGS AND CATS
Sec. 4-24. Running at large.
Sec. 4-25. Leashing.
Sec. 4-26. Damaging property.
Sec. 4-27.1. Habitual nuisance.
Sec. 4-28. Neglect; restraint by chaining; animal bites.
Sec. 4-29. Rabies vaccinations.
Sec. 4-30. Citations authorized; penalties provided.
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 to be found running at large on any of the public streets, parks,
playgrounds, 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 of not
less than three (3) days nor more than seven (7) days, except the animal may be released
sooner upon proper identification and upon the payment of a thirty dollar ($30.00) fee plus [an]
additional twenty-five dollars ($25.00) per day for the redemption of said animal. In the event
any animal has to be tranquilized with chemical capture equipment, then the redemption fee
shall be one hundred dollars ($100.00). If a dangerous dog is impounded for running at large,
then the redemption fee shall be one hundred fifty dollars ($150.00), with an additional one
hundred dollar ($100.00) fee if the dangerous dog has to be tranquilized with chemical capture
equipment.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-25. Leashing.
No dog shall be allowed off the property of its owner unless the dog is fastened to a
suitable leash of dependable strength not to exceed twelve (12) feet in length. Such leash must
be attached to a fixed object or specifically held by a person capable of controlling the animal.
On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed
to swim unleashed and then immediately put back on the leash before returning to the beach.
This does not include walking the dog in the water.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-26. Damaging property.
(a) It shall be unlawful for any person who shall own or be in control 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.
(c) It shall be a violation for any owner of a dog or cat to allow such dog or cat to
defecate on any property within the city other than the owner's private property
without immediately removing such defecation with some sort of material, utensil,
or suitable container and depositing the defecation in a trash container. When
walking a dog or cat on any property within the city, other than the owner's
property, the owner of that dog or cat shall carry some sort of material, utensil, or
suitable container with which to dispose of the defecation.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-27.1. Habitual nuisance.
(a) It shall be unlawful for the owner, or any person having temporary custody, of an
animal or animals to permit the animal(s), either willfully or through failure to
exercise due care or control, to commit a nuisance by running at -large habitually;
by chasing or running after vehicles or persons habitually; by trespassing upon
public or private school grounds habitually; by trespassing on private property
habitually and interfering with the reasonable use and enjoyment of the property;
by barking habitually or by making other objectionable animal noises habitually;
or by doing any other thing habitually which is so offensive as to create a
nuisance.
(b) For the purpose of this section, "habitually" means at least two (2) separate
occurrences within a time period of no more than one (1) month; except that
barking habitually, or making other objectionable animal noises habitually, means
making the sound persistently or continuously for at least thirty (30) minutes
occurring at least three (3) separate times within a period of no more than thirty
(30) days.
(c) This barking provision of this section shall not apply a properly permitted animal
shelter established for the care and/or placement of unwanted stray animals, nor
a properly zoned commercial boarding kennel nor a veterinarian office.
(d) Violations of this section shall be punishable by a fine of two hundred fifty dollars
($250.00) for a first offense or a five hundred dollar ($500.00) fine for a second or
subsequent offense within the preceding thirty -six-month period.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-28. Neglect; restraint by chaining; animal bites.
(a) It shall be unlawful for any person, whether owner, or anyone having charge,
custody or control thereof, to fail to provide an animal any one (1) of the
following:
(1) Clean, fresh, potable water of a drinkable temperature that is provided in
a suitable manner, in sufficient volume;
(2) Sufficient, wholesome food;
(3) Adequate shelter with sufficient floor, three walls and roof to protect the
animal from the weather, extreme temperature and direct sunlight;
(4) Sufficient exercise and wholesome exchange of air;
(5) Current and active veterinary care/treatment to prevent suffering;
(6) Placing or confining an animal or allowing it to be confined in an
unattended vehicle without sufficient ventilation or under such conditions
or for such a period of time as may reasonably be expected to endanger
the health or well-being of such animal due to heat, lack of water or such
circumstances as may be expected to cause suffering, debility or death.
a. A law enforcement officer (LEO) or animal control officer (ACO)
who finds an animal in a vehicle in violation of this section may
enter the vehicle by using the amount of force necessary to
remove the animal. A LEO or ACO who acts in substantial
compliance of the provisions of this section shall be immune from
civil and criminal liability; and the city shall also be held immune
from civil liability.
(b) Restraint by chaining may be used provided the following conditions are met:
(1) The chain or tether shall not weigh more than one-eighth (1/8) of the
animal's body weight;
(2) The chain or tether shall be at least ten (10) feet in length with swivels on
both ends;
(3)
The chain or tether shall be attached to a properly fitted collar or harness
worn by the animal; and
(4) The animal, while restrained by chain or tether, is able to access shelter
with sufficient floor, three (3) walls, and roof to protect the animal from the
weather, extreme temperatures and direct sunlight; and is able to access
sufficient water and sufficient wholesome food.
(5)
Animal control officers are authorized to remove and impound dangerous
dogs and/or dogs posing a threat to public safety from tethers where the
animal is accessible by children or the public without a secured fence or
enclosure. Boarding fees will be the responsibility of the owner of the
impounded dog.
(c) No owner of any animal shall permit the animal, either willfully or through failure
to exercise due care or control, to destroy or damage the property of another
including, but not limited to, the unprovoked biting, attacking, or wounding of
another person's animal. No owner of any animal shall permit the animal, either
willfully or through failure to exercise due care or control, to bite attack or wound
a human.
(d) A violation of this section is punishable by a fine of one hundred dollars ($100.00)
for an initial violation; two hundred fifty dollars ($250.00) for the second violation
within the preceding thirty-six (36) months and five hundred dollars ($500.00) for
a third or subsequent violation within the preceding thirty-six (36) months.
Exemption: the provisions of this section do not apply to police dogs.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-29. Rabies vaccinations.
(a) The owner of every dog, cat or ferret four months of age or older shall have it
vaccinated against rabies by a veterinarian. Said owner said obtain and maintain,
on an annual basis or duration of the valid vaccination, proof, from the
veterinarian who administered it, of a current rabies vaccination. If a veterinarian
administers a vaccination licensed by the United States Department of
Agriculture that is approved for three-year duration of immunity, a dog or cat may
be vaccinated at three (3) to four (4) months of age with a booster at one (1) year
and every three (3) years thereafter.
(1) A dog, cat or ferret is exempt from rabies vaccinations if a veterinarian
has examined the animal and has certified in writing that vaccinating the
animal at that time would endanger the animal's health because of its
age, infirmity, disability, illness or other medical considerations. An
exemption under this provision that extends beyond twelve (12) months
must be renewed annually through submission of a new exemption letter.
No exemption letter shall be deemed valid after one (1) year from the
date it was written.
(b) In order to protect the public's health and safety, no person shall be the owner of
or have as a pet or harbor within the city a known or potential rabies vector or
high risk animal that cannot be immunized against rabies including, but not
limited to, fox, raccoon, skunk, bat and bobcat.
(c) Suspected rabies cases will be handled according to the health code as
established by the State Department of Environmental Health (authorized by F.S.
§ 381.006).
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-30. Citations authorized; penalties provided.
(a) The city animal control officer or his designee as approved by the city manager
shall have the authority to issue citations to those people whose pets are found
to be in violation of this article and sections herein.
(b) Violations of this article shall be punishable by fines as follows:
General: Violations of the provisions of chapter 4, of the Atlantic Beach City Code are hereby
declared to be civil infractions for which there may be imposed by the county court a maximum
fine not to exceed five hundred dollars ($500.00). Unless cited for a violation for which court
appearance is mandatory, anyone cited with a violation of this chapter may pay a fine as
contained within the actual section or, if no fine is listed, as specified below in lieu of appearing
in county court. The fine specified shall be paid within the time specified below.
If a person fails to pay the civil fine within the time prescribed on the citation or fails to obtain a
court date, or having obtained a court date, fails to appear in court to contest the citation, then
the person shall be deemed to have waived the right to contest the citation. In such cases, final
judgment may be entered against the person in the maximum civil fine five hundred dollars
($500.00) allowed, which shall be payable within sixty (60) days from the date of execution of
the final judgment. Alternatively, the court may issue an order to show cause, requiring the
person to appear before the court to explain why action on the citation has not been taken. If
any person who is issued such an order fails to appear in response to the court's directive, that
person may be held in contempt of court in addition to having to pay the civil fine, court costs,
and restitution, as applicable.
(1) First offense: (The current offense is "first" offense if there have been no other
citations in the preceding thirty-six (36) months.) Fifty dollars ($50.00); if not paid
within fourteen (14) calendar days, the fine goes to seventy-five dollars ($75.00);
(2) Second offense: (The current offense is a second offense if there has been only
one (1) previous citation within the preceding thirty-six (36) months.) One
hundred fifty dollars ($150.00); if not paid within fourteen (14) calendar days, the
fine goes to two hundred fifty dollars ($250.00);
Third offense: (The current offense is a third offense if there has been two (2)
previous citations within the preceding thirty-six (36) months.) Two hundred fifty
dollars ($250.00); if not paid in fourteen (14) calendar days, fine goes to five
hundred dollars ($500.00).
(4) Fourth and subsequent offenses: (The current offense is a fourth or subsequent
offense if there have been three (3) or more previous citations within the
preceding thirty-six (36) months.) Five hundred dollars ($500.00) and a
mandatory court appearance. For citations involving a mandatory court
appearance, the citation shall specify that the court appearance is mandatory. If
a person so cited fails to appear within the time prescribed in the citation to
obtain a court date or having a court date, fails to appear in court, a default
(3)
judgment may be entered against the person in the maximum civil fine payable
within sixty (60) days from the date of execution of the final judgment.
(5) Anyone cited with a violation of this article who pays the required fines and then
goes three (3) years with no offenses shall return to the status of having no prior
offenses for the purposes of this section.
(6) An additional fine of one hundred dollars ($100.00) for any violation involving a
dog or cat in heat.
(c) A five dollar ($5.00) surcharge shall be assessed and collected upon each civil
penalty imposed for violation of an ordinance relating to animal control or cruelty
as authorized by F.S. § 828.27. The proceeds from such surcharge shall be used
only to assist in paying for the costs of training for animal control officers in
accordance with the requirements of F.S. § 828.27. Said civil penalty shall be
paid to the City of Atlantic Beach.
(d) The animal control officer shall have the authority to cite the owner or any person
having custody of an animal for a violation of this article when and only when:
(1) The officer has received from an adult witness a sworn affidavit attesting
to the animal having committed a violation pursuant to this article; or
(2) The animal control officer or other person duly authorized to enforce the
provisions of this chapter has witnessed the commission of a violation
under this article.
(Ord. No. 95-13-106, § 1, 7-8-13)
Chapter 5 BEACHES AND PARKS "" [1]
ARTICLE I. IN GENERAL
Sec. 5-1. Closing during emergencies.
Sec. 5-2. Sleeping on the beach.
Sec. 5-3. Lighting of fires.
Sec. 5-4. Littering.
Sec. 5-5. Surfboards.
Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities.
Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach.
Sec. 5-8. Parking of sailboats, catamarans, and vessels.
Secs. 5-9-5-15. Reserved.
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 refuse, when ordered, to remove
him/herself from any area which has been closed by the director of public safety.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-2. Sleeping on the beach.
It shall be unlawful for anyone to camp or sleep on the beach from 11:00 p.m. to 6:00
a.m. without first receiving permission from the city manager.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-3. Lighting of fires.
It shall be unlawful for anyone to start, maintain, allow, or have an open fire on the beach
unless permission is approved in writing by the city manager or his designee. The city may
require a twenty-five dollar ($25.00) non-refundable application fee, and a deposit not to exceed
two (2) times the estimated costs of clean-up, to assure that the requesting entity complies with
all conditions of the permit.
This section does not prohibit fires in self contained, commercially available heating
devices fueled by gas. Heating devices fueled by wood, charcoal, or similar materials shall be
prohibited.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-4. Littering.
It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab,
cigarette butts, or other type of refuse upon the beach in the city.
(Ord. No. 95-03-83, § 1, 1-27-03)
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 bound to either the ankle or wrist of the surfer.
(Ord. No. 95-03-83, § 1, 1-27-03)
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.
(Ord. No. 95-03-83, § 1, 1-27-03)
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. Personal watercraft, sailboats, and similar
watercraft, which require transport by use of a motor vehicle, will only be launched at the
Atlantic Boulevard ramp.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-8. Parking of sailboats, catamarans, and vessels.
(a) It shall be unlawful for any person to park or leave unattended a sailboat,
catamaran, or other vessel on the beach for more than seventy-two (72) hours
without first notifying and receiving permission from the chief of police or his
designee. A sailboat, catamaran, or vessel shall only be allowed to park over
seventy-two (72) hours between May 1 to September 30 of each year. At no time
will any sailboat, catamaran, or other vessel be allowed to park west of the dune
line, on a beach access, or public right-of-way.
(b) Before the chief of police or his designee gives permission for the owner of a
sailboat, catamaran, or other vessel to be parked over seventy-two (72) hours on
the beach, the owner must provide proof of ownership, description, serial
number, hull number or other identification number, and the location desired for
parking same. Permission to park, and the location requested, is at the sole
discretion of the chief of police. The chief of police may develop additional rules
to govern such parking to protect the public's safety.
(c) Any person who parks a sailboat or catamaran or other vessel in violation of this
section is subject to having such sailboat, catamaran, or other vessel towed at
the owner's expense.
(Ord. No. 95-03-83, § 1, 1-27-03)
Secs. 5-9-5-15. Reserved.
ARTICLE II. BEACH SAFETY ZONE
Sec. 5-16. Use of vehicles.
Sec. 5-17. Animals.
Secs. 5-18-5-30. Reserved.
Sec. 5-16. Use of vehicles.
It shall be unlawful for any person to propel, operate or drive any motorized vehicle at
any time on the ocean beach unless permission is approved in writing by the city manager or his
designee.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-17. Animals.
It shall be unlawful for any person to have or allow horses, mules, cows, cattle, chickens,
poultry or goats on the ocean beach.
(Ord. No. 95-03-83, § 1, 1-27-03)
Secs. 5-18-5-30. Reserved.
ARTICLE III. PUBLIC PARKS
Sec. 5-31.
Sec. 5-32.
Sec. 5-33.
Public parks' use prohibited after dark.
User fees for parks and recreation facilities.
Enforcement of park rules and regulations.
Sec. 5-31. Public parks' use prohibited after dark.
It shall be unlawful for any person or groups of persons to congregate in or about or
traverse through any public parks:
(a) Between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m., whichever
is later, except as follows:
(1) When using lighted public facilities in public parks, such as ball fields and
tennis courts, provided such use shall never be later than 10:00 p.m.;
(2) When an organized event has been approved by the parks and recreation
department.
(b) When a park or parks have been officially closed by the city for maintenance,
construction, repairs, and the like, and has been so posted.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-32. User fees for parks and recreation facilities.
The use of public parks and recreation facilities within the city and fees for such use
shall be as set forth within this section.
(a) One-time events at the Jordan Park Community Center or Donner Park
Community Center.
(1) One hundred dollars ($100.00) for four (4) hours and twenty-five dollars
($25.00) for each additional hour.
(2) Deposit required: Two hundred dollars ($200.00), refundable if no
damage to facility, the facility is cleaned after use and no violation of park
rules or city ordinances.
(b) Recurring use of any city facility or park by 501(c)(3) not-for-profit groups,
neighborhood or homeowner associations with approved user agreement for six
(6) or more times per year during nonpremium hours.
(1) Twenty-five dollars ($25.00) per event or activity.
(2) Deposit required: Fifty dollars ($50.00), refundable if no damage to
facility, the facility is cleaned after use and no violation of park rules or
city ordinances.
(3) "Premium hours" are identified as:
Friday 5:00 p.m. or later
Saturday All day
Sunday Noon or later
A repetitive use not-for-profit, homeowner, or neighborhood association may request usage of
premium days/times at the twenty-five dollars ($25.00) per event rate. However, within seven (7)
days of the scheduled event, if another group wishes to rent the facility at the full usage rate,
then the repetitive use not-for-profit, homeowner, or neighborhood association may be relocated
to another facility.
If a repetitive use not-for-profit, homeowner, or neighborhood association wishes to secure the
facility for premium days/times, then they will be required to pay the full usage fees for the
rental.
(c) Private events at the Adele Grage Cultural Center, Monday through Thursday:
(1) Fifty dollars ($50.00) per hour with a maximum daily fee of four hundred
dollars ($400.00).
(2) Deposit required: Two hundred dollars ($200.00), refundable if no
damage to facility, the facility is cleaned after use and no violation of park
rules or city ordinances.
(d) Individual events at the Adele Grage Cultural Center, Monday through Thursday,
by 501(c)(3) not-for-profit groups, neighborhood or homeowner associations:
(1) Twenty-five dollars ($25.00) per hour with a maximum daily fee of three
hundred twenty dollars ($320.00).
(2) Deposit required: Two hundred dollars ($200.00), refundable if no
damage to facility, the facility is cleaned after use and no violation of park
rules or city ordinances.
(e) Private events at the Adele Grage Cultural Center, Friday through Sunday:
(1) One hundred dollars ($100.00) per hour with a maximum daily fee of eight
hundred dollars ($800.00).
(f)
(g)
(2) Deposit required: Two hundred dollars ($200.00), refundable if no
damage to facility, the facility is cleaned after use and no violation of park
rules or city ordinances.
Individual events at the Adele Grage Cultural Center, Friday through Sunday, by
501(c)(3) not-for-profit groups, neighborhood or homeowner associations:
(1) Fifty dollars ($50.00) per hour with a maximum daily fee of six hundred
dollars ($600.00).
(2) Deposit required: Two hundred dollars ($200.00), refundable if no
damage to facility, the facility is cleaned after use and no violation of park
rules or city ordinances.
For events or activities at any city facility involving the use of alcoholic
beverages. The provisions of chapter 3 of this Code shall also apply.
(1) One hundred dollars ($100.00) per hour for any event serving beer, wine
or any type of alcoholic beverages.
(2) Requires off-duty police officer paid by rental party at prevailing hourly
rate.
(3) Must receive prior approval of a special event permit from the city
manager.
(4) Use of alcoholic beverages is not permitted in city parks or on the beach,
and alcoholic beverages must be contained within the building approved
to host such event.
(5) No fee, ticket or other type of compensation shall be charged for alcoholic
beverages at any activity at city facilities.
(6) Violation of these rules may [be] cause for forfeiture of any deposits.
(h) Lost key charge: Eight dollars ($8.00); lost security card: Twenty dollars ($20.00).
(i) Beach bonfire.
(1) Twenty-five dollars ($25.00) per activity on beach with bonfire or any type
of open flame.
(2) Approval of a fire permit by the parks and recreation department is
required. Permit must be requested and approved during regular city
weekday work hours at least twenty-four (24) hours prior to activity.
(j) Summer Camp at Donner Park Community Center and Jordan Park
Community Center.
(1) Forty-five dollars ($45.00) per week per child.
(2) Fifty dollars ($50.00) per child for the duration of the summer
camp for children who qualify for free or reduced -price school
lunches.
(k) Camping at Dutton Island Preserve.
(1) Twenty-five dollars ($25.00) per campsite.
(I) Events at any city facility put on by any unit of federal, state or local
government shall be exempt from any of the fees required in this section.
(m) All special events requests not previously addressed in this section of the
City Code will be assessed a twenty-five dollar ($25.00) application fee
when submitted for processing.
(n) Sales tax for the rental of city facilities shall be the responsibility of the
renters.
(Ord. No. 95-03-82, § 1, 1-27-03; Ord. No. 95-05-89, § 1, 4-11-05; Ord. No. 95-07-93, § 1,
2-26-07; Ord. No. 95-10-100, § 1, 5-10-10; Ord. No. 95-12-105, § 1, 5-14-12)
Sec. 5-33. Enforcement of park rules and regulations.
All city employees shall have the authority to enforce the rules and regulations of the
city's public parks. The primary enforcement agents shall be parks and recreation staff members
and police officers.
(a) First violation. First violations of park rules and regulations will result in the
violator being verbally warned by the city employee. If the violator is a juvenile,
then the employee will obtain parental/guardian information and contact the
juvenile's parent/guardian and inform the parent/guardian of the warning. All
records of warnings will be purged after ninety (90) days unless there are
subsequent violations.
(b) Second violation within ninety (90) days of first offense. If the violator is a
juvenile, then the parks and recreations staff will contact the juvenile's
parent/guardian and contact the police to complete a trespass after warning
(TAW) form for thirty (30) days. The juvenile information will be purged after
ninety (90) days unless there are subsequent violations.
If the violator is an adult, then parks and recreations staff will contact the police to complete a
trespass after warning (TAW) form for thirty (30) days.
(c) Third and subsequent violations within ninety (90) days of the second offense. If
the offender is a juvenile, the parks and recreation staff will contact the juvenile's
parent/guardian and contact the police to complete a trespass after warning
(TAW) form for one (1) year. The juvenile information will be purged after ninety
(90) days unless there are subsequent violations.
If the violator is an adult, then parks and recreations staff will contact the police to complete a
trespass after warning (TAW) form for one (1) year.
(d) [Violations of state law.] Trespassing violations will be handled as violations of
state law.
(e) Authority to regulate park activities. Members of the parks and recreation
department and the police department are authorized to:
(1) Direct any individual to leave any city public park or any specific area of
any city park, and to complete a trespass after warning notice prohibiting
an individual from returning to a city park or any specific area of a city
park based on the individual's violation of posted park rules or violations
of criminal codes and/or statutes.
(2) Close down a city park or any portion of a city park due to violations of
park rules, violations of criminal codes and/or statutes, or due to public
safety concerns.
(Ord. No. 95-06-91, § 1, 4-10-06)
Chapter 6 BUILDINGS AND BUILDING REGULATIONS "i[1]
ARTICLE I. IN GENERAL
Secs. 6-1-6-15. Reserved.
Secs. 6-1-6-15. Reserved.
ARTICLE II. BUILDING CODE """[2]
Sec. 6-16. Adoption of Florida Building Code.
Sec. 6-17. Same—Amendments.
Sec. 6-18. Construction site management.
Secs. 6-19-6-23. Reserved.
Sec. 6-24.
Sec. 6-25.
Sec. 6-26.
Nonhabitable major structures; residential dune crossover structures.
Boathouses, docks and gazebos on docks.
Schedule of building permit fees.
Secs. 6-27-6-30. Reserved.
Sec. 6-16. Adoption of Florida Building Code.
There is hereby adopted, subject to any modifications, changes and amendments set
forth in this article, and 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 Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended
from time to time so that the latest edition of the Florida Building Code shall apply and the
International Property Maintenance Code, most recent edition, of which not less than three (3)
copies have been and are now filed in the office of the city clerk, and the same are 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.
(Ord. No. 25-02-32, § 2, 11-11-02; Ord. No. 25-08-38, § 1.A.(1), 2-25-08)
Sec. 6-17. Same—Amendments.
The Florida Building Code adopted by section 6-16 is hereby modified, changed and
amended to include the following:
(a) Building department.
(1) Establishment. There is hereby established a department to be called the
building department and the person in charge shall be known as the
building official.
(2) Designation of administrator, deputy, inspectors; conflicts of interest.
a. The building official, inspection division, development services
department, is hereby designated as the administrative authority
responsible for interpretation and enforcement of the provisions of
this chapter and the Florida Building Code, with the exception of
Chapters 9 and 36, which are assigned to the fire chief for
enforcement in its entirety.
b. The administrative authority shall be referred to as the building
official.
(3)
c. The building official may appoint such number of officers,
inspectors, assistants, and other employees as shall be
authorized from time to time. The minimum qualification
requirements for each employee so authorized shall be as
established by the personnel rules and regulations and the official
position descriptions of the city.
d. The building official may designate as his deputy an employee in
the division who shall, during the absence or disability of the
building official, exercise all powers of the building official.
Restrictions on employees. An officer or employee connected with the
department, except one whose only connection is as a member of the
board established by this code, shall not be financially interested in the
furnishing of labor, material or appliances for the construction, alteration
or maintenance of a building, structure, service, system, or in the making
of plans or of specifications thereof, unless he is the owner of such. The
officer or employee shall not engage in any other work which is
inconsistent with his duties or conflict with the interests of the department.
Records. The building official shall keep, or cause to be kept, a record of
the business of the department. The records of the department shall be
open to public inspection.
Liability. Any officer or employee, or member of the board of adjustments
and appeals, charged with the enforcement of this code, acting for the
applicable governing authority in the discharge of his duties, shall not
thereby render himself personally liable, and is hereby relieved from all
personal liability, for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his duties.
Any suit brought against any officer or employee or member because of
such act performed by him in the enforcement of any provision of this
code shall be defended by the department of law until the final termination
of the proceedings.
(6) Reports. The building official shall submit annually a report covering the
work of the building department during the preceding year. He may
incorporate in said report a summary of the decisions of the board of
adjustments and appeals during said year.
(b) Powers and duties of the building official.
(1) General. The building official is hereby authorized and directed to enforce
the provisions of this code. The building official is further authorized to
render interpretations of this code, which are consistent with its spirit and
purpose.
(2) Right of entry. Whenever necessary to make an inspection to enforce any
of the provisions of this code, or whenever the building official has
reasonable cause to believe that there exists in any building or upon any
premises any condition or code violation which makes such building,
structure, premises, electrical, gas, mechanical or plumbing systems
unsafe, dangerous or hazardous, the building official may enter such
building, structure or premises at all reasonable times to inspect the same
or to perform any duty imposed upon the building official by this code. If
such building or premises are occupied, he shall first present proper
credentials and request entry. If such building, structure or premises are
unoccupied, he shall first make a reasonable effort to locate the owner or
other persons having charge or control of such and request entry. If entry
is refused, the building official shall have recourse to every remedy
provided by law to secure entry.
When the building official shall have first obtained a proper inspection warrant or other remedy
provided by law to secure entry, no owner or occupant or any other persons having charge, care
or control of any building, structure, or premises shall fail or neglect, after proper request is
made as herein provided, to promptly permit entry therein by the building official for the purpose
of inspection and examination pursuant to this Code.
(3)
Stop work orders. Upon notice from the building official, work on any
building, structure, electrical, gas, mechanical or plumbing system that is
being done contrary to the provisions of this code or in a dangerous or
unsafe manner, shall immediately cease. Such notice shall be in writing
and shall be given to the owner of the property, or to his agent, or to the
person doing the work, and shall state the conditions under which work
may be resumed. Where an emergency exists, the building official shall
not be required to give a written notice prior to stopping the work.
(4) Revocation of permits.
a. Misrepresentation of application. The building official may revoke
a permit or approval, issued under the provisions of this code, in
case there has been any false statement or misrepresentations as
to the material fact in the application or plans on which the permit
or approval was based.
b. Violation of code provisions. The building official may revoke a
permit upon determination by the building official that the
construction, erection, alteration, repair, moving, demolition,
installation or replacement of the building, structure, electrical,
gas, mechanical or plumbing systems for which the permit was
issued is in violation of, or not in conformity with, the provisions of
this code.
Unsafe building or structure. For the purpose of this Code, any building or
structure which has any or all of the conditions or defects hereinafter described,
shall be deemed a public nuisance and an unsafe, substandard, and dangerous
building, provided that such conditions or defects exist to the extent that the life,
health, property, or safety of the public or its occupants are endangered or to the
extent that such building or structure creates a substantive adverse effect to the
surrounding neighborhood, business environment or property values. Such
structures and buildings shall be abated in accordance with the procedures of the
2006 International Property Maintenance Code.
a. Whenever any door, aisle, passageway, stairway, or other means of exit
is not of sufficient width or size, or is not so arranged as to provide safe
and adequate means of exit in case of fire or panic.
b. Whenever the stress in any material, member, or portion thereof, due to
all dead and live loads, is more than one and one-half (1Y2) times the
working stress allowed in the Florida Building Code, for new buildings of
similar structure, purpose or location.
c. Whenever any portion thereof has been damaged by fire, wind, flood or
by any other cause, to such an extent that the structural strength or
stability thereof is materially less than it was before such catastrophe and
is less than the minimum requirements of the Florida Building Code, for
new buildings of similar purpose, or location.
d. Whenever any portion or member or appurtenance thereof is likely to fail
or to become detached or dislodged, or to collapse and thereby injure
persons or damage property.
e. Whenever any portion of a building, or any member, appurtenance, or
ornamentation on the exterior thereof is not of sufficient strength or
stability, or is not anchored, attached, or fastened in place so as to be
capable of resisting a wind pressure of one-third (1/3) of that specified in
the Florida Building Code, for new buildings of similar structure, purpose,
or location without exceeding the working stresses permitted in the said
Florida Building Code for such buildings.
f. Whenever any portion thereof has wracked, warped, buckled, or settled to
such an extent that walls or other structural portions have materially less
resistance to winds than is required in the case of similar new
construction.
g.
Whenever the building or structure, or any portion thereof, is likely to
partially or completely collapse because of:
1. dilapidation, deterioration, or decay;
2. faulty construction;
3. the removal, movement, or instability of any portion of the ground
necessary for the purpose of supporting such building;
4. the deterioration, decay or inadequacy of its foundation.
h. Whenever, for any reason, the building or structure, or any portion thereof
is manifestly unsafe for the purpose for which it is being used.
Whenever the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the center
of gravity does not fall inside the middle one-third (1/3) of the base.
Whenever the building or structure, exclusive of the foundation shows
thirty-three (33) percent or more damage or deterioration of its supporting
member or members, or fifty (50) percent damage or deterioration of its
nonsupporting members, enclosing or outside walls or coverings.
k. Whenever the building or structure has been so damaged by fire, wind or
flood, or has become so dilapidated or deteriorated as to become:
1. an attractive nuisance to children;
2. a harbor for vagrants, criminals; or
3. as to enable persons to resort thereto for the purpose of
committing unlawful acts.
Whenever any building or structure has been constructed, or exists or is
maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the building
regulations of Atlantic Beach, as specified in the Florida Building Code, or
International Housing Code relating to the condition, locations, or
structure of buildings.
m. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has any
nonsupporting part, member or portion less than thirty-three (33) percent,
or in any supporting part, member or portion less than fifty (50) percent of
the (1) strength, (2) fire -resisting qualities or characteristics, or (3)
weather -resistant qualities or characteristics required by law in the case
of a newly constructed building of like area, height, and occupancy in the
same location.
n. Whenever a building or structure, used or intended to be used for
dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction, or arrangement, inadequate light, air,
or sanitation facilities, or otherwise, is determined by a State of Florida
Health Official to be unsanitary, unfit for human habitation, or in such
conditions that is likely to cause sickness or disease.
o. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure, or whenever any
building or structure is abandoned for a period in excess of six (6) months
so as to constitute such building or portion thereof an attractive nuisance
or hazard to the public.
Whenever any building or structure has been neglected or been allowed
to deteriorate to such an extent that it has a blighting influence on the
surrounding neighborhood. Such condition should be determined by
p.
common, reasonable observation of the building structure's exterior
cladding.
(6) Requirements not covered by code. Any requirements necessary for the
strength, stability or proper operation of an existing or proposed building,
structure, electrical, gas, mechanical or plumbing system, or for the public
safety, health and general welfare, not specifically covered by this or the
other technical codes, shall be determined by the building official.
(Ord. No. 25-02-32, § 2, 11-11-02; Ord. No. 25-08-38, § 1.A.(2), (3) 2-25-08; Ord. No. 25-08-40,
§ 2, 8-25-08)
Sec. 6-18. Construction site management.
(a) Issuance of permit. No building permit shall be issued unless a construction site
management plan has been submitted and approved by the building official.
Persons who intend to make any of the following improvements: lot clearing,
grading, stockpiling of soil, demolition, building construction or reconstruction,
building alteration or addition shall designate either a licensed contractor or
owner -builder for the purposes of the construction site management
requirements. These requirements set minimum standards for the operation of
the project site to eliminate or minimize impacts to the site and to the
neighborhood to include containment of sediment, surface water discharge,
erosion of soil, vehicle parking and loading area, traffic control, fencing,
placement of materials, safety, neatness and cleanliness.
(b) Construction site management plan. Contractor shall submit a construction site
management plan with a building permit application which includes the following
submittal requirements unless waived by the building official:
(1) Location of proposed demolition.
(2) Grading and drainage surface water management plan for street and
project site, chapter 24, article III, division 3, section 24-67 including:
a. Drainage plan during construction in compliance with subsection
(d).
b. Final grading and drainage plan upon completion of construction
for street and project site in compliance with chapter 22, utilities
and approval by public works.
Parking plan, including:
a. Location of onsite and abutting street parking area.
b. Offsite parking plan in compliance with subsection (e)(4) and the
following:
1. A single access with dimensions;
2. Buffering for adjacent waterways and streets, as approved
by the building official;
3. A temporary fence location, height and type of fence with
screening.
(3)
(4) Fencing plan, showing location, height and type of fence with screening
or evidence that proposed construction does not warrant a construction
fence in compliance with subsection (g)(6) as determined by the building
official.
(5) Location of construction trailer(s), loading/unloading area and material
storage area.
(6) Location of chemical toilet(s).
(7) Location of dumpster.
(8) Traffic control plan, showing access with dimensions, area to be
stabilized, narrative on phasing of construction with provision of adequate
parking and delivery of materials.
Other activities, where special conditions are identified by the building
official.
(9)
(c) Approval/waivers. The building official shall review, approve or deny the
construction site management plan. The building official is hereby authorized to
grant waivers from submittal requirements and corresponding standards:
(1) If the requirement is unrelated to proposed development; or
(2) If the impact of the proposed development is negligible in the submittal
requirement area.
(d) Parking during development of project.
(1) Parking on-site. Contractor shall provide for parking on the project site
and abutting right-of-way to the greatest degree possible. Alternative
parking sites may include adjacent vacant lot or offsite parking lots in the
immediate area as approved in the site management plan.
(2) Access. Use of the public right-of-way for access to and from the project
site as shown on the construction site management plan shall be strictly
managed by the contractor. Contractor shall maintain the public street
adjacent to the project site free of dirt, sand or any other debris resulting
from construction activities. The public right-of-way adjacent to the project
site shall be broom swept on a regular basis keeping it free of dirt, sand
and other debris. Failure to remove said material on the day of
occurrence is a violation.
(3)
Temporary graveled or stabilized area for construction access and
parking. Contractor shall provide a graveled or stabilized area as shown
in the construction site management plan. The stabilized area shall be
located at points where vehicles enter and exit the construction site and
the parking location. When a right-of-way area is used for parking, the
contractor shall provide a graveled or stabilized area on the right-of-way.
Upon completion of the project, the contractor shall restore the
right-of-way to its original condition or better. The purpose of the graveled
or stabilized area at the entrance to the project site is to eliminate and
reduce tracking or flow of sand, mud, concrete wash or other related
material onto the right-of-way.
(4) Offsite parking. If the construction site management plan illustrates
proposed parking in the right-of-way, the application shall be
accompanied by a city right-of-way permit. The building official may
temporarily permit offsite parking on vacant lots other than the project site
with the written permission of the owner of the lot where the vehicles are
to be parked and in compliance with the following standards:
a. Compliance with the construction site management plan.
b. The lot shall be used for parking only.
c. There shall be no storage of materials, trailers or construction
equipment.
d. There shall be no loading and unloading of materials or
machinery.
e. Parking within the right-of-way abutting the off-site parking lot may
be approved by the building official. Sufficient ingress and egress
to the vacant lot must be maintained.
f A temporary six-foot fence with fabric or screen or other materials
as approved by the building official shall be located at the front,
side, and rear lot line of the temporary parking area except where
a lot line is located on the water. Where a lot line is along the
water, the fence shall be placed no closer to the water than the
yard setback line and shall not exceed three (3) feet in height. The
fence gate shall remain locked during non -working hours. The
fencing shall remain on-site until the off-site parking is no longer
needed to complete the project site and shall be removed prior to
issuance of a certificate of occupancy for the project site.
The offsite parking shall occur no earlier than 7:00 a.m. and no
later than 6:30 p.m. Loitering is prohibited.
h. The offsite parking lot shall be restored to its original condition
prior to issuance of a certificate of occupancy for the project site
and shall include proper grading, replacement of trees, planting of
grass and other landscape material as approved by the property
owner.
g.
(e) Material storage. Material associated with the project site including equipment
shall be neatly stored on the site (within the fenced area when applicable). The
storage of material shall not obstruct access to the structure under construction
or create a public safety hazard. All loading or unloading of materials and/or
equipment is limited to the construction site and adjacent right-of-way.
Construction fencing. A project site that meets the following standards is required
to install a construction fence which means a temporary six-foot chain link fence
with fabric, or other screening material.
(1) Clearing, grading or demolition. A construction fence is required where
clearing, grading, stockpiling of soil or demolition is proposed as follows:
a. A lot located in the residential or commercial zoning districts shall
install a fence on the front, side, and rear lot lines prior to
(f)
commencement of clearing, grading or demolition. Fencing may
be removed upon final electrical inspection.
b. All other lots shall install a fence on the side and rear lot lines.
Fencing may be removed upon final electrical inspection.
(2) Major remodeling. Major remodeling shall mean an increase in the
building volume of ten thousand (10,000) cubic feet or more; or an
increase in the building footprint of one thousand (1,000) square feet or
more; or new construction with a building footprint of one thousand
(1,000) square feet or more. A construction fence is required for major
remodeling as follows:
a. A lot located in the residential or commercial zoning districts shall
install a fence on the front, side and rear lot lines. Fencing may be
removed upon final electrical inspection.
(3)
b. All other lots shall install a fence on the side and rear lot lines.
Fencing may be removed upon final electrical inspection.
Major alteration. Major alteration shall mean where fifty (50) percent or
more of the gross square footage of an existing structure is proposed for
reconstruction, rehabilitation, removal of wall(s), alteration or other
improvement excluding replacement of the roof. A construction fence is
required for major alteration as follows:
a. A lot located in the residential or commercial zoning districts shall
install a fence on the front, side and rear lot lines. Fencing may be
removed upon final electrical inspection.
b. All other lots shall install a fence on the side and rear lot lines.
Fencing may be removed upon final electrical inspection.
(4) Exception from six foot height requirement.
a. Where a construction fence is required and the property line is
located on the water in any zoning district, that portion of the
construction fence along the water shall be located no closer than
the yard setback line at a height no higher than three (3) feet.
b. In a zoning on a waterfront facing the rear yard lot, the side lot line
fence shall be lowered to three (3) feet for that portion which is the
greater of:
1. Thirty (30) feet from the mean highwater line; or
2. Thirty (30) feet from the platted waterfront building line.
Alternative to fence. An existing hedge or visual barrier of at least six (6)
feet in height along any lot line may be considered an equivalent of the
construction fence. The contractor shall make this request in writing to the
building official.
(6) Exception to installation of construction fence. Where a construction
fence would be required for a residential lot pursuant to subsection (1)b.,
(2)b., or (3)b., and contractor obtains a construction fence waiver from the
adjacent property owner or tenant that abuts the project site, the building
(5)
(g)
(7)
official may waive the requirement for all or a portion of the construction
fence.
Installation. Installation of a construction fence shall occur prior to any
construction activity or material deliveries. The fence shall not be placed
so as to create a public safety hazard. Where the project site is enclosed
by a fence, the fence gate shall be locked during nonworking hours.
Signs. A twelve inches by eighteen inches (12" x 18") sign shall be posted by the
contractor on the project site in the location approved on the construction site
management plan which is readable from the street. The sign shall contain the
street address of the property, phone number for the City of Atlantic Beach and
the name and phone number of the general contractor. The sign is exempt from
chapter 17. This sign shall be maintained in a readable condition until completion
of construction.
(h) Site cleanliness. Contractor shall have the entire construction site cleaned by
Friday of each week. Cleaning for purposes of this section means, without
limitation, removal and placement into a dumpster of scrap lumber, concrete
remnants and roof tile from the project site. The project site shall be free of all
loose debris such as cans, metal, plastic and paper.
(i) Temporary trailer. When a temporary trailer is proposed and a construction fence
is required, it shall be located on the project site within the fence at the location
shown on the construction site management plan.
(j) Chemical toilets. Chemical toilets shall be located inside the project fence and
accessible for servicing. Where a fence is not required, the contractor shall locate
the chemical toilet facing towards the rear of the project site and no further than
fifteen (15) feet from the structure under construction except where another
location has been authorized by the building official due to the size of the lot and
ease of access to the chemical toilet.
(k) Landscaping. Damage to any landscaping on an abutting or adjacent property as
a result of the construction shall be replaced and restored at the contractors
expense to its original condition. Failure to replace and repair is a violation.
(I) Dumpster. Construction site dumpster shall be located inside the fence. Where a
fence is not required, it shall be located on the project site. The dumpster shall be
emptied in a timely fashion so there is no overflow of debris or litter. All
dumpsters will have tarp covers or rigid covers during windy days. Prior to a
certificate of occupancy being issued, the dumpster shall be removed from the
site.
(m)
Limitation of certain construction activities. Pile driving and steel erection activity
shall be limited to Monday through Friday, excluding federal holidays, during the
hours between 8:00 a.m. in the morning until 5:00 p.m. in the evening. Demolition
activity shall be limited to Monday through Friday, excluding federal holidays,
during scheduled work hours between 8:00 a.m. in the morning and 5:00 p.m. in
the evening.
(n) Construction related traffic control. A contractor, owner, vehicle operator or any
persons associated with the project site who impedes or obstructs the public
right-of-way shall be in violation of this Code. Parking, loading, unloading or any
related activity on the public right-of-way is prohibited unless consistent with
section.
(o) Weather emergency. It is the responsibility of the contractor to remove
construction materials from the project site or secure construction materials at
the project site commencing with issuance of a tropical storm or hurricane
warning announcement until the time set forth in subsection (4).
(1) Declaration. When the National Weather Service, National Hurricane
Center or appropriate weather agency declare a tropical storm warning or
a hurricane warning for any portion of Duval County, Florida, all
construction materials, including roof tiles, on all project sites within the
city shall be secured and stored onsite in a safe manner or removed so
that no material can become a safety hazard with hurricane or tropical
storm force winds.
(p)
(2) Notice. Media broadcasts or notices issued by the National Weather
Service or National Hurricane Center of a tropical storm warning or a
hurricane warning is hereby deemed notice to the contractor. The
contractor is responsible for the project site by securing onsite or
removing from the site any construction materials or debris to protect
against the effect of hurricane or tropical storm force winds. By holding a
building permit during hurricane season, contractor shall monitor the
National Weather Service and the National Hurricane Center for weather
emergencies.
Materials. Materials stockpiled on top of any structure under construction
shall be handled as follows:
(3)
a. Band construction materials together and fasten them to the top of
the structure in such a manner to prevent the material from
becoming airborne during a tropical storm or hurricane; or
b. Remove construction materials from the top of the structure and
secure them to the ground; or
c. Remove construction materials from the project site; or
d. Store construction materials inside a structure if said structure is
secure from tropical or hurricane force wind loads.
(4) Construction materials, debris or any material capable of becoming
airborne shall remain secured and stored on the project site or shall be
removed from the project site until the National Weather Service or
National Hurricane Center has removed all portions of Collier County from
those areas included in a tropical storm warning or hurricane warning.
Nuisance. A nuisance maintained on a project site is a violation of this Code.
(Ord. No. 25-04-35, 3-8-04)
Secs. 6-19-6-23. Reserved.
Sec. 6-24. Nonhabitable major structures; residential dune crossover structures.
Nonhabitable major structures need not meet the specific structural requirements of
section 6-23, except that they shall be designed to produce the minimum adverse impact on the
beach and dune system and shall comply with the applicable standards of construction found
elsewhere in this Code. All sewage treatment and public water supply systems shall be
floodproofed to prevent infiltration of surface water anticipated under design storm conditions.
Underground utilities, excluding pad transformers and vaults, shall be floodproofed to prevent
infiltration of surface water expected under design storm conditions or shall otherwise be
designed to function when submerged under such storm conditions.
(Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-96-29, 9-23-96; Ord. No. 25-08-39, § 1, 7-14-08)
Sec. 6-25. Boathouses, docks and gazebos on docks.
(a) Purpose and intent. It is the intent of this section to insure that on intracoastal,
lake front, marsh front, canal front, stream front lots no boating hazards will be
created, water pollution from stormwater runoff and other sources will be
minimized, views of water from adjoining properties will not be unduly impaired,
and the appearance of the shore when viewed from the water will be kept as
natural as reasonably possible. Atlantic Beach's intracoastal lakes, canals and
streams are among the city's greatest assets, and it is in the public interest to
require that their aesthetic appeal and water quality be maintained and enhanced
when possible.
(b) Site plan. A building permit shall not be issued for any new structure, addition to
any existing structure, fence or wall or significant change of an existing property
on an intracoastal, lake front, marsh front, canal front, or stream front lot until a
satisfactory site plan therefore is reviewed and approved. The requirements of
this section are minimum requirements, and the planning and zoning department
may impose more restrictive requirements and conditions on the height, bulk,
location and any other aspect of the proposed development where necessary in
order to accomplish the purpose and intent of the section.
(c) Docks, boathouses and gazebos on docks. The following minimum or maximum
standards shall apply to all construction or renovation of docks, boathouses and
gazebos on docks:
(1) Before a building permit is issued, the plans for docks, boathouses and
gazebos on docks shall be approved by the building and planning
department.
(2) The total area of docks, boathouses and gazebos on docks built at the
waters edge over land and water shall not exceed six hundred (600)
square feet.
All new docks, boathouses and gazebos on docks shall be constructed
ten (10) feet from a side lot line. This side setback can be reduced to five
(5) feet if written approval is presented from the adjacent property
owners.
(3)
(4) All new docks, boathouses and gazebos on docks shall not extend over
thirty (30) feet into the water from the elevations specified in section
31-22(4)(e).
(5)
The highest point of a boathouse or gazebo roof or any railing shall not
exceed nine (9) feet, and the roofs must be pitched so as to eliminate flat
roofs and use of such areas as sundecks. The height shall be measured
from the surface of the dock or floor to the highest point of the roof or
railing. In addition, the surface of any dock, sundeck, or floor of any
boathouse, gazebo, etc. shall not be more than two (2) feet above the
elevations specified in subsection (4)(e).
(6) In order that all docks, boathouses or gazebos on docks be utilized only
for boating or other recreational activities and not as living space, there
shall be no bathrooms or cooking facilities permitted in them, nor as an
improvement to the existing boathouse. There also shall not be any
enclosed rooms over water except for storage rooms limited in size to a
maximum of eighty (80) square feet.
Only one (1) boathouse or gazebo shall be permitted for each waterfront
property owner. In the case of common ownership of lakefront property
such as in a condominium arrangement or property owned by a
subdivision, there shall only be one (1) boathouse or gazebo permitted.
(8) The sale or lease of a portion of lakefront after January 1, 2004, shall be
construed as a subdivision and shall not enable the owners to make
application for a dock and boathouse unless that subdivision has received
the approval of the city commission.
(d) Other structures on intracoastal, lake front, marsh front, canal front or stream
front lots. The following standards shall apply to all construction on lake front,
marsh front, canal front or stream front lots:
(1) Intracoastal, lake front, marsh front, canal front and stream front lots shall
be developed to maximize the amount of natural rainfall which is
percolated into the soil and to minimize direct overland runoff into the
water. With the exception of boathouses, docks, gazebos on docks or
other over -water construction, stormwater runoff from structures and
other impervious surfaces shall be directed into on-site retention swales
and percolation of the first one (1) inch of runoff. Properties being
developed or redeveloped shall eliminate any direct piped discharges of
stormwater into the water, so that this runoff is directed to the on-site
retention and percolation areas. The city staff may require, as conditions
necessitate, the submission of soil and water table information,
topographic detail, drainage calculations and professionally designed
plans so as to insure these requirements are met. All stormwater
retention compliance shall prioritize the preservation of existing trees and
the impacts of fill or excavation on tree root systems shall be minimized.
(2) No intracoastal, lake front, marsh front, canal front or stream front lot
owner shall grade the lot in such a way as to interfere with the natural
drainage of adjoining lots or in a way that diverts drainage from their lot
onto adjoining lots. The city staff may require, as conditions necessitate,
the construction of physical features, grading, swaling and piping of roof
gutters so as to insure that runoff on a lot does not negatively impact
adjoining lots.
(7)
(3)
Structures on Intracoastal, lake front, marsh front, canal front, or stream
front lots shall, to the extent reasonably possible, be designed and
located to minimize their obstruction or degradation of traditional views to
and through the property to the water. Structures in this context shall also
include fences and walls. The city, may as conditions necessitate, reduce
the height of structures, alter their location, size and design so as to
accomplish this objective.
(4) Structures on intracoastal, lake front, marsh front, canal front or stream
front lots shall be developed and landscaped so that when viewed from
the water, those structures are as unobtrusive as is reasonably possible.
When a lot is being redeveloped, or a lot's structure is being extended or
altered, this may require the planting of new trees and other landscaping
in order to achieve this objective.
Structures on lakefront lots other than boathouses, docks, gazebos on
docks or other overwater construction shall be setback at least fifty (50)
feet from the normal high water elevation. For convenience, the normal
high water elevations of the city's principal lakes are listed below.
Structures in this context shall also include swimming pools, cabanas,
screen enclosures, tennis courts and other accessory buildings.
(6) Fences on intracoastal, lake front, marsh front, canal front, or stream front
lots shall not be permitted to extend into the water beyond the normal
high water elevation or into a canal beyond the bulkhead. Fences and
walls shall not be permitted which run
parallel to or across the lake, marsh, canal or stream within the fifty -foot setback. Fences and
walls include any terrace wall or other structure higher than three (3) feet above grade. Fences
running down the sides of properties within the fifty -foot setback or across the waterfront within
the building setback shall be open fences such as wrought iron, chain link, etc. which allow
visibility across property lines.
(e) Retaining walls. The construction of retaining walls or seawalls shall be done in
accordance with this chapter and chapter 6 of Code of Ordinances for the City of
Atlantic Beach.
(5)
(f)
Boathouse lots. Boathouse lots which exist along the water front were accepted
by the city under the premise that these lots would serve as lake access for the
residents of that subdivision. As such, the purpose and intention of these
boathouse lots is to serve as accessory lots to the main residential properties
within that subdivision. In accordance with the policies contained within the
comprehensive plan, the following regulations shall apply:
(1) The buildability and use of all boathouse lots, which are determined to be
accessory lots shall be restricted to the owners of real property within the
subdivision in which these accessory boathouse lots were platted.
(2) Boathouse lots which are held January 1, 2004, by property owners
residing outside of the subdivision for which they are platted shall be
nonconforming boathouse lots which may still be used for constructing a
boathouse and for water access. However, any boathouse lots owned by
real property owners on January 1, 2004 in the subdivision for which they
(3)
were platted, shall only be buildable and used to serve the lake access
need or residents of that subdivision.
Minimum lot widths shall be fifty (50) feet.
(4) Canal boathouses or gazebos on docks shall be constructed a minimum
of five (5) feet from side lot line. There shall be no front setback.
The highest point of a boathouse or gazebo shall be no more than ten
(10) feet above the normal high water elevation of the closet lake or water
way detailed in subsection (4)(c).
(6) Canal boathouses or gazebos shall not exceed four hundred (400) square
feet in size for all areas of boathouses, gazebos, stairs, and decking.
Canal boathouses shall be located so as not to interfere with navigation
and to result in the minimum of loss of existing large oak, pine or cypress
trees. Electric service shall be provided via underground wiring.
Landscape buffering shall be required to substantially cover fifty (50)
percent of the structure. Off-street parking areas shall remain without
asphalt, concrete, brick, gravel, grass paver or other improved surface.
(Ord. No. 25-04-37, § 1, 7-26-04)
(5)
(7)
Sec. 6-26.
(a)
Schedule of building permit fees.
[Generally.]
(1)
Total Valuation Fee
$1,000.00 or less
$1,000.00 to
$50,000.00
$50,001.00 to
$100,000.00
$100,001.00 to
$500,000.00
$500,001.00 and up
Building and construction permit fees. For the purposes of determining
fees, floor area of a building shall be determined at each story including
all portions under roofs. Separate fees shall be paid for electrical,
plumbing, mechanical, zoning, fire, miscellaneous and other plan reviews
and/or permits shown elsewhere in this section or in other applicable
sections of this Code.
a.
Building permit fees.
Permit Fee
$ 55.00
$ 55.00 for the first $1,000.00 plus $5.00
for each additional $1,000.00 or fraction
thereof, to and including $50,000.00
$ 280.00 for the first $50,000.00 plus
$4.00 for each additional $1,000.00 or
fraction thereof, to and including
$100,000.00
$ 480.00 for the first $100,000.00 plus
$3.00 for each additional $1,000.00 or
fraction thereof, to and including
$500,000.00
$ 1,680.00 for the first $500,000.00 plus
$2.00 for each additional $1,000.00 or
fraction thereof
Moving fee. For the moving of any building or structure, the fee shall be
one hundred dollars ($100.00).
Demolition fee. For the demolition of any building or structure, the fee
shall be one hundred dollars ($100.00).
Plan check fees. A plan -checking fee shall be paid to the building
department at the time of submitting plans and specifications for
checking. Said plan -checking fee shall be equal to one-half (1/2) of the
building permit fee. Such plan -checking fee is in addition to the building
permit fee. Additional plan -checking fees are required for planning and
zoning and fire department plan reviews.
Fence fee. For installing fencing the fee shall be thirty-five dollars
($35.00).
(6) Reinspection fee. Fifty-five dollars ($55.00).
(7) Sign erections.
Total sq. ft. of sign Fee
Up to 32 sq. ft. $65.00
Greater than 32 sq. ft. $65.00 plus $10.00 for each additional sq.
ft.
(8) Change of tenant fee. A fee of one hundred dollars ($100.00) shall be
paid when a new tenant occupies an existing commercial space. The fee
shall be for the application review and site inspection of the property to
determine occupancy compliance with required regulations.
Building permit renewal fee. The following permit renewal fees shall be
paid when an applicant renews a permit after the original permit has
expired in accordance with the Florida Building Code.
(9)
Completed inspections
No inspection conducted
Slab inspection approved
All rough inspections approved
Insulation inspection approved
Any final inspection pending
Amount of renewal fee
100% of original fee
80% of original fee
50% of original fee
30% of original fee
10% of original fee
(10) Building permit fee refunds. Permit fee refunds may be made when no
work has started. A fee of fifteen (15) percent shall be retained by the city
including the permit issuance fee and all plan review fees. Where work
has commenced and the project is abandoned no refunds will be made.
All requests for a refund shall be made in writing to the building official.
(b) Plan review resubmittal fees: Plans submitted which are not initially approved
shall be subject to a resubmittal fee for additional reviews, as follows: Fifty dollars
($50.00) for the second submittal; seventy-five ($75.00) for the third submittal;
and one hundred ($100.00) for the fourth and any subsequent submittals.
(Ord. No. 25-08-38, § 1.C, 2-25-08; Ord. No. 25-09-41, § 1, 10-26-09)
Secs. 6-27-6-30. Reserved.
ARTICLE III. ELECTRICAL CODE """'[3]
Sec. 6-31. Reserved.
Sec. 6-32. Reserved.
Sec. 6-33. Reserved.
Sec. 6-34. Reserved.
Sec. 6-35. Reserved.
Sec. 6-36. Reserved.
Sec. 6-37. Same—Fees.
Sec. 6-38. Reserved.
Sec. 6-39. Reserved.
Sec. 6-40. Reserved.
Secs. 6-41-6-55. Reserved.
Sec. 6-31. Reserved.
Editor's note—
Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-31, which
pertained to standards for materials, installations, etc., and derived from Ord. No.
25-92-23, § 1, adopted November 9, 1992, Ord. No. 25-95-26, § 1, adopted February
13, 1995, Ord. No. 25-976-28, § 1(2), adopted April 22, 1996, and Ord. No. 25-00-31,
§ 1, adopted February 28, 2000.
Sec. 6-32. Reserved.
Editor's note
Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-32, which pertained to
certificate of competency and derived from § 7-4 of the 1970 Code.
Sec. 6-33. Reserved.
Editor's note
Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-33, which pertained to
the improper use of name of licensed master electrictians and derived from § 7-5
of the 1970 Code.
Sec. 6-34. Reserved.
Editor's note—
Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-34, which pertained to
employing only certified electricians by master electricians and derived from § 7-6
of the 1970 Code.
Sec. 6-35. Reserved.
Editor's note -
Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-35, which pertained to
electrical permits required; to whom issued and derived from § 7-7 of the 1970
Code; Ord. No. 25-93-24, adopted Sept. 13, 1995; and Ord. No. 25-95-27, adopted
July 10, 1995.
Sec. 6-36. Reserved.
Editor's note -
Sec. 1.B of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-36, which pertained to
electrical inspections by electrical inspector and derived from § 7-8 of the 1970
Code.
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 the following inspection fees to be collected by the building department.
(1) For issuing each permit ... $55.00
(2) New single-family residential occupancy:
0-100 amp service ... 50.00
101-150 amp service ... 60.00
151-200 amp service ... 70.00
For each additional 50 amp or fractional part thereof ... 10.00
(3) Multifamily per dwelling unit ... 50.00
(4) Service change:
0-100 amp service ... 30.00
101-150 amp service ... 50.00
151-200 amp service ... 50.00
For each additional 50 amp or fractional part thereof ... 20.00
(5) New commercial services:
0-100 amp service ... 50.00
101-150 amp service ... 60.00
151-200 amp service ... 70.00
For each additional 50 amp or fractional part thereof ... 10.00
(6) Temporary services ... 35.00
(7) Signs ... 35.00
(8) Switch and receptacle outlets (except new single-family, multifamily and room
additions):
Up to 30 amp, each ... 0.60
31-100 amp, each ... 2.00
101-200 amp, each ... 4.00
(9) Lighting outlets, including fixtures, each ... 0.60
(10) Primary service ... 50.00
(11) Transformers, per 20 KVA or fractional part thereof ... 4.00
(12) Heat:
0-10 kw ... 2.00
10.1-15 kw ... 4.00
15.1-24 kw ... 6.00
Over 24 kw ... 8.00
(13) Air conditioning circuits:
0-60 amp ... 5.00
61-100 amp ... 10.00
(14) Motors:
0-5 hp...4.00
Plus $2.00 for each additional 5 hp or fractional part thereof
(15) Appliances, fixed or stationary:
Up to 30 amp ...2.00
31-100 amp ... 4.00
Over 100 amp ... 6.00
(16) Smoke detectors wired into electrical system (except single-family, multifamily
and room additions), each ... 2.00
(17) Fire alarm and signaling systems, each ... 35.00
(18) Minimum fee ... 55.00
(19) Swimming pools ... 40.00
(20) Repairs and miscellaneous 35.00
(21) Reinspection ... 55.00
(Ord. No. 34-82-1, § 1, 7-28-82; Ord. No. 25-02-33, § 1, 9-23-02; Ord. No. 25-09-41, § 1,
10-26-09)
Sec. 6-38. Reserved.
Editor's note—
Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-38, which pertained to
permits prerequisite to inspection and derived from § 7-10 of the 1970 Code.
Sec. 6-39. Reserved.
Editor's note—
Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-39, which pertained to
right of entry of electrical inspector and derived from § 7-11 of the 1970 Code.
Sec. 6-40. Reserved.
Editor's note—
Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-40, which pertained to
interference with electrical inspector and derived from § 7-12 of the 1970 Code.
Secs. 6-41-6-55. Reserved.
ARTICLE IV. PLUMBING CODE "iv[4]
Sec. 6-56. Reserved.
Sec. 6-57. Reserved.
Sec. 6-58. Permits—Determination of ownership of secondhand fixtures prior to issuance.
Sec. 6-59. Same—Fees.
Sec. 6-60. Reserved.
Sec. 6-61. Water conservation regulations.
Secs. 6-62-6-75. Reserved.
Sec. 6-56. Reserved.
Editor's note—
Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-56, which
pertained to adoption of the Standard Plumbing Code, and derived from § 17-1 of
the 1970 Code, Ord. No. 25-92-23, § 1, adopted November 9, 1992, Ord. No.
25-96-28, § 1(3), adopted April 22, 1996, and Ord. No. 25-98-30, § 1, 6-22-98.
Sec. 6-57. Reserved.
Editor's note -
Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-57, which pertained to
certificate of competency and derived from § 17-4 of the 1970 Code.
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 evidence in
writing of the ownership of such fixtures and keep a record of the same.
(Code 1970, § 17-11)
Sec. 6-59. Same -Fees.
A fee of seven dollars ($7.00) 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 fifty-five dollars ($55.00) in addition to the rate per fixture. The
charge for reinspection shall be fifty-five dollars ($55.00) per inspection.
(Code 1970, § 17-12; Ord. No. 36-82-1, § 1, 7-26-82; Ord. No. 25-02-33, § 2, 9-23-02; Ord. No.
25-09-41, § 1, 10-26-09)
Sec. 6-60. Reserved.
Editor's note -
Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-60, which pertained to
whom permits are issued and derived from § 17-13 of the 1970 Code; Ord. No.
25-93-24, adopted Sept. 13, 1993; and Ord. No. 25-95-27, adopted July 10, 1995.
Sec. 6-61. Water conservation regulations.
(a) All new construction and all remodeling or repair involving replacement of fixtures
in residential, hotel, motel, industry or commercial use shall utilize fixtures
conforming to the following schedule of maximum water usage based on water
pressures at the fixture of forty (40) to fifty (50) pounds per square inch (psi):
Fixture Type Maximum Flow Rate
(gallons)
Water closets
Tank type
2 per flush
Flushometer or flushvalve type 2 per flush
Wall mount 3.5 per flush
Urinals 1 per flush
Shower heads 2.5 per minute
Lavatory faucets 2 per minute
Sink faucets 2.5 per minute
(b) No urinal or water closet that operates on a continuous flow or continuous flush
shall be permitted unless fitted with time controls adjusted for periods of use.
(c) The use of standard flush toilets may be allowed when, in the opinion of the
building official, the configuration of the building drainage system requires a
greater quantity of water to adequately flush the system.
(d) Any person desiring to install any device or appliance as set out shall be required
to submit to the building official a manufacturer's data sheet defining the water
use characteristics of the plumbing devices or appliances prior to final inspection.
(e) If a particular fixture listed above is not available from at least two (2) suppliers,
the building official may accept a signed, notarized certification of nonavailability
from the plumbing contractor and allow a standard plumbing fixture to be used.
The notarized certification of nonavailability shall be signed by the fixture
suppliers.
(Ord. No. 25-93-25, § 1, 12-13-93)
Secs. 6-62-6-75. Reserved.
ARTICLE V. MECHANICAL CODE
Sec. 6-76. Reserved.
Sec. 6-77. Inspection fees.
Secs. 6-78-6-90. Reserved.
Sec. 6-76. Reserved.
Editor's note—
Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-76, which
pertained to adoption of the Standard Mechanical Code, and derived from Ord. No.
25-82-1, § 1, adopted July 26, 1982, Ord. No. 25-92-23, § 1, adopted November 9,
1992, Ord. No. 25-96-28, § 1(4), adopted April 22, 1996, and Ord. No. 25-98-30, § 1,
adopted June 22, 1998.
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 ... $55.00
b. Air conditioning and refrigeration (total capacity in single installation):
For each ton or fractional part thereof:
ii. Air conditioning from 1 ton to 10 tons total capacity in single
installation, for each ton or fraction thereof for each apartment or
business will be considered a separate system ... 8.00
For each ton of air conditioning over 10 tons or fractional part
thereof up to 25 tons ... 4.00
iv. For each ton of air conditioning over 25 tons or fractional part
thereof ... 2.00
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 ... 20.00
For each additional 50,000 BTU per hour of fuel used or fractional part thereof ... 4.00
Any burner (not in heating system), each ... 12.00
d. Boilers, including heating element:
For the first 500,000 BTU per hour input of fuel ... 30.00
For each additional 100,000 BTU per hour input of fuel or fractional part thereof ... 6.00
e. Air duct systems:
For the first 2,000 cubic feet per minute capacity of air handled in duct system ... 20.00
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 ... 8.00
For each additional 1,000 cubic feet per minute or fractional part thereof ... 4.00
f. Pumps ... 4.00
g. Wells ... 20.00
h. Tanks, all types, gasoline or liquefied petroleum:
0-600 gallons ... 20.00
Over 600 to 10,000 gallons capacity or fractional part thereof ... 100.00
For each additional 1,000 gallons or fractional part thereof ... 4.00
Service station automobile lifts ... 10.00
j. Elevators, escalators, man -lifts, hoists for the first 4 floors ... 100.00
k. Fire sprinkler systems:
For the first 40 sprinkler heads or fractional part thereof ... 30.00
For each additional 10 sprinkler heads or fractional part thereof ... 4.00
Fire standpipes, each ... 6.00
m. Fire hose cabinets, each ... 6.00
n. Prefabricated fireplaces, each ... 30.00
o. Alteration or repair of boiler or on fired pressure vessel ... 30.00
p. Solar collector system ... 30.00
q. Commercial hood installation ... 30.00
r. Heat exchanger or coil in ducts ... 10.00
s. Minimum fee for any mechanical permit ... 55.00
t. Reinspection fee ... 55.00
u. For mechanical fee not listed in this section, fee shall be based on $8.00
per thousand dollars.
(2) Gas piping permit fees. Consumers' gas piping and appliances at one (1)
location:
a. For issuing each permit ... 55.00
b. For 1 to 4 outlets ... 10.00
For each additional outlet ... 2.00
c. For conversion burners, floor furnaces, incinerators, boilers, central heat
and air conditioning units ... 10.00
For each additional unit ... 2.00
d. Vented wall furnaces and water heaters, each unit ... 5.00
e. Reinspection fee ... 55.00
(Ord. No. 25-82-1, § 2, 7-26-82; Ord. No. 25-02-33, § 3, 9-23-02; Ord. No. 25-09-41, § 1,
10-26-09)
Secs. 6-78-6-90. Reserved.
ARTICLE VI. RESERVED x"[5]
Secs. 6-91-6-105. Reserved.
Secs. 6-91-6-105. Reserved.
ARTICLE V
Sec. 6-106.
Sec. 6-107.
Sec. 6-108.
Sec. 6-109.
Sec. 6-110.
Sec. 6-111.
II. NUMBERING OF BUILDINGS
Required.
Attachment of numbers to buildings.
Duties of building official.
Street numbering districts designated.
System of numbering.
Removing or defacing.
Secs. 6-112-6-119. Reserved.
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
manner, 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 between
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).
Third district. All that part of the city not within the first and second districts.
(3)
(Code 1970, § 6-15)
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 buildings 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 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 numbering 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.
(3)
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.
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 the
east are hereby declared and determined to be the zero coordinates or
axis of this numbering 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)
Criminal mischief, F.S. § 806.13.
Secs. 6-112-6-119. Reserved.
ARTICLE VIII. PROPERTY MAINTENANCE CODE
Sec. 6-120. Adoption.
Sec. 6-121. Amendments.
Secs. 6-122-6-140. Reserved.
Sec. 6-120. Adoption.
There is hereby adopted, basic minimum housing standards deemed essential for safe,
healthful living, that certain code known as the International Property Maintenance Code, most
current edition, published by the Southern Building Code Congress International, Inc.
(Ord. No. 25-89-21, § 1, 6-12-89; Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(6),
4-22-96; Ord. No. 25-98-30, § 1, 6-22-98; Ord. No. 25-08-38, § 1.A. (4), 2-25-08)
Sec. 6-121. Amendments.
The following sections of the IPMC [International Property Maintenance Code] are
hereby revised as follows:
(a) Section 101.1 Title. Insert:" The City of Atlantic Beach."
(b) Section 102.3 Application of other codes. Amend to delete International Building
Code, International Fuel Gas Code, International Mechanical Code and the ICC
Electrical Code and replace with "State of Florida Building Codes and the
National Electrical Code."
(c) Section 103 Title. Amend to read: "Building Department and Code Enforcement
Division."
(d) Section 103.1 General. Amend to read: "The building department and code
enforcement division shall be designated to enforce the provisions of this code."
(e) Section 103.5 Fees. Delete this section.
(f) Section 110.1 General. Delete "for a period of two years" and replace with "6
months."
(g) Section 110.3 Failure to comply. Add sentence to state: "All administrative costs
to the City of Atlantic Beach shall be considered when determining total cost of
demolition."
(h) Section 111.1 Application for appeal. Amend to read: "Any person directly
affected by a decision of the code official or a notice or order issued under this
code shall have the right to appeal to the Code Enforcement Adjustments and
Appeals Board, provided that a written application of appeal is filed within 20
days after the day of the decision, notice or order was served."
Section 302.4 Weeds. In the first sentence, delete "(jurisdiction to insert height in
inches)" and substitute "12 inches."
(j) Section 304.14 Insect Screens. In the first sentence, delete "[date] to [date]" and
substitute "March 1 to December 1."
(i)
(k) Section 602.3 Heat Supply. In the first sentence, delete "[date] to [date]" and
substitute "November 1 to March 31."
(I) Section 602.4 Occupiable workspaces. In the first sentence, delete "[date] to
[date]" and substitute "November 1 to March 31."
(Ord. No. 25-08-40, § 1, 8-25-08)
Secs. 6-122-6-140. Reserved.
ARTICLE IX. RESERVED XXVi[6]
Secs. 6-141-6-160. Reserved.
Secs. 6-141-6-160. Reserved.
ARTICLE X. AMUSEMENT DEVICE CODE
Sec. 6-161. Adopted.
Sec. 6-161. Adopted.
There is hereby adopted 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, the Standard
Amusement Device Code, 1997 edition.
(Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(8), 4-22-96; Ord. No. 25-98-30, § 1,
6-22-98)
Chapter 7 FIRE PREVENTION AND PROTECTION 'IV]
ARTICLE I. IN GENERAL
Sec. 7-1. Title.
Sec. 7-2. Reward for information.
Secs. 7-3-7-15. Reserved.
Sec. 7-1. Title.
The provisions of this chapter shall constitute and shall hereafter be known as the "Fire
Protection and Life Safety Code of the City of Atlantic Beach, Florida."
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-2. Reward for information.
The city may pay when authorized by the city manager as a reward to any person an
amount not to exceed one hundred dollars ($100.00) for any one (1) occurrence, for information
leading to the arrest and conviction of any person found guilty of maliciously setting a fire within
the city.
(Ord No. 57-97-20, § 1, 8-11-97)
Secs. 7-3-7-15. Reserved.
ARTICLE II. FIRE PREVENTION AND LIFE SAFETY
Sec. 7-16. Purpose and intent.
Sec. 7-17. Definitions.
Sec. 7-18. Codes adopted.
Sec. 7-19. Inspection.
Sec. 7-20. Right of Entry.
Sec. 7-21. Notice to eliminate dangerous conditions.
Sec. 7-22. Service of orders.
Sec. 7-23. Compliance.
Sec. 7-24. Authority to require exposures or stop work.
Sec. 7-25. Appeals.
Sec. 7-26. Summary Abatement.
Sec. 7-27. Penalties and other remedies for violations.
Sec. 7-28. Authority to investigate fires.
Sec. 7-29. Key vault requirement.
Sec. 7-30. Fees.
Sec. 7-31. Reserved.
Sec. 7-32. Building permits.
Sec. 7-33. Smoke detection power source.
Sec. 7-34. Hazardous materials identification and information.
Sec. 7-35. Fire hydrants and fire department connections.
Sec. 7-36. Open burning.
Sec. 7-37. Street address identification.
Sec. 7-38. Permits and certificates.
Sec. 7-39. Fireworks.
Sec. 7-40. Occupant load/overcrowding.
Sec. 7-41. False silent alarms.
Sec. 7-42. Modifications.
Sec. 7-16. Purpose and intent.
(a) The purpose and intent of this article is to prescribe minimum requirements and
controls to safeguard lives, property and public welfare from the hazards of fire
and explosions. This will include identifying and correcting hazardous conditions
resulting from improper storage, handling, and use of substances, materials or
devices. It will also include inspections and evaluations of the designs, uses or
occupancies of buildings, structures, sheds, tents, lots, or any other premises
within the jurisdiction of the city and identified by City Code.
(b) The provisions of this article shall apply to existing conditions as well as to
conditions arising after adoption thereof. Prior to applying the requirements of
this article to an existing condition, the fire official shall determine that a threat to
life, safety or property exists. If such a threat exists, the fire official shall apply the
appropriate provision of this article to the extent practical to assure that a
reasonable degree of life, safety and property protection is maintained.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-17. Definitions.
[The following definitions, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning.]
Authority having jurisdiction shall mean the fire official of the city, as defined in that
certain code known as the Florida Fire Prevention Code referenced in section 7-18 of this
chapter.
Complete automatic sprinkler system shall mean a complete automatic sprinkler system
as described in the applicable National Fire Protection Association (NFPA) standards.
Fire official shall mean the chief of the fire department or his/her designee.
Gross floor area shall mean the area within the inside perimeter of the outside walls of
the building under consideration with no deduction for hallways, stairs, closets, thickness of the
interior walls, columns or other features.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(1), 2-25-08)
Sec. 7-18. Codes adopted.
(a) The following model codes are adopted in their entirety as additions to the text of
this article. The text of these adopted model codes shall be fully enforceable as
other regulations adopted under the provisions of this article as if the same were
incorporated and set forth at length herein. Model codes adopted pursuant to this
article shall not waive any provisions of this chapter or be less restrictive than its
provisions.
(1) Standard International Fire Code, most recent edition, as published by the
Southern Building Code Congress International, Inc.
(2) International Fire Code, most recent edition, as published by the National
Fire Protection Association, Inc.
(b) One (1) copy of the adopted model codes has been and is filed in the office of
the city clerk.
Note: Cross references and state law references stay as they appear in the current code.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-98-30, § 1, 6-22-98; Ord. No. 25-08-38, § 2.A.(2),
2-25-08)
Sec. 7-19. Inspection.
(a) The fire official shall cause to be inspected all buildings and premises ( other
than one- and two-family dwellings) including such other hazards or material
items for the purpose of ascertaining and causing to be corrected conditions
which would reasonably tend to cause fire or contribute to its spread, or any
violation of the purpose or provisions of this article and of any other law or
standard affecting fire safety.
(b) When an apparent structural hazard is caused by the faulty installation, or
malfunction of any of the items or devices listed in section 7-23, the fire official
shall immediately order the correction of the hazards as required by this article
and shall notify the building official of such hazards for correction under Chapter
6 of this Code.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-20. Right of Entry.
(a) To the full extent permitted by law, the fire official, engaged in fire prevention and
inspection work, is authorized at all reasonable times to enter and examine any
building, structure, marine vessel, vehicle, or premises for the purpose of making
fire safety inspections. Before entering a private building or dwelling, the fire
official shall obtain the consent of the occupant thereof or obtain a court warrant
authorizing entry for the purpose of inspection except in the instances where an
emergency exists. As used in this section, "emergency" means circumstances
that the fire official has reason to believe exist, and may constitute immediate
danger to life and property.
(b) Persons authorized to enter and inspect buildings, structures, marine vessels,
vehicles, and premises as herein set forth shall be identified by proper
credentials issued by the city.
(c) It shall be unlawful for any person to interfere with the fire official carrying out any
duties or functions prescribed by this article.
(d) It shall be unlawful for any unauthorized person to use an official badge, uniform,
or other credentials to impersonate a fire official for the purpose of gaining
access to any building, structure, marine vessel, vehicle, or premises in this
jurisdiction.
(e) No person, owner or occupant of any building or premises shall fail, after proper
credentials are displayed, to permit entry into any building or onto any property
by the fire official for the purpose of inspections pursuant to the [this] chapter.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-21. Notice to eliminate dangerous conditions.
(a) Whenever the fire official shall find in any building, or upon any premises,
dangerous or hazardous conditions or materials as follows, there shall be issued
such notice or orders to remove or remedy the conditions as may be necessary
for the protection of life and property from fire and smoke:
(1) Dangerous or unlawful amounts of combustible or explosive or otherwise
hazardous materials;
(2) Hazardous conditions arising from defective or improperly installed
equipment for handling or using explosive or otherwise hazardous
materials;
(3)
Dangerous accumulations of rubbish, waste paper, boxes, shavings or
other highly combustible materials;
(4) Accumulations of dust or waste material in air conditioning or ventilation,
systems or of grease in kitchen or other exhaust ducts or inadequate
clearness to unprotected combustible material from hoods, grease
extractors and ducts;
Obstruction to or on fire escapes, designated access openings in exterior
walls for fire department use, stairs, passageways, doors, or windows,
liable to interfere with the operations of the fire department or egress of
occupants in case of fire;
(6) Any building or other structure which, for lack of adequate exit facilities,
automatic or other fire alarm apparatus or fire extinguisher, or equipment,
creates a hazardous condition.
(5)
(b) Whenever the fire official deems any chimney, smokestack, stove, oven,
incinerator, furnace or other heating device, electric fixture or any apparatus
thereto, regulated under a nationally approved standard as adopted by section
7-18 in or upon any building, structure, or premises not specifically mentioned in
this article, to be defective or unsafe so as to create an immediate hazard, he
shall serve upon the owner or the person having control of the property, a written
notice to repair or alter as necessary and shall notify any other authority
enforcing codes regulating such equipment. He may affix a condemnation tag
prohibiting the use thereof until such repairs or alterations are made. When
affixed, such tag may be removed only by order of such fire official or his/her duly
authorized representative and may be removed only when the hazard to which
the order pertains has been eliminated in an approved manner. Until removed,
that item or device which has caused the hazard shall not be used or be
permitted to be used.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(3), 2-25-08)
Sec. 7-22. Service of orders.
The service of orders for the correction of violations of this article shall be made upon
the owner, occupant or other person responsible for the conditions, either by delivering a copy
of same to such person or by delivering the same to and leaving it with any person in charge of
the premises, or in case no such person is found upon the premises, by affixing a copy thereof
in a conspicuous place on the door to the entrance of the said premises. Whenever it may be
necessary to serve such an order upon the owner of the premises such order may be served
either by delivering to and leaving with the said person a copy of the said order, or, if such
owner is absent from the jurisdiction of the officer making the order by sending such copy by
certified or registered mail to the owner's last known post office address.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-23. Compliance.
Any order or notice issued or served as provided in this article shall be complied with by
the owner, operator, occupant or other person responsible for the condition or violation to which
the order or notice pertains. Every order or notice shall set forth a time limit for compliance
dependant upon the hazard and danger created by the violation.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-24. Authority to require exposures or stop work.
(a) Whenever any installation that is subject to inspection prior to use is covered or
concealed without having first been inspected, the fire official may require by
written notice that such work be exposed for inspection. The fire official shall be
notified when the installation is ready for inspection and the fire official shall
conduct the inspection within a reasonable period of time.
(b) When any construction or installation work is being performed in violation of the
plans and specifications as approved by the fire official, a written notice shall be
issued to the responsible party to stop work on that portion of the work that is in
violation. The notice shall state the nature of the violation, and no work shall be
continued on that portion until the violation has been corrected.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-25. Appeals.
(a) Any person aggrieved by an order issued under this article may appeal such
order in accordance with the procedures established in the International Fire
Code, as adopted in section 7-18 of this article.
(b) In the event of a conflict between the Building Code as established in Chapter 6
of the City Code of Ordinances, and this article, it shall be resolved in
accordance with F.S. § 553.73.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(4), 2-25-08)
Sec. 7-26. Summary Abatement.
(a) The fire official shall have the authority to summarily abate any condition that is in
violation of any provision of this chapter and that presents an immediate hazard
to life and property.
(b) When, in the opinion of the fire official, there is actual danger to the occupants or
those in proximity of any building, structure or premises because of unsafe
structural conditions or inadequacy of any exit way, the presence of explosives,
explosive fumes or vapors, flammable liquids, vapors, gases or materials, the fire
official may order the immediate evacuation of such building, structure or
premises and no one shall enter or reenter until authorized to do so by the fire
official. In addition, the fire official may order the disconnection of electric and gas
utility services from such building, structure or premises and no one shall
reconnect utility services until authorized to do so by the building official.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-27. Penalties and other remedies for violations.
(a) Failure to comply with any provision of this article or any lawful order of the fire
official shall constitute a misdemeanor of the second degree, punishable by a
fine of not more than five hundred dollars ($500.00), or by imprisonment for not
more than ten (10) days, or by both a fine and imprisonment. Each day that a
violation continues shall be a separate offense, in accordance with F.S. §
633.171, as it currently exists or subsequently amended.
(b) The city may use any appropriate actions or proceeding at law or in equity for the
enforcement of this chapter, and any court of competent jurisdiction shall have
the right to issue restraining orders, temporary or permanent injunctions or
mandamus or other appropriate forms of remedy or relief.
(c) The city may enforce this chapter using the proceedings set forth in Chapter 2,
Administration, Article V, Division 2, Code Enforcement Board, of the City Code
of Ordinances, as prescribed in F.S. Ch. 162.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(5), 2-25-08)
Sec. 7-28. Authority to investigate fires.
(a) The fire official shall investigate the cause, origin and circumstances of each and
every fire occurring in the city involving the loss of life or injury to persons, or
destruction or damage to property. A written report shall be made of all facts and
findings in relation to each fire investigation.
(b) If it appears that the fire is of suspicious origin, the fire official shall immediately
notify the police department and shall assist the police department as necessary
in its investigation.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-29. Key vault requirement.
The fire official may require the installation and maintenance of a key vault security
system in such buildings or structures where security precautions and protective devices may
unreasonably delay the entry of the fire department in time of emergency.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-30. Fees.
Permits and fees: All fees for the following shall be as established from time to time by
the Jacksonville Fire Department of the City of Jacksonville, Florida. An additional administrative
fee of thirty-five dollars ($35.00) shall be paid to the City of Atlantic Beach for any of the
below -listed inspections and permits:
Permit Fees
(1) Fire safety inspection for the purpose of obtaining an occupational license;
(2) Plans review and final inspection for certificate of occupancy;
(3) Fire safety re -inspections;
(4) Annual fire safety inspection;
(5) Fire alarm annual inspection;
(6) Fire standpipe annual inspection;
(7) Fire sprinkler system annual inspection;
(8) Fire suppression hood systems annual inspection;
(9) Open burning, each permit;
(10) Flammable/combustible storage (annual);
(11) Flammable/combustible spraying or dipping (annual);
(12) Storage/sales fireworks, each permit;
(13) Fumigation, each permit;
(14) Hazardous materials storage/use (annual);
(15) High piled combustible storage (annual);
(16) Liquefied and other compressed gases (annual);
(17) Any other required permit as prescribed by the Standard Fire Prevention Code.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(6), 2-25-08)
Sec. 7-31. Reserved.
Editor's note -
Section 2.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, deleted § 7-31, which pertained
to automatic sprinkler requirements and derived from Ord. No. 57-97-20, adopted
Aug. 11, 1997.
Sec. 7-32. Building permits.
A permit (other than one -family and two-family dwellings) for construction, erection,
alteration, repair or demolition shall not be issued until the fire official has reviewed the plans
and specifications for such proposal and the fire official has found the plans to be in compliance
with this article and F.S. Chs. 553 and 633.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-33. Smoke detection power source.
All smoke detectors installed to protect sleeping areas shall be powered by a permanent
connection to an AC power source with a battery backup.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-34. Hazardous materials identification and information.
(a) There is hereby adopted by the city for the purpose of prescribing regulations to
identify hazardous materials manufacturing, storage and use facilities that certain
code known as NFPA 704 "Identification of the Fire Hazards of Materials," 1994
edition, as subsequently amended, of the National Fire Protection Association.
One (1) copy of the subject code has been and is filed in the office of the city
clerk and the same is hereby adopted and incorporated as fully as if set out at
length herein, and from the effective date of this section, the provisions of said
standard shall control within the limits of the city.
(b) The fire official may require the installation of a weatherproof box containing
up-to-date hazardous materials safety data sheets, on the extension of such
buildings or structures that contain quantities of hazardous materials. It shall be
the responsibility of the occupants storing, handling or using the hazardous
materials to maintain this information as correct.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(7), 2-25-08)
Sec. 7-35. Fire hydrants and fire department connections.
(a) All new buildings or structures, except one- and two-family units shall be
protected by a fire hydrant connected to a public water main capable of supplying
the necessary water for fire protection. Such fire hydrant shall be located within
three hundred (300) feet of the protected building and shall be arranged so that
hose may be distributed to any portion of the building at distances not exceeding
four hundred (400) feet.
(1) Access to hydrant.
a. Three-foot radius clear lane to the street.
b. Fire department connections within fifty (50) feet and same side of
street as the hydrant.
(2) Access to building by fire department apparatus.
a. Street. Thirty -eight -foot inside and fifty -foot outside turning radius.
b. Parking lot. Twenty three feet and two inches (23'2") inside turning
radius and forty -foot outside.
Fire lanes must be marked and posted by the owner/occupant.
a. Curb must be marked.
(3)
b. Signs seventy-five (75) feet apart not more than seven (7) feet in
height to the bottom of the sign, the size of the sign must be
eighteen (18) by twenty-four (24) inches with white background.
(b) The fire official may modify this requirement when automatic fire sprinkler
protection is provided.
(c) The cost of fire hydrant protection and necessary water system extension shall
be the responsibility of the developer.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-36. Open burning.
(a) There shall be no open burning in the city without first obtaining a permit from the
fire official and paying the appropriate permit fee.
(b) Anyone failing to comply with the provisions of this article are subject to fines and
penalties as set forth in section 7-27 of this article.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-37. Street address identification.
The street address shall comply with Chapter 6 of the City Code of Ordinances.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-38. Permits and certificates.
(a) A permit shall constitute permission to maintain, store or handle materials, or to
conduct processes which produce conditions hazardous to life or property, or to
install equipment used in connection with such activities as referenced in
International Fire Code.
(b) Such permit shall not be a substitute for any license required by law. A permit
shall not be transferable and any change in use as occupancy of a building or
premises shall require a new permit.
(c) A permit shall continue until revoked or for such a period of time as designated at
time of issuance.
(d) Inspection before issue.
(1) Before a permit may be issued, the fire official shall inspect and approve
the receptacles, vehicles, buildings, structures, or storage areas to be
used and the owner or occupant shall verify to the fire official that a
certificate of occupancy has been issued by the building official for that
occupancy classification.
(2) In cases where laws or regulations enforceable by departments other
than the fire department are applicable, joint approval shall be obtained
from all departments concerned.
(e) Applying for a permit. The application for a permit shall be made in the form
prescribed by the fire official and contain the following information:
(1) The signature of the applicant.
(2) A statement of the intended use of the building or structure or operation to
be conducted on the premises.
(3) Plans when required by the fire official.
(f) Conditions of permits.
(1) The fire official shall act upon a application for permit without
unreasonable delay and when issued such permit shall remain on the
premises designated therein and shall at all times be subject to
inspection.
(2) Whenever the provision of this code requires more than one (1) permit for
the same establishment or location, such permits may be combined into a
single permit, but each provision shall be listed in the permit.
(g)
Compliance with permit. All permits issued under this Code shall require that the
applicant, his agents and employees shall carry out the proposed activity in
compliance with all the requirements of this Code and any other laws or
regulations applicable thereto, whether specified in the permit or not in complete
accordance with the approved plan and application.
(h) Revocation of permit. The fire official may revoke a permit issued under this code
when it is found by inspection or otherwise that any one (1) of the following
conditions exist:
(1) The permit is used for a location or establishment other than that for
which it was issued.
(2) The permit is used for a condition or activity other than that listed in the
permit.
(3) Conditions and limitations set forth in the permit have been violated.
(4) There have been false statements or misrepresentation as to a material
fact in the application for permit or plans submitted or a condition of the
permit.
The permit is used by a different person or firm other than the name for
which it was issued.
(5)
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(7), 2-25-08)
Sec. 7-39. Fireworks.
(a) [Fireworks] shall be regulated in accordance with F.S. Ch. 791 and Chapter
4A-50 Division of State Fire Marshal Uniform Fire Safety Rules and Standards.
(b) Anyone wishing to sell approved fireworks within the city shall meet and conform
to the following:
(1) Meet all requirements of F.S. Ch. 791;
(2) Obtain a permit from the fire official;
(3) Conform to the provisions of approved permit; and
(4) Any other requirement by City Ordinance not covered in this chapter.
(c) Storage of approved fireworks shall be at the decision of the fire official and shall
meet the following minimum requirements:
(1) Fireworks may be stored/sold inside structures only if the structure is
equipped with an approved automatic extinguishing system and shall be
limited to fifty (50) pounds (of total package weight).
(2) Fireworks stored outside of a structure shall be placed in a container not
less than one hundred (100) feet from any occupied structure as
approved by the fire official.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-40. Occupant load/overcrowding.
(a) Signs stating the maximum occupant content shall be conspicuously posted by
the owner/occupant of the building in each assembly room, auditorium or room
used for a similar purpose. It shall be unlawful to remove or deface such notice.
(b) No person shall permit overcrowding or admittance of any person beyond the
approved capacity of any place of public assembly. The fire official or police
department, upon finding any overcrowded conditions or obstructions in aisles,
passageways or other means of egress, or upon finding any condition which
constitutes a serious menace to life, shall cause the performance, presentation,
spectacle or entertainment to be stopped until such condition or obstruction is
corrected. (Refer to Life Safety Code for calculating occupant load associated
with the use.)
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-41. False silent alarms.
(a) Any person knowingly communicating by any means, or otherwise turning in,
causing to be made a false alarm, including but not limited to audible or visual
alarms, to the police department, fire department, or to any person engaged in
the business of receiving and reporting silent alarms to the police or fire
department shall be in violation of this section for making in excess of two (2)
false alarms, per quarter of any calendar year.
(b) Any person or property owner after two (2) false alarms per quarter, shall be in
violation of this section and shall be charged an administrative fee of fifty dollars
($50.00) to cover the cost of personnel and apparatus for each violation. Each
additional false alarm after the two (2) per quarter allowance shall be considered
a separate violation of this section.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-42. 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
approved by the public safety director and city manager, the decision shall be entered upon the
records of the city, and a signed copy shall be furnished to the applicant.
(Ord No. 57-97-20, § 1, 8-11-97)
Chapter 8 FLOOD HAZARD AREAS """"'[l]
ARTICLE I. ADMINISTRATION
DIVISION 1. GENERAL—APPLICABILITY—DUTIES AND POWERS OF THE
FLOODPLAIN ADMINISTRATOR—PERMITS—SITE PLANS AND CONSTRUCTION
DOCUMENTS—INSPECTIONS—VARIANCES AND APPEALS—VIOLATIONS
Subdivision I. In General
Sec. 8-1. [Title.]
Sec. 8-2. Scope.
Sec. 8-3. Intent.
Sec. 8-4. Coordination with the Florida Building Code.
Sec. 8-5. Warning.
Sec. 8-6. Disclaimer of liability.
Sec. 8-1. [Title.]
These regulations shall be known as the floodplain management ordinance of the City of
Atlantic Beach, hereinafter referred to as "this chapter."
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-2. Scope.
The provisions of this chapter shall apply to all development that is wholly within or
partially within any flood hazard area, including but not limited to the subdivision of land; filling,
grading, and other site improvements and utility installations; construction, alteration,
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of
buildings, structures, and facilities that are exempt from the Florida Building Code; placement,
installation, or replacement of manufactured homes and manufactured buildings; installation or
replacement of tanks; placement of recreational vehicles; installation of swimming pools; and
any other development.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-3. Intent.
The purposes of this chapter and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to safeguard
the public health, safety, and general welfare and to minimize public and private losses due to
flooding through regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during
times of flooding;
(2) Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase
flood damage or erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to
minimize the impact of development on the natural and beneficial functions of the
floodplain;
(3)
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development
of flood hazard areas;
Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section
59.22.
(7)
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-4. Coordination with the Florida Building Code.
This chapter is intended to be administered and enforced in conjunction with the Florida
Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by
the Florida Building Code.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-5. Warning.
The degree of flood protection required by this chapter and the Florida Building Code, as
amended by this community, is considered the minimum reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by manmade or natural causes. This chapter does not imply
that land outside of mapped special flood hazard areas, or that uses permitted within such flood
hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood
elevations contained in the flood insurance study and shown on flood insurance rate maps and
the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised
by the Federal Emergency Management Agency, requiring this community to revise these
regulations to remain eligible for participation in the National Flood Insurance Program. No
guaranty of vested use, existing use, or future use is implied or expressed by compliance with
this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-6. Disclaimer of liability.
This chapter shall not create liability on the part of the City Commission of the City of
Atlantic Beach or by any officer or employee thereof for any flood damage that results from
reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision II. Applicability
Sec. 8-7. General.
Sec. 8-8. Areas to which this chapter applies.
Sec. 8-9. Basis for establishing flood hazard areas.
Sec. 8-10. Submission of additional data to establish flood hazard areas.
Sec. 8-11. Other laws.
Sec. 8-12. Abrogation and greater restrictions.
Sec. 8-13. Interpretation.
Sec. 8-7. General.
Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-8. Areas to which this chapter applies.
This chapter shall apply to all flood hazard areas within the City of Atlantic Beach, as
established in section 8-9 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-9. Basis for establishing flood hazard areas.
The flood insurance study for Duval County, Florida and Incorporated Areas June 3,
2013, and all subsequent amendments and revisions, and the accompanying flood insurance
rate maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by
reference as a part of this chapter and shall serve as the minimum basis for establishing flood
hazard areas. Studies and maps that establish flood hazard areas are on file at the City of
Atlantic Beach Building Department 800 Seminole Road Atlantic Beach, Florida.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-10. Submission of additional data to establish flood hazard areas.
To establish flood hazard areas and base flood elevations, pursuant to sections 8-30
through 8-33 of this chapter, the floodplain administrator may require submission of additional
data. Where field surveyed topography prepared by a Florida licensed professional surveyor or
digital topography accepted by the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not
delineated as a special flood hazard area on a FIRM, the area shall be
considered as flood hazard area and subject to the requirements of this chapter
and, as applicable, the requirements of the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated
as special flood hazard area unless the applicant obtains a letter of map change
that removes the area from the special flood hazard area.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-11. Other laws.
The provisions of this chapter shall not be deemed to nullify any provisions of local, state
or federal law.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-12. Abrogation and greater restrictions.
This chapter supersedes any ordinance in effect for management of development in
flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances
including but not limited to land development regulations, zoning ordinances, stormwater
management regulations, or the Florida Building Code the event of a conflict between this
chapter and any other ordinance, the more restrictive shall govern. This chapter shall not impair
any deed restriction, covenant or easement, but any land that is subject to such interests shall
also be governed by this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-13. Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state
statutes.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision III. Duties and Powers of the Floodplain Administrator
Sec. 8-14. Designation.
Sec. 8-15. General.
Sec. 8-16. Applications and permits.
Sec. 8-17. Substantial improvement and substantial damage determinations.
Sec. 8-18. Modifications of the strict application of the requirements of the Florida Building
Code.
Sec. 8-19. Notices and orders.
Sec. 8-20. Inspections.
Sec. 8-21. Other duties of the floodplain administrator.
Sec. 8-22. Floodplain management records.
Sec. 8-14. Designation.
The building and zoning director is designated as the floodplain administrator. The
floodplain administrator may delegate performance of certain duties to other employees.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-15. General.
The floodplain administrator is authorized and directed to administer and enforce the
provisions of this chapter. The floodplain administrator shall have the authority to render
interpretations of this chapter consistent with the intent and purpose of this chapter and may
establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this chapter without the granting of a variance pursuant to sections 8-38
through 8-45 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-16. Applications and permits.
The floodplain administrator, in coordination with other pertinent offices of the
community, shall:
(1) Review applications and plans to determine whether proposed new development
will be located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard
areas for compliance with the requirements of this chapter;
Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the
determination shall have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other
sources or shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be
reasonably safe from flooding;
Issue floodplain development permits or approvals for development other than
buildings and structures that are subject to the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code, when
compliance with this chapter is demonstrated, or disapprove the same in the
event of noncompliance; and
(8) Coordinate with and provide comments to the building official to assure that
applications, plan reviews, and inspections for buildings and structures in flood
hazard areas comply with the applicable provisions of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
(3)
(7)
Sec. 8-17. Substantial improvement and substantial damage determinations.
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy, additions,
rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any
other improvement of or work on such buildings and structures, the floodplain administrator, in
coordination with the building official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or
structure before the start of construction of the proposed work; in the case of
repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre -damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure;
Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the Florida Building Code and this chapter
is required.
(Ord. No. 25-13-43, § 2, 4-8-13)
(3)
Sec. 8-18. Modifications of the strict application of the requirements of the Florida
Building Code.
The floodplain administrator shall review requests submitted to the building official that
seek approval to modify the strict application of the flood load and flood resistant construction
requirements of the Florida Building Code to determine whether such requests require the
granting of a variance pursuant to sections 8-38 through 8-45 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-19. Notices and orders.
The floodplain administrator shall coordinate with appropriate local agencies for the
issuance of all necessary notices or orders to ensure compliance with this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-20. Inspections.
The floodplain administrator shall make the required inspections as specified in sections
8-34 through 8-37 of this chapter for development that is not subject to the Florida Building
Code, including buildings, structures and facilities exempt from the Florida Building Code. The
floodplain administrator shall inspect flood hazard areas to determine if development is
undertaken without issuance of a permit.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-21. Other duties of the floodplain administrator.
The floodplain administrator shall have other duties, including but not limited to:
(1) Establish, in coordination with the building official, procedures for administering
and documenting determinations of substantial improvement and substantial
damage made pursuant to section 8-17 of this chapter;
(2) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State
Floodplain Management Office, and submit copies of such notifications to the
Federal Emergency Management Agency (FEMA);
Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information
necessary to maintain the flood insurance rate maps if the analyses propose to
change base flood elevations, flood hazard area boundaries, or floodway
designations; such submissions shall be made within six (6) months of such data
becoming available;
(4) Review required design certifications and documentation of elevations specified
by this chapter and the Florida Building Code and this chapter to determine that
such certifications and documentations are complete;
Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Atlantic Beach are modified; and
(6) Advise applicants for new buildings and structures, including substantial
improvements, that are located in any unit of the Coastal Barrier Resources
System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and
the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood
insurance is not available on such construction; areas subject to this limitation
are identified on flood insurance rate maps as "coastal barrier resource system
areas" and "otherwise protected areas."
(Ord. No. 25-13-43, § 2, 4-8-13)
(3)
(5)
Sec. 8-22. Floodplain management records.
Regardless of any limitation on the period required for retention of public records, the
floodplain administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of this chapter and the flood
resistant construction requirements of the Florida Building Code, including flood insurance rate
maps; letters of change; records of issuance of permits and denial of permits; determinations of
whether proposed work constitutes substantial improvement or repair of substantial damage;
required design certifications and documentation of elevations specified by the Florida Building
Code and this chapter; notifications to adjacent communities, FEMA, and the state related to
alterations of watercourses; assurances that the flood carrying capacity of altered watercourses
will be maintained; documentation related to appeals and variances, including justification for
issuance or denial; and records of enforcement actions taken pursuant to this chapter and the
flood resistant construction requirements of the Florida Building Code. These records shall be
available for public inspection at City of Atlantic Beach Building Department 800 Seminole Road
Atlantic Beach, Florida.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision IV. Permits
Sec. 8-23. Permits required.
Sec. 8-24. Floodplain development permits or approvals.
Sec. 8-24.1. Buildings, structures and facilities exempt from the Florida Building Code.
Sec. 8-25. Application for a permit or approval.
Sec. 8-26. Validity of permit or approval.
Sec. 8-27. Expiration.
Sec. 8-28. Suspension or revocation.
Sec. 8-29. Other permits required.
Sec. 8-23. Permits required.
Any owner or owner's authorized agent (hereinafter "applicant") who intends to
undertake any development activity within the scope of this chapter, including buildings,
structures and facilities exempt from the Florida Building Code, which is wholly within or partially
within any flood hazard area shall first make application to the floodplain administrator, and the
building official if applicable, and shall obtain the required permit(s) and approval(s). No such
permit or approval shall be issued until compliance with the requirements of this chapter and all
other applicable codes and regulations has been satisfied.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-24. Floodplain development permits or approvals.
Floodplain development permits or approvals shall be issued pursuant to this chapter for
any development activities not subject to the requirements of the Florida Building Code,
including buildings, structures and facilities exempt from the Florida Building Code. Depending
on the nature and extent of proposed development that includes a building or structure, the
floodplain administrator may determine that a floodplain development permit or approval is
required in addition to a building permit.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-24.1. Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are exempt
from the Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this chapter:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in F.S. § 604.50.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5)
Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which
are directly involved in the generation, transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means
an open -sided wooden hut that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other non -wood features.
(7)
Family mausoleums not exceeding two hundred fifty (250) square feet in area
which are prefabricated and assembled on site or preassembled and delivered
on site and have walls, roofs, and a floor constructed of granite, marble, or
reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in
the state correctional system.
Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on
flood insurance rate maps.
(Ord. No. 25-13-43, § 2, 4-8-13)
(9)
Sec. 8-25. Application for a permit or approval.
To obtain a floodplain development permit or approval the applicant shall first file an
application in writing on a form furnished by the community. The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by
legal description, street address or similar description that will readily identify and
definitively locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in
subdivision V of this chapter.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the floodplain administrator.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-26. Validity of permit or approval.
The issuance of a floodplain development permit or approval pursuant to this chapter
shall not be construed to be a permit for, or approval of, any violation of this chapter, the Florida
Building Codes, or any other ordinance of this community. The issuance of permits based on
submitted applications, construction documents, and information shall not prevent the floodplain
administrator from requiring the correction of errors and omissions.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-27. Expiration.
A floodplain development permit or approval shall become invalid unless the work
authorized by such permit is commenced within one hundred eighty (180) days after its
issuance, or if the work authorized is suspended or abandoned for a period of one hundred
eighty (180) days after the work commences. Extensions for periods of not more than one
hundred eighty (180) days each shall be requested in writing and justifiable cause shall be
demonstrated.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-28. Suspension or revocation.
The floodplain administrator is authorized to suspend or revoke a floodplain
development permit or approval if the permit was issued in error, on the basis of incorrect,
inaccurate or incomplete information, or in violation of this chapter or any other ordinance,
regulation or requirement of this community.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-29. Other permits required.
Floodplain development permits and building permits shall include a condition that all
other applicable state or federal permits be obtained before commencement of the permitted
development, including but not limited to the following:
(1) The St. Johns River Water Management District; F.S. § 373.036.
(2) Florida Department of Health for onsite sewage treatment and disposal systems;
F.S. § 381.0065, and Chapter 64E-6, F.A.C.
Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of
the coastal construction control line; F.S. § 161.141.
(4) Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; F.S. § 161.055.
Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of
Engineers; Section 404 of the Clean Water Act.
(6) Federal permits and approvals.
(Ord. No. 25-13-43, § 2, 4-8-13)
(3)
(5)
Subdivision V. Site Plans and Construction Documents
Sec. 8-30. Information for development in flood hazard areas.
Sec. 8-31. Information in flood hazard areas without base flood elevations (approximate zone
A).
Sec. 8-32. Additional analyses and certifications.
Sec. 8-33. Submission of additional data.
Sec. 8-30. Information for development in flood hazard areas.
The site plan or construction documents for any development subject to the
requirements of this chapter shall be drawn to scale and shall include, as applicable to the
proposed development:
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base
flood elevation(s), and ground elevations if necessary for review of the proposed
development.
(2) Where base flood elevations, or floodway data are not included on the FIRM or in
the flood insurance study, they shall be established in accordance with
subsection 8-31(2) or 8-32(3) of this chapter.
Where the parcel on which the proposed development will take place will have
more than fifty (50) lots or is larger than five (5) acres and the base flood
elevations are not included on the FIRM or in the flood insurance study, such
elevations shall be established in accordance with subsection 8-31(1) of this
chapter.
(4) Location of the proposed activity and proposed structures, and locations of
existing buildings and structures; in coastal high hazard areas, new buildings
shall be located landward of the reach of mean high tide.
Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(3)
(5)
(6) Where the placement of fill is proposed, the amount, type, and source of fill
material; compaction specifications; a description of the intended purpose of the
fill areas; and evidence that the proposed fill areas are the minimum necessary to
achieve the intended purpose.
Delineation of the Coastal Construction Control Line or notation that the site is
seaward of the coastal construction control line, if applicable.
(8) Extent of any proposed alteration of sand dunes or mangrove stands, provided
such alteration is approved by the Florida Department of Environmental
Protection.
(7)
(9)
Existing and proposed alignment of any proposed alteration of a watercourse.
The floodplain administrator is authorized to waive the submission of site plans,
construction documents, and other data that are required by this chapter but that are not
required to be prepared by a registered design professional if it is found that the nature of the
proposed development is such that the review of such submissions is not necessary to
ascertain compliance with this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-31. Information in flood hazard areas without base flood elevations (approximate
zone A).
Where flood hazard areas are delineated on the FIRM and base flood elevation data
have not been provided, the floodplain administrator shall:
(1) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices;
(2) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant
to obtain and use base flood elevation and floodway data available from a federal
or state agency or other source;
Where base flood elevation and floodway data are not available from another
source, where the available data are deemed by the floodplain administrator to
not reasonable reflect flooding conditions, or where the available data are known
to be scientifically or technically incorrect or otherwise inadequate:
a. Require the applicant to develop base flood elevation data prepared in
accordance with currently accepted engineering practices; or
b. Specify that the base flood elevation is four and one-half (4.5) feet above
the highest adjacent grade at the location of the development, provided
there is no evidence indicating flood depths have been or may be greater
than four and one-half (4.5) feet.
(4) Where the base flood elevation data are to be used to support a letter of map
change from FEMA, advise the applicant that the analyses shall be prepared by
a Florida licensed engineer in a format required by FEMA, and that it shall be the
responsibility of the applicant to satisfy the submittal requirements and pay the
processing fees.
(Ord. No. 25-13-43, § 2, 4-8-13)
(3)
Sec. 8-32. Additional analyses and certifications.
As applicable to the location and nature of the proposed development activity, and in
addition to the requirements of this section, the applicant shall have the following analyses
signed and sealed by a Florida licensed engineer for submission with the site plan and
construction documents:
(1) For development activities proposed to be located in a regulatory floodway, a
floodway encroachment analysis that demonstrates that the encroachment of the
proposed development will not cause any increase in base flood elevations;
where the applicant proposes to undertake development activities that do
increase base flood elevations, the applicant shall submit such analysis to FEMA
as specified in section 8-33 of this chapter and shall submit the conditional letter
of map revision, if issued by FEMA, with the site plan and construction
documents.
(2) For development activities proposed to be located in a riverine flood hazard area
for which base flood elevations are included in the flood insurance study or on
the FIRM and floodways have not been designated, hydrologic and hydraulic
analyses that demonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated flood hazard
area encroachments, will not increase the base flood elevation more than one (1)
foot at any point within the community. This requirement does not apply in
(3)
isolated flood hazard areas not connected to a riverine flood hazard area or in
flood hazard areas identified as zone AO or zone AH.
For alteration of a watercourse, an engineering analysis prepared in accordance
with standard engineering practices which demonstrates that the flood -carrying
capacity of the altered or relocated portion of the watercourse will not be
decreased, and certification that the altered watercourse shall be maintained in a
manner which preserves the channel's flood -carrying capacity; the applicant shall
submit the analysis to FEMA as specified in section 8-33 of this chapter.
(4) For activities that propose to alter sand dunes or mangrove stands in coastal
high hazard areas (zone V), an engineering analysis that demonstrates that the
proposed alteration will not increase the potential for flood damage.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-33. Submission of additional data.
When additional hydrologic, hydraulic or other engineering data, studies, and additional
analyses are submitted to support an application, the applicant has the right to seek a letter of
map change from FEMA to change the base flood elevations, change floodway boundaries, or
change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA
for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format
required by FEMA. Submittal requirements and processing fees shall be the responsibility of the
applicant.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision VI. Inspections
Sec. 8-34. General.
Sec. 8-34.1. Development other than buildings and structures.
Sec. 8-34.2, Buildings, structures and facilities exempt from the Florida Building Code.
Sec. 8-35.
Sec. 8-36.
Sec. 8-37.
Same, lowest floor inspection.
Same, final inspection.
Manufactured homes.
Sec. 8-34. General.
Development for which a floodplain development permit or approval is required shall be
subject to inspection.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-34.1. Development other than buildings and structures.
The floodplain administrator shall inspect all development to determine compliance with
the requirements of this chapter and the conditions of issued floodplain development permits or
approvals.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-34.2, Buildings, structures and facilities exempt from the Florida Building Code.
The floodplain administrator shall inspect buildings, structures and facilities exempt from
the Florida Building Code to determine compliance with the requirements of this chapter and the
conditions of issued floodplain development permits or approvals.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-35. Same, lowest floor inspection.
Upon placement of the lowest floor, including basement, and prior to further vertical
construction, the owner of a building, structure or facility exempt from the Florida Building Code,
or the owner's authorized agent, shall submit to the floodplain administrator:
(1) If a design flood elevation was used to determine the required elevation of the
lowest floor, the certification of elevation of the lowest floor prepared and sealed
by a Florida licensed professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with subsection 8-31(3)(b) of this chapter, the
documentation of height of the lowest floor above highest adjacent grade,
prepared by the owner or the owner's authorized agent.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-36. Same, final inspection.
As part of the final inspection, the owner or owner's authorized agent shall submit to the
floodplain administrator a final certification of elevation of the lowest floor or final documentation
of the height of the lowest floor above the highest adjacent grade; such certifications and
documentations shall be prepared as specified in section 8-35 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-37. Manufactured homes.
The building official shall inspect manufactured homes that are installed or replaced in
flood hazard areas to determine compliance with the requirements of this chapter and the
conditions of the issued permit. Upon placement of a manufactured home, certification of the
elevation of the lowest floor shall be submitted to the building official.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision VII. Variances and Appeals
Sec. 8-38. General.
Sec. 8-39. Appeals.
Sec. 8-40. Limitations on authority to grant variances.
Sec. 8-41. Restrictions in floodways.
Sec. 8-42. Historic buildings.
Sec. 8-43. Functionally dependent uses.
Sec. 8-44. Considerations for issuance of variances.
Sec. 8-45. Conditions for issuance of variances.
Sec. 8-38. General.
The city commission shall hear and decide on requests for appeals and requests for
variances from the strict application of this chapter. Pursuant to F.S. § 553.73(5), the city
commission shall hear and decide on requests for appeals and requests for variances from the
strict application of the flood resistant construction requirements of the Florida Building Code.
This section does not apply to Section 3109 of the Florida Building Code, Building.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-39. Appeals.
The city commission shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the floodplain administrator in the
administration and enforcement of this chapter. Any person aggrieved by the decision of the city
commission may appeal such decision to the circuit court, as provided by Florida Statutes.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-40. Limitations on authority to grant variances.
The city commission shall base its decisions on variances on technical justifications
submitted by applicants, the considerations for issuance in section 8-44 of this chapter, the
conditions of issuance set forth in section 8-45 of this chapter, and the comments and
recommendations of the floodplain administrator and the building official. The city commission
has the right to attach such conditions as it deems necessary to further the purposes and
objectives of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-41. Restrictions in floodways.
A variance shall not be issued for any proposed development in a floodway if any
increase in base flood elevations would result, as evidenced by the applicable analyses and
certifications required in section 8-32 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-42. Historic buildings.
A variance is authorized to be issued for the repair, improvement, or rehabilitation of a
historic building that is determined eligible for the exception to the flood resistant construction
requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings,
upon a determination that the proposed repair, improvement, or rehabilitation will not preclude
the building's continued designation as a historic building and the variance is the minimum
necessary to preserve the historic character and design of the building. If the proposed work
precludes the building's continued designation as a historic building, a variance shall not be
granted and the building and any repair, improvement, and rehabilitation shall be subject to the
requirements of the Florida Building Code.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-43. Functionally dependent uses.
A variance is authorized to be issued for the construction or substantial improvement
necessary for the conduct of a functionally dependent use, as defined in this chapter, provided
the variance meets the requirements of section 8-41, is the minimum necessary considering the
flood hazard, and all due consideration has been given to use of methods and materials that
minimize flood damage during occurrence of the base flood.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-44. Considerations for issuance of variances.
In reviewing requests for variances, the city commission shall consider all technical
evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this
chapter, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in
further injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood
damage and the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the
community;
The availability of alternate locations for the proposed development that are
subject to lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and
emergency vehicles;
The expected heights, velocity, duration, rate of rise and debris and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(10) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, streets and bridges.
(Ord. No. 25-13-43, § 2, 4-8-13)
(5)
(7)
(9)
Sec. 8-45. Conditions for issuance of variances.
Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the
unique characteristics of the size, configuration, or topography of the site limit
compliance with any provision of this chapter or the required elevation standards;
(2) Determination by the city commission that:
a. Failure to grant the variance would result in exceptional hardship due to
the physical characteristics of the land that render the lot undevelopable;
increased costs to satisfy the requirements or inconvenience do not
constitute hardship;
b. The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor
create nuisances, cause fraud on or victimization of the public or conflict
with existing local laws and ordinances; and
c. The variance is the minimum necessary, considering the flood hazard, to
afford relief.
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall
be recorded in the office of the clerk of the court in such a manner that it appears
in the chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new
building, or substantial improvement of a building, below the required elevation, a
copy in the record of a written notice from the floodplain administrator to the
applicant for the variance, specifying the difference between the base flood
elevation and the proposed elevation of the lowest floor, stating that the cost of
federal flood insurance will be commensurate with the increased risk resulting
from the reduced floor elevation (up to amounts as high as twenty-five dollars
($25.00) for one hundred dollars ($100.00) of insurance coverage), and stating
that construction below the base flood elevation increases risks to life and
property.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision VIII. Violations
Sec. 8-46. Violations.
Sec. 8-47. Reserved.
Sec. 8-48. Authority.
Sec. 8-49. Unlawful continuance.
Sec. 8-46. Violations.
Any development that is not within the scope of the Florida Building Code but that is
regulated by this chapter that is performed without an issued permit, that is in conflict with an
issued permit, or that does not fully comply with this chapter, shall be deemed a violation of this
chapter. A building or structure without the documentation of elevation of the lowest floor, other
required design certifications, or other evidence of compliance required by this chapter or the
Florida Building Code is presumed to be a violation until such time as that documentation is
provided.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-47. Reserved.
Sec. 8-48. Authority.
For development that is not within the scope of the Florida Building Code but that is
regulated by this chapter and that is determined to be a violation, the floodplain administrator is
authorized to serve notices of violation or stop work orders to owners of the property involved, to
the owner's agent, or to the person or persons performing the work.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-49. Unlawful continuance.
Any person who shall continue any work after having been served with a notice of
violation or a stop work order, except such work as that person is directed to perform to remove
or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.
(Ord. No. 25-13-43, § 2, 4-8-13)
ARTICLE II. DEFINITIONS
Sec. 8-50. Scope.
Sec. 8-51. Terms defined in the Florida Building Code.
Sec. 8-52. Terms not defined.
Sec. 8-50. Scope.
Unless otherwise expressly stated, the following words and terms shall, for the purposes
of this chapter, have the meanings shown in this article.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-51. Terms defined in the Florida Building Code.
Where terms are not defined in this chapter and are defined in the Florida Building Code,
such terms shall have the meanings ascribed to them in that code.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-52. Terms not defined.
Where terms are not defined in this chapter or the Florida Building Code, such terms
shall have ordinarily accepted meanings such as the context implies.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the
channel capacity, or any other form of modification which may alter, impede, retard or change
the direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the floodplain administrator's interpretation of any
provision of this chapter or a request for a variance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced
by the Florida Building Code. ASCE 24 is developed and published by the American Society of
Civil Engineers, Reston, VA.
Base flood. A flood having a one-percent chance of being equaled or exceeded in any
given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as
the "100-year flood" or the "one-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to
the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the flood insurance rate map (FIRM). [Also defined in FBC, B, Section
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all
sides. [Also defined in FBC, B, Section 1612.2.]
Coastal construction control line. The line established by the State of Florida pursuant to
F.S. § 161.053, and recorded in the official records of the community, which defines that portion
of the beach-dune system subject to severe fluctuations based on a 100-year storm surge,
storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. Coastal high hazard areas are also
referred to as "high hazard areas subject to high velocity wave action" or "V zones" and are
designated on flood insurance rate maps (FIRM) as zone V1-V30, VE, or V. [Note: The FBC, B
defines and uses the term "flood hazard areas subject to high velocity wave action" and the
FBC, R uses the term "coastal high hazard areas."]
Design flood. The flood associated with the greater of the following two (2) areas: [Also
defined in FBC, B, Section 1612.2.]
(1) Area with a floodplain subject to a one-percent or greater chance of flooding in
any year; or
(2) Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height,
relative to the datum specified on the community's legally designated flood hazard map. In
areas designated as zone AO, the design flood elevation shall be the elevation of the highest
existing grade of the building's perimeter plus the depth number (in feet) specified on the flood
hazard map. In areas designated as zone AO where the depth number is not specified on the
map, the depth number shall be taken as being equal to two (2) feet. [Also defined in FBC, B,
Section 1612.2.]
Development. Any manmade change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, tanks, temporary structures, temporary or
permanent storage of equipment or materials, mining, dredging, filling, grading, paving,
excavations, drilling operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity of
riverine flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start
of construction" commenced before March 15, 1977. Also defined in FBC, B, Section 1612.2.
Existing manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before March 15, 1977.
Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency that, in addition
to carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 1612.2.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage -resistant materials. Any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that requires more
than cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two (2) areas: [Also defined in FBC, B,
Section 1612.2.]
(1) The area within a floodplain subject to a one -percent or greater chance of
flooding in any year.
(2) The area designated as a flood hazard area on the community's flood hazard
map, or otherwise legally designated.
Flood insurance rate map (FIRM). The official map of the community on which the
Federal Emergency Management Agency has delineated both special flood hazard areas and
the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]
Flood insurance study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the flood insurance rate map, the flood boundary and
floodway map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain administrator. The office or position designated and charged with the
administration and enforcement of this chapter (may be referred to as the floodplain manager).
Floodplain development permit or approval. An official document or certificate issued by
the community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to
be compliant with this chapter.
Floodway. The channel of a river or other riverine watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic
Buildings.
Letter of map change (LOMC). An official determination issued by FEMA that amends or
revises an effective flood insurance rate map or flood insurance study. Letters of map change
include:
Letter of map amendment (LOMA). An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective flood insurance rate map and establishes that a specific property,
portion of a property, or structure is not located in a special flood hazard area.
Letter of map revision (LOMR). A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and floodway
delineations, and other planimetric features.
Letter of map revision based on fill (LOMR-F). A determination that a structure or parcel
of land has been elevated by fill above the base flood elevation and is, therefore, no longer
located within the special flood hazard area. In order to qualify for this determination, the fill
must have been permitted and placed in accordance with the community's floodplain
management regulations.
Conditional letter of map revision (CLOMR). A formal review and comment as to whether
a proposed flood protection project or other project complies with the minimum NFIP
requirements for such projects with respect to delineation of special flood hazard areas. A
CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon
submission and approval of certified as -built documentation, a letter of map revision may be
issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eight
thousand five hundred (8,500) pounds gross vehicular weight rating or less which has a
vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of
forty-five (45) square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle; or
(2) Designed primarily for transportation of persons and has a capacity of more than
twelve (12) persons; or
Available with special features enabling off-street or off-highway operation and
use.
(3)
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood -resistant enclosure, other than a
basement, usable solely for vehicle parking, building access or limited storage provided that
such enclosure is not built so as to render the structure in violation of the non -elevation
requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section
1612.2.]
Manufactured home. A structure, transportable in one (1) or more sections, which is
eight (8) feet or more in width and greater than four hundred (400) square feet, and which is
built on a permanent, integral chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does not
include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having
reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market
value of buildings and structures, excluding the land and other improvements on the parcel.
Market value may be established by a qualified independent appraiser, actual cash value
(replacement cost depreciated for age and quality of construction), or tax assessment value
adjusted to approximate market value by a factor provided by the property appraiser.
New construction. For the purposes of administration of this chapter and the flood
resistant construction requirements of the Florida Building Code, structures for which the "start
of construction" commenced on or after March 15, 1977 and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after March 15,
1977.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet
and which is built on a single chassis and is designed to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures and appliances.
Recreational vehicle. A vehicle, including a park trailer, which is: (See F.S. § 320.01)
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of
the beach.
Special flood hazard area. An area in the floodplain subject to a one -percent or greater
chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as zone
A, AO, A1 -A30, AE, A99, AH, V1 -V30, VE or V. [Also defined in FBC, B Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement is within one hundred
eighty (180) days of the date of the issuance. The actual start of construction means either the
first placement of permanent construction of a building (including a manufactured home) on a
site, such as the pouring of slab or footings, the installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement, the actual "start of construction" means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Also defined in FBC, B Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure whereby
the cost of restoring the building or structure to its before -damaged condition would equal or
exceed 50 percent of the market value of the building or structure before the damage occurred.
[Also defined in FBC, B Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of
the market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
include either: [Also defined in FBC, B, Section 1612.2.]
(1) Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the building official and that are
the minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this chapter, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this chapter or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on,
through, or over which water flows at least periodically.
(Ord. No. 25-13-43, § 2, 4-8-13)
ARTICLE III. FLOOD RESISTANT DEVELOPMENT
DIVISION 1. BUILDINGS AND STRUCTURES, SUBDIVISIONS, SITE
IMPROVEMENTS, MANUFACTURED HOMES, RECREATIONAL VEHICLES AND
PARK TRAILERS, TANKS, OTHER DEVELOPMENT
Subdivision I. Buildings and Structures, Subdivisions, Site Improvements
Sec. 8-53. Design and construction of buildings, structures and facilities exempt from the
Florida Building Code.
Sec. 8-54. Buildings and structures seaward of the coastal construction control line.
Sec. 8-55. Minimum requirements.
Sec. 8-56. Subdivision plats.
Sec. 8-57. Minimum requirements.
Sec. 8-58. Sanitary sewage facilities.
Sec. 8-59. Water supply facilities.
Sec. 8-60. Limitations on sites in regulatory floodways.
Sec. 8-61. Limitations on placement of fill.
Sec. 8-62. Limitations on sites in coastal high hazard areas (zone V).
Sec. 8-53. Design and construction of buildings, structures and facilities exempt from
the Florida Building Code.
Pursuant to section 8-24.1 of this chapter, buildings, structures, and facilities that are
exempt from the Florida Building Code, including substantial improvement or repair of
substantial damage of such buildings, structures and facilities, shall be designed and
constructed in accordance with the flood load and flood resistant construction requirements of
ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed
buildings shall comply with the requirements of section 8-82 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-54. Buildings and structures seaward of the coastal construction control line.
If extending, in whole or in part, seaward of the coastal construction control line and also
located, in whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the
more restrictive applicable requirements of the Florida Building Code, Building
Section 3109 and Section 1612 or Florida Building Code, Residential Section
R322.
(2) Minor structures and non -habitable major structures as defined in F.S. § 161.54,
shall be designed and constructed to comply with the intent and applicable
provisions of this chapter and ASCE 24.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-55. Minimum requirements.
Subdivision proposals, including proposals for manufactured home parks and
subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood
damage; and
Adequate drainage is provided to reduce exposure to flood hazards; in zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around
and away from proposed structures.
(Ord. No. 25-13-43, § 2, 4-8-13)
(3)
Sec. 8-56. Subdivision plats.
Where any portion of proposed subdivisions, including manufactured home parks and
subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and
design flood elevations, as appropriate, shall be shown on preliminary plats and
final plats;
(2) Where the subdivision has more than 50 lots or is larger than five (5) acres and
base flood elevations are not included on the FIRM, the base flood elevations
determined in accordance with subsection 8-31(1) of this chapter; and
Compliance with the site improvement and utilities requirements of sections 8-55
through 8-62 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
(3)
Sec. 8-57. Minimum requirements.
All proposed new development shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood
damage; and
Adequate drainage is provided to reduce exposure to flood hazards; in zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around
and away from proposed structures.
(3)
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-58. Sanitary sewage facilities.
All new and replacement sanitary sewage facilities, private sewage treatment plants
(including all pumping stations and collector systems), and on-site waste disposal systems shall
be designed in accordance with the standards for onsite sewage treatment and disposal
systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment
of the facilities and systems.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-59. Water supply facilities.
All new and replacement water supply facilities shall be designed in accordance with the
water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to
minimize or eliminate infiltration of floodwaters into the systems.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-60. Limitations on sites in regulatory floodways.
No development, including but not limited to site improvements, and land disturbing
activity involving fill or regrading, shall be authorized in the regulatory floodway unless the
floodway encroachment analysis required in subsection 8-32(1) of this chapter demonstrates
that the proposed development or land disturbing activity will not result in any increase in the
base flood elevation.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-61. Limitations on placement of fill.
Subject to the limitations of this chapter, fill shall be designed to be stable under
conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged
inundation, and protection against flood -related erosion and scour. In addition to these
requirements, if intended to support buildings and structures (zone A only), fill shall comply with
the requirements of the Florida Building Code.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-62. Limitations on sites in coastal high hazard areas (zone V).
In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be
permitted only if such alteration is approved by the Florida Department of Environmental
Protection and only if the engineering analysis required by subsection 8-32(4) of this chapter
demonstrates that the proposed alteration will not increase the potential for flood damage.
Construction or restoration of dunes under or around elevated buildings and structures shall
comply with section 8-67 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision 11. Manufactured Homes
Sec. 8-63. General.
Sec. 8-64. Foundations.
Sec. 8-65. Anchoring.
Sec. 8-66. Elevation.
Sec. 8-66.1. General elevation requirement.
Sec. 8-67. Elevation requirement for certain existing manufactured home parks and
subdivisions.
Sec. 8-68. Enclosures.
Sec. 8-69. Utility equipment.
Sec. 8-63. General.
All manufactured homes installed in flood hazard areas shall be installed by an installer
that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter
15C-1, F.A.C. and the requirements of this chapter. If located seaward of the coastal
construction control line, all manufactured homes shall comply with the more restrictive of the
applicable requirements.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-64. Foundations.
All new manufactured homes and replacement manufactured homes installed in flood
hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazard areas (zone A) other than coastal high hazard areas, are
designed in accordance with the foundation requirements of the Florida Building
Code, Residential Section R322.2 and this chapter.
(2) In coastal high hazard areas (zone V), are designed in accordance with the
foundation requirements of the Florida Building Code, Residential Section
R322.3 and this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-65. Anchoring.
All new manufactured homes and replacement manufactured homes shall be installed
using methods and practices which minimize flood damage and shall be securely anchored to
an adequately anchored foundation system to resist flotation, collapse or lateral movement.
Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground
anchors. This anchoring requirement is in addition to applicable state and local anchoring
requirements for wind resistance.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-66. Elevation.
Manufactured homes that are placed, replaced, or substantially improved shall comply
with section 8-66.1 or 8-67 of this chapter, as applicable.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-66.1. General elevation requirement.
Unless subject to the requirements of section 8-67 of this chapter, all manufactured
homes that are placed, replaced, or substantially improved on sites located: (a) outside of a
manufactured home park or subdivision; (b) in a new manufactured home park or subdivision;
(c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing
manufactured home park or subdivision upon which a manufactured home has incurred
"substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame
is at or above the elevation required, as applicable to the flood hazard area, in the Florida
Building Code, Residential Section R322.2 (zone A) or Section R322.3 (zone V).
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-67. Elevation requirement for certain existing manufactured home parks and
subdivisions.
Manufactured homes that are not subject to section 8-66.1 of this chapter, including
manufactured homes that are placed, replaced, or substantially improved on sites located in an
existing manufactured home park or subdivision, unless on a site where substantial damage as
result of flooding has occurred, shall be elevated such that either the:
(1) Bottom of the frame of the manufactured home is at or above the elevation
required, as applicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2 (zone A) or Section R322.3 (zone V); or
(2) Bottom of the frame is supported by reinforced piers or other foundation
elements of at least equivalent strength that are not less than thirty-six (36)
inches in height above grade.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-68. Enclosures.
Enclosed areas below elevated manufactured homes shall comply with the requirements
of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to
the flood hazard area.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-69. Utility equipment.
Utility equipment that serves manufactured homes, including electric, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply
with the requirements of the Florida Building Code, Residential Section R322, as applicable to
the flood hazard area.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision III. Recreational Vehicles and Park Trailers
Sec. 8-70. Temporary placement.
Sec. 8-70.1. Permanent placement.
Sec. 8-70. Temporary placement.
Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:
(1) Be on the site for fewer than one hundred eighty (180) consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational
vehicle or park model is on wheels or jacking system, is attached to the site only
by quick -disconnect type utilities and security devices, and has no permanent
attachments such as additions, rooms, stairs, decks and porches.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-70.1. Permanent placement.
Recreational vehicles and park trailers that do not meet the limitations in section 8-70 of
this chapter for temporary placement shall meet the requirements of sections 8-63 through 8-69
of this chapter for manufactured homes.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision IV. Tanks
Sec. 8-71. Underground tanks.
Sec. 8-72. Above -ground tanks, not elevated.
Sec. 8-73. Above -ground tanks, elevated.
Sec. 8-74. Tank inlets and vents.
Sec. 8-71. Underground tanks.
Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse
or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the
design flood, including the effects of buoyancy assuming the tank is empty.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-72. Above -ground tanks, not elevated.
Above -ground tanks that do not meet the elevation requirements of section 8-73 of this
chapter shall:
(1) Be permitted in flood hazard areas (zone A) other than coastal high hazard
areas, provided the tanks are anchored or otherwise designed and constructed to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of
buoyancy assuming the tank is empty and the effects of flood -borne debris.
(2) Not be permitted in coastal high hazard areas (zone V).
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-73. Above -ground tanks, elevated.
Above -ground tanks in flood hazard areas shall be attached to and elevated to or above
the design flood elevation on a supporting structure that is designed to prevent flotation,
collapse or lateral movement during conditions of the design flood. Tank -supporting structures
shall meet the foundation requirements of the applicable flood hazard area.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-74. Tank inlets and vents.
Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent
the inflow of floodwater or outflow of the contents of the tanks during conditions
of the design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision V. Other Development
Sec. 8-75. General requirements for other development.
Sec. 8-76. Fences in regulated floodways.
Sec. 8-77. Retaining walls, sidewalks and driveways in regulated floodways.
Sec. 8-78. Roads and watercourse crossings in regulated floodways.
Sec. 8-79. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,
patios and similar nonstructural uses in coastal high hazard areas (zone V).
Sec. 8-80. Decks and patios in coastal high hazard areas (zone V).
Sec. 8-81. Other development in coastal high hazard areas (zone V).
Sec. 8-82. Nonstructural fill in coastal high hazard areas (zone V).
Sec. 8-75. General requirements for other development.
All development, including manmade changes to improved or unimproved real estate for
which specific provisions are not specified in this chapter or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of section 8-60 of this chapter if located in a regulated
floodway;
Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood;
Be constructed of flood damage -resistant materials; and
Have mechanical, plumbing, and electrical systems above the design flood
elevation, except that minimum electric service required to address life safety
and electric code requirements is permitted below the design flood elevation
provided it conforms to the provisions of the electrical part of building code for
wet locations.
(3)
(4)
(5)
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-76. Fences in regulated floodways.
Fences in regulated floodways that have the potential to block the passage of
floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of
section 8-60 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-77. Retaining walls, sidewalks and driveways in regulated floodways.
Retaining walls and sidewalks and driveways that involve the placement of fill in
regulated floodways shall meet the limitations of section 8-60 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-78. Roads and watercourse crossings in regulated floodways.
Roads and watercourse crossings, including roads, bridges, culverts, low-water
crossings and similar means for vehicles or pedestrians to travel from one (1) side of a
watercourse to the other side, that encroach into regulated floodways shall meet the limitations
of section 8-60 of this chapter. Alteration of a watercourse that is part of a road or watercourse
crossing shall meet the requirements of subsection 8-32(3) of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-79. Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses in coastal high hazard areas (zone V).
In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors,
landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or
adjacent to buildings and structures provided the concrete slabs are designed and constructed
to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is
capable of causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-80. Decks and patios in coastal high hazard areas (zone V).
In addition to the requirements of the Florida Building Code, in coastal high hazard areas
decks and patios shall be located, designed, and constructed in compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the
bottom of the lowest horizontal structural member at or above the design flood
elevation and any supporting members that extend below the design flood
elevation shall comply with the foundation requirements that apply to the building
or structure, which shall be designed to accommodate any increased loads
resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be
structurally independent from buildings or structures and their foundation
systems, and shall be designed and constructed either to remain intact and in
place during design flood conditions or to break apart into small pieces to
minimize debris during flooding that is capable of causing structural damage to
the building or structure or to adjacent buildings and structures.
A deck or patio that has a vertical thickness of more than twelve (12) inches or
that is constructed with more than the minimum amount of fill necessary for site
drainage shall not be approved unless an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of floodwaters
or wave runup and wave reflection that would increase damage to the building or
structure or to adjacent buildings and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that
is at natural grade or on nonstructural fill material that is similar to and compatible
with local soils and is the minimum amount necessary for site drainage may be
approved without requiring analysis of the impact on diversion of floodwaters or
wave runup and wave reflection.
(Ord. No. 25-13-43, § 2, 4-8-13)
(3)
Sec. 8-81. Other development in coastal high hazard areas (zone V).
In coastal high hazard areas, development activities other than buildings and structures
shall be permitted only if also authorized by the appropriate federal, state or local authority; if
located outside the footprint of, and not structurally attached to, buildings and structures; and if
analyses prepared by qualified registered design professionals demonstrate no harmful
diversion of floodwaters or wave runup and wave reflection that would increase damage to
adjacent buildings and structures. Such other development activities include but are not limited
to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless
designed and constructed to fail under flood conditions less than the design flood
or otherwise function to avoid obstruction of floodwaters; and
(3)
On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as
filled systems or mound systems.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-82. Nonstructural fill in coastal high hazard areas (zone V).
In coastal high hazard areas:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one (1) unit vertical to
five (5) units horizontal shall be permitted only if an analysis prepared by a
qualified registered design professional demonstrates no harmful diversion of
floodwaters or wave runup and wave reflection that would increase damage to
adjacent buildings and structures.
Where authorized by the Florida Department of Environmental Protection or
applicable local approval, sand dune construction and restoration of sand dunes
under or around elevated buildings are permitted without additional engineering
analysis or certification of the diversion of floodwater or wave runup and wave
reflection if the scale and location of the dune work is consistent with local
beach -dune morphology and the vertical clearance is maintained between the
top of the sand dune and the lowest horizontal structural member of the building.
(Ord. No. 25-13-43, § 2, 4-8-13)
(3)
Chapter 9 HUMAN RELATIONS XXi `[1l
ARTICLE I. IN GENERAL
Sec. 9-1. Purpose.
Sec. 9-2. Definitions.
Sec. 9-3. Prohibited conduct.
Sec. 9-4. Complaints.
Sec. 9-5. Exemptions.
Sec. 9-6. Criminal acts.
Sec. 9-7. False claims.
Secs. 9-8-9-16. Reserved.
Sec. 9-1. Purpose.
To promote a city where individuals are free from discrimination based upon race, color,
religion, sex, national origin, sexual orientation, gender identity or gender expression.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-2. Definitions.
Whenever used in this chapter, the following words and terms shall have the following
meanings unless the context necessarily requires otherwise:
Aggrieved individual shall mean any individual who claims to have been injured by a
discriminatory practice.
Discriminatory practice shall mean any practice or act made unlawful or which is
otherwise prohibited by this chapter.
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.
Gender expression shall mean an individual's gender -related appearance and behavior,
whether or not that gender expression is or is perceived to be different from that traditionally
associated with the individual's assigned sex at birth.
Gender identity shall mean an individual's gender -related identity, whether or not that
identity is or is perceived to be different from that traditionally associated with the sex assigned
to that individual at birth.
National origin shall mean the national origin of an ancestor or the country of origin of an
individual's forebears, naturally, by marriage or by adoption.
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.
Places of public accommodation shall mean any establishment, service, place or
building which offers, sells, or otherwise makes available to the public any good, service, facility,
privilege or advantage. The following shall not be considered places of public accommodation:
private clubs or establishments not open to the public other than members of the club or
establishment, and facilities and accommodations owned or operated by religious organizations,
associations, societies, or non-profit organizations operating or controlled by a religious
organization, where the facilities and accommodations are made available to members of that
religion but not to the public.
Religious organization shall include a religious corporation, association or society.
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.
Sexual orientation means an individual's actual or perceived heterosexuality,
homosexuality or bisexuality.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-3. 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) No person or employment agency shall directly or indirectly discriminate against
any individual in hiring, classification, grading, discharge, discipline,
compensation or other term or condition of employment because of the
individual's race, color, religion, sex, national origin, sexual orientation, gender
identity or gender expression.
(2) No person shall discriminate against any individual in any aspect of any credit
transaction, or in any terms and conditions of bonding because of the individual's
race, color, religion, sex, national origin, sexual orientation, gender identity or
gender expression.
No person who owns, leases, rents, operates, manages or in any manner
controls a public accommodation shall withhold, deny, curtail, limit or discriminate
concerning the full use of such public accommodation by any individual because
of the individual's race, color, religion, sex, national origin, sexual orientation,
gender identity or gender expression.
(4) It shall be unlawful for a person to retaliate or discriminate in any manner against
an individual because such individual opposed a practice prohibited by this
chapter or prohibited by existing federal or state law prohibiting discrimination; or
to retaliate or discriminate in any manner against an individual because such
individual has filed a complaint, testified, assisted or participated in any manner
in any investigation, proceeding, hearing or conference under this chapter or
under any federal or state law prohibiting discrimination.
It shall be unlawful to coerce, intimidate, threaten or interfere with any individual
in the exercise or enjoyment of, or on account of his or her having exercised or
enjoyed, or on account of his or her having aided or encouraged any other
individual in the exercise or enjoyment of, any right granted or protected by this
chapter.
(Ord. No. 95-14-108, § 1, 8-11-14)
(3)
(5)
Sec. 9-4. Complaints.
(a) An aggrieved individual may, under this article, file a complaint with the city clerk
and request a hearing before a special magistrate within sixty (60) days to
determine if the alleged person committed a discriminatory practice prohibited by
this article. If the special magistrate finds that a discriminatory practice has been
committed or is about to be committed, the special magistrate may issue an
order prohibiting the discriminatory practice and providing affirmative relief from
the effects of the discriminatory practice including, but not limited to, a temporary
or permanent injunction or other equitable relief, a temporary restraining order, or
an award of actual damages, including back pay, punitive damages, an award of
reasonable attorney's fees, interest, and costs, or other such relief as the special
magistrate deems appropriate.
(b) Either party may appeal the decision of the special magistrate by commencing a
civil action in a court of competent jurisdiction provided, however, that such civil
action must be filed no later than one (1) year after the discriminatory practice is
alleged to have been committed.
(c) If, in a civil action commenced under this article, the court finds that a
discriminatory practice has been committed or is about to be committed, the
court may issue an order prohibiting the discriminatory practice and providing
affirmative relief from the effects of the discriminatory practice including, but not
limited to, a temporary or permanent injunction or other equitable relief, a
temporary restraining order, an award of actual damages, including back pay,
punitive damages, an award of reasonable attorney's fees, interest, and costs, or
other such relief as the court deems appropriate.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-5. Exemptions.
Nothing in sections 9-1 through 9-4 shall apply to:
(1) Sovereign immunity.
a. Pursuant to article X, section 13, Florida Constitution, nothing in this
chapter shall be deemed to be a provision for bringing suit against the
state or otherwise be deemed to be a waiver of sovereign immunity.
b. Nothing in this chapter shall be construed to prohibit any sovereignly
immune entity from adopting its own internal policies and rules to prohibit
discriminatory practices and acts and to resolve allegations or complaints
of such discriminatory practices and acts to the extent allowed by law.
c. Nothing in this chapter shall be deemed to modify, impair, or otherwise
affect any other right or remedy conferred by the constitution or laws of
the United States or the State of Florida, and the provisions of this
chapter shall be deemed to be in addition to those provided by such other
laws.
(2) Religious organizations. This article shall not apply to a corporation, association,
educational institution, or society that is exempt from the religious discrimination
provisions of title VII of the Civil Rights Acts of 1964 pursuant to section 702(a) of
such Act (42 U.S.C. 2000e -1(a)), or as such section may hereafter be amended.
For purposes of this chapter, such corporations, associations, educational
institutions, or societies shall include religious corporations, associations,
educational institutions, or societies which condition opportunities in the area of
employment to members of that religious corporation, association, educational
institution, or society or to persons who subscribe to its tenants or beliefs.
Employers. Notwithstanding any other provision of this article, it shall not be a
discriminatory practice under this article to take or fail to take any action based
upon the individual's race, color, religion, sex, national origin, sexual orientation,
gender identity or gender expression when a bona fide occupational qualification
is reasonably necessary for the performance of employment to which such action
or inaction is related. Employers are able to observe the terms of a bona fide
seniority system, a bona fide employee benefit plan such as a retirement,
pension, or insurance plan, or a system which measures earnings by quantity or
quality of production, which is not designed, intended, or used to evade the
purposes of this article. This article shall not be construed to make unlawful the
rejection or termination of employment when the individual applicant or employee
has failed to meet bona fide requirements for the job or position sought or held,
nor shall this article preclude such physical and medical examinations of
(3)
applicants and employees as an employer may require of applicants and
employees to determine fitness for the job or position sought or held.
(4) Businesses. This article shall not apply to a corporation, professional association
or business that employs fifteen (15) employees or less.
Rentals. This article shall not apply to 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 (1) of such living quarters as his residence.
(Ord. No. 95-14-108, § 1, 8-11-14)
(5)
Sec. 9-6. Criminal acts.
Nothing in this article may be asserted or construed as a defense to any criminal act,
prohibited by local, state or federal laws.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-7. False claims.
If a court of competent jurisdiction finds that an unsupported claim was filed by an
individual claiming to be an aggrieved party, the party required to defend against the meritless
claim shall be entitled to attorney's fees and sanctions pursuant to F.S. § 57.105.
(Ord. No. 95-14-108, § 1, 8-11-14)
Secs. 9-8-9-16. Reserved.
ARTICLE II. FAIR HOUSING
Sec. 9-17. Prohibited conduct.
Sec. 9-18. Multiple listing services.
Sec. 9-19. Educational activities.
Sec. 9-20. Complaints.
Sec. 9-21. Use of remedies of this article, other remedies.
Sec. 9-22. Discrimination in the financing of housing.
Sec. 9-23. Exemptions.
Sec. 9-24. Interference, coercion, or intimidation; enforcement by civil action.
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, national origin,
sexual orientation, gender identity or gender expression.
(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
therewith, because of race, color, sex, religion, national origin, sexual orientation,
gender identity or gender expression.
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,
religion, national origin, sexual orientation, gender identity or gender expression
or an intention to make any such preference, limitation or discrimination.
(4) To represent to any person because of race, color, sex, religion, national origin,
sexual orientation, gender identity or gender expression that any dwelling is not
available for inspection, sale or rental when such dwelling is in fact so available.
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, national origin,
sexual orientation, gender identity or gender expression.
(Ord. No. 95-14-108, § 1, 8-11-14)
(3)
(5)
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, national origin, sexual orientation, gender identity or gender expression.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-19. Educational activities.
The city manager is authorized and directed to undertake such educational and
conciliatory 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. 95-14-108, § 1, 8-11-14)
Sec. 9-20. Complaints.
(a) An aggrieved individual may, under this article, file a complaint with the city clerk
and request a hearing before a special magistrate within sixty (60) days to
determine if the alleged person committed a discriminatory practice prohibited by
this article. If the special magistrate finds that a discriminatory practice has been
committed or is about to be committed, the special magistrate may issue an
order prohibiting the discriminatory practice and providing affirmative relief from
the effects of the discriminatory practice including, but not limited to, a temporary
or permanent injunction or other equitable relief, a temporary restraining order, or
an award of actual damages, including back pay, punitive damages, an award of
reasonable attorney's fees, interest, and costs, or other such relief as the special
magistrate deems appropriate.
(b) Either party may appeal the decision of the special magistrate by commencing a
civil action in a court of competent jurisdiction provided, however, that such civil
action must be filed no later than one (1) year after the discriminatory practice is
alleged to have been committed.
(c) If, in a civil action commenced under this article, the court finds that a
discriminatory practice has been committed or is about to be committed, the
court may issue an order prohibiting the discriminatory practice and providing
affirmative relief from the effects of the discriminatory practice including, but not
limited to, a temporary or permanent injunction or other equitable relief, a
temporary restraining order, an award of actual damages, including back pay,
punitive damages, an award of reasonable attorney's fees, interest, and costs, or
other such relief as the court deems appropriate.
(Ord. No. 95-14-108, § 1, 8-11-14)
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. 95-14-108, § 1, 8-11-14)
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, sex, religion, national origin, sexual
orientation, gender identity or gender expression 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.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-23. Exemptions.
Nothing in sections 9-17 and 9-22 shall apply to:
(1) Any single-family house sold or rented by its owner, provided the private
individual owner does not own more than four (4) single-family houses at any one
(1) time. In the case of the sale of a single-family house by a private individual
owner who does not 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 four (4) single-family houses at
any one (1) 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 subsection 9-17(3). Nothing
in this provision shall prohibit the use of attorneys, escrow agents,
abstractors, 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 (1) of such living quarters as his
residence.
(3)
For the purposes of this article, a person is deemed to be in the business of
selling or renting dwellings if:
a. 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;
b. 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
c. He is the owner of any dwelling designed or intended for occupancy by,
or occupied by, five (5) or more families.
(4) 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 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. 95-14-108, § 1, 8-11-14)
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.
(Ord. No. 95-14-108, § 1, 8-11-14)
Chapter 10 MOBILE HOMES AND RECREATIONAL VEHICLES XXX[1]
Sec. 10-1. Definitions.
Sec. 10-2. Minimum requirements for parks.
Sec. 10-1. Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings 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
contained 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)
Definitions and rules of construction generally, § 1-2.
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 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)
Chapter 11 NOISE x"i[l]
Sec. 11-1. General prohibitions.
Sec. 11-2. Loud and raucous noises.
Sec. 11-3. Usual and customary noise.
Sec. 11-4. Others held responsible.
Sec. 11-5. Exceptions.
Sec. 11-6. Penalties.
Sec. 11-1. General prohibitions.
It shall be unlawful for any person to willfully make, continue or cause to be made or
continued any loud and raucous noise, which term shall mean any sound which, because of its
volume level, duration and charter, annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of reasonable persons or ordinary sensibilities within the limits of the
city.
(Ord. No. 95-00-76, § 1, 8-14-00)
Sec. 11-2. Loud and raucous noises.
Violations of this section declared to be loud and raucous noises shall include, but not be
limited to, the following acts:
(a) Horns and signaling devices. The sound of any horn, whistle or other audible
signaling device so as to create a loud and raucous noise, except as a danger
warning.
(b) Radios, phonographs, electronic amplifiers and similar equipment. The using,
operating or permitting to be played, used or operated, of any radio, electronic
amplifier, musical instrument, phonograph or other device for the producing or
reproducing of sound in such manner such as to disturb the peace, quiet and
comfort of the neighboring inhabitants.
Enforcement considerations should include the day of the week, time of day or night, volume of
the noise, number of complainants, celebrations normally associated with holidays, and any
special events that may be in progress. Generally, between the hours of 10:00 p.m. and 7:00
a.m. Sunday through Thursday evenings and 11:00 p.m. and 7:00 a.m. Friday and Saturday
evenings, the tolerance level for noise is significantly reduced, and enforcement should be more
stringent.
(c) Local vocal noises. Yelling, shouting, whistling or singing at any place so as to
create a loud and raucous noise so as to annoy or disturb the quiet, comfort, or
repose of persons in any office or other place of business, or in any dwelling,
hotel or other type of residence.
(d) Animals. The keeping of any animal which, by causing frequent or long -continued
noise, shall disturb the comfort or repose of persons in the vicinity.
(e) Exhaust. The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motor boat, personal water craft, lawn
mower, motor vehicle or similar device, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
Construction or repairing of buildings. Construction activities which create loud or
unusual noises, including the excavation, demolition, alteration, construction or
repair of any building or structure other than between the hours of 7:00 a.m. and
7:00 p.m. Monday through Friday, and 9:00 a.m. and 7:00 p.m. on Saturday and
Sunday, except in cases of urgent necessity in the interest of public health and
safety, and then only with the approval of the city building official or his designee.
Schools, churches, medical facilities. No person, while on public or private
grounds adjacent to any building in which a school, church or medical facility is in
session or use, shall willfully make or assist in the making of any noise which
disturbs the peace or good order of such activity occurring within the building.
(h) Any person engaged in any business in the city to use for the purpose of
attracting or soliciting customers to his place of business a megaphone or any
mechanical or electrical contrivance, or device or use any or boisterous noise,
which might annoy persons on the streets or on the sidewalks, or in the adjoining
buildings.
(Ord. No. 95-00-76, § 1, 8-14-00)
(f)
(g)
Sec. 11-3. Usual and customary noise.
The provisions of this section are intended to be construed to secure for the people
freedom from unwanted loud and raucous noise as described herein without violating any of the
rights secured by the constitution to the people, and are not intended, nor shall they be
construed, to regulate the usual and customary noise incidental to urban life.
(Ord. No. 95-00-76, § 1, 8-14-00)
Sec. 11-4. Others held responsible.
Any person, owner, agent or supervisor in charge of operating, ordering, directing or
allowing the operation of maintenance of the device or machine creating a noise as prohibited in
this chapter shall be deemed guilty of violating this section.
(Ord. No. 95-00-76, § 1, 8-14-00)
Sec. 11-5. Exceptions.
(a) Cries for emergency assistance and warning calls;
(b) Radios, sirens and horns of police, fire and emergency response vehicles;
(c) Parades, fireworks displays, and other special events for which a permit has
been obtained from the city within the limitations established by the city;
(d) Activities on or in municipal and school athletic facilities and on or in publicly
owned property and facilities, provided that such activities have been authorized
by the owner of such property or facilities or its agent;
(e) Vehicles of businesses that are lawfully licensed and permitted to sell frozen
desserts, commonly referred to as "the ice cream man," as long as the
amplification is limited to music and the playing of such music is during daylight
hours;
Fire and burglar alarms, prior to giving of notice and a reasonable opportunity for
the owner or tenant in possession of the premises served by any such alarm, or
the alarm company monitoring the alarm to turn off the alarm. An audible alarm
sounding continuously or activating repeatedly over an hour shall be prima facie
evidence of a violation of this section.
(f)
(Ord. No. 95-00-76, § 1, 8-14-00)
Sec. 11-6. Penalties.
Any person violating any of the provisions of this section shall be deemed guilty of a
misdemeanor and subject to all penalties provided by law, including section 1-11 of the Atlantic
Beach City Code.
(Ord. No. 95-00-76, § 1, 8-14-00)
Chapter 12 NUISANCES """ "[1]
Sec. 12-1. Enumeration.
Sec. 12-2. Notices, hearings, abatement of conditions.
Sec. 12-3. Reserved.
Sec. 12-1. Enumeration.
(a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer
or permit any act, occurrence or condition within the city which constitutes a
dangerous, 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
indications 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 carcass 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 on or in any public or private property,
house or building, sewer, or gutter, any filth, or rubbish of any kind.
For any person to allow, suffer or permit any lot, premises, or place of any
kind whatsoever to become neglected so as to become a detriment to
public health by the depositing of filth or rubbish of any kind.
(4) For any person to allow, suffer or permit stagnant water to accumulate
either above or below the ground, or to allow the propagation of
mosquitoes therein.
For any person to keep, herd, and feed any large animals such as but not
limited to hogs, horses, and goats or any small animals in any manner
which may be injurious to the health and well-being of any person due to
noxious odors, noise, etc.
(6) For any person not to post, secure, or safeguard any hazardous condition
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, construction sites,
as well as structurally unsound fences or structures.
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 or inoperable motor vehicles, refrigerators or other
appliances, household furniture, glass, building material, building rubbish,
or similar items.
(3)
(5)
(7)
(8) For any person to allow, suffer or permit any building or structure which,
by storm damage, fire, decay or other cause to become structurally
dangerous, unsafe, dilapidated, unsanitary, or vermin infested so that it
creates a hazard to the health or safety of the occupants or the public.
For any business owning shopping carts to allow such carts to be
removed from its premises unless a written policy is in place for the
effective retrieval of such carts. The written policy must include provisions
for retrieval of shopping carts from public rights-of-way, apartment
complexes, undeveloped lots, or other areas within the city, and for
(9)
retrieval of shopping carts when brought to the attention of the owner by
way of complaints from the public or the city.
(10) For any person to cause or allow excessive amounts of dirt, debris, or any
other substance to collect in any gutter or catch basin, or to accumulate
on any street, causing the street to become obstructed, uneven or
defaced.
(11) For any person or business to allow vegetation other than cultivated
plants, shrubs, or trees to exceed a height of more than twelve (12)
inches on any developed lot, or within twenty (20) feet of any occupied
residential property, business property, or city right-of-way.
(12) 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.
(13) For any person to allow a building or structure to be partially demolished
or partially constructed, and to then allow such condition to exist, without
any demolition or construction activity, for a period of six (6) months.
a. The owner of any such property may request an extension of a
city -issued demolition or building permit from the building official.
The decision of the building official may be appealed to the city
commission by written request within twenty (20) days of the
decision.
b. When any demolition project is completed according to a
city -issued permit which results in partially demolished buildings or
structures remaining, then in that event the owner must
commence construction/rebuilding activities within six (6) months
of completion of the demolition.
c. Any partially demolished or partially constructed building or
structure that remains for six (6) months without any activity
(activity shall mean passing at least one city construction
inspection) is hereby deemed to be an eyesore, creating a
situation or condition that adversely affects the aesthetic appeal of
the city, and shall therefore constitute a nuisance subject to the
requirements of this chapter. Any action taken by the city pursuant
to this chapter against any such property shall be for the purpose
of protecting the appearance and public health of the city.
(14) Nuisances.
a. Animals shall not be kept on property in a manner that causes any
one (1) or more of the following: creates unsanitary conditions; is
a source of infestation by insects or rodents; creates physical
conditions that endanger the health or safety of humans, that are
detrimental to property values, or that tend to degrade the
appearance of a neighborhood.
b. Whenever an animal defecates upon any property not owned,
leased, rented, or otherwise in the care, custody or control of the
animal's owner, the animal's owner shall immediately remove and
properly dispose of feces. The only exception is by permission of
the property owner.
c. An owner shall remove and properly dispose of feces and other
animal wastes on owner's property so as to avoid noxious and
nauseous odors that are irritating, annoying or offensive to a
person of normal sensibilities; or that are injurious to human, plant
or animal life; or that reasonably interfere with the use and
enjoyment of property.
d. It shall be unlawful for the owner, or any person having temporary
custody, of an animal or animals to permit the animal(s), either
willfully or through failure to exercise due care or control, to
commit a nuisance by running at large habitually; by chasing or
running after vehicles or persons habitually; by trespassing upon
public or private school grounds habitually; by trespassing upon
private property habitually and interfering with the reasonable use
and enjoyment of the property; by barking habitually, or by making
other objectionable animal noises habitually; or by doing any other
thing habitually which is so offensive as to create a nuisance. For
purposes of this section, "habitually" means at least two (2)
separate occurrences within a time period of no more than one (1)
month; except that barking habitually or making other
objectionable animal noises habitually means making the sound
persistently or continuously for at least thirty (30) minutes
occurring at least three (3) separate times within a period of no
more than thirty (30) days.
(Ord. No. 55-82-20, § 1, 3-22-82; Ord. No. 95-89-43, § 1, 1-8-90; Ord. No. 95-02-80, § 1,
11-11-02; Ord. No. 95-04-88, 7-26-04; Ord. No. 25-08-38, § 4, 2-25-08; Ord. No. 95-08-95, § 2,
3-27-08)
Sec. 12-2. Notices, hearings, abatement of conditions.
(a) Whenever it is determined by the city manager or his designee after investigation
that any acts, occurrences or conditions prohibited by section 12-1 have
happened or exist within the city, the city manager or his designee may, by order
in writing, direct any nuisance affecting the sanitary condition 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.
Where formal notification cannot be served upon the owner, occupant or
custodian or public safety precludes the use of certified mail, the order shall be
posted in a conspicuous place upon the premises.
(b) Upon written notification, or the posting of the property, and within the time
allotted for correction, the owner and/or occupant of the property may make
written request to the city commission for a 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 the time allotted, the condition described in the notice has not been
remedied, the city manager or his designee 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 shall become
payable immediately, and a special assessment lien and charge will be made
and recorded 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 be satisfied at any time by payment thereof including accrued interest. Notice of the lien
shall be recorded in the public records of Duval County, Florida, and may also be filed in the
office of the city clerk.
(Ord. No. 55-82-20, § 2, 3-22-82; Ord. No. 95-04-88, 7-26-04; Ord. No. 95-08-96, § 1, 9-8-08)
Sec. 12-3. Reserved.
Editor's note—
Ord. No. 95-04-88, adopted July 26, 2004, repealed § 12-3 which pertained to penalties for
violation of this chapter and derived from Ord. No. 55-82-20, § 3, 3-22-82.
Chapter 13 OFFENSES XXX"'[1]
ARTICLE I. IN GENERAL
Sec. 13-1. State misdemeanors.
Sec. 13-2. Loitering in, obstructing, etc., streets, public places, etc.
Sec. 13-3. Discharging air guns, etc., prohibited.
Sec. 13-4. Drug paraphernalia—Definitions.
Sec. 13-5. Same—Sale, display, etc., of paraphernalia, prohibited; exceptions.
Sec. 13-6. Obscene matter prohibited.
Sec. 13-7. Exposure of private parts in establishments serving alcoholic beverages.
Sec. 13-8. Replica firearms—Definition.
Sec. 13-9. Same—Possession and use regulated.
Sec. 13-10. Recyclable materials; removal prohibited.
Sec. 13-11. Flea markets.
Sec. 13-12. Aggressive solicitation prohibited.
Sec. 13-13. Regulation of fireworks.
Sec. 13-14. Tobacco product placement.
Secs. 13-15-13-150. Reserved.
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.
Conduct involving the concept of standing idly by, loafing, walking about
aimlessly without purpose and including the colloquial expression of
"hanging around."
(c) A person shall be guilty of violating this section only after refusing to move on
when so requested by a peace officer, provided the peace officer has exercised
his discretion reasonably under the circumstances in order to preserve or
promote public peace and order.
(d) For the purpose of this section, the term "other public place" shall be deemed to
include the quasi -public area in front of or adjacent to any store, shop, restaurant,
luncheonette or other place of business, and shall also include any parking lot or
other vacant private property not owned or under the dominion of the person
charged with a violation of this section.
(Code 1970, § 14-7)
Streets, sidewalks and other public places, Ch. 19; obstructing free passage of streets and
sidewalks prohibited, § 19-1.
(3)
Sec. 13-3. Discharging air guns, etc., prohibited.
(a) It shall be unlawful to discharge any loaded air gun, air rifle, air pistol or similar
device within the city.
(b) This section does not apply to a person lawfully defending life or property or
performing official duties.
(Code 1970, § 14-17; Ord. No. 95-11-104, § 2, 9-26-11)
Editor's note—
Section 2 of Ord. No. 95-11-104, adopted Sept. 26, 2011, changed the title of § 13-3 from
"Discharging firearms, air guns, etc., prohibited" to "Discharging air guns, etc.,
prohibited."
Discharging firearm in public, F.S. § 790.15.
Sec. 13-4. Drug paraphernalia—Definitions.
The following words and phrases, when used in sections 13-4 and 13-5, shall, for the
purposes of sections 13-4 and 13-5, have the meanings respectively ascribed to them in this
section, except where the context clearly indicates a different meaning:
Cocaine spoon shall mean a spoon with a bowl so small that the primary use for which it
is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to
be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled
as a "cocaine" spoon or "coke" spoon.
Controlled substance shall mean any drug or substance named or described in F.S. §
893.03, Schedules I through V, as amended, commonly known as the Florida Comprehensive
Drug Abuse Prevention and Control Act.
Marijuana or hashish pipe shall mean a pipe characterized by a bowl which is so small
that the primary use for which it is reasonably adapted or designed is the smoking of marijuana
or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a
screen.
Paraphernalia shall mean an empty gelatin capsule, hypodermic syringe or needle,
cocaine spoon, marijuana pipe, hashish pipe, or any other instrument, implement or device
which is primarily adapted or designed for the administration or use of any controlled substance.
(Ord. No. 95-80-19, § 2, 2-25-80)
Definitions and rules of construction generally, § 1-2.
Sec. 13-5. Same—Sale, display, etc., of paraphernalia, prohibited; exceptions.
(a) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or
give away any empty gelatin capsule, hypodermic syringe or needle, cocaine
spoon, marijuana pipe, hashish pipe or any other instrument, implement or
device which is primarily adapted or designed for the administration or use of any
controlled substance as enumerated in F.S. § 893.03, Sch. I—V, as amended,
commonly known as the Florida Comprehensive Drug Abuse Prevention and
Control Act.
(b) The prohibition contained in this section shall not apply to manufacturers,
wholesalers, jobbers, licensed medical technicians, technologists, nurses,
hospitals, research teaching institutions, clinical laboratories, medical doctors,
osteopathic physicians, dentists, chiropodists, 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)
Use, possession, manufacture, delivery or advertisement of drug paraphernalia, F.S. §
893.147.
Sec. 13-6. Obscene matter prohibited.
(a) For purposes of this section and section 13-7, the following definitions shall
apply:
Distribute. The transfer of possession whether with or without consideration.
Knowingly. Awareness of the character of the matter or live conduct.
Matter. Any book, magazine, newspaper or other printed or written material or any picture,
drawing, photograph, motion picture or other pictorial representation or any statue or
other figure, or any recording, transcription or mechanical, chemical or electrical
reproduction or any other articles, equipment, machines or materials or physical
exhibition performed by individuals, whether male or female.
Obscene. Means to the average person applying contemporary standards, taken as a whole the
predominant appeal of the matter is to prurient interest, i.e., a shameful or morbid
interest in nudity, sex, or excretion, which goes substantially beyond customary limits or
candor in description or representation of such matters, including but not being limited to
patently offensive representations or descriptions of ultimate sexual acts, normal or
perverted, actual or simulated or patently offensive representations or descriptions of
masturbation, excretory functions, and lewd exhibition of the genitals whether by male of
female.
Person. Any individual whether male or female, partnership, firm, association, corporation or
other legal entity.
(b) It shall be unlawful for any person to knowingly send or cause to be sent, or bring
or cause to be brought, into this municipality for sale or distribution any obscene
matter.
(c) It shall be unlawful for any person to prepare, publish, print, exhibit, distribute, or
offer to distribute, or have in his or her possession with intent to distribute, exhibit
or offer to distribute, advertise for exhibition, or display any obscene matter within
this city.
(Ord. No. 95-86-28, § 1, 3-24-86)
Sec. 13-7. Exposure of private parts in establishments serving alcoholic beverages.
(a) It shall be unlawful for any person maintaining, owning, or operating a
commercial establishment located within the City of Atlantic Beach, Florida, at
which alcoholic beverages are offered for sale for consumption on the premises:
(1) To suffer or permit any female persons, while on the premises of said
commercial establishment, to expose to public view the area of the
human female breast at or below the areola thereof.
(2) To suffer or permit any female person, while on the premises of said
commercial establishment, to employ any device or covering which is
intended to give the appearance of or simulate such portions of the
female breast as described in subsection (a)(1) above.
To suffer or permit any person, male or female, while on the premises of
said commercial establishment to expose to public view his or her
genitals, pubic area, buttocks, anus or anal cleft or cleavage.
(b) It shall be unlawful for any female person, while on the premises of a commercial
establishment located within the City of Atlantic Beach, Florida, at which alcoholic
beverages are offered for sale for consumption on the premises, to expose to
public view that area of the human female breast at or below the areola thereof,
or to employ any device or covering which is intended to give the appearance of
or simulate such areas of the female breast as described herein.
(3)
(c) It shall be unlawful for any person, male or female, while on the premises of a
commercial establishment located within the City of Atlantic Beach, Florida, at
which alcoholic beverages are offered for sale for consumption on the premises,
to expose to public view his or her genitals, pubic area, buttocks, anus, or anal
cleft or cleavage, or to employ any device or covering which is intended to give
the appearance of or simulate the genitals, pubic area, buttocks, anus or anal
cleft or cleavage.
(d) Any person who shall violate any provision of this section shall be guilty of a
misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00)
or thirty (30) days in jail or both.
(Ord. No. 95-86-28, § 1, 3-24-86)
Sec. 13-8. Replica firearms—Definition.
Replica firearms shall mean any device or object made of plastic, wood, metal, or any
other material which is a replica, facsimile, or toy version of, or is otherwise recognizable as a
pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other
firearm and shall include toy guns, movie props, hobby models, starter pistols, air guns, pellet
guns, BB guns, or any other device which might reasonably be perceived to be a real firearm,
but cannot, are not designed to, and cannot readily be converted to expel a projectile by the
action of an explosive.
(Ord. No. 57-89-13, § 1, 2-13-89; Ord. No. 95-11-104, § 2, 9-26-11)
Sec. 13-9. Same—Possession and use regulated.
(a) It shall be unlawful for any person to carry, display, or brandish any replica or
facsimile of a firearm in a manner or at a location which would injure, annoy or
create fear in the general public or in any individual.
(b) It shall be unlawful for any person to carry, display, or brandish any replica or
facsimile of a firearm in the presence of a law enforcement officer.
(Ord. No. 57-89-13, § 1, 2-13-89)
Sec. 13-10. Recyclable materials; removal prohibited.
(a) It shall be unlawful for anyone to take, steal, carry away, or otherwise remove
any contents from any bin or container designed for the purpose of recycling
solid waste and marked with the logo adopted by the City of Atlantic Beach for
the recycling program.
(b) Exemptions: Only those persons authorized in writing by the city manager shall
be exempted from the provision of this section.
(c) Violation of this section shall be punishable 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.
(Ord. No. 95-89-42, § 1, 9-11-89)
Sec. 13-11. Flea markets.
(a) A garage sale (see section 24-17 for definition of garage sale) operating for more
than three (3) consecutive days in duration, or occurring more than three (3)
times within a calendar year, shall be considered a flea market.
(b) It shall be unlawful to conduct, promote, or otherwise engage in operating a flea
market within the municipal boundaries of the city.
(Ord. No. 95-92-52, § 1, 5-26-92)
Sec. 13-12. Aggressive solicitation prohibited.
(a) Definitions.
(1) Aggressive manner means and includes:
a. Intentionally or recklessly making any physical contact with or
touching another person in the course of the solicitation without
the person's consent;
b. Following the person being solicited, if that conduct is:
1. Intended to or is likely to cause a reasonable person to
fear imminent bodily harm or the commission of a criminal
act upon property in the person's possession; or
2. Is intended to or is reasonably likely to intimidate the
person being solicited into responding affirmatively to the
solicitation;
3. Continuing to solicit within five (5) feet of the person being
solicited after the person has made a negative response, if
continuing the solicitation is:
(i)
Intended to or is likely to cause a reasonable
person to fear imminent bodily harm or the
commission of a criminal act upon property in the
person's possession; or
(ii) Is intended to or is reasonably likely to intimidate
the person being solicited into responding
affirmatively to the solicitation;
4. Intentionally or recklessly blocking the safe or free passage
of the person being solicited or requiring the person, or the
driver of a vehicle, to take evasive action to avoid physical
contact with the person making the solicitation. Acts
authorized as an exercise of one's constitutional right to
picket or legally protest shall not constitute obstruction of
pedestrian or vehicular traffic;
5. Intentionally or recklessly using obscene or abusive
language or gestures:
(i)
Intended to or likely to cause a reasonable person
to fear imminent bodily harm or the commission of
a criminal act upon property in the person's
possession; or
(ii) Words intended to or reasonably likely to intimidate
the person being solicited into responding
affirmatively to the solicitation; or
6. Approaching the person being solicited in a manner that:
(i)
Is intended to or is likely to cause a reasonable
person to fear imminent bodily harm or the
commission of a criminal act upon property in the
person's possession; or
(ii) Is intended to or is reasonably likely to intimidate
the person being solicited into responding
affirmatively to the solicitation.
(2) Automated teller machine means a device, linked to a financial
institution's account records, which is able to carry out transactions,
including, but not limited to: account transfers, deposits, cash
withdrawals, balance inquiries, and mortgage and loan payments.
Automated teller machine facility means the area comprised of one (1) or
more automatic teller machines, and any adjacent space which is made
available to banking customers after regular banking hours.
Bank means any banking corporation as defined in Section 674.105,
Florida Statutes.
Check cashing business means any person duly licensed by the
superintendent of banks to engage in the business of cashing checks,
drafts or money orders for consideration pursuant to the provisions of the
banking laws.
(6) Public area means an area to which the public or a substantial group of
persons has access, and includes, but is not limited to, alleys, bridges,
buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks
and streets open to the general public, and the doorways and entrances
to buildings and dwelling, and the grounds enclosing them.
Solicit means to request an immediate donation of money or other thing
of value from another person, regardless of the solicitor's purpose or
intended use of the money or other thing of value.
(b) Prohibited acts. It shall be unlawful for any person to solicit money or other things
of value; or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2) In any public transportation vehicle, or bus station or stop;
(3) Within fifteen (15) feet of any entrance or exit of any bank or check
cashing business or with fifteen (15) feet of any automated teller machine
during the hours of operation of such bank, automated teller machine or
check cashing business without the consent of the owner or other person
legally in possession of such facilities. Provided, however, that when an
automated teller machine is located within an automated teller machine
facility, such distance shall be measured from the entrance or exit of the
automated teller machine facility;
(4) On private property if the owner, tenant, or lawful occupant has asked the
person not to solicit on the property, or has posted a sign clearly
indicating that solicitations are not welcome on the property; or
From any operator of a motor vehicle that is in traffic on a public street,
whether in exchange for cleaning the vehicle's windows, or for blocking,
occupying, or reserving a public parking space, or directing the occupant
to a public parking space; provided, however, that this paragraph shall not
apply to services rendered in connection with emergency repairs
requested by the operator or passengers of such vehicle.
(c) Penalties. Any person violating a provision of this section shall be guilty of an
offense and shall upon conviction and adjudication of guilt be punished as
follows:
(7)
(5)
(1) For a first offense, by a fine of not more than twenty-five dollars ($25.00)
or by imprisonment of not more than (10) days or by community service of
not less than fifty (50) hours; and
(2) For a second and subsequent offense, by a fine of not more than five
hundred dollars ($500.00) or by imprisonment of not less than fifteen (15)
days nor more than ninety (90) days or by community service of not less
than five hundred (500) hours.
(Ord. No. 95-03-84, § 1, 5-27-03)
Sec. 13-13. Regulation of fireworks.
(a) Definitions. For purposes of this section, the following definitions will apply:
Division means the division of the state fire marshal of the department of financial
services.
Explosive compound means any chemical compound, mixture, or device the primary or
common purpose of which is to function by the substantially instantaneous release of gas and
heat.
Fireworks means and includes any combustible or explosive composition or substance
or combination of substances or, except, as hereinafter provided, any article prepared for the
purpose of producing a visible or audible effect by combustion, explosion, deflagration or
detonation. The term includes blank cartridges and toy cannons in which explosives are used,
firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing
any explosives or flammable compound or any tablets or other device containing any explosive
substance; but excludes starter pistols and toy cannons used during organized sporting events
and/or city -approved parades or celebrations. For purposes of this section, the definition of
"Fireworks" does not include any item listed in section 791.01(4)(b)and(c), Florida Statutes.
Sparkler means a device which emits showers of sparks upon burning, does not contain
any explosive compounds, does not detonate or explode, is hand held or ground based, cannot
propel itself through the air, and contains not more than one hundred (100) grams of the
chemical compound which produces sparks upon burning. Any sparkler that is not approved by
the division is classified as fireworks.
(b) General regulations.
(1) Except as hereinafter provided, it shall be unlawful for any person, firm,
copartnership, or corporation to possess, use, sell, or explode any
fireworks within the municipal boundaries of the City of Atlantic Beach.
Any fireworks found as a result of a violation of this section will be
confiscated and destroyed.
(2) Sparklers as defined in this section are exempt from the provisions of
subsection (b)(1).
Notwithstanding the requirements of subsection (b)(1), the City of Atlantic
Beach has the authority to authorize the granting of permits for
supervised public displays of fireworks within the municipal boundaries of
the City of Atlantic Beach, as provided in section 791.02(1), Florida
Statutes.
(3)
(c) Penalty. Any person violating any provision of this section shall be guilty of an
offense punishable by a fine of fifty dollars ($50.00) per violation, payable within
ten (10) days of issuance of a citation at City Hall, located at 800 Seminole Road
in Atlantic Beach, Florida. A late fee of ten dollars ($10.00) shall be attached to
any fine not paid by the due date.
(Ord. No. 95-04-87, § 1, 6-14-04)
Sec. 13-14. Tobacco product placement.
(a) Title. This section shall be known and cited as the "City of Atlantic Beach
Tobacco Product Placement Ordinance."
(b) Intent. This section is intended to prevent the sale to and possession of tobacco
products by persons under the age of eighteen (18) by regulating the placement
of such products. This section shall not be interpreted or construed to prohibit the
sale or delivery of tobacco products which are otherwise lawful or regulated
pursuant to Chapter 569, Florida Statutes.
(c) Definitions. For the purpose of this section the following terms shall mean:
Candy flavored tobacco products shall mean tobacco or any of its component parts
(including the tobacco, filter or paper) that contain, as a constituent (including a smoke
constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb
or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut,
licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product
or tobacco smoke.
Self-service display or placement means the open display or placement of tobacco
products to which the public has access without the intervention of the vendor, store owner or
other store employee.
Smoking pipes and smoking devices shall mean metal, wooden, acrylic, glass, stone,
plastic or ceramic smoking pipes, with or without screens, permanent screens or punctured
metal bows; water pipes; carburetion tubes and devices; chamber pipes; carburetor pipes;
electric pipes; air -driven pipes; chillums; bongs; and ice pipes or chillers.
Tobacco products include loose tobacco leaves, and products made from tobacco
leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing or
chewing, as defined in Chapter 569, Florida Statutes.
Tobacco retailer means any person or business that operates or manages a store,
stand, booth, concession or other place at which sales of tobacco products are made to
purchasers.
Vendor assisted means the customer has no access to tobacco products without the
assistance of the vendor, store owner or other store employee.
(d) Self-service display and placement prohibited. It shall be unlawful for any
tobacco retailer to sell, to permit to be sold, to offer for sale or to display any
tobacco product, candy flavored tobacco product, and any smoking pipe and
smoking device by means of self-service display or placement or by any means
other than vendor assisted sales.
(e) Exceptions. The provisions of this section shall not apply to an establishment that
prohibits persons under eighteen (18) years of age on the premises.
Penalties. Violation of this section is a misdemeanor pursuant to F.S. § 125.69,
and is punishable under said section by imprisonment for up to sixty (60) days, or
a fine of up to five hundred dollars ($500.00), or both such imprisonment and
fine.
(f)
(Ord. No. 95-11-103, § 1, 7-25-11)
Secs. 13-15-13-150. Reserved.
ARTICLE II. MINORS ON STREETS AND IN PUBLIC PLACES XXXiV[2]
Sec. 13-151. Short title.
Sec. 13-152. Definitions.
Sec. 13-153. Curfew for minors.
Sec. 13-154. Responsibilities of owners of public places.
Sec. 13-155. Parents' responsibility.
Sec. 13-156. Special functions.
Sec. 13-157. Procedures.
Sec. 13-158. Penalties.
Secs. 13-159, 13-160. Reserved.
Sec. 13-151. Short title.
This article shall be known and may be cited as the "Ordinance Regulating the Presence
and Conduct of Minors on Streets and Public Places."
(Ord. No. 57-89-14, § 1, 2-27-89)
Sec. 13-152. Definitions.
For the purposes of this article, the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singular number, and
words in the singular number the plural number. The word "shall" is always mandatory and not
merely directory.
City. The City of Atlantic Beach.
Custodian. Any person over the age of eighteen (18) who is in loco parentis to a juvenile.
Guardian. Any person other than a parent, who has legal guardianship of a minor.
Minor. Any person under the age of eighteen (18).
Parent. The natural or adoptive parent of a minor.
Public place. Any street, alley, highway, sidewalk, park, playground or place to which the
general public has access and a right to resort for business, entertainment, or other lawful
purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern,
bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted
to amusement or entertainment of the general public. It shall also include the front or immediate
area of the above.
(Ord. No. 57-89-14, § 2, 2-27-89)
Sec. 13-153. Curfew for minors.
It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place
either on foot or to cruise about without a set destination in any vehicle in, about or upon any
place in the city between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday, and
between the hours of 12:00 p.m. and 6:00 a.m., Friday through Saturday, unless accompanied
by a parent, guardian, custodian or other adult person having custody or control of such minor
or unless the minor is on an emergency errand or specific business or activity directed or
permitted by his parent, guardian or other adult person having the care and custody of the minor
or where the presence of such minor is connected with or required by some legitimate
employment, trade, profession or occupation.
(Ord. No. 57-89-14, § 2, 2-27-89)
Sec. 13-154. Responsibilities of owners of public places.
It shall be unlawful for any person, firm or corporation operating or having charge of any
public place to knowingly permit or suffer the presence of minors under the age of eighteen (18)
between the hours of 12:00 p.m. and 6:00 a.m.
(Ord. No. 57-89-14, § 3, 2-27-89)
Sec. 13-155. Parents' responsibility.
It shall be unlawful for the parent, guardian or other adult person having custody or
control of any minor under the age of eighteen (18) to suffer or permit or by inefficient control to
allow such person to be on the streets or sidewalks or on or in any public property or public
place within the city between the hours of 10:00 p.m. and 6:00 a.m. However, the provisions of
this section do not apply to a minor accompanied by his parent, guardian, custodian or other
adult person having the care, custody or control of the minor, or if the minor is on an emergency
errand or specific business or activity directed by his parent, guardian, custodian or other adult
having the care and custody of the minor or if the parent, guardian or other adult person herein
has made a missing person notification to the police department.
(Ord. No. 57-89-14, § 4, 2-27-89)
Sec. 13-156. Special functions.
Any minor attending a special function or entertainment of any church, school, club, or
other organization that requires such minor to be out at a later hour than that called for in
section 13-153 shall be exempt from the provisions of section 13-153 of this article provided,
however, the chief of police or his designee may verify said special function or entertainment
with the minor's parents or by contact with said church, school, club or other organization.
(Ord. No. 57-89-14, § 5, 2-27-89)
Sec. 13-157. Procedures.
(a) Any police officer upon finding a minor in violation of section 13-153 shall
ascertain the name and address of such minor and warn the minor that he is in
violation of curfew and shall direct the minor to proceed at once to his or her
home or usual place of abode. The police officer shall report such action to the
shift supervisor of the police department who in turn shall notify the parents,
guardian, or person having custody or control of such minor.
(b) If such minor refuses to heed such warning or direction by any police officer or
refuses to give such police officer his correct name and address, or if the minor
has been warned on a previous occasion that he or she is in violation of curfew,
he or she shall be taken to the police department and the parent, guardian or
other adult person having the care and custody of such minor shall be notified to
come and take charge of the minor. If the parent, guardian or other adult person
above cannot be located or fails to come and take charge of the minor, the minor
shall be released to the juvenile authorities.
(Ord. No. 57-89-14, § 6, 2-27-89)
Sec. 13-158. Penalties.
Any minor violating the provisions of this article shall be dealt with in accordance with the
juvenile court law and procedure. Any parent, guardian, or other adult person having the care
and custody of a minor violating this article shall, after having been previously notified under
section 13-157 be fined not more than fifty dollars ($50.00) for each offense.
(Ord. No. 57-89-14, § 7, 2-27-89)
Secs. 13-159, 13-160. Reserved.
ARTICLE III. SEXUAL OFFENDERS AND SEXUAL PREDATORS
Sec. 13-161. Sexual predators residency requirement.
Sec. 13-161. Sexual predators residency requirement.
(a) It is unlawful for any person who is required by Florida law to register as a sexual
predator to reside within two thousand five hundred (2,500) feet of any school,
public library, licensed child day-care center, park, playground, or the ocean
beach, which are places where children regularly congregate, whether said
locations are in the city limits of Atlantic Beach or in any neighboring city.
(b) A person residing within two thousand five hundred (2,500) feet of any school,
public library, licensed day-care center, park, playground, or the ocean beach,
which are places where children regularly congregate, whether said locations are
in the city limits of Atlantic Beach or in any neighboring city, does not commit a
violation of this section, provided that the sexual predator is in full compliance
with probation, parole, or conditional release and does not commit another
sexual offense, and was in compliance with the residency restrictions prior to
October 10, 2005, if any of the following apply:
(1) The person established the permanent residence prior to October 10,
2005.
(2) The person was a minor when he/she committed the offense and was not
convicted as an adult.
(3)
The person is a minor.
(4) The school, public library, licensed day-care center, park, or playground,
which are places where children regularly congregate, whether said
locations are in the city limits of Atlantic Beach or in any neighboring city,
within two thousand five hundred (2,500) feet of the persons' permanent
(c)
(Ord. No. 57 -
residence was opened after
residence.
Any person violating any provision of
punishable as set forth in section 1-11
Atlantic Beach, Florida.
05-22, § 1, 10-10-05)
ARTICLE IV.
Sec. 13-162.
Sec. 13-163.
Sec. 13-164.
Sec. 13-165.
Sec. 13-166.
Sec 13-167.
Sec. 13-168.
Sec. 13-169.
the person established the permanent
this section shall be guilty of an offense
of the Code of Ordinances of the City of
CONVENIENCE BUSINESS SECURITY ACT.
Short title, purpose, and authority.
Definitions.
Security requirements.
Employee training.
Inspections.
Violations.
Severability.
Civil fines.
Sec. 13-162. Short title, purpose, and authority.
This article shall be known and may be cited as the "City of Atlantic Beach Convenience
Business Act". The purpose of this Act is to provide a method of local regulation of convenience
businesses within the city. These regulations are authorized and consistent with the state
statutory regulations found in Chapter 812, Florida Statutes.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec. 13-163.
Definitions.
(a) As used in this article, the term "convenience business" means any place of
business that is primarily engaged in the retail sale of groceries, or both groceries
and gasoline, and that is open for business at any time between the hours of
11:00 p.m. and 5:00 a.m. The term "convenience business" does not include:
(1) A business that is solely or primarily a restaurant.
(2) A business that always has at least five (5) employees on the premises
after 11:00 p.m. and before 5:00 a.m.
A business that has at least ten thousand (10,000) square feet of retail
floor space.
(b) The term "convenience business" does not include any business in which the
owner or members of his or her family work between the hours of 11:00 p.m. and
5:00 a.m.
(3)
(c) The definitions provided in this section 13-163, subsections (a) and (b), are
consistent with the current definitions found in F.S. § 812.171, and to the extent
that those statutory definitions are amended, the definitions provided herein shall
be deemed amended accordingly.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec. 13-164. Security requirements.
(a) Every convenience business shall be equipped with the following security
devices and standards:
(1) An operational security camera system capable of recording and
retrieving an image to assist in offender identification and apprehension.
(2) A drop safe or cash management device for restricted access to cash
receipts.
A lighted parking lot illuminated at an intensity of at least two (2)
footcandles per square foot at eighteen (18) inches above the surface.
(4) A conspicuous notice at the entrance which states that the cash register
contains fifty dollars ($50.00) or less.
Window signage that allows a clear and unobstructed view from outside
the building and in a normal line of sight of the cash register and sales
transaction area.
(3)
(5)
(6) Height markers at the entrance of the convenience business which
display height measures.
A cash management policy to limit the cash on hand at all times after
11:00 p.m.
(b) A convenience business shall not have window tinting that reduces exterior or
interior view in a normal line of sight.
(c) Every convenience business shall be equipped with an operational silent alarm to
law enforcement or a private security agency, unless application for an
exemption is made to and granted by the Attorney General.
(d) If a murder, robbery, sexual battery, aggravated assault, aggravated battery, or
kidnapping or false imprisonment, as those crimes are identified and defined by
Florida Statutes, occurs or has occurred at a convenience business since July 1,
1989, and arises out of the operation of the convenience business, that
convenience business shall implement at least one (1) of the following security
measures:
(7)
(1) Provide at least two (2) employees on the premises at all times after
11:00 p.m. and before 5:00 a.m.;
(2) Install for use by employees at all times after 11:00 p.m. and before 5:00
a.m. a secured safety enclosure of transparent polycarbonate or other
material that meets at least one of the following minimum standards:
a. American Society for Testing and Materials Standard D3935
(classification PC110 B 3 0800700) and that has a thickness of at
(3)
least 0.375 inches and has an impact strength of at least two
hundred (200) foot pounds; or
b. Underwriters Laboratory Standard UL 752 for medium power
small arms (level one), Bullet Resisting Equipment;
Provide a security guard on the premises at all times after 11:00 p.m. and
before 5:00 a.m.;
Lock the business premises throughout the hours of 11:00 p.m. to 5:00 a.m., and only transact
business through an indirect pass-through trough, trapdoor, or window; or
(4) Close the business at all times after 11:00 p.m. and before 5:00 a.m.
(e) For purposes of this section, any convenience business that by law implemented
any of the security measures set forth in subsection (d), paragraphs (1-5) and
has maintained said measures as required by the Department of Legal Affairs,
Office of the Attorney General without any occurrence or incidence of the crimes
identified by subsection (d) for a period of no less than twenty-four (24) months
immediately preceding the filing of a notice of exemption, may file with the
Department a notice of exemption from these enhanced security measures.
These security requirements are consistent with those provided for in Chapter
812, Florida Statutes, specifically F.S. §§ 812.173 and 812.1725, as those
sections may be hereafter amended. To the extent that these statutory security
requirements are amended, then these City of Atlantic Beach security
requirements are similarly deemed amended hereafter.
(Ord. No. 57-10-23, § 1, 11-8-10)
(f)
Sec. 13-165. Employee training.
The owner or principal operator of a convenience business or convenience businesses
shall provide proper robbery deterrence and safety training by an approved curriculum by the
Attorney General to its retail employees within sixty (60) days of employment.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec. 13-166. Inspections.
The city manager, or his designee, shall ensure initial compliance with this article within
one hundred and twenty (120) days of adoption. Thereafter, the city manager, or his designee,
shall conduct initial inspections within thirty (30) days of the issuance of a new business tax
receipt, and conduct annual inspections in October of each year.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec 13-167. Violations.
The city manager, or his designee, may refer any violation of this article to the Attorney
General's Office for enforcement per F.S. § 812.175, and to the city's code enforcement officer
for prosecution before the city's code enforcement board.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec. 13-168. Severability.
If any section or portion of a section of this article proves to be invalid, unlawful, or
unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any
other section or part of this article.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec. 13-169. Civil fines.
Violations of this article may result in a notice of violation from the Attorney General, civil
fines imposed by the Attorney General not to exceed five thousand dollars ($5,000.00) per F.S.
§ 812.175, and any fines and costs imposed by the city's code enforcement board as authorized
by F.S. § 162.01 ff.
(Ord. No. 57-10-23, § 1, 11-8-10)
Chapter 14 PLANNING/ZONING/APPEALS x"v[1]
ARTICLE I. IN GENERAL
Sec. 14-1. Comprehensive plan.
Secs. 14-2-14-15. Reserved.
Sec. 14-1. Comprehensive plan.
(a) The Comprehensive Plan for the City of Atlantic Beach, entitled "Comprehensive
Plan City of Atlantic Beach, Florida," dated March 1, 1990, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by reference, is hereby
adopted for the area of jurisdiction of the City of Atlantic Beach pursuant to the
Chapter 163, Part II, of the Laws of the State of Florida.
(b) Not less than one (1) copy of the comprehensive plan, and any subsequent
amendments thereto, shall be maintained for public inspection in the office of the
city clerk, and not less than one (1) additional copy each and any subsequent
amendments thereto, shall be maintained for public inspection in the office of the
city manager and the office of the community development director.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 95-90-48, § 1, 12-13-90)
Stormwater management, § 22-301 et seq.
Secs. 14-2-14-15. Reserved.
ARTICLE II. COMMUNITY DEVELOPMENT BOARD """V'[2]
Sec. 14-16. Created.
Sec. 14-17. Composition; qualifications of members; officers.
Sec. 14-18. Terms of office of members; filling of vacancies.
Sec. 14-19. Removal of members.
Sec. 14-20. Powers and duties.
Sec. 14-21. Certification of board actions to the city manager.
Sec. 14-22. Local planning agency.
Sec. 14-23. Proceedings of the board.
Sec. 14-24. Appeals.
Sec. 14-25. Petition of illegality.
Sec. 14-26. Cost.
Sec. 14-27. Enforcement; penalties for violation.
Sec. 14-28. Legal proceedings.
Sec. 14-16. Created.
There is hereby created a community development board.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-17. Composition; qualifications of members; officers.
The community development board shall consist of seven (7) members and two (2)
alternate members appointed by the city commission, none of whom shall hold any other public
office or position in the city, all of whom shall be bona fide residents of the city, and where
practical, each shall possess some special skill or knowledge which would assist them in the
discharge of their responsibilities under this article. Alternate members shall be allowed to vote
and participate in CDB business subject to the requirements of this section and when called
upon by the chair to participate in order to ensure a quorum. The community development board
shall elect its chairman and vice chairman from among the appointed members. The community
development director shall act as secretary to the board under the direction of the city manager.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-15-62, § 2, 5-11-15)
Sec. 14-18. Terms of office of members; filling of vacancies.
Following the expiration of the terms of office of current board members the term of
office shall be for two (2) years and members may serve a maximum of four (4) consecutive
terms. All terms shall expire on December 31 of the proper year. Any vacancy during the
unexpired term of an appointed member shall be filled by the city commission for the remainder
of the term.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-03-42, § 2, 7-14-03)
Sec. 14-19. Removal of members.
Any member of the community development board may be removed for cause by the
city commission upon written charges and after public hearing. Any member who fails to attend
(3) consecutive meetings without cause shall have his office declared vacant unless the
member's absence is excused by a majority of the board members, and the city commission
shall promptly fill such vacancy.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-03-42, § 2, 7-14-03)
Sec. 14-20. Powers and duties.
The community development board shall have the power, duty, responsibility and
authority to:
(1) Make recommendations to the city commission for the physical, fiscal and
esthetic development of the city;
(2) Exercise supervisory control over planning and land use within the city, following
the standards established by the city commission pertaining to such planning or
land use regulation as contained in the Ordinance Code of the City of Atlantic
Beach, Florida;
(3) Recommend to the city commission proposed changes in the land use regulation
map of the city;
(4) Recommend to the city commission proposed changes in the land use
regulations of the code;
(5) Submit to the city commission their recommendations covering all applications
for changes in the provisions of the land use regulations of the city referred to
them by the city commission;
(6) Submit annually to the city manager, not less than one hundred and twenty (120)
days prior to the beginning of the budget year, a list of recommended capital
improvements 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 project shall be constructed in which year, and
shall include sources of revenue;
(7) Promote public interest in and understanding of the planning, zoning and
beautification of the city;
(8) Meet on a regularly scheduled day each month, and periodically on call, and
keep a public record of all its meetings, resolutions, findings and determinations;
(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 or redevelopment of the city;
(12) Recommend to the city commission plans for the replanning, reconstruction or
redevelopment of any area or district which may be destroyed in whole or in part
or seriously damaged by fire, earthquake, flood or other disaster;
(13) Request the city manager to provide for the employment of sufficient personnel
to enable the board to carry out its powers, duties and responsibilities;
(14) To act as a zoning board and to make recommendations to the city commission
on zoning applications and applications for exceptions filed in accordance with
the land development regulations of the Comprehensive Zoning Code of the City
of Atlantic Beach, Florida;
(15) To act as an appeals board or board of adjustment to authorize upon findings of
fact minor variances from the terms of Chapter 24, the Comprehensive Zoning
Ordinance of the City of Atlantic Beach, as will not be contrary to the public
interest and, where owing to special conditions, not self-imposed or self-created,
literal enforcement of the provisions of said Chapter 24 would result in
unnecessary hardship.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-21. Certification of board actions to the city manager.
All plans or recommendations of the community development board, in order to be
accorded official cognizance by the city commission, must be certified to the city commission
through the office of the city manager by the chairman of the community development 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. Such
certification shall be attested to by the appropriate administrative official. This provision is not
intended as prohibiting the board from submitting alternate plans or recommendations or of
submitting minority plans or recommendations in certain cases when so approved by a majority
vote of the board to be also certified to the city commission for consideration.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-22. Local planning agency.
The community development board is hereby designated as the local planning agency
and the local land development regulation commission as set forth in Part 2 of Chapter
163.3164, Florida Statutes as from time to time amended.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-23. Proceedings of the board.
Four (4) members of the community development board shall constitute a quorum but a
less number may adjourn from time to time until a quorum is present. The board shall adopt
rules as may be required for the proper conduct of its business. 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 chairman, 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 the proceedings, showing the vote of each member upon each question, or, if absent or
failing to vote, indicating such fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of the board and shall become a
public record.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-24. Appeals.
Appeals from decisions of the community development board may be taken by any
person or persons, jointly or separately, or any taxpayer or any officer of the city. Such appeals
shall be taken within thirty (30) days after the decision of the board on which the appeal is
based. The appeal shall be filed with the community development director on behalf of the
community development board and with the city manager for forwarding to the city commission.
The appeal shall state the grounds thereof and relief sought.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-25. Petition of illegality.
Petition may be presented to court of record within thirty (30) days after filing of decision
of city commission, setting forth illegality.
Any person or persons, jointly or separately, aggrieved by any decision of the city
commission rendered as a result of an appeal filed in accordance with the provisions of section
14-24 herein may present the court of record a petition, duly verified, setting forth that such
decision is illegal in whole or in part, and specifying the grounds of the illegality. Such petition
shall be presented to the court within thirty (30) days after the filing of the decision of the city
commission.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-26. Cost.
Costs shall not be allowed against the city commission 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.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-27. Enforcement; penalties for violation.
The city commission may provide by ordinance for the enforcement of this chapter and
of any ordinance or regulation made thereunder, and may provide for the punishment of any
violation therein by fine or imprisonment or both, and also may provide civil penalties for said
violation.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-28. Legal proceedings.
Legal proceedings may be instituted in addition to other remedies provided for violation
of this chapter.
In case any building or structure if erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or any building, structure, land or water is used in violation of this
chapter or of any ordinance or other regulation made under authority conferred herein, the
proper local authorities or the city commission, in addition to other remedies, may institute
appropriate action or proceedings to prevent such unlawful erection, construction,
reconstruction, 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.
(Ord. No. 47-86-3, § 2, 1-26-87)
Chapter 15 POLICE ""ii[1]
ARTICLE I. IN GENERAL
Sec. 15-1. Additional court costs assessed for police training.
Secs. 15-2-15-15. Reserved.
Sec. 15-1. Additional court costs assessed for police training.
There is hereby assessed by the city, in compliance with F.S. § 943.25(8)(a), 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.
ARTICLE II. DISPOSITION OF CONFISCATED OR LOST PROPERTY """""'[2]
Secs. 15-16, 15-17. Reserved.
Sec. 15-18. Notice of sales.
Secs. 15-19-15-22. Reserved.
Secs. 15-16, 15-17. Reserved.
Editor's note—
Ord. No. 57-03-21, § 1, adopted June 9, 2003, repealed former §§ 15-16 and 15-17, which
pertained respectively to sale of confiscated property, and sale of lost and found
property, and derived from §§ 2-1.2(a) and (b) of the 1970 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))
Secs. 15-19-15-22. Reserved.
Editor's note—
Ord. No. 57-03-21, § 1, adopted June 9, 2003, repealed former §§ 15-19-15-22, which
pertained to hours of sales, destruction, transfer of unclaimed or confiscated
property for use by city or other governmental agency, and disposal of
confiscated or lost firearms, and which derived from §§ 2-1.2 (d), (f), and (g) of the
1970 Code, Ord. No. 5-83-13, §§ 1 and 2, adopted December 12, 1983, and Ord. No.
57-91-17, § 1, adopted September 26, 1991.
Chapter 16 SOLID WASTE AND RECYCLING XXX'X[1]
ARTICLE I. SOLID WASTE DEFINITIONS AND PROCEDURES
Sec. 16-1. Definitions.
Sec. 16-2. Solid waste collection.
Sec. 16-3. Garbage and trash containers.
Sec. 16-4. Leaves and grass clippings; tree trunks.
Sec. 16-5. Hazardous or electronic waste.
Sec. 16-6. Burial of solid waste.
Sec. 16-7. Depositing on vacant lots, streets, parks, etc., prohibited; compost piles.
Sec. 16-8. Removal of lot clearing, contractors' debris; oil and grease.
Sec. 16-9. White goods, bulk items and special pickups, procedure and fees for removal.
Sec. 16-10. Fees for collection.
Sec. 16-11. Annual review of fees.
Sec. 16-1. Definitions.
For the purpose of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Bulky waste shall mean large discarded items generated from residences and
commercial businesses within the city, such as pallets, furniture, refrigerators, stoves and other
household appliances, also called "white goods."
City shall mean the City of Atlantic Beach, Duval County, Florida, a municipal
corporation and its government and the city manager and/or his authorized or designated
representative.
Commission shall mean the city commission of the City of Atlantic Beach, Florida.
Commercial rubbish and trash shall mean such combustibles as paper, wood, yard
trimmings etc., and noncombustibles such as metal, glass, stone, dirt, etc.
Commercial solid waste shall mean garbage, rubbish, and trash, etc., resulting from the
normal activities of establishments utilizing containers of two (2) cubic yard capacity or more.
Commercial unit shall mean any public or private place, building and/or enterprise
devoted in whole or in part to a business enterprise whether nonprofit or profit-making nature.
Except where such place, building and/or enterprise constitutes a single -family residence or
multiple dwelling. Those multiple dwellings now being serviced by commercial containers or
which could be serviced in the future shall be considered as "commercial establishments".
Within this classification are, by way of example, stores, shops, grocery stores, food stores,
amusement houses, drug and sundry stores, dry goods and hard goods stores, package stores,
filling stations, shopping centers and restaurants.
Commercial (hand pickup) units shall mean any business, profession or occupation
generating two (2) or less toters.
Construction and demolition debris shall mean discarded materials generally considered
not to be water-soluble and nonhazardous in nature, including, but not limited to, steel, glass,
brick, concrete, asphalt roofing material, pipe, gypsum wallboard and lumber, from the
construction or destruction of a structure as part of a construction or demolition project or from
the renovation of a structure, and including rocks, soils, tree remains, and other vegetative
matter that normally results from land clearing or land development operations for a construction
project, including such debris from construction of structure at a site remote from the
construction or demolition project site. Mixing of construction and demolition debris with other
types of solid waste will cause it to be classified as other than construction and demolition
debris. The term also includes: clean cardboard, paper, plastic, wood, and metal scraps from a
construction project.
Curbside collection point shall be that area on or adjacent to the driveway within five (5)
feet of, and in no case more than ten (10) feet from the street or roadway and not on the driving
surface of the street or roadway or in the drainage gutter or drainage swale or ditch.
Dumpster shall mean a container emptied by mechanical means, primarily used for
commercial or multifamily garbage and trash collection.
Electronic waste shall mean computer monitors, computer terminals, CPUs, keyboards,
televisions, printers, scanners, stereo equipment, radios, VCRs, DVDs, camcorders, desk and
mobile phones, pagers, power tools, small kitchen appliances (e.g. microwaves, toaster ovens)
and health and beauty appliances.
Franchisee shall mean the individual, partnership, or corporation who or which is
awarded a franchise by the commission to perform the work or service, or to furnish materials or
equipment or both, as set forth in this chapter and the franchise contract.
Garbage shall include and mean all accumulations of animal, fruit or vegetable matter
that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruit,
vegetables, and any other matter, of any nature whatsoever which is subject to decay,
putrefaction and the generation of noxious and offensive gases or odors, or which, during and
after decay, may serve as breeding or feeding material for flies and/or other germ-carrying
insects; bottles, cans, or other food containers which, due to their ability to retain water, may
serve as a breeding place for mosquitoes or other water-breeding insects, and does not include
recyclables.
Garbage container shall include dumpsters, toters, and roll-off containers. Containers for
yard waste shall also include trashcans, plastic and paper bags (see yard waste receptacle).
Garden trash or yard trash or trash shall mean all the organic refuse accumulated from
the care of lawns, shrubbery, vines and trees.
Gross revenue shall mean all revenues derived directly or indirectly by a franchisee, its
affiliates, subsidiaries, parents, and any person in which a franchisee has a financial interest,
exclusive of all taxes, from or in connection with the operation of a residential and commercial
solid waste collection service in the city with no deductions whatsoever.
Hazardous waste shall mean wastes that are hazardous by reason of their pathological,
explosive, radiological or toxic characteristics.
Household trash shall mean any and all accumulations of waste material from the
operation of a home, which is not included within the definition of garbage. Household trash
shall include all bulky wastes, yard toys, and building material waste from residential -type
do-it-yourself projects, but does not include vegetative matter.
Industrial waste shall mean waste and debris from manufacturing and fabrication plants,
lumberyards and construction or demolition of buildings, debris and waste accumulation from
land or lot clearing, excavating, building, rebuilding or altering of buildings, structures, roads,
streets, alleys, driveways, parking areas, sidewalks or parkways, wooden crating, pallets, dirt,
soil, excelsior or any waste materials which because of their volume and nature do not lend
themselves to collection with ordinary solid waste and refuse.
Multifamily and commercial solid waste, rubbish and refuse collection container shall
mean any portable nonabsorbent, enclosed container with a close -fitting cover, or doors, which
is used to store large volumes of refuse. These include dumpsters, compactors, and
permanent -use open -top roll -offs. Other types of collection containers, capable of being
serviced by mechanical equipment, may qualify as this type of container.
Multifamily residential shall mean a group of more than four (4) housekeeping units
where it is not feasible to have garbage picked up from each individual residence and where
either a dumpster, compacting dumpster, or roll -off compaction dumpster is required for central
pickup of garbage and trash.
Pathological waste shall mean tissues, organs, animal bodies, body excretions, used
bandages, medicines, drugs, hypodermic syringes or solid organic wastes from hospitals,
laboratories, clinics, physicians' and dentist offices, animal hospitals or similar sources.
Pathological waste container shall mean a disposable, waterproof container or bag,
securely closed, not torn or ruptured. Such disposable container or bag shall be placed within
an approved collection receptacle.
Recyclables shall mean those items on the approved recycling list.
Recyclable items shall include but not be limited to metal cans, glass bottles and jars,
and plastic (including soft drink, milk, water, juice and detergent) bottles and jugs, fiber
(newspaper, magazines, boxboard, brown paper bags, telephone books, catalogues, office
paper, etc.), corrugated cardboard, and any other materials which are designated by the public
works director.
Recycling containers shall mean the receptacles purchased, leased and distributed or
placed by or on behalf of the city to city residents or locations for the intended use as
receptacles of recyclable materials.
Refuse shall include and mean all garbage, dead animals, vegetative garden and yard
trash, bulky wastes, household trash, commercial trash, and construction and demolition debris.
Residential/commercial mechanical compacting dumpster shall mean any residence or
commercial establishment where it is not feasible to pick up garbage, trash or recyclable items
with a noncompacting dumpster. "FEL" refers to front-end loaded container.
Residential unit shall mean one (1) single-family dwelling or one (1) living unit in a
multifamily dwelling of four (4) units or less as a mobile home in a park utilizing toter container
collection.
Roll -off container shall mean a container of varying bulk nature, either open -top or
compacting type, picked up and transported by truck.
Rubbish shall mean every accumulation of paper, excelsior, rags, wooden and paper
boxes or containers, sweepings and all other accumulation of materials other than solid waste
which are usual to housekeeping and to the operation of stores, offices and other business
places, including bottles, cans, and containers.
Small commercial garbage shall mean every accumulation of garbage from all
commercial establishments not serviced by a multifamily or commercial dumpster container of
two (2) cubic yards or more.
Solid waste shall mean every accumulation of animal, vegetable or other matter that
attends the preparation, consumption, decay, dealing in or storage of meats, fowl, fruit or
vegetable or any other putrecible matter, including animal feces and also including cans,
containers or wrappers along with such material. This includes the solid portion of the waste
stream including, but not limited to, garbage, refuse, rubbish, recyclable items and garden trash.
Toter shall mean container with attached lid and wheels supplied by the city or the
contractor provided for garbage pickup with automated or semi -automated service.
Trash, unless specifically provided to the contrary, the term trash shall include and mean
commercial trash, household trash, and garden and yard trash as defined below.
Yard waste (or trash) shall mean every accumulation of leaves, grass cuttings,
shrubbery, vines and trees, but not including dirt, soil or sod removed in the renovation or
rebuilding of lawns and turfs and not including tree limb, shrubbery cuttings and the like which
exceed six (6) inches in diameter or five (5) feet in length. Items exceeding these size limits or
quantities greater than five (5) cubic yards may require a special pickup at an additional fee.
Green waste produced by a landscape contractor or tree removal operation must be disposed of
by the contractor and is not included within the requirements of the city's sanitation contractor's
responsibility.
Yard waste receptacle shall mean every receptacle equal to those specified above as
residential and commercial solid waste, rubbish or refuse containers or plastic bags having a
capacity not in excess of forty (40) gallons and of sufficient physical strength to hold and contain
their contents while being lifted and handled during collection.
White goods shall mean appliances such as refrigerators, freezers, stoves, ovens,
washing machines, dryers, water heaters, air conditioners, compressor units, microwave ovens,
television sets and the like.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-33, § (1), 6-23-08)
Sec. 16-2. Solid waste collection.
(a) Excess garbage. Any residential unit which routinely generates more garbage
than can be contained within the supplied toter, may be required to obtain a
second toter for garbage collection. Routinely is defined as more frequently than
once per month. The second toter will be billed at the rate listed in subsection
16-10(1). The city will first notify residents who are generating excess waste by
letter. If the excess continues, the resident will be required to add a second toter
for garbage collection.
(b) All solid waste accumulated in the city shall be collected, transported and
disposed by the city or a contractor designated by the city manager. No person
shall collect, transport through the streets or alleys of the city, or dump,
incinerate, or in any other manner dispose of solid waste originating in the city
except through written agreement with the city manager. Exceptions include
entities licensed by the city to perform commercial recycling and/or construction
and demolition debris removal. Each residence and commercial unit shall
separate the solid waste it generates into garbage, yard trash and recyclables for
collection. All garbage containers shall be emptied and the contents thereof shall
be disposed of at least once each week in residential districts. Dumpsters in
residential districts and in the business districts shall be collected as designated
by the public works director but no less than one (1) time per week. Dumpsters
from restaurants, food stores, clubs or other businesses that may reasonably be
expected to contain garbage from food preparation, food containers or wrappers,
etc. shall not be collected less than twice per week. All yard trash shall be picked
up and disposed of at least once each week. All containers for recyclable items
shall be emptied at least once each week. Businesses and multifamily residential
units generating amounts in excess of two (2) toters shall require a commercial
dumpster.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-32, § 1, 2-25-08)
Sec. 16-3. Garbage and trash containers.
(a) Containers. No garbage shall be collected unless it is placed in a closed garbage
container. Such container shall be a "toter" issued by the contractor or the city to
facilitate automated or semi -automated collection by the contractor. Garbage
shall be placed in bags and deposited in toter, which is to be wheeled to the
appropriate area for collection service. Nothing shall be picked up, collected or
removed by the franchisee unless it is within a garbage container as defined
herein. Household items normally set out with garbage, such as curtain rods and
plumbing fixtures, weighing less than forty (40) pounds, may be placed next to
garbage containers. Any items exceeding five (5) feet in length shall be folded or
cut to meet the length requirement, when possible. Although toters remain the
property of the contractor or the city, residents are allowed to neatly stencil house
numbers onto the container for ease of identification.
(b) Set out and storage. No person shall place a container or yard waste in front of a
residential unit in which he does not reside. Nor shall containers or yard waste be
placed in a city park or right-of-way adjoining a park or in a road median.
Garbage containers set out for garbage collection shall be placed at the curb of
the street from which garbage service is rendered except as otherwise provided
herein. Garbage containers shall be set out no earlier than 6:00 p.m. the day
prior to collection and shall be returned to their regular place of storage no later
than 12:00 midnight on the day of collection. Yard waste such as leaves or grass
clippings shall be set out in a yard waste receptacle, no sooner than two (2) days
prior to collection. Bulk (uncontainerized) yard waste such as tree limbs or palm
fronds may be set out when generated. Garbage container 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 right-of-way or public
property. If garbage is stored underground or behind a garbage container blind
that is not located at the curb, the garbage container must be moved to the curb
for pickup. Any residence or commercial unit to which this section creates a
hardship to either the resident of the property or the franchisee for placement of
containers for garbage service shall apply to the public works director or his
designee, who shall thereupon determine the location at which garbage
containers shall be placed. Garbage containers 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. Only toters supplied by the city or the city's franchisee
may be used for household garbage. Receptacles used for yard trash shall be
subject to inspection and approval or condemnation by the public works director.
Appeals of his decisions may be made to the city manager.
(d) Dumpsters required. All commercial units, other than commercial hand pickup,
and multifamily residential units shall be required to have a commercial dumpster
for disposal of garbage and trash. It shall be the duty of the public works director
to determine the size dumpster required. Dumpsters shall not be filled past the
maximum fill line. In cases where a commercial or multifamily unit is routinely
overfilling the dumpster, the public works director may direct an increase in either
frequency of collection or container size. Appeals of his decisions may be made
to the city manager. The public works director will approve requests from
commercial and multifamily residential units for mechanical compacting
dumpsters. Rates for these services will be set by ordinance. Dumpster
enclosures meeting design standards provided by the public works director are
required for all new or redeveloped commercial and multifamily residential units.
Owners and residents with dumpsters are required to keep installed gates closed
at all times except when necessary for access.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-33, § 1(2), 6-23-08)
Sec. 16-4. Leaves and grass clippings; tree trunks.
Leaves and grass clippings shall be placed for collection at the curb in either a container
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 be collected; these items shall not exceed five (5) feet in length, six (6) inches in
diameter nor shall any single item exceed a weight of forty (40) pounds. Each residence is
allowed a cumulative amount of five (5) cubic yards weekly.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-5. Hazardous or electronic waste.
The city holds twice -yearly hazardous waste collection events at city hall, which include
collection of electronic waste (e -waste). Otherwise, Duval County residents may recycle
electronic waste at the City of Jacksonville Household Hazardous Waste Facility at 2675
Commonwealth Avenue. Hours of operation are Tuesday through Saturday, 8 a.m. until 5 p.m.
The facility is closed on Sunday and Monday. For more information, call 387-8847.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-33, § 1(3), 6-23-08)
Sec. 16-6. Burial of solid waste.
No solid waste shall be buried upon the premises of the person by whom the solid waste
is accumulated. No solid waste shall be buried elsewhere in the city except upon written
permission of the city manager. Composting shall not be considered burial or disposal.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-7. Depositing on vacant lots, streets, parks, etc., prohibited; compost piles.
(a) It shall be unlawful to deposit garbage, trash, recyclable items or any other solid
waste including old furniture, appliances, bedsprings, tires, building materials or
auto parts upon any vacant or unoccupied premises of the city, or upon any
street roadway or in the drainage gutter or drainage swale or ditch, alley, road
median or park.
(b) It shall be unlawful for any person to deposit yard trash upon any adjoining lot or
premises, whether vacant or improved, occupied or unoccupied, or upon any
other lot or premises, or a street roadway or in the drainage gutter or drainage
swale or ditch, plaza, alley, road median or park, or in any canal, waterway, lake
or pool within the city. Yard 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.
(Ord. No. 55-07-31, 3-26-07)
Florida Litter Law, F.S. § 403.413.
Sec. 16-8. Removal of lot clearing, contractors' debris; oil and grease.
Trash and debris caused from tree removal or trimmings or debris from lot clearing shall
be removed by the owner. The owner or contractor performing the work shall remove
contractors' debris caused from building, rebuilding or otherwise altering of buildings or
structures. Spent oils or greases accumulated at garages, filling stations or similar
establishments will not be removed by the franchisee.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-9. White goods, bulk items and special pickups, procedure and fees for
removal.
All residents, occupants and owners of residential premises, other than multifamily
residential units receiving dumpster service for garbage, in the city who have not arranged for
private disposal of white or bulk goods shall have such goods removed and disposed of by the
franchisee of the city by placing such goods curbside on pickup day. For residential collection,
the fee for pickup, other than special pickup of excess yard waste, shall be included in monthly
sanitation fees.
Cost of white goods pickup for businesses and multifamily residential units receiving
dumpster service for garbage and for collection of excess yard waste shall be in accordance
with the special pickup fee schedule approved by the city manager.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-10. Fees for collection.
All residents, occupants and owners of premises in the city shall have accumulations of
solid waste removed and disposed of by the franchise, and for the service of solid waste
removal shall pay the city the sums as promulgated by ordinance shown below for each type of
service.
(1) Residential. Monthly payments shall be computed by multiplying the initial
number of residential units in the service area times seventeen dollars and
seventy-eight cents ($17.78) per household for garbage, recycling, and yard
waste.
a. Any person requesting an additional garbage pick-up each week shall be
charged an additional fee of seventeen dollars and seventy-eight cents
($17.78) per month. The day of the additional pick-up shall be set by the
franchisee, and a subscription agreement shall be signed with the city
which shall require a minimum of one (1) year of the additional fee.
b. Any person requesting an additional garbage toter (or required to have an
additional garbage toter due to volume of excess trash produced) for their
household shall be charged an additional fee of eight dollars and
eighty-four cents ($8.84) per month and a subscription agreement shall
be signed with the city which shall require a minimum of one (1) year of
the additional fee.
(2) Multifamily residential (curbside, all residential services): Monthly
payments shall be computed by multiplying the initial number of
residential units in the service area times seventeen dollars and
seventy-eight cents ($17.78) per household for garbage, recycling and
yard waste.
Multifamily residential recycling using toters: Monthly recycling bill shall
be computed by multiplying the number of toters times nine dollars and
fifty-two cents ($9.52) times four and thirty-three hundredths (4.33) in
accordance with subsection (11) below.
(4) Multifamily (containers emptied by mechanical means): Monthly
payments shall be computed by multiplying the total monthly yardage
based on container size by the rate of five dollars and fifty-eight cents
($5.58) per cubic yard. For users of two (2) cubic yard containers,
monthly payments shall be computed by multiplying the total monthly
commercial yardage collected by the rate of six dollars and seventy-two
cents ($6.72) per cubic yard for containerized garbage.
(3)
(5)
Commercial (curbside, all residential services): Monthly payments shall
be computed by multiplying the number of business units in the service
area times seventeen dollars and seventy-eight cents ($17.78) per
business for garbage, yard waste and recycling.
(6) Commercial (curbside, garbage only, twice a week collection): Monthly
payments shall be computed by multiplying the number of commercial
toters times seventeen dollars and seventy-eight cents ($17.78) for
garbage.
Commercial (containers emptied by mechanical means): Monthly
payments shall be computed by multiplying the total monthly commercial
yardage collected by the rate of five dollars and fifty-eight cents ($5.58)
per cubic yard for containerized garbage based on container size. For
users of two (2) cubic yard containers, monthly payments shall be
computed by multiplying the total monthly commercial yardage collected
by the rate of six dollars and seventy-two ($6.72) per cubic yard for
containerized garbage.
(8) Commercial (roll -off containers): Monthly payments shall be computed by
multiplying the total number of roll -off pulls by thirty-two dollars and
twenty-four cents ($32.24) per yard (based on container size other than
C&D containers). For roll -off compactors, monthly payments shall be
computed by multiplying the total number of roll -off pulls by sixteen
dollars and seventy-five cents ($16.75) per yard multiplied by container
size.
(7)
(9)
VIP compactors (FEL): Monthly payments shall be computed by
multiplying the total monthly commercial yardage collected based on
container size by the rate of sixteen dollars and thirty-two cents ($16.32)
per cubic yard for compacted containerized waste.
(10) Special pickups including extra service, excess yard waste and
commercial bulk pickups: Special pickups shall be billed at the rate listed
in the schedule of standard charges approved by the city commission.
(11) [Standardized billing.] For billing standardization purposes, monthly
payments will be calculated assuming four and thirty-three hundredths
(4.33) weeks per month.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-32, § 1, 2-25-08; Ord. No. 55-08-34, § 2, 9-22-08;
Ord. No. 55-09-35, § 2, 2-9-09)
Sec. 16-11. Annual review of fees.
A review of residential and commercial solid waste rates shall be conducted annually by
the director of finance and may be adjusted by ordinance as franchise rates are negotiated
between the city and franchisee in accordance with contractual requirements and any
unforeseen future disposal fees.
(Ord. No. 55-07-31, 3-26-07)
ARTICLE II. FRANCHISE AGREEMENTS
Sec. 16-12. Residential and commercial solid waste collection franchise.
Sec. 16-13. Grant of authority.
Sec. 16-14. Franchise award procedures.
Sec. 16-15. Term.
Sec. 16-16. Franchise fees.
Sec. 16-17. Noncompliance.
Sec. 16-18. Private refuse collectors; collection of commercial recycling and construction and
demolition debris.
Sec. 16-19. City's collection exempt from sections 16-10 through 16-18.
Sec. 16-20. Application; fee action by city commission.
Sec. 16-21. Issuance of permit.
Sec. 16-22. Permit requirements and rules.
Sec. 16-23. Revocation or suspension of permits.
Sec. 16-24. Permits not transferable.
Sec. 16-25. Authority of permit holders.
Sec. 16-26. Ownership of recyclable materials.
Sec. 16-27. Restrictions on removal of deposited recyclables.
Sec. 16-28. Prima facie evidence of production of garbage; duty of city to inspect premises.
Sec. 16-29. Enforcement.
Sec. 16-30. Violations and penalties.
Sec. 16-31. Conflict of provisions.
Sec. 16-32. Effective date.
Sec. 16-12. Residential and commercial solid waste collection franchise.
This article shall be known and may be cited as the "Atlantic Beach Residential and
Commercial Solid Waste Collection Franchise Ordinance."
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-13. Grant of authority.
(a) This article herein sets forth the conditions for the grant of exclusive right,
privilege and franchise to provide residential and commercial solid waste
collection services within the city.
(b) Any franchise granted under the provisions of this article shall include the right to
operate collection vehicles on the public streets of the city and to conduct a
residential and commercial solid waste collection business within the city.
(c) This article grants no authority to operate a residential and commercial garbage
collection business to any individual, partnership or corporation. Such a grant can
only be made by the award of a city solid waste franchise contract to a specific
applicant who has complied with the provisions of this article.
(d) So long as a franchisee shall perform the services set forth herein no other
private refuse collector shall be permitted by the city to provide residential and/or
commercial solid waste collection services within the city, except for services not
covered under the solid waste franchise contract.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-14. Franchise award procedures.
(a) The city may award a franchise as described herein by approval of a majority of
the commission. The city, prior to award of a franchise, shall issue request for
proposals or bids.
(b) After award of the franchise the franchisee shall have thirty (30) calendar days,
unless extended by the city, to acknowledge acceptance by notarized signature
execution of the solid waste franchise contract. The effective date of the
franchise shall be stated in the franchise contract.
(c) All provisions of the solid waste franchise contract shall be incorporated by
reference as part of this article.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-15. Term.
(a) The term of any franchise granted under this article shall be as stated in the solid
waste franchise contract; however, the city reserves the right to terminate the
same at any time during the term hereof if the franchisee defaults in any one (1)
of the terms and conditions set forth in the franchise contract.
(b) The term of the franchise may be extended for additional terms, as provided for
in the solid waste collection franchise contract. Provided, however, in no manner
shall this clause be construed to vest in the franchisee any right or option to
extend the term of this franchise beyond the termination date set forth in
subsection (a) of this section.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-16. Franchise fees.
Franchise fees may be enacted by the city commission by ordinance, and may be
charged in accordance with the same or the provisions of the franchise contract. Franchise fees
may be a percentage of the gross revenue for one (1) or more types of waste collection services
provided within the city limits, whether or not service is provided under the franchise contract or
by the contract franchisee.
For any services required to be performed under this franchise, the charges by the city
to the recipients of the solid waste collection services shall be as set forth by city ordinance.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-17. Noncompliance.
The franchisee shall not be required to collect any garbage, recyclable items or yard
trash that does not comply with this chapter.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-18. Private refuse collectors; collection of commercial recycling and
construction and demolition debris.
All persons and organizations desiring to engage in the business or activity of collecting
construction and demolition (C&D) materials or commercial recycling within the city shall, as a
prerequisite to doing so, obtain a construction and demolition and/or recycling collection
franchise permit from the city manager or his designee. No person or organization shall engage
in such business or activity within the city without first having obtained such a permit. This
service will be performed under a separate contract between the contractor and the user. The
contractor will bill the user directly for delivery, rental, collection and disposal. The rates for this
service shall be agreed upon in advance including per pull and delivery costs, and costs for
disposal. Contractors will pay a twenty -percent franchise fee to the city and will submit the fee to
the city quarterly. Contractors shall provide the city records identifying the address, volume of
collection, and such other information as requested by the city on the first of each month.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12)
Sec. 16-19. City's collection exempt from sections 16-10 through 16-18.
The provisions of these sections shall not apply to refuse, C&D materials or recycling
collection services performed by the city whether directly or indirectly or by contract. The city's
franchise service provider is exempt from this article.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12)
Sec. 16-20. Application; fee action by city commission.
Persons other than the city's franchise contractor desiring construction and demolition or
recycling collection permits shall complete and submit to the city manager or his designee a
franchise application form, together with an application fee in the amount of two thousand five
hundred dollars ($2,500.00). The form of application shall be prescribed by the city manager
and furnished to applicants by the city manager or his designee. Sufficient information shall be
provided to give the city reasonable assurance that proposed hauling activities will not create
noise, dust, odor, litter or other noxious conditions, that materials collected will be properly
disposed of at authorized facilities and that the applicant has sufficient resources to carry out
the proposed hauling activities. Any permit granted by the city manager pursuant to this section
shall not exceed one (1) year in term.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12)
Sec. 16-21. Issuance of permit.
The city manager or his designee shall issue franchise permits for construction and
demolition or recycling collection subject to the following requirements.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12)
Sec. 16-22. Permit requirements and rules.
All franchise permit holders shall comply with the following requirements and rules:
(a) Liability insurance. Each permit holder shall secure and maintain a public liability
insurance policy in the amount of not less than one million dollars
($1,000,000.00) for one (1) person injured, and two million dollars
($2,000,000.00) for more than one (1) person injured, and property damage
liability insurance of not less than one million dollars ($1,000,000.00). In addition
each permit holder must secure a total umbrella insurance policy of not less than
one million dollars ($1,000,000.00). All policies must have the city listed as
additional insured. Evidence of such insurance shall be deposited with the city
manager or his designee prior to issuance of the permit. Upon request by the
city, the permittee shall produce evidence of such continued coverage during the
term of the permit.
(b) Equipment. Permit holders within the city limits shall use only packer -type
equipment or appropriate trucks for safely hauling roll -off type containers.
(c) Sanitary conditions. Each permit holder shall clean the trucks and all containers
from which they collect refuse as needed, but in no event less than once each
month.
(d) Customers. Permit holders shall serve only those customers who have signed an
agreement for services provided. Such agreement shall specify the fee to be
charged and any extra charges that may occur as a result of services being
provided.
(e) Identification of equipment. Each permit holder shall place and maintain the
name, telephone number and permit number in a conspicuous place and display
the same in a conspicuous manner on each vehicle operated by the company
and each container serviced by them within the city.
Inspection. The city shall have the right to inspect all equipment used and all
containers serviced by permit holders within the city. In the event any such
equipment or containers are determined to be unsafe or unsanitary, the permit
holder shall have twenty-four (24) hours after notice of the deficiency within
which to correct the deficiency. The permit holder shall have the right to appeal
the decision of the city's inspector to the city commission. The safety
requirements referred to are not meant to suspend any other requirement of the
city code or state law.
Personnel. Each permit holder shall devote sufficient personnel, time and
attention to his refuse operation to assure a sanitary and safe operation within
the city. To this end, the permit holder shall employ competent and sober
personnel within the city. The permit holder shall employ no person convicted of
a felony crime within two (2) years. Each permittee will prepare a written policy
as part of its application, addressing hiring and retention of its employees with
regard to driving violations and random testing for use of illegal substances.
(h) Compliance with laws. Each permit holder shall comply with all applicable state
and federal laws and regulations and especially those relating to wages and
hours, and all other applicable laws pertaining to employment and protection of
employees, now or hereafter in effect.
(f)
(g)
(i)
Disposal of construction and demolition materials and recyclables. Each permit
holder shall dispose of all construction and demolition materials or recyclables
collected within the city at an approved and licensed disposal site. An alternate
site may be used if approved the city manager or his designee.
(j) Permit renewal. Fee for renewing an active permit shall be one thousand five
hundred dollars ($1,500.00) for one year. Documentation of continued insurance
coverage is required for permit renewal. If the franchise permit expires, the full
application, including fee, will be required.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12)
Sec. 16-23. Revocation or suspension of permits.
Permit holders violating any of the provisions of this article may have their permits
suspended by the city manager. Failure of the city manager to suspend a permit shall not
constitute a waiver. The city manager reserves the right to revoke permits issued pursuant to
this article for violation of this article or for other good cause.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-24. Permits not transferable.
Permits issued pursuant to this article shall not be assignable or otherwise transferable.
Any attempt at assignment or transfer shall automatically render the permit null and void.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-25. Authority of permit holders.
Permits are authorized under this article to aid the city in fulfilling its responsibility for
providing an adequate, safe and sanitary system of collecting, transporting and disposing of
refuse from buildings and establishments which are not covered by the city's solid waste
collection service franchise.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-26. Ownership of recyclable materials.
All recyclable materials, once placed at a collection location or in a recycling container at
a collection location, become the exclusive property of the city and/or its collection contractor.
Recovery of recyclable materials from any solid waste generated or brought within the city must
occur prior to the placing in a recyclable container at a collection location, and such recovery
shall be subject to state and local public health and safety laws.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-27. Restrictions on removal of deposited recyclables.
No person, firm or corporation shall be permitted to collect, vandalize or remove either
recycling containers or recyclable materials placed in or near the recycling containers,
designated collection locations and commercial dumpster locations unless previously authorized
by the city.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-28. 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, or to notify the proper persons if the
removal is not the duty of the city.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-29. Enforcement.
The police department, the public works department, the commission, the city manager
or his designee, the building official and the code enforcement officer, shall enforce this chapter.
All parties herein referred to are hereby authorized to sign complaints for a violation of this
chapter.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12)
Sec. 16-30. Violations and penalties.
The violation of any provision of this chapter shall be punished by a fine of two hundred
fifty dollars ($250.00) per day. Each calendar day may be considered a separate violation. Said
fine may be imposed on both the contractor or property owner hiring the non -franchised hauler
and against the hauler for placing an unauthorized container within the city limits of Atlantic
Beach.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12)
Sec. 16-31. Conflict of provisions.
That all ordinances or parts of ordinances in conflict with this chapter are, to the extent
that the same may conflict, are hereby repealed.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-32. Effective date.
This chapter shall take effect on June 1, 2007, and shall be recorded in a book kept and
maintained by the clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with
F.S. § 125.68.
(Ord. No. 55-07-31, 3-26-07)
Chapter 17 SIGNS AND ADVERTISING STRUCTURES XI[1]
ARTICLE I. IN GENERAL
Sec. 17-1. Intent.
Sec. 17-2. Definitions and references to other chapters within this Code.
Secs. 17-3-17-25. Reserved.
Sec. 17-1. Intent.
The city commission recognizes that there are various persons and entities that have an
interest in communicating with the public through the use of signs that serve to identify
businesses and services, residences and neighborhoods, and also to provide for expression of
opinions. The commission is also responsible for furthering the city's obligation to its residents
and visitors to maintain a safe and aesthetically pleasing environment where signs do not create
excessive visual clutter and distraction or hazards for pedestrians and vehicles; where signs do
not adversely impact the predominantly residential character of the city and where signs do not
conflict with the natural and scenic qualities of the city. It is the intent of the commission that the
regulations contained in this chapter shall provide uniform sign criteria, which regulate the size,
height, number and placement of signs in a manner that is compatible to the residential scale
and character of the city, and which shall place the fewest possible restrictions on personal
liberties, property rights, free commerce, and the free exercise of Constitutional rights, while
achieving the city's goal of creating a safe, healthy, attractive and aesthetically pleasing
environment that does not contain excessive clutter or visual distraction from rights-of-way and
adjacent properties; the surrounding natural coastal environment and residential neighborhoods.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-2. Definitions and references to other chapters within this Code.
For purposes of this chapter, the following terms shall have the meanings as set forth
within this section. Where appropriate, definitions contained within other chapters of this Code,
including chapter 6, building and building regulations, and chapter 24, zoning, subdivision and
land development regulations, shall also apply to this chapter.
Advertising message: The letters and graphics on a sign intended to directly or indirectly
promote the sale of a product, service, commodity, entertainment or real or personal property.
This definition shall also be deemed to include political copy intended to directly or indirectly
promote a candidate or issue. "Advertising message" shall not include signs or portions of signs
that are defined as a public sign.
Animated sign: Any sign or part of a sign, including the advertising message, which
changes physical position by any means of movement.
Automatic changeable message device: Any sign, which through a mechanical,
electrical, solar, or other power source is capable of delivering messages, which rotate or
appear to rotate, change or move at any time and in any way, including tri -vision or any
multi -prism sign faces.
Awning sign: (See also Marquee sign.) A sign painted onto or adhered to a marquee or
awning type structure constructed of an open frame covered by fabric, vinyl, plastic, metal, or
similar material. Awning sign shall include canopy sign.
Banner sign: A temporary sign made of lightweight fabric or similar material intended to
promote special seasonal, civic or community events.
Bracket sign: Any single or double-faced sign mounted on brackets, poles or beams
projecting at angles from the front or side of any building and supported solely by such brackets,
poles or beams.
Building sign: Any sign that provides the name or address of a building, as opposed to
the name of the occupants or services located within that building.
Canopy sign: See Awning sign.
Development parcel: For the purposes of this chapter, a development parcel shall be a
parcel of land, a lot or a combination of lots upon which uses regulated by these sign provisions
are located. This definition may include a single use or business, or a collection of uses or
businesses developed in a unified manner.
Directional sign: Any sign that solely serves to designate the location of, or provides
direction to, any place or area. Signs, which contain logos, or graphics commonly associated
with a service or business shall be included in the signs allowed for that site or business.
Double-faced sign: A sign with two (2) sides that are usually but not necessarily parallel.
Exempt signs: Signs as set forth within section 17-26 of this chapter, which are exempt
from certain requirements of this chapter.
Fascia sign: Any sign attached to or installed against a wall of a building. "Fascia sign"
includes wall signs, and cabinet and panel type signs, and signs located on the fascia of a roof,
or affixed to a roof plane, provided such sign does not extend above the height of the roof.
Flag: A piece of cloth or similar material having a distinctive size, color, and design used
as a symbol, standard, signal and other similar items of recognition and may include insignias of
governmental, religious, charitable, fraternal or other organizations. Any flag and pole or
attachment that frequently holds a flag shall be deemed a permanent flag.
Flashing sign: Any sign which uses an external or internal intermittent light source, which
results in changing light intensity (including on -off -on), brightness or color, or which is
constructed and operated so as to create an appearance of illusion of motion or creates
movement by any means.
Freestanding sign: Any sign, which is incorporated into or supported by structures or
supports in or upon the ground, independent of support from any building. Freestanding sign
includes pole sign, pylon sign, ground sign or monument sign.
Ground sign: See Freestanding sign.
Height of sign: The vertical distance measured from the lowest grade adjacent to the
sign extending to the topmost portion of the sign structure, including any frame, embellishment
or other type of upward extension from the sign.
Marquee sign: Any sign adhered or attached to a permanent roof -like structure, including
awnings and canopies projecting beyond a building wall at an entrance to a building or
extending along and projecting beyond the building wall and generally designed and
constructed to provide protection against the weather. Marquee signs shall include all signs
placed upon any type of marquee, canopy, awning, or similar structure.
Monument sign: A type of freestanding sign placed upon the ground independent of
support from the face of a building that generally has greater width than height and typically
constructed of a solid material such as wood, masonry or high-density urethane.
Non -conforming sign: Any sign, which was lawfully erected with properly issued sign
permits, but which does not comply with the land use, setback, height, size, spacing, and
lighting or other provisions of these regulations or other laws, as may be amended.
Obscene sign: Any sign containing statements, words, pictures or symbols of an
obscene nature. The word obscene shall be as defined in F.S. 847.001, as may be amended
from time to time.
Pennants: Any small, single flag -like piece of cloth, plastic or paper attached to any staff,
cord, building, or other structure at only one (1) or two (2) edges, the remaining hanging loosely;
lacking the insignia of a flag.
Personal expression sign: Any sign containing a message of non-commercial opinion or
endorsement and not containing a commercial advertising message.
Pole sign: See Freestanding sign.
Political campaign sign: Any temporary sign, as may be authorized under this chapter,
erected or displayed for the purpose of advertising a qualified candidate on any primary,
general, or special election ballot within the City of Atlantic Beach.
Portable sign: A sign that may be mobile and has no permanent attachment to a building
or to the ground by means of a footing, including signs with wheels designed to be pulled or
towed on a trailer or similar towing device.
Projecting sign: See Bracket sign.
Public sign: Any sign placed and maintained by the City of Atlantic Beach, Duval County,
the State of Florida, the United States Government, a public utility, school district, or other duly
authorized public agency. Public signs may be placed in locations as determined necessary and
appropriate by the public agency and shall include public information signs, public identification
signs, public directional signs, banner signs, and street name signs installed by a public agency,
traffic control signs, warning signs and similar signs.
Pylon sign: See Freestanding sign.
Roof sign: Any sign attached to a building or the roof structure of a building by any
means, which extends above the height of the roof or roof plane.
Sign: Any identification, description, illustration, or device illuminated or non -illuminated,
which is visible from any outdoor place, open to the public and which directs attention to a
product, service, placed, activity, person, institution, or business thereof, including any
permanently installed or situated merchandise; or any emblem, painting, banner, pennant, flag,
placard, designed to advertise, identify, or convey information, with the exception of customary
window displays, official public notices and court markers required by federal, state or local
regulations; also excepting, newspapers, leaflets and books intended for individual distribution
to members of the public, attire that is being worn, badges, and similar personal gear.
Sign display area: The sign display area shall be defined as the area enclosed within
any geometric figure, which would enclose all parts of the advertising message of the sign. The
structural supports for a sign, whether they are columns, pylons, or a building or part thereof,
shall not be included in the sign display area.
Sign face area: The part of the sign, including all frame, trim and background, which
contains the sign display area, advertising message or informative contents.
Sign permit: A development permit authorizing erection, placement or installation of a
sign as permitted by this chapter in accordance with the requirements of article V of this
chapter.
Sign structure: Any structure that supports, has supported, or is capable of supporting a
sign, including decorative covers and embellishments.
Snipe sign: Any sign of any material, including paper, plastic, cardboard, wood or metal
when tacked, nailed or attached in any way to trees, poles, stakes, fences, the ground, or other
objects where such sign may or may not be applicable to the present use of the property upon
which such sign is located.
Vehicle sign: Any sign placed within, upon or affixed to a motorized vehicle, other than a
registered logo, trademark or service mark that is attached to a motorized vehicle. Vehicle signs
shall not include political campaign signs, personal expression signs, bumper stickers,
decorative decals and the like, provided these are otherwise in compliance with the provisions
of this chapter.
Wall sign: See Fascia sign.
Width of sign: The horizontal distance measured from one (1) edge of the sign structure
extending to the opposite edge of the sign structure, including any frame, embellishment or
other type of extension from the sign.
Window sign: Any sign placed inside a window of a building, facing the outside and
which is intended to be seen from the exterior. Window signs shall be included in the signs
allowed for that site, activity or business.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-13-18, § 1, 3-25-13)
Secs. 17-3-17-25. Reserved.
ARTICLE II. SIGNS PERMITTED
Sec. 17-26. Exempt signs.
Sec. 17-27. General provisions applying to all permitted signs.
Sec. 17-28. Signs permitted within residential zoning districts.
Sec. 17-29. Signs permitted within commercial and industrial zoning districts.
Sec. 17-30. Signs within special purpose (SP) and planned unit development (PUD) zoning
districts.
Sec. 17-31. Signs within conservation (CON) zoning districts.
Sec. 17-32. Signs placed on public buildings and structures and within public parks.
Sec. 17-33. Banner signs.
Secs. 17-34-17-40. Reserved.
Sec. 17-26. Exempt signs.
(a) Within all non-residential zoning districts, the following signs shall be considered
as permitted signs and shall be exempt from the requirement to obtain a sign
permit as set forth within article V of this chapter:
(1) Decals, limited to those as required by law, which are affixed to or painted
upon store windows, store equipment, fuel pumps or other types of
vending equipment used for dispensing retail products.
(2) Lettering only, for the purpose of providing ownership, licensing and
emergency contact information, when placed upon doors and windows of
lawfully licensed businesses, with letters not exceeding three (3) inches in
height and limited to a maximum area of two (2) square feet.
Signs within a building that are not visible from the exterior of the building.
This shall not include window signs affixed to the interior of windows,
which are visible from the exterior.
(3)
(4) Building signs, historical markers, 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 similar
noncombustible material.
(5)
Professional nameplates for physicians, surgeons, dentists, musicians,
lawyers, architects, teachers and other like professional persons placed
on the premises occupied by the person(s), not exceeding one (1) square
foot in sign face area, provided such professional has a valid occupational
license as may be required for the particular profession to operate on
those premises.
(6) Signs denoting only the name and profession of an occupant of a
building, placed flat against the exterior surface of the building and not
exceeding three (3) square feet in sign face area, provided such occupant
has a valid occupational license as may be required to operate on those
premises.
(7) Signs depicting only time and temperature.
(b) Within all zoning districts, the following signs shall be considered as permitted
signs and shall be exempt from the requirement to obtain a sign permit as set
forth within article V of this chapter:
(1) Not more than one (1) real estate sign advertising the sale, rental or lease
of only the premises on which the sign is located. Such signs shall not
exceed six (6) square feet in area, and five (5) feet in height. Signs
advertising the sale, rental or lease of property exceeding this size and
height shall not be considered as exempt signs and shall be subject to the
provisions of section 17-29(d).
(2) Signs noting the architect, engineer or contractor for a development
project when placed upon work under construction, provided the sign
shall be removed within fifteen (15) days of completion of construction.
Such signs shall not exceed six (6) square feet in size or eight (8) feet in
height.
(3)
Signs as required by law to display building permits or other similar
required public notices.
(4) Public signs, banner signs, traffic signs, street name signs, legal notices,
danger signs and temporary emergency, informational or non -advertising
signs, when erected by city, county, state or federal authorities.
No trespassing and private property signs not exceeding two (2) square
feet in area. Such signs shall not be displayed from or attached to trees,
utility poles or any type of utility structure or equipment, including lift
stations, fire hydrants and the like.
Vacancy or no vacancy signs not exceeding two (2) square feet in area.
Temporary political campaign signs announcing the candidacy of a
qualified candidate for public office not exceeding four (4) square feet in
area may be placed wholly within the boundaries of any property, at the
discretion or consent of the legal owner and/or occupant of the property,
provided such signs conform with all traffic, electrical, maintenance, fire
and safety regulations of the city.
The placing of political campaign signs on city property, other public property or on public
rights-of-way shall be prohibited. Political campaign signs displayed within motor vehicles
conducting routine business activities on city or other public property shall not be prohibited,
provided that no such vehicle shall be parked on city property, other public property or on public
rights-of-way for the sole purpose of displaying political campaign signs.
Illegally placed political campaign signs shall be removed by the code enforcement officer
without notice to the candidate or abutting property owner or occupant. Political campaign signs
shall not be placed on property prior to qualification of the candidate to run for office, and all
such signs shall be removed within seventy-two (72) hours after the last election. If such signs
are not removed within this period of time, the city may remove such signs and may charge the
candidate the actual cost for such removal. Collected funds shall be deposited into the city
general revenue. Failure to remove signs is a violation of this Code and is enforceable pursuant
to F.S. Chapter 162, Code Enforcement.
(8) Personal expression signs limited to one (1) per lot or parcel, or in the
case of multi -family uses, one (1) per dwelling unit, expressing personal
views or opinions not exceeding four (4) square feet in area, providing
such signs are otherwise in compliance with applicable local, state and
federal laws.
(5)
(6)
(7)
(9) Religious symbols.
(10) Garage sale signs or open house signs within residential zoning districts,
not exceeding four (4) square feet in size, limited to two (2) per site and
located only at the location of such event. Such signs may be displayed
one (1) day before the garage sale or open house and shall be removed
immediately after conclusion of the event. No garage sale sign or open
house sign may be erected upon any public right-of-way.
(11) Signs placed within interior courtyards, the inside fence line of
recreational fields and on golf courses, provided such signs are visible
only to those persons visiting such place and are otherwise in compliance
with this chapter.
(12) Address and street number signs not exceeding two (2) square feet.
(13) Holiday and seasonal decorations shall not be construed as signs,
providing that these contain no commercial advertising message.
(14) Not more than two (2) flags per development parcel, but if there are two
(2) flags, then one (1) must be the flag of the United States of America. A
development parcel with more than one (1) principal structure may have
two (2) flags for each principal structure with more than five thousand
(5,000) square feet of fully enclosed floor area. Each flag shall not exceed
twenty-four (24) square feet in area; however, this size limitation shall not
apply to United States of America flags at public buildings and parks.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-13-18, § 2, 3-25-13)
Sec. 17-27. General provisions applying to all permitted signs.
All signs shall be subject to the following general provisions.
(1) No sign shall be installed, erected or placed prior to issuance of a sign permit as
required by article VI of this chapter, except for exempt signs as set forth in
section 17-26. Signs shall be located only on property where the sign serves to
provide an advertising message for that property.
(2) All signs shall be engineered and constructed as required by these regulations
and the Florida Building Code. Signs shall be professionally designed, lettered
and constructed.
(3)
Signs constructed for the purpose of displaying an advertising message shall be
constructed of materials suitable to withstand weather related deterioration and
shall not be constructed of plywood, cardboard, paper or other such materials,
which deteriorate quickly when exposed to normal weather conditions.
(4) 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.
No sign shall be attached to or placed against a building in any manner which
impedes or blocks ingress or egress through any door or window of any building,
nor shall any sign obstruct or be attached to a fire escape.
(6) No sign shall be erected near the intersection of any street in such a manner so
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.
Where the rear of any sign structure is visible from any street or from any
adjoining residential zoning district, all exposed structural and electrical
components of any such sign shall be concealed in a manner as approved by the
city manager.
(8) Fascia or wall signs, shall be mounted directly upon the surface of the building,
and shall not be mounted upon exposed raceways, or other type of protrusions
from the surface of the building.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03)
(5)
(7)
Sec. 17-28. Signs permitted within residential zoning districts.
(a) Except for exempt signs as provided for in section 17-26, signs within residential
zoning districts, shall be limited to those as set forth below.
(1) For single-family and two-family residential subdivisions and
developments containing ten (10) or more residential lots, where
individual lots are accessed from a common internal roadway, one (1)
sign identifying the name of the subdivision shall be allowed at each
entrance from a collector or arterial street, not to exceed two (2) signs.
a. Size permitted: Thirty-two (32) square feet of sign face area.
b. Maximum height of sign: Eight (8) feet.
c. Type allowed: Freestanding ground or monument style. Where
more than one (1) sign is allowed, each such sign erected shall be
constructed and designed in the same manner.
d. Illumination: These signs shall be externally illuminated with
ground mounted lighting only. Any lighting shall project from the
ground onto the sign only, and shall not be directed towards any
street or residential lot.
(2) For multi -family residential uses, one (1) sign identifying the name of the
multi -family development shall be allowed at each entrance not to exceed
two (2) signs. Internal directional signs and signs identifying buildings
shall also be allowed limited to three (3) feet in height and eight (8)
square feet in sign face area.
a. Size permitted: Sixty (60) square feet of sign face area.
b. Maximum height of sign: Eight (8) feet.
c. Type allowed: Freestanding ground or monument style. Where
more than one (1) sign is allowed, each such sign erected shall be
constructed and designed in the same manner.
d. Illumination: These signs shall be externally illuminated with
ground mounted lighting only. Any lighting shall project from the
ground onto the sign only, and shall not be directed towards any
street, vehicular drive or residential unit.
(b) Signs, as set forth with above paragraph (a), that are located within public or
dedicated rights-of-way shall be approved by the city commission. Such signs
may be approved at the time of final plat approval as set forth by section 24-202
of this Code, or alternatively, such signs may be approved upon specific
application to the commission. Approval of the city commission shall be required
prior to the issuance of a sign permit. Such signs shall complement and conform
to the "WELCOME TO ATLANTIC BEACH" signs in features including lettering,
color, composition, structural materials, finished surface, and shall be
constructed of wood or similar material giving the finished appearance of carved
or sandblasted wood, as described within section 17-32.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-29. Signs permitted within commercial and industrial zoning districts.
Subject to the provisions as set forth within this section, the following signs shall be
permitted within commercial professional office (CPO), commercial limited (CL), commercial
general (CG), central business district (CBD), and industrial, light and warehousing (ILW) zoning
districts. Except as specifically exempted in section 17-26, and further subject to issuance of a
sign permit, no other signs or advertising device shall be displayed or erected within the city.
(a) Fascia signs.
(1) Fascia signs for buildings with a single business or occupant.
a. Size permitted: One (1) square foot of sign face area for each
linear foot of the building width that faces the street frontage,
provided that the total signage shall not exceed two hundred (200)
square feet of sign face area, including buildings on corner lots.
(For example, if the width of the building facing the front of the lot
is fifty (50) feet, the maximum total sign face area for all fascia
signs is fifty (50) square feet.) If the building is on a corner lot,
then the widths of the building facades facing multiple street
frontages can be added together to determine the total signage
area, but in no cases shall the total fascia signage exceed two
hundred (200) square feet, nor shall an individual sign exceed the
square footage corresponding to the linear width of the building
side on which that sign is posted. In no case, shall any individual
sign as described above, exceed one hundred (100) square feet in
sign display area except for buildings that face the front lot line, as
defined in this Code, by a distance of more than one hundred
(100) linear feet, which may have an individual sign display area
up to a maximum of two hundred (200) square feet depending on
the amount of building frontage.
(2) Number of fascia signs permitted: Not more than three (3) fascia signs
shall be allowed on any one (1) side of the building. Where fascia signs
are placed upon more than one (1) side of the building, the combined sign
face area shall not exceed the amount permitted by subsection (a)(1)a.
above.
[(3)]
Fascia signs for buildings with multiple businesses or occupants.
a. Size permitted: One (1) square foot of sign face area for each
linear foot of the unit(s) occupied by one (1) business or occupant,
provided that the total signage shall not exceed two hundred (200)
square feet for any one (1) business. If the business or occupant
is on the corner, then the widths of the unit(s) occupied by the
business or occupant that are facing multiple street frontages can
be added together to determine the total signage area, but in no
case shall the total signage for particular business or occupant
exceed two hundred (200) square feet, nor shall any individual
sign exceed the square footage corresponding to the linear
building footage. (For example, if the width of a unit or several
units, occupied by one (1) business is twenty-four (24) feet, then
one (1) sign, a maximum of twenty-four (24) square feet of sign
face area is permitted.) In no case, shall any individual sign as
described above, exceed one hundred (100) square feet in sign
area except for buildings that face the front lot line, as defined in
this Code, by a distance of more than one hundred (100) linear
feet, which may have an individual sign display area up to a
maximum of two hundred (200) square feet depending on the
amount of building frontage.
b. Required spacing between signs on buildings: Fascia signs shall
be separated by a minimum distance of seventy-two (72) inches.
(b) Bracket or marquee signs. In lieu of the above described fascia signs, a business
or permitted use may install a single bracket sign or marquee sign in accordance
with the following provisions:
(1) Size permitted: The maximum size of a bracket sign or a marquee sign
shall be determined in the same manner as a fascia sign, provided that
no such sign shall have more than sixty (60) square feet of projected sign
face area.
a. There shall be no more than twelve (12) inches of clear space
adjacent to the building wall, and such signs shall not extend or
project from the face of the building more than ten (10) feet.
b. No portion of such sign shall extend above the height of the roof.
c. No portion of such sign shall be closer than eight (8) feet to any
sidewalk or pedestrian walkway, and no closer than five (5) feet
from any street side property line. All such signs shall be securely
anchored to a wall and shall in no manner be connected to or
suspended from the roof of any building.
(2) Within the central business district only. In addition to other permitted
signs, uses limited only to retail establishments, restaurants, cafes and
coffee shops, may install a single bracket sign extending above a public
sidewalk or pedestrian walkway. The purpose of this provision is to
provide appropriate and consistent signage for the unique pedestrian
environment of the town center area. Such signs shall be located only in
accordance with the following provisions and upon issuance of a sign
permit:
a. May be located only above first floor entryways or first floor
windows with no portion of the sign display area exceeding ten
(10) feet above the established grade of the adjoining sidewalk or
walkway;
b. Shall provide minimum vertical clearance of eight (8) feet above
the sidewalk or walkway;
c. Shall provide minimum clearance of six (6) inches from the
building facade;
d. Shall be separated from any other such sign by a minimum of
twenty (20) feet;
e. Shall not exceed three (3) feet in horizontal width and two (2) feet
in vertical depth;
f. Shall give the appearance of traditional wood routed or
sandblasted signs. Materials such as high density urethane (HDU)
and recycled high density polyethylene (HDPE) plastics, which
give a similar appearance, shall be acceptable substitutes;
Shall be externally illuminated only and shall contain no electrical
components; and
h. Shall create no safety hazard or obstruction to the public's use of
the sidewalk or walkway as determined by the director of public
safety.
(c) Freestanding signs. In addition to the above signs, freestanding signs may be
permitted as set forth below:
(1) Size permitted: One (1) square foot of sign display area for each linear
foot of frontages of the development parcel on which the sign(s) are
placed, provided no such sign shall exceed ninety-six (96) square feet of
sign display area, or eight (8) feet in height and twelve (12) feet in width,
except as provided in subsection (c)(2)b. below.
(2) Number of freestanding signs permitted:
a. Development parcels with street frontage shall be permitted one
(1) freestanding sign for each one hundred (100) feet of linear
street frontage, up to a maximum of three (3) freestanding signs.
b. Development parcels with street frontage upon more than one (1)
street, shall be permitted one (1) additional freestanding sign on
each street side of the development parcel.
c. Required distance from property lines: No portion of any
freestanding sign shall be located closer to the property line than
five (5) feet. Additional distance from property lines may be
required if determined necessary by the director of public works,
to maintain clear vehicular and pedestrian sight distance.
Freestanding signs shall not be located so as to interfere with
clear vehicular or pedestrian sight distance. Further, signs
determined by the director of public safety to interfere with safe
sight distance for pedestrians or vehicles shall be immediately
removed.
g.
(3)
Within commercial general (CG) and commercial limited (CL) zoning
districts only. Alternatively, on development parcels with street frontage of
three hundred (300) linear feet or more shall be permitted one (1)
freestanding sign not to exceed ten (10) feet in height and one hundred
twenty (120) feet in sign display area. The required distance from any
property lines for such freestanding sign shall be a minimum of ten (10)
feet. Additional distance from property lines may be required if
determined necessary by the director of public safety, to maintain clear
vehicular and pedestrian sight distance.
(d) Requirement for a unified sign plan. After the initial effective date of these
regulations, all new nonresidential development, which shall contain space or
units for more than one (1) business or occupant, shall provide a unified sign
plan with the application for building permits. All subsequent applications for sign
permits shall comply with the approved unified sign plan. The unified sign plan
shall comply with respect to the following:
(1) Manner and type of construction, including materials to be used,
installation method and mounting details.
(2) Means of illumination, if any, and hours of illumination.
(3) Size, color, lettering, and graphics style.
(e) Pre -development signs. Signs for the purpose of announcing a coming
development project may be placed within commercial and industrial zoning
districts subject to the following provisions:
(1) Issuance of a sign permit shall be required, and no such sign shall remain
on any development parcel for a period of time exceeding one (1) year
from the issuance date of the sign permit.
(2) Complete and proper applications for building permits for the related
development project must be submitted within sixty (60) days of the
placement of any such sign, or the sign shall be removed. In the case that
the sign is not removed, the sign shall be considered an abandoned sign,
subject to the provisions of subsection 17-41(c).
Such sign shall be removed within thirty (30) days of the issuance of any
certificate of occupancy, or at any time when construction ceases for a
period of time longer than thirty (30) days. In the case that the sign is not
removed within these periods of time, the sign shall be considered as
abandoned, subject to the provisions of subsection 17-41(c).
(4) Only one (1) such sign shall be placed upon the development parcel and
shall not exceed the height or size permitted by preceding paragraph (a).
Requirement to display street number. All business and activities regulated by
the requirements of section 17-29 shall display the street number in a manner
that is prominent and clearly readable to vehicular and pedestrian traffic, as
appropriate. Street numbers shall be displayed on all freestanding signs and over
front doors or primary entryways.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03; Ord. No. 60-04-15, § 2, 1-10-05;
Ord. No. 60-12-17, § 1(Exh. A), 1-9-12)
(f)
(3)
Sec. 17-30. Signs within special purpose (SP) and planned unit development (PUD)
zoning districts.
The size, height, width and number of signs permitted within special purpose districts
and planned unit development districts shall be established within the ordinance creating such
district as determined by the city commission to be appropriate for the nature and character of
the use within these districts.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-31. Signs within conservation (CON) zoning districts.
As set forth by section 24-103(b) of this Code, all uses in the conservation districts shall
require approval as a use -by -exception. The size, height, width and number of signs permitted
within conservation districts shall be established during the use -by -exception process in
accordance with the provisions of section 24-63. Signs within conservation districts shall not
adversely impact the environmentally sensitive qualities of these areas, shall be non -illuminated,
shall contain no electrical components and shall be constructed of wood, brick, masonry,
high-density urethane or similar material, which is consistent with the natural surroundings of
these districts.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-32. Signs placed on public buildings and structures and within public parks.
All signs displayed within City of Atlantic Beach parks and upon the exterior of any public
building or structure shall conform with design of the "WELCOME TO ATLANTIC BEACH" signs
displayed on such properties as of the effective date of this chapter, or as such design may be
later modified by city commission. Such signs shall display the City of Atlantic Beach logo, as
depicted in Figure 1, and shall be similar in appearance with respect to color, lettering,
composition, and materials used for construction. Materials used shall be wood, high-density
urethane, or similar material, which may be given a sandblasted -type finished surface. Public
notice, parking and traffic signs shall be exempt from this provision.
Fiaure 1—Citv of Atlantic Beach Loao
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-33. Banner signs.
(a) The purpose of banner signs shall be to promote special seasonal, civic or
community events that occur on a temporary basis. A sign permit shall not be
required for banner signs; however, all banner signs shall be registered with City
of Atlantic Beach. No banner sign shall be hung, placed or erected prior to
registration on a form as provided by the planning and zoning department, and
payment of fees as may be established by the city commission.
(b) Banner signs may be displayed subject to registration verifying compliance with
the following provisions:
(1) Display of banner signs for any event shall be limited to thirty (30)
consecutive or cumulative days within one (1) calendar year.
(2) Banner signs shall be limited in size to a maximum of sixty (60) square
feet in size.
Banner signs shall not contain an advertising message.
Banner signs shall not hang over or extend into rights-of-way.
Banner signs shall be securely anchored to buildings, poles or suitable
structural supports and shall not be attached to trees, public buildings or
structures, utility poles or any type of utility structure or equipment,
including lift stations, fire hydrants and the like.
(6) Property owner's authorization to install and display such banner sign.
(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-34-17-40. Reserved.
(3)
(4)
(5)
ARTICLE III. CAUSE FOR REMOVAL OF SIGNS, ABANDONED SIGNS AND
PROHIBITED SIGNS
Sec. 17-41. Removal of unsafe, damaged or poorly maintained, and abandoned signs.
Sec. 17-42. Prohibited signs and devices.
Secs. 17-43-17-50. Reserved.
Sec. 17-41. Removal of unsafe, damaged or poorly maintained, and abandoned signs.
(a) Unsafe signs. In the event that any sign, including an exempt sign, is determined
by the building official to be unsafe, such sign shall be immediately removed
upon written notice from the building official ordering removal. Such notice shall
be sent by certified mail to the property owner of record. If not removed within ten
(10) days, the sign shall be considered a hazard to public safety and shall be
removed at the property owner's expense.
(b) Damaged signs and poorly maintained signs. All signs, including exempt signs,
shall be kept in a structurally sound condition, with a neat appearance and in a
generally good state of repair. Further, signs shall be maintained in accordance
with Section 3108.1.7, Florida Building Code, which requires that all signs for
which a permit is required, together with supports, braces, guys, and anchors
shall be kept in repair and, unless of galvanized or non -corroding metal, shall be
painted at least once every two (2) years. Any sign destroyed or damaged
beyond reasonable repair in the determination of the building official, shall be
immediately repaired or removed at the property owner or occupant's expense. A
new sign permit shall be required for any replacement sign. If not repaired or
replaced within thirty (30) days after written notice from the building official, the
sign shall constitute a public nuisance and shall be removed at the property
owner's expense.
(c) Abandoned signs. Signs shall be removed by the owner or occupant within (30)
thirty days of cessation of the business or activity conducted on the property
where the sign is located. A business or activity shall be considered to have
ceased when the premises are vacated, or in the absence of a valid occupational
license or active utility service account. Signs not removed in accordance with
these provisions shall be considered as abandoned and shall be removed at the
property owner's expense.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-42. Prohibited signs and devices.
The following signs and devices shall be prohibited within the City of Atlantic Beach. In
the case of any conflict with other provisions of this Code, the prohibitions set forth below shall
supersede such other conflicting provisions.
(1) Animated signs.
(2) Automatic changeable message device signs, except for signs depicting time and
temperature.
(3) Flashing signs.
(4) Signs containing beacon or tracker lights or similar lighting components.
(5) Signs containing fluorescent colors or materials designed to be mirror-like or
reflective.
(6) Obscene signs.
(7) Roof signs.
(8) Snipe signs.
(9) Portable and mobile signs.
(10) Temporary signs, except as otherwise authorized herein.
(11) Pennants, ribbons, balloons, streamers, wind -operated devices and similar
elements that are intended to draw attention to a business or activity, either when
used alone or incorporated into a sign.
(12) Vehicle signs. (Bumper stickers, decorative decals and the like, customary and
registered logos, trademarks or service marks that are attached to a motorized
vehicle shall not be considered as vehicle signs; however, such vehicles shall not
be parked off of the property from where a business is located or in the required
front yard of any property for the sole purpose of advertising.)
(13) Private signs on any public property, other than as specifically approved by the
city commission.
(14) All signs prohibited by Chapter 479.11, Florida Statutes.
(15) Signs not in compliance with all applicable provisions of this chapter and this
Code.
(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-43-17-50. Reserved.
ARTICLE IV. NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS
Sec. 17-51. Nonconforming signs.
Sec. 17-52. Requests to waive certain terms of this chapter.
Secs. 17-53-17-60. Reserved.
Sec. 17-51. Nonconforming signs.
All signs, which were lawfully in existence and constructed or installed with properly
issued sign permits as of the effective date of these amended regulations, and which are made
nonconforming by the provisions herein shall be allowed to remain in accordance with the
following conditions:
(1) Freestanding signs, permitted pursuant to section 17-29, made nonconforming
upon the initial effective date of these amended regulations, which are not in
compliance only with respect to the minimum required distance of five (5) feet
from any property lines shall be allowed to remain in the existing location
provided that no portion of the sign is located within any publicly owned
right-of-way or utility easement and that no interference with clear sight distance
exists, and further provided that such signs are otherwise in compliance with the
terms of this chapter.
(2) Freestanding signs, permitted pursuant to section 17-29, made nonconforming
upon the initial effective date of these amended regulations, which are not in
compliance with respect only to maximum width, height or size shall be allowed
to remain, provided that such signs are otherwise in compliance with the terms of
this chapter.
Nonconforming signs, including those as described in preceding paragraphs (1)
and (2) shall be made conforming with all provisions of this chapter when any of
the following changes are made:
a. Any change to the structural supports or structural materials, including
temporary relocation associated with routine maintenance of a property.
b. Any change which increases the illumination.
c. Any change which increases the height of a sign.
d. Any change, which alters the material used for the display area or face
area by more than twenty-five (25) percent.
e. Any replacement required as the result of an accidental act or a
weather-related act.
(3)
f. Any replacement of an abandoned sign.
g.
Any change necessary for compliance with Florida Building Code
requirements.
(4) The provisions of this section shall not be construed to apply to signs that are
abandoned, deteriorated, dilapidated, or in a general state of disrepair, or which
are determined to create a hazard to public safety. Such signs shall be subject to
the provisions of section 17-33.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-13, § 2, 3-24-03; Ord. No. 60-11-16, § 1,
10-10-11; Ord. No. 60-14-19, § 1, 11-24-14; Ord. No. 60-15-20, § 1, 6-8-15)
Sec. 17-52. Requests to waive certain terms of this chapter.
Requests to waive terms of this chapter may be made upon specific application to the
city commission, with proper public notice required, provided that no waiver shall be requested
that would allow a prohibited sign, or any otherwise unlawful sign. The applicant requesting
such waiver shall have the burden of demonstrating the need for the requested waiver, and that
the waiver is not in conflict with the intent of this chapter. The terms of any waiver to the
provisions of this chapter shall be established by order of the city commission.
(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-53-17-60. Reserved.
ARTICLE V. SIGN PERMITS
Sec. 17-61. Permit required.
Sec. 17-62. Application.
Sec. 17-63. Calculation of permitted sign size.
Sec. 17-64. Fees.
Sec. 17-61. Permit required.
It shall be unlawful for any person to install, erect, place, alter or relocate any sign
without first obtaining a sign permit with payment of the required fee to the city. Sign permits
shall be required for any sign requiring a permit under the provisions of Section 3108.1.3,
Florida Building Code. A sign permit shall not be issued prior to issuance of the appropriate
occupational license as required for the activity on the property for which the sign permit is
sought, except as set forth in section 17-29(c) of this chapter.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-62. Application.
Before a sign permit shall be issued, a design and stress diagram containing necessary
information to enable the building official to determine compliance with the provisions of Section
3108 of the Florida Building Code shall be submitted. Such information shall be included as part
of the sign permit application and shall be submitted to the City of Atlantic Beach Building
Department using a sign permit application as provided by the city. The application for sign
permit shall contain or have attached thereto the following information:
(1) The name, mailing address and telephone number of the applicant.
(2) If applicable, a copy of a valid and current occupational license for the property
where the sign shall be placed.
In the case that the applicant is not the property owner, an owner's authorization
to apply for a sign permit.
(4) A survey depicting the location of the requested sign(s) and the location of all
structures and access points on the property. An elevation drawing, with
dimensions, depicting the size, height, location and relation to other existing
signs. Plans shall be drawn at a legible scale, depicting materials to be used,
method of construction, attachment or installation as appropriate and type of
illumination, if any.
(5) The name and contractor information of the person erecting or installing the sign.
(6) An electrical permit, if required.
(7) Registered engineer's drawings as may be required by Section 3108, Florida
Building Code.
(8) Such additional information as may be required by the building official to
determine compliance with this chapter, any other applicable laws and
ordinances of the City of Atlantic Beach and the requirements of Section 3108,
Florida Building Code.
(Ord. No. 60-02-12, § 2, 9-9-02)
(3)
Sec. 17-63. Calculation of permitted sign size.
Sign face area, sign display area, width of sign and height of sign shall be calculated as
defined within article I of this chapter. In the case of freestanding, fascia and projecting signs,
the sign face area shall be used in calculating the permitted size of sign. In the case of
marquee, canopy or awning signs, the sign display area shall be used in calculating the
permitted size of the sign.
When computing sign face area and sign display area, only one (1) side of a sign
containing two (2) sides shall be included in the calculation of the permitted sign size.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-64. Fees.
Fees for the issuance of a sign permit shall be determined as follows. (Electrical permits
and required fees shall also be required for signs with electrical components.)
(1) Thirty-two (32) square feet or less of sign display area or sign face area, as
appropriate: Thirty dollars ($30.00).
(2) Larger than thirty-two (32) square feet: An additional ten dollars ($10.00) for each
square foot exceeding thirty-two (32) square feet of sign display area or sign face
area, as appropriate.
(3)
Freestanding signs constructed in accordance with the provisions of section
24-171(d), commercial corridor development standards: Freestanding signs
constructed of a solid material such as wood, masonry or high-density urethane,
and externally -illuminated in a manner that washes the sign in indirect light from
a fluorescent ground source shall be entitled to a fifty (50) percent reduction in
sign permit fees.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03)
Chapter 18 SOLICITATIONS XIi[1]
Sec. 18-1. Definitions.
Sec. 18-2. Permit; registration and fingerprinting required.
Sec. 18-3. Fees.
Sec. 18-4. Regulations and prohibitions.
Sec. 18-5. Posting of "No Solicitation" sign.
Sec. 18-6. Inspection of books and records.
Sec. 18-7. Revocation.
Sec. 18-8. Exceptions.
Sec. 18-9. Penalties.
Sec. 18-1. Definitions.
[The following definitions, when used in this chapter, shall have the meanings ascribed
to them in this section, except where context clearly indicates a different meaning:]
Charitable shall mean of or relating to any benevolent, civic, educational, fraternal,
philanthropic, religious, humane, patriotic, voluntary health or other eleemosynary activity or
cause.
Donation shall mean the act of making a gift or contribution to a charitable activity or
cause, including, but not limited to, contributions of clothing, food, money, pledges, property,
subscriptions or anything else of value.
Person shall mean any individual, firm, partnership, corporation, company, association,
society, organization, trust, group or league.
Solicitation shall mean the request, either directly or indirectly, for any donation or
contribution, including, but not limited to, any oral or written request; the offer or attempt to sell
any article, service, publication, advertisement, subscription, membership or other thing; the
announcement through the press or other media concerning an appeal, drive or campaign to
which the public is requested to make a donation. A solicitation shall be deemed to have taken
place when the request is made, whether or not the person making the request receives any
donation or makes a sale.
Solicitor shall mean any individual who requests, either directly or indirectly, any
donation or contribution, including, but not limited to, any oral or written request, or any
individual who attempts to sell any article, service, publication, advertisement, subscription,
membership or other thing.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-2. Permit; registration and fingerprinting required.
Each and every solicitor, before entering into or upon a residential premises within the
city for the purpose of soliciting, shall register with the city clerk, obtain a permit, and furnish the
city clerk 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 or merchandise offered for sale;
(3) The name and address of the employer or organization represented, if any;
(4) A statement as to whether the applicant has been convicted of any felony or
misdemeanor and, if so, the nature of the offense, when and where convicted
and the penalty or punishment assessed therefor;
(5) A complete set of fingerprints taken by the chief of police or his designee; and
(6) Authorization for a criminal background investigation.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-3. Fees.
A fee of thirty-five dollars ($35.00) to cover the cost of investigation of the applicant and
processing of the application shall be paid to the city clerk when the application is filed and shall
not be returnable under any circumstances. In addition to the aforementioned fee, each solicitor
shall be required to pay for a solicitor's permit as provided in section 20-59 of the City Code.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-4. Regulations and prohibitions.
(a) While engaged in soliciting in or upon residential premises, each solicitor shall
carry and prominently display the permit issued by the city clerk which shall
contain the name, address and telephone number of the solicitor, as well as the
name of the person or organization for whose benefit or on whose behalf the
solicitor is acting.
(b) No solicitor shall in any way unlawfully obstruct, delay or interfere with the free
movements of any person against that person's will or seek to coerce or
physically disturb any other person.
(c) No solicitor shall in any way unlawfully obstruct, delay or interfere with vehicular
traffic within the city.
(d) No solicitor shall solicit door-to-door at any residence between the hours of
sunset and 9:00 a.m.
No solicitor shall solicit, except under the conditions permitted, if permit required,
by section 18-2.
It shall be unlawful to solicit at, nor enter upon, any premises within the city
where a "No Solicitation" sign is posted in accordance with the provisions of this
subchapter, unless otherwise invited onto the premises for that purpose.
It is unlawful for any person in connection with the planning, conduct or execution
of any solicitation to:
(1) Make misrepresentations or misleading statements to the effect that any
other person or organization sponsors or endorses such solicitation,
approves of its purpose, or is connected therewith, when that person or
organization has not given written consent to the use of its name.
(2) Represent that the contribution is for or on behalf of an organization or
sponsor or to use any emblem, device or printed matter belonging to or
associated with an organization or sponsor, without first being authorized
in writing to do so by the organization or sponsor.
Use a name, symbol, emblem, device, service mark or statement so
closely related or similar to that used by another organization or sponsor
that the use thereof would mislead the public.
(4) Falsely state that the person is a member of or a representative of an
organization or sponsor, or falsely state or represent that the person is a
member of or represents a law enforcement or emergency service
organization.
Misrepresent or mislead anyone by any manner, means, practice or
device whatsoever to believe that the person or organization on whose
behalf the solicitation or sale is being conducted is a charitable
organization or sponsor, or that any of the proceeds of the solicitation or
sale will be used for charitable or sponsor purposes, if that is not the fact.
(6) Represent that a charitable organization or sponsor will receive a fixed or
estimated percentage of the gross revenue from a solicitation campaign
greater than that identified in any filings required under Chapter 496,
Florida Statutes, or that a charitable organization or sponsor will receive
an actual or estimated dollar amount or percentage per unit of goods or
services purchased or used in the charitable or sponsor sales promotion
that is greater than that agreed to by the commercial coventurer and the
charitable organization or sponsor.
Use or exploit the fact of registration or the filing of any report with any
governmental agency so as to lead any person to believe that such
registration in any manner constitutes an endorsement or approval by the
state.
(3)
(5)
(7)
(8) Make misrepresentations or misleading statements to the effect that a
contribution or the display of any sticker, emblem or insignia offered to
contributors will entitle such other person to any special treatment by
emergency service employees or law enforcement officers in the
performance of their official duties.
(9)
Solicit contributions from another person or organization while wearing
the uniform of an emergency service employee or law enforcement
officer, or while on duty as an emergency service employee or law
enforcement officer, except where the solicitation is for an organization
exempt from federal income tax under s.501(c)(3) of the Internal Revenue
Code or except when soliciting contributions to benefit an emergency
service employee or law enforcement officer who has been injured in the
line of duty or to benefit the family or dependents of an emergency
service employee or law enforcement officer who has been killed in the
line of duty.
(10) Solicit contributions on behalf of another person or organization using any
statement that the failure to make a contribution shall result in a reduced
level of law enforcement services being provided to the public or the
person solicited.
(11) Employ in any solicitation any device, scheme or artifice to defraud or to
obtain a contribution by means of any deception, false pretense,
misrepresentation or false promise.
(12) Notify any other person by any means, as part of an advertising scheme
or plan, that the other person has won a prize, received an award or has
been selected or is eligible to receive anything of value if the other person
is required to purchase goods or services, pay any money to participate in
or submit to a promotion effort.
(13) Fail to provide complete and timely payment of the proceeds from a
solicitation campaign to a charitable organization or sponsor organization.
(14) Fail to apply contributions in a manner substantially consistent with the
solicitation.
(15) Fail to identify his professional relationship to the person for whom the
solicitation is being made.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-5. Posting of "No Solicitation" sign.
Any person in possession or in charge of any premises within the city who desires to
remain undisturbed by the visit of uninvited solicitors may post or place in a conspicuous place
near or at the entrance of the premises a sign containing the words "No Solicitation" or a
substantially similar message in letters easily read by a person approaching the premises.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-6. Inspection of books and records.
Upon request of the city clerk, the holder of a permit shall make available for inspection,
by any agent of the city, all books, records and papers pertaining to the registered solicitation at
any reasonable time while the permit is in effect or after it has expired.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-7. Revocation.
The city clerk or his or her designated agent shall revoke any permit issued under this
article if he or she finds that the permittee has given false information or has knowingly withheld
information in obtaining same or upon violation of any portion of this chapter.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-8. Exceptions.
The provisions of subsections 18-2(4), (5), and (6), and section 18-3 shall not apply to:
(1) Any person who visits any residence or apartment at the request or invitation of
the owner or occupant thereof;
(2) Unpaid members of any civic or charitable organization who are registered as
such with the city clerk and the names of the solicitors have been listed as such
members and the organization has provided each person listed with an approved
means of identification with the organization represented;
Newsboys soliciting subscriptions to any newspaper for home delivery within the
city;
(4) Route deliverymen who make deliveries to regular customers and whose
solicitation is only incidental to their regular deliveries;
Solicitors or agents of life or other insurance companies who hold a license
issued by the insurance commissioner of the state; and
(6) Any charitable, religious, fraternal, youth, civic, service or other organization
when the organization makes occasional sales or engages in fundraising projects
when the projects are performed exclusively by the members thereof and when
the proceeds derived from the activities are used exclusively in the charitable,
religious, fraternal, youth, civic and service activities of the organization.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
(3)
(5)
Sec. 18-9. Penalties.
Any person violating any of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine not exceeding five hundred dollars ($500.00) or by imprisonment not
exceeding ninety (90) days, or both.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Chapter 19 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES "I"[1]
Sec. 19-1. Obstructing free passage prohibited; exception.
Sec. 19-2. Digging up streets prohibited; exception as to public utilities; permit required of
public utilities.
Sec. 19-3. Closing of streets for various events.
Sec. 19-4. Special events.
Sec. 19-5. Intersections: sight distance requirements and safety zones.
Sec. 19-6. Traffic calming devices.
Sec. 19-7. Construction of driveways in rights-of-way.
Sec. 19-8. Utility rights-of-way.
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)
Loitering in, obstructing, etc., streets, public places, etc., § 13-2.
Obstruction of public streets, highways and roads, F.S. § 316.2045.
Sec. 19-2. Digging up streets prohibited; exception as to public utilities; permit required
of public utilities.
No person shall dig into, remove, tear up, deface or damage in any manner whatsoever,
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)
Sec. 19-3. Closing of streets for various events.
The city manager is authorized to close streets for various events. The city manager will
discuss any such closing of streets with the police chief and notify the city commission begore
authorization is given. An organization desiring to close a street for an event shall first procure
from the city manager a permit for such an event.
(Ord. No. 65-93-22, § 1, 1-25-93)
Sec. 19-4. Special events.
All special events which are held on public property must adhere to the following rules
and regulations:
(1) All special events taking place on public property must have a permit from the
city manager before any such events take place. The city manager may attach to
the permit those requirements he may deem necessary to protect the public and
city's interest.
(2) All parties interested in staging a special event must provide insurance for the
event in amounts set by the city manager. The [parties staging such] event may
be required to take out additional insurance naming the city as the beneficiary.
(3) All parties staging an event may be subject to a performance bond set by the city
manager to insure [that] the City Ordinance Code and permit requirements are
upheld by the event.
(4) All requirements set by the city manager as part of his written approval of the
event must be upheld by the event. Failure to do so may result in a closing of the
event by the public safety director or the police chief.
(5) All special events permitted by the city manager must be sponsored by a
nonprofit corporation for a charitable purpose. Any special event to be held by a
for-profit corporation must have prior approval by the city commission.
(6) Before any request for a special event is permitted, those responsible for the
event must fill out an application form available through the city recreation
department.
(7) All financial information and records which may be related to the event will be
made available to the city finance director for his or her review.
(8) All parties staging a special event are required to abide by the City Code and the
Florida Statutes. Failure to do so will require the event to be cancelled.
(9) No sales of any kind will be permitted on the ocean beach area.
(Ord. No. 95-96-67, § 1, 6-10-96)
Sec. 19-5. Intersections: sight distance requirements and safety zones.
(a) Sight distance requirements. For purposes of this section, defined intersection
shall mean any intersection, which has a city -owned or maintained road, street,
or any other roadway, as one of the roadways comprising the intersection.
Excluded from this definition is any intersection where there is a required stop
condition (multiway stop, traffic signal, or continual flashing red light) for each
roadway traffic lane entering an intersection. Unobstructed and clear sight
distance shall be maintained as depicted within figures 1-3 [following this
section], in accordance with the designated travel speed of streets, and as further
set forth within the following provisions. To ensure clear sight distance and
adequate visibility at defined intersection, the owners or occupants of private real
property shall be prohibited from any of the following, which may obstruct a
driver's view of approaching traffic at such intersections:
(1) Plant or permit the growth of shrubbery or any other vegetation within the
city right-of-way higher than thirty (30) inches above the established
grade of the right-of-way; or
(2) Allow tree branches to extend below the height of ten (10) feet above the
established grade of the right-of-way; or
Allow any berm, wall or other structure to be erected, placed, or continue
to exist within the city right-of-way.
(3)
(b) Safety zones. For purposes of this section, safety zone shall be defined as an
unobstructed area along the edge of the roadway intended for the recovery of
errant vehicles, and also the edge of sidewalks or designated pathways intended
to provide for a safe area that is free of obstructions, which may create hazards
for pedestrians, bicycles or vehicles.
(1) Within rights-of-way. A safety zone extending two (2) feet from the edge
of the roadway pavement or the edge of a sidewalk or pathway, as
applicable, shall be maintained.
(2) Within private property. On any private property, no landscaping or
vegetation other than lawn grass, and no property border, berm, retaining
wall edging, timbers, posts or other type of obstruction shall be
constructed, placed, or permitted to remain within two (2) feet of the edge
of the roadway pavement or edge of sidewalk, or in any location that
creates an obstruction or hazard to pedestrians, bicyclists or vehicles.
Cause for removal of obstructions within safety zones. Upon finding by
the director of public safety that any obstruction or hazard exists within
safety zones, the obstructions shall be immediately removed by order of
the police department. The city shall have the right to remove any trees,
shrubbery, vegetation, berms, walls, fences, structures or other objects in
violation of this section, with or without prior notice. Removal costs shall
be charged to the owner, occupant or representative in an amount equal
to the city's costs incurred, plus a charge of one hundred (100) percent of
said costs to cover the city's administrative expenses.
(4) Waiver to safety zones restrictions. Upon written request, accompanied
by a site plan, the director of public safety shall have the authority [to]
waive the preceding restrictions, upon finding that no obstruction or
hazard to pedestrians, bicyclists or vehicles will be created.
(Ord. No. 65-03-32, § 1, 4-14-03; Ord. No. 65-04-33, § 1, 9-13-04)
(3)
FIGURE 1
RESTRICTED SIGHT ZONES AT INTERSECTIONS WITHIN 15 MPH SPEED ZONES
15 MPH restricted sight zone
FIGURE 2
I®
6Q' ®I 46
80' 90'
RESTRICTED SIGHT ZONES AT INTERSECTIONS WITHIN 20 MPH SPEED ZONES
RESTRICTED SIGHT ZONES AT INTERSECTIONS WITHIN 25 MPH SPEED ZONES
20 MPH restricted sight zone
® b
25 MPH restricted sight zone
Sec. 19-6. Traffic calming devices.
The city commission shall take no action on the installation of any traffic calming
devices, such as speed bumps or stop signs, unless:
(1) The police department, or such other person as directed by the director of public
safety, has conducted proper research and declared the area where such
devices are requested to be installed a "traffic safety hazard area"; and
(2) The installation of such devices is expected to correct the situation in said area.
(Ord. No. 75-03-15, § 1, 6-9-03)
Editor's note—
Ord. No. 75-03-15, § 1, adopted June 9, 2003, enacted provisions intended for use as §
19-5. As § 19-5 was already in use at the time of codification, these provisions
have been codified herein as a new § 19-6.
Sec. 19-7. Construction of driveways in rights-of-way.
The construction of a new driveway in the city's right-of-way, or the modification of an
existing driveway in a right-of-way, shall require a construction permit within city rights-of-way
and easements. Said permit shall be issued subject to the following requirements:
(a) The proposed driveway shall not create more than fifty (50) percent impervious
area within the right-of-way.
(b) Any permit issued shall be a revocable encroachment permit if any nonstandard
driveway materials (i.e., pavers) are installed in the right-of-way. If the city is
required to do any utility or other work or repairs in a right-of-way which damages
such nonstandard materials, the homeowner shall be responsible for repairs
necessary to the materials.
(c) Any construction within the city's rights-of-way shall not adversely affect or
restrict public parking in the rights-of-way.
(d) No parking aprons shall be allowed in the city's rights-of-way along arterial
(through) streets listed in city Code subsection 21-17(h).
(e) Any improvements in the city's rights-of-way that are not part of a driveway or
sidewalk shall be constructed of turf block or other pervious material.
Maximum driveway width at the property line and through the right-of-way shall
be twenty (20) feet. Maximum driveway width for circular drives shall be twelve
(12) feet, and circular drives shall only be permitted on lots having at least one
hundred -foot frontage.
Maximum driveway width at the property line and through the right-of-way for
duplexes on a fifty -foot lot shall be a combined width for both driveways of
twenty-four (24) feet.
(h) Driveways that cross sidewalks. City sidewalks may not be replaced with other
materials, but must be replaced with smooth concrete left natural in color so that
it matches the existing and adjoining sidewalks.
(Ord. No. 65-05-34, § 1, 8-8-05)
(f)
(g)
Sec. 19-8. Utility rights-of-way.
(a) Short title. This section shall be known and may be cited as the "city utility
rights-of-way ordinance."
(b) Intent and purpose. It is the intent and purpose of the city to promote the public
health, safety, and general welfare by: providing for the placement or
maintenance of utility facilities, including communications facilities, in the public
rights-of-way within the city; adopting and administering reasonable rules,
regulations, and policies not inconsistent with federal and state laws including
F.S. § 337.401, (2000), as amended, the city's home -rule authority, and in
accordance with the provisions of the Federal Telecommunications Act of 1996
and other federal and state laws; establishing reasonable rules, regulations, and
policies necessary to manage the placement or maintenance of utility facilities in
the public rights-of-way by all utility service companies and providers; and
minimizing disruption to the public rights-of-way.
(c) Definitions. For purposes of this section, the following terms, phrases, words, and
their derivations shall have the meanings given. Where not inconsistent with the
context, words used in the present tense include the future tense, words in the
plural number include the singular number, and words in the singular number
include the plural number. The words "shall" and "will" are mandatory, and the
word "may" is permissive. Words not otherwise defined shall be construed to
mean the common and ordinary meaning.
Abandonment shall mean the permanent cessation of all uses of a utility facility;
provided however, that this term shall not include cessation of all use of a facility within a
physical structure where the physical structure continues to be used. By way of example, and
not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be
used, shall not be abandonment of a facility in public rights-of-way.
City shall mean Atlantic Beach, Florida.
Communications facility or facility or system shall mean any permanent or temporary
plant, equipment, and property including, but not limited to cables, wires, conduits, ducts, fiber
optics, poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface
location markers, appurtenances, and other equipment or pathway placed or maintained, or to
be placed or maintained, in the public rights-of-way of the city and used, or capable of being
used, to transmit, convey, route, receive, distribute, provide, or offer communications services.
Communications services shall mean the transmission, conveyance, or routing of voice,
data, audio, video, or any other information and signals to a point, between points, or among
points by or through any electronic, radio, satellite, cable, optical, microwave, or other medium
or method now in existence or hereafter devised, regardless of the protocol used for such
communication, transmission, or conveyance. Notwithstanding the foregoing, for purposes of
this section "cable service," as defined in F.S. § 202.11(2), (2000), as amended, is not included
in the definition of "communications services," and cable service providers shall be subject to
ordinances of the city.
Facility shall mean any noncity-owned permanent or temporary plant, equipment and
property, including but not limited to gas, electric, communications, water, sewer and other
types of facilities, cables or conduit, ducts, fiber optics, poles, antennae, converters, splice
boxes, cabinets, hand holes, manholes, vaults, surface location markers, appurtenances, and
other equipment, construction, or pathway placed or maintained or to be placed or maintained in
rights-of-way of the city.
FCC shall mean the Federal Communications Commission.
In public rights-of-way or in the public rights-of-way shall mean in, on, through, over,
under, or across the public rights-of-way.
Ordinance shall mean the ordinance [from which this section derives].
Person shall include any individual, children, firm, association, joint venture, partnership,
estate, trust, business trust, syndicate, fiduciary, corporation, organization, or legal entity of any
kind, successor, assignee, transferee, personal representative, and all other groups or
combinations.
Place or maintain or placement or maintenance or placing or maintaining shall mean to
erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, or
relocate. A utility services company or provider that owns or exercises physical control over
communications facilities in public rights-of-way, shall be considered as "placing or maintaining"
the facilities. A person providing communication service only through resale or only through use
of a third party's unbundled network elements is not "placing or maintaining" the
communications facilities through which such service is provided.
Public rights-of-way shall mean a dedicated public right-of-way, highway, roadway,
street, bridge, tunnel, or alley for which the city has authority, jurisdiction, control, and may
lawfully grant access pursuant to applicable law and includes the surface, the air space above
the surface, and the area below the surface. Public rights-of-way shall not include private
property. Public rights-of-way shall not include any real or personal property of the city, except
as described herein and shall not include the city's parks or other non- rights-of-way open
spaces, buildings, fixtures, poles, conduits, facilities, structures, appurtenances, or
improvements regardless of whether they are situated within or without the public rights-of-way.
Public rights-of-way shall not include existing and future private easements, private
rights-of-way, leases, contracts, or agreements between the city and any other party or entity.
Registrant shall mean a utility services company and provider registered with the city in
accordance with the provisions of this section.
Registration or register shall mean the process described in this section whereby a utility
services company and provider performs certain duties and provides certain information to the
city.
Utility services company and provider shall mean any person, including a city or state,
providing utility services through the placement or maintenance of any facilities in public
rights-of-way. "Utility services company and provider" shall also include any person, including a
city or state, that places or maintains facilities in public rights-of-way, but does not provide public
utility services. "Utility services company and provider" shall also include any contractors and
subcontractors of any person, including a city or state.
(d) Registration.
(1) A utility services company or provider that desires to place or maintain a
facility in public rights-of-way in the city shall first register with the city in
accordance with this article. Subject to the terms and conditions
prescribed in this section, a registrant may place and maintain facilities in
public rights-of-way. A company or provider already covered by an
existing franchise agreement with the city shall also be required to
register hereunder.
(2) The act of registration shall not convey any title, equitable or legal, to the
registrant in the city's public rights-of-way. Registration under this article
embodies only the placement or maintenance of facilities in public
rights-of-way. Registration does not excuse a utility services company or
provider from obtaining appropriate and required access or pole
attachment agreements before locating facilities on the city's facilities or
another person's facilities. Registration does not excuse a utility services
company or provider from complying with all applicable city ordinances,
codes, or regulations including this section or payment of all applicable
franchise fees or taxes.
(3)
Each utility services company or provider that desires to place or maintain
a facility in public rights-of-way in the city shall file a registration with the
city which shall include the following information:
a. Name of the applicant;
b. Name, address, email address, and telephone number of the
applicant's primary contact person in connection with the
registration, and the name, address, email address, and telephone
number of the person to contact in case of an emergency;
c. Evidence of the insurance coverage required under this section
and acknowledgment that applicant has received and reviewed a
copy of this section; however, the acknowledgment of the receipt
of this section shall not be deemed an agreement;
d. The applicant's certificate of authorization or license number to
provide utility services issued by the state public service
commission, the Federal Communications Commission, or other
federal or state authority, if any, having jurisdiction; and
e. For an applicant that does not provide a state public service
commission certificate of authorization number, if the applicant is
a corporation, proof of authority to conduct business in the state. A
certificate number from, or filing with, the Florida Department of
State will be acceptable.
(4) The city shall review the information submitted by the applicant. Such
review shall be conducted by the city manager or the city manager's
designee. If the applicant submits information in accordance with this
article, the registration shall be effective and the city shall notify the
applicant in writing of the effectiveness of the registration. If the city
determines that the information has not been submitted in accordance
with this article, the city shall notify the applicant in writing of the
non -effectiveness of the registration, and reasons for the
non -effectiveness. The city shall notify an applicant within thirty (30)
calendar days after receipt of the registration information from the
applicant. Noneffectiveness of registration shall not preclude an applicant
from filing subsequent applications for registration.
A registrant may cancel a registration upon written notice to the city
stating that registrant will no longer place or maintain any facilities in
public rights-of-way within the city and registrant will no longer require
permits to perform work in public rights-of-way. A registrant shall not
cancel a registration if the registrant continues to place or maintain any
facilities in public rights-of-way.
(6) Registration does not establish a right or provide authority to place and
maintain or establish priority for the future placement or maintenance of
facilities in public rights-of-way within the city, but shall establish for the
registrant, a right to apply for a permit from the city. Registrations are
expressly subject to any future amendment to or replacement of this
article and further subject to any new or existing city laws, as well as any
new or existing federal or state laws, rules, and regulations which may be
enacted or which have been enacted.
(5)
(7)
A registrant shall renew its registration with the city by the first day of April
of even -numbered years in accordance with the registration requirements
in this section, except that a registrant that initially registers during the
even numbered year when renewal would be due or the odd numbered
year immediately preceding such even numbered year shall not be
required to renew until the next even numbered year. Within thirty (30)
calendar days of any change in the information required herein; a
registrant shall provide updated information to the city. If the information
in the then -existing registration has not changed, the renewal may
provide that no information has changed. Failure to renew a registration
may result in the city restricting the issuance of additional permits until the
utility services company or provider has complied with the registration
requirements of this article.
(8) In accordance with applicable city ordinances, codes, regulations, or
policies a permit shall be required of a utility services company or
provider that desires to place or maintain a facility in public rights-of-way.
An acceptable and approved registration shall be a condition precedent to
requesting and obtaining a permit. Notwithstanding an acceptable and
approved registration, permitting requirements shall apply; however, at
the discretion of the city manager or his/her designee, a blanket permit
may be approved for routine maintenance as specified in such blanket
permit or may be waived for minor types of routine maintenance. If such
optional blanket permit or waiver results in practices by a registrant that
violate the intent of this section to provide restoration in a timely,
appropriate manner, the blanket permit or waiver may be rescinded. A
permit may be obtained by a registrant having an acceptable and
approved registration if all permitting requirements are met.
(e) Notice of transfer, sale or assignment of assets. If a registrant transfers, sells, or
assigns the assets located in public rights-of-way or incident to a transfer, sale,
or assignment of the registrant's assets the transferee, the buyer, or the assignee
shall be fully obligated to comply with the terms of this section and any franchise
agreement that may be in place. Written notice of any such transfer, sale, or
assignment shall be provided by such registrant to the city within twenty (20)
calendar days after the effective date of the transfer, sale, or assignment. If the
transferee, buyer, or assignee is a current registrant then the transferee, buyer,
or assignee may not be required to re -register. If the transferee, buyer, or
assignee is not a current registrant, then the transferee, buyer, or assignee shall
register as provided herein within thirty (30) calendar days of the transfer, sale, or
assignment. If permit applications are pending in the registrant's name the
transferee, buyer, or assignee shall notify the city that the transferee, buyer, or
assignee is the new applicant.
(f)
Placement or maintenance of facilities.
(1) A registrant shall, at all times, comply with and abide by all applicable
provisions of federal and state laws, regulations, rules and the city
ordinances, codes, regulations, and policies in placing and maintaining
facilities in public rights-of-way.
(2) A registrant shall not commence to place or maintain facilities in public
rights-of-way until all applicable permits, if any, have been issued by the
city and other appropriate authorities. Registrant acknowledges and
accepts that, as a condition of granting any permits, the city may impose
reasonable rules, regulations, and policies governing the location,
placement, and maintenance of facilities in public rights-of-way. A permit
will not be required for restoration of interrupted service to an existing
customer. Registrant will inform the public works department as soon as
possible, not to interfere with restoration. If roadway or sidewalk cuts are
required, public works must be informed not later than the beginning of
the next business day, or at the end of restoration following a major storm
event.
(3) If a registrant chooses to use a sub -contractor as permitting agent, any
application submitted by the agent must include contact information for
the registrant supervisor in charge.
(4) As part of the permit application to place a new or replace or maintain an
existing facility in public rights-of-way, the registrant shall provide not less
than the following:
a. A description of the location of the proposed facilities including a
narrative description and a scaled pictorial drawing of the facilities
to be installed, where the facilities are to be located, and the size
of facilities to be located in public rights-of-way; and
b. A description of the construction methods or techniques which will
be used to install the facilities; and
c. A maintenance plan for disruption of traffic; and
d. A statement concerning the ability of the public rights-of-way to
accommodate the proposed facility; and
e. An estimate of the cost of and schedule for the restoration to the
public rights-of-way; and
f. A timetable for project construction and each phase thereof, and
the areas within the city which will be affected; and
If installation will be conducted using horizontal directional drilling
or trenchless technology other than pipe lining, procedures to
ensure existing underground utilities are not damaged by
construction (such as JEA Water and Sewer Standards Section
750 Section 1.9.2) must be approved by the public works director.
Standard procedures previously approved by the public works
director may be referenced rather than included with the
application.
h. Such additional information as the city finds necessary with
respect to the placement or maintenance of the facility that is the
subject of the permit application.
(5) To the extent not otherwise prohibited by federal or state laws, the city
shall have the power to prohibit or limit the placement of new or additional
facilities within particular areas of all public rights-of-way.
(6) All facilities shall be placed and maintained so as not to interfere with the
use of the public rights-of-way by the public and with the rights and
convenience of property owners who adjoin the public rights-of-way. The
use of trenchless technology, joint trenching, and co -locating of facilities
in existing conduit in the public rights-of-way is strongly encouraged and
g.
shall be employed when feasible. In all cases where a road has been
resurfaced within the past five (5) years, installation of new facilities or
repair of existing facilities shall be done without cutting the paved road
surface, unless otherwise specifically approved by the public works
director. Protection of existing trees shall be a requirement for all new
facilities and repair of existing facilities. The city manager or the city
manager's designee may promulgate rules, regulations, and policies
concerning the placement and maintenance of facilities in public
rights-of-way consistent with this article and other applicable federal and
state laws.
(7) All safety practices required by applicable municipal, state, and federal
laws or accepted industry practices and standards, shall be used during
the placement or maintenance of facilities in public rights-of-way.
(8) After the completion of any placement or maintenance of a utility facility in
public rights-of-way or each phase thereof, the registrant shall at the
registrant's expense, restore the public rights-of-way to the original
condition, or superior to the original condition, which existed before such
placement or maintenance. If the registrant fails to complete the
restoration within thirty (30) calendar days, following the completion of
such placement or maintenance, the city may perform the restoration and
charge the total costs of the restoration to the registrant in accordance
with F.S. § 337.402, (2000), as amended. For twelve (12) calendar
months following the original completion date of the work, the registrant
shall guarantee the restoration work and shall correct, at the registrant's
expense, any restoration work which does not satisfy the requirements of
the city, with the exception of guaranteeing landscaping. A registrant shall
provide for restoration using city standard materials and will not replace
specialty items such as pavers or other hardscaping that may have been
installed by an adjacent property owner. If specialty items will be
impacted by work, registrant shall insure care is taken to minimize impact.
For installations or maintenance which impact public use of the
right-of-way in any fashion, repairs shall be expedited. Full access shall
be restored within two (2) working days, unless specifically allowed
additional time by the public works director, or his/her designee.
Where placement of new facilities includes installation of significant
equipment cabinets or junction boxes, the public works director, at his
option, may require installation of a landscape buffer. Plants for this
buffer, if required, shall be consistent with adjacent landscaping and shall
use plants meeting the Florida Friendly standard and will be approved by
the public works director.
(10) Removal or relocation, at the direction of the city of a registrant's existing
facility in public rights-of-way, shall be governed by the provisions of F.S.
§ 337.403 and § 337.404 (2000), as amended. A failure to remove or
relocate facilities as directed which results in a construction delay in an
ongoing city project, will result in the utility owner paying any delay costs
assessed to the city by the contractor, provided the notification
requirements of F.S. § 337.403(2) have been met. Registrants shall
respond to utility coordination requests from the city or consultant under
(9)
contract to the city fully and in a timely manner, generally within two (2)
weeks of request.
(11) An approved permit from the city shall constitute authorization to
undertake only certain activities in public rights-of-way in accordance with
this article, and the permit does not create a property right or grant
authority to impinge upon the rights of others who have an interest in the
public rights-of-way.
(12) A registrant shall maintain its facility in public rights-of-way in a manner
consistent with accepted industry practice and applicable law.
(13) In connection with excavation in the public rights-of-way, a registrant shall
where applicable, comply with the Underground Facility Damage
Prevention and Safety Act set forth in F.S. Ch. 556, (2000), as amended.
(14) A registrant shall use and exercise due caution, care, and skill in
performing work in the public rights-of-way and shall take all reasonable
and necessary steps to safeguard the entire work area and the general
public. Locate flags or other temporary markers, other than paint, used to
mark existing facilities in the right-of-way, whether placed by the utility
doing the work or by a central contractor, shall be removed by the utility
requesting the locates when work requiring the marking is completed or
when marking is no longer valid, as defined in F.S. § 556.107(3) (i.e.,
after thirty (30) days).
(15) Upon request of the city, and as notified by the city of the other work,
construction, installation, or repairs, a registrant may be required to
coordinate all placement and all maintenance activities with any other
work, construction, installation, or repairs which may be occurring, or
scheduled to occur, in public rights-of-way. A registrant may be required
to alter an installation and maintenance schedule to minimize disruptions
and disturbance in the public rights-of-way.
(16) A registrant shall not place or maintain facilities which interfere with,
displace, damage, or destroy other facilities including, but not limited to,
sewer mains, gas mains, water mains, electric facilities, stormwater
drains, pipes, cables, conduits, and all other facilities occupying the public
rights-of-way.
(17) The city makes no expressed or implied warranties or representations
regarding the fitness, suitability, or availability of the city public
rights-of-way for the registrant's facilities and any performance of work,
costs incurred, or services provided by registrant shall be at registrant's
exclusive risk. Nothing in this article shall affect the city authority to add,
increase, vacate, or abandon public rights-of-way, and the city makes no
expressed or implied warranties or representations regarding the
availability of any added, increased, vacated, or abandoned public
rights-of-way for facilities.
(18) The city shall have the right and authority to make any inspections, at any
time, of facilities placed or maintained in public rights-of-way as the city
determines necessary to ensure compliance with this article. Additionally,
the city shall have the right and authority to require utilities to repair or
replace damaged surface mounted facilities such as junction boxes or pull
terminals. Such requirement will be communicated to the appropriate
utility by the public works director.
(19) A permit application to place a new or maintain an existing facility in
public rights-of-way shall include plan and profile drawings which show
the actual location of the facilities in the public rights-of-way. If the
drawings require revision based upon actual installation, the registrant
shall promptly provide the revised as -built drawings to the city. The
drawings shall be in a hard copy format and an electronic format specified
by the city. All such drawings, data and information shall be provided at
no cost to the city.
(20) The city reserves, without limitation, the exclusive right to place, maintain,
and permit to be placed or maintained, all sewer, gas, water, electric,
stormwater drainage, communications, all other types of facilities, cables,
or conduits and to do, and to permit to be done, any underground and
overhead installations or improvements which may be deemed necessary
or proper by the city in public rights-of-way that may be occupied by a
registrant. The city further reserves, without limitation, the exclusive right
to alter, change, or cause to be altered or changed the grading,
installation, relocation, or width of the public rights-of-way within the limits
of the city and within said limits as the limits may, from time to time, be
altered.
(21) A registrant shall, upon request of any person holding a permit issued by
the city, temporarily adjust any facilities to allow for work authorized by
other permits. The expense of such temporary adjustments of facilities
shall be paid by the person requesting the adjustment and the registrant
shall have the right to request such payment of expense in advance. If the
city requests temporary or permanent adjustments of a registrant's
existing or proposed facilities to allow for work to be done by the city, its
contractors, or its agents, however, all expenses and costs related to the
adjustments of the registrant's temporary or permanent facilities, shall be
the responsibility of and shall be paid by the registrant. The registrant
shall be given not less than thirty (30) calendar days advance written
notice to such temporary or permanent adjustments.
Suspension of permits. The city shall have the exclusive authority to suspend or
revoke a permit for any work in the public rights-of-way for due cause and for one
(1) or more of the following reasons:
(1) Violation of permit conditions including any conditions set forth in the
permit, this section, or other applicable city ordinances, codes, policies,
rules or regulations governing placement or maintenance of facilities in
public rights-of-way; and
(2) Misrepresentation or fraud by registrant in a registration or permit
application to the city; or
Failure to properly renew a registration or ineffectiveness of a registration;
(3)
or
(4) Failure to relocate or remove facilities as required by the city. The city
manager or the city manager's designee may provide a notice and the
opportunity for a registrant to cure any violation or failure described
herein.
(h) Involuntary termination of registration.
(1) The city may terminate a registration for due cause, reason, and for one
(1) or more of the following:
a. Federal or state authority suspends, denies, or revokes a
registrant's certification or license to provide communication or
utility services; or
b. The registrant's placement or maintenance of facilities in the
public rights-of-way presents a danger to the general public or
other users of the public rights-of-way and the registrant fails to
remedy the danger promptly after receipt of notice; or
c. The registrant ceases to use all of the facilities in public
rights-of-way or has not complied with the requirements of this
section.
(2) Prior to termination, the registrant shall be notified by the city manager or
the city manager's designee, by a written notice which sets forth all
pertinent matters to the proposed termination action and describing the
intended action of the city. The registrant shall have thirty (30) calendar
days after the date of such notice to eliminate the reasons for the
termination. In the event the registrant has not eliminated the reasons for
the notice of termination at the end of the thirty (30) calendar day period,
the termination shall be final.
(3)
In the event of termination, a former registrant shall: (1) notify the city of
any anticipated assumption by another registrant of ownership of the
terminated registrant's facilities in public rights-of-way; and (2) provide the
city with an acceptable plan for disposition of its facilities in public
rights-of-way. If a terminated registrant fails to comply with this section,
the city may exercise any remedies or rights it has at law or in equity
including, but not limited to, taking possession of the facilities when
another person has not assumed ownership or physical control of the
facilities or requiring the registrant, within ninety (90) calendar days of the
termination or such period as may be agreed to by the registrant, to
remove part or all of the facilities from the public rights-of-way and restore
the public rights-of-way to the original condition. All expenses incurred by
the city or its agents to remove part or all of the facilities and to restore
the public rights-of-way to the original condition shall be paid by the
registrant.
(4) A terminated registrant shall take all steps necessary to render safe every
portion of the facilities remaining in the public rights-of-way of the city.
(5) In the event of termination of a registration, this section does not
authorize the city to remove or cause the removal of facilities used to
provide another service for which the registrant or another person who
owns or exercises physical control over the facilities holds a valid
(i)
certification or license with the governing federal or state agency, if
required for provision of such service, and is also registered with and
holds a valid permit issued by the city.
Existing facilities in public rights-of-way. A utility services company or provider
with an existing facility in the public rights-of-way of the city shall have ninety (90)
calendar days from the effective date of this section to comply with the terms of
this section including, but not limited to registration, or shall be in violation of this
section.
(j) Insurance.
(1) A registrant shall provide, pay for, and maintain satisfactory to the city,
not less than the types and coverage limits of insurance described herein.
All insurance shall be from and issued by responsible companies duly
authorized to conduct business in the state and having a rating
acceptable to the city. All liability policies shall provide that the city is an
additional insured as to the activities under this section. The required
coverages must be evidenced by properly executed certificates of
insurance forms. The certificates must be signed by the authorized
representative of the insurance company and shall be filed and
maintained annually with the city. Thirty (30) calendar days advance
written notice by certified mail or facsimile, as determined by the city,
must be given to the city of any cancellation, intent of cancellation, intent
not to renew, or reduction in the types of policies or coverage limits. The
insurance requirements may be satisfied by evidence of self-insurance or
other types of insurance acceptable to the city as approved by the city
manager.
(2) The types of coverage and limits of coverage of insurance required shall
not be less than the following:
a. Worker's compensation and employer's liability insurance.
Worker's compensation—Florida Statutory requirements.
Employer's liability.
One million dollar ($1,000,000.00) limit each accident.
One million dollar ($1,000,000.00) limit each employee.
b. Comprehensive general liability.
Bodily injury and property damage.
Two million dollar ($2,000,000.00) combined single limit each occurrence.
c. Automobile liability.
Bodily injury and property damage.
Two million dollar ($2,000,000.00) combined single limit each accident.
(k) Indemnification.
(1) A registrant shall, at the registrant's cost and expense indemnify, hold
harmless, and defend the city its officials, boards, members, agents,
contractors, and employees against any and all claims, suits, causes of
action, proceedings, judgments for damages or equitable relief, costs,
and expenses incurred by the city arising out of the placement or
maintenance of utility systems or facilities in public rights-of-way, whether
placed by the registrant or a contractor or subcontractor to the registrant,
regardless of whether the act or omission is authorized, allowed, or
prohibited by this section provided, however, that a registrant's obligation
hereunder shall not extend to any claims caused by the negligence,
wanton acts, or willful acts of the city. This provision includes, but is not
limited to, the city's reasonable attorneys' fees incurred in defending
against any such claim, suit, or proceedings. The city agrees to notify a
registrant in writing, within a reasonable period of time, of any issue the
city determines may require indemnification. Nothing in this section shall
prohibit the city from participating in the defense of any litigation by its
own counsel and at its own expense. Nothing contained in this section
shall be construed or interpreted: (1) as denying to any person or entity a
remedy or defense available to such person or entity under the laws of
the state; or (2) as a waiver of sovereign immunity beyond the waiver
provided in F.S. § 768.28, (2000), as amended.
(2) The indemnification requirements shall survive and shall be in effect after
a termination or cancellation of a registration.
(1) Restoration bond.
(1) Prior to issuing a permit, when the work authorized by a permit will
require restoration of public rights-of-way, the city shall require a bond to
secure the restoration of the public rights-of-way. Notwithstanding the
foregoing, a restoration bond hereunder shall only be required to the
extent that the cost of the restoration exceeds the amount recoverable
against the security account as provided herein. The requirement for a
restoration bond may be waived by the city manager if the applicant for
the permit provides sufficient evidence of its ability to pay, which may
include audited financial statements. The restoration bond shall be issued
by a surety having a triple-A rating or equivalent acceptable to the city;
shall be subject to the approval of the city manager or the city manager's
designee; and shall provide that: "For twelve (12) calendar months after
issuance of the bond, the bond shall not be canceled, or allowed to lapse
until sixty (60) calendar days after receipt of written notice by the city, by
certified mail, return receipt requested, from the issuer of the bond of the
issuer's intent to cancel or to not renew the bond."
(2) The rights reserved by the city with respect to any restoration bond
established pursuant to this section are in addition to all other rights and
remedies the city may have under this section, under other ordinances, at
law, or at equity.
The rights reserved by the city under this section are in addition to all
other rights of the city, whether reserved in this section, or authorized by
law and no action, proceeding, or exercise of a right with respect to the
restoration bond shall affect any other rights of the city.
(3)
(m)
(4) This section will not apply to routine maintenance and repair of services
for existing customers associated with a utility service company's typical,
day-to-day operations.
Security account. At or prior to the time a registrant receives the initial permit to
place or maintain facilities in public rights-of-way after the effective date of this
section, the registrant shall, at the sole discretion of the city, be required to file
with the city, for the city approval, an annual bond, cash deposit, or irrevocable
letter of credit in the sum of fifty thousand dollars ($50,000.00) having as a surety
a company qualified to do business in the state, and shall be referred to as the
"security account." the requirement for a security account may be waived by the
city manager if the registrant provides sufficient evidence of its ability to pay,
which may include audited financial statements. The security account shall be
maintained from such time through the: (a) transfer, sale, assignment, or removal
of all facilities in the public rights-of-way; or (b) twelve (12) calendar months after
the termination or cancellation of any registration. The security account shall be
conditioned upon the full and faithful performance by the registrant of all
requirements, duties, and obligations imposed upon registrant by the provisions
of this section and other ordinances, as amended. The security account shall be
furnished annually or as frequently as necessary to provide a continuing
guarantee of the registrant's full and faithful performance at all times. In the event
a registrant fails to perform the duties and obligations imposed upon the
registrant by the provisions of this section, there shall be recoverable, jointly and
severally from the principal and surety of the security account, any damages or
loss suffered by the city as a result, including the full amount of any
compensation, indemnification, cost of removal, relocation, or abandonment of
any facilities of the registrant in public rights-of-way, including a reasonable
allowance for attorneys' fees, up to the full amount of the security account. The
city shall not pay registrants interest on any monies held by the city in a
registrant's security account. This section will not apply to routine maintenance
and repair of services for existing customers associated with a utility service
company's typical, day-to-day operations.
(n) Enforcement remedies.
(1) A registrant's failure to comply with provisions of this section shall
constitute a violation of this section and shall subject the registrant to the
code enforcement provisions and procedures as provided in F.S. Ch. 162,
(2000) and F.S. § 166.0415, (2000), as amended. In addition, violation of
this section may be punishable as provided in F.S. § 162.22, as amended
and as provided in the city ordinances.
(2) Failure of the city to enforce any requirements of this section shall not
constitute a waiver of the city right to enforce the violation or subsequent
violations of the same type or to seek appropriate enforcement remedies.
(o) Abandonment.
(1) Upon anticipated abandonment or the abandonment of facilities owned by
a registrant in public rights-of-way, the registrant shall notify the city within
thirty (30) calendar days of the anticipated abandonment or the
abandonment.
(2) The city may, at its sole discretion, direct the registrant by written notice
to remove all or any portion of such abandoned facility at the registrant's
expense if the city determines that the presence of the abandoned facility
interferes with the public health, safety, or welfare which shall include, but
shall not be limited to, a determination that such facility: (1) compromises
safety at any time for any public rights-of-way user or during construction
or maintenance in public rights-of-way; (2) interferes with or prevents the
city or another person from locating facilities in the area of public
rights-of-way, including the potential to impact future construction or
maintenance; or (3) creates a maintenance condition which is disruptive
to the intended use of the public rights-of-way.
In the event the city does not direct the removal of the abandoned facility,
the registrant by notice of abandonment to the city, shall be deemed to
consent to the alteration or removal of all or any portion of the facility by
the city or by another person.
(4) If the registrant fails to remove all or any portion of an abandoned facility
as directed by the city within a time period as required by the city, the city,
or its agents, may perform such removal and charge the entire cost of the
removal to the registrant.
Force majeure. In the event a registrant's performance of or compliance with any
of the provisions of this section is prevented by a cause or event not within the
registrant's control, such inability to perform or comply shall be deemed excused
and no penalties or sanctions shall be imposed as a result provided, however,
that such registrant has used all available means to expeditiously cure or correct
any such inability to perform or comply. For purposes of this article, causes or
events not within a registrant's control shall include, without limitation, acts of
God, floods, earthquakes, landslides, hurricanes, fires, natural disasters, acts of
public enemies, riots, civil disturbances, sabotage, strikes, and restraints
imposed by order of a governmental agency or court. Causes or events within
registrant's control and therefore, not within this section shall include, without
limitation, registrant's financial inability to perform or comply, economic hardship,
misfeasance, malfeasance, and nonfeasance by any of registrant's directors,
officers, employees, contractors, or agents.
Reservation of rights and remedies.
(1) The city reserves the right to amend this section, from time to time, as it
shall find necessary.
(2) This section shall be applicable to all utility facilities placed in public
rights-of-way on or after the effective date of this section and shall apply
to all existing facilities in the public rights-of-way prior to the effective date
of this section, to the full extent permitted by federal and state laws.
The adoption of this section is not intended to affect or amend any rights
or defenses of the city or a utility services company or provider under any
existing franchises, licenses, or other agreements with a utility services
company or provider.
(4) Nothing in the section shall affect the remedies the city or the registrant
have available under applicable federal and state laws.
(3)
(3)
(Ord. No. 65-11-37, § 1, 3-28-11)
Chapter 20 TAXATION "l"'[1]
ARTICLE I. IN GENERAL
Secs. 20-1-20-15. Reserved.
Secs. 20-1-20-15. Reserved.
ARTICLE II. PUBLIC SERVICE TAX XI'"[2]
DIVISION 1. GENERALLY
Sec. 20-16. Imposed; amount; utility services to which applicable;
seller.
Sec. 20-17. Duty of seller to collect tax and pay same to city; failure
seller to discontinue service upon nonpayment of tax.
Sec. 20-18.
Sec. 20-19.
Sec. 20-20.
payment to be made to
to collect tax; authority of
Records to be kept by seller; inspection of records by city agents.
Exemption of governmental agencies and churches.
When purchase deemed made within city.
Secs. 20-21-20-30. Reserved.
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
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, 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 "I"[3]
Sec. 20-31. Levy; when payable.
Sec. 20-32. Exemptions.
Sec. 20-33. Duty of seller to collect.
Sec. 20-34. Records to be kept by seller; inspector, transcripts.
Sec. 20-35. Limitation as to telephone calls.
Sec. 20-36. Monthly payments; computation of tax.
Secs. 20-37-20-50. Reserved.
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
recognized 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, power and authority to immediately discontinue
further service to the purchaser until the tax 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. LOCAL BUSINESS TAX XIVi[4]
Sec. 20-51. Definitions.
Sec. 20-52. Levy.
Sec. 20-52.1. Inspections.
Sec. 20-53. Half-year receipts.
Sec. 20-54. Due dates and delinquencies; penalties.
Sec. 20-55. Businesses falling under more than one classification; operating at more than one
location.
Sec. 20-56. Compliance by receipt holders.
Sec. 20-57. Transfer.
Sec. 20-58. Exemptions.
Sec. 20-59. Schedule of fees.
Secs. 20-60-20-75. Reserved.
Sec. 20-51. Definitions.
When used in this article, the following terms and phrases shall have the meanings
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 facilities
in this state at which are provided charitable services, a reasonable percentage of which shall
be without cost to those unable to pay.
Child care center includes any establishment which provides care for more than five (5)
children unrelated to the operator and which received a payment, fee or grant for any of the
children receiving care wherever operated and whether 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.
Classification shall mean the method by which a business or group of businesses is
identified by size or type, or both.
Commission action means that the city commission shall approve the application in a
regular meeting before issuance of such license.
Department stores shall be construed to mean those stores which carry or sell three (3)
or more lines of goods, wares or merchandise subject to license under the provisions of
ordinances of the city. Each department shall be licensed separately.
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
nonprofit 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.
Hawker shall mean any person who shall rent or sell or offer to sell at wholesale or retail
any commodity, product, goods, wares, or merchandise of any kind from a stand, wagon,
parked vehicle, container, pushcart, or tent upon any street or public property or any vacant
private property. No person shall be engaged as a hawker within the corporate limits of the city
or on the city beach.
Local business tax 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 business tax receipt
imposed under the provisions of this chapter.
Manufacturing establishment shall mean any business engaged in making products from
raw materials, either by hand or by machinery.
Passenger vessel shall mean a vessel intended primarily to transport passengers, but
excluding chartered fishing boats. Crew members necessary for the operation of the vessel for
its intended purpose shall not be considered passengers for the purpose of this article.
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.
Physical facility shall mean all areas used by a firm to conduct its business, and shall
include both buildings and outside areas used in conjunction with the business, but shall not
include those areas used exclusively for patron parking.
Professional establishment shall mean any business or profession which is regulated by
the state department of professional regulation, or other state board or commission thereof.
Receipt means the document that is issued by the local governing authority which bears
the words "Local Business Tax Receipt" and evidences that the person in whose name the
document is issued has complied with the provisions of this chapter relating to the business tax.
Religious institutions shall mean churches and ecclesiastical or denominational
organizations 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.
Retail establishment shall mean any business engaged in the sale of goods or
commodities in any quantities.
Service establishment shall mean any business or individual engaged in any trade, or
who provides labor, repair, maintenance or incidental services. Hotels, motels and restaurants
shall also be considered service establishments.
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.
(Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 70-93-11, § 1, 7-26-93; Ord. No. 45-94-11, § 1,
6-27-94; Ord. No. 70-98-13, § 1, 8-10-98; Ord. No. 45-06-18, § 2, 9-25-06)
Definitions and rules of construction generally, § 1-2.
Similar definitions, F.S. § 205.022.
Sec. 20-52. Levy.
A business 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;
Any person who does not qualify under the provisions of subsection (1) or (2) of
this section, and who transacts any business or engages in any occupation or
profession in interstate commerce, if such license tax is not prohibited by Section
8 of Article I of the United States Constitution;
(4) Any person who reports himself to be engaged in any profession, occupation or
industry for the transaction of which a license is required under this chapter either
by exhibiting a sign or advertisement or by advertising in any newspaper or any
other publication or by the distribution of any advertising material or in any other
way indicating engagement in such business, profession or occupation,
regardless of whether any business has actually been transacted or not.
(Ord. No. 45-81-5, § 1, 12-28-81; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1,
6-25-90; Ord. No. 45-06-18, § 1, 9-25-06)
Similar provisions, F.S. § 205.042.
(3)
Sec. 20-52.1. Inspections.
Prior to the issuance of a business tax receipt, the structure or site designated as the
location of the business to be taxed shall receive the inspection and approval of the city fire
inspector and building official to verify compliance with city building and fire codes. However,
inspections for home occupations shall be at the discretion of the building official and fire
inspectors.
(Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 70-97-12, § 1, 9-22-97; Ord. No. 45-06-18, § 1,
9-25-06; Ord. No. 45-10-20, § 1, 1-11-10)
Similar provisions, F.S. § 205.042.
Sec. 20-53. Half-year receipts.
The city clerk, upon proper showing that the issuance of a receipt 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 receipt. Persons applying for a receipt after October first may be issued a half -year's
receipt.
(Code 1970, § 10-1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06)
Authority for a partial receipt, F.S. § 205.053(1).
Sec. 20-54. Due dates and delinquencies; penalties.
(a) All receipts shall be sold by the city 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 receipts not renewed when due and
payable shall be considered delinquent and subject to a delinquency penalty
often (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 local
business tax fee for the delinquent establishment. If receipt is not paid by
January thirty-first, the city clerk shall have city water service disconnected until
business tax fee plus delinquent charges are paid in full.
(b) Any person engaging in or managing any business, occupation or profession
without first obtaining a local business tax receipt, if required in this article, shall
be subject to a penalty of twenty-five (25) percent of the business tax fee
determined to be due, in addition to the penalty provided by F.S. Ch. 162; any
such business may be closed by the city manager or his designee until the
business tax requirements have been met.
(Code 1970, § 10-1.1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No.
70-97-12, § 1, 9-22-97; Ord. No. 45-06-18, § 1, 9-25-06)
Similar provisions, F.S. § 205.053.
Sec. 20-55. Businesses falling under more than one classification; operating at more
than one location.
Each receipt classification and the amount of the business tax, as set forth in this
chapter, shall be deemed to be cumulative to any license taxes otherwise imposed, and when
any occupation, business, profession or commercial activity shall fall into more than one (1) of
the classifications, such occupation, business, profession or commercial activity shall be
required to comply with the business tax receipt requirements of each such classification or
provision. Whenever any person operates any of the businesses provided for in this article at
more than one (1) location, each location shall be considered a separate business.
(Code 1970, § 10-2; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06)
Sec. 20-56. Compliance by receipt holders.
Issuance of a local business tax receipt by the city clerk shall in no wise relieve the
holder thereof of responsibility for compliance with all provisions of this Code or other city
ordinances or parts thereof heretofore passed or which may hereafter be passed by the city
commission regulating the conduct of the business.
(Code 1970, § 10-3; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06)
Sec. 20-57. Transfer.
(a) All business tax receipts may be transferred to a new owner when there is a
bona fide sale of the business upon payment of a transfer fee of three dollars
($3.00) and presentation of the original receipt and evidence of the sale.
(b) Upon written request and presentation of the original receipt, any receipt may be
transferred from one (1) location to another location in the city upon payment of a
transfer fee of three dollars ($3.00).
(Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06)
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.
No person, firm or corporation shall engage in or manage any trade, business,
profession, or occupation without first obtaining a receipt and paying an annual fee, which shall
be assessed as follows:
MANUFACTURING ESTABLISHMENTS:
Manufacturer, all:
0-1,500 sq. ft ... $59.03
1,501-5,000 sq. ft ... 99.56
5,001-15,000 sq. ft ... 133.11
15,001 sq. ft. and over ... 333.39
PROFESSIONAL ESTABLISHMENTS (Physical facility)
Any person applying for a business tax receipt to practice any profession regulated by the state
department of professional regulation, or any other state board or commission thereof, must
exhibit an active state certificate, registration, or license, before the business tax receipt may be
issued. This classification of business tax shall consist of, but shall not be limited to the following
types of business, and the business tax for the professional establishment shall be assessed at
the rate indicated.
0-1,500 sq. ft ... $59.03
1,501-5,000 sq. ft ... 99.56
5,001-15,000 sq. ft ... 133.11
15,001 sq. ft. and over ... 333.39
Accountancy firm/corporation
Architect firm/corporation
Air conditioning/heating
Attorney firm/corporation
Barber shop
Beauty shop
Brokerage firm/corporation: Mortgage, stocks, bonds
Building contractor
Cosmetology salon
Cosmetology school
Day care, adult
Day care, children
Dental lab
Detective/investigative agency
Diet/weight control center
Educational establishment (trade, technical)
Electrical contractor
Engineer firm/corporation
Funeral home
General contractor
Hearing aid center
Insurance agency
Land surveyor business
Landscape architect firm/corporation
Loan company
Massage establishment
Mechanical contractor
Medical office
Miscellaneous, other than listed
Nursing home
Optometry office
Pharmacy
Plumbing/septic tank contractor
Pool/hot tub/spa contractor
Real estate appraiser
Real estate agency
Residential contractor
Roofing contractor
Security systems contractor
Sheet metal contractor
Solar energy contractor
Title company
Underground utilities contractor
Veterinary establishment
Banks, national or state, credit union ... $333.39
Insurance company
(Transacting any class of insurance within the municipal limits of the city, whether or not
maintaining a place of business within the municipal boundaries) ... $200.25
In addition to the license for the professional establishment (physical facility), each professional
engaged in such practice or profession shall pay a business tax as indicated. This classification
of business tax shall consist of, but shall not be limited to the following:
Accountant, each ... $119.22
Acupuncturist ... 39.36
Architect ... 119.22
Attorney ... 119.22
Auctioneer ... 119.22
Barber ... 39.36
Beautician ... 39.36
Building contractor ... 39.36
Chiropractor ... 119.22
Cosmetologist ... 39.36
Dental hygienist ... 39.36
Dental radiographer ... 39.36
Dentist ... 119.22
Detective/investigator ... 39.36
Dietitian ... 39.36
Electrician ... 39.36
Engineer ... 119.22
Funeral director/embalmer ... 119.22
General contractor ... 39.36
Hearing specialist ... 119.22
Insurance agent ... 119.22
Land surveyor ... 119.22
Landscape architect ... 119.22
Marriage or family counselor ... 119.22
Massage therapist ... 39.36
Mental health counselor ... 119.22
Miscellaneous, other than listed ... 39.36
Miscellaneous contractor ... 39.36
Mortgage broker ... 119.22
Nail specialist ... 39.36
Full specialist (nails/skin care) 39.36
Naturopath... 119.22
Nursing home administrator ... 119.22
Occupational therapist ... 119.22
Optician ... 119.22
Optometrist ... 119.22
Pharmacist (Exempt - F.S. § 205.196) ... Exempt
Physical therapist ... 119.22
Physician ... 119.22
Plumber ... 39.36
Podiatrist ... 119.22
Professional, other than listed ... 119.22
Psychologist ... 119.22
Real estate appraiser ... 39.36
Real estate sales agent ... 39.36
Real estate broker ... 39.36
Residential contractor ... 39.36
Respiratory care practitioner/therapist ... 119.22
Stocks/bonds broker ... 119.22
Veterinarian ... 119.22
RETAIL ESTABLISHMENTS:
The business tax for retail establishments shall be assessed at the following rates:
0-1,500 sq. ft ... $59.03
1,501-5,000 sq. ft ... 99.56
5,001-15,000 sq. ft ... 133.11
15,001 sq. ft. and over ... 333.39
Antiques
Appliance sales
Art gallery/dealer
Art framing/arts and crafts
Auto new/used
Auto parts/supplies
Bakery
Beauty supply
Bicycles
Boat, new/used
Book stores/stationers
Building supplies
Butcher/meat market
Cabinet/carpentry shop
Candy/pop corn
Ceramics
Clothing
Collectibles
Communications equipment (cell phones/beepers)
Computer, hardware/software
Convenience store
Cosmetics
Crafts/home accessories
Gifts/greeting cards
Decorator sales
Delicatessen
Department/variety store
Electronic equipment/radio/television
Fabric shop
Fish/seafood market
Fishing supplies (bait and tackle)
Fish: tropical/aquarium
Floor coverings: carpet, tile, etc.
Florist, cut flowers, plants, etc.
Furniture sales
Garden center/nursery
Gas, LP dealers
Glass: auto, plate, window, mirror
Grocery store
Guns/firearms dealer
Hardware store
Health food store
Ice cream vendor (mobile)
Ice cream parlor
Internet sales
Jewelers
Liquor store (not for consumption on premises)
Lumber yard/sales
Mail order/catalog sales
Marine equipment/supplies
Miscellaneous sales, other than listed
Mobile home/RV dealer
Motorcycle sales, new/used
Music shop
Office equipment/supplies
Optical devices/equipment sales
Pawnshop
Pet shop, sales/supplies
Photographic equipment/supplies
Plumbing fixtures/supplies
Records/tapes/CD/video sales
Secondhand/thrift stores
Shoe sales
Sporting goods
Tobacco products
Toy store
Trophy/award sales
Video equipment sales/rental
Wall covering/window treatment
Water companies, bottled or bulk
SERVICE ESTABLISHMENTS:
The business tax for service establishments shall be assessed at the following rates:
0-1,500 sq. ft ... $59.03
1,501-5,000 sq. ft ... 99.56
5,001-15,000 sq. ft ... 133.11
15,001 sq. ft. and over ... 333.39
Advertising agency, firm or corporation engaged in creation, production or sale of media
intended to promote or advertise
Advertising, billboards, 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 receipt)
Advertising, outdoor (general receipt covering all phases of advertising as defined in Chapter
479, Florida Statutes, relating to outdoor advertisers and including erecting, servicing and
maintaining of electrical and neon signs)
Animal grooming/kennel
Apartment building/complex (Based on total sq. footage)
Appliance service/repair
Auto:
Car wash
Customizing/detailing
Oil change
Machine shop/welding
Paint and body shop
Rental/U-drive
Road service/towing
Service/repair
Stereo/accessories installation
Storage
Tire dealer
Service station
(The number of pumps shall be calculated either individually or by island as numbered by the
service station)
1-4 pumps ... $59.03
5-9 pumps ... 99.56
10-12 pumps ... 133.11
Over 12 pumps ... 333.39
Bar/lounge/tavern
With one (1) COP receipt, add ... $65.97
With 2 COP receipt, add ... 133.11
With 4 COP receipt, add ... 267.40
With lounge and/or micro brewery, add ... 333.39
Boat repair
Bowling alleys
Bookkeeping
Building inspection
Carpentry
Carpet cleaners
Catering
Cement/stone/brick
Cemetery
Charter vessel
Each vessel up to 25 ft ... $56.71
Plus $12.14 per foot additional for vessels over 25 ft.
Vessels over 25 ft. require city commission approval
Cleaning/janitorial/maid service
Computer services
Computer classes
Consultant/systems analyst
Computer repairs
Software programs, writing of
Consultant, not otherwise classified
Country club
With 1 COP receipt, add ... $65.97
With 2 COP receipt, add ... 133.11
With 4 COP receipt, add ... 267.40
With lounge and/or micro brewery, add ... 333.39
Dance hall
With 1 COP receipt, add ... $65.97
With 2 COP receipt, add ... 133.11
With 4 COP receipt, add ... 267.40
With lounge and/or micro brewery, add ... 333.39
Delivery/messenger service
Decorator/interior design
Drywall installation
Dredging/excavation contractor
Employment agency
Environmental services/consultant
Fences, metal/wood contractor
Fortune teller, clairvoyant, psychic, palmist spirit medium, etc.
Financial consultant
Foundation contractor
Fuel oil service
Furniture repair/upholstery
Glass tinting/coating
Health spa/gym
Hotel/motel/rooming houses
With 1 COP receipt, add ... $65.97
With 2 COP receipt, add ... 133.11
With 4 COP receipt, add ... 267.40
With lounge and/or micro brewery, add ... 333.39
Insulation contractor
Instructional establishment:
Arts/crafts
Computer/secretarial
Dance/music/fine arts
Karate/martial arts
Irrigation contractor
Junk/salvage yard
Land development company
Landscaping/lot clearing
Laundromat, self service
Laundry/dry cleaner
Lawn/yard service
Linen service
Locksmith
Machine repair/fabrication/welding
Management company (Managing the property or business of another person, firm or
corporation)
Manufacturer's agent/representative
Marina
Per slip/space up to 50 ft ... $12.72
Plus additional $12.72 for each additional foot over 50 ft.
Marine construction (docks etc.)
Masonry/ceramic tile
Minor contractor (Miscellaneous odd jobs/repair)
Miscellaneous service establishment, other than listed
Mobile home parks
Motion picture theater/establishment
Motorcycle repair
Moving/storage company
Newspaper, branch office/publishing
Office equipment maintenance
Packing/shipping/mail service
Painting/paper hanging
Pest control/exterminator
Photographer
Photo processing service
Piano tuner
Pool service/maintenance
Printer/print shop
Process server
Promoters of entertainment, exhibits, shows, event planner
Publishing/public relations company
Radio station/broadcasting company
Radio/television/VCR repair
Recycling company
Rentals:
Bicycles
Equipment
Furniture/appliances
Video tapes, etc.
Other
Restaurants (this classification also includes snack bars and take-out only service)
With 1 COP receipt, add ... $65.97
With 2 COP receipt, add ... 133.11
With 4 COP receipt, add ... 267.40
With lounge and micro brewery, add ... 333.39
Screen printing
Secretarial service/data processing
Security systems monitoring service
Septic tank cleaning
Shoe repair
Sign painters/sign builders
Signs, electric/neon
Solicitation, door to door (unless exempted by chapter 18 of this Code or Chapter 496, Florida
Statutes)
(Plus $35.00 to cover the cost of investigation, section 18-3 of this Code)
Small engine repair
Sprinkler systems (fire)
Storage/mini warehouses
Tanning salon
Tailor/dressmaker
Telegraph service
Telemarketing
Telephone answering service
Trailer park/tourist camp
Travel agency
Tree service/tree surgeon
Water softening/conditioning
Web site consultant
Well digger
Window installation/service
Other service establishments:
Telephone company (subject to franchise)
First 1,000 phones or instruments or fraction thereof, per phone or instrument operated or
installed ... $.0860
Second 1,000 phones or instruments or fraction thereof over 1,000, per phone or instrument
operated or installed ... $.0684
All over 2,000 phones or instruments, per phone or instrument operated or installed ... $.0507
Transportation:
In addition to the receipt for the business establishment (physical facility), each individual
engaged in transportation shall pay a business tax fee for each vehicle involved in the business,
as follows:
Taxi/limousine service
Limousine, per vehicle ... $32.41
Taxi cabs ... 32.41
Towing/wrecker service
Towing/wrecker service, per vehicle ... 32.41
Trucking
Truck, per vehicle ... 32.41
Vending machines:
The receipt for vending machines shall be the responsibility of the business where the vending
machines are located and shall be in addition to other license(s) required for the business.
Vending machines shall mean any amusement/game machine, pool/billiard table, electronic
music machine and any machine which dispenses a product.
0-3 machines ... $32.41
4-10 machines ... 65.97
11-19 machines ... 133.11
20 or more machines (arcade) ... 333.39
Commission approval will be required before business tax receipts will be issued for the
following businesses, and business taxes shall be as follows:
Passenger vessel
1-50 passenger capacity ... $127.33
51-100 passenger capacity ... 1,276.27
101 or more passenger capacity ... 159,535.18
Day labor employment service ... 6,381.39
Escort service ... 31,907.03
Body piercing/tattoo artist ... 243.09
Lingerie modeling shop ... 31,907.03
900 telephone service or equivalent ... 31,907.03
Sexually oriented live entertainment ... 31,907.03
Teen club ... 6,077.52
(Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-86-7,
§ 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1-28-91; Ord. No. 45-92-10,
1, 4-13-92; Ord. No. 45-94-11, § 2, 6-27-94; Ord. No. 45-98-13, § 1, 7-13-98; Ord. No.
45-00-14, § 1, 7-24-00; Ord. No. 45-00-15, § 1, 9-11-00; Ord. No. 45-01-16, § 1, 1-14-02; Ord.
No. 45-03-17, § 1, 6-23-03; Ord. No. 45-06-18, § 3, 9-25-06; Ord. No. 45-08-19, § 1, 11-10-08;
Ord. No. 45-12-21, § 1, 7-23-12)
Secs. 20-60-20-75. Reserved.
ARTICLE IV. INSURANCE PREMIUM TAXES
Sec. 20-76. Casualty risks.
Sec. 20-77. Property insurance.
Sec. 20-78. Payment date.
Sec. 20-79. Reserved.
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 business tax in addition to any business tax or excise
tax now levied by the city, which tax shall be in the amount as established by F.S. 185.08 of the
gross amount or receipts of premiums from policyholders on all premiums collected on casualty
insurance policies covering property within the corporate limits of the city.
(Ord. No. 45-80-4, 9-8-80; Ord. No. 70-02-15, 8-12-02; Ord. No. 45-06-18, § 4, 9-25-06)
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 business tax in addition to any business tax or excise tax now levied by
the city, which tax shall be in the amount as established by F.S. 175.101 of the gross amount or
receipts of premiums from policyholders on all premiums collected on property insurance
policies covering property within the corporate limits of the city.
(Ord. No. 45-80A, 9-8-80; Ord. No. 70-02-15, 8-12-02; Ord. No. 45-06-18, § 5, 9-25-06)
Authority for this section, F.S. § 175.101.
Sec. 20-78. Payment date.
The business or excise taxes levied in section 20-76 or 20-77 shall be due and payable
annually on the first day of March of each year.
(Ord. No. 45-80-4, 9-8-80; Ord. No. 45-06-18, § 6, 9-25-06)
Sec. 20-79. Reserved.
ARTICLE V. ADDITIONAL HOMESTEAD EXEMPTION
Sec. 20-80. Exercise of municipal powers.
Sec. 20-81. Definitions.
Sec. 20-82. Additional homestead exemption authorized.
Sec. 20-83. Annual adjustment to household income.
Sec. 20-84. Annual filing of household income statement.
Sec. 20-80. Exercise of municipal powers.
This article represents an exercise of municipal powers by the city commission, pursuant
to Section 9(12) of the Atlantic Beach Charter. This article shall apply throughout the City of
Atlantic Beach, but only to taxes levied by Atlantic Beach.
(Ord. No. 70-00-14, § 1, 6-26-00)
Sec. 20-81. Definitions.
As used in this article, the term:
Household means a person or group of persons living together in a room or group of
rooms as a housing unit, but the term does not include persons boarding in or renting a portion
of the dwelling.
Household income means the adjusted gross income, as defined in Section 62 of the
United States Internal Revenue Code, of all members of a household.
(Ord. No. 70-00-14, § 1, 6-26-00)
Sec. 20-82. Additional homestead exemption authorized.
(a) Commencing January 1, 2001, and annually thereafter, pursuant to Article VII,
§6(f), Florida Constitution, and F.S. § 196.075, an additional homestead
exemption of twenty-five thousand dollars ($25,000.00) is hereby authorized for
any person who has the legal or equitable title to real estate and maintains
thereon the permanent residence of the owner, who has attained the age of
sixty-five (65) and whose household income does not exceed twenty thousand
dollars ($20,000.00). Low income as defined by F.S. § 196.075.
(b) Commencing January 1, 2015, and annually thereafter, pursuant to Article VII,
§6(d), Florida Constitution and F.S. § 196.075, an additional homestead
exemption is authorized equal to the assessed value of the property to any
person who has the legal or equitable title to real estate with a just value less
than two hundred fifty thousand dollars ($250,000.00) and who has maintained
thereon the permanent residence of the owner for not less than twenty-five (25)
years and who has attained age sixty-five (65) and whose household income
does not exceed the income limitation prescribed in F.S. § 196.075.
(Ord. No. 70-00-14, § 1, 6-26-00; Ord. No. 70-15-18, § 1, 8-10-15)
Sec. 20-83. Annual adjustment to household income.
The household income limitation shall be adjusted annually, on January 1, in accordance
with F.S. § 196.075.
(Ord. No. 70-00-14, § 1, 6-26-00; Ord. No. 70-15-18, § 1, 8-10-15)
Sec. 20-84. Annual filing of household income statement.
Any taxpayer claiming the additional homestead exemption must submit annually, not
later than March 1 of each year, to the Duval County Property Appraiser, a sworn statement of
household income on a form prescribed by the Florida Department of Revenue.
(Ord. No. 70-00-14, § 1, 6-26-00)
Chapter 21 TRAFFIC AND MOTOR VEHICLES "I""[1]
ARTICLE I. IN GENERAL "I""'[2]
Sec. 21-1. Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform Traffic
Control Devices.
Sec. 21-2. Permit required for parades and processions.
Secs. 21-3-21-15. Reserved.
Sec. 21-1. Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform
Traffic Control Devices.
There is hereby adopted by reference the Florida Uniform Traffic Control Law, being
Chapter 316, Florida Statutes, as may be amended, which law shall be in full force and effect
within the City as if fully set forth herein, and shall be considered as part of this Chapter. Also
adopted by reference and considered as part of this Chapter is the Manual on Uniform Traffic
Control Devices (MUTCD) for Streets and Highways, as published and amended by the Federal
Highway Administration.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-2. Permit required for parades and processions.
No procession or parade shall occupy, march or proceed along any street or roadway
except in accordance with a permit issued by the city manager and such other regulations as
are set forth within this Code, which may apply.
(Ord. No. 75-n4-16, § 1, 9-13-04)
Secs. 21-3-21-15. Reserved.
ARTICLE II. STOPPING, STANDING AND PARKING xIiX[3]
DIVISION 1. GENERALLY
Sec. 21-16. Manner of parking.
Sec. 21-17. Prohibited in specific areas.
Sec. 21-18. Obstructing traffic.
Sec. 21-19. Compliance with signs prohibiting parking required.
Sec. 21-20. Parking limitations.
Sec. 21-21. Parking for certain purposes prohibited.
Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements.
Sec. 21-23. Parking in the right-of-way.
Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.—Declared unlawful;
exception; nuisance declared.
Sec. 21-25. Removing and impounding.
Sec. 21-26. Same—Towage and storage charges.
Secs. 21-27-21-35. Reserved.
Sec. 21-16. Manner of parking.
(a) No person shall stop, 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) Angled 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) Loading or unloading in a place where, and at hours when, stopping for
the loading or unloading of merchandise or materials is permitted. A
vehicle is used for the transportation of merchandise or material may be
backed into the curb to take on or discharge loads.
(b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or
permanently parked or placed in any location on public or private property, which
interferes with the safe, clear and unobstructed sight distance of any
rights-of-way intended or designated for use by pedestrians, bicycles, and
vehicles. Such obstruction shall be immediately removed by order of the police
department, and if required, charges for towing and storage, as set forth herein
shall apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
Similar provisions, F.S. § 316.195.
Sec. 21-17. Prohibited in specific areas.
No person shall stop, stand or park a vehicle, in any of the following places or as
restricted by the following provisions, except when necessary to avoid conflict with other traffic,
or when complying with the directions of a police officer or an official traffic -control device.
(a) 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;
(b) On any city right-of-way within seven (7) feet of a public driveway, or private
driveway upon complaint;
(c) Within twenty (20) feet of an intersection;
(d) Within fifteen (15) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do
so by a zone or devices established in the area;
(g) 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
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.
(1) A person who is chauffeuring a disabled person shall be allowed, without
need for an identification parking permit, momentary parking in the
parking space for the purpose of loading or unloading a disabled person,
and no penalty shall be imposed upon the driver for this monetary
parking.
(2) A person convicted of violating these provisions regarding parking spaces
designated for disabled persons shall be punished by a fine of two
hundred fifty dollars ($250.00).
(h) Parking shall be prohibited on the following streets and roadways at all times:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
Overnight parking prohibited. No vehicle, boat or trailer, other than official
vehicles as authorized by the city, shall be parked overnight in any public park or
public open space, on any property occupied by a government use, or in any
other location posted by the city to prohibit overnight parking.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04)
Similar provisions, F.S. § 316.1945.
(i)
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. 75-04-16, § 1, 9-13-04)
Sec. 21-19. Compliance with signs prohibiting parking required.
When a sign prohibiting parking is erected or a curb is officially marked to prohibit
parking, no person shall park a vehicle in such a designated place.
(Ord. No. 75-04-16, § 1, 9-13-04)
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. 75-04-16, § 1, 9-13-04)
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:
(a) Displaying it for sale; or
(b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs
necessitated by an emergency.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of ten
thousand (10,000) pounds gross vehicle weight, or any combination thereof, or
any component part thereof, including the tractor unit or trailer unit of any
tractor -trailer -type truck, upon any private property in a residential zone except
for the purpose of loading and unloading. No more than four (4) hours shall be
allowed for loading and unloading, unless otherwise authorized by the city
manager or his designee.
(b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed
truck, travel trailer, equipment trailer, boat, boat trailer or commercial vehicle
upon any street or right-of-way, except for the purpose of loading or unloading.
No more than four (4) hours shall be allowed for loading and unloading, unless
otherwise authorized by the city manager or his designee.
(c) Violations of subsection (a) or (b) above shall be punishable by a fine in the
amount of fifty dollars ($50.00) for a first offense and one hundred dollars
($100.00) for each subsequent offense.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-23. Parking in the right-of-way.
Parking in the right-of-way for short periods of time (not to exceed eight (8) hours) is
permissible. Parking in the right-of-way is not intended to be a solution for limited driveway
and/or garage parking.
No person shall park in the right-of-way on the below listed streets on a regular basis at
a residence, which is defined as three (3) or more occasions in any seven-day period.
Parking on the rights-of-way, as described in the two (2) paragraphs directly above, shall
be prohibited on the following streets and roadways:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-13-19, § 1, 10-28-13)
Editor's note—
Section 1 of Ord. No. 75-13-19, adopted Oct. 28, 2013, changed the title of § 21-23 from
"Parking more than seventy-two hours prohibited" to read as herein set out.
Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.—Declared
unlawful; exception; nuisance declared.
Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-25. 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:
(a) When a vehicle is left unattended:
(1) Ona sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings
on the curb prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or right-of-way for a period
of time longer than seventy-two (72) hours.
(d) 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.
(e) 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. 75-04-16, § 1, 9-13-04)
Establishment of rotating wrecker call list, § 21-50.
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 under provisions of this article, 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. 75-04-16, § 1, 9-13-04)
Charges for towing and storage, § 21-51.
Secs. 21-27-21-35. Reserved.
DIVISION 2.
Sec. 21-36.
Sec. 21-37.
Sec. 21-38.
Sec. 21-39.
Sec. 21-40.
Sec. 21-41.
Secs. 21-42—
ENFORCEMENT
Issuance of citations.
Form of citations.
Schedule of fines.
Payment of parking fines.
Disposition of money collected as fines.
Presumption of motor vehicle ownership.
21-49. Reserved.
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 records
division of the public safety department.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-37. Form of citations.
Citations for violation of parking ordinances shall:
(a) Be in writing and in the name of the city;
(b) Set forth substantially the nature of the offense and the number of the ordinance
being violated;
(c) State the date and time delivered;
(d) Specify the license tag number of the vehicle causing the violation as well as the
person cited if delivered in person;
(e) Command the owner or operator of the vehicle causing the violation to pay to the
City of Atlantic Beach, finance department the applicable fine as established by
section 21-38; and
Shall be signed by the person issuing them.
(f)
(Ord. No. 75-04-65, § 1, 9-13-04)
Sec. 21-38. Schedule of fines.
There is hereby established the following schedule of fines to be assessed in cases of
parking violations occurring within the city:
(a) Parking in prohibited areas ... $50.00
(b) Parking within fifteen (15) feet of fire hydrant ... $50.00
(c) Parking double ... $50.00
(d) Obstructing traffic ... $50.00
(e) Obstructing driveway ... $50.00
(f) Parking over time limit ... $50.00
(g) Other improper parking ... $50.00
(h) Illegal parking in designated ADA Accessibility parking spaces ... $250.00
(i) Parking in the right-of-way: First offense ... $100.00
Second offense within twenty-four (24) months of first offense ... $150.00
Third offense within twenty-four (24) months of first offense ... $250.00
Fourth and subsequent offenses at any time ... $500.00
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04; Ord. No. 75-13-19, § 2,
10-28-13)
Sec. 21-39. Payment of parking fines.
(a) The City of Atlantic Beach Finance Department is hereby 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 thirty (30) days an additional cost of fifty
dollars ($50.00).
(c) The director of public safety shall have the discretion of relieving the person
named in the citation of paying the additional fifty dollars ($50.00) late fee upon
good cause being shown and documented by the director of public safety.
(d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking
tickets, and the time limitations for the payment of the tickets has expired, then
the vehicle may be disabled or towed pursuant to the conditions set forth within
this chapter.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-40. 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 as prescribed by the director of finance.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-41. 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.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-42-21-49. Reserved.
ARTICLE III. WRECKER SERVICE 1[4]
Sec. 21-50. Establishment of rotating wrecker call list.
Sec. 21-51. Charges for towing and storage.
Sec. 21-52. Wreckers to be equipped at all times.
Sec. 21-53. Liability insurance.
Sec. 21-54. Repairing vehicles without authorization prohibited.
Secs. 21-55-21-59. Reserved.
Sec. 21-50. Establishment of rotating wrecker call list.
The chief of police, subject to approval by the city manager, is hereby authorized to
establish standards and rules for the administration of a rotating wrecker service to the city. All
wrecker and towing firms, companies, or corporations licensed to conduct that business may
apply for a listing by the police department on the rotating wrecker call list.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-51. Charges for towing and storage.
The charges for towing and otherwise removing any damaged motor vehicle from any
point within the city shall be as set forth below. Daytime shall be defined as the hours from 6:00
a.m. until 6:00 p.m. Nighttime shall be defined as the hours from 6:00 p.m. until 6:00 a.m., and
nighttime charges shall also apply Sundays and legal holidays.
Daytime Nighttime
(a)
Class A wrecker
Passenger cars and $73.00 $94.00
light vans
Trucks (half -ton to $73.00 $94.00
two tons
Campers, trailers $105.00 $105.00
and mobile homes
Motorcycles $73.00 $94.00
(b) Class B wrecker: The charges for towing and otherwise removing any truck, unit
or part thereof, from more than two tons to 10 tons of weight $105.00 per hour
towing charge, but in no event less than a $100.00 charge for towing, and not
more than $105.00 per hour for cleanup, extra labor and waiting time.
(c) Class C wrecker: The charges for towing and otherwise removing any truck or
unit of 10 tons or greater weight $157.00 per hour towing charge for a truck or
unit transportable as a whole, but in no event less than $157.00 charge for such
towing, or, $210.00 per hour towing charge for a truck or other unit not
transportable as a whole, but in no event less than a $100.00 charge for such
towing; and not more than $100.00 per hour for cleanup, extra labor or waiting
time.
(d) Overturned
vehicles:
Regular price plus
(e) On Ocean:
Regular price plus
(Driver and/or
wrecker must enter
water)
(f) Use of dollies:
Regular price plus
Daytime Nighttime
$52.00 $52.00
$52.00 $73.00
$52.00 $75.00
(g)
The charges for storage of vehicles by wrecker service operators shall be as
follows:
Storage, outside per day; $17.00.
Storage, inside per day; $21.00.
(h) When a wrecker is called and the owner arrives to claim his vehicle before it can
be removed, a partial fee is allowed of forty-two dollars ($42.00), if the wrecker
has been physically attached to the vehicle. If the owner arrives before the
wrecker is attached, no fee will be charged.
The above charges may be changed by resolution adopted by the city
commission.
(i)
(Ord. No. 75-04-16, § 1, 9-13-04)
Towage and storage charges, § 21-26.
Sec. 21-52. Wreckers to be equipped at all times.
All wreckers must be equipped at all times with amber flashing lights and all necessary
working tools, including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire
extinguisher.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-53. Liability insurance.
All wreckers shall have, maintain, and keep in full force and effect, liability insurance in
amounts not less than one hundred thousand dollars ($100,000.00) to three hundred thousand
dollars ($300,000.00) and property insurance in an amount not less than fifty thousand dollars
($50,000.00).
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-54. Repairing vehicles without authorization prohibited.
It shall be unlawful for any person to dismantle or to make repairs, alterations or
additions to any such removed vehicle without the written consent signed by its owner or his
duly authorized agent.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-55-21-59. Reserved.
ARTICLE IV. MOTOR VEHICLE TITLE LOANS
Sec. 21-60. Definitions.
Sec. 21-61. Motor vehicle title loan transactions.
Sec. 21-62. Maximum interest rate.
Sec. 21-63. Transaction satisfaction and default.
Sec. 21-64. Title loan lending license.
Sec. 21-65. Violations and penalties.
Sec. 21-66. Transition period for regulations, restrictions and licensure provisions.
Secs. 21-67-21-74. Reserved.
Sec. 21-60. Definitions.
(a) "Title loan agreement" means a written agreement whereby a secondhand dealer
agrees to make a loan of a specific sum of money to the owner of a motor
vehicle, and the owner of the motor vehicle agrees to give the secondhand
dealer a security interest in a motor vehicle certificate of title owned by the
borrower and encumbered only by a title loan agreement.
(b) "Secondhand dealer" has the same meaning as used in F.S. § 538.03(1)(a), as it
may be amended from time to time.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-61. Motor vehicle title loan transactions.
A secondhand dealer registered under F.S. Ch. 538, Pt. I, may engage in motor vehicle
title loan transactions, as that term is used in F.S. Ch. 538, Pt. I, if the following conditions are
met:
(a) The secondhand dealer maintains physical possession of the motor vehicle
certificate of title;
(b) The borrower maintains possession of, or control over, the motor vehicle
throughout the term of the loan;
(c) The borrower is not required to pay rent or any other charge for the use of the
motor vehicle;
(d) The secondhand dealer delivers to the borrower, at the time a loan is made, a
statement showing the loan amount, origination date, maturity date, finance
charges, a description of the security, the name and address of the borrower and
the secondhand dealer, the rate of interest expressed in terms of annual
percentage rate, the total number of payments required, and the total amount
required to be paid over the life of the loan. In the event the borrower has a right
to renew the loan, the secondhand dealer must deliver a statement with the
information required herein for each renewal; and
(e) The title loan agreement contains the following statements printed in not less
than fourteen -point type:
(1) "Your vehicle has been pledged as security for this loan and if you do not
repay this loan in full, including the finance charge, YOU WILL LOSE
YOUR VEHICLE."
(2) "You are encouraged to repay this loan at the end of the 30 day period.
The lender is not required to extend or renew your loan. It is important
that you plan your finances so that you can repay this loan as soon as
possible."
"THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT
COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY
TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN
2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%."
(3)
(4) "The borrower represents and warrants that the motor vehicle and the
certificate of title is not stolen, it has no liens or encumbrances against it,
the borrower has the right to enter into this transaction, and the borrower
will not attempt to sell the motor vehicle or apply for a duplicate certificate
of title while the title loan agreement is in effect, and that doing so will be
a violation of the law."
(f) Immediately above the signature of the borrower, the statement that "I, the
borrower, declare that the information I have provided is true and correct and I
have read and understand the foregoing document."
(g) A blank line for the signature of the borrower.
(h) The secondhand dealer must display, in a prominent place in the title loan
premises, for customer viewing, a sign no smaller than three (3) feet by five (5)
feet with the following messages written in letters no less than four (4) inches
high:
"IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR
THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE
CHARGES, YOU WILL LOSE YOUR VEHICLE.
THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN
TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER
SOURCE AT AN INTEREST RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL
PERCENTAGE RATE OF 30%."
(Ord. No. 75-98-1g 1, 12-14-98)
Sec. 21-62. Maximum interest rate.
A secondhand dealer who engages in title loan transactions may not exceed the
following interest rates:
(a) A secondhand dealer may charge an interest rate not to exceed two and one-half
(2.5) percent per thirty -day period the title loan agreement remains outstanding
and unsatisfied. In determining compliance with the maximum interest and
finance charges, the computation must be simple interest and not add-on interest
or any other interest computation.
(b) If the title loan agreement has not been satisfied within three hundred sixty (360)
days, a secondhand dealer may charge an interest rate not to exceed eighteen
(18) percent per annum for the time the title loan agreement remains outstanding
and unsatisfied beyond three hundred sixty (360) days.
(c) The annual percentage rate that may be charged in a motor vehicle title loan may
equal, but not exceed, the annual percentage rate that must be computed and
disclosed as required by the federal Truth in Lending Act and Regulation Z of the
Board of Governors of the Federal Reserve System. When the period for which
the charge is computed is more or less than one (1) month, the maximum rate for
the period must be computed on a basis of one -thirtieth (1/30) the applicable
monthly interest rate, multiplied by the number of days of the period.
(d) Any transaction involving a borrower's delivery of a motor vehicle certificate of
title in exchange for the advancement of funds on the condition that the borrower
shall or may redeem or repurchase the certificate of title upon the payment of a
sum of money, whether the transaction be characterized as a "buy -sell
agreement", "sale-leaseback agreement", or otherwise, shall be deemed a
violation of this article if such sum exceeds the amount that a secondhand dealer
may collect in a title loan agreement under this article or if the terms of the
transaction otherwise conflict with the permitted terms and conditions of a title
loan agreement under this article.
(e) Any fees or taxes paid to a state agency and directly related to an individual title
loan transaction may be collected from the borrower and shall be in addition to
the permitted finance and interest charge.
No charges, including interest, in excess of the combined total of all charges
permitted by this section shall be allowed.
(Ord. No. 75-98-13, § 1, 12-14-98)
(f)
Sec. 21-63. Transaction satisfaction and default.
(a) When the title loan has been paid in full, the secondhand dealer must deliver to
the borrower a certificate of title clear of all encumbrances placed upon the title
by the secondhand dealer within thirty (30) days of such payment in full.
(b) A secondhand dealer who engages in title loan transactions may take
possession of the motor vehicle upon the borrower's default under the title loan
agreement. Unless the borrower voluntarily surrenders the motor vehicle, the
secondhand dealer may only take possession of a motor vehicle through an
agent licensed by the State of Florida to repossess motor vehicles.
(c) A secondhand dealer who takes possession of a motor vehicle pursuant to this
section shall comply with the applicable requirements of F.S. Ch. 679, Pt. V.
(d) Disposition of the collateral or motor vehicle may be by public or private
proceedings and may be made by way of one (1) or more contracts. Sale or
other disposition may be as a unit or in parts and at any time and place and on
any terms, but every aspect of the disposition, including the method, manner,
time, place and terms including surplus of the debt, must be commercially
reasonable.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-64. Title loan lending license.
(a) No secondhand dealer may engage in business as a title loan lender six (6)
months after the effective date of this article unless the secondhand dealer has a
valid title loan lending license issued by the city. A separate title loan lending
license will be required for each physical location of the title loan business. The
city shall issue more than one (1) title loan lending license to an applicant if that
applicant complies with the requirements of this part for each such license.
(b) An application for a title loan lending license pursuant to this part must be
submitted to the city on such form as the city may prescribe. If the city
determines that an application should be granted, it shall issue such license for a
period not to exceed two (2) years. A non-refundable application and license fee
of one thousand two hundred fifty dollars ($1,250.00) shall accompany an initial
application for each title loan location.
(c) The city shall charge a biennial renewal fee of one thousand dollars ($1,000.00).
A title loan lending license that is not renewed at the end of each two-year period
shall automatically become inactive. An inactive license may be reactivated
within ninety (90) days after the date it became inactive upon the submission of a
completed reactivation form and payment of a reactivation fee not exceeding two
hundred dollars ($200.00) and a biennial license fee of one thousand dollars
($1,000.00). No inactive license may be reactivated after ninety (90) days.
(d) Each title loan lending license must specify the location for which it is issued and
must be conspicuously displayed at that location. When a licensee wishes to
move a title loan office to another location, the licensee shall give thirty (30) days
prior written notice to the city by certified or registered mail, return receipt
requested, and the city shall then amend the title loan lending license
accordingly. A license issued pursuant to this part is not transferable or
assignable.
(e) Books, accounts and records; maintenance and examinations by the city:
(1) Each licensee shall maintain, at the principal place of business
designated on the license, all books, accounts, records and documents
necessary to determine the licensee's compliance with this part.
(2) The city may authorize maintenance of records at a location other than a
principal place of business. The city may require books and records to be
produced and available at a reasonable and convenient location within
the city.
All books, accounts, records, documents and receipts for expenses paid
by the licensee on behalf of the borrower, including each contract signed
by the borrower and expenses incurred by the licensee in the event of
foreclosure and property recovery, will be preserved and kept available
for examination by the city for two (2) years after the date of original entry.
(4) The city may prescribe by rule the minimum information to be shown in
the books, accounts, records and documents of licensee so that such
records will enable the city to determine the licensee's compliance with
this part.
Each licensee shall designate and maintain an agent in this state for service of
process.
(f)
(3)
(g)
A licensee must apply to the city for a new title loan lending license upon a
change in ownership of twenty-five (25) percent or more by a natural person in
any title loan location or office. No application for a title loan lending license or an
application for transfer of an existing title loan lending license is required for any
change, directly, or beneficially, in the ownership of a title loan location if one (1)
or more of the holders of at least seventy-five (75) percent of the outstanding
equity interest in the title loan location or office before the change in ownership
continue to hold at least seventy-five (75) percent of the outstanding equity
interest in the title loan location or office after the change in ownership.
(h) To be eligible for title loan lending license, an applicant shall:
(1) File with the city a bond in the amount of thirty-five thousand dollars
($35,000.00) for each license with a surety company qualified to do
business in this state. In lieu of the bond, the applicant may establish a
certificate of deposit or an irrevocable letter of credit in a Florida financial
institution in the amount of the bond. The original bond, certificate of
deposit, or letter of credit shall be filed with the city and the city shall be
the beneficiary of such instrument. The bond, certificate of deposit, or
letter of credit shall be in favor of the city for the use and benefit of any
consumer who is injured in the context of a title loan transaction by the
fraud, misrepresentation, breach of contract, financial failure, unfair or
deceptive trade practice, disclosure violation or violations of any provision
of this part by the licensee. Such liability shall be enforced by the filing of
a suit in a court of competent jurisdiction.
(2) Not have been convicted of a felony within the last ten (10) years or be
acting on behalf of a beneficial owner who has been convicted of a felony
within the last ten (10) years.
Not have been convicted, and not acting on behalf of a beneficial owner
who has been convicted, of a crime that the city finds directly related to
the duties and responsibilities of a title loan lender within the past ten (10)
years.
(3)
The city shall determine the form of the title loan lending license.
No part of this article may be construed to impair or affect the obligation of any
title loan agreement which was lawfully entered into prior to the effective date of
the ordinance from which this article derives (December 14, 1998).
(k) Licensees shall report changes in address, location or records, and any change
of an executive officer within thirty (30) days of the change.
In addition to the above, an applicant must also obtain any required occupational
license.
(1)
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-65. Violations and penalties.
(a) The following acts are violations of this part and shall constitute grounds for
disciplinary action:
(1) Failure to comply with any provision of this part, rule adopted under this
party by the city, or any written agreement entered into with the city.
(2) Fraud, misrepresentation, deceit or gross negligence in any title loan
transaction.
(3) Fraudulent misrepresentation, circumvention, or concealment of any
matter required to be stated or furnished to a consumer pursuant to this
part.
(4) Willful imposition of illegal charges on any title loan transaction.
(5) False, deceptive or misleading advertising by a licensee.
(6) Failure to maintain, preserve and keep available for examination all
books, accounts and other documents required by this part, state or
federal law, or by any agreement entered into with the city.
(7) Aiding, abetting or conspiring with an individual to circumvent or violate
any of the requirements of this part or state or federal law.
(8) Refusal to permit inspection of books or records in an investigation or
examination by the city or refusal to comply with a subpoena issued by
the city.
(9) Criminal conduct in the course of a licensee's business as a title lender.
(10) Knowingly entering into a title loan agreement with a person under the
age of eighteen (18) years.
(11) Making any agreement requiring or allowing for the personal liability of a
pledgor or the waiver of any of the provisions of this part.
(12) Knowingly entering into a title loan agreement with any person who is
under the influence of drugs or alcohol when such condition is visible or
apparent, or with any person using a name other than his own or the
registered name of his business.
(13) Entering into a title loan agreement in which the amount of money
advanced in consideration for the loan secured by any single certificate of
title exceeds one-third (1/3) of the value of the motor vehicle. The city
shall determine the method of assessing the value of the pledged
property.
(14) Failure to exercise reasonable care in the safekeeping of the certificate of
title or motor vehicle repossessed pursuant to this part.
(15) Failure to return the certificate of title or motor vehicle taken into
possession to a borrower with any and all of the title lender's liens on the
property properly released within thirty (30) days of the payment of the full
amount due, unless the property has been seized or impounded by an
authorized law enforcement agency, taken into custody by a court, or
otherwise disposed of by court order.
(16) Charging or receiving any finance charge, interest, cost or fee which is
not permitted by this part.
(17) Engaging in business as a title lender without first securing the required
license.
(18) Refusing to accept partial repayment of the amount financed when all
accrued finance charges have been paid.
(19) Charging a prepayment penalty.
(20) Capitalizing any unpaid finance charge as part of the amount financed in
the renewal of a title loan agreement.
(21) Acting as a title loan lender in the city six (6) months after the effective
date of the ordinance from which this article derives (December 14, 1998)
without a current, active license issued by the city pursuant to this part.
(22) In any practice or transaction or course of business relating to the making
of a title loan, negotiation, promotion, advertisement or hypothecation of a
title loan transaction, directly or indirectly:
(i) To knowingly or willingly employ any devise, scheme or article to
defraud;
(ii) To engage in any transaction, practice or course of business
which operates as a fraud upon any person in connection with the
purchase or sale of any title loan;
(iii) To obtain property by fraud, willful misrepresentation of a future
act or false promise.
(23) In any manner within the jurisdiction of the city to knowingly and willfully
falsify, conceal or cover up by a trick, scheme or devise a material fact,
make any false or fraudulent statement or representation, or make or use
any false writing or document, knowing the same to contain any false or
fraudulent statement or entry.
(24) Commission of fraud, misrepresentation, concealment, dishonest dealing
by trick, scheme or device, culpable negligence, or breach of trust in any
title loan transaction in the city; or aiding, assisting or conspiring with any
other person engaged in any such misconduct and in furtherance thereof.
(b) Upon a finding by the city that the licensee or applicant has committed any of the
acts set forth in subsection (a) hereof, the city may enter an order and take one
or more of the following actions:
(1) Deny the application for license pursuant to this article.
(2) Revoke or suspend a license previously granted pursuant to this part.
(3) Place a licensee or applicant for a license on probation for a period of
time and subject to such conditions as the city may specify.
(4) Issue a letter of concern or reprimand.
(5) Place permanent restrictions or conditions upon issuance or maintenance
of a license pursuant to this article.
(6) Impose an administrative fine not to exceed two thousand five hundred
dollars ($2,500.00) for each violation of this part.
(7)
The city shall be entitled to a reasonable attorney's fee, including
appellate fees and costs, in an action successfully enforcing any fine
imposed under this part.
(c) When the city has reasonable cause to believe that a licensee is operating in
violation of this part, it may bring a civil action in any court of competent
jurisdiction to enforce or administer this part, including a temporary or permanent
injunction, or appointment of a receiver.
(d) The city may adopt rules which set forth with specificity acts or practices which
violate this part and which prescribe procedural rules for the administration of this
part.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-66. Transition period for regulations, restrictions and licensure provisions.
Each secondhand dealer operating as a title loan lender on the effective date of the
ordinance from which this article derives (December 14, 1998) shall have six (6) months from
the effective date of the ordinance to comply with the regulations, restrictions and licensure
provisions of this part before the city may initiate any administrative or civil action, or refer a
matter for criminal prosecution.
(Ord. No. 75-98-13, § 1, 12-14-98)
Secs. 21-67-21-74. Reserved.
ARTICLE V. VEHICLES FOR HIRE
Sec. 21-75. Definitions.
Sec. 21-76. Classification of vehicles for hire.
Sec. 21-77. Manner of advertising
Sec. 21-78. Printed matter appearing on a vehicle for hire, (except limousines); certain
information required; advertising regulated.
Sec. 21-79. Inspection of vehicles.
Sec. 21-80. Equipment and safety requirements for vehicles for hire.
Sec. 21-81. Meters required for taxicabs.
Sec. 21-82. Drivers of vehicles for hire.
Sec. 21-83. Engaging in criminal activity.
Sec. 21-84. Rates and charges.
Sec. 21-85. Citations authorized; penalties provided.
Sec. 21-75. Definitions.
Whenever used in this article, the following words and terms shall have the following
meanings:
Driver includes every individual operating a vehicle for hire either as owner, agent,
employee, or otherwise pursuant to a local business tax receipt issued as herein provided.
Vehicle for hire shall mean all motorized vehicles defined and classified in section.
Street shall mean and include all public streets, avenues, boulevards, alleys, lanes,
highways, sidewalks, public parks, parking roads, and other public places laid out for the use of
vehicles.
Taximeter shall mean a mechanical or electronic device which calculates and displays a
predetermined rate and indicates the charge for hire of a taxicab and which also records and
indicates a fare, rate or charge based on waiting time, extra passengers, initial charge and other
fares, rates or charges.
Transport shall mean to operate or cruise over the streets of the city and its adjacent
territory for the purpose of moving passengers or goods from one (1) point to another.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-76. Classification of vehicles for hire.
For the purpose of construing and applying the terms of this chapter all motorized
vehicles which operate over and upon the streets and driveways of the city for the transportation
of person(s) for compensation shall be classified and defined as follows:
(a) Bus. Any bus, omnibus or other vehicle designed and constructed to comfortably
transport seven (7) or more persons, which is not used for regularly conducted
amusement rides or sight-seeing tours, and is not operated by another
governmental agency.
(b) Cruising car. Any vehicle for hire based upon a pre -established schedule of flat
charges rather than by taximeter calculation, with an open touring or sedan body,
designed and constructed to comfortably transport not more than six (6) persons,
including the driver.
(c) Limousine. A vehicle for hire only by prearrangement at a rate charged per hour,
or fixed in advance, and is a chauffeured, luxury class passenger vehicle that is
built or modified for the purpose as a limousine.
(d) Sightseeing cars. A vehicle for hire designed and constructed to seat seven (7)
or more persons used in regularly conducted sightseeing trips, which originate
from and terminate at a single specified point, the destination or route of which is
not under the direction of the passenger or passengers transported therein;
which is not used as a means of local transportation within the city; and which
neither receives nor discharges passengers along its routes.
(e) Taxicabs. Any vehicle which is rented from a stand in the street or from a private
station or garage, the destination and route of which is under the direction of the
passenger or passengers transported therein, and fitted with a taximeter or other
mechanical device by which the charge for hire is mechanically calculated by
measuring and recording either the distance traveled with such vehicle or the
waiting time or both.
(f)
Van. Any vehicle recognized as either a full-size passenger van or a passenger
vehicle on a van or truck chassis. The term shall not include a cargo or panel
van.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-77. Manner of advertising
No driver of a vehicle for hire shall be permitted to advertise such business before the
public under any other name or names than the specified name or names recited in the
particular business tax receipt under which such holder is authorized to engage in the business
of the transportation of person(s) for compensation.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-78. Printed matter appearing on a vehicle for hire, (except limousines); certain
information required; advertising regulated.
(a) The name of the company or firm operating a vehicle for hire shall be
permanently displayed on both the right and left sides and the rear of the vehicle
so that the name shall be plainly visible, with lettering at least four (4) inches in
height, and made to reflect lights shined on them in the dark.
(b) Each vehicle for hire shall have attached to the outside left rear portion of the
vehicle the numbered medallion issued by the City of Jacksonville.
(c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no
portion extends below the bumper or beyond either side, and so as not to
interfere in any manner with full vision through the rear window of the vehicle.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-79. Inspection of vehicles.
It shall be the duty of every driver to subject the vehicle to a complete and thorough
inspection as required by the City of Jacksonville. Written certification of such inspection shall
be maintained in the vehicle while operating in the City of Atlantic Beach.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-80. Equipment and safety requirements for vehicles for hire.
All vehicles in service as vehicles for hire shall have the following equipment on each
vehicle, which equipment shall be maintained in good working condition.
(a) Front and rear lights meeting state standards and a dashboard light that will
indicate when any of the vehicle's doors are not securely closed;
(b) Adequate brakes on all wheels;
(c) Tires of the quality of original equipment as specified by the manufacturer, or
better;
(d) Speedometer in good working order;
(e) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be
easily cleaned and shall be free of tears and cuts;
(f) Seatbelts for the driver and all passengers;
(g)
An unexpired A, B, C type fire extinguisher (minimum size of two and one-half
(2.5) lbs.);
Adequate heater and air conditioner;
All seats in a shuttle vehicle shall be factory installed only;
Except for limousines, there shall be no shades, blinds or curtains between the
rear seat or seats and the driver's seat, nor shall any shades, blinds or curtains
shield the occupants or the for -hire driver from observation or obstruct the view
through the rear window.
All vehicles for hire shall be maintained in a clean, well -painted manner so as to provide
a generally good appearance. It shall be unlawful to operate any vehicle as a vehicle for hire
which does not comply with the provisions of this section.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-81. Meters required for taxicabs.
Every taxicab operating as a metered taxicab shall have affixed thereto, in
operating condition, a taximeter.
The face of every taximeter shall be visible from the passenger compartment of
every taxicab at all times and, after sundown, shall be illuminated by a suitable
light so arranged as to throw a continuous steady light thereon.
No taxicab shall be permitted to operate as both a metered and non -metered
(zone rate) vehicle. Each vehicle shall be identified in a manner to designate its
status as a metered or non -metered vehicle.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-82. Drivers of vehicles for hire.
Unless otherwise enumerated in this article all drivers of vehicles for hire, while
operating in the City of Atlantic Beach, will adhere to the for "For -Hire Drivers" of Duval County,
as set forth in the Code of Ordinances, City of Jacksonville, chapter 220.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-83. Engaging in criminal activity.
Engaging in criminal activity while operating a vehicle for hire within the City of Atlantic
Beach may result, in addition to any charges under Florida State Statute, in civil fines as
contained within section 21-85 below. These activities include, but are not limited to the
following:
(a) Transporting passengers for the purpose of engaging in narcotic or prostitution
activity;
(b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-84. Rates and charges.
(a) Schedule of rates to be posted. There shall be posted in every vehicle for which
a local business tax receipt is issued under this article, and in full view of the
passengers in plain conspicuous letters, a schedule of rates, charges and fares
which shall be binding upon the operator of the vehicle and any collection of
rates, fares or charges, in excess thereof shall constitute a misdemeanor.
(b) Charging rates in excess of posted rates. No driver of a vehicle for hire shall
charge or demand from any customer any sum of money in excess of those rates
or charges posted in such vehicle.
(c) When rates not to be charged. No charge shall be made for time lost or distance
traveled while a vehicle for hire is disabled. No charge shall be made for traveling
empty while en route to pick up a passenger unless the person requesting the
vehicle for hire refuses to hire it after it arrives, in which case a charge equal to
the minimum rate under the schedule filed by the owner pursuant to this subpart
for the distance traveled empty may be collected.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-85. Citations authorized; penalties provided.
Violations of this chapter shall be punishable by fines as follows:
(a) First offense: (The current offense is the first offense if there have been no other
citations within the preceding twelve (12) months.) One hundred dollars
($100.00); however, if not paid within fourteen (14) calendar days, the fine
increases to one hundred and fifty dollars ($150.00);
(b) Second offense; (The current offense is a second offense if there has been only
one (1) previous citation within the preceding twelve (12) months.) Two hundred
and fifty dollars ($250.00); however, if not paid within fourteen (14) calendar
days, the fine increases to three hundred dollars ($300.00);
(c) Third and subsequent offenses: (The current offense is a third or subsequent
offense if there have been two (2) or more previous citations within the preceding
twelve (12) months.) Five hundred dollars ($500.00). If not paid within fourteen
(14) calendar days, then the right to operate within the City of Atlantic Beach
shall be suspended until the fine is paid or thirty (30) days, whichever is later.
(Ord. No. 75-13-18, § 1, 7-8-13)
Chapter 22 UTILITIES 1'[l]
ARTICLE I. IN GENERAL
Sec. 22-1. Combined sewer and water systems.
Sec. 22-2. Return investment policy for Buccaneer plant.
Sec. 22-3. Voluntary collection program to assist needy with utility bills.
Sec. 22-4. Authority to adjust or waive charges in appropriate cases.
Sec. 22-5. Accounts receivable write-offs.
Secs. 22-6-22-13. Reserved.
Sec. 22-1. Combined sewer and water systems.
The sewer systems of the Atlantic Beach, Oak Harbor, and Buccaneer plants are hereby
combined for financial reporting purposes only, and such combined systems shall hereafter be
known as the Atlantic Beach Sewer System. Likewise, the water systems of the Atlantic Beach,
Oak Harbor, and Buccaneer plants are hereby combined for financial reporting purposes only,
and such combined systems shall hereafter be known as the Atlantic Beach Water System. All
systems shall continue to meet any and all bond covenants, restrictions, and other applicable
laws.
(Ord. No. 80-93-52, § 1, 9-27-93)
Sec. 22-2. Return investment policy for Buccaneer plant.
The additional rates charged by the Buccaneer systems to customers outside the city
pursuant to section 22-27(2) for water and section 22-167(b) for sewer shall be considered a
return on investment, and such return on investment shall be contributed to the general fund of
the city unless a lesser amount of transfer is budgeted on an annual basis.
(Ord. No. 80-93-52, § 1, 9-27-93; Ord. No. 80-03-67, § 7, 9-22-03)
Sec. 22-3. Voluntary collection program to assist needy with utility bills.
The director of finance shall accept voluntary donations to be used to assist the needy to
pay city utility bills. The city manager is authorized to contract with a social service agency to
administer the city's "Atlantic Beach Cares" program of assistance. All guidelines for the
program will be set forth in a contract with the administering agency, such contract will include a
cancellation provision whereby either party may terminate the contract upon a thirty -day
advance written notice to the other.
(Ord. No. 80-96-59, § 1, 10-28-96; Ord. No. 80-01-64, § 1, 1-14-02)
Sec. 22-4. Authority to adjust or waive charges in appropriate cases.
(a) Right to dispute. Every utility customer shall have the right to have any disputed
or believed erroneous billing reviewed by an employee of the finance department
who is empowered to adjust such billings for overcharging or charging for
services not rendered. The finance director shall designate such employees to
hear customer disputes and adjust bills to rectify any error and shall make at
least one (1) such employee available to customers during regular office hours
and such other times as the finance director deems necessary and appropriate.
(b) Authority to adjust or waive charges. The adjustment will be made in those cases
where the complaints are well founded and adjustments are appropriate. The city
may waive or assess late fees and service charges when there is a reasonable
basis to believe that the fees or service charges have been assessed or not
assessed in error. The city may also waive late fees when it appears that the
customer has made a reasonable effort to deliver payment in a timely manner or
when that payment was late due to circumstances beyond the control of the
customer. The city may also grant a one-time waiver of the delinquent fee at the
request of the customer after determining that the payment history is good and
considering the circumstances causing the delinquency.
(c) The city may extend the due dates for customers that are on a fixed income for a
time period not to exceed fifteen (15) days past the original due date. The
extensions are for the purpose of helping customers on fixed income pay for
services at anytime during the month without penalty. The extension however
does not extend the time period for cutoff purposes. Consideration of such an
extension will be given to those customers with a good payment history and who
are willing to sign a statement regarding the income limitations of those in the
household. The customer must attest that the only household income received is
that of social security or disability income or that the total income of the
household is lower than an amount considered a poverty income level by the
department of health and human services. The city will place the customer's
deposit in a hold status for the duration of the special arrangement.
(d) Terms of adjustment. When a customer is determined by the city to have been
overcharged or undercharged as a result of incorrect meter reading, defective
metering, incorrect application of rate schedule fees and charges, or a mistake in
billing or in the billing and collection process, the amount so determined may be
credited or back -billed to the customer. The adjustment shall be accomplished
over a period not to exceed six (6) months, unless otherwise directed by the
finance director or his authorized representative and so noted on the account. If
meter malfunctions are caused by tampering or customer -inflicted damage, the
back -billed period may be extended to the maximum period allowed by state
statute.
(e) Adjustment for leaks on consumer's side of meter. An adjustment may be made
to the rate charged for excessive water volume consumed as a result of a leak on
the user's side of the meter where the discharge entered the sanitary sewer
system. The adjustment for water and sewer volume charges would be based on
water usage in excess of that location's average normal monthly consumption for
the previous twelve-month period. The adjusted rate for those excess gallons
used would be the rate in effect for the zero (0) to three -thousand -gallon usage
per month block rate.
Also, an adjustment to the volume billed may be made to the sewer volume portion of
the utility bill as a result of a leak on the consumer side of the meter if the water service was
broken at the point where the discharge did not enter the sanitary sewer system. The city shall
decide the extent of the adjustment based on water usage in excess of that location's average
monthly usage for the previous twelve-month period.
Any request for an adjustment for either water volume or sewer volume charges must be
accompanied by documentation of the leak, in a format acceptable to the city.
No allowances will be made due to running water due to weather conditions.
(f)
Adjustments for filling a swimming pool. A one-time, per owner, allowance or
adjustment of volume billed for gallons used may be made to the rate charged for
excessive water consumed as a result of filling a swimming pool. The adjustment
would be based on water usage in excess of that location's normal monthly
usage based on prior consumption history of the previous twelve-month period.
The adjusted water volume rate for those excess gallons used would be the rate
in effect for the zero (0) to three -thousand -gallon usage per month block rate.
The sewer volume billed is to be adjusted down to the average normal monthly
usage.
Any request for an adjustment for water and sewer volume charges for filling a
swimming pool must be accompanied by documentation for a new pool or repair, in a format
acceptable to the city.
(Ord. No. 80-01-63, § 1, 2-26-01; Ord. No. 80-01-64, § 2, 1-14-02; Ord. No. 80-03-67, § 6,
9-22-03; Ord. No. 80-05-70, § 1, 2-14-05; Ord. No. 80-14-84, § 1, 2-10-14)
Sec. 22-5. Accounts receivable write-offs.
The city will adopt write-off policies and procedures for uncollectible accounts and
periodically update the city commission when write-offs occur.
(Ord. No. 80-01-63, § 2, 2-26-01)
Secs. 22-6-22-13. Reserved.
ARTICLE II. WATERWORKS SYSTEM I"[2]
Sec. 22-14. Application for water service.
Sec. 22-15. Tapping of mains, etc., restricted to city employees.
Sec. 22-16. Connection charges; initial payment of minimum water rental.
Sec. 22-17. Temporary service.
Sec. 22-18. Granting necessary easements by consumer.
Sec. 22-19. Right of access by city employees.
Sec. 22-20. Fees to establish service or reestablish service after cutoff or transfer.
Sec. 22-21. Testing of meters; liability for cost of testing; adjustment of bills.
Sec. 22-22. Fee established for re -read of meters.
Sec. 22-23. Liability of consumer for charges; no allowance to be made for vacant houses
unless water shut off.
Sec. 22-24. Basis for billing if meter fails to register.
Sec. 22-25. Determination of classification of service for each consumer.
Sec. 22-26. Property owner responsible to city for water charges.
Sec. 22-27. Charges for water service.
Sec. 22-27.1. Utility deposits.
Sec. 22-28. Water impact fees, installation charges, etc.
Sec. 22-29. Due dates and late fees.
Sec. 22-30. Private fire protection service.
Sec. 22-31. Reserved.
Sec. 22-32. Connection of private water systems to city system prohibited.
Sec. 22-33. Prohibited acts.
Sec. 22-34. Service to more than one property through same meter.
Sec. 22-35. Approved of plumbing prior to connection with water system.
Sec. 22-36. City not liable for interruptions in service; right of city to restrict use of water.
Sec. 22-37. Application for water service in new subdivisions; costs of pipes, etc., in
subdivisions to be paid by developer; exception.
Sec. 22-38. Extensions of water mains of more than one hundred feet in existing streets.
Sec. 22-39. Water conservation.
Sec. 22-40. Wells—Permit required.
Sec. 22-41. Same—Bacteriological tests for potable water.
Sec. 22-42. Definitions.
Sec. 22-43. Cross connections; backflow devices.
Secs. 22-44-22-55. Reserved.
Sec. 22-14. 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 authorized
agents, and the official title of the agent shall be shown on the application.
(Code 1970, § 27-1; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-15. 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; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-16. 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) 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.
(d) Payment of connection fees and system development charges shall be due and
payable prior to the issuance of a building permit. A complete building permit
application must be received on or before December 1, 2008, to be vested from
the new fees. A complete building permit application will be considered complete
when all items are submitted in accordance with the building department
checklist. To remain vested, the building permit application must remain current
in accordance with requirements of the Florida Building Code and will be void if
expiration of the application occurs in accordance with any state or local law.
System development charges are nontransferable.
Owners of all properties required to abandon existing septic tanks and connect to the
city sewer as per section 22-74 shall be allowed to pay the existing system development
charges prior to December 1, 2008, and delay connection to the city sewer until the expiration
date of their assessment. (Assessments on Beach Avenue expire in May 2010, and in Marsh
Oaks (f/k/a Section H) in November 2011.)
(Code 1970, § 27-3; Ord. No. 80-88-39, § 1, 3-14-88; Ord. No. 80-92-48, § 1, 7-27-92; Ord. No.
80-92-51, § 1, 11-23-92; Ord. No. 80-08-76, § 1, 8-25-08)
Sec. 22-17. 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; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-18. 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; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-19. 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; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-20. Fees to establish service or reestablish service after cutoff or transfer.
(a) A turn -on fee of twenty dollars ($20.00) will be charged to establish service for all
new customers.
(b) If water service is turned off upon the request of the customer, a reconnect fee of
twenty dollars ($20.00) shall be charged.
(c) If water service is turned off because of delinquency of payment, a reconnect fee
of thirty dollars ($30.00) shall be charged.
(d) If water service is transferred to another residence, a twenty dollar ($20.00)
transfer fee shall be charged.
(e) An additional charge of thirty dollars ($30.00) will be added to the turn -on charge
for service requested before 8:00 a.m. and after 4:30 p.m. on business days.
(Code 1970, § 27-6; Ord. No. 80-85-25, § 1, 3-11-85; Ord. No. 5-85-15, § 2, 1-13-86; Ord. No.
80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-00-62, § 1, 9-25-00; Ord.
No. 80-02-66, § 1, 1-27-03)
Sec. 22-21. Testing of meters; liability for cost of testing; adjustment of bills.
Upon written request of a consumer, the meter will be tested by the city. The city will
require a deposit to defray cost of testing. Such deposit shall be as follows:
Meter Size Fee
(inches)
5/8 by 3/4 $ 25.00
1 and 1'/2 25.00
2 25.00
Above 2 Actual cost
If the meter, when tested, is found to be not more than two (2) percent fast, the deposit shall be
forfeited to the city as a service charge for conducting the test; otherwise, the expense of the
test will be borne by the city and billing adjustments for a period not to exceed twelve (12)
months will be made.
(Code 1970, § 27-7; Ord. No. 80-86-33, § 1, 11-24-86; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-22. Fee established for re -read of meters.
Upon request of a consumer, the meter will be re -read by the city. A fee of twenty dollars
($20.00) will be charged for all customer -requested re -reads when it is determined that the initial
read was not in error. At the discretion of the city manager, or his designee, the city may
perform a re -read at no cost to the consumer.
(Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-02-66, § 2,
1-27-03)
Sec. 22-23. Liability of consumer for charges; no allowance to be made for vacant
houses unless water shut off.
Liability for service shall begin on the day the consumer is connected to the city water
main and shall continue thereafter until the service is disconnected for nonpayment or for other
cause, or after written notice is given the city by the consumer of his desire to terminate the
service. No allowance will be made for vacant houses unless a request in writing to have the
water shut off is received by the city, nor will any allowance be made for any shut-off period less
than thirty (30) days.
(Code 1970, § 27-8; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-24. Basis for billing if meter fails to register.
If any meter on a consumer's premises is destroyed by fire or other causes or fails to
register, the consumer will be billed for the period involved on a basis of previous consumption.
(Code 1970, § 27-9; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-25. Determination of classification of service for each consumer.
The city manager, or some person designated by him, shall have the authority to
determine what type of service shall be rendered by the city to each consumer.
(Code 1970, § 27-10; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-26. Property owner responsible to city for water charges.
The city will install and properly maintain, at its own expense, such meters and
associated piping as may be necessary to measure the water service used by the consumer. All
meters and associated piping and meter box or wault installed by the city shall remain the
property of the city. It shall be unlawful for anyone to tamper with any city appurtenances of
water services. The consumer shall protect the city's meter and appurtenances. In the event of
any loss or damage to the property of the city caused by or arising out of carelessness, neglect
or misuse by the customer, the cost of replacing or repairing such damaged property shall be
paid by the customer or property owner.
(Code 1970, § 27-11; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-27. Charges for water service.
The reasonable rates, rentals, fees and other charges for the use of the services and
facilities of the city waterworks system are hereby found and determined to be and are hereby
fixed and established as follows:
(1) Monthly water base facility charges for customers inside the city: A monthly water
base facility charge will be levied upon each connection in accordance with the
following table:
Effective
October 1, 2009
Residential
Single-family residential and single-family $8.97 per account
individually -metered mobile homes
Multifamily residential 6.73 per unit
Master -metered mobile homes 6.73 per site
Travel trailers 6.73 per site
Hotel/motel 6.73 per room
Hotel/motel with kitchen 6.73 per room
Commercial
Master -metered commercial 8.97 per unit
Restaurants, laundries, and car wash Based on meter size phase in table below
connections
All other commercial customers Based on meter size phase in table below
Irrigation
All residential 8.97 per account
All commercial Based on meter size phase in table below
Water base facility charges for the commercial classifications are based upon the meter size
and they will become effective as follows:
Meter Size Effective
in inches October 1, 2009
5/8 or % $8.97
1 11.22
11/2 22.43
2 35.85
3 71.73
4 112.08
6 224.17
8 358.67
(2) Schedule of water volume charges for customers inside the city.
(a) Single units: There are hereby established inclining block volume charges
for single-family residential and single-family individually -metered mobile
homes, per account, as follows:
Block Upper Limit Rate per 1,000 gallons
(Gallons per month) Effective
October 1, 2009
1 3,000 $1.02
2 8,000 2.44
3 13,000 2.88
4 18,000 4.31
5 Over 18,000 6.50
Block
1
2
(b) Multiple units and commercial accounts: There is hereby established an
inclining block volume charge for all multiunit residential and multiunit
commercial accounts as follows:
Upper Limit Rate per 1,000 gallons
(Gallons per month) Effective
October 1, 2009
2,000 $1.02
Over 2,000 2.44
(c) Single unit irrigation: There is hereby established an inclining block
irrigation volume charge for all single-family residential and single-family
individually -metered mobile homes, per account, as follows:
Block Upper Limit Rate per 1,000 gallons
(Gallons per month) Effective
October 1, 2009
1 13,000 $2.88
2 18,000 4.31
3 Over 18,000 6.50
(d) Multiple unit and commercial irrigation: There is hereby established an
inclining block volume charge for all multiunit residential irrigation
accounts and all commercial irrigation accounts as follows:
Block Upper Limit Rate per 1,000 gallons
(Gallons per month) Effective
October 1, 2009
1 3,000 $1.02
2 Over 3,000 2.44
(3)
Commercial outside the city: The rates applicable to customers outside of the city
shall be one and one-quarter (1.25) times the rates above for both monthly water
base facility charges and water volume charges.
(Code 1970, § 27-12; Ord. No. 80-81-20, 9-28-81; Ord. No. 80-85-27, § 1, 4-8-85; Ord. No.
80-91-45, § 1, 12-16-91; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-00-62, § 2, 9-25-00;
Ord. No. 80-03-67, § 1, 9-22-03; Ord. No. 80-04-69, § 1, 7-26-04; Ord. No. 80-05-72, § 1,
9-26-05; Ord. No. 80-06-73, § 1, 9-25-06; Ord. No. 80-07-74, § 1, 9-24-07; Ord. No. 80-08-78, §
1, 10-27-08; Ord. No. 80-10-80, § 1, 9-27-10)
Sec. 22-27.1. Utility deposits.
(a) A deposit of one hundred twenty-five dollars ($125.00) will be required for all new
single-family residential accounts. A deposit representing two (2) months'
average charges for utility services, i.e., water, sewer, stormwater and garbage,
will be required for all other new utility accounts. Upon termination of utility
services, the customer's deposit will first be applied to any balances owed on his
account. Any balance remaining will be refunded to the customer or transferred
to another account upon request of the customer.
(b) The deposit of any customer shall be refunded after twenty-four (24) months from
the date of deposit, provided the customer is current in all payments and has
timely made all payments during the preceding twenty-four (24) months. If any
customer becomes delinquent in payments after his deposit has been refunded
pursuant to this section, the city may require an additional deposit for service to
continue.
(Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-96-58, § 1, 10-28-96; Ord. No. 80-00-62, § 3,
9-25-00; Ord. No. 80-04-68, § 1, 7-26-04)
Sec. 22-28. Water impact fees, installation charges, etc.
The following schedule of rates and installation charges for water connections, facilities,
service and water provided or furnished by the city through its waterworks system is hereby
adopted and established:
(1) Water tap and meter installation charges. Charges for providing and approving
connections to the water system with installation charges performed by the city
are as follows and shall be in addition to system development charges.
a. All units. Cost for labor and materials as provided in section 2-368 of the
City Code.
Approved utility contractors may construct larger services at their own expense, but will be
subject to a two -hundred -dollar inspection fee.
All new construction, rehabilitation and/or remodeling will require cross -connection control
devices and shall be assessed an inspection fee as follows:
Two-inch and under ... $ 50.00
Over two-inch ... 200.00
Reinspection visit ... 50.00
b. Meter charge. All meters will be furnished by the city and the cost is
included in the established installation charge.
c. Change in service size. Whenever a user requests a change in the size of
a service previously installed, such user shall accompany such request
with payment of the same charges per schedule a above, together with
any meter cost involved, as are applicable to the new service requested.
The user shall also be required to pay any and all increases in capital
improvement charges from the existing meter size to the meter size
requested, whether or not the existing service was required to pay any
fees, utilizing the rates in effect at time of request.
d. Change in service location. Whenever a user requests a change in
location of a service connection previously installed, such user shall
accompany such request with payment of the same charges, per
schedule (1)a., for installation.
e. System development charge.
Size of Meter Charge
(inches)
3/4 $1,140.00
1 1,904.00
11/2 3,796.00
2 6,076.00
3 11,400.00
4 19,004.00
6 37,996.00
8 60,796.00
Disposition, use of revenues. All revenues collected by the city for water capital improvement
charges shall be deposited and held in a special fund to be known as and hereby designated
"the water capital improvement fund". The monies deposited and held in said fund and all
interest accrued thereto shall be used only for the improvements, expansion and/or replacement
of the water system of the city.
(Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-05-71, § 1, 3-14-05; Ord. No. 80-08-76, § 2,
8-25-08)
Sec. 22-29. Due dates and late fees.
Bills for minimum and excess water will be rendered at regular intervals, but the
rendering of bills is not an obligation on the part of the city, and failure of the consumer to
receive the bill shall not release or diminish the obligation of the consumer with respect to
payment thereof, or relieve the consumer of any obligation under this chapter. The bills for
service shall be due and payable on the date of billing and shall become delinquent fifteen (15)
days thereafter. If the bill is not paid within fifteen (15) additional days (or thirty (30) days from
the billing date), service will be discontinued. A reconnect fee will be required to be paid, along
with the full amount of the bill, prior to service being restored.
(Code 1970, § 27-13; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord.
No. 80-96-57, § 1, 2-12-96; Ord. No. 80-03-67, § 5, 9-22-03)
Sec. 22-30. Private fire protection service.
Fire protection service charges shall be billed the monthly water base rate for a
three -fourth's -inch meter. Fire protection service, either private hydrants or sprinkler systems,
shall be installed from the connection to the main inward at the expense of the consumer. All
such installations shall be made in strict accordance with 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. No taps will be allowed which may be used for other than fire protection
purposes, and unless pursuant to special permit from the city manager, there shall be no
connection with any other source of water except in case a storage tank or fire pump is installed
as a secondary supply for such fire protection.
Fire protection services on new facilities shall have a detector check meter installed on
the fire line. Customers with existing fire protection services will be required to install a detector
check meter on the fire line. No water volume charge shall be made for water used while
fighting a fire or testing the fire sprinkler system; however, evidence with documentation of such
fire fighting or equipment testing may be required by the city. Water used for other than fire
fighting or testing of the sprinkler system will be charged the normal volume rate and the base
charge appropriate for the size of meter, and the city may require the customer to install an
appropriately sized meter on the fire service line.
(Code 1970, § 27-14; Ord. No. 80-05-71, § 1, 3-14-05; Ord. No. 80-14-86, § 1, 7-28-14)
Sec. 22-31. Reserved.
Editor's note—
Ord. No. 80-05-70, § 1, adopted Feb. 14, 2005, repealed § 22-31, which pertained to leaks
on consumer's side of the meter and derived from 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
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
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, engineering, 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
dedicated prior to January 1, 1961, requiring an extension in excess of one hundred (100) feet,
shall be approved by the city commission. If the city commission finds that it is not economically
feasible to construct the water line and the applicant provides the necessary funds to construct
the line, the city and the applicant shall agree by written contract to the refunding to the
applicant of the funds. The method and amount of refunding shall be negotiated between the
applicant and the city.
(Code 1970, § 27-22)
Sec. 22-39. Water conservation.
(a) The city hereby adopts each of the provisions set forth in the district's rule
40c -2.042(2)(a), F.A.C., which regulates small irrigation uses below consumptive
use permit thresholds, regardless of whether the water comes from ground or
surface water, from a private well or pump or from a public or private utility.
(b) A variance from the specific landscape irrigation days or day set forth in Rule
40C -2.042(2)(a)1. and 2., F.A.C. may be granted if strict application of the
scheduled days or day would lead to unreasonable or unfair results in particular
instances, provided that the applicant demonstrates with particularity that
compliance with the scheduled days or day will result in substantial economic,
health or other hardship on the applicant requesting the variance or those served
by the applicant. Where a contiguous property is divided into different zones, a
variance may be granted hereunder so that each zone may be irrigated on
different days or day than other zones of the property. However, in no event shall
a variance allow a single zone to be irrigated more than two days per week
during daylight savings time or more than one (1) day per week during eastern
standard time.
(c) District Rule 40C -2.042(2)(a), F.A.C. will be enforced by the city's code
enforcement officer through the city's code enforcement process pursuant to
chapter 1 General Provisions, section 1-11 General penalty; continuing
violations.
(Ord. No. 80-10-79, § 1, 8-23-10)
Editor's note—
Section 1 of Ord. No. 80-10-79, adopted Aug. 23, 2010, repealed the former § 22-39 and
enacted a new § 22-39 as set out herein. The former § 22-39 pertained to water
shortages and derived from Ord. No. 80-82-21, adopted April 26, 1982; and Ord.
No. 80-08-75, adopted Jan. 28, 2008.
Sec. 22-40. Wells—Permit required.
Any person, firm, corporation, individual or other entity wishing to dig a water well for any
purpose within the corporate limits of the City of Atlantic Beach must first obtain, therefore, a
permit at a cost of ten dollars ($10.00) from the building department of the city of Atlantic Beach,
Florida.
(Ord. No. 80-85-29, § 1, 12-9-85)
Sec. 22-41. Same—Bacteriological tests for potable water.
Any person, individual, corporation or other entity receiving a permit as provided in
section 22-40 herein, and who plans to use water from the permitted well for drinking purposes,
must first obtain a bacteriological test report from the State of Florida health department,
furnishing a certified copy thereof to the building department of the City of Atlantic Beach,
Florida.
(Ord. No. 80-85-29, § 1, 12-9-85)
Sec. 22-42. Definitions.
Cross connection means any physical arrangement whereby a public water supply is
connected, directly or indirectly, with any other water supply system, sewer, drain, lawn
sprinkler, conduit, pool, storage reservoir, plumbing fixtures, appliances, or other devices which
contain or may contain contaminated water, sewage or other waste or liquid of unknown or
unsafe quality which may be capable of imparting contamination to the public water supply as
the result of backflow. Bypass arrangements, jumper connections, removeable sections, swivel
or changeable devices and other temporary or permanent devices through which or because of
which backflow could occur are considered to be cross connections.
(Ord. No. 80-92-50, § 1, 10-12-92)
Sec. 22-43. Cross connections; backflow devices.
(a) No consumer of water from the city water system shall have a cross connection
or potential cross connection either inside or outside of any building or buildings
without a backflow prevention device being installed to prevent any and all
backflow.
(b) Only the following are considered to be backflow prevention devices and shall be
installed in agreement with and under supervision of the supplier of water or his
designated representative:
(1) Air gap separation. A physical separation between the free-flowing
discharge end of a potable water supply pipeline and an open or
nonpressure receiving vessel. This gap must be at least double the
diameter of the supply pipe measuresd vertically above the rim of the
vessel and in no case less than one (1) inch.
(2) Reduced -pressure backflow preventer. A device containing within its
structure a minimum of two (2) independently acting, approved check
valves, with an automatically operating pressure differential relief valve
located between the two (2) check valves that will discharge to the
atmosphere if the check valves should fail. This unit shall include tightly
closed shut-off valves located at each end of the device and each device
shall be fitted with properly located test cocks.
Atmospheric vacuum breaker. This device is operated by atmospheric
pressure in combination with the force of gravity. The unit is designed to
work on a vertical plane only. The one moving part consists of a poppet
valve which must be carefully sized to the slide in a guided chamber and
effectively shut off the reverse flow of water when there is a negative
pressure.
(4) Pressure vacuum breaker. This device is similar to an atmospheric
vacuum breaker, except that the checking unit "poppet valve" is activated
by a spring and does not require a negative pressure to react.
Double check -valve assembly. An assembly composed of two (2) single,
independently acting drip -tight check valves, including tightly closing
shut-off valves at each end and suitable connections for testing the water
tightness of each check valve.
(c) The city or its representatives with proper identification may enter at any time
inside or outside of any building or buildings for the purpose of checking for cross
(3)
(5)
connections. If a cross connection or potential cross connection is found, the city
shall have the right to discontinue water services until the problem has been
corrected by elimination or until a proper backflow prevention device has been
installed. All backflow prevention devices will be checked periodically by a city
representative to insure proper operation.
(d) These provisions relative to a cross connection have been established for the
protection of all the inhabitants of the city and to comply with Chapter
17-22.107(4), Florida Administrative Code.
(e) All water services and plumbing fixtures shall conform to the latest edition of the
City of Atlantic Beach Cross Connection Control Policy Manual.
(Ord. No. 80-92-50, § 1, 10-12-92)
Secs. 22-44-22-55. Reserved.
ARTICLE III. WASTEWATER SYSTEM I"'[3]
DIVISION 1. GENERALLY
Sec. 22-56. Definitions.
Sec. 22-57. Maliciously damaging, etc., facilities.
Secs. 22-58-22-70. Reserved.
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 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
overflows, 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 value of 7 and a hydrogen ion concentration of 10-7
Properly shredded garbage shall mean the wastes from the preparation, cooking, and
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.
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
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 facilities 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. 1, §§ 1-26), 6-27-83)
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, § 1(Art. VI, § 1), 6-27-83)
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.
Sec. 22-72. Discharging untreated wastewater or polluted waters into natural outlets, etc.
Sec. 22-73. Constructing privies, septic tanks, cesspools.
Sec. 22-74. Installation of toilet facilities required; connection of facilities to public sewer.
Secs. 22-75-22-85. Reserved.
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. 11, § 1), 6-27-83)
Sec. 22-72. Discharging untreated wastewater or polluted waters into natural outlets,
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, § 1(Art. 11, § 2), 6-27-83)
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. 11, § 3), 6-27-83)
Sec. 22-74. Installation of toilet facilities required; connection of facilities to public
sewer.
(a) The owners of all houses, buildings or properties used for human occupancy,
employment, recreation, or other purposes, and situated within the city are
hereby required at the owner's expense to install suitable toilet facilities therein.
(b) The owners of all properties described in (a) above shall connect their toilet
facilities to public sewer, provided the public sewer is within one hundred (100)
feet or thirty and five -tenths (30.5) meters of the property line, as follows:
(1) If new construction, then immediately.
(2) If currently under an assessment for installation of public sewer lines
(whether already paid off or still paying), connection shall be made within
one (1) year after expiration of the assessment. (Assessments in Ocean
Grove expire December, 2006, on Beach Avenue in May, 2010, and in
Marsh Oaks (f/k/a Section H) in November, 2011.)
If not currently under an assessment for installation of public sewer lines,
connection shall be made within five (5) years of the effective date of this
section.
(3)
(4) If failure of an OSDS occurs, then immediately. Failure of an OSDS is
defined in section 22-90-(b), copy attached.
(c) The owners of all properties described in (a) above where public sewer is not
currently available, but becomes available in the future, shall connect their toilet
facilities to public sewer as follows:
(1) Within ninety (90) days after date of official notice from the city to do so.
Official notice shall be complete upon mailing said notice to the property
owner at the property address and at his or her last known address, if
any.
(2) If failure of an OSDS occurs, and public sewer is available, then
immediately. Failure of an OSDS is defined in section 22-90(b), copy
attached.
(d) Failure of any property owner to connect to public sewer as required shall be
unlawful and subject to all penalties, including, but not limited to, the following:
(1) General penalty as provided in section 1-11, copy attached;
(2) Prosecution before the code enforcement board;
(3) Billing for appropriate services retroactive to the date connection should
have been made. The amount of any such billing shall be in accordance
with city practice, in at least the amount of minimum billing for the
appropriate services.
(e) The city may, from time to time, offer financial assistance and incentives to
property owners to encourage a more rapid conversion from an OSDS to public
sewer. Any financial assistance and incentives shall be as set forth in a
resolution duly adopted by the city commission.
(Ord. No. 80-83-23, § I(Art. 11, § 4), 6-27-83; Ord. No. 80-94-53, § 1, 11-28-94; Ord. No.
80-00-61, § 1, 5-22-00)
Secs. 22-75-22-85. Reserved.
DIVISION 3. PRIVATE WASTEWATER DISPOSAL
Sec. 22-86. Construction of division.
Sec. 22-87. Where required.
Sec. 22-88. Permits.
Sec. 22-89. Compliance regarding type, capacities, location and layout.
Sec. 22-90. Connection to public sewers; failure of system; cleaning and filling.
Sec. 22-91. Maintenance.
Sec. 22-92. Written report required for failed private system.
Secs. 22-93-22-100. Reserved.
Sec. 22-86. Construction of division.
No statement contained in this division shall be construed to interfere with any additional
requirements that may be imposed by the public health and environmental authorities.
(Ord. No. 80-83-23, § 1(Art. 111, § 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, § 1(Art. 111, § 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
Jacksonville 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 information 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.
(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, § 1(Art. 111, §§ 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
Bioenvironmental Services Division.
(Ord. No. 80-83-23, § 1(Art. III, § 4), 6-27-83)
Sec. 22-90. Connection to public sewers; failure of system; cleaning and filling.
(a) At such time as a public sewer becomes available to a property served by a
private wastewater disposal system (onsite sewage disposal system [or OSDS]),
as provided in section 22-89, or when a failure of such OSDS occurs, the
property owner shall be notified by the city that a direct connection shall be made
to the public sewer within ninety (90) days in compliance with this article. Such
failed septic tanks, cesspools, and similar private wastewater disposal facilities
shall be cleaned of sludge and filled with suitable material. The requirement to
hook up to the city's sewer system will not be required of property owners who
began paying an assessment for sewer lines before February 1, 1995, unless
their OSDS fails. Property already served by the city sewer system shall remain
on the city sewer system.
(b) "Failure" is defined as a condition existing within an OSDS which prohibits the
system from functioning in a sanitary manner. Failure may result in the discharge
of untreated or partially treated wastewater onto ground surface, into surface
water, or into groundwater. Failure may cause building plumbing to discharge
improperly.
(Ord. No. 80-83-23, § 1(Art. Ill, § 5), 6-27-83; Ord. No. 80-94-53, § 2, 11-28-94)
Sec. 22-91. Maintenance.
The owner shall operate and maintain the private wastewater disposal facilities in a
sanitary manner at all times, at no expense to the city. Any and all maintenance or repair to a
private OSDS [onsite sewage disposal system] must be permitted and inspected by the city
building department.
(Ord. No. 80-83-23, § 1(Art. 111, § 6), 6-27-83; Ord. No. 80-94-53, § 3, 11-28-94)
Sec. 22-92. Written report required for failed private system.
At such time as a private OSDS [onsite sewage disposal system] fails, as defined in
section 22-90 of this article, a written report shall be made by the owner of such OSDS to the
city within seven (7) days of such failure.
(Ord. No. 80-94-53, § 4, 11-28-94)
Secs. 22-93-22-100. Reserved.
DIVISION 4. BUILDING SEWERS AND CONNECTIONS
Sec. 22-101. Costs and expenses; indemnification of city against loss, etc.
Sec. 22-102. Permits—Required.
Sec. 22-103. Same—Classification; application.
Sec. 22-104. Separate building sewer for each building; exception.
Sec. 22-105. Use of old building sewers.
Sec. 22-106. Conformance with building and plumbing codes.
Sec. 22-107. Elevation.
Sec. 22-108. Connection of roof downspouts, foundation drains, surface runoff, etc.
Sec. 22-109. Connections; conformance; making gastight and watertight; deviations.
Sec. 22-110. Inspections; supervision of connections.
Sec. 22-111. Barricading, restoring excavations.
Secs. 22-112-22-125. Reserved.
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, § 1(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, § 1(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
(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, § 1(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, § 1(Art. IV, § 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, § 1(Art. IV, § 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, § 1(Art. IV, § 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
watersource heat pumps to a building sewer or building drain which in turn is connected directly
or 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, § 1(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
requirements 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, § 1(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.
All excavations for building sewer installation within public right-of-way shall be
adequately 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, § 1(Art. IV, § 11), 6-27-83)
Secs. 22-112-22-125. Reserved.
DIVISION 5. USE OF PUBLIC SEWERS
Sec. 22-126. Construction of division.
Sec. 22-127. Discharging unpolluted waters into sanitary sewer; exception.
Sec. 22-128. Discharging storm water, etc., into storm sewers or natural outlets.
Sec. 22-129. Prohibited discharges.
Sec. 22-130. Limitations on discharge concentrations or quantities.
Sec. 22-131. Options of city manager regarding wastes listed in section 22-130.
Sec. 22-132. Grease, oil and sand interceptors.
Sec. 22-133. Pretreatment or flow -equalizing facilities.
Sec. 22-134. Structures for observation, sampling and measurement.
Sec. 22-135. Information for determination of compliance.
Sec. 22-136. Measurements, tests and analyses determinations.
Secs. 22-137-22-150. Reserved.
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 industrial
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 may
be polluted at times, may be discharged to the sanitary sewer by permission of the city
manager.
(Ord. No. 80-83-23, § 1(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 manager,
to a storm sewer or natural outlet.
(Ord. No. 80-83-23, § 1(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
quantity, either singly or by interaction with other wastes, to injure or interfere
with any waste treatment process, constitute a hazard to humans or animals,
(3)
create a public nuisance, or create any hazard in the receiving waters of the
wastewater treatment plant;
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
personnel 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 manure, 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
discharges 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
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
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
Fahrenheit (sixty-five (65) degrees Celsius), and a biochemical oxygen demand
and suspended 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
connected to sanitary sewers from homes, hotels, institutions, restaurants,
hospitals, catering establishments, or similar places where garbage originates
from the preparation of food in kitchens for the purpose of consumption on the
premises or when served by caterers;
Any waters or wastes containing iron, chromium, copper, zinc, and similar
objectionable or toxic substances to such degree that any such material received
in the composite wastewater at the wastewater treatment works exceeds the
limits established 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;
(5)
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;
Quantities of flow, concentrations, or both which constitute a "slug" as defined in
section 22-56;
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)
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)
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 responsible 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, § 1(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, § 1(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 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, § 1(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;
(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, § 1(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.
Sec. 22-152. Information concerning industrial processes.
Sec. 22-153. Observing safety rules; indemnification and liability.
Sec. 22-154. Easements.
Secs. 22-155-22-165. Reserved.
Sec. 22-151. Rights of entry of authorized employees.
The city manager and other duly authorized employees of the city and regulatory
agencies bearing proper credentials and identification shall ask permission to enter all
properties at reasonable times for the purpose of inspection, observation, measurement,
sampling, and testing pertinent to discharge to the community system in accordance with the
provisions of this article. The city shall have the right to suspend service if permission is denied.
(Ord. No. 80-83-23, § I(Art. VII, § 1), 6-27-83)
Sec. 22-152. Information concerning industrial processes.
The city manager or other duly authorized employees are authorized to obtain
information concerning industrial processes which have a direct bearing on the kind and source
of discharge to the wastewater collection system. The industry must establish that the revelation
to the public of the information in question might result in an advantage to its competitors.
(Ord. No. 80-83-23, § I(Art. VII, § 2), 6-27-83)
Sec. 22-153. Observing safety rules; indemnification and liability.
While performing the necessary work on private properties referred to in section 22-151,
the manager or duly authorized employees of the city shall observe all safety rules applicable to
the premises established by the company, and the company shall be held harmless for injury or
death to the city employees, and the city shall indemnify the company against loss or damage to
its property by city employees and against liability claims and demands for personal injury or
property damage asserted against the company and growing out of the gauging and sampling
operation, except as such may be caused by negligence or failure of the company to maintain
safe conditions as required in section 22-134.
(Ord. No. 80-83-23, § I(Art. VII, § 3), 6-27-83)
Sec. 22-154. Easements.
The city manager and other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter all private properties through which the
city holds a duly negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance of any portion of the wastewater
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, § 1(Art. VII, § 4), 6-27-83)
Secs. 22-155-22-165. Reserved.
DIVISION 7. SEWER USER RATES AND CHARGES
Sec. 22-166. Monthly wastewater base facility charges.
Sec. 22-167. Schedule of wastewater volume charges.
Sec. 22-168. Review and changes of rates.
Sec. 22-169. Connection fees.
Sec. 22-170. System development charge.
Sec. 22-171. Payment of connection fees and system development charges.
Sec. 22-172. Disposition of system development charges.
Sec. 22-173. Billing.
Sec. 22-174. Delinquent bills.
Sec. 22-175. Sewer charges applicable if sewer available.
Secs. 22-176-22-180. Reserved.
Secs. 22-181-22-190. Reserved.
Sec. 22-166. Monthly wastewater base facility charges.
Wastewater base facility charges will be levied monthly as follows:
(a) Monthly wastewater base facility charge for customers inside the city. A monthly
base charge will be levied upon each connection in accordance with the
following:
An equivalent residential unit (ERU) is defined as a wastewater connection that delivers three
hundred (300) gallons per day (gpd) of typically domestic wastewater flow to the waste stream,
or equivalent to a residence serviced by a three -fourths -inch water meter.
Effective
October 1, 2010
Residential
Single-family residential and single-family $20.46
individually -metered mobile homes, per
account
Multifamily residential, per unit 15.35
Master -metered mobile homes, per site 15.35
Travel trailers, per site 12.30
Hotel/motel, per room 10.26
Hotel/motel with kitchen, per room 12.30
Commercial
Master -metered commercial, per unit 20.46
Restaurants, laundries, and car wash 20.46 x ERU factor
connections
All other commercial customers 20.46 x ERU factor
The ERU factor for the commercial classification is based upon meter size as follows:
Meter Size ERU factor
in inches
5/8 x % 1.00
1 1.28
11/2 2.08
2 2.88
3 5.60
4 10.00
6 20.00
8 30.00
(b) Customers outside the city. The rates applicable to customers outside of the city
shall be one and one-quarter (1.25) times the rates above.
(Ord. No. 80-83-23, § !(Art. Vlll, § 1), 6-27-83; Ord. No. 80-85-28, § 1, 11-11-85; Ord. No.
80-86-30, § 1, 3-24-86; Ord. No. 80-86-31, § 1, 6-23-86; Ord. No. 80-87-34, § 1, 6-22-87; Ord.
No. 80-91-45, § 2, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95;
Ord. No. 80-00-62, § 4, 9-25-00; Ord. No. 80-03-67, § 2, 9-22-03; Ord. No. 80-04-69, § 2,
7-26-04; Ord. No. 80-05-72, § 1, 9-26-05; Ord. No. 80-06-73, § 1, 9-25-06; Ord. No. 80-07-74, §
1, 9-24-07; Ord. No. 80-10-80, § 1, 9-27-10)
Sec. 22-167. Schedule of wastewater volume charges.
(a) Customers inside the city. There are hereby established block volume charges
for customers inside the city as follows:
(1) Single-family residential and single-family individually -metered mobile
homes, per account, as follows:
Block Upper Limit Rate per 1,000 Gallons
(Gallons per month) Effective
October 1, 2010
1 3,000 $1.62
2 13,000 5.67
3 Over 13,000 0.00
Block
1
2
(2) Multiunit residential and all commercial units as follows:
Upper Limit Rate per 1,000 Gallons
(Gallons per month) Effective
October 1, 2010
3,000 $1.62
Over 3,000 5.67
(b) Customers outside the city. The rates applicable to customers outside of the city
shall be one and one-quarter (1.25) times the rates above.
(Ord. No. 80-83-23, § I(Art. VIII, § 2), 6-27-83; Ord. No. 80-83-24, § 1, 9-12-83; Ord. No.
80-85-28, § 2, 11-11-85; Ord. No. 80-86-31, § 2, 6-23-86; Ord. No. 80-88-38, § 1, 3-14-88; Ord.
No. 80-88-40, § 1, 6-13-88; Ord. No. 80-91-45, § 3, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92;
Ord. No. 80-95-55, § 3, 2-27-95; Ord. No. 80-00-62, § 5, 9-25-00; Ord. No. 80-03-67, § 3,
9-22-03; Ord. No. 80-04-69, § 2, 7-26-04; Ord. No. 80-05-72, § 1, 9-26-05; Ord. No. 80-06-73, §
1, 9-25-06; Ord. No. 80-07-74, § 1, 9-24-07; Ord. No. 80-08-78, § 1, 10-27-08; Ord. No.
80-10-80, § 1, 9-27-10)
Sec. 22-168. Review and changes of rates.
The uniform rates and charges established by this division may be reviewed annually, or
as directed by the city commission, and any change of rates and charges shall be established
by ordinance of the city commission after due public notification. Any rates and charges
established as provided in this division shall be binding with the same force and effect as if
incorporated in this section.
(Ord. No. 80-83-23, § I(Art. Vlll, § 3), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92)
Sec. 22-169. Connection fees.
Charges for providing and approving connections to the sewer system with installation
performed by the city are as follows and shall be in addition to impact fees.
All units: Cost for labor and materials as provided in section 2-368 of the City Code.
(Ord. No. 80-83-23 § 1(Art. Vlll, § 4), 6-27-83; Ord. No. 80-87-35, § 1, J-28-87; Ord. No.
80-92-51, § 3, 11-23-92)
Sec. 22-170. System development charge.
For each new connection to the city's system of sewerage, the following system
development charge shall be applicable:
Size of Water Connection Charge
(meter size, in inches)
3/4' $4,050.00
1" 6,764.00
11/2" 13,487.00
2" 21,587.00
3" 40,500.00
4" 67,514.00
6" 134,987.00
8" 215,987.00
The sewer system development charges are based upon the size of the water meter
serving the requested connection. In the event the city does not provide water service to the
property requesting sewer service, the city shall determine the appropriate charge based upon
the existing water service from another purveyor, the proposed water service size from another
purveyor or other such comparable determination method.
Disposition, use of revenues. All revenues collected by the city for sewer system
development charges shall be deposited and held in a special fund to be known as and hereby
designated the "sewer capital improvement fund." The monies deposited and held in said fund
and all interest accrued thereto shall be used only for improvements, upgrades or expansion of
the sewer system of the city.
(Ord. No. 80-83-23, § 1(Art. Vlll, § 5), 6-27-83; Ord. No. 80-89-42, § 1, 9-11-89; Ord. No.
80-92-51, § 3, 11-23-92; Ord. No. 80-08-76, § 3(a), 8-25-08)
Sec. 22-171. Payment of connection fees and system development charges.
Payment of connection fees and system development charges shall be due and payable
on the date of issuance of a building permit. A complete building permit application must be
received on or before December 1, 2008, to be vested from the new fees. A complete building
permit application will be considered complete when all items are submitted in accordance with
the building department checklist. To remain vested the building permit application must remain
current in accordance with requirements of the Florida Building Code and will be void if
expiration of the application occurs in accordance with any state or local law. System
development charges are nontransferable.
Owner of all properties required to abandon existing septic tanks and connect to the city
sewer as per section 22-74 shall be allowed to pay the existing system development charges
prior to December 1, 2008, and delay connection to the city sewer until the expiration date of
their assessment. (Assessments on Beach Avenue expire in May 2010, and in Marsh Oaks
(f/k/a Section H) in November 2011.)
For new and existing buildings or structures, the city manager may allow payment of
fees on an extended payment plan for up to fifteen (15) years if the owner has demonstrated to
the satisfaction of the city manager that the lump sum payment will constitute a hardship to the
applicant. A lien for the amount due shall be executed in recordable form reflecting the payment
schedule. Upon all payments being made in full, a release of lien shall be recorded.
(Ord. No. 80-83-23, § I(Art. Vlll, § 6), 6-27-83; Ord. No. 80-92-46, § 1, 6-22-92; Ord. No.
80-92-51, § 3, 11-23-92; Ord. No. 80-08-76, § 3(b), 8-25-08)
Sec. 22-172. Disposition of system development charges.
All revenues collected by the city through sewer system development charges 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, § l(Art. Vlll, § 7), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No.
80-08-76, § 3(c), 8-25-08)
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 computed as
provided in section 22-167 and rendered at the same time as city water bills.
(Ord. No. 80-83-23, § 1(Art. VIII, § 8), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92)
Sec. 22-174. Delinquent bills.
If any bill for monthly sewer, water or garbage service shall remain due and unpaid on
and after 5:00 p.m. on the fifteenth day from the billing date, dated on the bill, a penalty of ten
(10) percent of the amount due shall be imposed and added to the bill. If the bill remains unpaid
for a period of fifteen (15) 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 reconnect charge.
If, after discontinuation of services, the bill remains unpaid, the city may 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. Vlll, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 1-13-76; Ord. No.
80-92-51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord. No. 80-96-57, § 2, 2-12-96; Ord.
No. 80-03-67, § 4, 9-22-03)
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. 22-176-22-180. Reserved.
Editor's note
Ord. No. 80-04-69, § 2, adopted July 26, 2004, repealed §§ 22-176-22-180, which
pertained to the city sewage system and derived from Ord. No. 80-85-28, adopted
Nov. 11, 1985.
Secs. 22-181-22-190. Reserved.
DIVISION 8. SEWER SYSTEM EXTENSIONS
Sec. 22-191. Purpose.
Sec. 22-192. Construction of extension projects.
Sec. 22-193. Sewer service without water service.
Sec. 22-194. Design standards.
Sec. 22-195. Construction standards.
Secs. 22-196-22-300. Reserved.
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 (a)(1) 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 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 shall
also file, before final authorization to commence the project is 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, § 1(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 projects 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 representative
shall make periodic inspections and a final inspection certifying that the work as constructed
complies with established city standards, and shall submit a final project approval report to the
city.
(Ord. No. 80-83-23, § 1(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, sewerage, 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 approval 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 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.
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.
(3)
(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 property 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 of ownership. The property owner shall execute and deliver to the
city deeds or other evidences 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, § 1(Art. IX, § 5), 6-27-83)
Secs. 22-196-22-300. Reserved.
ARTICLE IV. STORMWATER MANAGEMENT IiV[4]
DIVISION 1. GENERALLY
Sec. 22-301. Short title.
Sec. 22-302. Findings of fact.
Sec. 22-303. Definitions.
Sec. 22-304. Relationship to comprehensive plan.
Sec. 22-305. Utility established.
Sec. 22-306. Directors.
Sec. 22-307. Duties and powers.
Sec. 22-308. Customer base.
Sec. 22-309. Enterprise fund.
Sec. 22-310. Billing and collection.
Secs. 22-311-22-330. Reserved.
Sec. 22-301. Short title.
This article shall be known and may be cited as the "Stormwater Management Utility
Ordinance of the City of Atlantic Beach."
(Ord. No. 80-90-43, § 1.1, 4-8-91)
Sec. 22-302. Findings of fact.
It is hereby found, determined, and declared as follows:
(1) The City of Atlantic Beach maintains system management facilities, including but
not limited to inlets, conduits, manholes, channels, ditches, drainage easements,
retention and detention basins, infiltration facilities, and other components as well
as natural waterways.
(2) Those elements of the Atlantic Beach storm and surface water management
system that provide for the collection, storage, treatment and conveyance of
stormwater are of benefit and provide services to all developed property within
Atlantic Beach.
(3)
The cost of operating and maintaining the stormwater management system and
the financing of existing and future repairs, replacements, improvements, and
extensions thereof should, to the extent practicable, be allocated in relationship
to the benefits enjoyed and services received therefrom.
(4) The stormwater management system has received inadequate maintenance, and
thus rehabilitation and replacement may be required.
Water quality is degrading because of erosion and the discharge of nutrients,
metals, oil, grease, and other substances into and through the stormwater
system.
(6) The public health, safety, and welfare is adversely affected by poor water quality
and flooding resulting from inadequate stormwater management practices.
Real property either uses or benefits from the presence and operation of the
stormwater management system.
(8) Use of the stormwater management system is dependent on factors that
influence runoff including land use and impervious area.
Florida local governments have authority to establish a stormwater utility
pursuant to the home rule powers provided in the Florida Constitution and
Chapter 166 and Section 403.0893 of the Florida Statutes.
(10) The Florida Legislature, through the adoption of Section 403.0893 of the Florida
Statutes, specifically authorized and encourages local governments to provide
stormwater management services as a utility function for which service charges
may be levied.
(11) New and dedicated funding for the stormwater management program of Atlantic
Beach is needed, and the levy of a stormwater utility fee is the most equitable
method of providing this funding.
(12) The federal Clean Water Act (33 USC 1251 et seq.) and implementing
regulations to be adopted by the federal Environmental Protection Agency (EPA)
will require permitting of certain municipal separate stormwater systems to
ensure that minimum water quality standards are met.
(13) The cost of meeting federal EPA permitting standards is unknown at this time but
could be substantial.
(5)
(7)
(9)
(14) The establishment of a stormwater management utility now will mitigate the
impact of costs associated with the adoption of municipal separate stormwater
systems permitting standards by the federal EPA.
(15) Adoption of a stormwater management utility program will generate revenues
needed to implement the level of service (LOS) standards contained in the
Atlantic Beach comprehensive plan drainage element and the capital
improvement element adopted in conformance with the requirements of Chapter
163 Florida Statutes.
(Ord. No. 80-90-43, § 1.2, 4-8-91)
Sec. 22-303. Definitions.
Unless specifically defined below, words or phrases shall be interpreted so as to give
them the meaning they have in common usage and to give this article its most effective
application. Unless specifically intended otherwise, words used in the singular shall include the
plural and the plural the singular; words used in the present tense shall include the future tense.
The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.
City shall mean the City of Atlantic Beach including staff and elected officials.
Drainage area shall mean the watershed area contributing surface water runoff to the
Atlantic Beach stormwater management system.
Impervious area means any part of any parcel of land that has been modified by the
action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes
areas that have been cleared, graded, paved, graveled or compacted, or covered with
structures. All lawns, landscape areas, and gardens or farming areas are excluded.
Manager shall mean the Atlantic Beach city manager or designee.
Stormwater means that part of the precipitation that travels over natural, altered, or
improved surfaces to the nearest stream channel or impoundment; and that which appears in
surface waters.
Stormwater management master plan shall mean a plan for receiving, handling, and
transporting storm and surface waters within the city stormwater management system.
Stormwater management system shall include all natural and man-made elements used to
convey stormwater from the first point of impact with the surface of the earth to a suitable outlet
location internal or external to the boundaries of the city. The stormwater management systems
includes all pipes, channels, streams, ditches, wetlands, sinkholes, detention/retention basins,
ponds, and other stormwater conveyance and treatment facilities whether public or private.
(Ord. No. 80-90-43, § 1.3, 4-8-91)
Sec. 22-304. Relationship to comprehensive plan.
This article implements the following goal and objective of the city's comprehensive plan:
(1) Goal: Adequate stormwater drainage will be provided to afford protection from
flooding and to prevent degradation of quality of receiving waters.
(2) Objective: The city shall identify drainage facility deficiencies and correct them
through provision of an efficient drainage system which will protect life, property
and the natural environment at a cost consistent with the public welfare.
(Ord. No. 80-90-43, § 1.4, 4-8-91)
Comprehensive plan, § 14-1.
Sec. 22-305. Utility established.
There is hereby created and established a stormwater management utility (SMU), which
shall be the operational means of implementing and otherwise carrying out the functional
requirements of the stormwater management system. The SMU shall be responsible for the city
stormwater management system and shall have equal status with the other utility services
provided by the city.
(Ord. No. 80-90-43, § 2.0, 4-8-91)
Sec. 22-306. Directors.
Directors of the stormwater management utility shall be members of the city commission.
(Ord. No. 80-90-43, § 2.1, 4-8-91)
Sec. 22-307. Duties and powers.
The stormwater management utility shall have all powers necessary for the exercise of
its responsibility for the drainage from all properties within the city including but not limited to the
following:
(1) Preparation of plans for improvements and betterments to the stormwater
management system.
(2) Construction of improvements and betterments to the stormwater management
system.
Promulgation of regulations for the use of the stormwater management system,
including provisions for enforcement of said regulations.
(4) Performance of routine maintenance and minor improvement to the stormwater
management system.
Establishment of individual utility fees for the connection and use of the
stormwater management system.
(6) Evaluation of water quality concerns for discharges to the stormwater
management system.
Performance of all normal utility functions to include construction, operation, and
maintenance of the city's stormwater management system including, but not
limited to, hiring of staff, the selection of special consultants, the entering into
contracts for services the purchase of lands and construction of facilities, and the
handling of purchase, lease, sale or other rights to property for the stormwater
management system.
(8) Issuance of revenue bonds for the purpose of performing those duties as
described herein.
(3)
(5)
(7)
(Ord. No. 80-90-43, § 2.2, 4-8-91)
Sec. 22-308. Customer base.
The owners of all real property within the jurisdictional boundaries of the city contributing
stormwater runoff to and/or benefitting from the stormwater management system shall pay utility
fees as established by separate ordinance. Base fees shall apply to all properties within the city,
including those properties classified as non-profit or tax-exempt for ad valorem tax purposes. It
shall apply to all government properties, including properties of the city.
(Ord. No. 80-90-43, § 3.0, 4-8-91)
Sec. 22-309. Enterprise fund.
A stormwater management utility trust fund, into which all revenues from user fees,
connection charges, grants, or other funding sources shall be deposited and from which all
expenditures related to the SMU shall be paid, is hereby established. Accounting and reporting
procedures shall be consistent with state law and reported annually to the city commission by
the city manager or designee. Expenditures from the fund for activities that are not related to the
city's stormwater management utility shall not be permitted, except for a pro -rated charge for
general city government services as is in effect for all other city utility operations.
(Ord. No. 80-90-43, § 4.0, 4-8.91)
Sec. 22-310. Billing and collection.
The method for billing and collecting stormwater utility fees shall be the existing city
utility billing system.
(Ord. No. 80-90-43, § 5.0, 4-8-91)
Secs. 22-311-22-330. Reserved.
DIVISION 2.
Sec. 22-331.
Sec. 22-332.
Sec. 22-333.
Sec. 22-334.
Sec. 22-335.
Sec. 22-336.
Sec. 22-337.
RATES AND CHARGES
Short title.
Findings of fact.
Definitions.
Utility fee categories.
Fees.
Enforcement and penalties.
Appeal process.
Secs. 22-338-22-349. Reserved.
Sec. 22-331. Short title.
This division shall be known and may be cited as the "Stormwater Management Utility
(SMU) Fee Ordinance of the City of Atlantic Beach."
(Ord. No. 80-90-44, § 1.1, 4-22-91)
Sec. 22-332. Findings of fact.
It is hereby found, determined, and declared as follows:
(1) The City of Atlantic Beach has established a SMU by separate ordinance.
(2) A utility rate structure has been prepared that establishes an operating program
budget of planned expenditures.
Adequate revenue for the planned expenditures shall be provided by application
of the utility fees as established by this division.
(Ord. No. 80-90-44, § 1.2, 4-22-91)
(3)
Sec. 22-333. Definitions.
Unless specifically defined below, words or phrases shall be interpreted so as to give
them the meaning they have in common usage and to give this division its most effective
application. Unless specifically intended otherwise, words used in the singular shall include the
plural and the plural the singular; words used in the present tense shall include the future tense.
The word "shall" connotes mandatory and not discretionary compliance; the word "may" is
permissive.
Equivalent residential unit (ERU) shall mean the basic unit, derived from data for Atlantic
Beach used to compute individual SMU fees.
Impervious area shall mean any part of any parcel of land that has been modified by the
action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes
areas that have been cleared, graded, paved, graveled, or compacted, or covered with
structures. All lawns, landscape areas, and gardens or farming areas are excluded.
Manager shall mean the Atlantic Beach city manager or designee.
Multifamily property shall include all residential development not classified as
single-family residential.
Non-residential property shall include all property zoned or used for commercial,
industrial, retail, government, or other non-residential purposes and shall include all developed
real property in Atlantic Beach not classified as single or multifamily residential property as
defined in this division.
Single-family property shall include all single-family detached residential dwelling
structures. All other residential development shall be classified as multifamily.
(Ord. No. 8-90-44, § 1.3, 4-22-91)
Sec. 22-334. Utility fee categories.
(a) Single-family property. Each single-family property shall be considered one ERU
for billing purposes. Data for Atlantic Beach indicates that each ERU has a
median impervious area of approximately one thousand seven hundred ninety
(1,790) square feet. Monthly utility fees for each ERU shall be established in
section 22-335 of this chapter.
(b) Multifamily property. Each residential unit of multifamily property shall be
considered as 0.6 ERU for billing purposes. Monthly utility fees for each ERU
shall be established in section 22-335 of this chapter.
(c) Non-residential Property. The monthly utility fee for all non-residential properties
shall be calculated in accordance with the following formula:
Impervious Area (Sq. Ft.)/1,790 = Number of ERUs
Monthly Fee = (Number of ERUs) x (Rate per ERU)
A minimum value of one (1.0) ERU shall be assigns to each non-residential property. The
impervious area of each non-residential property shall be determined by the city manager or
designee. The value of one thousand seven hundred ninety (1,790) square feet of impervious
area per ERU is a median value obtained from data for Atlantic Beach. Monthly utility fees for
each ERU shall be established in section 22-335 of this chapter.
(Ord. No. 80-90-44, §§ 2.1-2.3, 4-22-91)
Sec. 22-335. Fees.
(a) ERU rate. The fee per ERU billing unit shall be eight dollars and thirty-nine cents
($8.39) per month.
(b) Capital improvement. At such time as a stormwater management master plan is
completed and capital improvement projects are identified, project expenditures
will be approved by the directors each budget year.
(c) Undeveloped property. Initial SMU fees shall not be levied against undeveloped
property that has not been altered from the natural state, as evidenced by a
complete lack of impervious surface as defined in this division. Farmland,
gardens, and landscaped areas also shall be exempt except for roads, parking,
or structures associated therewith. Results of a stormwater management master
plan for Atlantic Beach when completed, can be used to adjust the exemption for
undeveloped property, when specific benefits to undeveloped property are
possible to quantify.
(d) Credit factors. Property owners who have provided stormwater management
facilities in excess of the requirements of the Atlantic Beach land development
code, and that are consistent with the stormwater management master plan,
when completed, may request a reduction in the SMU fee. Determination of the
credit to be allowed shall be made by the city manager or designee. The credit
shall apply only to the portion of the fee above that required to cover common
fixed costs of the SMU program.
(Ord. No. 8-90-44, §§ 3.1-3.4, 4-22-91; Ord. No. 80-02-65, § 2, 9-23-02; Ord. No. 80-08-77, §
2, 9-22-08; Ord. No. 80-11-81, § 2, 10-10-11; Ord. No. 80-12-82, § 2, 9-24-12)
Sec. 22-336. Enforcement and penalties.
Pursuant to state law, the City of Atlantic Beach shall have a lien for delinquent or
unpaid stormwater management service charges. Enforcement and foreclosure of said lien(s)
shall be as provided by law. Interest on the unpaid balance shall be the highest rate as
authorized by state law.
(Ord. No. 80-90-44, § 4.0, 4-22-91)
Sec. 22-337. Appeal process.
Any customer or property owner who feels that the SMU fee for their property has been
assigned or computed incorrectly may petition in writing to the city manager or designee for a
review of said charges.
If not satisfied with the determination of the city manager or designee, the petitioner may
ask for a hearing before the city board of adjustment whose decision shall be final.
(Ord. No. 80-90-44, § 5.0, 4-22-91)
Secs. 22-338-22-349. Reserved.
ARTICLE V. RECLAIMED WATER SYSTEM
Sec. 22-350. Definitions.
Sec. 22-351. Purpose, public policy and benefits.
Sec. 22-352. Relationship to other laws.
Sec. 22-353. Connection required.
Sec. 22-354. Design, construction and ownership of new reclaimed water facilities.
Sec. 22-355. Use of reclaimed water.
Sec. 22-356. Cross connection control.
Sec. 22-357. Unauthorized work on reclaimed water facilities.
Sec. 22-358. Inspections.
Sec. 22-359. Restrictions on use of wells.
Sec. 22-360. Discontinuance of service.
Sec. 22-361. City's right to refuse service.
Sec. 22-362. Reserved.
Sec. 22-363. City not liable for interruptions in service; right of city to restrict use of water.
Sec. 22-364. Billing and collection of fees.
Sec. 22-365. Charges for reclaimed water service.
Secs. 22-366-22-425. Reserved.
Sec. 22-350. Definitions.
Whenever used in this article, the following words and terms shall have the following
meanings:
Applicant shall mean a potential customer or developer or an authorized agent of a
potential customer or developer.
Backflow prevention device means a device designed to prevent contamination of the
potable water system from any other piping system such as the reclaimed water system, as
described in section 22-43.
Cross connection means any physical connection or arrangement which would allow the
transfer of fluids, including waters, between the city's potable water supply and distribution
system, the reclaimed water supply and distribution system or any other nonpotable water
source, as detailed in section 22-42.
Customer means the actual user of the reclaimed water.
Director of public utilities (also referred to as the director) means the individual
responsible for the technical and operational activities of the public utilities department of the
city.
Discontinuation of service means cessation of a service or an appropriate method to
ensure that no service can be received.
District means St. Johns River Water Management District.
Dual distribution system means a two -component water distribution system designed to
serve an area. One (1) component delivers potable water for drinking, cooking, bathing and
other uses requiring potable water. The other component delivers reclaimed water for irrigation
and other uses not requiring potable water. While these two (2) systems may parallel one
another and both may serve a property, there is no interconnection and their separation is
strictly defined and carefully monitored.
FAC means Florida Administrative Code.
FDEP means the Florida Department of Environmental Protection, or its successor in
function.
Irrigation system means the customer's in -ground piped system which delivers water to
spray or drip -type irrigation devices located throughout the property.
Reclaimed water means effluent from city -owned and operated wastewater treatment
plants, which effluent has been treated to standards in compliance with the requirements of the
FDEP.
Reclaimed water charges means all other charges relating to providing or discontinuing
reclaimed water service.
Reclaimed water rates means the monthly charges for reclaimed water service, which
have been established by and may be changed by ordinance of the city commission.
Reclaimed water reuse system means those reclaimed water distribution mains, lines,
fittings, valves, and appurtenances installed in public right-of-way or utility easements, which are
owned by the city.
Reuse means the deliberate application of reclaimed water, in compliance with FDEP
and district rules, for a beneficial purpose.
Service line means that conduit for reclaimed water from the distribution main to the
customers' meters.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-351. Purpose, public policy and benefits.
The purpose of this article is to create a reclaimed water reuse program for the city's
water and sewer service area; to encourage the use of reclaimed water in lieu of potable water,
groundwater or surface waters in suitable applications; to curtail the discharge of treated effluent
from the wastewater treatment plant to surface waters; and to protect the health and safety of
the community and users of the potable water system by promoting proper use and operation of
a reclaimed water system.
The commission declares as a matter of public policy that encouraging and promoting
water conservation and the reuse of reclaimed water are local objectives and are considered to
be in the public interest.
The benefits to be derived from the success of this program are several, and include
conservation of the potable water supply, reuse of a valuable water resource, reduction in
nutrient discharge to surface waters, and utilization of an environmentally safe and sensible
method to reuse reclaimed water.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-352. Relationship to other laws.
Rule 62-610 of the Florida Administrative Code, titled "Reuse of Reclaimed Water and
Land Application," is hereby adopted by reference in this article. In case of a conflict between
any provision of chapter [rule] 62-610 and the city's reclaimed water policies and regulations,
the more stringent provision shall prevail.
No part of this chapter shall be construed in a manner that conflicts with the exclusive
authority of the Florida Department of Environmental Protection and the St. Johns River Water
Management District to regulate the consumptive use of water under F.S. Ch. 373, Pt. II.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-353. Connection required.
(a) Where available, for new construction and where an irrigation system will be
installed, the owner of every lot or parcel of land within the city's water and sewer
service area developed for residential, public, commercial, office, industrial,
warehousing, or multifamily use shall connect or cause to be connected with the
reclaimed water distribution system. All connections shall be made in accordance
with regulations of the city and FDEP and approved by the director. This
provision shall not be construed to entitle any person to cross the property of
another to make such connection. Existing water customers shall have the option
to connect to the reclaimed water system.
(b) The reclaimed water distribution system is deemed available to the owner, tenant
or occupant of each lot or parcel of land that abuts upon a street, lot or other
public way or place containing such system; and, where the distance from the
reclaimed water distribution system and the property line is less than or equal to
the distances set out in Table 1, below. Reclaimed water demand for a
development shall be calculated based on a minimum irrigation rate of one (1)
inch per week for the irrigable area of the property. The irrigation rate equals
three thousand nine hundred (3,900) gallons per day per acre of irrigable area.
Table 1.
Irrigation Demand Max. Distance from the Development
Development Property
(gallons per day) Line to the Reclaimed Water Facility
(feet)
<25,000 100
25,000-50,000 300
50,100-100,000 600
>100,000 1,350
(c) Single-family home developments approved for construction, shall include
reclaimed water distribution mains and shall connect to the system when
reclaimed water service becomes available. Such reclaimed water lines (or dry
lines in the event reclaimed water service is not then presently available at the
time of the issuance of a certificate of occupancy or completion) shall be installed
in such a manner as to provide service to the entire property of the development.
These lines shall be installed during the initial placement of other required
infrastructure items and prior to issuance of a certificate of occupancy for the
specific site or development. The cost of installing this system shall be borne by
the developer.
(d) All connections to the reclaimed water system shall be metered.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-354. Design, construction and ownership of new reclaimed water facilities.
(a) All reclaimed water facilities shall be designed and constructed according to
applicable state and local policies, standards and specifications.
(b) The applicant shall design, permit and construct, at the applicant's expense, the
off-site reclaimed water mains, valves and accessories necessary to extend the
provider's reclaimed water service to the development according to the criteria in
Table 1.
(c) The applicant shall design, permit and construct at the applicant's expense, the
reclaimed water distribution system to provide reclaimed water service to
individual customers within the development.
(d) All reclaimed water distribution systems and facilities constructed by an applicant
in public easements or rights-of-way shall be conveyed to the city for operations
and maintenance according to existing city policies for acceptance of water and
wastewater facilities.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-355. Use of reclaimed water.
(a) All uses of reclaimed water shall be in accordance with applicable rules of the
Florida Department of Environmental Protection and other regulatory agencies
having jurisdiction.
(b) Each customer shall be solely responsible for maintaining the customer's
reclaimed water system in good working condition.
(c) The city shall monitor reclaimed water connections on its system so as not to
exceed the capacity of the system. While it is the intent of the commission that
the city shall maximize the reuse of reclaimed water, the commission recognizes
that, at times, it may be necessary to limit a customer's use of reclaimed water.
Notwithstanding any provision of this article, the city makes no representation
about the continuing availability or implementation of reclaimed water service.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-356. Cross connection control.
(a) Cross connections between reclaimed water facilities and potable water facilities
are prohibited. The presence of a cross connection on a customer's property
shall constitute a violation of this article and shall be grounds for immediate
discontinuance of either the potable or reclaimed water service to the customer's
premises.
(b) On all premises where reclaimed water service or another source of nonpotable
water exists, the public potable water supply shall be protected by an approved
backflow prevention device installed on the customer's side of the city potable
water service. On all premises where there is a reclaimed water supply or other
auxiliary water supply, there shall be no cross connection between such supply
and the consumer's city supplied potable water system. All backflow prevention
devices and materials installed for cross connection protection shall be subject to
the approval of the city manager or his designee and shall be installed at the
customer's expense.
(c) Where a cross connection is found to exist it shall be disconnected by the
customer. If the customer fails to disconnect immediately, the city shall
immediately discontinue potable water and reclaimed water service at the point
of supply. Before reconnection of service is granted, the public water system
shall be reinspected to verify that cross connection has been eliminated, that it
has been protected against the possibility of future illegal cross connections, and
that a proper backflow prevention device has been installed, tested and accepted
to the city manager or his designee. Additional backflow prevention devices may
be required as specified by the city manager or his designee and installed at the
customer's expense.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-357. Unauthorized work on reclaimed water facilities.
Unless expressly authorized in writing by the city, no individual or organization shall
tamper with, work on, or in any way alter or damage a reclaimed water facility. Tampering with
or working on a reclaimed water facility includes, but shall not be limited to, opening or closing
of valves, or causing any water to flow from the system. No unauthorized person shall cut into or
make any connection to the system. In addition to any penalties, the offending person shall be
liable for the cost of all charges attributable to correcting such tampering, including attorney's
fees.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-358. Inspections.
To ascertain and ensure compliance with the provisions of this article and related
regulations, the city may inspect, secure and/or disconnect any and all devices wherever
located that connect to or control any discharge from reclaimed water facilities. Inspections may
be made by authorized personnel at such times and with such frequency deemed necessary.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-359. Restrictions on use of wells.
(a) Dual or temporary connections of wells to irrigation systems served by reclaimed
water are not permitted. Existing private irrigation systems which connect to the
reclaimed water system and are presently served by an on-site well or other
water source shall disconnect the well or other water source permanently.
(b) No potable water wells shall be permitted within seventy-five (75) feet of any
areas irrigated by reclaimed water. In addition, no potable water wells shall be
allowed within seventy-five (75) feet of any reclaimed water lines, valves or
pumps.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-360. Discontinuance of service.
The city may discontinue reclaimed water service to any customer due to an infraction of
the procedures and regulations set out in this article, nonpayment of bills, for tampering with any
service, for plumbing cross connections with another water source, or for other reasons that are
detrimental to the system. The city has the right to cease service until the condition is corrected
and all costs due the city are paid. These costs may include delinquent billings, connection
charges, and payment for any damage caused to the system. Should a discontinued service be
turned on without authorization, then the utility may remove the service and make an additional
charge as established by current city ordinances or fee resolutions.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-361. City's right to refuse service.
(a) No connection shall be made to the reclaimed water system unless specifically
approved by the city manager or his/her designee.
(b) No payment of any costs, submittal of any application or any other act to receive
reclaimed water reuse service shall guarantee such service. The city shall have
the right, at all times, to refuse to extend services on the basis that a use is
detrimental to the system; or there is an inadequate supply of reclaimed water; or
lack of payment of required service charges; or for any other reason which, in the
judgment of the city manager, will cause the extension not to be in the best
interests of the city.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-362. Reserved.
Sec. 22-363. 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 reclaimed water for repairs, extensions or connections, or from
the accidental failure of the reclaimed water supply from any cause whatsoever. In cases of
emergency, the city shall have the right to restrict the use of reclaimed water in any reasonable
manner for the protection of the city and its reclaimed water supply.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-364. Billing and collection of fees.
(a) The reclaimed water fees and charges shall be billed and collected with the
monthly utility bill for those properties utilizing city utilities. The reclaimed water
fees and charges shall be billed and collected separately for those developed lots
or parcels and owners thereof not utilizing other city utilities.
(b) All bills for reclaimed water fees and charges shall be rendered monthly and shall
be payable at the same time and in the same manner and subject to the same
penalties as utility bills of the city under the terms and conditions of the Code of
the city.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-365. Charges for reclaimed water service.
The reasonable rates, rentals, fees and other charges for the use of the services and
facilities of the city reclaimed water system are hereby found and determined to be and are
hereby fixed and established as follows:
(1) Monthly reclaimed water base facility charges for customers inside the city. A
monthly reclaimed water base facility charge will be levied upon each connection
in accordance with the following:
Residential
All residential customers $8.97
Reclaimed water base facility charges for the commercial classifications are based upon the
meter size and they will become effective as follows:
Meter Size in Inches
5/8 or % $8.97
1 11.22
11/2 22.43
2 35.85
3 71.73
4 112.08
6 224.17
8 358.67
(2) Schedule of reclaimed water volume charges for customers inside the city.
a. Residential and commercial units. There are hereby established volume
charges for residential and commercial properties as follows:
Commercial, Cost
per 1,000 gallons
$1.67
Residential, Cost
per 1,000 gallons
$1.67
b. Schedule of reclaimed water bulk rate charges for large users with
minimum meter size of four (4) inches. Meter size shall be based a
minimum adjusted average daily flow of fifteen (15) percent of the "safe
maximum operating capacity" of Class II Turbine Meters as specified in
AWWA Standard C701. There is hereby established a volume charge for
all large users:
Bulk Rate, Cost per 1,000 gallons
$0.30
(3)
Customers outside the city. The rates applicable to customers outside of the city
shall be one and one-quarter (1.25) times the rates above.
(Ord. No. 80-14-85, § 1, 7-28-14)
Secs. 22-366-22-425. Reserved.
Chapter 23 PROTECTION OF TREES AND NATIVE VEGETATION I"[1]
ARTICLE I. IN GENERAL
Sec. 23-1. Purpose and intent.
Sec. 23-2. Applicability.
Sec. 23-3. Relationship to land development regulations and the comprehensive plan.
Sec. 23-4. Amendments to this chapter.
Secs. 23-5-23-7. Reserved.
Sec. 23-1. Purpose and intent.
(a) Purpose. The provisions of this chapter are established for the purpose of
enhancing, conserving, restoring, protecting and preserving the natural
environment, specifically related to trees and native coastal dune vegetation.
Priority shall be given to the protection and preservation of existing resources.
(b) Intent. The provisions of this chapter are intended:
(1) To establish efficient and effective procedures, regulations and guidelines
for the protection of existing vegetation, installation of native landscaping
and maintenance thereof regarding vegetation including, but not limited
to, trees, shrubs, salt marsh and beach dune grasses, and ground covers.
(2) To promote and sustain community values by providing for an
aesthetically pleasing environment where a healthy tree canopy is
maintained and regenerated.
To protect natural systems and avoid impairment of their natural functions
including the provision of shade and cooling on lots and development
parcels, sidewalks, streets and other public places.
(4) To provide protection for environmentally sensitive areas.
(5) To encourage protection of healthy trees and provide for replacement
and/or relocation of trees which are necessarily removed during
construction, development or redevelopment.
(3)
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-2. Applicability.
All lands within the City of Atlantic Beach shall be subject to the provisions of this
chapter.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-3. Relationship to land development regulations and the comprehensive plan.
This chapter contains specific and detailed provisions intended to implement the related
policies as set forth in the comprehensive plan, as may be amended. The provisions of this
chapter shall be implemented in coordination with chapter 24, Land Development Regulations,
of this Municipal Code, and in the case of any conflict between the two (2) chapters, the
provisions establishing the higher standard shall prevail.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-4. Amendments to this chapter.
The city commission shall have the authority to amend this chapter as needed to
implement its intent, or to implement objectives and policies of the comprehensive plan, or
otherwise enact updates as may be appropriate. Amendment to this chapter shall be made in
accordance with the established procedures for amending any portion of this Code of
Ordinances.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Secs. 23-5-23-7. Reserved.
ARTICLE II. LANGUAGE AND DEFINITIONS
Sec. 23-8. Definitions.
Secs. 23-9-23-10. Reserved.
Sec. 23-8. Definitions.
For purposes of this chapter, the following terms shall have the meanings as set forth
within this section, and where interpretation is required, shall be interpreted so as to give these
terms the meaning they have in common usage. Where applicable and appropriate to the
context, definitions as set forth within chapter 24, Land Development Regulations, of this
Municipal Code, Florida State Building Codes or within Florida Statutes, as these may be
amended, shall be used in conjunction with these terms and the requirements of this chapter.
Administrator shall mean the representative of the city as designated by the city
manager to oversee administration of this chapter.
Adverse site conditions shall mean existing site conditions that unfavorably affect the
implementation of the provisions of this chapter and that hinder plant viability and growth.
Examples include, but are not limited to:
(1) Existing topographic elevation changes that would result in the likelihood that
preserved or planted materials would not survive.
(2) Existing areas of buried solid waste at a depth that would affect viability of
preserved or planted materials.
(3)
Existing electrical lines or utility easements that prevent or restrict the
preservation or planting of landscape materials.
(4) Barrier island or dune ecosystem planting conditions that cannot support certain
hardwood species.
Redevelopment sites where existing landscaping does not meet current
standards and where existing site conditions such as, but not limited to,
impervious surfaces, access locations, or building locations, prevent the site from
meeting the current requirements.
(6) Sites where type or distribution of existing canopy or other protected trees are
such that preservation requirements would prohibit site development or conflict
with required development standards, such as stormwater or roadway designs.
Designs and plans that do not, to the greatest extent feasible, avoid
encroachment upon preservation areas and/or trees are not considered adverse
site conditions.
(5)
(7)
After -the -fact permit shall mean a permit issued after a violation has occurred for the
primary purpose of correcting the violation (if the activity would have been permittable) or for the
purpose of bringing the violator into compliance with existing regulations.
Appeal shall mean a request for the rehearing or review of a decision made pursuant to
any provision of this chapter.
Applicant shall mean the person(s) subject to or seeking a tree or vegetation removal
permit as required by the provisions of this chapter.
Approval shall mean written permission in the form of a tree or vegetation removal
permit from the administrator pursuant to a duly executed application submitted on a form as
provided by the city, authorizing the applicant to proceed with an action as proposed within the
application. Such approval may consist of limitations or conditions specific to the project.
Atlantic Beach Prohibited Species List shall consist of invasive exotic species listed by
the city in section 23-35(b). This list shall be updated on an as needed basis.
Atlantic Beach Recommended Species List shall consist of species that are best
adapted to the local ecosystem, which may provide the most desirable characteristics to the
community. Replacement credit may only be given for trees on the recommended species list in
section 23-33(f)(1)f.
Buildable area shall mean the area of a site, parcel or lot, excluding any area which is
not eligible for the issuance of a building permit by the city, such as building setback areas,
shoreline protection buffers, coastal construction setback areas, wetlands and other similar
areas required pursuant to the applicable provisions of this chapter and the land development
regulations.
Caliper shall mean the diameter of a tree trunk measured at a point six (6) inches above
the existing grade or proposed grade for trees four (4) inches in trunk diameter and under, and
twelve (12) inches above the existing grade or proposed planted grade for trees larger than four
(4) inches in trunk diameter. Caliper measurement is used in reference to nursery stock for new
plantings.
Canopy shall mean the horizontal extension of a tree's branches in all directions from its
trunk.
Certified arborist shall mean any person holding a valid and current arborist certification
as issued by the International Society of Arboriculture (ISA).
City shall mean the City of Atlantic Beach.
Clear trunk shall mean the height of a palm tree measured from the ground to the point
where the lowest green frond is attached to the trunk.
Coastal dune vegetation shall mean the naturally -occurring, salt -tolerant native species
of grasses, shrubs, vines and trees that stabilize the dunes by holding existing sand and that
serve to repair the dunes of damage inflicted by either natural phenomena or human impact by
trapping wind-blown sand.
Community forest shall mean the collection of trees in and around the City including park
and street yard trees on public property, and yard trees on private property.
Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the
branches, leaves, flowers, and fruit that grow above ground.
Developed area shall mean that portion of a site upon which any building, structure,
pavement, or stormwater facility is placed.
Development or development activity shall mean any alteration of the natural
environment which requires the approval of a development or site plan and issuance of a
development permit; shall also include the "thinning" or removal of trees from an undeveloped
land, including that carried on in conjunction with a forest management program, and the
removal of trees incidental to the development of land or to the marketing of land for
development and shall also include activities defined as development with section 24-17 of this
Code of Ordinances.
Diameter at breast height (DBH) shall mean the outside bark diameter of a tree
measured at a height of fifty-four (54) inches above the naturally occurring ground level. Trees
with gross abnormalities or buttressing at the breast height should be measured above or
immediately adjacent to the irregularity. Trees that fork at or above breast height should be
measured below breast height and recorded as a single trunk. Trees that fork below breast
height should be recorded as separate DBH for each.
Diseased tree shall mean a tree with a sustained or progressive impairment caused by a
parasite, pest or infestation which seriously compromises the viability of the tree, in that it is
unlikely the tree will remain living and viable for a period of more than three (3) years, or the tree
causes other imminent peril to viable trees, existing structures or persons in the vicinity of the
diseased tree.
Dripline shall mean the imaginary vertical plumb line that extends downward from the
tips of the outermost tree branches and intersects with the ground.
Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be
replaced.
Excavation shall mean the act of digging, cutting or scooping soil or in any way changing
the existing grade of the land. See "Grading" also.
Excessive pruning shall mean the substantial alteration of a tree such that there is
irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape
or form of a tree.
Exotic shall mean a plant species that was introduced to Florida, either purposefully or
accidentally, from a natural geographic range outside of Florida.
Grading shall mean the placement, removal or movement of earth by use of mechanical
equipment on a property. See "Excavation" also.
Ground cover small means a plant material which reaches an average maximum height
of not more than eighteen (18) inches at maturity.
Grubbing means the effective removal of understory vegetation from a site which does
not include the removal of any trees with DBH greater than three (3) inches.
Hardwood shall mean an angiosperm, a flowering tree or a broad-leaved tree, as
distinguished from a gymnosperm or cone -bearing tree.
Hazard or hazardous shall mean a danger or risk of bodily injury or property damage.
Indigenous shall mean a plant species naturally occurring within a specific habitat or
biogeographical region prior to significant human impacts. See "Native" also.
Invasive exotic plant shall mean an exotic plant species that has escaped cultivation,
naturalized, and established in a natural area allowing it to aggressively expand and reproduce
on its own, and subsequently, alter native plant communities by out -competing for resources
such as light, nutrients, water and space, killing native species, or otherwise adversely affecting
natural ecosystems. Invasive exotic plants are those plants recognized on the Florida Noxious
Weed and Invasive Plants List (F.A.C. 5B-57.007) or listed on the Atlantic Beach Prohibited
Species List.
Landscape materials shall mean living material, including trees, shrubs, vines, lawn
grass, and ground cover; landscape water features; and nonliving durable material commonly
used in landscaping, including rocks, pebbles, sand, and brick pavers, but excluding impervious
surfaces (pavement).
Legacy tree shall mean a tree that is of the most desirable species in Atlantic Beach,
and is of a size substantial enough to warrant an additional layer of protection. A permit is
required any time a legacy tree is removed in Atlantic Beach. Mitigation shall be the same rate
for legacy trees as it is for other protected trees.
Mitigation shall mean prorated payment for trees removed, either in terms of
replacement trees (newly planted or relocated), or alternatively, deposit of a cash equivalent
value in the tree conservation trust fund.
Native shall mean a plant species occurring within the city boundaries prior to European
contact according to the best available scientific and historical documentation. More specifically,
it includes those species understood as indigenous, occurring in natural associations in habitats
that existed prior to significant human impacts and alterations of the landscape.
Naturalized exotic shall mean an exotic species that sustains itself outside cultivation.
Nondevelopment activity shall mean any alteration of the natural environment which
does not require development plan approval or issuance of a building permit, but which would
include the proposed removal or destruction of any trees or vegetation regulated by this chapter.
Nuisance shall mean any tree, shrub, bush, grass or ground cover, or other woody
vegetation, on public or private property which is endangering or which in any way may
endanger the public health, safety, security or usefulness of any public street, public utility line
or sidewalk; also, any tree, shrub, bush, grass or ground cover, or other woody vegetation with
an infectious disease or insect problem.
Offsite shall mean any location outside the boundaries of the project site.
Onsite shall mean any location within the boundaries of the project site.
Person shall mean any landowner, lessee, building contractor, developer or other entity
involved in the use of real property, including agents, employees, independent contractors,
whether persons, firms, associations, corporations, partnerships, joint ventures, estates, trusts,
business trusts, syndicates, fiduciaries, governmental bodies, agencies or officials.
Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that
causes any damage, abnormal growth or mortality of any tree, shrub, bush, grass or ground
cover, or woody vegetation.
Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches
in order to increase usefulness, beauty and vigor.
Pruning standard shall mean the following: American National Standard Institute,
Standard for Tree Care Operations—Tree, Shrub and Other Woody Plant
Maintenance—Standard Practices (ANSI A300, current edition); American National Standard
Institute, Safety Standards for Tree Care Operators (ANSI Z133.1, current edition); National
Arborist Association Pruning Standards for Shade Trees (current edition).
Qualified professional shall mean a person who possesses, in addition to skill, a special
registration, certification, or knowledge which is obtained by formal education and training, and
which is inherently or legally necessary to render him or her capable, competent, and eligible to
perform the particular responsibilities called for.
Regulated tree shall mean any tree as follows:
(1) Private regulated tree shall mean any tree on private property, except those
species listed on the Atlantic Beach Prohibited Species List, meeting the
following conditions:
a. A DBH of six (6) inches or more on residentially zoned property that will
be removed two (2) years prior to or two (2) years subsequent to
construction valued at over ten thousand dollars ($10,000.00);
b. Trees defined as legacy trees by this chapter;
c. A DBH of ten (10) inches or more, if zoned nonresidential.
(2) Public regulated tree shall mean any tree on public property, except those
species listed on the Atlantic Beach Prohibited Species List, meeting the
following conditions:
a. A DBH of six (6) inches or more.
Heritage tree shall mean any tree determined by the city commission to be of
unique or intrinsic value due to its age, size, species and/or cultural, ecological or
historical significance or some other contribution to the city's character,
specifically including all Cypress, Live Oak and Magnolia trees with a DBH of
(3)
thirty (30) inches or greater and in good condition, as determined by a
recognized knowledgeable person or qualified professional; also, any tree
designated as a Florida State Champion, United States Champion, or World
Champion by the American Forestry Association. Heritage trees may be located
within parks, on street yards, or other public property. On private property,
heritage trees are voluntarily nominated by the property owner. The city
administrator shall keep a record of all heritage trees so designated and their
location.
Regulated vegetation shall mean vegetation located within any area designated as an
"environmentally sensitive area," as defined by the city of Atlantic Beach Comprehensive Plan
including, but not limited to, all wetlands, all beach and dune areas seaward of the coastal
construction control line, and all areas designated as conservation on the future land use map.
Shade tree shall mean any self-supporting woody plant of a species that is generally
well -shaped, well -branched, and well -foliated which normally grows to a minimum average
height of at least thirty-five (35) feet with a minimum average mature crown spread of at least
thirty (30) feet, and which is commonly accepted by local horticultural and arboricultural
professionals as a species which can be expected to survive for at least fifteen (15) years in a
healthy and vigorous growing condition over a wide range of environmental conditions.
Shrub shall mean a self-supporting woody perennial plant differing from a perennial herb
by its persistent and woody stems and from a tree by its low stature and habit of branching from
the base.
Site shall mean the total area within the property boundaries of a principal parcel to be
developed, or contiguous parcels intended for development under a common scheme or plan.
Stop work order, as used in this chapter, shall mean an order from the designated
administrative official to immediately halt all vegetation and tree removal, any form of site or soil
disturbance, or other activity with potential to impact trees or vegetation regulated by this
chapter.
Street shall mean a public or private thoroughfare, which affords the principal means of
access to abutting property, including but not limited to alley, avenue, drive, lane, place, road,
street, terrace, way, or other means of ingress or egress, regardless of the term used to
describe it.
Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a
trunk DBH of at least three (3) inches or more and which normally attains an overall height of at
least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. Trees shall
be classified as follows:
(1) Large: Having an average mature height of fifty (50) feet or more.
(2) Medium: Having an average mature height of at least thirty (30) feet but less than
fifty (50) feet.
Small: Having an average mature height of at least fifteen (15) feet but less than
thirty (30) feet.
Tree conservation trust fund (tree fund) shall mean an account established by the city to
provide an opportunity to make equivalent value cash payment to the city in lieu of providing the
required landscape or tree stock on a site.
(3)
Tree protection plan shall mean the plan required pursuant to this chapter, identifying
and showing the location, type, size and health of existing trees, stating the ultimate disposition
of the trees, showing the type, size and location of any trees to be planted and setting forth
measures to protect trees before, during and after construction.
Tree protection zone shall mean the area located around the perimeter of the dripline of
a tree in which no activity such as clearing, filling, excavating, storage of materials, parking of
vehicles, or any other activity that in the opinion of the administrator may damage the tree. At
the discretion of the administrator, the tree protection zone may be reduced for trees located on
smaller lots in order to reasonably protect the tree and facilitate construction on the
development parcel.
Tree removal shall mean any act that physically removes the tree or its roots from the
earth or causes a tree to die including, but not limited to, changing the natural grade above or
below the root system or around the trunk or improper pruning where the natural form of the tree
is permanently changed and results in tree death or decline.
Tree or vegetation removal permit shall mean the written authorization issued by the city
to proceed with vegetation or tree removal in accordance with the provisions of this chapter,
which may include mitigation requirements and other terms and conditions as needed to create
consistency with this chapter. The terms permit, tree permit, vegetation removal permit or tree
removal permit may be used interchangeably as appropriate to the context.
Tree technical manual (TTM) shall mean a manual, developed and maintained by the
city, pursuant to this chapter, which contains the standards and specifications for sound
arboricultural practices, techniques and procedures to be practiced within the city.
Underbrushing shall mean the removal of understory vegetation, either by hand or with
the use of equipment, which neither disturbs the soil nor causes the destruction of any tree.
Understory vegetation shall mean assemblages of natural low-level woody, herbaceous,
and ground cover species not normally considered to be trees which exist in the area below the
canopy of the trees, including any tree that is less than three (3) inches DBH.
Vegetation shall mean any plant material including, but not limited to, trees, shrubs,
vines, herbs and grasses, including marsh grasses and any coastal dune vegetation.
Vegetation inventory shall mean a scaled drawing which delineates the location and
common and/or scientific name of vegetation upon a parcel of land, including trees greater than
three (3) inches DBH and palms with an overall height of more than eight (8) feet. If necessary,
a survey or other professionally prepared document, certified as appropriate, may be required
as part of the vegetation inventory.
Viable shall mean having the capacity to live and develop.
Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other
land development regulations contained within City Code, when it is demonstrated that
compliance with such provision(s) would be unreasonable, in conflict with the public interest, or
a practical impossibility. A waiver from the land development regulations may be approved by
the city commission upon showing of good cause, and upon evidence that an alternative to a
specific provision(s) of this chapter shall be provided, which conforms to the general intent and
spirit of the chapter.
Weed shall mean any undesired, uncultivated plant that grows in profusion so as to
crowd out a desired plant.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09; Ord. No. 95-15-109, § 1, 5-11-15)
Secs. 23-9-23-10. Reserved.
ARTICLE III. TREE AND VEGETATION REGULATIONS IVi[2]
DIVISION 1. IN GENERAL
Sec.23-11. Scope.
Sec. 23-11. Scope.
The provisions of this chapter shall be administered as set forth within this chapter.
administrative procedures, authorities and responsibilities of the city commission and the
administrator are set forth herein.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
DIVISION 2. ADMINISTRATION
Sec. 23-12. City commission.
Sec. 23-13. Administrator.
Sec. 23-14. Tree conservation trust fund.
Secs. 23-15-23-20. Reserved.
Sec. 23-12. City commission.
The city commission shall have the following authorities and responsibilities:
(1) To establish fees and fines related to the administrative costs of carrying out the
requirements of this chapter.
(2) To establish a tree conservation trust fund to collect and disburse monies for the
purpose of growing and maintaining the city's community forest.
To amend this chapter as may be needed to accomplish the stated purpose and
intent of this chapter.
(4) To hear and decide appeals where it is alleged there is an error in any order,
requirement or decision made by the administrator in the implementation of this
chapter.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
(3)
Sec. 23-13. Administrator.
The administrator shall have the following authorities and responsibilities:
(1) To accomplish all administrative actions required by this chapter, including
issuance of proper notices; receipt and review of applications; issuance of tree
and vegetation removal permits; receipt and processing of appeals and any stop
work orders.
(2) To maintain all records relating to this chapter and its administration.
(3) To provide written instructions to applicants related to the required process for
applications as required by this chapter.
(4) To receive, process and make administrative determinations on all applications
for tree and vegetation removal permits as set forth in section 23-23.
To refer applications for tree and vegetation removal to other departments and
agencies for comment, as set forth in section 23-23, as may be needed.
(6) To conduct field inspections as needed to make determinations related to tree
and vegetation protection or removal.
To review preliminary development plans, applications for certain building
permits, including site and lot plans with appropriate city staff, to determine
whether proposed construction, alterations, repair or enlargement of a structure
is in compliance with the provisions of this chapter.
(8) To recommend to the city commission projects consistent with the purpose and
intent of this chapter, with a written statement outlining the costs and benefits of
such projects.
To recommend to the city commission amendments consistent with the
implementation of the purpose and intent of this chapter, with a written statement
outlining the need for such changes.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
(5)
(7)
(9)
Sec. 23-14. Tree conservation trust fund.
(a) Establishment of trust fund. The city commission hereby recognizes and
reaffirms the prior establishment of the tree conservation trust fund ("tree fund")
for the purposes of accepting and disbursing monies paid to the city as part of
tree mitigation and any other funds deposited with the city for the purpose of tree
and vegetation conservation and protection. This fund shall be used solely for the
planting of trees, the protection and conservation of existing trees where
appropriate, or the re-establishment of vegetative resources in the city and any
other ancillary costs associated with such activities, provided that such ancillary
costs shall not exceed twenty (20) percent of the cost of the particular project.
(b) Terms of existence. The tree fund shall be self-perpetuating from year to year
unless specifically terminated by the city commission.
(c) Tree fund assets. All funds received shall be placed in trust for and inure to the
public use and environmental benefit of the city. Said funds shall be used and
distributed as designated by the city commission.
(d) Tree fund administration.
(1) Trust funds shall be used only for the purposes designated by the city in
accordance with the intent of this chapter and the applicable goals,
objectives and policies as set forth within the comprehensive plan.
(2) All mitigation funds collected pursuant to this chapter shall be deposited
in the tree fund, which shall be a separate account established and
maintained apart from the general revenue fund of the city.
(e) Disbursal of tree conservation trust fund assets.
(1) Expenditures for projects funded by the tree conservation trust fund shall
be made in accordance with the established purchasing procedures of the
city.
(2) Priority shall be given to the use of funds for projects that plant or replace
trees or vegetation along public rights-of-way or on properties and lands
in public use that will provide needed shade, aesthetic enhancement or
the re-establishment of tree canopy in neighborhoods and along public
roadways.
Secondarily, funds may be used for purchase of landscape materials or equipment necessary
and proper for the preservation, maintenance, relocation or restoration of trees and ecosystems
on any public land in the city, or for the funding of community educational programs which
promote, enhance or implement the goals and objectives established in this chapter.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 23-15-23-20. Reserved.
DIVISION 3. PERMITS
Sec. 23-21. Permits required by this chapter.
Sec. 23-22. Exemptions from the requirement for a permit.
Sec. 23-23. Permits procedures.
Sec. 23-24. Inspections and site preparation.
Sec. 23-25. Appeals.
Sec. 23-26. Fees.
Secs. 23-27-23-29. Reserved.
Sec. 23-21. Permits required by this chapter.
Unless specifically exempted within following section 23-22, permits are required for
removal of trees on all lands within the City of Atlantic Beach, which shall include the following:
(1) New development on any previously undeveloped lands, or redevelopment on
any vacant land where structures may have been fully or partially cleared.
(2) Major development on all existing developed sites having any structure or vehicle
use areas where additions, renovations, upgrades or site changes are intended
(3)
or anticipated within a two-year period of time when any such activity is valued at
ten thousand dollars ($10,000.00) or more. Where value is in question,
determination shall be made by the building official.
Clearing, excavation, grading, grubbing or trenching of previously undeveloped
land, regardless of whether any future development is intended or anticipated; it
being the intent of the city that no parcel, site or lands be indiscriminately or
unnecessarily cleared of regulated trees and regulated vegetation unless
mitigation or replacement as required by this chapter is provided.
(4) Removal of any tree on the Atlantic Beach Legacy Tree List.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-22. Exemptions from the requirement for a permit.
The following activities shall be exempt from the requirements to apply for and receive a
tree or vegetation removal permit, except that none of these exemptions shall be construed to
apply to any coastal dune vegetation seaward of the coastal construction control line or to
heritage trees. Such vegetation and trees shall be fully subject to the provisions of this chapter
and any state permitting requirements applying to the coastal zone. All other development
activity as described in preceding section 23-21 involving the removal of regulated trees and
regulated vegetation shall require issuance of a tree removal permit.
The person(s) claiming any exemption shall have the burden of proving entitlement to
such exemption. The administrator may require consultation with or documentation from a
certified arborist or other qualified professional to verify certain conditions.
(1) No development activity or minor development activity on previously developed
sites. Minor development activity involves any new construction, exterior
additions, renovations or upgrades that are valued at less than ten thousand
dollars ($10,000.00.) For the purpose of determining whether this exemption
does or does not apply, the administrator shall consider the cumulative valuation
of all permits issued two (2) years prior and two (2) years subsequent to the tree
removal. If such permits collectively exceed the stated threshold, an after -the -fact
permit and mitigation shall be required.
(2) Emergency situation. The removal of trees destroyed or severely damaged
during or immediately following an emergency (i.e., hurricane, tropical storm,
tornado, flood or any other act of nature) shall be granted an exemption when the
administrator determines that permitting requirements will hamper private or
public work to restore order to the city.
Safety hazard. The removal of trees that pose imminent danger to the public
health, safety and general welfare shall be granted an exemption upon inspection
and determination by the administrator that immediate removal without delay is
required.
(4) Diseased or pest -infested trees. The removal of diseased or pest -infested trees
shall be granted an exemption upon inspection and determination by the
administrator that removal is needed for the purpose of preventing the spread of
disease or pests.
Noxious invasive trees. The removal of invasive or nuisance trees, as currently
listed by the Florida Department of Agriculture and Consumer Services (FDACS),
(3)
(5)
Florida Department of Environmental Protection (FDEP), the Florida Exotic Pest
Plant Council (FEPPC), the Atlantic Beach Prohibited Species List, or some other
recognized authority, shall be granted an exemption upon inspection and
verification by the administrator.
(6) Utility operations. The pruning and/or removal of trees or understory vegetation
by duly authorized communication, water, sewer, electrical or other utility
companies or federal, state, county or city agencies, or engineers or surveyors
working under a contract with such utility companies or agencies, shall be
exempt, provided the removal is limited to those areas necessary for the
maintenance of existing lines or facilities or for the construction of new lines or
facilities in furtherance of providing utility service to its customers, and provided
further that the activity is conducted so as to avoid unnecessary removal and, in
the case of aerial electrical utility lines, is not greater than that specified by the
National Electrical Safety Codes as necessary to achieve safe electrical
clearances. Notwithstanding this exemption, any such entity shall provide
adequate prior notice to the city before commencing such work.
Surveyors/engineers. The pruning of trees and/or removal or understory
vegetation by a Florida -licensed land surveyor or engineer in order to provide
physical access or view necessary to conduct a survey or site examination for
the performance of professional duties related to land surveying, soil percolation
and/or soil bore tests shall be exempt provided that such alteration is limited to a
swath of ten (10) feet or less in width. However, land clearing for surveys shall
not authorize the removal of regulated trees or regulated vegetation.
(8) City crews. The city shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within public rights-of-way, within any utility or drainage
easements or within the illumination areas of street lights, and other public lands
as may be necessary, and shall not be subject to mitigation assessment. The city
shall not have the responsibility to maintain, prune or remove any damaged,
dead or diseased trees on any private property within the city.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
(7)
Sec. 23-23. Permits procedures.
(a) Application required. The applicant for a tree removal permit shall submit the
established fee along with the application form as created and provided by the
city to the designated administrative department. The application shall contain all
required narrative and graphical information necessary to determine compliance
with this chapter. If the applicant is not the property owner, proper owner's
authorization shall also be required.
(1) Existing lots or parcels. When a tree or vegetation removal permit is
required, applications for tree or vegetation removal shall be made prior
to removal and prior to any site disturbance or grading on a lot or parcel.
(2) New or re -platted subdivisions. Applications for tree or vegetation removal
that will be part of a new subdivision plat or a re -plat shall be submitted
along with the preliminary subdivision plat application so that due
consideration may be given to the protection of regulated trees and
regulated vegetation during the site planning and subdivision process.
(3)
Trees to be protected shall be noted on the final subdivision plat, and
subsequent applications for individual lots or parcels shall be consistent
with the approved final subdivision plat, or application for a new tree
removal permit shall be required.
After -the -fact permits. Any person(s) engaging in the removal of regulated
tree(s) or regulated vegetation prior to obtaining a permit will be required
to apply for and obtain an after -the -fact permit, and meet mitigation
requirements as assessed.
(b) Sufficiency review of applications. Upon receipt of the application and
appropriate fee, the administrator shall conduct a preliminary review within five
(5) business days to determine that all required information has been submitted
and is sufficient for review purposes. The administrator may refer the application
to other city department(s) or a qualified professional consultant during
preliminary review. The applicant shall be notified if extended review by other
departments and/or professionals is required. The applicant shall be notified of
any deficient items. Upon submittal of deficient or missing information, the
administrator shall again review the application. If the requested information has
not been provided or is insufficient, the applicant shall be notified in writing that
no further review will be performed until the requested information is provided
and found to be sufficient.
However, an application shall be deemed abandoned thirty (30) days after the date the
administrator notifies the applicant of any deficiencies contained in the application if the
applicant has failed to submit the deficient or missing information. The administrator may, upon
written request and justification by the applicant, grant not more than one (1) 30 -day extension.
At the expiration of the extension, the application shall automatically become null and void.
(c) Review by other agencies. At the discretion of the administrator, relative to the
environmental sensitivity of the site, appropriate written sign -offs, permits or
consents from the agencies listed below which have jurisdiction may be required
prior to regulated tree or regulated vegetation removal from sites contiguous to or
containing environmentally sensitive areas or lands. The applicant shall obtain
this information and submit the agencies' written verification to the city:
(1) Army Corp of Engineers (ACOE);
(2) Saint Johns River Water Management District (SJRWMD);
(3) Florida Department of Environmental Protection (FDEP);
(4) Any other applicable governmental agencies extending jurisdictional
controls over the site.
(d) Compliance review and approval of applications. Applications will be reviewed
and tree or vegetation removal permits will be issued in accordance with the
following:
(1) Time for review. Once an application has been deemed sufficient, the
administrator shall conduct a full compliance review of the application and
approve, approve with conditions or deny the application with seven (7)
business days.
(2) Standards for review. The administrator shall consider the following in
making a determination of compliance with the provisions of this chapter.
a. Necessity to remove trees which pose a safety hazard, as
determined by the director of public works, to pedestrian or
vehicular traffic, or threaten to cause disruption to public services
or result in a significant obstacle to accessing and utilizing public
easements and rights-of-way.
b. Necessity to remove trees which pose a threat to buildings and
other improvements on a lot or parcel of land. Ordinary small
cracks or uplifts in pavement, sidewalks, and non-occupied
structures that are typically caused by settling and small roots
shall not be considered a safety hazard.
c. Necessity to remove diseased trees or trees weakened by age,
storm, fire or other injury, or trees with severe structural defects
that pose a safety hazard to people, buildings, or other
improvements on a lot or parcel of land.
d. Necessity to remove trees in order to construct approved and
permitted improvements to allow reasonable economic enjoyment
of the property.
e. Existence of any adverse site conditions which may affect the
implementation of the provisions of this chapter.
(e) Expiration of permits. Upon approval of the application by the administrator, the
permit shall be issued. Work pursuant to the permit shall commence within
twelve (12) months of the date of issuance, or the permit shall expire.
(f) Content of permits. The permit shall be issued in such form as may be prescribed
by the administrator and shall set forth in detail the conditions upon which the
permit is granted and specifically identify which land areas shall be cleared
and/or which trees shall be permitted to be removed. One (1) permit may cover
several trees or groups of trees as long as the trees or groups of trees can be
clearly identified thereon; provided, however, no permit may be issued for more
than one (1) lot, parcel or area of land unless such lots, parcels or areas of land
shall be contiguous to one another and considered as one (1) parcel for the
purpose of development.
Posting of permits. The permit shall be posted in a conspicuous and visible place
at the front of the property by the applicant promptly after issuance. The permit
shall remain posted on the property during all applicable tree and vegetation
removal activity and until final inspection by the city. It is the responsibility of the
applicant to maintain the permit in a clearly visible manner at all times.
(h) Amendment of permits. Requests for minor changes to approved plans shall be
made as an amendment to the applicable permit, and shall require payment of an
administrative processing fee. Additional information submitted with a request for
permit amendment shall be adequate to fully document the nature of the
proposed change and the effect it will have on all aspects regulated by this
chapter. All plans, reports, calculations, and other information affected by the
proposed amendment shall be updated so as to maintain an accurate record of
the development activity. Review time for any changes to plans approved for a
(g)
permitted site shall be the same as specified for the review of a new application.
An amendment to a permit shall not automatically extend the expiration date.
Substantial changes, including significant increases in the number of trees to be removed or
land to be cleared, increases in impervious surface area, changes to intended land use,
modification of stormwater management systems, or any other change that constitutes a major
modification to a site plan or subdivision, new phases of development or other additions, shall
not be treated as amendments, but shall require a new permit application and fee.
(i) Revocation of permits.
(1) By administrator. The administrator may revoke any permit issued
pursuant to this chapter, following notice in writing to the permittee and
after providing the permittee opportunity to respond to the notice, in either
of the following circumstances:
a. The administrator finds that the permittee has continued with any
development activity on a site for which a permit was issued, while
the site is under a stop work order which has not been reversed,
canceled or suspended pursuant to this chapter, except for
specified remedial work required to bring the violation into
compliance with the approved permit; or
b. If the administrator finds that the approval of the permit was based
on incorrect information furnished by the applicant for the permit.
Based upon such finding, however, the administrator may make
reasonably necessary accommodations to the conditions of a
permit in lieu of revoking it.
(2) Discontinuance of work. Revocation of a permit may also result in a stop
work order in accordance with section 23-48.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-24. Inspections and site preparation.
(a) Inspections. The following inspections shall be conducted in conjunction with all
development activities subject to the requirement for a tree or vegetation removal
permit.
(1) Initial inspection. The administrator shall conduct an initial inspection of
the site prior to approval of any application.
(2) Protective barricade inspection. A protective barricade inspection shall
ensure proper installation of measures prior to the initiation of any other
development activity where required as a condition of the permit.
Final inspection and notice of completion. A final inspection and notice of
completion shall occur when all development activities permitted for the
site have been completed. No certificate of occupancy shall be issued,
nor any building or premises occupied, unless and until the administrator
has determined after final inspection that all work, including land clearing,
regulated tree or regulated vegetation removal, tree protection and tree
replacement, has been done in accordance with the approved permit and
plan.
(3)
(4) Maintenance inspections. The administrator shall have the authority to
conduct on-site maintenance inspections subsequent to final inspection
and notice of completion, and to require correction of all deficiencies and
violations in accordance with this chapter.
(b) Site preparation. Prior to requesting initial and/or protective barricade inspection,
the applicant shall prepare the site with proper staking and taping as necessary
to allow the administrator to locate and identify the lot or parcel to be inspected;
to determine the building site; to locate the proposed buildings or other proposed
structures or improvements that will disturb vegetation, and to ensure clear
understanding between the property owner, contractor, administrator and other
inspectors that may be involved.
(1) The address or legal description of the property shall be displayed in a
conspicuous manner.
(2) The property corners shall be marked according to survey with wooden
stakes. Each stake shall be flagged with surveyor's tape or with bright
colored paint. Any property crossed by the coastal construction control
line shall have that line marked on the ground with conspicuous wooden
stakes and surveyor's tape or durable waterproof string and shall be
clearly labeled "COOL".
All trees to be preserved during development activities shall be
barricaded according to a tree protection plan consistent with the
guidelines in the Tree Protection Guide for Builders and Developers,
published by the Florida Division of Forestry and/or any other reasonable
requirements deemed appropriate by the administrator to implement this
part.
(3)
(4) All trees proposed for removal shall be identified with red or orange
surveyor's tape or paint.
All trees proposed for protection as mitigation for removed trees shall be
identified with blue or green surveyor's tape or paint.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
(5)
Sec. 23-25. Appeals.
(a) Procedure to file an appeal. Appeals of final actions or decisions by the
administrator made under the authority of this chapter may be made by adversely
affected person(s) to the city commission in accordance with the following
provisions:
(1) Such appeal shall be filed in writing with the city clerk within thirty (30)
days after rendition of the decision or final order being appealed.
(2) Appeals shall be heard at a public hearing within a reasonable period of
time with proper public notice, as well as due notice to interested parties.
It shall be the responsibility of the appellant to demonstrate that the final
action or decision being appealed was improper or not in accordance with
the provisions of this chapter.
(3)
(4) In the case that the city commission finds the appeal to have merit, the
city commission shall have the authority to rescind or modify the original
final action or decision, and/or remand the matter to the administrator for
reconsideration.
(b) Stay of work. Such appeal to the city commission shall stay all work on the
premises and all proceedings in furtherance of the action appealed, unless the
appropriate designated administrative official shall certify to the city commission
that a stay would cause imminent peril to life or property.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-26. Fees.
(a) Application fees. The city commission hereby establishes the following fees
related to the administrative costs of carrying out the requirements of this
chapter. These fees shall be payable to the city at any time an application is
submitted for approval, amendment, or extension of a permit required by this
chapter, or when a final action or decision by the administrator is appealed.
Applications for tree and vegetation removal related requests shall not be
considered as complete applications until such time as required fees have been
paid in full.
(1) Tree and vegetation removal permit application. The tree and vegetation
removal permit application fee shall cover the processing and review of
the application as well as one (1) initial inspection, one (1) protective
barricade inspection, one (1) final inspection and one (1) maintenance
inspection per year. Any additional inspections required due to
inadequate site preparation or reports of violation of the provisions of this
chapter will be charged a reinspection fee as provided below:
a. Single- or two-family residential uses (per lot) ... $ 125.00
b. Single removal of legacy tree ... 25.00
c. Multifamily residential uses ... 250.00
d. Commercial or industrial uses ... 250.00
e. Institutional and any other uses ... 250.00
(2) Minor amendments ... 50.00
(3) Extensions ... 50.00
(4) Appeals ... 125.00
(b) Reinspection fees.... 50.00
(c) Research or extensive time fees (per hour).... 50.00
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Secs. 23-27-23-29. Reserved.
DIVISION 4. GENERAL PROVISIONS
Sec. 23-30.
Sec. 23-31.
Sec. 23-32.
Sec. 23-33.
Sec. 23-34.
Sec. 23-35.
Sec. 23-36.
Sec. 23-37.
Minimum tree requirements.
General prohibitions.
Tree protection during development and construction.
Mitigation to be assessed.
Maintenance and monitoring requirements.
Elimination of undesirable species.
Elimination of contagious diseased and pest -infested trees.
Payment in lieu of replacement/relocation.
Secs. 23-38-23-39. Reserved.
Sec. 23-30. Minimum tree requirements.
These minimum tree requirements shall apply to all property within the city that is subject
to the provisions of this chapter. Credit will be given for trees on the Atlantic Beach
Recommended Species List, but none will be given for trees on the Atlantic Beach Prohibited
Species List. Section 24-177 of this Municipal Code also provides additional landscaping
requirements for nonresidential uses.
(1) Residential uses. For each parcel upon which a single-family, two-family or
multifamily dwelling unit, or associated residential accessory unit is proposed, or
where the primary activity is residential in nature:
One (1) four -inch caliper tree shall be planted and/or preserved for every two thousand five
hundred (2,500) square feet of development parcel area or portion thereof, excluding therefrom
preserve areas and water bodies. Of the minimum required trees, one (1) tree shall be provided
or preserved within the required front yard.
(2) Commercial uses. For each parcel upon which a commercial structure or
associated accessory use is proposed, or where the primary activity is
commercial in nature:
One (1) four -inch caliper tree shall be planted and/or preserved for every eight thousand (8,000)
square feet of parcel area or portion thereof, excluding therefrom preserve areas and water
bodies.
(3)
Industrial uses. For each parcel upon which an industrial structure or associated
accessory use is proposed, or where the primary activity is industrial in nature:
One (1) four -inch caliper tree shall be planted and/or preserved for every ten thousand (10,000)
square feet of parcel area or portion thereof, excluding therefrom preserve areas and water
bodies.
(4) Public/semi-public (governmental or institutional) uses. For each parcel upon
which a government structure or associated accessory use is proposed, or where
the primary activity is public/semi-public in nature:
One (1) four -inch caliper tree shall be planted and/or preserved for every ten thousand (10,000)
square feet of parcel area or portion thereof, excluding therefrom preserve areas and water
bodies.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-31. General prohibitions.
(a) Excessive or improper pruning. It shall be unlawful to engage in excessive or
improper pruning techniques on trees intended for shade purposes where such
trees are required pursuant to an approved tree protection plan. Trees intended
for shade purposes shall be allowed to reach their mature canopy spread. This
limitation shall not be construed to prohibit the trimming or pruning of trees that
create a clear risk of danger to persons or property during flood, high wind or
hurricane events.
(b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any
tree which is within the city's rights-of-way or upon any other city property without
the permission of the city as evidenced by the appropriate permit.
(c) Tree spiking. It shall be unlawful to introduce any type of poison or reactive
material to a tree for the purpose of causing the tree to die or become diseased.
(d) Attachments. It shall be unlawful to attach anything, including signs, permits,
nails or spikes that may be injurious or cause damage, to a tree having a
diameter of three (3) or more inches caliper. Exceptions are protective wires,
braces or other devices used to support a tree.
(e) Unauthorized clearing of undeveloped lots. It shall be unlawful to clear any
undeveloped lot, parcel, or lands such that the land is substantially denuded of
regulated trees and regulated vegetation in any manner or for any purpose
unless a proper tree removal permit has been issued. The extent to which
removal constitutes substantial denuding shall be determined by the
administrator based upon the number, type and condition of existing on-site
regulated trees and regulated vegetation in comparison to that proposed to be
removed. If clearing is authorized, the minimum requirements of section 23-30
shall be met.
(f)
Unauthorized clearing of developed lots. It shall be unlawful to clear the trees
from any developed lot such that the minimum requirements of section 23-30 are
not maintained.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-32. Tree protection during development and construction.
(a) Restrictions during construction.
(1) Placement of materials, machinery, or temporary soils. It shall be unlawful
for any person(s) to cause or allow the storage of construction materials,
the use of heavy equipment or machinery, or the temporary storage of
soil deposits within the tree protection zone of any tree or group of trees
to be retained.
(2) Disposal of waste materials. It shall be unlawful for any person(s) to
cause or allow the disposal of waste materials such as paint, oil, solvents,
asphalt, concrete, mortar or any other material harmful to the life of a tree
within the tree protection zone of any tree or groups of trees, or where
planting beds are to be situated.
(b) Burden of tree protection on property owner. The property owner(s) and their
agent(s) shall ensure that any tree shown on the vegetation inventory for which a
tree removal permit has not been obtained is to be protected. The property owner
shall guarantee survival of retained trees and replacement trees for three (3)
years from the date the city accepts the trees and landscaping as complete,
unless a greater time period is required by a development order. If a retained or
replacement tree dies during that time period, the property owner shall replace
the tree in accordance with a remedial action as required by this chapter.
(c) Protective barriers and signage required. Protective barriers and signage shall be
installed around every tree or group of trees to be preserved prior to
commencement of construction, in compliance with the guidelines in the Tree
Protection Guide for Builders and Developers, published by the Florida Division
of Forestry and/or any other reasonable requirements deemed appropriate by the
administrator to implement this part.
(1) Temporary protective barriers shall be placed at least six (6) feet from the
base of any tree, and shall encompass at least fifty (50) percent of the
area under the dripline of any tree or trees to be preserved or retained for
mitigation credit, unless otherwise approved by the administrator.
(2) Temporary protective barriers shall be at least three (3) feet high, and
shall consist of either a wood fence with two-by-four posts placed a
maximum of eight (8) feet apart with a two-by-four minimum top rail, or a
mesh fence, or other similar barrier which will limit access to the protected
area, unless otherwise approved by the administrator.
Waterproof, rigid sign(s) shall be affixed to each individual barricade,
such that there is one (1) sign every fifteen (15) feet along the length of
the barricade. The signs shall contain the following words, and will be
made available by the city at the time of permit issuance:
(3)
FIGURE 1. TREE PROTECTION ZONE SIGNAGE
TREE PROTECTION ZONE (TPZ)
No grade change, storage of materials, vehicles or equipment is permitted within this
TPZ. This tree protection barrier must not be removed without the written authorization
of the City of Atlantic Beach. For information, call (904) 247-5800.
(d) Adjacent properties. The property owner(s) or their agent(s) shall ensure
protective barricading of all trees located on adjacent properties, that have root or
branch systems that encroach upon the subject property, and that may
potentially be impacted by development activities.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-33. Mitigation to be assessed.
(a) Mitigation required. Unless mitigation in the form of payment into the tree
conservation trust fund has been approved in accordance with section 23-37,
mitigation in the form of tree replacement, relocation or preservation shall be
required to offset any impacts resulting from the removal of regulated trees as a
condition of the tree or vegetation removal permit. Replacement or relocation
shall be the preferred methods of mitigation.
(b) Mitigation assessment. In general, mitigation shall be assessed according to the
ratios given in the following table, such that the number of inches required to be
replaced, relocated or preserved (first number) are proportional to the number
the inches removed (second number):
TABLE 1. STANDARD MITIGATION ASSESSMENT
CLASSIFICATION OF CLASSIFICATION OF REGULATED TREE
PROPERTY
Protected Heritage
Private parcels 1:2 1:1
Public parcels 1:1 2:1
Public rights-of-way, 1:1 3:1
easements, etc.
Environmentally sensitive 2:1 3:1
areas
Historic corridor 2:1 3:1
(c) General conditions. Mitigation shall be in the form of preservation of existing
trees, relocation of existing trees that would otherwise be removed, or
replacement with new trees, and shall occur within thirty (30) days, or prior to
issuance of a certificate of occupancy or other final approval, whichever time is
shorter, unless a greater period is provided for good cause by the permit. The
applicant assumes all duties and costs associated with mitigation.
(d) Tree preservation. Existing onsite trees that are three (3) inches DBH or greater
and which are neither protected nor transplanted may be utilized as credit
towards the assessed mitigation, subject to the other conditions stated in this
section, if preserved onsite.
(e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater
and that would otherwise be removed from the site because of development may
be utilized as credit towards the assessed mitigation, subject to the other
conditions stated in this section, if relocated onsite.
(f) Tree replacement.
(1) Replacement size. New replacement trees shall be the same quality of
"Florida Number One", as defined in the most current edition of the
Grades and Standards for Nursery Plants, published by the Florida
Department of Agriculture and Consumer Services, Division of Plant
Industry.
a. Oaks shall have a minimum four -inch caliper and twelve -foot
height at time of installation.
b.
c.
d.
e.
f.
All other new replacement trees shall have a minimum two-inch
caliper and ten -foot height at time of installation.
Palms shall have a minimum clear trunk height of eight (8) feet at
time of installation.
New replacement shade trees shall be of a species typically
yielding an average mature crown spread of no less than thirty
(30) feet in Northeast Florida and shall be chosen from the Atlantic
Beach Recommended Species List, maintained and published by
the city. Upon approval of the administrator, alternate species not
appearing on the recommended list may be utilized, but in no case
shall trees from the Atlantic Beach Prohibited Species List, also
maintained and published by the city, be utilized for mitigation
credit.
In the event that a property cannot reasonably accommodate
required mitigation on site, the property owner can get
replacement credit for planting trees on an immediately adjacent
neighbor's property. This shall only be done as an alternative to
payment into the tree fund when it can be proven that a site
cannot fit required replacement plantings. A signed letter from the
neighbor shall be attached with the tree permit application.
Atlantic Beach Recommended Species List. Replacement trees
shall [be] selected from the following list. This list was created
based on hardiness, disease and pest resistance, availability, and
size variance. No mitigation credit will be approved for trees that
are not on this list, unless approved by the administrator.
CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST
Common Name
Ash, Green
Ash, Water
Bay, Loblolly
Cedar, Southern Red
Cypress, Bald
Cypress, Pond
Elm, American
Elm, Florida
Elm, Lacebark
Hickory, Mockernut
Hickory, Pecan
Hickory, Pignut
Hickory, Water
SHADE TREES
Botanical Name
Fraxinus pennsylvanica
Fraxinus caroliniana
Gordonia lasianthus
Juniperus silicicola
Taxodium distichum
Taxodium ascendens
Ulmus americana
Ulmus american floridana
Ulmus parvifolia
Carya Tomentosa
Carya illinoensis
Carya glabra
Carya aquatica
Loquat, Japanese Plum
Magnolia, Southern
Magnolia, Sweetbay
Maple, Florida
Maple, Red
Oak, Live
Oak, Shumard Red
Oak, Swamp Chesnut
Pine, Loblolly
Pine, Long -leaf
Pine, Slash
Sugarberry
Sweetgum
Sycamore
Tupelo
Common Name
Palm, Cabbage
Palm, Canary Island Date
Palm, Pindo
Palm, Sylvester Date Palm
Palm, Washington
Common Name
Cedar, Red
Crape Myrtle
Elm, Winged
Holly, American
Holly, Dahoon
Holly, East Palatka
Holly, Yaupon
Oak, Myrtle
Oak, Sand Live
Oleander
Podocarpus, Yew
Privet, Glossy
Privet, Japanese
Eriobotrya japonica
Magnolia grandiflora
Magnolia virginiana
Acer barbatum
Acer rubrum
Quercus virginiana
Quercus shumardii
Quercus michauxii
Pinus taeda
Pinus palustris
Pinus elliottii
Celtis laevigata
Liquidambar styraciflua
Platanus occidentalis
Nyssa sylvatica
PALM TREES
Botanical Name
Sabal palmetto
Phoenix canariensis
Butia capitata
Phoenix sylvestris
Washingtonia robusta
UNDERSTORY OR ORNAMENTAL TREES
Botanical Name
Juniperus virginiana
Lagerstroemia indica
Ulmus alata
Ilex opaca
Ilex cassine
Ilex attenuata
Ilex vomitoria
Quercus myrtifolia
Quercus geminata
Nerium oleander
Podocarpus macrophyllus
Ligustrum lucidum
Ligustrum japonicum
Redbud
Wax Myrtle
Cercis canadensis
Myrica cerifera
(2) Selection criteria.
a. New oaks shall be used to replace removed oaks. Replacement credit for
oaks shall be limited to the species listed on the Atlantic Beach
Recommended Species List. Upon approval of the administrator,
hardwood species yielding similar canopy may be used to mitigate
removed oaks.
b. New palms may be used as replacement trees when replacing species
other than palms. Replacement credit for palms shall be limited to forty
(40) inches or fifty (50) percent of required mitigation, whichever is lesser.
Replacement credit for palms shall be limited to the species listed on the
Atlantic Beach Recommended Species List. Upon approval of the
administrator, a cluster of three (3) palms, subject to the other conditions
of this section, may be used to meet the requirements of a single shade
tree.
c. When a legacy tree is removed, replacement credit shall only be given for
the planting of a species that is on the legacy tree list. This shall not be
limited to the exact same species, nor shall the new tree have to meet the
size requirements of an established legacy tree. When a legacy tree is
removed, at least twenty-five (25) percent of mitigation shall be provided
on site in the form of replacement. Incentive credit shall be granted for the
use of legacy trees when replacing protected trees that are not on the
legacy tree lost. The incentive credit is equal to two (2) times the normal
replacement credit. The following species are legacy trees:
1. Bald Cypress (Taxodium distichum) twenty (20) inches in diameter
or greater.
2. Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba
(Eastern Red Cedar) twenty (20) inches in diameter or greater.
3. Elm (Ulmus alata) (Winged Elm), Ulmus American floridana
(Florida Elm), twenty (20) inches in diameter or greater.
4. Oak (Quercus virginiana) (Live Oak) twenty (20) inches in
diameter or greater and (Quercus geminata) (Sand Live Oak)
eight (8) inches in diameter or greater.
5. Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C
glabra (Pignut Hickory) twenty (20) inches in dimater or greater.
6. Loblolly bay (Gordania lasianthus) twenty (20) inches in diameter
or greater.
7. Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia
virginiana (Sweetbay Magnolia) twenty (20) inches in dimater or
greater.
(3)
8. Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple)
twenty (20) inches in diameter or greater.
9. Tupelo (Nyssa sylvatica) twenty (20) inches in diameter or greater.
Placement criteria.
a. Avoidance of underground utilities. No trees except those with a normal
mature height of less than thirty (30) feet may be planted within five (5)
linear feet of the centerline of any utility easement.
b. Avoidance of aboveground utilities and public facilities. No trees may be
planted closer to any curbs, curb lines, sidewalks or aboveground utilities
than the following, except for plans demonstrating no conflict with existing
aboveground utilities or public facilities, and approved by the
administrator:
1. Small trees or palms with normal mature height of fifteen (15) to
thirty (30) feet shall have a minimum setback of three (3) feet.
2. Medium trees or palms with normal mature height of thirty (30) to
fifty (50) feet shall have a minimum setback of six (6) feet.
3. Large trees with normal mature height of fifty (50) feet or more
shall have a minimum setback of ten (10) feet.
c. Spacing. The following spacing requirements shall serve as general
guidelines for the optimal growth and viability of trees, though trees may
be planted closer together upon approval of the administrator:
1. Small trees or palms with normal mature height of fifteen (15) to
thirty (30) feet shall be spaced at least ten (10) feet.
2. Medium trees or palms with normal mature height of thirty (30) to
fifty (50) feet shall be spaced at least twenty (20) feet.
3. Large trees with normal mature height of fifty (50) feet or more
shall be spaced at least thirty (30) feet.
4. Spacing of two (2) or more trees of differing sizes shall be based
upon the spacing requirements of the largest tree.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-34. Maintenance and monitoring requirements.
The applicant shall be responsible for maintaining the health of any replacement or
relocation trees for three (3) years from planting.
(1) Determination of success. The applicant shall determine the condition of each
tree, three (3) years after the tree was relocated or planted. This determination
shall be submitted to the city for approval within thirty (30) days of being made.
Should any tree die or be in a state of decline within three (3) years of being planted or
relocated, the applicant shall be required to replace the tree within sixty (60) days of that
determination. The three-year monitoring and approval period shall begin anew whenever a tree
is replaced. If that replacement tree is found not to be viable at the end of the second monitoring
period, the applicant may pay the appropriate amount into the tree fund in lieu of planting a third
replacement tree. If the applicant fails to replace the tree or to pay the appropriate amount into
the tree fund within sixty (60) days, the applicant shall be in violation of this chapter.
(2) Large-scale projects. If a permit includes the relocation of ten (10) or more trees,
or the planting of one hundred (100) or more replacement trees, the
determination of success for the overall mitigation effort shall be based upon a
percent survival rate. A successful project shall be one (1) in which ninety (90)
percent or more of the newly planted or relocated trees are determined to be
viable after a period of three (3) years. If a large-scale project is determined to be
successful on this basis, additional replacement trees will not be required.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-35. Elimination of undesirable species.
(a) The natural vegetative communities existing within the city shall be protected by
the control and elimination of non-native invasive species. To that end, the
following guidelines shall apply:
(1) Planting of species on the Atlantic Beach Prohibited Species List shall not
be accepted for mitigation credit.
(2) Removal of nonnative invasive species from nonresidential properties
(excluding jurisdictional wetlands), shall be completed, whenever
practicable, as a requirement for approval of any development permit
issued by the city or the issuance of a certificate of occupancy if
applicable.
Procedures for the control and elimination of non-native invasive species
shall in no way promote the proliferation of the species through the
dispersal of seed or other means.
(4) Procedures for the control and elimination of non-native invasive species
shall in no way harm or cause the decline of desirable species that are to
be preserved, planted or relocated.
(b) Atlantic Beach Prohibited Species List. The following species or sub -species of
trees are not protected trees under this chapter, and are exempt from mitigation.
The trees on this list shall not be accepted for replacement or relocation credit.
(3)
Australian pine
Australian pine thicket
Bischofia
Brazilian pepper
Camphor tree
Carolina laurelcherry
Carrotwood
Castor bean
Catclaw mimosa
Chinaberry tree
Chinese tallow
casuarina cunninghamiana
casuarina glauca
bischofia javanica
schinus terebinthifolius
cinnamomum camphora
prunus caroliniana
cupaniopsis anacardioides
ricinus communis
mimosa pigra
melia azedarach
sapium sebiferum
Chinese wisteria
Climbing cassia
Earleaf acacia
Golden Raintree
Guava
Jambolan
Laurel fig
Lead tree
Melaleuca tree
Mimosa tree
Orchid tree
Schefflera
Seaside mahoe
Shoebutton ardesia
Strawberry guava
Woman's tongue
wisteria sinensis
senna pendula
acacia auriculiformis
koelreuteria paniculata
psidium guayava
syzygium cimini
ficus microcarpa
leucanea leucocephala
melaleuca quinquenervia
albizia julibrissin
bauhinia variegata
schefflera actinophylla
thespesia populnea
ardisia elliptica
psidium cattleianum
albizia lebbeck
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-36. Elimination of contagious diseased and pest -infested trees.
The natural and cultivated vegetative communities existing within the city shall be
protected by the control and elimination of trees afflicted with rapid -spreading contagious
diseases and pests. Upon identification and/or confirmation of such infection or infestation by a
certified arborist or other qualified professional, the city shall give notice to the property owner to
remove the afflicted tree. Such tree removal shall be exempt from the permit application
requirements, as set forth in section 23-22. Further, mitigation shall not be required, provided
however, the subject property is in compliance with minimum tree requirements, as set forth in
section 23-30.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-37. Payment in lieu of replacement/relocation.
It is the intent of this chapter that all reasonable methods be used to replace or relocate
trees onsite. Payment to the tree fund in lieu of replacement or relocation shall not be construed
as a routine mitigation option. Rather, it shall be reserved for cases where the ability to replace
or relocate trees onsite is restricted by circumstances related to federal, state or local
regulations and requirements including but not limited to conflicts with rights-of-way, utilities,
stormwater facilities, septic fields and environmentally sensitive areas. The value to be paid into
the tree fund shall be established and adopted by resolution of the city commission, and
payments to the tree fund may be approved in accordance with the following provisions:
(1) For single- and two-family residential uses. If an applicant, at the time of
application, demonstrates a successful plan to accomplish at least fifty (50)
percent of the required mitigation onsite, the administrator shall approve the
application and issue a permit in accordance with section 23-23. The remaining
balance of the required mitigation shall be payable to the tree fund within seven
(7) days of such determination.
(2) For commercial, industrial and all other uses. Applications for tree or vegetation
removal permits for all uses and development, other than single- and two-family
residential uses, shall replace or relocate required mitigation onsite, except in
cases where the administrator finds, based upon the above stated conditions,
that onsite mitigation is not possible. Upon approval of a mitigation plan by the
administrator, a permit shall be issued by the administrator, and the remaining
balance of the required mitigation shall be payable to the tree fund within seven
(7) days of such determination.
Where payment in lieu of replacement or relocation is approved, as set forth in
preceding subsections (1) or (2), the applicant shall pay the equivalent value of
the portion not planted or relocated, to the city's tree fund. The approved
mitigation payment shall be payable to the tree conservation trust fund within
seven (7) calendar days of the approved mitigation order. Mitigation payments
not received within the prescribed time period shall result in the filing of a lien on
the subject property.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
(3)
Secs. 23-38-23-39. Reserved.
DIVISION 5. AREAS OF SPECIAL CONCERN
Sec. 23-40. Applicability.
Sec. 23-41. Historic corridors and heritage trees.
Secs. 23-42-23-45. Reserved.
Sec. 23-40. Applicability.
There exist within the city certain areas which contain trees or vegetation of special
value and concern, or areas of such great social, cultural, historical, ecological, environmental
or economic significance that they may warrant added measures of protection.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-41. Historic corridors and heritage trees.
(a) Designation. The city commission may by resolution designate historic corridors
or individual heritage trees. In doing so, the city commission shall specifically
identify those streets, or portions thereof, or trees, which shall be so designated.
(b) Criteria. In considering whether roadways or portions thereof shall be designated
as historic corridors, the city commission may consider the following criteria:
(1) The presence of historically significant tree coverage or landscaping, as
individual plants or in groupings.
(2) The presence of culturally significant tree coverage or landscaping.
(3) The presence of significant architectural structures with associated tree
coverage or landscaping.
(c) Documentation. The administrator shall maintain a record of all historic corridors
so designated and their location shall be reflected on city maps as such.
(d) Mitigation. Mitigation required for the removal of designated heritage trees and
trees within designated historic corridors, shall be at a higher rate than removal
of nondesignated tree(s), as specified in section 23-33, as an extra measure to
encourage protection of such trees.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 23-42-23-45. Reserved.
DIVISION 6. VIOLATIONS, ENFORCEMENT AND PENALTIES
Sec 23-46. Violations.
Sec. 23-47. Notice of violation.
Sec. 23-48. Stop work order.
Sec. 23-49. Requirement for emergency or immediate corrective action.
Sec. 23-50. Code enforcement action.
Sec. 23-51. Penalties.
Secs. 23-52-23-60. Reserved.
Sec 23-46. Violations.
Violations, including failure to make proper application for a tree or vegetation removal
permit as required by these provisions, or failure to implement any requirements or conditions of
a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be
subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this
Municipal Code of Ordinances and any other remedies available under applicable law.
(1) Development activity. It shall be a violation of this chapter for any person(s) to
engage in development or other activity, which has the potential to damage,
destroy or remove, or cause the destruction or removal of any tree or vegetation
as regulated herein, without complying with all applicable provisions of this
chapter.
(2) Compliance with approved permit. It shall be a violation of this chapter for any
person who has obtained a permit from the city pursuant to the requirements of
this chapter to fail to comply with the requirements of the approved permit and
any conditions attached thereto.
Compliance with general conditions of permit. The following minimum conditions
shall apply to every permit issued pursuant to this chapter, and violation of or
failure to comply with any such condition(s) shall be a violation of this chapter:
(3)
a. Permit and plans onsite. Approved permits and plans shall be available
onsite at all times during development activity.
b. Responsible individual onsite. Whenever site work is ongoing, there shall
be an individual at the site who shall be responsible for the ongoing work
and who shall have the familiarity with the project to ensure work is
proceeding according to approved plans. This provision is not intended to
require that a single individual remain onsite during all operations, only
that at all times there shall be a designated person in responsible charge.
(4) Maintenance requirements. It shall be a violation of this chapter for any person(s)
who is engaged in development activity on property located within the city or in
accordance with a permit issued by the city pursuant to this chapter, or who has
obtained title to property upon which such activities have taken place, to fail to
comply with the minimum standards and maintenance requirements set forth
herein.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-47. Notice of violation.
Whenever the administrator determines that a violation of this chapter has occurred, the
administrator shall immediately issue written notice to the person(s) in violation, identifying the
nature and location of the violation and specifying that remedial action is necessary to bring the
violation into compliance. The person(s) in violation shall immediately, conditions permitting,
commence remedial action and shall have seven (7) calendar days after the receipt of notice, or
such longer time as may be specified in the notice, to complete the remedial actions required to
bring the violation into compliance with this chapter.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-48. Stop work order.
(a) Authority to stop work. The city manager or designee of the city manager shall
have the authority to immediately issue a stop work order in any of the following
circumstances:
(1) Whenever land is being cleared without an approved permit or in a
manner inconsistent with the approved permit;
(2) Upon the failure of the permittee, or failure of the property owner if no
permit exists, to take immediate corrective action when there is an
apparent danger to life or property;
Whenever ongoing noncompliant work is not immediately and
permanently stopped upon receipt of a written or oral notice of violation;
(4) Whenever protection measures have not been implemented or
maintained and danger to regulated trees or regulated vegetation exists
or appears imminent;
Whenever remedial work required by notice of violation pursuant to
subsection (a) of this section is not completed in the time period specified;
or
(3)
(5)
(6) Upon failure to post or have the approved permit and plans available
onsite.
(b) Content and scope of stop work order. The stop work order shall specify the
circumstances that have resulted in issuance of the order. It shall also direct that
all work be stopped other than such remedial work as is deemed necessary to
bring the violation into compliance, or it may specify the cessation of specific
work by functional nature, such as land clearing, regulated tree or regulated
vegetation removal, grading, roadway construction, building erection or utility
construction. The order may apply to the entire project or to geographical
portions of the project that may be individually specified.
(c) Failure to comply after notice of violation and stop work order. If the person(s) in
violation fails to complete the required remedial action within the prescribed time,
or continues any development activity in violation of a stop work order, the
administrator may refer such matter to the code enforcement board or may
initiate any other enforcement action or remedies as authorized by law.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-49. Requirement for emergency or immediate corrective action.
Where it is determined by the city that failure to maintain stormwater management
facilities, erosion, sediment or tree/vegetation protection controls, or failure to conform to the
provisions of this chapter or permit conditions, is resulting in danger or damage to life or
property, the city may require immediate corrective action. Protection controls which are
breached due to development activity, wind, rain or other factors shall be repaired within
twenty-four (24) hours of breach. Failure to take such immediate corrective action when notified
shall constitute a violation of this chapter. If immediate corrective measures are not taken by the
permittee or property owner and the conditions of the site are such that there is danger or
hardship to the public, the city may enter upon lands, take corrective actions, and place a lien
on the real property of such person(s) to recover the cost of the corrective measures. In
addition, the administrator may revoke any permit issued pursuant to this chapter.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-50. Code enforcement action.
Failure to complete remedial actions required to bring the violation into compliance with
this chapter shall result in code enforcement action pursuant to chapter 2, article V, division 2 of
the Municipal Code of Ordinances as well as other remedies available under applicable law.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-51. Penalties.
(a) General provisions. Any person(s) violating a provision of this chapter shall be
punishable according to the law or in accordance with the findings of the duly
appointed code enforcement board.
(1) Violations of this chapter are considered irreparable and irreversible in
nature.
(2) Each day any violation continues shall constitute a separate offense.
(3)
(4)
(5)
Each regulated tree removed from a site in violation of these regulations
shall constitute a separate offense.
Each acre or fraction thereof, of land cleared in violation of these
regulations shall constitute a separate offense.
Person(s) charged with violations of this chapter may include:
a. The owner, agent, lessor, lessee, contractor or any other
person(s) using the land, building or premises where such
violation exists.
b. Any person(s) who maintains any land, building or premises upon
which a violation exists.
c. Any person(s) who knowingly commits, takes part, or assists in
such violation.
(b) Building permits. No building permit shall be issued for a site unless and until a
required tree or vegetation removal permit has been issued, or while any
violation of this chapter exists on the subject site.
(c) Injunction. Any affected person(s) may seek an injunction against any violation of
the provisions of this chapter and recover from the violator such damages as he
or she may suffer including, but not limited to, damage to property as a result of
development or failure to maintain, in violation of the terms of this chapter.
(d) Sanctions for failure to obtain a permit.
(1) Regulated trees or regulated vegetation removed in violation of this
chapter shall require an after -the -fact permit, the fee for which shall be
two (2) times the normal established application fee specified in section
23-26. In addition, as a condition of the permit, the applicant shall
immediately complete all remedial work as necessary to stabilize the site
and mitigate all damage to the site and adjacent properties.
(2) Regulated trees removed in violation of this chapter shall be assessed at
two (2) times the normal established rate of mitigation specified in section
23-33.
(3)
If a lot, parcel, site or portion thereof, has been cleared such that the
administrator is unable to determine with reasonable certainty the number
and size of regulated trees and/or regulated vegetation removed in
violation of this chapter, analysis of aerial photography or other such
accepted scientific methodology shall be used to make a determination as
to the loss of canopy and/or land cover for the purpose of assessing
mitigation. A civil fine of five dollars ($5.00) per square foot of canopy or
land cover lost shall be assessed by the administrator, and shall be
payable to the tree fund within seven (7) days of such assessment. No
further work or development shall proceed until the city is in receipt of any
such assessed fine.
(4) Any person(s) exhibiting a documented history of chronic or repeated
violations of this chapter shall, upon third offense, be reported to the
Florida Department of Business and Professional Regulation, as well as
any other authority governing licensing, registration or certification of
individuals or businesses.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 23-52-23-60. Reserved.
Chapter 24 LAND DEVELOPMENT REGULATIONS I""[1]
ARTICLE I. IN GENERAL
Sec. 24-1. Adoption and authority.
Sec. 24-2. Purpose and intent.
Sec. 24-3. Jurisdiction.
Sec. 24-4. Amendments.
Sec. 24-5. Legal status and consistency with the comprehensive plan.
Secs. 24-6-24-15. Reserved.
Sec. 24-1. Adoption and authority.
This chapter, together with all future amendments hereto, is adopted under the terms
granted by the Charter. The city commission does hereby exercise the power to classify land
within the jurisdiction of the City of Atlantic Beach into zoning districts; to review, approve or
deny requests to change zoning district classifications; requests for uses -by -exception; requests
for variances and waivers to certain provisions of these regulations; to hear appeals on any
decisions; to review and approve or deny plats for the subdivision of land and to make
comprehensive plan amendments.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-2. Purpose and intent.
The purpose of this chapter, the zoning districts and regulations set forth herein is to
provide for orderly growth; to encourage the most appropriate use of land; to protect the natural
environment; to protect and conserve the value of property; to prevent the overcrowding of land;
to promote, protect and improve the health, safety, comfort, good order, appearance,
convenience, and general welfare of the public; and to help accomplish the goals and objectives
of the comprehensive plan. Further:
(a) In interpreting and applying the provisions of this chapter, these provisions shall
be held to be the minimum requirements for the promotion of the health, safety,
and general welfare of the community.
(b) It is not intended by this chapter to interfere with or abrogate or annul any
easements or other private agreements between parties. Where any provision of
this chapter imposes restrictions that are different from those imposed by any
other provision of this chapter, or any other ordinance, rule or regulation, or other
provision of law, whichever provisions are the more restrictive or impose higher
standards shall control.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-3. Jurisdiction.
The provisions of this chapter shall apply to all lands, buildings, structures and to the
uses within the jurisdiction of the City of Atlantic Beach. No land, building or structure shall be
used, moved, added to or enlarged, altered or maintained except in conformance with the
provisions of this chapter and in conformance with the comprehensive plan.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-4. Amendments.
For the purpose of providing for the public health, safety and general welfare of the City
of Atlantic Beach, the city commission may, from time to time, amend the provisions of this
chapter. Public hearings on all proposed amendments shall be held by the city commission or
the community development board in the manner as prescribed by Florida law and as set forth
within section 24-52 of this chapter.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-5. Legal status and consistency with the comprehensive plan.
Pursuant to Section 163.3194(1), Florida Statutes, as may be amended, all development
undertaken, and all actions taken in regard to development, shall be consistent with the adopted
comprehensive plan. Further, all land development regulations enacted or amended shall be
consistent with the adopted comprehensive plan, and in the event of inconsistency between the
requirements of any zoning or land development regulations, the provisions of the
comprehensive plan shall prevail. The city commission shall have the authority to amend the
adopted comprehensive plan in accordance with the process established within Section
163.3184, Florida Statutes.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-6-24-15. Reserved.
ARTICLE II. LANGUAGE AND DEFINITIONS
Sec. 24-16. Construction of language.
Sec. 24-17. Definitions.
Secs. 24-18-24-30. Reserved.
Sec. 24-16. Construction of language.
The following rules of construction shall apply to the text of this chapter:
(a) The particular or specific shall control the general.
In case of any difference in the meaning or implication between the text of this
chapter and any caption or illustrative table, the text shall control.
The word "shall" is always mandatory and not discretionary. The word "may" is
permissive.
"Building" or "structure" includes any part thereof, and these terms may be used
interchangeably.
The phrase "used for" includes "arranged for," "designed for," "maintained for" or
"occupied for."
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:
(1) "And" indicates that all the connected items, conditions, provisions or
events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions or events
may apply singly or in any combination.
"Either/or" indicates that the connected items, conditions, provisions or
events shall apply singly, but not in combination.
(g) 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.
(3)
(h) In the event that the provisions, as set forth within this chapter, conflict with those
of any other federal law, Florida Statute, local ordinance, resolution or regulation,
including the comprehensive plan for the City of Atlantic Beach, or any other
applicable law, the more stringent standard, limitation or requirement shall
govern to the extent of the conflict, and further provided that such other
requirement is not in conflict with the adopted comprehensive plan.
Any reference to Florida Statutes, the Florida Administrative Code, the Florida
Building Code, and any other federal, state or local ordinance, resolution or
regulation shall mean as in effect at the time such is applied, including all
amendments made effective after the initial effective date of these land
development regulations.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(i)
Sec. 24-17. Definitions.
For purposes of this chapter, the following terms shall have the meanings as set forth
within this section. Where applicable and appropriate to the context, definitions as set forth
within the Florida Building Code, within Florida Statutes, or as established by state or federal
agencies of government as these may be amended, shall be used in conjunction with these
terms and the requirements of this chapter. Terms used in this chapter, but not defined within
this section shall have their common meaning.
Note: The definitions set forth within this section establish the meaning of terms used
throughout this chapter and the city's Municipal Code of Ordinances and are also instructive as
to how these land development regulations are implemented related to the use and limitations
on the use of lands within the city.
Abandoned vehicle shall mean any junked, discarded, or inoperable motor vehicle,
including any boat, motorcycle, trailer and the like, with a mechanical or structural condition that
precludes its ability for street travel or its intended use, or one that is dismantled, discarded,
wrecked, demolished or not bearing current license tags. No such vehicle shall be parked or
stored openly in any zoning district unless expressly permitted within that zoning district.
Abutting property shall mean any property that is immediately adjacent to or contiguous
to the subject property, or that is located immediately across any road or public right-of-way
from the subject property.
Accessory structure shall mean any structure located on a lot, not attached to the
principal building, and ancillary in use to the principal building. Pump houses for exterior well
pumps and the like not exceeding nine (9) square feet in area and four (4) feet in height shall
not be considered as accessory structures. Pump houses larger than nine (9) square feet or
four (4) feet in height shall be considered as a private garage for the purpose of determining
height and area regulations. This definition shall not include fences, hedges and walls, storage
structures not exceeding eight (8) feet in height and eighty (80) square feet, flagpoles, children's
play equipment, pet houses and landscape elements provided such are otherwise in compliance
with the requirements of this chapter.
Accessory use is one (1) that is ancillary and incidental, but related to the principal use
of the property.
Addition shall mean an extension or increase in floor area or height of a building or
structure.
Administrative official as used within this chapter shall mean that person(s) designated
by the city manager or the city commission to perform such duties as required pursuant to this
chapter.
Adversely affected person, as used within this chapter, shall mean a person who is
suffering or will suffer an adverse effect to an interest protected or furthered by these land
development regulations or the City of Atlantic Beach Comprehensive Plan. The alleged
adverse effect may be shared in common with other members of the community, but must
exceed in degree the general interest in community good shared by all persons in the
community.
Alley shall mean a public or private way, which affords only a secondary means of
access to property abutting thereto, which is not otherwise designated as a thoroughfare for
general traffic.
Alteration shall mean any change in the arrangement of a building; any work affecting
the structural parts of a building; or any change in electrical, plumbing, heating or air
conditioning systems.
Animal hospital. See "Veterinary clinic" or "Hospital."
Apartment house. See "Dwelling, multifamily."
Applicant shall mean the title owner of record, or his authorized representative, of lands
that are the subject of a request for a change in zoning classification, a use -by -exception, a
variance, an appeal or any development permit.
Appraised value shall mean the value to an improvement or property as determined by a
certified appraiser. For the purpose of determining the appraised value, the certified appraisal
shall have been performed within the previous twelve (12) months.
Arbor shall mean a landscape element designed solely to support vines, branches or
landscape elements, and which does not contain any type of solid roof.
Assessed value shall mean the value to an improvement or property as determined by
the Duval County Property Appraiser in the manner provided by Florida law.
Automotive service, minor shall mean the limited, minor or routine servicing of motor
vehicles or parts, but shall not include heavy automotive repair. Facilities containing more than
two (2) work bays, and performing any type of automotive service or repair shall be defined as
heavy automotive repair.
Automotive repair, heavy 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 alcoholic beverages.
Base flood elevation (BFE) [shall mean] the elevation shown on the FEMA flood
insurance rate map for zones AE, AH, A1—A30, AR, AR/A, AR/AE, AR/A1—A30, AR/AO,
V1—V30, and VE that indicates the water surface elevation resulting for a flood that has a
one -percent chance of equaling or exceeding that level in any given year.
Best management practice (BMP) shall mean the methods that have been determined to
be the most effective, practical and sound means to achieve an objective related to water
supply, stormwater, vegetative, conservation or environmental resource management.
Block shall mean an arrangement or combination of lots, the perimeter of which abuts
street rights-of-way or other publicly -owned lands. This may be construed to include approved
subdivision plans with lot arrangements or combinations where only a portion of the perimeter
abuts a street right-of-way or publicly -owned land.
Boarding house, 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 and 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.
(1)
Maintenance bond: Upon issuance of the certificate of occupancy, or when
required improvements are installed prior to recording the plat, surety may be
required to be posted in the amount of one hundred (100) 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 one (1)
year.
(2) Performance bond: When required improvements are installed after recording the
plat, surety may be required to be posted in the amount of one hundred and
twenty-five (125) percent of the engineer's estimate of costs, including landfill.
Buffering. See "Screening."
Buildable area shall mean that portion of a parcel which may be constructed upon in
accordance with the provisions of this chapter and any other restrictions of City Code,
applicable state or federal regulations or a recorded subdivision plat. Unless otherwise provided
for within any such restriction, buildable area shall exclude building setbacks, utility and
drainage easements, stormwater facilities, wetlands and lands seaward of the coastal
construction control line.
Building shall mean a structure designed or built for support, enclosure, shelter or
protection of persons, animals or property of any kind. Building shall include any structure
constructed or used for a residence, business, industry or other private or public purpose,
including buildings that are accessory to such uses, provided such buildings are in compliance
with the Florida Building Code.
Building permit shall mean any permit, which authorizes the commencement of
construction in accordance with the construction plans or site plans approved by the city under
the provisions of this chapter and other applicable federal, state and local regulations.
Building, principal shall mean a building within which is conducted the principal use of
the lot or property upon which the building is situated.
Building setback shall mean the minimum required horizontal distance between the front,
rear or side property lines of the lot and the front, rear or sides of the building. When two (2) or
more lots under single or unified ownership are developed as a single development parcel, the
exterior lot lines of the combined parcel(s) shall be used to determine required building
setbacks. Building setback and building restriction line may have the same meaning and may be
used interchangeably where such lines are recorded on a final subdivision plat.
Building restriction line (BRL) shall mean the line(s) extending across the front, sides
and/or rear of the property, as depicted on a platted lot of record. Buildings shall be contained
within building restriction lines. Building restriction lines, which may require a greater building
setback than the minimum yard requirement of the applicable zoning district, and which have
been recorded upon a final subdivision plat approved and accepted by the city, shall be
enforceable by the city.
Car wash shall mean an area of land or a structure with either a machine or hand
operated facilities, used principally for the cleaning, washing, polishing or waxing of motor
vehicles, but shall not include any type of repair or servicing of motor vehicles or the dispensing
of automotive fuels.
Cemetery shall mean land used or intended to be used for the burial of animal or human
dead and dedicated for cemetery purposes, including mausoleums and mortuaries, if operated
in connection with and within the boundaries of such cemetery.
Certificate of occupancy or certificate of completion shall mean that certificate issued by
the City of Atlantic Beach subsequent to final inspection by the building official verifying that all
improvements have been completed in conformance with the requirements of this chapter, any
final subdivision plat, and the approved construction plans and the Florida Building Code.
Certified survey shall mean a survey, sketch plan, map or other exhibit containing a
written statement regarding its accuracy or conformity to specified standards certified and
signed by the registered surveyor under whose supervision said survey was prepared. Certified
survey is inclusive of all types of surveys as may be required by these land development
regulations.
Change of use shall mean discontinuance of an existing use and the substitution of a
different use as classified by these land development regulations. In the case of question
regarding use, such use shall be determined based upon the Standard Industrial Classification
(SIC) Code Manual issued by the United States Office of Management and Budget.
Child care means the care, protection, and supervision of a child, for a period of less
than twenty-four (24) hours per day, on a regular basis, which supplements parental care,
enrichment, and health supervision for the child, in accordance with his individual needs, and for
which a payment, fee, or grant is made for such care. Child care provided within private homes
shall be limited to care of not more than five (5) children, unrelated to the operator, within a
single time period, and shall be licensed and operated in accordance with all applicable
requirements of the Florida Department of Children and Families and section 24-152 of this
chapter.
Child care facility shall include child care centers, day nurseries, kindergartens, and any
child care arrangement, which provides child care for more than five (5) children unrelated to the
operator, and which receives a payment, fee, or grant for any of the children receiving care,
wherever operated, and whether or not operated for profit. This definition shall not include family
day care home.
Church shall mean a building used for nonprofit purposes by a recognized or established
religion as its place of worship. A single residential dwelling unit for occupancy by the pastor or
minister and their families may be located within the church or on the same property as the
church. Ancillary recreational and fundraising activities such as bingo nights are permitted.
City shall mean the City of Atlantic Beach.
Clinic shall mean an establishment where patients, who are not kept overnight, are
admitted for examination and treatment by one (1) person or a group of persons practicing any
form of healing or health services to individuals, whether such persons be medical doctors,
chiropractors, osteopaths, chiropodists, naturopaths, optometrists; dentists or any such
profession, the practice of which is lawful in the State of Florida.
Club shall mean a privately owned establishment owned and operated by a corporation
or association of persons for social or recreational purposes, but not operated primarily for profit
or to render a service or product, which is customarily carried on as a business. Ancillary
recreational and fundraising activities such as bingo nights are permitted.
Coastal construction control line (CCCL) shall mean the line as determined by the
Florida Department of Environmental Protection (FDEP), and regulated under authority of the
Beach and Shore Preservation Act, Chapter 161, Florida Statutes, which is administered by the
FDEP.
Code shall mean the Municipal Code of Ordinances for the City of Atlantic Beach,
Florida.
Community center shall mean a facility available for public use, which may be used for
recreation activities, meetings and social gatherings, and also for government, cultural, civic or
similar type activities.
Comprehensive plan shall mean the local government comprehensive plan, which was
adopted by the city commission pursuant to the Local Government Comprehensive Planning
and Land Development Regulation Act, consistent with Chapter 163, Florida Statutes, and
which serves as the legal guideline for the future development of the city. Pursuant to Section
163.3194(1)(b), Florida Statutes, in the case of any inconsistency between the provisions of this
chapter and the comprehensive plan, the comprehensive plan shall prevail.
Construction plans shall mean the construction and engineering drawings,
specifications, tests and data necessary to show plans for construction of the proposed
improvements to land, and shall be in sufficient detail to permit evaluation of the proposals.
Corner lot. See "Lot, corner."
Covenants shall mean various forms of private agreements and deed restrictions
recorded in the public records that restrict the use of private property. Such agreements are
private contractual arrangements, and the city has no authority or obligation to monitor or
enforce such agreements, but where these land development regulations impose a greater
restriction on the use and development of land, the provisions of these regulations shall govern.
The term "covenants" shall include restrictive covenants, and other similar terms used to
describe such private agreements.
Density shall mean the number of residential dwelling units permitted per acre of land, or
portion thereof, exclusive of rights-of-way, canals and drainage ditches, lakes, rivers and
jurisdictional wetlands or lands seaward of the coastal construction control line. Allowable
density shall be established by the comprehensive plan, as may be amended.
Development and redevelopment shall be defined according to Section 380.04, Florida
Statutes, as follows:
(a) Development means the carrying out of any building or mining operation or the
making of any material change in the use or appearance of any structure or land
and the dividing of land into more than two (2) parcels.
(b) The following activities or uses shall be taken for the purposes of this chapter to
involve development, as defined in this section:
(1) A reconstruction, alteration of the size or material change in the external
appearance of a structure on land.
(2) A change in the intensity of use of land, such as an increase in the
number of dwelling units in a structure or on land or a material increase in
the number of businesses, manufacturing establishments, offices or
dwelling units in a structure or on land.
Alteration of a shore or bank of a seacoast, river, stream, lake, pond or
canal, including any coastal construction, as defined in Section 161.021,
Florida Statutes.
(3)
(4) Commencement of drilling, except to obtain soil samples, mining or
excavation on a parcel of land.
(5)
(6)
(7)
Demolition of a structure.
Clearing of Land as an adjunct of construction.
Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(c) The following operations or uses shall not be taken for the purposes of this
chapter to involve development as defined in this section:
(1) Work by highway or road agency or railroad company for the
maintenance or improvement of a road or railroad track, if the work is
carried out on land within the boundaries of the right-of-way.
(2) Work by a utility and/or other person engaged in the distribution or
transmission of gas or water, for the purpose of inspecting, repairing,
renewing or construction on established rights-of-way, any sewers,
mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or
the like.
(3)
Work for maintenance, renewal, improvement or alteration of any
structure, if the work affects only the interior or the color of the structure
or the decoration of the exterior of the structure.
(4) The use of any structure or land devoted to dwelling uses for any purpose
customarily incidental to enjoyment of the dwelling.
A change in the ownership or form of ownership of any parcel or
structure.
(5)
(6) The creation or termination of rights of access, riparian rights, easements,
covenants concerning development of land or other rights in land.
Development parcel or development site shall mean the contiguous or adjacent lands,
lots or parcels for which a unified development project is proposed.
Development permit shall include any building permit, variance, use -by -exception, site
plan, plat or subdivision approval, rezoning, or other official action of the City of Atlantic Beach,
which shall permit the use or development of land upon proper issuance of said permit.
Development project shall mean a unified development constructed or reconstructed on
contiguous lands.
District shall mean zoning district classifications as established by the official zoning map
and as set forth within division 5 of this chapter.
Dual rear wheel vehicle shall mean a motor truck, trailer, semitrailer or tractor/trailer
combination with a load capacity in excess of two (2) tons, used for commercial/private use and
used as a means of transporting persons or property over the public street of the city and
propelled by power other than muscular power which have more than or are designed to have
more than four (4) weight-bearing wheels, except that a dual rear wheel pick-up truck not used
for commercial purposes or recreation vehicle shall not be deemed to constitute a dual rear
wheel vehicle. A public service vehicle used for emergencies shall not be deemed to constitute
a dual rear wheel vehicle.
Duplex. See "Dwelling, two-family."
Dwelling unit shall mean a single unit providing complete independent living facilities for
one (1) family as defined herein, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
Dwelling, multifamily shall mean a residential building designed for or occupied
exclusively by three (3) or more families, with the number of families in residence not exceeding
the number of dwelling units provided.
Dwelling, single-family shall mean a building containing one (1) dwelling unit, and not
attached to any other dwelling unit by any means, and occupied by one (1) family only.
Dwelling, two-family (duplex) shall mean a residential building containing two (2)
dwelling units designed for or occupied by two (2) families, with the number of families in
residence not exceeding one (1) family per dwelling unit.
Easement shall mean a grant from a property owner or public agency for the use of land
for a specific purpose or purposes by the general public or a public agency, by a corporation or
by certain person(s).
Eaves and cornices shall mean typical projections, overhangs or extensions from the
roof structure of a building. Eaves and cornices shall not project beyond forty-eight (48) inches
into required front and rear yards. Eaves and cornices shall not project into required side yards
beyond twenty-four (24) inches.
Elevation certificate shall mean a survey of the elevation of the lowest finished floor and
adjacent ground in the local floodplain datum as required by Federal Emergency Management
Agency (FEMA). Elevation certificates shall be prepared and certified by a land surveyor,
engineer, or architect who is authorized by commonwealth, state, or local law to certify elevation
information.
Environmentally sensitive areas shall include lands, waters or areas within the City of
Atlantic Beach which meet any of the following criteria:
(a) Wetlands determined to be jurisdictional, and which are regulated by the Florida
Department of Environmental Protection (FDEP) and the St. Johns River Water
Management District (SJRWMD);
(b) Estuaries or estuarine systems;
(c) Outstanding Florida waters and natural water bodies;
(d) Areas designated pursuant to the Federal Coastal Barrier Resource Act
(PL97-348), and those beach and dune areas seaward of the coastal
construction control line;
(e) Areas designated as conservation by the future land use map;
(f) Essential habitat to listed species as determined by approved methodologies of
the Florida Fish and Wildlife Conservation Commission, the Department of
Agriculture and Consumer Services, and the U.S. Fish & Wildlife Service.
Family shall mean one (1) or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, exclusive of household servants and
minor children under the age of eighteen (18). Persons living and cooking together in a
domestic relationship and as an integrated single housekeeping unit, though not related by
blood, adoption or marriage, shall be deemed to constitute a family, provided that such
alternative definition of family shall not exceed two (2) persons over the age of eighteen (18).
The term "family" shall not be construed to mean fraternities, sororities, clubs, convents or
monasteries, or other types of institutional living arrangements.
Family day care home shall mean as defined by state law. (See also "Group care
home.") Pursuant to Section 166.0445, Florida Statutes, the operation of a residence as a family
day care home registered and licensed with the Department of Children and Family Services or
other licensing agency shall constitute a permitted residential use and shall not require approval
of a use -by -exception.
Fence shall mean any horizontal structure constructed of wood, vinyl, lattice, masonry,
fence wire, metal or similar materials for the purpose of enclosing, screening or separating land.
Open frames, open trellises, or similar open landscape fixtures, designed solely to support
landscaping and plant materials shall not be construed as a fence, but shall comply with
applicable regulations for such features as set forth within section 24-157 of this chapter.
Finished floor elevation (FFE) shall mean the surface elevation of the lowest finished
floor of a building. Minimum required finished floor elevation is established by the FEMA
insurance rate map (FIRM) and expressed as the minimum elevation of the top of the first floor
of a building. Minimum FFE within the City of Atlantic Beach is eight and one-half (8.5) feet
above mean sea level (see also subsection 24-82(k)).
Floor area shall mean the sum of the horizontal areas of all floors of a building or
buildings, measured from exterior faces of exterior walls or from the center line of walls
separating two (2) attached buildings.
Foster home shall mean any establishment or private residence that provides 24-hour
care for more than three (3) children unrelated to the operator and which receives a payment,
fee or grant for any of the children receiving care, and whether or not operated for profit.
Freeboard is a factor of safety expressed in feet above the base flood elevation (BFE).
Within the City of Atlantic Beach, required freeboard is two and one-half (2.5) feet.
Future land use, as used in this chapter, shall mean the future land use as designated
by the adopted comprehensive plan future land use map, as may be amended.
Garage apartment shall mean a dwelling unit for not more than one (1) family, which is
combined with a private garage, allowed only as set forth within section 24-88. A garage
apartment shall not be leased or rented for periods of less than ninety (90) consecutive days.
Only one (1) garage apartment shall be allowed on a residential lot, subject to the provisions of
section 24-88.
Garage, apartment building shall mean a building, designed and intended to be used for
the housing of vehicles, belonging to the occupants of an apartment building on the same
property.
Garage, private shall mean a detached residential accessory structure or a portion of the
principal building used as a work or hobby space, for recreation or leisure activities, or for the
storage of motor vehicles and personal property belonging to the occupants of the principal
building. A private garage may contain sleeping quarters, electrical service and plumbing, but
shall not contain a kitchen and shall not be converted to or used as a dwelling unit. No home
occupation shall be conducted with a private garage, unless approved in accordance with the
provisions of section 24-159. A carport shall be considered as a private garage (see subsection
24-151(b)(1)d.).
Garage, public shall mean a building or portion thereof, other than a private garage,
designed or used for the parking, storage and hiring of motor vehicles. Public garages shall be
permitted only within commercial and industrial zoning districts.
Garage sale shall mean a temporary event for the sale of personal property in, at or
upon any residentially zoned property, or upon any commercially zoned property independent of
any business licensed under this Code to conduct retail sales upon such property. Garage sales
shall include, but not be limited to, the advertising of the holding of any such sale, or the offering
to make any such sale, whether made under any other name such as yard sale, front yard sale,
back yard sale, home sale, patio sale, rummage sale.
Government use shall mean the use of lands owned by the federal, state or local
government used for a purpose, which is related to governmental functions. Any lawful activity is
permitted without restriction. Any lands used by a government, which are converted to private
ownership, shall comply with the requirements of the particular zoning district classification and
the comprehensive plan.
Grade, calculated average shall mean the average elevation of a site, calculated prior to
development or redevelopment of a site or any future topographic alteration of a site. The
calculated average grade shall be used for determination of the maximum allowable height of
building on parcels that have topographical variation of more than two (2) feet as demonstrated
by a certified topographical survey and for all oceanfront parcels. This average elevation shall
be determined by the mathematical average of elevation points dispersed at approximately
ten -foot equidistant intervals across the buildable area of a parcel.
For sites where natural topography has been previously altered or where existing structures
remain, the same method shall be used excluding areas where existing structures remain.
Where required, the certified Calculated Average Grade Survey shall be submitted with
Construction Plans, and the Calculated Average Grade shall be depicted on all exterior
elevation sheets of the Construction Plans. See definition of Certified Survey for requirements.
Note: Alteration of topography for the sole purpose of achieving greater height of building is
prohibited. See also following definition for "Established grade."
Grade, established shall mean the elevation of a site after any duly authorized and
approved fill, excavation or topographic alterations have been completed. Except as required to
meet coastal construction codes as set forth within a valid permit from the Florida Department of
Environmental Protection; or as required to meet applicable flood zone or stormwater
regulations, the grade, elevation or topography of a parcel, development or redevelopment site
shall not be altered.
Group care home shall mean any properly licensed dwelling, building or other place,
whether operated for profit or not, where adult (age eighteen (18) or older) or elder care for a
period exceeding twenty-four (24) hours is provided and involves one (1) or more personal
services for persons not related to the owner or administrator by law, blood, marriage or
adoption, and not in foster care, but who require such services. The personal services, in
addition to housing and food services may include, but not be limited to, personal assistance
with bathing, dressing, housekeeping, adult supervision, emotional security, and other related
services but not including medical services other than distribution of prescribed medicines.
Guest house or guest quarters shall mean a building or portion therein used only for
intermittent and temporary occupancy by a nonpaying guest or family member of the occupant
of the primary residence. A guest house or guest quarters shall not be converted to or used as a
permanent dwelling unit, shall not be rented for any period of time and shall not contain a
kitchen, but may contain a kitchenette as defined herein.
Height of building shall mean the vertical distance from the applicable beginning point of
measurement to the highest point of a building's roof structure or parapet, and any attachments
thereto, exclusive of chimneys. The appropriate method of determining the maximum allowable
height of building shall be used in accordance with the following:
(a) Parcels within designated special flood hazard areas as delineated on the
Federal Emergency Management Agency (FEMA) flood insurance rate map
(FIRM) shall use the required finish floor elevation as the beginning point of
measurement.
(b) Parcels that are not located within a designated flood hazard zones and which
have topographic variation of less than two (2) feet as demonstrated by a
certified topographical survey shall use the highest established grade as the
beginning point of measurement. Alternatively, property owners may use the
calculated average grade method if preferred.
(c) Regardless of flood zone designation, parcels with topographic variation of more
than two (2) feet as demonstrated by a certified survey of topography, including
all ocean front parcels, shall provide a certified survey of the calculated average
grade, and the calculated average grade shall be used as the beginning point of
measurement, excepting those parcels where the only topographical variation is
a city -maintained drainage easement where the method described in preceding
subsection (b) shall be used.
(d) Single -story construction where height of building is clearly below the maximum
permitted height shall not be required to provide a certified survey of the
calculated average grade, but shall provide the height of building as measured
from the established grade on the elevation sheets of construction plans.
Home occupation shall mean any use conducted entirely within a dwelling and carried
on by an occupant thereof, which use is clearly incidental and secondary to the principal use of
the dwelling for residential purposes and does not change the residential character thereof.
Home occupations shall be allowed only in accordance with the requirements of section 24-159.
Home office shall mean a business activity consisting only of a private office to be used
by the occupant of the home, which is entirely located within a residential structure and does not
involve any daily on -premises contact with customers or clients. A home office shall be clearly
incidental and accessory to the residential use of the property, and shall not involve any
employees, commercial signage, manufacturing or storage of products or materials, or the use
of any equipment other than normal office equipment and shall not create any additional daily
traffic. Home offices shall be a permitted accessory use in all residential zoning districts.
Hospital shall mean any institution or clinic, which maintains and operates facilities for
overnight care and treatment of two (2) or more unrelated persons as patients suffering mental
or physical ailments, but not including any dispensary or first-aid treatment facilities maintained
by a commercial or industrial plant, educational institution, convent or convalescent home or
similar institutional use.
Hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court shall mean a
building, or portion of a building, containing individual guest rooms or guest accommodations for
which rental fees are charged for daily or weekly lodging. This definition shall not include private
homes leased for periods exceeding ninety (90) days.
Impervious surface shall mean those surfaces that prevent the entry of water into the
soil. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio
areas, driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or
any surfacing material with a base or lining of an impervious material. Wood decking elevated
two (2) or more inches above the ground shall not be considered impervious provided that the
ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony
overhangs that are subject to inundation by stormwater and which allow the percolation of that
stormwater shall not be considered impervious areas. Swimming pools shall not be considered
as impervious surfaces because of their ability to retain additional rainwater, however, decking
around a pool may be considered impervious depending upon materials used. Surfaces using
pervious concrete or other similar open grid paving systems shall be calculated as fifty (50)
percent impervious surface, provided that no barrier to natural percolation of water shall be
installed beneath such material. Open grid pavers must be installed on a sand base, without
liner, in order to be considered fifty (50) percent impervious. Solid surface pavers (e.g., brick or
brick appearing pavers as opposed to open grid pavers) do not qualify for any reduction in
impervious area, regardless of type of base material used. Unless otherwise and specifically
provided for in these land development regulations, or within another ordinance, or by other
official action establishing specific impervious surface limits for a particular lot or development
project, the fifty (50) percent impervious surface limit shall be the maximum impervious surface
limit for all new residential development and redevelopment. In such cases where a previously
and lawfully developed residential lot or development project exceeds the fifty (50) percent limit,
redevelopment or additions to existing residential development shall not exceed the
pre -construction impervious surface limit, provided the stormwater and drainage requirements of
section 24-66 are met.
Improvements shall include, but not be limited to, street pavements, curbs and gutters,
sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations,
storm sewers or drains, street names, signs, street lights, landscaping, monuments, or any
other improvement as may be required by the city commission or these land development
regulations.
Institutional use shall mean the structure or land occupied by a group, cooperative,
board, agency or organization created for the purpose of carrying on functions, such as
hospitals, schools, churches, fraternal orders, orphanages, assisted living facilities, and nursing,
convalescent or elder care homes.
Junk yard. See "Salvage yard."
Kennel, pet shall mean facilities for the keeping of any pet or pets, regardless of number,
for sale or for breeding, boarding or treatment purposes. This shall not include, veterinary
clinics, animal grooming parlors or pet shops.
Kitchen shall mean an area of a building permanently equipped for food storage,
preparation, or cooking.
Kitchenette shall mean an area within a building containing limited kitchen facilities such
as a bar sink, microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet.
Land shall mean the earth, water and air, above or below, or on the surface, and
includes any improvements or structures customarily regarded as part of the land.
Land development regulations, as used within this Code, shall have the same meaning
as defined in Section 163.3164, Florida Statutes and shall include zoning, subdivision, building
and construction and other regulations controlling the use and development of land.
Landscaping shall mean any of the following or combination thereof: Living materials,
such as but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and
nonliving durable materials commonly used in landscaping, such as but not limited to, rocks,
pebbles, sand, walls, fences, berms, sculptures and fountains, but excluding paving.
Laundromat, self-service shall mean a business that provides noncommercial clothes
washing and drying or ironing machines to be used by customers on the premises.
Live entertainment includes, but is not limited to, singers, pianists, musicians, musical
groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers,
comedians and all fashions, forms and media of entertainment carried on and conducted in the
presence of and for the entertainment and amusement of others and as distinguished from
records, tapes, pictures and other forms of reproduced or transmitted entertainment. Live
entertainment, as used within these land development regulations, shall not include adult
entertainment establishments as defined by Section 847.001(2), Florida Statutes.
Loading space shall mean a space within the main building or on the same property,
providing for the standing, loading or unloading of trucks or other motor vehicles, constructed
consistent with the requirements of this chapter.
Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted
within this chapter and having its required frontage upon a street right-of-way or permanent
easement, and as may be defined in Chapter 177, Florida Statutes.
Lot area shall mean the area formed by the horizontal plane within the lot lines.
Lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or
at a street corner having an interior angle not greater than one hundred thirty-five (135)
degrees. The exterior lot line of the narrowest side of the lot adjoining the street shall be
considered the front of the lot. The exterior lot line of the longest side of the lot abutting the
street shall be considered as a side of the lot and shall have a minimum required side yard of
ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard
requirements of the zoning district in which the property is located.
Lot depth shall mean the distance measured from the middle point of the front lot line to
the middle point of the opposite rear lot line.
Lot line shall mean the legal boundary of a lot as established by a certified land survey.
Lot of record shall mean:
(a) A lot that is part of a documented subdivision, the map of which has been
recorded in the office of the clerk of the circuit court; or
(b) A lot or parcel of land described by metes and bounds, the description of which
has been recorded in the office of the clerk of the circuit court, consistent with
and in compliance with land development regulations in effect at the time of said
recording.
Lot width shall mean the mean horizontal distance between the side lot lines, measured
at right angles to its depth.
Marina shall mean an establishment with a waterfront location for the purpose of storing
water craft and pleasure boats on land, in buildings, in slips or on boat lifts, and including
accessory facilities for purposes such as refueling, minor repair and launching.
Mean high water shall mean the average height of the high waters over a 19 -year period
or for shorter periods of observations; the average height of the high waters after corrections are
applied to eliminate known variations and to reduce the result to the equivalent of a mean
19 -year value, as defined in Chapter 253, Florida Statutes.
Mean sea level (MSL) [shall mean] a national standard reference datum for elevations, it
is the average height of the sea for all stages of the tide, usually determined from hourly height
observations over a 19 -year period on an open coast or in adjacent waters having free access
to the sea; formerly referred to as "mean sea level (MSL) of 1929," as elevations were
historically related to the National Geodetic Vertical Datum of 1929 (NGVD); however, national
map modernization initiatives now typically relate elevations to the more accurate North
American Vertical Datum of 1988 (NAVD). Applicable datum (NGVD or NAVD) should be noted
on all maps, surveys.
Mini -warehouses shall include all those businesses commonly known as
mini -warehouses, which shall be utilized for the sole purpose of storage of tangible personal
property. No business activity shall be conducted within mini -warehouses.
Mixed use shall mean a development or redevelopment project containing a mix of
compatible uses intended to support diversity in housing, walkable communities and a need for
less automobile travel and a more efficient use of land. Uses within a particular mixed use
project shall be consistent with the land use designations as set forth within the comprehensive
plan.
Mobile home shall mean a structure, transportable in one (1) or more sections, which is
eight (8) feet or more in width and which is built on an integral chassis and designed to be used
as a dwelling when connected to the required utilities including plumbing, heating, air
conditioning, and electrical systems.
Nonconforming lot of record shall mean a lot of record containing less than the minimum
site area, site dimensions or other site requirements of the applicable zoning district, or which is
not in compliance with the provisions of other currently effective land development regulations,
as may be lawfully amended, but which was legally recorded and documented prior to the
effective date of such land development regulations (see "Lot" and "lot of record").
Nonconforming structure shall mean a structure or building or portion thereof, which
does not conform with the land development regulations applicable to the zoning district in
which the structure is located, but which was legally established prior to the effective date of
such land development regulations.
Nonconforming use shall mean the use of a structure or building or portion thereof, or
land or portion thereof, which does not conform with the land development regulations and / or
comprehensive plan future land use map designation applicable to the lands in which the use is
located, but which was legally established prior to the effective date of such land development
regulations or comprehensive plan.
Occupied includes designed, built, altered, converted to or intended to be used or
occupied.
Office use shall mean customary administrative functions associated with a business
and uses involving professional services conducted within the business that do not involve
on -premises production, manufacture, storage or retail sale of products.
Open space shall mean an area open to the sky, which may be on the same lot with a
building. The area may include, along with the natural environmental features, landscaping
elements, stormwater retention facilities, swimming pools, tennis courts, or similar open air
recreational facilities. Streets, structures and screened or impervious roofed structures shall not
be allowed in required open space.
Parcel shall mean a tract of land, which may be described by metes and bounds or by
recorded plat. The terms "lot," "parcel," "land," "site," "development parcel" may be used
interchangeably within this Code as appropriate to the context.
Parking, accessible shall mean parking spaces designed in compliance with the
Americans with Disabilities Act (ADA) of 1990 Accessibility Guidelines for Buildings and
Facilities (ADAAG), as may be amended.
Parking lot shall mean an area used exclusively for the temporary parking of motor
vehicles, whether or not a fee is charged (see section 24-161).
Parking space, off-street shall mean a space consisting of an area adequate for parking
motor vehicles with room for opening doors on both sides, together with properly related access
to a public street or alley and maneuvering room, but located totally outside of any street or alley
right-of-way. Width, depth and arrangement of parking spaces shall conform to the requirements
of section 24-161.
Permitted use shall mean the uses and activities that are allowed within a particular
zoning district as described within division 5 of this chapter. In the case of question regarding a
typical or similar use, such use shall be determined based upon the Standard Industrial
Classification (SIC) Code Manual issued by the United States Office of Management and
Budget.
Planning agency shall mean the community development board, or any other agency
designated by the city commission, to serve those functions as the city's local planning agency,
pursuant to Chapter 163, Florida Statutes as well as other functions as directed by the city
commission.
Plat, final subdivision means the plat to be recorded in accordance with engineering
plans, specifications and calculations; certification of improvements, as -built drawings, or
performance guarantee; and other required certifications, bonds, agreements, approvals, and
materials for a development or a phase of a development or the entire parcel of land proposed
for development as required pursuant to article IV of this chapter.
Plat, re -plat, amended plat, or revised plat shall mean a map or delineated
representation of the division or re -division of lands, being a complete and exact representation
of the subdivision and including other information in compliance with the requirements of all
applicable sections of this chapter, the comprehensive plan, applicable local ordinances, and
Part I, Chapter 177, Florida Statutes.
Principal building shall mean shall mean a building within which is conducted the main or
principal use of the lot or property upon which the building is situated.
Principal use shall mean the primary use of land, as distinguished from an accessory
use.
Property line shall mean the exterior lot lines of a single parcel or a group of lots when
two (2) or more lots are considered together for the purposes of development.
Public open space shall mean open space, land or water areas, available for public use,
not restricted to members or residents.
Recreational vehicle (RV) shall include the following types of vehicles:
(a) Travel trailer shall mean a vehicular, portable structure built on a chassis and
towed; designed to be used as a temporary dwelling for travel, recreation and
vacation uses; permanently identified as a travel trailer by the manufacturer of
the trailer; and when factory equipped for the road, having a body width not
exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet.
(b) Pickup coach shall mean a structure designed to be mounted on a truck chassis
with sufficient equipment to render it suitable for use as a temporary dwelling for
travel, recreation and vacation uses.
(c) Camping trailer shall mean a collapsible, temporary Dwelling covered with a
water-repellent fabric, mounted on wheels and designed for travel, recreation and
vacation uses.
(d) Auto camper shall mean a lightweight, collapsible unit that fits on top of an
automobile and into the trunk with the cover removed, and is designed for travel,
recreation and vacation uses.
(e) Vans or similar enclosed vehicles specially equipped for camping.
Restaurant shall mean any establishment where food is prepared or served for
consumption on or off the premises or within an enclosed business or building.
Right-of-way shall mean the area of a highway, road, street, way, parkway, sidewalk, or
other such strip of land reserved for a public use, whether established by prescription,
easement, dedication, gift, purchase, eminent domain or other lawful means.
Salvage yard shall mean a place where discarded or salvaged materials, are bought,
sold, exchanged, stored, baled, packed, disassembled or handled. Salvage yards shall include
automobile wrecking, house wrecking and structural steel materials and equipment yards, but
shall not include places for the purchase or storage of used furniture and household equipment,
used cars in operable condition, or used or salvaged materials from manufacturing operations or
for any type of automotive repair.
Screening shall mean the required treatment of land parallel to adjacent lot lines,
containing either: Densely planted trees and shrubs at least four (4) feet in height at the time of
installation and of an evergreen variety that shall form a year round visual barrier and shall
reach a minimum height of six (6) feet at maturity; or an opaque wood, masonry, brick or
similarly constructed fence, wall or barrier. Where a fence, wall or similar type barrier is used,
construction materials, finish and colors shall be of uniform appearance. All screening shall be
maintained in good condition. Where appropriate, a landscaped berm may be used in place of a
fence, wall or trees.
Seat shall mean, for the purpose of determining the number of required off-street parking
spaces, the number of chairs. In the case of benches or pews, each linear twenty-four (24)
inches of seating shall count as one (1) seat. For areas without fixed seating such as standing
areas, dance floors or bars, each seven (7) square feet of floor space shall constitute a required
seat.
Service station, automotive shall mean any building, structure or land used for the
dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in
connection with which is performed minor automotive service, but not heavy automotive repair.
Setback shall mean the required distance between the lot line and the building or
structure. Unless otherwise provided for within this chapter, setbacks shall be measured from
the property line to the exterior vertical wall of a building or structure. See also definition for
building setback.
Shopping center shall mean a group of retail stores or service establishments, planned,
developed, owned and managed as an integral unit, with off-street parking provided on the
property, and related in location, size and type of shops to the trade area the shopping center
serves.
Short-term rentals shall mean any residential rental or lease the term of which is less
than ninety (90) days. Short-term rentals shall similarly be considered to be commercial uses as
are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses.
Sight triangle shall mean the area within the limits described by the two (2) intersecting
center lines of a street and a line drawn between them from points on each center line that are a
prescribed number of feet from the intersection of the center lines.
Sign shall mean any identification, description, illustration, or device illuminated or
nonilluminated, which is visible from any outdoor place, open to the public and which directs
attention to a product, service, place, activity, person, institution, or business thereof, including
any permanently installed or situated merchandise; or any emblem, painting, banner, pennant,
placard, designed to advertise, identify, or convey information, with the exception of customary
window displays, official public notices and court markers required by federal, state or local
regulations; also excepting, newspapers, leaflets and books intended for individual distribution
to members of the public, attire that is being worn, badges, and similar personal gear. Sign shall
also include all outdoor advertising displays as described within Section 3108.1.1, Florida
Building Code, and all signs shall conform to the requirements of Section 3108 of the Florida
Building Code.
Site development plan shall mean a plan of development including surveys, maps,
drawings, notations and other information as may be required depicting the specific location and
design of improvements proposed to be installed or constructed in accordance with the
requirements of this chapter.
Special flood hazard areas (SFHA) as delineated on the Federal Emergency
Management Agency (FEMA) flood insurance rate map (FIRM) shall mean the area that will be
inundated by a flood event having a one -percent chance of being equaled or exceeded in any
given year. SFHAs are labeled as zone A, zone AO, zone AH, zones A1—A30, zone AE, zone
A99, Zone AR, zone AR/AE, zone AR/AO, zone AR/A1—A30, zone AR/A, zone V, zone VE,
and zones V1—V30.
Story shall mean that portion of a building included between the surface of any floor and
the surface of the floor above it, or if there is no floor above it, then the space between the floor
and ceiling above.
Street shall mean a public or private thoroughfare, which affords the principal means of
access to abutting property. This includes lane, place, way, alley or other means of ingress or
egress, regardless of the term used to describe it.
Street classifications shall mean:
Arterial highway system: The group of roads constituting the highest degree of mobility and
largest proportion of total travel.
Collector road system: The group of roads providing a mix of mobility and land access functions,
typically within a given county or urban area, linking major land uses to each other or to the
arterial highway system. The collector road system is composed of rural major collector roads,
rural minor collector roads, and urban collectors (differentiation between major and minor
classes is not made in urban areas).
Local street system: The group of roads having land access as their primary purpose, typically
within a portion of a county or urban area. Although providing the largest proportion of road
miles, this system contributes little to total highway travel due to short trip lengths and low
volumes.
Street, private shall mean a street that is privately owned and maintained, and where a
properly recorded private easement has been approved by the appropriate city agency.
Street, public shall mean a street legally dedicated to public use and officially accepted
by the city.
Street right-of-way line shall mean the dividing line between a lot or parcel of land and
the contiguous street.
Structural alteration shall mean any change in the supporting members of a structure,
such as bearing walls or partitions, columns, beams or girders, or any substantial change in the
roof or in the exterior walls.
Structure shall mean that which is built, constructed, placed, or erected, which is thirty
(30) inches or more in height, including modular, manufactured and mobile homes, storage
tanks, or other manmade facilities and infrastructure such as, towers, smokestacks, utility poles,
and overhead transmission lines, but excluding flagpoles, fences not over six (6) feet in height
and landscape features that do not contain a solid or screened roof such as trellises, arbors,
pergolas, fountains and statuary. Buildings constructed with a connected solid roof structure
shall be considered as a single structure.
Subdivision shall mean the division of land into three (3) or more lots or parcels, which
may include establishment of new streets and alleys, stormwater facilities, infrastructure
including, but not limited to, water, sewer, and utilities. The term "subdivision" shall also include
replat and the division of previously recorded subdivisions when three (3) or more lots or parcels
are created, and when appropriate to the context, subdivision also relates to the process
developing land.
Theater shall mean an establishment offering dramatic presentations or showing movies
to the general public.
Threatened or endangered species shall mean species so listed by the Florida Fish and
Wildlife Conservation Commission, Florida Department of Agriculture and Consumer Services,
and [the] U.S. Fish and Wildlife Service.
Townhouse shall mean a residential dwelling unit constructed in a group of two (2) or
more attached units with ownership lines separating each dwelling unit through a common
wall(s) and where ownership of each dwelling unit is held in fee -simple title for property as
defined by a metes and bounds or other valid legal description. Development of townhouses, or
conversion to townhouses, shall be allowed only in compliance with Florida Building Codes
related to adequate firewall separation. Further, development of townhouses, or conversion to
townhouses, shall be allowed only in compliance with the applicable residential density as
established by the comprehensive plan, and in accordance with section 24-87 and article IV of
this chapter as well as applicable provisions of Part I, Chapter 177, Florida Statutes.
Trailer, boat, horse, or utility shall mean a conveyance drawn by other motive power and
used for transporting a boat, animal, equipment or general goods. See also "Recreational
vehicle."
Travel trailer park or court shall mean a park or court, licensed and approved by the
state board of health, and established to carry on the business of parking travel trailers.
Use -by -exception shall mean a departure from the general permitted uses set forth for
the various zoning districts, which if limited in number such that these uses do not dominate an
area, and when subject to appropriate conditions, may be acceptable uses in the particular
area. A use -by -exception may be granted only in accordance with the express provisions of
section 24-63 of this chapter.
Variance. A variance shall mean relief granted from certain terms of this chapter. The
relief granted shall be only to the extent as expressly allowed by this chapter and may be either
an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation
of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth
in section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the
City of Atlantic Beach.
Vehicular use area (VUA) means those areas of a site to be used for off-street parking,
employee parking, service drives, loading spaces and access drives within property located in
the commercial and industrial zoning districts.
Vested development shall mean a proposed development project or an existing structure
or use, which in accordance with applicable Florida law or the specific terms of this chapter, is
exempt from certain requirements of these land development regulations and/or the
comprehensive plan.
Veterinary clinic shall mean any building or portion thereof designed or used for the
veterinary care, surgical procedures or treatment of animals, but shall not include the boarding
of well animals.
Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other
land development regulations contained within City Code, when it is demonstrated that
compliance with such provision(s) would be unreasonable, in conflict with the public interest, or
a practical impossibility. A waiver from the land development regulations may be approved by
the city commission upon showing of good cause, and upon evidence that an alternative to a
specific provision(s) of this chapter shall be provided, which conforms to the general intent and
spirit of the land development regulations. In considering any request for a waiver from the land
development regulations, the city commission may require such conditions as appropriate to
ensure that the general intent and spirit of the land development regulations are enforced. A
waiver shall not modify any requirement or term customarily considered as a variance or any
requirement or term prohibited as a variance.
Wetlands shall mean those areas as defined by state law that are inundated or saturated
by surface water or ground water at a frequency and duration sufficient to support vegetation
typically adapted for life in saturated soils. Florida wetlands generally include swamps, marshes,
bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and
marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. The
delineation of actual wetland boundaries and the jurisdictional authority of such areas may be
made by professionally accepted methodology consistent with the type of wetlands being
delineated but shall be consistent with any unified statewide methodology for the delineation of
wetlands.
Yard means a required area on the same lot with a building, unoccupied and
unobstructed from the ground upward, except by trees or shrubbery, landscape elements and
uncovered steps, decks, balconies or porches not exceeding thirty (30) inches in height, or as
otherwise provided for within this chapter.
Yard, front means the required yard extending across the full width of the lot, extending
from the front lot line to the front building setback line as established by the zoning district
designation. Yard, rear means a required yard extending across the full width of the lot,
extending between the rear lot line and the rear building setback line as established by the
zoning district designation.
Yard, side means a required yard extending between a side lot line and the side building
setback line as established by the zoning district designation.
Zoning map shall mean the official record of the City of Atlantic Beach depicting the
zoning district classifications on property within the municipal limits of the City of Atlantic Beach.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-18-24-30. Reserved.
ARTICLE III. ZONING REGULATIONS
DIVISION 1. IN GENERAL
Sec. 24-31. Scope.
Secs. 24-32-24-45. Reserved.
Sec. 24-31. Scope.
The provisions of this chapter shall be administered in accordance with the rules set
forth within this article and the detailed regulations governing each zoning district. Administrative
procedures and the responsibilities of the city commission, the community development director,
and the community development board are set forth herein. Procedures for the filing of
applications, for amendments to this chapter, the appeal of decisions on any matter covered
within this chapter and the land development regulations are also included herein.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-32-24-45. Reserved.
DIVISION 2. ADMINISTRATION
Sec. 24-46. City commission.
Sec. 24-47. Community development board.
Sec. 24-48. Community development director.
Sec. 24-49. Appeals.
Sec. 24-50. Vested rights.
Sec. 24-51. Notice of public hearings.
Secs. 24-52-24-60. Reserved.
Sec. 24-46. City commission.
It shall be the responsibility of the city commission to perform the following duties and
responsibilities in accordance with this chapter:
(a) To enforce this chapter in accordance with, and consistent with, the adopted
comprehensive plan for the City of Atlantic Beach.
(b) To make amendments to the comprehensive plan, this chapter, the zoning map
by a simple majority vote of the city commission after holding required public
hearings, and after considering a written recommendation from the community
development board performing its functions as the local planning agency.
(c) To approve or deny requests for subdivisions, plats and changes to plats and
other previously approved special conditions of use or development in
accordance with the requirements of this chapter after holding required public
hearings and after considering a written recommendation from the community
development board where required by this chapter.
(d) To authorize limited waivers, on a case-by-case basis, from a specific
provision(s) of the land development regulations as set forth within this chapter
and as may be contained within other chapters of City Code when it is
demonstrated that compliance with such provision(s) would be unreasonable, in
conflict with the public interest, or a practical impossibility. A waiver from the land
development regulations may be approved only upon showing of good cause,
and upon evidence that an alternative to a specific provision(s) of this chapter
shall be provided, which conforms to the general intent and spirit of these land
development regulations. In considering any request for a waiver from these land
development regulations, the city commission may require conditions as
appropriate to ensure that the intent of these land development regulations is
enforced. A waiver shall not modify any requirement or term customarily
considered as a variance or any requirement or term prohibited as a variance,
and shall be considered only in cases where alternative administrative
procedures are not set for the within the City Code of Ordinances.
(e) To establish fees related to the administrative costs of carrying out the
requirements of this chapter.
To appoint a community development director to administer the provisions of this
chapter, who shall be the city manager or his designee.
To hear and decide appeals where it is alleged there is an error in any order,
requirement or administrative decision made by the community development
director in the enforcement of this chapter or other provision of the Code of
Ordinances regulating the use and development of land.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(f)
(g)
Sec. 24-47. Community development board.
The community development board shall be appointed by the city commission. The
organization and procedures under which this board operates, its arrangement of meetings,
adoption of rules and its method of hearing and acting upon variances, uses -by -exception or
other related matters shall be in conformity with the provisions as set forth within this chapter
and chapter 14 of [the] City Code. It shall be the responsibility of the community development
board:
(a) To approve or deny variances in accordance with the provisions of section 24-64.
(b) To hear and make recommendations to the city commission related to
applications submitted to the city for use -by -exceptions, changes in zoning
district classifications, and amendments to the comprehensive plan.
(c) In exercising its powers, the community development board may, in conformance
with the provisions of this chapter, reverse, affirm or modify, in whole or in part,
any previously rendered order, requirement, decision or determination provided
such action is based upon new evidence or where it is determined that a
previous decision was made based upon inaccurate information.
(d) Rulings and decisions of the community development board shall become
immediately effective, unless otherwise ordered by the board.
(e) The community development board shall also serve as the local planning agency
for the City of Atlantic Beach and shall provide those functions as set forth in
Chapter 163, Florida Statutes, as may be amended.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-48. Community development director.
The community development director shall have the following authorities and
responsibilities:
To administer and implement this chapter and accomplish actions required by
this chapter, including proper notices as specified in this chapter or as otherwise
required; the receiving and processing of appeals.
To provide written instructions to applicants related to the required process for
requests as required under this chapter and to assist applicants in understanding
the provisions of this chapter.
To receive and initiate the processing of all zoning and land use related
applications.
To maintain all records relating to this chapter and its administration, as may be
set forth in this chapter or otherwise be necessary.
To recommend to the community development board and the city commission,
amendments to this chapter and the zoning map, with a written statement
outlining the need for such changes.
To conduct necessary field inspections required to advise the community
development board and the city commission related to zoning and land use
matters.
To review preliminary development plans, applications for certain building
permits, including site and lot plans, to determine whether the proposed
construction, alterations, repair or enlargement of a structure is in compliance
with the provisions of this chapter and the comprehensive plan. The building
official's signature, stating approval, shall be required on all development plans
before a building permit shall be issued.
(h) To grant minor dimensional variances or minor variances to development design
standards as set forth in this chapter, excluding changes to lot area, impervious
surface area, height and parking, provided the requested variance is not more
than five (5) percent from the standard or requirement requested to be waived.
Such minor variances shall be granted only one (1) time for any particular
requirement on a single property and shall be granted only with written
justification as set forth within subsection 24-64(d) or as demonstrated to
preserve a protected tree. Where such variances are requested for side setbacks
on both sides of a parcel, the cumulative to be waived shall not exceed five (5)
percent of the required setback for a single side. For example, where the
required side setback is a combined fifteen (15) feet, the maximum permitted to
be waived on a single side or cumulatively on both sides is nine (9) inches.
Similarly, for 20 -foot front and rear setbacks, the maximum permitted to be
waived on either the front or rear or in combination is twelve (12) inches.
Minor dimensional variances may also be authorized where an inadvertent surveying error has
resulted in placement of a building not more than four (4) inches outside of a required building
setback line. In such cases, a letter of explanation shall be provided by the surveyor, which shall
remain part of the building permit file.
(i)
To post signs and provide for proper published notice of zoning requests in
accordance with section 24-52, and to forward appropriate agenda information to
be considered at the regular scheduled meetings of the community development
board to members at least seven (7) days prior to the meeting date.
(j) To recommend for hire such persons as necessary to assist in the fulfillment of
the requirements of the office and delegate to these employees the duties and
responsibilities assigned to the community development director as may be
necessary to carry out properly, the functions of the office.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-49. Appeals.
Appeals of administrative decisions made by the community development director and
appeals of final decisions of the community development board may be made by adversely
affected person(s) in accordance with the following provisions. Appeals shall be heard at public
hearing within a reasonable period of time with proper public notice, as well as due notice to the
interested parties. At the hearing, any party may appear in person, by agent or by attorney.
(a) Appeals of administrative decisions of the community development director.
Appeals of a decision of the community development director may be made to
the city commission by any adversely affected person(s), or any officer, board or
department of the city affected by a decision of the community development
director made under the authority of this chapter.
Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the
final order, requirement, decision or determination being appealed.
The community development director shall, upon notification of the filing of the appeal, transmit
to the city commission, all the documents, plans, or other materials constituting the record upon
which the action being appealed was derived.
(b) Appeals of decisions of the community development board. Appeals of a decision
of the community development board may be made to the city commission by
any adversely affected person(s), any officer, board or department of the city
affected by any decision of the community development board made under the
authority of this chapter. Such appeal shall be filed in writing with the city clerk
within thirty (30) days after rendition of the final order, requirement, decision or
determination being appealed. The appellant shall present to the city commission
a petition, duly verified, setting forth that the decision being appealed is in conflict
with or in violation of this chapter, in whole or in part, specifying the grounds of
the conflict or violation. The petition shall be presented to the city commission
within thirty (30) days after the filing of the appeal with the city clerk.
(c) Stay of work. An appeal to the city commission shall stay all work on the
premises and all proceedings in furtherance of the action appealed, unless the
designated administrative official shall certify to the city commission that, by
reason of facts stated in the certificate, a stay would cause imminent peril to life
or property. In such case, proceedings or work shall not be stayed except by
order, which may be granted by the city commission after application to the
officer from whom the appeal is taken and on due cause shown.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-50. Vested rights.
(a) Determination of vested rights. The determination of vested rights shall be based
upon factual evidence provided to the City of Atlantic Beach. Each vesting
determination shall be based on an individual case-by-case basis. Applications
for a determination of vested rights shall be submitted to the community
development director. The applicant shall have the burden of proof to
demonstrate the entitlement to vested rights pursuant to the requirements of
Florida law and shall provide all information as may be required. All vested
development subject to a vested rights determination shall be consistent with the
terms of the development approval upon which the vesting determination was
based.
(b) Expiration of vested rights.
(1) Statutory vested rights determinations shall not have a specific expiration
date unless specified in other ordinances, development permits or
statutory limitations. Such vested rights may expire as otherwise allowed
or required by applicable law.
(2) Common law vested rights determinations, which have been recognized
by the city, shall remain valid for a period of up to five (5) years from the
date the determination was made unless otherwise specified by the
vesting determination, provided that the city may cancel and negate such
vested rights prior to the expiration of said time period if it can
demonstrated that the request for a vested rights determination was
based on substantially inaccurate information provided by the applicant,
or that the revocation of said vested rights is clearly established to be
essential for the health, safety and welfare of the public.
(3)
Requests to extend the time period of a vested rights determination shall
be made to the city commission and shall be granted only upon showing
of good cause.
(c) Appeals of vesting determinations. An appeal of the denial of a vesting
determination may be made to the city commission by filing such appeal with the
city clerk within thirty (30) days of receipt of written notification of the denial.
Appeals of vesting determinations shall be granted only by the city commission.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-51. Notice of public hearings.
Notice of all public hearings required under these land development regulations shall be
provided by the city manager or designee in accordance with the following provisions:
(a) Amendments to the text of the adopted comprehensive plan, future land use map
series, or site-specific comprehensive plan amendments:
(1) Public hearings. The local planning agency and the local governing body
each shall hold at least one (1) public hearing on a proposed amendment
to the text of the adopted comprehensive plan, the future land use map
series, or a site-specific comprehensive plan amendment, prior to
transmittal of the proposed amendment to the state planning agency
pursuant to F.S. § 163.3184. Upon receipt of written comments from the
state planning agency, the local governing body shall hold at least one (1)
additional public hearing to adopt the proposed amendment, adopt the
amendment with changes, or not adopt the amendment.
Both the local planning agency and the local governing body public hearing held at the
transmittal stage shall be held on a weekday at least ten (10) days after notice is published
pursuant to the requirements specified in subsection (a)(2) below, and the local governing body
public hearing held at the adoption stage shall be held on a weekday at least ten (10) days after
the second notice is published pursuant to the requirements specified in subsection (a)(2)
below.
(2) Notice. All notices regarding the amendment process, including public
hearings, for comprehensive plans shall be as required by F.S. §
163.3184 and § 166.041, unless otherwise specified.
a. Published notice. At least ten (10) calendar days prior to each
public hearing held by either the local planning agency or the local
governing body, the city manager or designee shall have
published an advertisement giving notice of the public hearing.
The required published notice shall be no less than one-quarter (1/4) page in a standard size or a
tabloid size newspaper, and the headline of the notice shall be in a type no smaller than
eighteen (18) point. The notice shall not be placed in that portion of the newspaper where legal
notices and classified advertisements appear. The notice shall be published in a newspaper of
general paid circulation in the city and of general interest and readership in the community, not
one of limited subject matter, pursuant to Chapter 50, Florida Statutes. Whenever possible, the
notice shall appear in a newspaper that is published at least five (5) working days a week,
unless the only newspaper in the city is published less frequently. The notice shall be in
substantially the following form:
NOTICE OF CHANGE OF LAND USE
The City of Atlantic Beach proposes to change the use of land within the area shown in the map
in this notice.
A public hearing on the proposal will be held on (date and time) at (place).
The notice shall also contain a geographic location map which clearly indicates the area
covered by the proposal. The map shall include major street names as a means of identification
of the area. The notice shall also state the places within the boundary of the City of Atlantic
Beach where the proposed amendment may be inspected by the public. The notice shall also
advise that interested parties may appear at the meeting and be heard regarding the transmittal
or adoption of the amendment.
b. Mailed notice. At least thirty (30) calendar days prior to each
public hearing, the city manager or designee shall provide notice
by mail of each public hearing to each real property owner whose
land is subject to the amendment, and to all owners of real
property within three hundred (300) feet of the periphery of the
subject property, whose names and addresses are known by
reference to the latest ad valorem tax records published by the
county property appraiser. The notice shall state the substance of
the proposed amendment as it affects that property owner and
shall set a time and place for one or more public hearings on such
amendment. A copy of the notice shall be kept available for public
inspection during the regular business hours of the office of the
clerk of the governing body.
c. Posted notice. At least fourteen (14) calendar days prior to each
public hearing, a sign identifying the request, including date, time
and location of the public hearing, shall be posted on the subject
parcel. Such sign shall be erected in full view of the public street.
Where the property subject to the request does not have frontage
on a public street, a sign shall be erected at the nearest public
right-of-way with an attached notation indicating the general
direction and distance to the land subject to the application.
Sign(s) shall be removed after a decision is rendered on the
application. The failure of any such posted notice sign to remain in
place after the notice has been posted shall not be deemed a
failure to comply with this requirement, nor shall it be grounds to
challenge the validity of any decision made by the local planning
agency or the local governing body.
(b) Amendments to the text of the land development regulations including revisions
to the list of permitted, conditional or prohibited uses within a zoning category or
the official zoning map.
(1) Public hearings. The local planning agency shall hold one (1) public
hearing and the local governing body shall hold two (2) public hearings on
a proposed amendment that changes the official zoning map, or that
changes the text of the land development regulations, including revision
to the list of permitted, conditional or prohibited uses within a zoning
category.
The second public hearing before the local governing body shall be held approximately two (2)
weeks after the first public hearing. The day, time, and place at which the second hearing before
the local governing body will be held shall be announced at the first public hearing. The public
hearings shall be held after 5:00 p.m. on a weekday.
Notice. All notices regarding the amendment process, including public hearings, for the official
zoning map or the text of the land development regulations, including revision to the list of
permitted, conditional, or prohibited uses within a zoning category, shall be in accordance with
F.S. § 166.041, unless otherwise specified.
a. Published notice. At least ten (10) calendar days prior to each
public hearing held by either the local planning agency or the local
governing body, the city manager or designee shall have
published an advertisement giving notice of the public hearing.
The required published notice shall be no less than two (2) columns wide by ten (10) inches
long in a standard size or a tabloid size newspaper, and the headline of the notice shall be in a
type no smaller than eighteen (18) point. The notice shall not be placed in that portion of the
newspaper where legal notices and classified advertisements appear. The notice shall be
published in a newspaper of general paid circulation in the city and of general interest and
readership in the community, not one of limited subject matter. The notice shall state the date,
time, place of the public hearing, the subject of the meeting, and the place or places within the
boundaries of the city where the proposed amendment may be inspected by the public. The
notice shall also advise that interested parties may appear at the meeting and be heard
regarding the amendment.
1. Published notices for amendments to the official zoning
map shall be in substantially the following form:
NOTICE OF ZONING CHANGE
The City of Atlantic Beach proposes to adopt Ordinance No.
rezoning (changing the permitted use of) the land within the area shown in the map of this
advertisement.
A public hearing on the rezoning will be held on (date and time) at (meeting place).
The notice shall also contain a geographic location map which clearly indicates the area
covered by the proposed ordinance. The map shall include major street names as a means of
identification of the area.
2. Published notices for amendments to the text of the land
development regulations that change the actual list of
permitted, conditional, or prohibited uses within a zoning
category shall be in substantially the following form:
NOTICE OF ZONING CODE (LAND DEVELOPMENT REGULATIONS) TEXT CHANGE
The City of Atlantic Beach proposes to adopt Ordinance No.
amending the text of the zoning code (land development regulations). The amendment will
affect the land located within the area shown in the map of this advertisement.
A public hearing on the proposed text change will be held on (date and time) at (meeting place).
The notice shall also contain a geographic location map which clearly indicates the area
covered by the proposed ordinance. The map shall include major street names as a means of
identification of the area.
3. Published notices for amendments to the text of the land
development regulations that do not change the actual list
of permitted, conditional, or prohibited uses within a zoning
category shall be advertised as follows. At least ten (10)
calendar days but not more than thirty (30) calendar days
in advance of each public hearing, the city manager or
designee shall have published a notice of such hearing in
a newspaper of general circulation in the city. The notice of
public hearing shall state the date, time and place of the
meeting, the application number or the title of the proposed
ordinance, and the place or places where such application
or proposed ordinance may be inspected by the public.
The notice shall also advise that interested parties may
appear at the public hearing and be heard with respect to
the application or proposed ordinance.
b. Mailed notice. At least thirty (30) calendar days prior to each
public hearing, the city manager or designee shall provide notice
by mail of each public hearing to each real property owner whose
land is subject to the amendment, and to all owners of real
property within three hundred (300) feet of the periphery of the
subject property, whose names and addresses are known by
reference to the latest ad valorem tax records published by the
county property appraiser. The notice shall state the substance of
the application or proposed ordinance as it affects that property
owner and shall set a time and place for one or more public
hearings on such ordinance. A copy of the notice shall be kept
available for public inspection during the regular business hours of
the office of the clerk of the governing body.
c. Posted notice. At least fourteen (14) calendar days prior to each
public hearing, a sign identifying the request, including date, time
and location of the public hearing, shall be posted on the subject
parcel. Such sign shall be erected in full view of the public street
on each street side of the land subject to the application. Where
the property subject to the request does not have frontage on a
public street, a sign shall be erected at the nearest public
right-of-way with an attached notation indicating the general
direction and distance to the land subject to the application.
Sign(s) shall be removed after a decision is rendered on the
application. The failure of any such posted notice sign to remain in
place after the notice has been posted shall not be deemed a
failure to comply with this requirement, nor shall it be grounds to
challenge the validity of any decision made by the local planning
agency or the local governing body.
(c) Request for variance from or waiver of land development regulations.
(1) Public hearings. The local planning agency shall hold one (1) public
hearing on applications for variances from land development regulations,
and the local governing body shall hold one (1) public hearing on
applications for waivers of land development regulations.
(2) Notice.
a. Published notice. At least ten (10) calendar days prior to each
public hearing, the city manager or designee shall have published
an advertisement giving notice of the public hearing in a
newspaper of general circulation in the City of Atlantic Beach. The
notice of the public hearing shall state the date, time and place of
the public hearing, and the place where such application may be
inspected by the public. The notice shall also advise that
interested parties may appear at the public hearing and be heard
with respect to the application.
b. Mailed notice. At least fourteen (14) calendar days prior to each
public hearing, the city manager or designee shall provide notice
by mail of the public hearing to all property owners within three
hundred (300) feet of the subject property, whose names and
addresses are known by reference to the latest ad valorem tax
records published by the county property appraiser. The notice
shall state the substance of the application and shall set a time
and place for the public hearing. A copy of the notice shall be kept
available for public inspection during the regular business hours of
the office of the clerk of the governing body.
c. Posted notice. At least fourteen (14) calendar days prior to each
public hearing, a sign identifying the request, including date, time
and location of the public hearing, shall be posted on the subject
parcel. Such sign shall be erected in full view of the public street
on each street side of the land subject to the application. Where
the property subject to the request does not have frontage on a
public street, a sign shall be erected at the nearest public
right-of-way with an attached notation indicating the general
direction and distance to the land subject to the application.
Sign(s) shall be removed after a decision is rendered on the
application. The failure of any such posted notice sign to remain in
place after the notice has been posted shall not be deemed a
failure to comply with this requirement, nor shall it be grounds to
challenge the validity of any decision made by the local planning
agency or the local governing body.
(d) Request for use-by-exception.
(1) Public hearings. The local planning agency and the local governing body
shall each hold one (1) public hearing on use-by-exception applications.
(2) Notice.
a. Published notice. At least ten (10) calendar days prior to each
public hearing, the city manager or designee shall have published
an advertisement giving notice of the public hearing in a
newspaper of general circulation in the City of Atlantic Beach. The
notice of the public hearing shall state the date, time and place of
the public hearing, and the place where such application may be
inspected by the public. The notice shall also advise that
interested parties may appear at the public hearing and be heard
with respect to the application.
b. Mailed notice. At least fourteen (14) calendar days prior to each
public hearing, the city manager or designee shall provide notice
by mail of the public hearing to all property owners within three
hundred (300) feet of the subject property, whose names and
addresses are known by reference to the latest ad valorem tax
records published by the county property appraiser. The notice
shall state the substance of the application and shall set a time
and place for the public hearing. A copy of the notice shall be kept
available for public inspection during the regular business hours of
the office of the clerk of the governing body.
c. Posted notice. At least fourteen (14) days prior to each public
hearing, a sign identifying the request, including date, time and
location of the public hearing, shall be posted on the subject
parcel. Such sign shall be erected in full view of the public street
on each street side of the land subject to the application. Where
the property subject to the request does not have frontage on a
public street, a sign shall be erected at the nearest public
right-of-way with an attached notation indicating the general
direction and distance to the land subject to the application.
Sign(s) shall be removed after a decision is rendered on the
application. The failure of any such posted notice sign to remain in
place after the notice has been posted shall not be deemed a
failure to comply with this requirement, nor shall it be grounds to
challenge the validity of any decision made by the local planning
agency or the local governing body.
(e) Contest. If no aggrieved party contests the issue of proper notice within thirty (30)
days of the city commission rendering its decision, then notice shall be deemed
to be in compliance with this section.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-12-215, § 1, 11-13-12)
Secs. 24-52-24-60. Reserved.
DIVISION 3. APPLICATION PROCEDURES
Sec. 24-61. Amendment and repeal.
Sec. 24-62. Change in zoning district classification.
Sec. 24-63. Use -by -exception.
Sec. 24-64. Variances.
Sec. 24-65. Development, construction and storage within zoning districts.
Sec. 24-66. Stormwater, drainage, storage and treatment requirements.
Sec. 24-67. Development review and issuance of development permits.
Sec. 24-68. Land clearing and alteration of site grade or topography.
Sec. 24-69. Fees.
Secs. 24-70-24-80. Reserved.
Sec. 24-61. Amendment and repeal.
(a) The city commission may from time to time amend, supplement or repeal these
land development regulations, the zoning district classifications and boundaries,
and the restrictions as set forth within this chapter.
(b) Proposed changes and amendments may be recommended by the city
commission, the community development board, 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 community development
director.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-62. Change in zoning district classification.
The following steps shall be followed to request a change in zoning district and zoning
map classification.
(a) All applications shall be filed with the community development director on the
proper form.
(b) The application submitted shall include the following information:
(1) The legal description, including the lot and block numbers, of the property
to be rezoned;
(2) The names and addresses of all owners of the subject property;
(3) Existing and proposed zoning district classification of the property;
(4) A statement of the petitioner's interest in the property to be rezoned,
including a copy of the last recorded warranty deed; and
a. If joint and several ownership, a written consent, to the rezoning
petition, by all owners of record; or
b. If a contract purchase, a copy of the purchase contract and written
consent of the seller/owner; or
c. If an authorized agent, a copy of the agency agreement or written
consent of the principal/owner; or
d. 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
e. 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;
f 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 certified official tax rolls of
the county;
g. A statement of special reasons for the rezoning as requested;
h. Payment of the official filing fee as set by the city commission;
The signature of each and every owner of the lands sought to be
rezoned.
(c) After the community development director has received the request, the request
shall be placed on the agenda of the next meeting of the community
development board, provided that the request is received at least thirty (30) days
prior to the meeting. The community development board shall review each
request for rezoning, conduct a public hearing after due public notice. The
community development director shall make a written recommendation to the city
commission. The written report and recommendation shall:
(1) Show that the community development board has studied and considered
the need and justification for the change.
(2) Indicate the relationship of the proposed rezoning to the comprehensive
plan for the city and provide a finding that the requested change in zoning
is consistent with the comprehensive plan.
Submit such findings and a recommendation in support of or opposition to
the requested rezoning to the city commission not more than sixty (60)
days from the date of public hearing before the community development
board.
(3)
(d) The city commission shall review the recommendations made by the community
development board and hold a public hearing, with notice as set forth within
section 24-52, to consider the request.
(e) Following the public hearings, the city commission, by ordinance, may change
the zoning district 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 application for substantially the same proposal, on the same premises,
until after three hundred sixty-five (365) days from the date of the denial.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-63. Use -by -exception.
The following steps shall be required to request a use -by -exception. A use -by -exception
may be approved only for those uses and activities, which are expressly identified as a possible
use -by -exception within a particular zoning district:
(a) All applications shall be filed with the community development director on the
proper form, and said application shall only be accepted when filed by the owner
of the property or his authorized agent.
(b) The application shall include the following information:
(1) A legal description of the property.
(2) The names and addresses of the property owners.
(3) A description of the use -by -exception desired, which shall specifically and
particularly describe the type, character and extent of the proposed
use -by -exception.
(4) The reason for requesting the use -by -exception.
(5) The signature of the owner, or the signature of the owner's authorized
agent, and written authorization by the owner for the agent to act on the
behalf of the property owner.
(6) Payment of the official filing fee as set by the city commission.
(c) After the community development director has received the request, the request
shall be placed on the agenda of the next available meeting of the community
development board. The community development board shall review each
request for a use -by -exception, and conduct a public hearing after due public
notice. The community development director shall then provide a report to the
city commission containing the community development board's,
recommendation. The written report and recommendation shall state specific
reasons and findings of fact, upon which the recommendation to approve or deny
has been based.
(d) The review of any application for a use -by -exception shall consider each of the
following:
(1) Ingress and egress to property and proposed Structures thereon with
particular reference to vehicular and pedestrian safety and convenience,
traffic flow and control and access in case of fire or catastrophe.
(2) Off-street parking and loading spaces, where required, with particular
attention to the items in [subsection] (1) above.
The potential for any adverse impacts to adjoining properties and
properties generally in the area resulting from excessive noise, glare and
lighting, odor, traffic and similar characteristics of the use -by -exception
being requested.
(4) Refuse and service areas, with particular reference to items [subsections]
(1) and (2) above.
(5) Utilities, with reference to locations, availability and compatibility.
(6) Screening and buffering, with reference to type, dimensions and
character.
(3)
(7)
Signs, if any, and proposed exterior lighting, with reference to glare, traffic
safety, economic effects and compatibility and harmony with properties in
the district (see "Signs and advertising," chapter 17).
(8) Required yards and other open space.
(9) General compatibility with adjacent properties and other property in the
surrounding Zoning District as well as consistency with applicable
provisions of the comprehensive plan.
(10) For those properties within the commercial corridors, consistency with the
intent of section 24-171, commercial corridor development standards.
(11) Number of similar businesses that exist in the area with consideration that
such uses are intended to be an exception and not to excessively
proliferate in one (1) area of the city.
(e) The city commission shall conduct a public hearing, after required public notice,
to consider the application for use -by -exception and the community development
board's report and recommendation thereon, as well as comments of citizens
attending such hearing and shall deny, approve, or approve with conditions, the
application for use -by -exception.
The city commission may, as a condition to the granting of any use -by -exception,
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 land use and planning principles and
concepts.
Any use -by -exception granted by the city commission shall permit only the
specific use or uses described in the application as may be limited or restricted
by the terms and provisions of the approval. Any expansion or extension of the
use of such premises, beyond the scope of the terms of the approved
use -by -exception, shall be unlawful and in violation of this chapter and shall
render the use -by -exception subject to suspension or revocation by the city
commission.
(f)
(g)
(h) 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
property.
If an application for a use -by -exception is denied, the city commission shall take
no further action on another application for substantially the same use on the
same property for three hundred sixty-five (365) days from the date of said
denial.
(i)
(j) The nonconforming use of neighboring lands, structures or buildings in the same
zoning district, or the permitted use of lands, structures or buildings in other
zoning districts shall not be considered as justification for the approval of a
use -by -exception.
(k) Unless expressly granted by the city commission, the use -by -exception shall be
granted to the applicant only and shall not run with the title to the property.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-64. Variances.
A variance may be sought in accordance with this section. Applications for a variance
may be obtained from the community development department. A variance shall not reduce
minimum lot area, minimum lot width or lot depth, and shall not increase maximum height of
building or impervious surface area as established for the various zoning districts. Further, a
variance shall not modify the permitted uses or any use terms of a property.
(a) Application. A request for a variance shall be submitted on an application form as
provided by the city and shall contain each of the following:
(1) A legal description of the property for which the variance is requested.
(2) A reasonable statement describing the reasons for the variance.
(3) A survey or lot diagram indicating setbacks; existing and proposed
construction, as well as other significant features existing on the lot.
(4) The signature of the owner, or the signature of the owner's authorized
agent. Written authorization by the owner for the agent to act on the
behalf of the property owner shall be provided with the application.
(b) Public hearing. Upon receipt of a complete and proper application, the
community development director shall within a reasonable period of time
schedule the application for a public hearing before the community development
board following required public notice. At the public hearing, the applicant may
appear in person or may be represented by an authorized agent.
(1) Applications for a variance shall be considered on a case-by-case basis,
and shall be approved only upon findings of fact that the application is
consistent with the definition of a variance and consistent with the
provisions of this section.
(2) The community development board shall not grant a variance, which
would allow a use that is not permitted use, or a permitted
use -by -exception in the applicable zoning district. In the case of an
application for a use -by -exception that is considered concurrently with an
application for a variance, approval of the variance shall be contingent
upon approval of the use -by -exception by the city commission. In the
event, that the use -by -exception is denied by the city commission, any
approved variance shall be rendered null and void.
The community development board shall not approve any variance that
would allow a use that is prohibited by the terms of this chapter or by the
comprehensive plan.
(4) The nonconforming use of adjacent or neighboring lands, structures or
buildings shall not be considered as justification for the approval of a
variance.
(3)
(c) Grounds for denial of a variance. No variance shall be granted if the community
development board, in its discretion, determines that the granting of the
requested variance shall have a materially adverse impact upon one (1) or more
of the following:
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime or other
threats to public safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally
sensitive areas, wildlife habitat, protected trees, or other significant
environmental resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from
financial circumstances or for relief from situations created by the property owner.
(d) Grounds for approval of a variance. A variance may be granted, at the discretion
of the community development board, for the following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property
disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property
as compared to other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development
of the property or after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to
provide for the reasonable use of the property.
(e) Approval of a variance. To approve an application for a variance, the
community development board shall find that the request is in accordance
with the preceding terms and provisions of this section and that the
granting of the variance will be in harmony with the purpose and intent of
this chapter. In granting a variance, the community development board
may prescribe appropriate conditions in conformance with and to maintain
consistency with City Code. Violation of such conditions, when made a
part of the terms under which the variance is granted, shall be deemed a
violation of this chapter, and shall be subject to established code
enforcement procedures.
Approval of lesser variances. The community development board shall
have the authority to approve a lesser variance than requested if a lesser
variance shall be more appropriately in accord with the terms and
provisions of this section and with the purpose and intent of this chapter.
Nearby nonconformity. Nonconforming characteristics of nearby lands,
structures or buildings shall not be grounds for approval of a variance.
(h) Waiting period for re -submittal. If an application for a variance is denied
by the community development board, no further action on another
(3)
(f)
(g)
(i)
application for substantially the same request on the same property shall
be accepted for three hundred sixty-five (365) days from the date of
denial.
Time period to implement variance. Unless otherwise stipulated by the
community development board, the work to be performed pursuant to a
variance shall begin within twelve (12) months from the date of approval
of the variance. The community development director, upon finding of
good cause, may authorize a one-time extension not to exceed an
additional twelve (12) months, beyond which time the variance shall
become null and void.
(j) Transferability. A variance, which involves the development of land, shall
be transferable and shall run with the title to the property unless otherwise
stipulated by the community development board.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-65. Development, construction and storage within zoning districts.
(a) Temporary construction trailers or structures.
(1) Subject to the following provisions, any person may obtain a building
permit for the construction and/or use of a temporary trailer or structure to
be used only as a construction shed and tool house for contractors and
construction workers on the site and limited to the time period of
construction. 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 in the absence of a valid,
unexpired 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 permission from the building official.
Construction trailers and structures shall not be used for the purpose of
living quarters, and the trailers or structures shall have upon the unit, or
attached thereto, an identification sign designating the owner or company
and the words "construction office" in full view.
(3)
(b) Temporary storage structures and uses. Enclosed portable structures and
accommodations intended only for temporary storage may be used following
registration with the city on a form provided by the planning and zoning
department, payment of the required fee, and subject to the following provisions:
(1) Within all residential zoning districts, enclosed portable structures and
accommodations intended only for the temporary storage of personal
household belongings of occupants of the property may be placed on the
property for a period not to exceed four (4) days or ninety-six (96) hours.
Registration shall be required for each such use of any temporary storage
structures.
(2) In the event of damage to a residential dwelling by fire, storm, flood, or
other such property loss, this period of time may be extended to ten (10)
days upon request to and written approval of the city manager.
Within all nonresidential zoning districts, enclosed portable structures and
accommodations intended only for storage, may be used for temporary
storage of items related to the business located on the property, for a
period not to exceed thirty (30) days. Such structures shall not be located
within required front yards and shall not be used to store any chemical,
hazardous, flammable or combustible materials.
(c) All structures. All temporary and portable storage structures, construction trailers
and the like, shall be constructed, altered, repaired, enlarged, placed, moved or
demolished in accordance with applicable provisions of the Florida Building Code
as well as all applicable federal, state and local regulations applying to the use
and development of land. The issuance of building permits, where required,
verifying such compliance shall be administered by the building official.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(3)
Sec. 24-66. Stormwater, drainage, storage and treatment requirements.
(a) Topography and grading. All lots and development sites shall be constructed and
graded in such a manner so that the stormwater drains to the adjacent street, an
existing natural element used to convey stormwater (see section 22-303,
definitions: Stormwater management system), or a city drainage structure after
meeting onsite storage requirements, as set forth within this section. The city
shall be provided with a pre -construction topographical survey prior to the
issuance of a development permit and a post -construction topographical survey
prior to the issuance of a certificate of occupancy. Elevations in all topographic
surveys will be referenced to NAVD 1988. Said surveys shall be prepared by a
licensed Florida surveyor, and the requirement for either or both surveys may be
waived by the director of public works if determined to be unnecessary.
Except as required to meet coastal construction codes as set forth within a valid permit from the
Florida Department of Environmental Protection; or as required to meet applicable flood zone or
stormwater regulations as set forth herein, the elevation or topography of a development or
redevelopment site shall not be altered.
(b) Onsite storage. The applicant shall be required to provide onsite storage, such
that there is no increase in the rate or volume of flow to offsite, from every
developed or redeveloped parcel, and for any addition or modification that
increases the impervious surface area on a developed lot by ten (10) percent or
four hundred (400) SF, whichever is smaller and provide documentations and
calculations to demonstrate compliance. Development projects previously
permitted by the St. Johns River Water Management District (SJRWMD), which
have an in -compliance retention or detention system that collects and controls
runoff, are exempt, however a copy of the Engineer's Certification of As -Built
Construction to the SJRWMD must be submitted to the city before issuing
building permits for individual lot construction may begin. The requirement for
onsite storage may be waived by the director of public works if storage is
determined to be unnecessary or unattainable. If onsite storage is required, an
as -built survey, signed and sealed by a licensed Florida surveyor, documenting
proper construction and required volume of the storage system, must be
submitted to the director of public works prior to permit closeout or issuance of a
certificate of occupancy. For an under -ground system, a notarized letter from the
general contractor, along with red -lined plans and construction photographs, will
be sufficient to document proper construction.
Volume calculations for lots that require onsite storage should be based on the
difference in runoff volume generated by the new impervious area ("delta volume") and would
be calculated by:
V=CAR/12, where
V = volume of storage in cubic feet,
A = area of the lot in square feet,
R = 25 -year and 24-hour rainfall depth (9.3 inches) over the lot area, and
C = runoff coefficient, which is 0.6 for the fifty (50) percent maximum imperviousness, 0.4 for
twenty-five (25) percent imperviousness, and 0.2 for zero (0) percent imperviousness.
This delta volume (post V minus pre -V in cubic feet) must be stored at least one (1) foot above
the wet season water table and below the overflow point to offsite (in many cases this may be
the adjacent road elevation). As an option, and as approved by the director of public works, the
owner of the parcel to be developed or redeveloped may implement, at the applicant's cost,
offsite storage and necessary conveyance to control existing flood stages offsite.
(c) Floodplain storage. There shall be no net loss of storage for areas in the
100 -year floodplain, where a floodplain elevation has been defined by either the
Federal Emergency Management Agency (FEMA) on flood insurance rate maps
(FIRMs), the 1995 Stormwater Master Plan, the Core City project, or the 2002
Stormwater Master Plan Update (e.g., Hopkins Creek). Site grading shall create
storage onsite to mitigate for filling of volume onsite. This storage is in addition to
the storage required for the increase in impervious surface area. The applicant
shall provide signed and sealed engineering plans and calculations documenting
that this "no net loss" requirement is met.
(d) Stormwater treatment. For all new development or redevelopment of existing
properties, excluding single- and two-family uses, where construction meets
limits for requiring building code upgrades, stormwater treatment shall be
provided for a volume equivalent to either retention or detention with filtration, of
the runoff from the first one (1) inch of rainfall; or as an option, for facilities with a
drainage area of less than one hundred (100) acres, the first one-half (%) inch of
runoff pursuant to Chapter 62-25, Florida Administrative Code (FAC). No
discharge from any stormwater facility shall cause or contribute to a violation of
water quality standards as provided in Section 62.302 of the Florida
Administrative Code. This treatment volume can be included as part of the onsite
storage requirement in item d(2) [subsection (b)] of this section.
(e) NPDES requirements. All construction activities shall be in conformance with the
city's National Pollutant Discharge Elimination Systems (NPDES) permit, in
addition to the requirements of the water management district and the Florida
Department of Environmental Protection. NPDES requirements include use of
best management practices (BMPs) prior to discharge into natural or artificial
drainage systems. All construction projects of one (1) acre or more require a
(f)
(g)
stand-alone NPDES permit. Site clearing, demolition and construction on any
size site may not commence until site inspection and approval of the proper
installation of a required best management practices erosion and sediment
control plan is completed.
Enforcement. Subsequent to approval of a property owner's final grading,
including onsite and/or floodplain storage and stormwater treatment, the
improvements shall be maintained by the property owner. Failure to maintain the
improvements will require restoration upon notification by the director of public
works, within a stipulated time frame. If restoration is not timely completed, the
city shall have the right to complete the restoration, and the city's actual cost
incurred, together with a charge of one hundred (100) percent of said costs to
cover the city's administrative expenses, shall be charged to the owner.
Minor waivers to impervious surface area limits. The director of public works shall
have the authority to waive the impervious surface area up to five (5) percent of
the established limit upon demonstration by the property owner or applicant that
preceding stormwater standards shall be maintained and upon showing of good
cause and need for the increased impervious surface area which shall be based
upon the inability to meet limits due to site constraints or pre-existing conditions.
Any reduction shall be calculated based upon the total square footage of lot area
and the square footage of the allowed impervious surface area. For example, on
a seven thousand five hundred (7,500) square foot lot, the allowed impervious
surface area is three thousand seven hundred fifty (3,750) square feet, and the
maximum impervious surface area permitted to be waived in accordance with
this provision is one hundred eighty-seven and one-half (187.5) square feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-67. Development review and issuance of development permits.
(a) Purpose. The purpose of this section shall be to establish procedures for the
submittal, review and approval of construction plans, and the issuance of
development permits.
(b) Procedures. Plans prepared according to the requirements set forth within this
section shall be submitted to the building department for distribution, review and
comment from appropriate departments of the city. Plans may be denied if they
do not meet the intent or the requirements of this section and this chapter or the
Florida Building Code.
(c) Site development plan required. A site development plan, drawn at a clear and
legible scale, shall be required for all new development, other than interior
renovations, in accordance with the following provisions:
(1) Single-family, two-family (duplex) or townhouse and structural alterations
or additions thereto, including swimming pools and accessory structures.
A certified survey and site development plan accompanied by the
required application form and review fee as established by the city
commission shall be submitted to the building department. Each of the
following items shall be addressed:
a. All driveways and parking.
b. All existing and proposed structures.
c. Setbacks, any platted building restriction lines and height of
buildings.
d. Any jurisdictional wetlands or coastal construction control line,
water bodies, any required buffers or significant environmental
features.
e. A pre -construction topographical survey, pursuant to section
24-66, unless waived in accordance with the provisions therein.
f. A summary table showing proposed impervious surface area,
including all structures, walkways, driveways, parking and
equipment pads and any other surface defined as impervious in
section 24-17.
(2) Multi -family, commercial and industrial uses and structural alterations or
additions thereto. A certified survey and preliminary site development
plan accompanied by the required application form and review fee as
established by the city commission shall be submitted the building
department. The site development plan shall depict the entire tract
proposed for development and shall be drawn at a scale sufficient to
depict all required information in a clear and legible manner. Each of the
following items shall be provided as appropriate to the project and as
further set forth within the application for a particular form of development
permit as provided by the building official:
a. Project boundary with bearings and distances.
b. Legal description, including property size.
c. Location of all structures, temporary and permanent, including
setbacks, building height, number of stories and square footage
(identify any existing structures and uses).
d. Project layout, including roadways, any easements, parking areas,
driveway connections, sidewalks, vehicular and pedestrian
circulation.
e. Existing driveways and roadways within three hundred (300) feet
of project boundary.
f. Existing and proposed right-of-way improvements.
g.
Conceptual stormwater management plan addressing drainage
patterns, retention/detention areas, provisions for utilities,
including a pre -construction topographical survey, pursuant to
subsection 24-66(a), unless waived in accordance with the
provisions therein.
h. Environmental features, including any jurisdictional wetlands,
CCCL, natural water bodies, open space, buffers and vegetation
preservation areas. For projects not meeting the thresholds
requiring an environmental resource permit from the St. John's
River Water Management District, provide conceptual plans
J.
showing how project intends to meet the stormwater retention and
treatment requirements of subsections 24-66(b) and (d).
General notes shall include: total project area; impervious surface
area; building square footage separated by type of use(s) if
applicable; parking calculations; project phasing; zoning district
classification and any conditions or restrictions.
Other information as may be appropriate for the purposes of
preliminary review.
(d) Approval of site plans. Upon approval of the preliminary site development plan,
an application for a development permit may be submitted to the building
department for distribution and review by the appropriate city departments. The
application shall be accompanied by all required information including
construction plans that demonstrate compliance with all applicable federal, state
and local land development regulations and permitting requirements. Upon
approval of construction plans by reviewing departments and payment of
required fees, development permits may be issued, and construction plans shall
be released for construction.
(e) In the case that an applicant fails to make a good faith effort to continue with the
review process once any application for a development permit is submitted, plans
shall remain valid for a period of six (6) months, after which time new plans and a
new review fee shall be required.
Expiration of approved of construction plans. Approved construction plans shall
be claimed within ninety (90) days of notice of approval or completed comments,
or said plans shall be considered to have expired. Upon expiration, a new
submittal and review with applicable fees shall be required. Development review
comments shall expire six (6) months from the date that comments are provided
to the applicant.
Expiration of development permits. Development permits shall expire on the
six-month anniversary of the date such permits were issued unless development
has commenced and continued in good faith. Commencement shall mean the
issuance of a valid building permit and the development permit shall remain
active along with the building permit. Failure to maintain an active building permit
will cause the development permit to expire.
(h) Retention of expired plans. Any construction plans and supporting documents
which have expired shall be retrieved following effort to notify the applicant by the
building department. It shall not be the responsibility of the city to store or retain
expired construction plans.
Changes to approved plans. Applicant must copy the city on any and all changes
to approved plans including, but not limited to, changes required by other
regulatory agencies such as the St. John's River Water Management District,
Florida Department of Environmental Protection or Florida Department of
Transportation. Failure to provided changes to the city for review may result in a
stop work order being issued if construction deviates from the approved plans on
file with the city.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(f)
(g)
(i)
Sec. 24-68. Land clearing and alteration of site grade or topography.
No Lands shall be cleared, grubbed, filled, excavated or topographically altered by any
means, and no vegetation on any development site disturbed, prior to issuance of all required
approvals and development permits authorizing such clearing or alteration. Except as required
to meet coastal construction codes as set forth within a valid permit from the Florida Department
of Environmental Protection; or as required to meet applicable flood zone or stormwater
regulations, the grade, elevation or topography of any parcel, development or redevelopment
site shall not be altered.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-69. Fees.
Pursuant to subsection 24-46(e), the city commission for the City of Atlantic Beach
hereby establishes the following fees related to the administrative cost of carrying out the
requirements of this chapter and also to cover the costs for planning, zoning, engineering utility
and specific use reviews. These fees shall be payable to the city at the time such application or
request is filed. Applications for planning and zoning related requests shall not be considered as
complete applications until such time as required fees have been paid in full. Fees for specific
use verified compliant -based and permit reinstatement reviews must be paid prior to scheduling
of subsequent compliance inspections. Fees as required by this section are not refundable.
(a) Planning and zoning fees.
(1) Appeals ... $ 50.00
(2) Determinations of vested rights ... 50.00
(3) Change in zoning district classification ... 500.00
(4) Use -by -exception ... 350.00
(5) Zoning variance or waiver ... 250.00
(6) Development review
a. Single- and two-family uses ... 50.00
b. Multi -family uses, per dwelling unit ... 100.00
c. Commercial and industrial uses ... 300.00
d. Public and institutional uses ... 300.00
e. Landscape plan ... 100.00
(7) Subdivision
a. Application for waiver ... 250.00
b. Application for re -plat ... 250.00
c. Preliminary plat review ... 250.00
d. Final plat approval (plus recording fees) ... 100.00
(8) Comprehensive plan amendment
a. Less than ten (10) acres ... 250.00
b. Greater than ten (10) acres ... 250.00
(9) Land development regulations ... 15.00
(10) Comprehensive plan document ... 15.00
(11) Zoning and comprehensive plan maps ... 5.00
(b) Engineering and review fees.
(1) Pre -application review of construction plans ... 150.00
For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00) per
hour will be charged. Also, additional costs for outside reviews and modeling shall be paid by
the applicant.
(2) Residential building review ... 100.00
(3) Commercial building review ... 150.00
(4) Building modification/right-of-way review ... 25.00
(5) Revocable encroachment permit ... 25.00
(c) Utilities review fees.
(1) Pre -application construction plans review ... 150.00
For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00) per
hour will be charged. Also, additional costs for outside reviews and modeling shall be paid by
the applicant.
(2) Residential building review ... 50.00
(3) Commercial building review ... 75.00
(4) Building modification/right-of-way review ... 25.00
(d) Specific use review fees.
(1) Dog -friendly dining.
a. Initial application (full year) ... 175.00
(Half year) ... 90.00
Includes processing of application, initial inspection, permit issuance, and three subsequent
quarterly compliance inspections.
b. Renewal application ... 125.00
Includes annual compliance review and inspection, permit issuance, and three subsequent
quarterly compliance inspections.
c. Verified complaint -based compliance ... 55.00
Includes one (1) compliance inspection, upon verification of a complaint -based violation. Each
additional re -inspection for failed compliance will be charged this same amount.
d. Permit reinstatement ... 55.00
Includes one (1) compliance inspection, upon suspension due to violations documented at time
of quarterly inspection, and permit reinstatement/issuance. Each additional re -inspection for
failed compliance will be charged this same amount.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 95-10-102, § 2, 1-10-11; Ord. No. 90-12-215,
§ 1, 11-13-12)
Secs. 24-70-24-80. Reserved.
DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS
Sec. 24-81. Rules for determining boundaries.
Sec. 24-82. [General restrictions upon land, buildings and structures.]
Sec. 24-83. Required yards and permitted projections into required yards.
Sec. 24-84. Double frontage lots.
Sec. 24-85. Nonconforming lots, uses and structures.
Sec. 24-86. Special treatment of lawfully existing residential uses affected by future
amendments to the official zoning map or the land development regulations.
Sec. 24-87. Replacement of lawfully existing residential uses including those damaged or
destroyed by fire, weather related or other unintended acts.
Sec. 24-88. Design and construction standards for two-family (duplex) dwellings and
townhouse units.
Sec. 24-89. Garage apartments (as allowed in combination with private garages).
Secs. 24-90-24-100. Reserved.
Sec. 24-81. Rules for determining boundaries.
Where uncertainty exists with respect to the boundaries of any of the zoning districts, as
shown on the official zoning map, the following rules shall apply:
(a) Unless otherwise indicated, the zoning district boundaries are indicated as
approximately following lot lines; center lines of streets, highways or alleys;
shorelines of streams, reservoirs or other bodies of water; or civil boundaries;
and they shall be construed to follow such lines.
(b) Where zoning 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 zoning district boundaries shall be construed as being parallel
thereto and at such distance there from as indicated on the zoning map. If no
distance is given, the dimensions shall be determined by the scale shown on the
zoning map.
(c) Where a zoning district boundary line as appearing on the zoning map divides a
lot, which is in single ownership, the zoning district classification of the larger
portion may be extended to the remainder of the property subject to consistency
with the comprehensive plan.
(d) Where a public road, street or alley is officially vacated or abandoned, the
regulations applicable to the property to which it has reverted shall apply to the
vacated or abandoned road, street or alley.
(e) In the case where the exact location of a boundary cannot be determined by the
foregoing methods, the community development director in coordination with GIS
staff shall determine the location of the boundary.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-82. [General restrictions upon land, buildings and structures.]
(a) Use. No building or structure shall be placed or 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 chapter, as allowed in the
zoning district in which such land, building, structure or premises are located.
Further, no land shall be used except in compliance with the comprehensive
plan.
(b) Number of buildings allowed on a single-family or two-family (duplex) lot. The
total number of buildings on any lot zoned for single-family or two-family (duplex)
use shall not exceed three (3) including the principal use structure, detached
garages and any other detached building.
(c) Height. No structures or building shall be erected, and no existing building shall
be moved, reconditioned or structurally altered so as to exceed the height limit
specified in this chapter for the zoning district in which such building or structure
is located. However, on nonconforming lots of record, which shall be any lot that
contains less than five thousand (5,000) square feet in lot area, the height of
buildings shall be restricted to a percentage of the area of the such lot compared
to the minimum requirements of the zoning district and applying the same to the
maximum height of building allowed in said zoning district (for example, if the
minimum lot area is five thousand (5,000) square feet, and the size of the
nonconforming lot is two thousand five hundred (2,500) square feet, a
percentage of fifty (50) percent would be applied to the 35 -foot height restrictions,
resulting in an allowable height of building of seventeen and one-half (17.5) feet).
(d) Percentage of lot occupancy. No building or structure shall be erected, and no
existing building or structure shall be moved, altered, enlarged or rebuilt, or 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,
the area and parking and required yard regulations established by this chapter
for the zoning district in which such structure is located.
(e) Density. No structure or property shall be developed or used so as to exceed
density allowed under the terms of the comprehensive plan or the limitations for
the zoning district in which such structure is located.
(f) Open space use limitation. No yard or other required open space on a lot shall be
considered as providing a required yard or open space for any other structure on
an adjacent lot.
(g)
Required lot and occupancy. Structures shall be located on a lot of record, and
there shall be no more than one (1) principal use structure on a single lot, unless
otherwise provided by the provisions of this chapter. Every building or structure
hereafter erected shall be located on a lot as defined herein; and in no case shall
there be more than one (1) principal building on one (1) lot, except as otherwise
provided in this article.
(h) Duplicates or externally similar dwellings. Construction of single-family or
two-family dwellings that are duplicates of another single-family or two-family
dwellings within a distance of five hundred (500) feet shall be prohibited. This
provision shall apply to external features only and shall not apply to two-family
dwellings, townhouses or condominiums when constructed as part of single
development project with a unified design theme. In determining compliance with
this provision, a minimum of five (5) of the following characteristics shall be
substantially different.
(1) Roof design and roof color.
(2) Exterior finish materials, excluding paint color.
(3) Window sizes and shape.
(4) Main entry door style and location.
(5) Number of stories.
(6) Attached/detached garage.
(7) Front or side entrance garage (if attached).
Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or
other accessory building or vehicle shall be used as a residence, temporarily or
permanently, nor shall any such residence of temporary character be permitted in
any zoning district.
(j) Minimum floor area for residential dwelling units.
(1) One (1) story: One thousand (1,000) square feet of enclosed living area.
(2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on
the ground floor and not less than a total of one thousand (1,000) square
feet of enclosed living area.
Two-family dwelling (duplex): Each unit shall have nine hundred (900)
square feet of enclosed living area.
(4) Apartment dwelling unit:
a. Efficiency with bedroom area combined with other living areas,
four hundred eighty (480) square feet of enclosed living area.
b. One (1) bedroom with individual bedroom area permanently
partitioned from other living areas, five hundred seventy-five (575)
square feet of enclosed living area.
c. Two (2) bedrooms with each individual bedroom area permanently
partitioned from the living areas, seven hundred (700) square feet
of enclosed living area.
(i)
(3)
d. Three (3) bedrooms with each individual bedroom area
permanently partitioned from other living areas, eight hundred
forty (840) square feet of enclosed living area.
e. Four (4) bedrooms with each individual bedroom area
permanently partitioned from other living areas, nine hundred
ninety (990) square feet of enclosed living area.
f. Over four (4) bedrooms, add one hundred fifty (150) square feet of
enclosed living per additional room.
(k) Flood protection. All lots and building sites shall be developed such that habitable
space is constructed at a minimum finished floor elevation of eight and one-half
(8.5) feet above mean sea level. Flood protection provisions shall be approved
by the designated administrative official to ensure that grade changes will not
alter the natural drainage or adversely affect other areas downstream through
added runoff or adverse impacts to water quality.
Short-term rentals prohibited. Private homes including, but not limited to,
single-family homes, town -homes, duplexes, multi -family dwellings including
condominiums and the like, shall not be rented or leased for a term or period of
less than ninety (90) days. No person(s) shall offer or advertise a private home
for rent or lease for a term or period of less than ninety (90) days.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(1)
Sec. 24-83. Required yards and permitted projections into required yards.
(a) Required yards. Unless otherwise specified in this chapter, every part of a
required yard shall be open and unobstructed from the established grade to the
sky, except for structures that do not exceed thirty (30) inches in height.
(b) Structural projections. Architectural features such as eaves and cornices, and
cantilevered bay windows, open balconies and porches may project a distance
not to exceed forty-eight (48) inches into required front and rear yards. Such
balconies and porches may be covered, but shall not be enclosed in any manner,
except that balconies and porches within rear yards may be enclosed with
screening only. Eaves and cornices, cantilevered bay windows, chimneys, and
architectural elements intended to create design relief along the side wall plane
may project into required side yards, but not beyond twenty-four (24) inches.
(c) Mechanical equipment. Equipment such as heating and air conditioning units,
pumps, compressors, or similar equipment that makes excessive noise, shall not
be located closer than five (5) feet from any lot line where such equipment will be
located adjacent to the interior living area of an existing residence. This setback
requirement shall not apply where such equipment is to be located adjacent to a
neighboring garage, storage or utility area or other similar equipment. It is the
intent of this provision to require placement of such equipment in a location that
does not unreasonably disturb neighbors. This requirement shall not apply to
such equipment lawfully installed prior to the effective date of these land
development regulations.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-84. Double frontage lots.
(a) Double frontage lots. On double frontage lots, the required front yard shall be
provided on each street, except for lots as set forth below and as set forth in
section 24-88.
(b) Special treatment of ocean -front lots. For lots having frontage on the Atlantic
Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the
required front yard shall be measured from the lot line parallel to or nearest the
ocean.
(c) Special treatment of Ocean Boulevard lots with double frontage. For double
frontage lots extending between Beach Avenue and Ocean Boulevard, the
required front yard shall be the yard, which faces Ocean Boulevard.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-14-222, § 1, 4-14-14; Ord. No. 90-15-223,
§ 1, 1-26-15)
Sec. 24-85. Nonconforming lots, uses and structures.
(a) Intent. Within the established zoning districts, there exist lots, structures and
uses of land that were lawful prior to the adoption or amendment of these land
development regulations. Such lots, uses and structures would be prohibited,
restricted or regulated through the provisions of this chapter or the adopted
comprehensive plan. It is the intent of this section to recognize the legal rights
entitled to property owners of existing nonconforming lots, uses and structures,
and to permit such nonconformities to continue in accordance with such rights,
but not to otherwise encourage their continued survival. Furthermore, the
presence of any nonconforming characteristic shall not be considered as
justification for the granting of variances, and any nonconforming structure or
use, which is made conforming, shall not be permitted to revert to any
nonconforming structure or use.
(b) Nonconforming lots of record.
(1) Where a lot or parcel of land has a lot area or frontage that does not
conform with the requirements of the zoning district in which it is located,
but was a legally established and documented lot of record prior to the
adoption of this Code or previous codes and applicable City of Atlantic
Beach ordinances, such lot or parcel of land may be used for one
single-family dwelling in any residential zoning district, provided the
minimum yard requirements for that residential zoning district are
maintained, or provided that the owner of said lot has obtained a variance
from the community development board, in accordance with the
requirements of section 24-64 of this chapter.
(2) In any zoning district, on a legally established and documented
nonconforming lot of record that existed prior to the initial effective date of
these land development regulations, a structure may be expanded or
enlarged provided such expansion or enlargement complies with other
provisions of this chapter, including yard requirements or with the terms of
a valid variance.
(3)
After the initial effective date of these land development regulations, no
single-family, townhouse, two-family (duplex) or multi -family structure
shall be allowed on a single-family residential lot or a combination of such
lots unless the total lot area proposed for development complies with the
regulations as set forth within this chapter and with the density limitations
as set forth within the comprehensive plan, unless otherwise exempted in
preceding paragraph (1) or in accordance with a valid unexpired vesting
determination.
(4) After the initial effective date of these land development regulations, no
lot or parcel in any zoning district shall be divided to create a lot with area
or width below the requirements of this chapter and the comprehensive
plan.
(c) Nonconforming structures.
(1) No nonconforming structure shall be expanded or enlarged unless such
expansion or enlargement complies with the terms of this section and
other applicable provisions of this chapter, including building setbacks, or
unless a variance has been obtained from the community development
board, in accordance with the requirements of section 24-64 of this
chapter.
(2) Any nonconforming structure, or portion thereof, that is declared unsafe
may be restored to a safe condition. Building permits shall be required.
(3) A nonconforming structure may be maintained, and repairs and
alterations may be made subject to the provisions of this section.
(4) No additional structure not conforming to the requirements of this chapter
shall be constructed in connection with the nonconforming use of land.
(5) Any existing nonconforming structure that is encroaching into public
right-of-way shall not be rebuilt, enlarged, or structurally altered unless
such encroachment is removed.
(6) Residential structures which were lawfully existing, but nonconforming
with respect to required building setbacks may be reconstructed within
the previously existing footprint, provided that where any exterior side wall
is reconstructed, a minimum five-foot side yard setback shall be required.
This provision shall apply only to reconstruction following damage that
has occurred from an unintended act, including fire and weather related
events, and not from an intentional act of the property owner or occupant,
in which case the required building setbacks of the particular zoning
district shall be required.
(d) Nonconforming uses.
(1) Continuation of nonconforming uses. Uses of land which were lawfully
created at the time such uses were established, but which would not be
permitted by the restrictions imposed by these land development
regulations or by restrictions imposed by the comprehensive plan, may be
continued so long as they remain otherwise lawful and in compliance with
the provisions of this section.
(2) Relocation or expansion of nonconforming uses. A nonconforming use
shall not be moved in whole or in part to any other portion of the lot or
parcel on which such nonconforming use is located, nor shall a
nonconforming use be expanded or enlarged.
Discontinuance of nonconforming uses. In the event that a nonconforming
use of land is discontinued or abandoned for a period of six (6) months or
longer, any subsequent use of such land shall conform to the applicable
zoning district regulations as set forth within this chapter as well as
applicable provisions of the comprehensive plan.
(4) In the event that more than fifty (50) percent of the value of a
nonconforming structure, which is occupied by a nonconforming use, is
destroyed, the structure shall not be re -occupied by any nonconforming
use and shall be reconstructed only in compliance with the provisions of
this chapter. In determining the value of a nonconforming structure, either
the assessed value or the appraised value may be considered, subject to
approval of the building official.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(3)
Sec. 24-86. Special treatment of lawfully existing residential uses affected by future
amendments to the official zoning map or the land development regulations.
(a) Changes to the official zoning map. In the case where a change in zoning district
classification is made to the official zoning map, any lawfully existing two-family
(duplex) dwelling or townhouse, and any related accessory use, which has been
constructed pursuant to properly issued building permits, shall be deemed a
vested development, and any two-family (duplex) dwelling or townhouse, and
any related accessory use shall be considered a lawful permitted use within the
lot containing the vested development. Furthermore, an existing two-family
(duplex) dwelling or townhouse and any related accessory use shall, for that
particular use and structure(s), not be considered as a nonconforming use or
structure such that it may be fully replaceable in its existing footprint. Any
construction that exceeds the existing footprint shall be in compliance with all
applicable provisions of this chapter including minimum yard requirements.
(b) Amendments to the land development regulations. Any lawfully existing
two-family (duplex) dwelling or townhouse, and any related accessory use, which
has been constructed pursuant to properly issued building permits prior to the
initial effective date of these land development regulations, shall be deemed a
vested development, and any two-family (duplex) dwelling or townhouse, and
any related accessory use shall be considered a lawful permitted use within the
lot containing the vested development. Furthermore, an existing two-family
(duplex) dwelling or townhouse, and related accessory use shall, for that
particular use and structure(s), not be considered as a nonconforming use or
structure such that it may be fully replaceable in its existing footprint. Any
construction that exceeds the existing footprint shall be in compliance with all
applicable provisions of this chapter including minimum yard requirements.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-87. Replacement of lawfully existing residential uses including those damaged
or destroyed by fire, weather related or other unintended acts.
The following provisions clarify when a residential use, which may be a nonconforming
use, can be replaced following an event which results in the Toss of a dwelling or substantial
damage to a dwelling such that replacement is desired by the property owner. These provisions
shall apply only to damage occurring from an unintended act, including fire and weather related
events and not from an intentional act of the property owner or occupant.
(a) Single-family dwellings. Any lawfully existing single-family residential use, which
has been constructed pursuant to properly issued building permits, shall be
deemed a vested use such that the residential use may be replaceable.
(b) Two-family dwellings. Any lawfully existing two-family (duplex) dwelling or
townhouse may be replaced in accordance with the provisions of preceding
section 24-86.
(c) Multi -family dwellings. Any lawfully existing multi -family residential use, which
has been constructed pursuant to building permits properly issued prior to the
December 13, 1990 effective date of Ordinance 95-90-48 adopting the original
comprehensive plan for the City of Atlantic Beach, shall be deemed a vested use
such that the multi -family dwellings may be replaceable. In no case shall the
number of residential units be increased except in compliance with the applicable
density limitation of the comprehensive plan, as may be amended.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-88. Design and construction standards for two-family (duplex) dwellings and
townhouse units.
(a) Development of two-family (duplex) dwellings and townhouse units, occurring
after the January 1, 2002 initial effective date of these land development
regulations, shall be allowed only where lot area is in compliance with the density
limitations as set forth within the comprehensive plan, unless otherwise
determined to be a vested development in accordance with the terms of this
chapter. Within areas designated by the comprehensive plan for high density
residential development, a minimum lot area of two thousand one hundred
seventy-five (2,175) square feet shall be required for each dwelling unit. For
areas designated as medium density, a minimum lot area of three thousand one
hundred (3,100) square feet for each dwelling unit shall be required, and within
areas designated by the comprehensive plan as low density, a minimum lot area
of seven thousand two hundred fifty (7,250) square feet for each dwelling unit
shall be required.
Dwelling units separated by an open and uncovered breezeway, elevated open walkway, or
similar type connection, shall not be considered as two-family dwellings or townhouses, and
shall be required to meet regulations applicable to single-family dwellings. Dwelling units
attached by any type of solid, continuous or connected roof, however, shall be considered as a
two-family dwelling or a townhouse and shall be permitted only within those zoning districts
where two-family dwellings and townhouses are permitted and in accordance with applicable
density limitations.
(b) Adjoining two-family or townhouse dwellings units shall be constructed of
substantially the same architectural style, colors and materials.
(c) Adjoining two-family or townhouse dwellings units shall be constructed at
substantially the same time or in a continuous sequence unless an existing
structure is being renovated within the same building footprint.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-89. Garage apartments (as allowed in combination with private garages).
In any residential zoning district, where a lot has a width of fifty (50) feet or more and
extends from street to street (or street to ocean -front in the case of ocean -front lots), a single
garage apartment in combination with a private garage may be constructed on such double
frontage lots (see section 24-84) subject to the following provisions:
(a) The structure containing the private garage and the garage apartment shall not
exceed twenty-five (25) feet in height.
(b) The total floor area of the structure containing the private garage and the garage
apartment shall not exceed seventy-five (75) percent of the heated and cooled
area of the principal dwelling.
(c) There shall be not less than twenty (20) feet between the principal dwelling and
the structure containing the private garage and the garage apartment.
(d) The use restrictions and the minimum yard requirements that apply to the
principal dwelling shall also apply the structure containing the private garage and
the garage apartment.
(e) A garage apartment shall not be leased or rented for less than ninety (90)
consecutive days.
Any existing structure containing a private garage and garage apartment that is
encroaching into the public right-of-way shall not be rebuilt, enlarged, remodeled
or structurally altered unless such encroachment is removed from the
right-of-way. A private garage and garage apartment, which does not encroach
into the street right-of-way, may be rebuilt, remodeled or structurally altered
within the existing footprint, or in compliance with applicable minimum yard
requirements, provided that the maximum height of building shall not be
exceeded and subject to applicable permitting requirements.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(f)
Secs. 24-90-24-100. Reserved.
DIVISION 5. ESTABLISHMENT OF DISTRICTS
Sec. 24-101. Intent and purpose.
Sec. 24-102. Zoning districts established.
Sec. 24-103. Conservation district (CON).
Sec. 24-104. Residential, single-family—Large lot district (RS -I).
Sec. 24-105. Residential, single-family district (RS -1).
Sec. 24-106. Residential, single-family district (RS -2).
Sec. 24-107.
Sec. 24-108.
Sec. 24-109.
Sec. 24-110.
Sec. 24-111.
Sec. 24-112.
Sec. 24-113.
Sec. 24-114.
Sec. 24-115.
Residential, two-family district (RG).
Residential, multi -family district (RG -M).
Commercial, professional office (CPO).
Commercial limited district (CL).
Commercial general districts (CG).
Light industrial and warehousing districts (LIW).
Special purpose district (SP).
Central business district (CBD).
Reserved.
Sec. 24-101. Intent and purpose.
The City of Atlantic Beach shall be divided by these land development regulations into
zoning districts, as listed and described below. These divisions and the requirements set forth
herein shall have the purpose of implementing the goals, objectives and policies of the
comprehensive plan. The following is established in this division:
(a) The intent of each zoning district.
(b) General requirements for each zoning district, including:
(1) Permitted uses.
(2) Uses -by -exception.
(3) Minimum lot size.
(4) Minimum yard requirements.
(5) Building restrictions.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-102. Zoning districts established.
The municipal area of the City of Atlantic Beach is hereby divided into the following
zoning districts:
Zoning District Classification Abbreviation
Conservation CON
Residential, Single -family -Large Lot RS -L
Residential, Single-family RS -1
Residential, Single-family RS -2
Residential General, Two-family RG
Residential General, Multi -family RG -M
Commercial Professional and Office CPO
Commercial Limited CL
Commercial General CG
Light Industrial and Warehousing LIW
Special Purpose SP
Central Business District CBD
Special Planned Area District SPA
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-103. Conservation district (CON).
(a) Intent. The conservation district is composed mostly of open land, water, marsh
and wetland areas, consisting primarily of the public River Branch, Dutton Island
and Tideviews Preserves. It is intended that the natural and open character of
these areas be retained and that adverse impacts to these environmentally
sensitive areas, which may result from development, be minimized. To achieve
this intent, uses allowed within the conservation districts shall be limited to
certain conservation, recreation, very low intensity uses that are not in conflict
with the intent of this district, the comprehensive plan or any other applicable
federal, state and local policies and permitting requirements.
(b) Permitted uses. Uses permitted within the conservation district shall be limited to
the following:
(1) Cemetery limited to those lands owned by the existing cemetery as of the
January 1, 2002 initial effective date of these land development
regulations.
(2) Nature preserves, public natural resource based parks, and passive
recreational uses and facilities as needed to support such uses.
Kayak, canoe rentals, and vendors limited to providing equipment or
supplies as needed to use these natural resources subject to approval by
the city commission.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(3)
Sec. 24-104. Residential, single-family—Large lot district (RS -I).
(a) Intent. The RS -L zoning district is intended for development of low density
single-family residential uses in areas where traditional established lot sizes are
larger than those typically located throughout the City of Atlantic Beach. All
development of land and parcels within the RS -L zoning district shall comply with
the residential density limitations as set forth within the adopted comprehensive
plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RS -I zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -I zoning district, the following
uses -by -exception may be permitted.
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of
a neighborhood scale intended to serve the surrounding residential
neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot size. Existing legally established lots of record may exist, which do
not meet the following lot width, depth or area requirements. These lots may be
developed subject to all applicable land development regulations; however, all
lots created after the February 27, 2006 effective date of Ordinance 90-06-189,
shall comply with these minimum lot size requirements in order to obtain building
permits authorizing development.
The minimum size for lots within the RS -L zoning district shall be:
(1) Minimum lot or site area: Ten thousand (10,000) square feet.
(2) Minimum lot width: One hundred (100) feet.
(3) Minimum lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements in the RS -I zoning
district shall be:
(f)
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Seven and one-half (7.5) feet.
Building restrictions. Additional building restrictions within the RS -I zoning district
shall be:
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-105. Residential, single-family district (RS -1).
(a) Intent. The RS -1 zoning district are intended for development of density
single-family residential areas. All development of land and parcels within the
RS -1 zoning district shall comply with the residential density limitations as set
forth within the adopted comprehensive plan for the City of Atlantic Beach, as
may be amended.
(b) Permitted uses. The uses permitted within the RS -1 zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -1 zoning district, the following
uses -by -exception may be permitted.
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of
a neighborhood scale intended to serve the surrounding residential
neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do
not meet the following requirements. These lots may be developed subject to all
applicable land development regulations; however, all lots created after January
1, 2002 must comply with these minimum lot size requirements in order to obtain
building permits authorizing development.
The minimum size for lots within the RS -1 zoning district, which are created after the initial
effective date of these land development regulations, shall be:
(1) Lot or site area: Seven thousand five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements in the RS -1 zoning
district shall be:
(f)
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Seven and one-half (7.5) feet.
Building restrictions. Building restrictions within the RS -1 zoning district shall be:
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-106. Residential, single-family district (RS -2).
(a) Intent. The RS -2 zoning district is intended to apply to predominately developed
areas of single-family dwellings with platted lots that are smaller than those in the
RS -1 zoning district. All development of land and parcels within the RS -2 zoning
district shall comply with the residential density limitations as set forth within the
adopted comprehensive plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RS -2 zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -2 zoning district, the following
uses -by -exception may be permitted:
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of
a neighborhood scale intended to serve the surrounding residential
neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do
not meet the following requirements. These lots may be developed subject to all
applicable land development regulations; however, all lots created after January
1, 2002 must comply with these minimum lot size requirements in order to obtain
building permits authorizing development (see section 24-188 and section
24-189). The minimum size for lots within the RS -2 zoning district, which are
created after the initial effective date of these land development regulations, shall
be:
(1)
(2)
(3)
Lot or site area: Seven thousand five hundred (7,500) square feet.
Lot width: Seventy-five (75) feet.
Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements within the RS -2
zoning district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on
either side.
Building restrictions. Building restrictions within the RS -2 zoning district shall be:
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(f)
Sec. 24-107. Residential, two-family district (RG).
(a) Intent. The RG zoning district is intended for development of low and medium
density single-family and two-family residential areas. All development of land
and parcels within the RG zoning district shall comply with the residential density
limitations as set forth within the adopted comprehensive plan for the City of
Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RG zoning district shall be:
(1) Single-family dwellings.
(2) Two-family (duplex) dwellings, subject to density limitations.
(3) Accessory uses as set forth in section 24-151.
(4) Townhouses, subject to density limitations and compliance with article IV,
subdivision regulations and section 24-88.
(5) Government uses, buildings and facilities.
(6) Family day care homes and group care homes.
(c) Uses -by -exception. The following uses may be approved as a use -by -exception
within the RG zoning district.
(1) Child care centers.
(2) Churches.
(3) Public and private recreational facilities not of a commercial nature and of
a neighborhood scale intended to serve the surrounding residential
neighborhood.
(4) Schools and community centers.
(5) Home occupations subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do
not meet the below requirements. These lots may be developed with a
single-family residence subject to all applicable land development regulations;
however, all lots created after January 1, 2002 must comply with the following
minimum requirements in order to obtain building permits authorizing
development. The minimum size for lots within the RG zoning district, which are
created after the January 1, 2002 initial effective date of these land development
regulations, shall be as set forth herein.
(1) Minimum lot area in the RG zoning district:
a. Single-family dwellings: Seven thousand five hundred (7,500)
square feet.
b. Two-family (duplex) dwelling or two -unit townhouse:
Lands designated as low density by the future land use map: fourteen thousand five hundred
(14,500) square feet.
Lands designated as medium density by the future land use map: Six thousand two hundred
(6,200) square feet.
Lands designated as high density by the future land use map: Five thousand (5,000) square
feet.
(2) Minimum lot width in the RG zoning district: Seventy-five (75) feet.
(3) Minimum lot depth in the RG zoning district: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements within the RG
zoning district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on
either side.
(f) Building restrictions. The building restrictions for the RG zoning district shall be:
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-108. Residential, multi -family district (RG -M).
(a) Intent. The RG -M zoning district is intended for development of medium to
high-density multi -family residential areas. All development of land and parcels
within the RG -M zoning district shall comply with the residential density
limitations as set forth within the adopted comprehensive plan for the City of
Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RG -M zoning district shall be:
(1) Single-family dwellings.
(2) Two-family (duplex) dwellings subject to the density limitations.
(3) Townhouses, subject to subject to the density limitations and compliance
with article IV, subdivision regulations and section 24-87.
(4) Multi -family dwellings, subject to the density limitations.
(5) Accessory uses as set forth in section 24-151.
(6) Government buildings and facilities.
(7) Family day care homes and group care homes.
(c) Uses -by -exception. Subject to the provisions of section 24-63, the following uses
may be approved as a use -by -exception within the RG -M zoning district:
(1) Churches.
(2) Public and private recreation facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential
neighborhood.
(3) Child care centers.
(4) Schools and Community Centers.
(5) Home occupations subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do
not meet the following requirements. These lots may be developed with a
single-family residence subject to all applicable land development regulations;
however, all lots created after January 1, 2002, must comply with the these
minimum lot size requirements in order to obtain building permits authorizing
development. The minimum size for lots within the RG -M zoning district, which
are created after the January 1, 2002 initial effective date of these land
development regulations, shall be as set forth herein.
(1)
Lands designated as
(14,500) square feet.
Lands designated as
(6,200) square feet.
Lands designated as
feet.
(2)
(3)
Minimum lot or site area:
a. Single-family dwellings: Seven thousand five hundred (7,500)
square feet.
b. Two-family dwellings or two -unit townhouse:
low density by the future land use map: Fourteen thousand five hundred
medium density by the future land use map: Six thousand two hundred
high density by the future land use map: Five thousand (5,000) square
c. Multi -family dwellings: Minimum seven thousand five hundred
(7,500) square feet parcel required, with maximum number of
dwelling units determined by the density limitations as set forth in
the comprehensive plan.
Minimum lot width in the RGM zoning district: Seventy-five (75) feet.
Minimum lot depth in the RG -M zoning district: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements in the RG -M
zoning are:
(f)
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard:
a. Single-family dwellings: Combined fifteen (15) total feet and five
(5) minimum feet on either side.
b. Two-family (duplex) dwellings and townhouse: Seven and one-half
(7.5) each side.
c. Multi -family dwellings: Fifteen (15) feet each side.
Building restrictions. The building restrictions for the RG -M zoning district shall be
as follows:
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-109. Commercial, professional office (CPO).
(a) Intent. The CPO zoning district is intended for small, neighborhood scale
professional offices with residential design characteristics that make such uses
compatible with nearby residential uses.
(b) Permitted uses. The uses permitted within the CPO zoning district shall be:
(1) Medical and dental offices (but not clinic or hospital), chiropractor offices,
licensed massage therapist offices.
(2) Professional Offices, such as accountant, architect, attorney, engineer,
land surveyor, optometrist and similar uses.
Business offices such as real estate broker, insurance agent, stockbroker
and similar uses.
(4) Single-family dwelling units.
(5) Child care centers, in accordance with section 24-152.
(6) Mixed use projects combining the above permitted uses and those
approved as a use -by -exception pursuant to subsection (d) below.
(c) Limitations. All uses within the CPO zoning district shall be subject to the
following standards:
(1) No outside retail sales, display or storage of merchandise or business
activities shall be permitted.
(2) No vehicles other than typical passenger automobiles, and no trucks
exceeding three -quarter -ton capacity, shall be parked on a daily or
regular basis within CPO zoning districts.
No manufacture, repair, mechanical, service or similar work shall be
permitted, and no machinery shall be used other than normal office
equipment such as typewriters, calculators, computers, bookkeeping
machines shall be used in association with any use located within the
CPO zoning districts.
(4) Permitted uses shall not include establishments for live entertainment or
adult entertainment establishments, outdoor entertainment such as
putt -putt golf and driving ranges, skateboard facilities, firing ranges,
amusement centers, computer game centers, video game arcades and
any type of token or coin-operated video or arcade games, movie
theaters, tattoo or body artists or studios, pawn shops, billiard and pool
halls.
(3)
(3)
(d) Uses -by -exception. Within the CPO zoning district, the following uses may be
approved as a use -by -exception.
(1) Limited retail sales in conjunction with a permitted professional service
being rendered at the time.
(2) Church or community center.
(3) Medical or dental clinic, hospitals, medical or dental laboratory;
manufacture of prosthetic appliances, dentures, eyeglasses, hearing aids
and similar products.
(4) Low intensity service establishments such as barber or beauty shops,
shoe repair, tailor or dress makers.
Banks and financial institutions without drive-through facilities.
(5)
(6) Government buildings and facilities.
(7) Spas, gyms, health clubs and schools for the fine or performing arts or
martial arts.
(e) Minimum lot or site requirements. The size for lots within the CPO zoning district
shall be:
(1) Lot or site area: Seven thousand five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
Minimum yard requirements. The minimum yard requirements within the CPO
zoning districts shall be:
(1) Front: Twenty (20) feet.
(2) Rear: Twenty (20) feet.
(3) Side: Ten (10) feet.
Building restrictions. The building restrictions within the CPO zoning districts are:
(1) Maximum impervious surface: Seventy (70) percent. Where existing
impervious surface area exceeds seventy (70) percent on previously
developed sites, new development shall not exceed the pre -construction
impervious surface area, and required landscaping shall be provided in
accordance with division 8 of this chapter. Stormwater management
requirements shall apply to infill development and to redevelopment
projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(f)
(g)
Sec. 24-110. Commercial limited district (CL).
(a) Intent. The CL zoning district is intended for low intensity business and
commercial uses, which are suitable within close proximity to residential uses,
and which are intended primarily to serve the immediately surrounding
neighborhood. Subject to review as a use -by -exception, and dependent upon
compatibility with existing surrounding residential uses, certain more intense
commercial uses may also be appropriate. Permitted uses in the CL zoning
districts shall not include large-scale discount super -centers or "big -box" retailers
or similar commercial uses intended to serve a regional market. Uses shall also
not include establishments for live entertainment, or adult entertainment
establishments, outdoor entertainment such as putt -putt golf and driving ranges,
skateboard facilities, firing ranges, amusement centers, computer game centers
or video game arcades and any type of token or coin-operated video or arcade
games, movie theaters, tattoo or body artists or studios, pawn shops, billiard and
pool halls.
(b) Permitted uses. The uses permitted within the CL zoning districts shall be as
follows:
(1) Service establishments such as barber or beauty shops, shoe repair,
laundry or dry cleaning pick-up, tailors or dressmakers; low intensity retail
sales of items such as wearing apparel, toys, sundries and notions, books
and stationery, luggage and jewelry and similar uses; but not sale of
lumber, hardware or building materials or similar products.
(2) Art galleries, libraries, museums and cultural centers.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys,
engineers, optometrists and similar uses.
(5) Business offices such as real estate broker, insurance agents,
manufacturing agents and similar uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Convenience food stores without fuel sales, but not supermarkets.
(8) Restaurants without drive-through facilities.
(9) Drug stores and pharmacies.
(10) Government uses, buildings and facilities.
(11) Child care centers in accordance with section 24-152.
(12) Residential use not to exceed the medium density category as
established by the comprehensive plan.
(13) Mixed use projects combining the above permitted uses and those
approved as a use-by-exception pursuant to subsection (c) below.
(c) Uses-by-exception. Within the CL zoning district, the following uses may be
approved as a use-by-exception.
(1) Medical or dental clinics.
(2) Churches and community centers.
(3) Banks and financial institutions with drive-through facilities.
(4) Convenience food stores with retail sale of gasoline limited to six (6)
fueling positions.
(5) Printing shops.
(6) Spas, gyms, health clubs and schools for the fine or performing arts or
martial arts.
(d) Minimum lot size. The minimum size for lots within the CL zoning district shall be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements for the CL zoning
district shall be:
(f)
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Ten (10) feet.
Building restrictions. The building restrictions within the CL zoning districts shall
be:
(1) Maximum impervious surface: Seventy (70) percent. Where existing
impervious surface area exceeds seventy (70) percent on previously
developed sites, new development shall not exceed the pre -construction
impervious surface area, and required landscaping shall be provided in
accordance with division 8 of this chapter. Stormwater management
requirements shall apply to infill development and to redevelopment
projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-111. Commercial general districts (CG).
(a) Intent. Within the City of Atlantic Beach, the CG zoning district is intended for
uses, which provide general retail sales and services for the City of Atlantic
Beach and the closely surrounding neighborhoods. New development and new
uses within these districts should have direct access to arterial or collector
streets, and sites should be designed so that increased traffic through adjacent
residential neighborhoods is avoided. The City of Atlantic Beach is a
predominantly residential community, and it is a stated goal within the
comprehensive plan that the residential character of the city should be retained.
As such, the appropriate level of intensity for general commercial uses may be
less than other communities with large commercial zones or a more diverse
mixture of uses in close proximity.
(b) Permitted uses. It is not possible to list all potential permitted or prohibited
general commercial uses within this section, but typical uses permitted within the
CG zoning district shall include neighborhood serving uses, which shall mean low
intensity commercial uses intended to serve the daily needs of residents of the
surrounding neighborhoods. Such uses shall not include manufacturing,
warehousing, storage or high intensity commercial activities, or commercial uses
of a regional nature, or such uses that have the potential for negative impacts to
surrounding neighborhoods and properties due to excessive traffic, noise, light or
extremely late hours of operation or other factors that may adversely affect
existing commercial uses or any nearby residential uses.
Permitted uses shall also not include adult entertainment establishments, indoor or outdoor
firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement or
game centers, tattoo or body artists, pawn shops, bingo halls, billiard or pool halls, game
arcades, gaming, video poker establishments, computer game centers, or games played on
individual machines or computers, including any type of card, token or coin-operated video or
simulated games or similar activities or machines which are played for any type of
compensation or reward.
Where a proposed use is not specifically listed in this section, the permissibility of the use will be
determined based upon its similarity to listed uses and the compatibility and potential for
adverse impacts to existing nearby uses. The uses permitted in the CG zoning district shall
include the following subject to the limitations as set forth within following subsection (d). Unless
otherwise and specifically provided for herein, all business activities, products for sale and
services must be located within an enclosed building properly licensed for such use.
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and
stationery, luggage, jewelry, art, florists, photographic supplies, sporting goods,
hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not
wholesale bakery), home furnishings and appliances, office equipment and
furniture, hardware, lumber and building materials, auto, boat and marine related
parts, and similar retail uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants
with indoor or outdoor seating areas but without drive-through facilities, health
clubs and gyms, laundry or dry cleaner, funeral home, printing, radio and
television and electronics repair, lawn care service, pest control companies, surf
board repair in association with surf shops, but not the production of surfboards,
and similar service uses.
(3) Banks with or without drive-through facilities, loan companies, mortgage brokers,
stockbrokers, and similar financial service institutions.
(4) Child care centers in accordance with section 24-152.
(5) Business and professional offices.
(6) Retail plant nursery, landscape and garden supplies. Live plants and nursery
stock may be located outside of the adjacent building licensed for such business,
provided no obstruction to walkways, parking and internal driving aisles is
created.
(7) Retail sale of beer and wine only for off -premises consumption.
(8) On -premises consumption of beer and wine only in conjunction with a full service
restaurant, which is a food service use where unpackaged ready -to -consume
food is prepared onsite and served to the customer while seated at tables or
counters located in a seating area within or immediately adjacent to the building.
(9)
Automobile service station with minor automotive repair and with accessory car
wash.
(Note: Heavy automotive repair not permitted per Ordinance [Number] 90-06-197, adopted
12-11-06).
(10) Theaters, but not a multi -screen (exceeding two (2) screens) or regional cineplex.
(11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as
defined within section 24-17.
(12) Institutional and government uses, buildings and facilities.
(13) Churches in accordance with section 24-153.
(14) A single dwelling unit, where such dwelling is an accessory use to the principal
use and located within the same building as the principal use. Such dwelling unit
is intended to be occupied by the owner or an employee of the principal use.
(15) Those uses listed as permitted uses and uses-by-exception in the commercial
limited and commercial, professional and office zoning districts.
(16) Residential use, consistent with the comprehensive plan, which permits
residential uses not exceeding the medium density category when in conjunction
with, or adjacent to commercial development and redevelopment, provided that
such residential development shall not be permitted within the coastal high
hazard area. Policy A.1.11.1(b).
Single -family residential uses within the CG zoning districts existing as of the initial effective
date of these land development regulations shall be considered as vested development.
(17) Mixed use projects combining the above uses and those approved as a
use-by-exception pursuant to subsection (c) below.
(c) Uses-by-exception. Within the CG zoning district, the following uses may be
approved as a use-by-exception where such proposed uses are found to be
consistent with the uses permitted in the CG zoning districts with respect to
intensity of use, traffic impacts and compatibility with existing commercial uses
and any nearby residential uses:
(1) Pet kennel and facilities for the boarding of animals.
(2) Veterinary clinic.
(3) On-premises consumption of alcoholic beverages in accordance with
chapter 3 of this Code.
(4) Restaurants with drive-through service where the site contains lanes
dedicated solely to drive-through business (this shall not be construed to
prohibit restaurants with carry-out service, which are a permitted use).
(5) Limited wholesale operations, not involving industrial products or
processes or the manufacturing of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture,
construction, heavy assembly involving hoists or lifts, or equipment that
makes excessive noise or fumes shall be permitted. Not more than one
(1) contractor related vehicle shall be parked outdoors on a continuous
basis.
(7) Produce and fresh markets with outdoor sale and display of garden
produce only.
(8) Cabinet shops, woodworking shops and surfboard production.
(9) Hospitals.
(10) Sale of new and used automobiles, motorcycles and boats, and
automotive leasing establishments, but not temporary car, truck, boat or
motorcycle shows or displays.
(11) Businesses offering live entertainment, not including adult entertainment
establishments as defined by Section 847.001(2), Florida Statutes.
(d) Limitations on certain uses. Permitted uses within the CG zoning district shall not
include large-scale retail establishments, which for the purposes of this chapter
shall be defined by their size and as follows:
Large-scale retail establishments shall include those businesses, whether in a stand-alone
building or in a multi -tenant building, which occupy a floor area exceeding sixty thousand
(60,000) square feet including any interior courtyards, all areas under roof and also any other
display, sales or storage areas partially or fully enclosed by any means including walls, tarps,
gates or fencing. Large-scale retail establishments are commonly referred to as "big -box"
retailers, discount department stores, super -centers, warehouse clubs or by similar terms. Such
establishments may offer a similar type of products such as electronics or appliances or office
products, but more typically offer a wide variety of general merchandise and departments, which
may include home improvement, house -wares and home furnishings, sporting goods, apparel,
pharmacy, health and beauty products, automotive parts and services and may also include
grocery items. This definition shall not be construed to limit the overall size of shopping centers
as these are defined within section 24-17, but shall apply to any building where businesses with
separate local business tax receipts may share the same interior space of a building which is
not separated into individual units by structural fire rated walls or that do not contain separate
and distinct exterior entrances.
Intent. The intent of this limitation is to ensure that the city's limited commercial areas are
developed or redeveloped with uses that are compatible with the residential character of the city
and further, to implement related goals, objectives, and policies of the 2015 Comprehensive
Plan, restated in part as follows.
Commercial and light industrial development shall be located and designed so as to minimize
adverse effects on residential areas, traffic facilities and the aesthetic character of the city
(Policy A.1.5.7).
(1) The city shall provide for land use, development and redevelopment in an
efficient manner, which supports the land use designations as set forth
within the 2015 Future Land Use Map; which enforces the residential
densities and the limitations upon the type and intensity of uses, and
which results in development appropriate to the sensitive coastal location
of the city, particularly with respect to the predominantly residential
character and small-town scale of the city (Objective A.1.11—Appropriate
land use patterns).
(2) The city shall encourage future development and redevelopment, which
retains the exceptionally high quality of life and the predominantly
residential character of the City of Atlantic Beach (Objective
A.1.3—Maintaining residential character).
(e) Minimum lot size. The minimum size for lots within the commercial general
zoning district shall be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
Minimum yard requirements. The minimum yard requirements within the
commercial general zoning district shall be:
(f)
(g)
(1) Front yard: Twenty (20) feet, except that the front yard may be reduced to
ten (10) feet where required off-street parking is located at the rear or
side of the building site, and the primary business entrance is designed to
face the street.
(2) Rear yard: Ten (10) feet.
(3) Side yard: Ten (10) feet where adjacent to existing residential use.
Otherwise, a combined fifteen (15) total feet with a five (5) feet minimum
on either side.
Building restrictions. The building restrictions in the commercial general zoning
district shall be as follows:
(1) Maximum impervious surface: Seventy (70) percent. Where existing
impervious surface area exceeds seventy (70) percent on previously
developed sites, new development shall not exceed the pre -construction
impervious surface area, and required landscaping shall be provided in
accordance with division 8 of this chapter. Stormwater management
requirements shall apply to infill development and to redevelopment
projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(3) Parking. Off-street parking shall be provided in accordance with section
24-161 of this chapter. Where existing uses, which do not provide the
required number of off-street parking spaces as set forth within
subsection 24-161(g) are replaced with similar uses (such as a restaurant
replacing a restaurant), with no expansion in size or increase in number
of seats, additional parking shall not be required. Any increase in floor
area or expansion in building size, including the addition of seats shall
require provision of additional parking for such increase or expansion.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-112. Light industrial and warehousing districts (LIW).
(a) Intent. The light industrial and warehousing zoning district is intended for light
manufacturing, storage and warehousing, processing or fabrication of
nonobjectionable products, not involving the use of materials, processes or
machinery likely to cause undesirable effects upon nearby or adjacent residential
or commercial activities. Heavy industrial uses generally identified as industry
groups 32-37 by the Standard Industrial Classification (SIC) Code Manual issued
by the United States Office of Management and Budget shall not be permitted
within the LIW district.
(b) Permitted uses. The uses permitted within the light industrial and warehousing
zoning district shall be:
(1) Wholesaling, warehousing, Mini -warehouses and personal self -storage,
storage or distribution establishments and similar uses.
(2) Light manufacturing, packaging or fabricating, without noxious or
nuisance odors or hazardous operations, within completely enclosed
buildings.
(4) Contractor's yards with outdoor storage. Required front yards yard shall
not be used for storage, and a six-foot visual barrier shall be installed
around such storage areas so as to conceal view from adjacent
properties and streets.
(5) Heating and air conditioning, plumbing and electrical contractors,
wholesale bakeries and similar uses.
(6) Vocational, technical or trade schools (except truck or tractor driving
schools) and similar uses.
(7) Government buildings, uses and facilities.
(8) Minor automotive repair, and boat, trailer or surfboard repair of a minor
nature.
(c) Uses -by -exception. Within the light industrial and warehousing zoning district, the
following uses may be approved as a use -by -exception.
(1) Bulk storage of flammable liquids or gases subject to provisions of county
and state fire codes.
(2) Radio, TV and telecommunications transmitting tower.
(3) Concrete batching plants.
(4) Establishments for sale of new and used automobiles, motorcycles,
trucks and tractors, boats, automobile parts and accessories (except
salvage yards), machinery and equipment, farm equipment, lumber and
building supplies, mobile homes, monuments and similar sales
establishments.
(5) Establishments for heavy automotive repair, towing service or the
permanent storage of automobiles, motorcycles, trucks and tractors,
boats, machinery and equipment, farm equipment and similar uses.
(6) Welding shops, metal fabrication and sheet metal works.
(7) Manufacture and production of boats and surfboards.
(8) Processing (excluding animal processing and slaughterhouses).
(9) Wholesale food processing.
(d) Minimum lot size. The minimum size for lots within the LIW district shall be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements for the LIW zoning
districts shall be as follows:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Ten (10) feet.
(3) Side yard: Ten (10) feet.
(f)
Building restrictions. The building restrictions for the LIW zoning district shall be
as follows:
(1) Maximum impervious surface: Seventy (70) percent. The maximum
impervious surface shall not apply to infill development or redevelopment
of previously developed sites. Where existing development exceeds
seventy (70) percent, redevelopment shall not increase impervious
surface area beyond that existing. Required landscaping shall be
provided in accordance with division 8 of this chapter. Stormwater
management requirements shall apply to infill development and to
redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-113. Special purpose district (SP).
(a) Intent. The special purpose district is intended for a limited single use that does
not fit within the conventional zoning districts. Applications to rezone land to
special purpose district may be made in accordance with section 24-62. The use
proposed for any special purpose district shall be consistent with the
comprehensive plan, and the use and any limitations applicable to such use shall
be stated within the ordinance establishing the special purpose district.
(b) Permitted uses. Government uses and public facilities and any other permitted
uses shall be limited to those established by the city commission within the
ordinance creating a special purpose district, and upon a finding of consistency
with the comprehensive plan.
(c) The existing salvage yard, which is restricted to storage and salvage operations
of automobiles, trucks, motorcycles, mobile homes, other vehicles, boats, septic
tanks and metal scrap is recognized as a lawfully permitted nonconforming use.
The site area for this existing salvage yard shall not exceed that covered by the
blocks or portions thereof limited in location to the following lots of record
identified as Section H, to wit: all of Blocks 111, 112, 113, 117, 118, 119, 140,
141, and 142.
In the case that any lot or parcel within the blocks referenced herein shall cease to be
used for a salvage yard as described herein, then and in that case, that particular lot or parcel
shall not again be used except in conformance with the requirements of this section, and any
autos, boats, parts, or similar remaining materials shall be removed at the owner's expense
within six (6) months after receiving written notice from the City of Atlantic Beach. The zoning
district classifications of such lots shall then revert to residential, single-family (RS -2), and the
use of such lots shall conform to the provisions of section 24-106 and all other applicable land
development regulations.
(d) Uses -by -exception. None.
(e) Minimum lot or site requirements. Minimum required lot area shall be determined
based upon the characteristics of the use proposed.
Minimum yard requirements. Structures shall be a minimum distance of five (5)
feet from any property line.
(f)
(g) Building restrictions. The building restrictions applicable to any use permitted
within a special purpose district shall be established within the ordinance creating
such special purpose district.
(h) Special requirements. Development within a special purpose district shall be
subject to the following provisions:
(1) Accessory uses shall be determined based upon the specific use
permitted within the special purpose district.
(2) Where a specific permitted use within a special purpose district is ceased
for a period of six (6) months or abandoned, the zoning district
designation shall remain special purpose (SP), except in the case where
the terms of an SP district require reversion to a previous zoning district
designation. In all other cases, no future use shall be permitted except in
conformance with the requirements of this section and until the ordinance
establishing the special purpose district is amended.
Where a specific permitted use within a special purpose district is ceased
for a period of six (6) months, or abandoned, all structures, equipment,
stored materials and any refuse shall be fully removed, at the property
owner's expense, within six (6) months of receiving written notice from the
City of Atlantic Beach in accordance with such order for removal or in
accordance with the terms of the ordinance establishing the special
purpose district.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(3)
Sec. 24-114. Central business district (CBD).
(a) Intent. The central business district is intended for low intensity, neighborhood
scale commercial and retail and food service uses, and professional offices,
which are suitable within the constraints of the existing development patterns of
the district and which contribute to the commercial, civic and cultural vitality of the
City of Atlantic Beach Town Center area. The central business district contains
an established development pattern with a predominance of older structures built
prior to the current requirements for area, setbacks, parking and other site
related elements, and this character should be retained.
(b) Permitted uses. The uses permitted in the central business district shall be:
(1) Service establishments such as barber or beauty shops, shoe repair,
Laundromat, (but not dry cleaners), tailors or dressmakers; retail sales of
items such as wearing apparel, toys, sundries and notions, books,
stationery, luggage, jewelry, or similar uses.
(2) Pharmacies.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys,
engineers, and similar uses.
(5) Business offices such as real estate broker, insurance agents, and similar
uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Restaurants, cafe, coffee shops without drive -up or drive-through service.
(8) Art galleries, libraries, museums, cultural centers.
(9) Municipal, government buildings and facilities.
(10) Leased right-of-way uses.
(11) A single dwelling unit within the same building occupied by a permitted
use, intended to be occupied by the owner or an employee of such use.
(c) Uses -by -exception. Within the central business district, the following uses may
be approved as a use -by -exception.
(1) Residential, where such residential use is secondary to the permitted
commercial use of the building.
(2) Businesses offering live entertainment, not including adult entertainment
establishments as defined by Section 847.001(2), Florida Statutes, and
also not including outdoor entertainment such as putt -putt golf and driving
ranges, skateboard facilities, firing ranges, amusement centers and video
game arcades and any type of token or coin-operated video or arcade
games, tattoo or body artists or studios, movie theaters, billiard and pool
halls.
(d) Lot size and yard requirements. Subject to meeting required impervious surface
area limits, stormwater requirements, access and parking standards, landscaping
and buffering, there are no defined setbacks within the central business district.
(e) Building restrictions. The building restrictions for the central business district shall
be as follows:
(f)
(1) Maximum impervious surface: Seventy (70) percent. The maximum
impervious surface shall not apply to infill development or redevelopment
of previously developed sites. Where existing development exceeds
seventy (70) percent, redevelopment shall not increase impervious
surface area beyond that existing. Required landscaping shall be
provided in accordance with division 8 of this chapter. Stormwater
management requirements shall apply to infill development and to
redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
Right-of-way lease restrictions. Outside seating for restaurants, coffee shops and
sidewalk cafes may be operated by the management of adjacent permitted food
service establishments, subject to the following provisions:
(1) Outside seating within public rights-of-way may be permitted under a
renewable annual lease agreement approved by the city commission. As
a condition of the lease, the owner of such establishment shall agree in
writing to maintain that portion of the right-of-way where the outside
seating is located. The owner/leasee/feasor of the business establishment
and the property owner shall agree in writing to hold the City of Atlantic
Beach harmless for any personal injury or property damage resulting from
the existence or operation of, and the condition and maintenance of the
right-of-way upon which any outside seating is located, and shall furnish
evidence of general liability insurance in the amount of one million dollars
($1,000,000.00) per person and two million dollars ($2,000,000.00) per
occurrence with the City of Atlantic Beach as additional named insured.
(2) Outside seating shall not be permitted on the sidewalk closer than five (5)
feet from the curb line of the street or from any fire hydrants located in the
rig ht -of -way.
(3) Outside seating areas shall be defined by an enclosure of at least three
(3) feet in height measured from the ground or sidewalk level. Enclosures
shall be designed in compliance with ADA accessibility guidelines and
shall provide safe pedestrian access to the public right-of-way and
designated parking spaces. Such enclosure may consist of screens,
planters, fencing or other similar materials.
(4) No heating or cooking of food or open flames shall be allowed in outside
seating areas.
(5) Seats provided in outside seating areas shall be included in the required
parking calculations.
(6) Amplified music shall not be permitted in outside seating areas. Lighting
to serve outside seating areas shall be white in color and shall not spill
over to adjacent properties.
(7) The city commission shall determine and establish by resolution the
charges, terms and termination procedures for right-of-way leases.
(8) The city commission may permit nonfood service uses under right-of-way
lease agreements provided such uses are permitted under the
use -by -exception process and further provided such uses are special
event related and not continuous.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-115. Reserved.
DIVISION 6. SPECIAL PLANNED AREA DISTRICT (SPA)
Sec. 24-116. Purpose and intent.
Sec. 24-117. Special planned area district defined.
Sec. 24-118. Special planned area district required.
Sec. 24-119. Permitted uses and site requirements.
Sec. 24-120. Process for rezoning to special planned area district.
Sec. 24-121. Development standards and criteria.
Sec. 24-122. Master site development plan required.
Sec. 24-123. Platting.
Sec. 24-124. Modifications to previously approved special planned area districts or master
site development plans or planned unit developments (PUD).
Sec. 24-125. Expiration of time limits provided in ordinance.
Sec. 24-126. Effect on previously approved planned unit developments (PUDs).
Secs. 24-127-24-150. Reserved.
Sec. 24-116. Purpose and intent.
The purpose of the special planned area district is to create a mechanism to establish a
plan of development or redevelopment for a site where the property owner and the community's
interests cannot be best served by the provisions of the conventional zoning districts, and where
assurances and commitments are necessary to protect the interests of both the property owner
and the public, and also the unique qualities of the City of Atlantic Beach which are expressed
throughout this chapter and the comprehensive plan.
The intent of this section is to provide an appropriate zoning district classification for new
development and redevelopment where specific development standards and conditions will be
established within the enacting ordinance. The quality of design and site planning are the
primary objectives of the SPA district.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-117. Special planned area district defined.
For the purpose of this chapter, special planned area shall mean a zoning district
classification that provides for the development of land under unified control which is planned
and developed as a whole in a single or programmed series of operations with uses and
structures substantially related to the character of the entire development. A special planned
area shall also include a commitment for the provision, maintenance, and operation of all areas,
improvements, facilities, and necessary services for the common use of all occupants or patrons
thereof.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-118. Special planned area district required.
The special plan area process may be used at a property owner's discretion, and may
also be required by the city where a proposed development or redevelopment project has
unique characteristics, special environmental or physical features such that a site development
plan is needed as part of the review and approval process. Proposed mixed use projects shall
require approval as a special planned area district.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-119. Permitted uses and site requirements.
(a) Permitted uses. Any use or mix of uses, which are a permitted use or a permitted
use -by -exception, subject to that use being an allowable use within the future
land use category as designated by the comprehensive plan, may be proposed
within a special planned area district.
(b) Site requirements. Special planned area districts shall not have a minimum size
requirement, but shall otherwise be subject to all applicable requirements of this
chapter.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-120. Process for rezoning to special planned area distri
(a) The procedure for rezoning to special planned area
forth within section 24-62 of this chapter.
(b) Ownership and commitment information required. An
special planned area shall proceed in general as
rezoning and, in addition to the information required
following shall also be required:
(1) Evidence of unified control and a commitment to proceed with the
proposed development in accordance with the ordinance creating the
special planned area
(2) Provision of a written statement for completion of the development
according to plans and schedule approved by the ordinance, and for the
continuing operation and maintenance of all privately owned areas,
functions and facilities, which will not be operated or maintained by the
city pursuant to written agreement.
Commitment to bind all successors and assigns in title to any
commitments included within the ordinance creating the special planned
area which shall also include by reference the application for rezoning
and the approved plan of development, and which shall be recorded with
the Clerk of the Courts of Duval County.
(4) Statements providing commitments for the continued maintenance and
ownership of all shared and common areas, any private streets, all
stormwater management structures and facilities, infrastructure and any
other improvements.
(c) Materials to accompany application. An application for rezoning to special
planned area shall include the following:
(1) Traffic, environmental or other technical studies and reports as may be
required in order to make the findings and determinations called for in the
evaluation of the particular application. Any such information shall be
provided at the applicant's expense and shall be prepared by
professionals who are qualified, licensed or certified to prepare such
information using standard accepted methodologies.
(2) Written narrative describing the intended plan of development.
ct.
shall be the same as set
application for rezoning to
for other applications for
for such applications, the
(3)
(3)
A proposed site development plan drawn at an appropriate scale
depicting the following:
a. The general location, grouping, and height of all uses, structures
and facilities.
b. In the case of residential development, the number of dwelling
units proposed, their general location, proposed building setbacks,
separation between structures and number of stories.
c. The general location of vehicular and pedestrian circulation
systems including driveways, sidewalks, parking areas, and
streets to be dedicated.
d. Open space and all active and passive recreational uses, with
estimates of acreage to be dedicated to the city and that to be
retained in common ownership. Active and passive recreation
shall be sufficient to serve the needs of residents within the
planned unit development.
e. A topographic map at an appropriate scale showing contour lines,
including all existing buildings, water bodies, wetland areas and
ratio of wetlands to uplands, significant environmental features
and existing vegetative communities.
f. Any archaeological or historic resources, as identified by the State
Division of Historical Resources Master Site File.
g.
Site data including total number of acres in the project and
acreage to be developed with each proposed use. (Total number
of dwelling units separated by type and total nonresidential
acreage and square footage of nonresidential structures.
(4) Proposed schedules of development, including the following:
a. Areas to be developed and the phasing schedule for each
development area. Individual phases may overlap, but no single
phase shall exceed a period of five (5) years.
b. Terms providing a definition for commencement and a definition of
completion.
c. The construction of streets, utilities and other improvements
necessary to serve the proposed development.
d. The dedication of land to public use.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-121. Development standards and criteria.
The special planned area district should not be construed as a mechanism to diminish
the requirements set forth elsewhere within this chapter or other chapters of the City Code.
Waivers to existing development standards shall be approved by the city commission and only
upon demonstration that an alternative standard will provide a better development outcome with
respect to the quality of design and development form. Unless otherwise approved as part of the
master site development plan, all applicable requirements of the land development regulations
shall apply.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-122. Master site development plan required.
A final site development plan shall be attached as an exhibit to the ordinance or adopted
by reference within the ordinance enacting any special planned area district and shall include
the following:
(1) Those items set forth within section 24-118.
(2) A schedule of development, and if a phased schedule is proposed, phases of not
more than five (5) years each.
All features and special development provisions and conditions capable of being
depicted on a map or otherwise provided in notations on the plan or within text
attachments.
(3)
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-123. Platting.
Where lands within a special planned area district will be platted, the platting and
recordation procedures and requirements as set forth within article IV of this chapter shall apply.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-124. Modifications to previously approved special planned area districts or
master site development plans or planned unit developments (PUD).
(a) Changes to the terms or conditions of a special planned area district, or to an
existing planned unit development approved prior to the enactment of the special
planned area district, that are specifically set forth within the ordinance enacting
the PUD or SPA district shall require an ordinance revision using the standard
process to amend city ordinances and land development regulations.
(b) Changes to master site development plans shall require approval by resolution of
the city commission upon finding that the proposed changes remain consistent
with the approved special planned area district.
(c) Minor deviations to a master site development plan or final development plan
may be approved by the designated administrative official following review by the
public works, public utilities and community development departments, upon
finding that the requested changes are consistent with the following:
(1) No change in use;
(2) No increase in building height, density or intensity of use;
(3) No decrease in area set aside for buffers or open space;
(4) No changes to access point or driveways.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-125. Expiration of time limits provided in ordinance.
If development actions set forth within the ordinance creating a special planned area
district are not taken as prescribed within the ordinance, the special planned area district shall
expire, and no further action shall be permitted under same unless an extension has been
granted by the city commission.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-126. Effect on previously approved planned unit developments (PUDs).
PUDs created prior to the effective date of the ordinance enacting the special planned
area district provisions shall remain so designated on the zoning map and shall remain subject
to all specific terms and conditions as set forth within the particular PUD ordinance, except that
any change to a previously enacted PUD shall be made in accordance with the procedures as
set forth within this division.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-127-24-150. Reserved.
DIVISION 7. SUPPLEMENTARY REGULATIONS
Sec. 24-151. Accessory uses and structures.
Sec. 24-152. Child care.
Sec. 24-153. Churches.
Sec. 24-154. Outdoor display, sale and storage of furniture, household items, merchandise
and business activities outside of enclosed buildings.
Sec. 24-155. Establishments offering live entertainment.
Sec. 24-156. Exceptions to height limitations.
Sec. 24-157. Fences, walls and similar structures.
Sec. 24-158. Dog -friendly restaurants.
Sec. 24-159. Home occupations.
Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above -ground
tanks.
Sec. 24-161. Off-street parking and loading.
Sec. 24-162. Parking lots.
Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles and
equipment and repair of vehicles in residential zoning districts.
Sec. 24-164. Swimming pools.
Sec. 24-165. Service stations.
Sec. 24-166. Signs.
Sec. 24-167. Required buffers between residential and nonresidential uses.
Sec. 24-168. Land clearing, tree removal or damage to existing trees and vegetation.
Secs. 24-169, 24-170. Reserved.
Sec. 24-171. Commercial corridor development standards.
Sec. 24-172. Residential development standards.
Sec. 24-173. Neighborhood preservation and property maintenance standards.
Sec. 24-174. Boats and watercraft.
Sec. 24-175. Reserved.
Sec. 24-151. Accessory uses and structures.
(a) Authorization. Accessory uses and structures are permitted within any zoning
district, as set forth within this section, where the accessory uses or structures
are clearly ancillary, in connection with, and incidental to the principal use
allowed within the particular zoning district. Any permanently located structure,
including porches, decks and deck railings and the like, which exceed thirty (30)
inches in height, also including those which may not require a building permit, are
subject to applicable yard requirements unless otherwise provided for within this
section. Any accessory structure, if allowed to deteriorate to an unsafe,
deteriorated or unsightly appearance, shall be repaired or removed upon order of
the city, and shall become subject to code enforcement action for failure to
comply. However, temporary structures, such as portable tents, canopies,
awnings or other nonpermanent structures shall be limited to special occasion
use only, and for a period of not more than ninety-six (96) hours, i.e., four (4)
days.
(b) Accessory uses and structures by zoning district.
(1) Within all residential zoning districts.
a. Antenna structures for television and radio, but not microwave
relay or commercial transmission structures, television and radio
antennae of the customary size and design shall not count as
accessory structures for the purposes of determining the number
of such structures, provided that only one (1) such structure is
permitted per residence.
b. Children's playhouse and/or juvenile play equipment provided
such shall not be permanently located within required front yards.
c. Guest house or guest quarters, provided that such are used only
for intermittent and temporary occupancy by a nonpaying guest or
family member of the occupant of the primary residence. A guest
house or guest quarters shall not be rented for any period of time
and shall not contain a kitchen, but may contain a kitchenette as
defined herein. Further, a guest house or guest quarters shall not
be used as, or converted to a dwelling unit. A detached guest
house or guest quarters shall not exceed the number of buildings
allowed on a lot as set forth within subsection 24-82(b).
d. Detached private garages, carports, guest houses or guest
quarters, not to exceed six hundred (600) square feet of lot area
and fifteen (15) feet in height, except in accordance with section
24-89 or the provisions of the following paragraph. Only one (1)
detached private garage, carport, guest house or guest quarters
shall be allowed on any single residential lot, and shall be a
minimum distance of five (5) feet from rear and side lot lines. Such
detached structures exceeding six hundred (600) square feet of lot
area shall comply with applicable setbacks as established for the
principal building.
e. Detached private garages, not to exceed six hundred (600) square
feet of lot area may be constructed to a height of twenty-five (25)
feet provided that such structures shall comply with applicable
side yard requirements and shall be a minimum distance of ten
(10) feet from the rear lot line.
f. Gazebos and similar structures, not to exceed one hundred fifty
(150) square feet and twelve (12) feet in height and a minimum
distance of five (5) feet from the rear and side lot lines.
g. Private swimming pools in accordance with section 24-164.
h. Home office (but not home occupation).
i. Private ball courts and other similar private recreational uses.
j. Skateboard, skating, bicycle or similar ramps, for use on private
property only, placed or constructed in fixed locations and made of
wood, block, concrete or similar materials, provided that these are
not located within required front yards or the street side yards on a
corner lot. Due to excessive noise, which may result from the use
of such ramps, time of use shall be limited to the hours between
9:00 a.m. and 10:00 p.m. Such ramps shall be maintained in a
safe and good condition, and shall be disassembled and removed
from the property if allowed to deteriorate to an unsafe or unsightly
appearance.
k. Storage and tool sheds, not to exceed one hundred fifty (150)
square feet and twelve (12) feet in height. Only one (1) detached
storage or tool shed shall be allowed on any single residential lot,
and such structures shall be a minimum distance of five (5) feet
from the rear and side lot lines.
I. Screened enclosures and pool cages with screened roofs or
similar nonstructural roofs such as awnings and the like, located a
minimum of five (5) feet from any side or rear lot line. Such
screened enclosures shall not be allowed in front yards.
m. Personal pets, limited to those animals customarily considered as
pets, and kept only on the same premises of the occupant(s) of
the principal residential building.
n. Outdoor shower enclosures and open exterior stairs within rear or
side yards, located a minimum of three (3) feet from side lot lines.
(2) In any zoning district, except as to private swimming pools.
a. All accessory uses and structures shall comply with the use
limitations applicable to the zoning district in which they are
located. Space within an accessory structure shall not be leased
or used for any use, activity or purpose other than those typically
incidental to the use of the principal building.
b. No accessory structure shall be used as a residence, temporarily
or permanently, except in accordance with section 24-89, and no
accessory structure shall be used for any commercial or business
purpose unless approved as a home occupation in accordance
with the provisions of section 24-159 of this chapter.
c. Unless otherwise specified within this section, all accessory
structures shall comply with the land development regulations,
including the minimum yard requirements applicable to the zoning
district in which they are located.
d. Unless otherwise specified within this section, accessory uses and
structures shall not be located within required front yards and shall
not be closer than five (5) feet from any lot line.
e. Accessory structures shall not be more than fifteen (15) feet in
height, except in accordance with section 24-89 or preceding
subsection (b)(1)e.
f. No accessory building or structure shall be located closer than five
(5) feet to any other building or structure on the same lot. Any
accessory building or structure located closer than five (5) feet to
a principal structure shall be considered attached, and shall
comply in all respects with the lot, yard and scale limitations
applicable to the zoning district in which they are located.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-12-214, § 1(Exh. A), 3-26-12)
Sec. 24-152. Child care.
Child care centers, including day nurseries and kindergartens, and child care provided in
private homes, whether operated as a permitted use or permitted as a use -by -exceptions, shall
be licensed and operated in accordance with all applicable requirements of the Florida
Department of Children and Family Services, all applicable city codes, and shall further be
subject to the following provisions:
(a) Minimum Lot area shall not be less than five thousand (5,000) square feet.
(b) Outdoor play areas shall be fully fenced with a minimum four -foot high latching
fence, and the size of play area shall meet the state regulations for square feet of
play area per child. Within all residential zoning districts, play areas and all play
equipment, structures and children's toys shall not be located, maintained or
stored within required front or side yards.
(c) Where approval of a use -by -exception is required to operate a child care facility,
the maximum number of children shall be stated in the application, and in no
case shall the maximum permitted number of children be exceeded at any time.
The application shall include a site 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 as required by section 24-161, and traffic circulation, including
any drop-off areas.
(d) Child care provided within private homes, not requiring approval of a
use -by -exception, shall be limited to care of not more than five (5) children,
unrelated to the operator, within a single time period, and shall be licensed and
operated only in accordance with all applicable licensing requirements of the
Florida Department of Children and Family Services (DCFS) and the
requirements of this section. The application for occupational license to provide
child care within a private home shall be accompanied by a copy of the current
license certificate from the DCFS and a survey or site plan demonstrating
compliance with all requirements of this section. The city reserves the right to
request of the DCFS an inspection pursuant to Section 402.311, Florida Statutes,
prior to issuance of a local occupational license. Child care in private homes shall
be further subject to the following requirements.
a. No business signs shall placed upon the lot where child care is provided
within private homes.
b. Play areas and all play equipment, structures and children's toys shall not
be located, maintained or stored within required front or side yards.
c. Off-street parking, as required by section 24-161, shall be provided,
including provision[s] for off-street drop-off and pick-up. Parking and
traffic generated by any child care provided within private home facilities
shall have no adverse impacts to the volume or circulation of residential
traffic.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-153. Churches.
The minimum development criteria for churches in any zoning district where churches
are permitted shall include the following:
(a) Adequate site area to accommodate all structures and required onsite parking
and circulation areas for motor vehicles, in accordance with the parking
requirements of this chapter.
(b) 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.
(c) Maintenance of the required clear sight triangle.
(d) Minimum yard requirements and building restrictions as required within the
zoning district in which the facility is located.
(e) Buffering as required by section 24-167 of this chapter in the form of hedge
materials and/or fence or wall, as appropriate, along lot lines adjacent to any
residential uses.
(f)
A single dwelling unit for may be permitted and may be attached to, located
within, or on the same premises [as] the church. For dwelling units that are
detached from the church building, the minimum yard requirements and building
restrictions of the RS -2 zoning district shall apply.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-154. Outdoor display, sale and storage of furniture, household items,
merchandise and business activities outside of enclosed buildings.
(a) Within all nonresidential zoning districts, the outside display of products, or
outside sale of furniture, clothing, dry goods, hardware or other similar
merchandise, equipment and materials, and also street vendors, shall be
prohibited, with the following exceptions:
(1) Landscaping and garden supplies, nursery stock in containers, patio
furniture and ornamental articles for use in lawn, garden or patio areas,
displayed for sale on private property only and subject to provision of any
required buffering and screening.
(2) Locations authorized for permanent automotive sales, except that no
storage or display of tires, auto parts, tools, service or repair work is
permitted outdoors, and no streamers, banners, pennants, balloons,
flashing lights or similar items are permitted in any location.
Temporary farmer's markets limited only to farm and garden produce, and
seasonal items such as Christmas trees and pumpkins, may be permitted
on private property subject to approval by the designated administrative
official verifying adequate parking, safe site access, and establishing the
duration and time of such activities. Other conditions for approval, as
appropriate, may be required.
(b) Within the commercial general (CG) zoning district only, outside display of
merchandise shall be permitted only in accordance with the following conditions:
(1) Display areas must be fully located on private property, shall not be
located in any drive aisle, parking or landscaping areas and shall not in
any manner interfere with use of a sidewalk, walkway or entrance to a
business with a minimum three-foot wide clear area maintained for
walkways in front of any such display. All items and any display rack or
table must be brought inside at the close of each business day.
(2) Outside display racks or tables are limited to a maximum size of three (3)
feet in height, two (2) feet in depth and five (5) feet in width, and only one
(1) outside display rack shall be permitted per business or per lot, as
applicable. Display racks or tables must be professionally constructed or
manufactured and of a type customarily used for such purposes.
Temporary tables constructed of plywood, blocks or other similar
materials shall not be used.
(3)
(3)
Only merchandise that is sold inside the adjoining business, which holds
the valid business license as the owner or lease holder to operate such
business, shall be displayed outside.
(4) No temporary signs, lights, banners, balloons, posters and the like shall
be permitted on such displays, except that pricing information attached to
(5)
individual items for sale is permissible, and such displays shall be
maintained in a neat, orderly and uncluttered manner.
Failure to consistently observe all above conditions shall result in an order
from the city to remove all such merchandise and revocation of rights for
such future outside displays may follow.
(c) Unless expressly permitted by this section or elsewhere within these land
development regulations, all business related products services and activities
shall be conducted within an enclosed Building, subject to compliance with
applicable licensing requirements.
(d) Temporary shows for the outdoor display and sale of automobiles, trucks,
motorcycles, boats, RVs and the like, flea markets, swap meets, regardless of
the name used to describe these, shall be prohibited in all zoning districts.
(e) Any signage used for any outside merchandise or activity shall be in accordance
with the sign regulations.
This section shall not be construed to prohibit outdoor restaurant seating on
private property where permitted by the property owner and in compliance with
other applicable regulations including required parking, and any required
licensing from the division of alcoholic beverages.
Within all residential zoning districts, and also including any property containing a
residential use, household items, furniture and those items customarily intended
for indoor use shall not be displayed, maintained or permanently stored outdoors,
or in any location on the lot where such items are visible from adjacent
properties. Discarded or unused household items shall be stored or properly
disposed of to avoid mold, rodent and insect infestations which may result in
health risks and which also create unsightly appearances that negatively affect
neighborhoods. Such violations shall be corrected immediately upon written
order from the city.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(f)
(g)
Sec. 24-155. Establishments offering live entertainment.
If at any time the city commission shall determine, based upon procedural due process,
that the live entertainment, for which a use -by -exception 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, appearance or value
of property in the immediate or surrounding vicinity, then the city commission may, upon such
determination, revoke, cancel or suspend such use -by -exception and related business license,
and any person or party applying for and receiving a use -by -exception for live entertainment is
hereby placed on notice that the use -by -exception may be canceled, revoked or suspended at
any time pursuant to the provisions of this section. Every use -by -exception 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. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-156. Exceptions to height limitations.
Upon specific application, the city commission may make exceptions to the maximum
height of buildings as set forth within this chapter only within nonresidential zoning districts and
only in accordance with the following:
(a) In no case shall approval be granted for any height of building within the city
exceeding thirty-five (35) feet, except in accordance with section 59 of the City
Charter.
(b) Requests to exceed the maximum height of building for certain elements of a
building may be considered and approved only within nonresidential land use
categories and for nonresidential development. Further, any such nonresidential
increase to the maximum height of building shall be limited only to exterior
architectural design elements, exterior decks or porches, and shall exclude
signage, storage space or habitable space as defined by the Florida Building
Code and shall be approved only upon demonstration that the proposed height is
compatible with existing surrounding development.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-157. Fences, walls and similar structures.
(a) Permit required. Issuance of a permit is required for any new or replacement
fence or wall, and all new or replacement fences and walls shall comply with the
following provisions. Nonconforming fences shall not be replaced with
nonconforming fences. The term fence and wall may be used interchangeably
within this chapter, and shall mean as specifically defined within section 24-17.
Fences must be constructed out of materials that are customarily used for
fences.
(b) Height and location.
(1) Within required front yards, the maximum height of any fence shall be
four (4) feet, except that open ornamental aluminum, iron or vinyl or wood
fences, similar to the below examples, with vertical rails no more than two
(2) inches in width and spacing of at least four (4) inches may be
constructed to a maximum height of five (5) feet except in cases as
described in following subsection ii. Within required side or rear yards, the
maximum height of any fence shall be six (6) feet.
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(2) The height of fences shall be measured from the established grade at the fence
location to the horizontal top rail of the fence. The use of dirt, sand, rocks,
timbers, or similar materials to elevate the height of a fence on a mound or above
the established grade is prohibited.
The maximum height of retaining walls on any Lot is four (4) feet. A minimum of
forty (40) feet shall separate retaining walls designed to add cumulative height or
increase site elevation. Signed and sealed construction and engineering plans for
retaining walls over thirty-six (36) inches in height shall be required.
(4) For nonoceanfront lots with uneven topography along a side lot line, the
minimum necessary rake of the fence, which is the ability for a fence to adjust to
(3)
a slope, shall be allowed for the purpose of maintaining a consistent horizontal
line along the side of the lot, provided that the height closest to the front of the lot
does not exceed six (6) feet.
(c) Corner lots. Fences, walls, similar structures and landscaping on corner lots may
create obstacles to clear vehicular, bicycle and pedestrian sight visibility resulting
in a public safety hazard. Notwithstanding the following provisions, clear sight
visibility for fences, walls, landscaping or any structure proposed along the street
side of any corner lot shall be verified by the designated public safety official prior
to issuance of the permit required to construct, place or replace any such feature.
Sight triangles as defined within section 24-17 shall remain free of visual
obstruction.
(1) For corner lots located on rights-of-way that are fifty (50) feet or less in
width, no fence, wall or landscaping exceeding four (4) feet in height,
shall be allowed within ten (10) feet of any lot line which abuts a street.
(2) For corner lots located on rights-of-way that are wider than fifty (50) feet,
fences may be constructed within the side yard adjacent to the street at a
maximum height of six (6) feet provided that the fence is on the private
property and shall not be located closer than fifteen (15) feet from the
edge of the street pavement or closer than five (5) feet to any sidewalk or
bike path.
Similarly, hedges and landscaping on corner lots shall be maintained at a
height that does not interfere with clear vehicular, pedestrian or bicycle
sight visibility or use of the public sidewalk or bike path.
(d) Structures similar to fences. Vertical structures such as trellises, screens,
partitions or walls, that are intended primarily for the purpose of creating privacy
for a back yard or an exterior deck, as opposed to a fence which encloses or
separates land, and constructed of any type of material shall be limited to
maximum length of twelve (12) feet and a height of eight (8) feet above the deck
or the established grade of the lot where such structure is placed, provided that
no such structure on a rooftop deck exceeds the maximum permitted height of
building. Except for oceanfront lots, where the ocean side is the designated front
yard, any such structure shall not be located within the required front yard of a lot
and shall be subject to the applicable required side yard setback.
(e) Maintenance of fences. Fences that have been allowed to deteriorate to an
excessive degree have a negative impact on property values and the quality of
neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall
be repaired, replaced or removed.
Unacceptable fences are identified as those containing any of the following characteristics that
can be easily observed from the street or by a neighboring property:
(1) Components of the fence are broken, bent, visibly rusted or corroded.
(2) Portions of the fence are no longer connected to support posts and rails.
(3) Any components are rotten, broken or missing.
(4) Weeds are overtaking the fence.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(3)
Sec. 24-158. Dog -friendly restaurants.
(a) Purpose and intent. The Dixie Cup Clary Local Control Act, F.S. § 509.233,
grants the city the authority to provide exemptions from certain portions of the
United States Food and Drug Administration Food Code, as amended from time
to time, and as adopted by the State of Florida Division of Hotels and
Restaurants of the Department of Business and Professional Regulation, in order
to allow patrons' dogs within certain designated outdoor areas of their respective
establishments while providing for regulation and enforcement required to
promote, protect, and maintain the health, safety and welfare of the public. By
authority of F.S. § 509.233(2), there is hereby created in the City of Atlantic
Beach, Florida such a local exemption procedure, known as the City of Atlantic
Beach Dog -Friendly Restaurants.
(b) Applicability. No dog shall be allowed in a public food service establishment
unless authorized by state law and the public food service establishment has
received and maintains an unexpired permit pursuant to this section allowing
dogs in designated outdoor dining areas of the establishment.
(c) Definitions. As used in this section, the following terms shall be defined as set
forth herein unless the context clearly indicates or requires a different meaning:
Administrator shall mean the representative(s) of the city as designated by the city manager to
oversee administration and enforcement of this section.
Division shall mean the Division of Hotels and Restaurants of the State of Florida Department of
Business and Professional Regulation.
Dog shall mean an animal of subspecies Canis lupus familiaris.
Employee shall mean owner, manager, host, wait staff, cook, dishwasher or any other person
involved in the operation of the public food service establishment.
Outdoor area shall mean an area not enclosed in a building and which is intended or used as an
accessory area to a public food service establishment which provides food and/or drink to
patrons for consumption in the area.
Patron shall mean any guest or customer of a public food service establishment.
Public food service establishment and food service establishment shall mean any building,
vehicle, place, or structure, or any room, division, or area in or adjacent to a building, vehicle,
place or structure where food is prepared, served, or sold for immediate consumption on or in
the vicinity of the premises; called for or taken out by customers; or prepared prior to being
delivered to another location for consumption.
(d) Permit requirements. No public food service establishment within the city shall
have or allow any dog on its premises unless the food service establishment
possesses a valid permit issued in accordance with this section, or unless
otherwise permitted pursuant to Florida Statutes.
(1) Permit application. An applicant for a dog -friendly restaurant permit shall
submit the established fees along with the application form created and
provided by the city to the designated administrative department. The
application shall contain all required narrative and graphical information
necessary to determine compliance with the provisions of this section and
deemed reasonably necessary for the enforcement of the provisions of
this section, but shall require, at a minimum, the following information:
a. The name, location, and mailing address of the food service
establishment.
b. The appropriate and current Division -issued license number for
the public food service establishment on all application materials.
c. The name, mailing address, and telephone contact information for
the owner of the public food service establishment.
d. The name, mailing address and telephone contact information for
the manager of the public food service establishment.
e. The name, mailing address, and telephone contact information for
the permit applicant.
f. A diagram and description of the outdoor area to be designated as
available to patrons' dogs, including the following:
1. Dimensions of the designated area;
2. A depiction of the number and placement of tables, chairs,
and restaurant equipment, if any;
3. The entryways and exits to the designated outdoor area;
4. The boundaries of the designated area and of other areas
of outdoor dining not available for patrons' dogs;
5. Any fences or other barriers; and
6. Surrounding property lines and public rights-of-way,
including sidewalks and common pathways.
The diagram or plan shall be accurate and to scale but need not be prepared by a licensed
design professional.
g.
A description of the days of the week and hours of operation that
patrons' dogs will be permitted in the designated outdoor area.
h. The property owner's authorization shall also be required if the
applicant is not the property owner.
Fees. The city commission shall establish reasonable fees to cover the
cost of processing an initial application and issuing the permit, including a
portion for initial permit compliance inspection and program monitoring.
Separate fees shall be established for verified complaint -based and
permit reinstatement compliance inspections. Such fees are detailed in
section 24-69 of this chapter.
Permit application review and approval. Permit applications submitted
under this Section shall be reviewed and approved by the administrator in
accordance with the following:
a. The permit application shall be submitted at least thirty (30) days
prior to the date anticipated by the food service establishment for
inception of the program in the designated outdoor area.
b. The applicant shall be required to prominently display notice within
the food service establishment that application has been made for
a dog -friendly restaurant permit. The notice shall indicate the
portion of the seating area for which permitting is requested and
the anticipated start date of service. The notice shall be displayed
commencing the date application is made and continue until such
date the permit is issued or the application is withdrawn or
abandoned.
c. No permit shall be issued for any outdoor seating area which has
not been properly authorized by the city or which does not meet all
applicable criteria of the city's land development regulations and
regulations of the division.
d. For permits authorizing dogs within the outdoor areas of a food
service establishment located on any right-of-way or other
property of the city or any other governmental entity, the
administrator shall require the applicant to produce evidence of
the following:
1. A valid right-of-way, sidewalk, or other permit, license, or
lease showing the food service establishment has the right
to occupy and use the area; and
2. A properly executed insurance endorsement providing
commercial general liability insurance coverage in an
amount of no less than five hundred thousand dollars
($500,000.00) per occurrence and one million dollars
($1,000,000.00) aggregate. The policy shall not have any
exclusion for animals or animal bites. All insurance shall be
from companies duly authorized to do business in the
State of Florida. All liability policies shall be endorsed to
provide that the city or any other appropriate governmental
entity is an additional insured as to the operation of the
outdoor dining area on such government property.
e. After the administrator determines the application for a permit to
be complete and in compliance with this section, the administrator
shall cause inspection of outdoor areas of the food service
establishment designated in the application for compliance with
the provisions of this section. A food service establishment found
not in compliance upon such inspection shall have a reasonable
time in which to correct any deficiencies found. Upon correction of
such deficiencies, the public food service establishment shall
request re -inspection and pay a re -inspection fee.
f. A food service establishment making application for or issued a
permit under this Section shall provide access to the premises of
the food service establishment upon request of the administrator
or any designated official of the city or the division for periodic
g.
inspections and monitoring for compliance. Neither advance
notice nor written request shall be required for such inspections.
An application shall be deemed abandoned if it remains
incomplete in the determination of the administrator for a period of
ninety (90) days after notice to the applicant of the deficiencies in
the application or if inspection of the food service establishment
revealed deficiencies in compliance with this Section and the
applicant has not requested reinspection within such period.
h. A permit issued pursuant to this section shall not be transferrable
to a subsequent owner upon the sale or transfer of a public food
serviced establishment, but shall expire automatically upon the
sale, lease, or other transfer of an interest in the food service
establishment, and service under such expired permit shall cease.
The subsequent owner, lessee, or other person acquiring an
interest in the food service establishment shall be required to
reapply for a permit pursuant to this section if such person desires
to continue to accommodate patrons' dogs according to the
provisions of this program.
(4) Permit expiration. Each permit issued under this section shall expire on
September 30 next following issuance, regardless of when issued.
Permit renewal. Each September, the administrator shall review the
compliance records for each public food service establishment with a
current dog -friendly restaurant permit and send out renewal notices to
those establishments not having substantial and/or habitual violations
during the past year. Upon receipt of a complete renewal application and
appropriate fees, and successful permit inspection, the Administrator shall
issue a renewal permit with an effective date of October 1 of that year.
The administrator shall issue a consultation notice to those food service establishments having
substantial and/or habitual violations during the past year. At consultation, the administrator and
the applicant shall discuss severity and frequency of violations documented during the past
year, and the Administrator shall determine whether or not the applicant may apply for a
probationary renewal permit. Any food service establishment issued consultation notices for two
(2) consecutive years shall be prohibited from applying for a dog -friendly restaurant permit.
(6) Permit revocation. A permit issued under this section may be revoked by
the administrator subject to the following conditions.
a. A permit issued under this section may be revoked by the
administrator if, after notice and reasonable time in which the
grounds for revocation may be corrected, the food service
establishment fails to comply with any condition of approval, fails
to comply with the approved diagram, fails to maintain any
required state or local license or permit, fails to pay when due any
permit, renewal, inspection, or re -inspection fees, is found to be in
violation of any provision of this section, this chapter, this Code, or
regulations of the division, or there exists any other threats to the
health, safety, or welfare of the public. The administrator may
suspend the permit and the food service establishment shall
cease service under the permit pending correction of the grounds
(5)
for revocation. If the grounds for revocation are a failure to
maintain any required state or local license or permit, revocation
may take effect immediately upon giving notice of revocation to
the food service establishment owner or manager. A suspension
or revocation by the administrator shall be appealable as provided
in the general appeal provision of this chapter, but shall remain in
effect during the course of such appeal.
b. If a permit issued to a food service establishment under this
section is revoked, no new permit may be approved or issued for
such food service establishment until the expiration of one
hundred eighty (180) days following the date of such revocation,
at which time the applicant may request a consultation with the
administrator to discuss issuance of a renewal permit.
(e) Use -specific standards. In addition to the general development standards and
those specific to the applicable zoning district, any public food service
establishment that receives a permit to allow dogs within a designated outdoor
dining area pursuant to this section shall require observation and compliance
with the following use -specific standards.
(1) The public food service establishment and designated outdoor area shall
comply with all permit conditions and the approved diagram.
(2) Permits shall be conspicuously displayed in the designated outdoor area.
(3) Waterless hand sanitizer shall be provided at all tables in the designated
outdoor area.
(f)
(4) A kit with appropriate materials and supplies for cleaning and sanitizing
an area soiled by dog waste shall be maintained in the designated
outdoor area. Dog waste shall not be carried in or through indoor portions
of the public food service establishment.
Ingress and egress to the designated outdoor area shall not require
entrance into or passage through any indoor area or nondesignated
outdoor areas of the public food service establishment.
(6) No dogs shall be allowed in the designated outdoor areas of the food
service establishment if a violation of any of the requirements of this
Section exists.
(5)
(7)
All dogs shall wear a current license tag or rabies tag and the patron shall
have a current license certificate or rabies certificate immediately
available upon request.
Required signs. Any public food service establishment that receives a permit to
allow dogs within a designated outdoor dining area pursuant to this Section shall
provide signage in accordance these standards and content.
(1)
Sign standards. Signs must comply with the following:
a. Lettering must be no less than a thirty-six (36) point font.
b. Lettering must be in a contrasting color to the sign background so
as to be visible and readable.
(2) Employee -directed content signs. Signs with the following rules must be
prominently posted in an employee area.
a. Employees shall wash their hands promptly after touching, petting,
or otherwise handling any dog, and shall wash their hands before
entering other parts of the public food service establishment from
the designated outdoor area.
b. Employees shall be prohibited from touching, petting, or otherwise
handling any dog while serving food or beverages or while
handling tableware.
c. Employees shall not permit any dog to be in, or to travel through,
indoor or nondesignated outdoor areas of the public food service
establishment.
(3)
d. Employees shall not allow any dog to come into contact with
serving dishes, utensils, tableware, linens, paper products, or any
other items involved in food service operations.
e. Employees shall not allow any part of a dog to be on chairs, tables
or other furnishings. Dogs must remain on the floor/ground level
and shall not be permitted in the lap of the patron.
f Employees shall clean and sanitize all table and chair surfaces
with an approved product between seating of patrons.
Spilled food and/or drink must be removed from the floor or
ground as soon as possible, but in no event less frequently than
between seating of patrons at the nearest table.
h. Accidents involving dog waste must be immediately cleaned and
sanitized with an approved product.
Patron -directed content. Signs with the following rules must be
prominently posted at the entrance to the designated outdoor area
allowing dogs.
a. Patrons shall keep their dogs on a leash at all times and shall
keep their dogs under reasonable control.
b. Patrons shall not leave their dogs unattended for any period of
time.
g.
c. Patrons shall not allow dogs to come into contact with serving
dishes, utensils, tableware, linens, paper products, or any other
items involved in food service operations.
d. Patrons shall not allow any part of a dog to be on chairs, tables or
other furnishings. Dogs must remain on the floor/ground level and
shall not be permitted in the lap of the patron.
e. Accidents involving dog waste must be immediately cleaned and
sanitized with an approved product.
f. Patrons are advised to wash their hands with waterless hand
sanitizer before eating.
(g) Complaints and reporting requirements. In accordance with F.S. § 509.233, the
administrator shall provide the division with the following in a timely manner.
(1) The administrator shall establish a procedure for accepting, documenting
and responding to complaints related to the program in a timely manner.
(2) The administrator shall in a timely manner provide the division with a copy
of all approved applications and permits issued.
The administrator shall promptly provide the division with copy of all
complaints and responses to such complaints.
(4) All applications, permits, and other materials submitted to the division
shall contain the division -issued license number for the public food
service establishment.
(3)
(Ord. No. 95-10-102, § 1, 1-10-11)
Sec. 24-159. Home occupations.
(a) Intent. Certain home occupations may be approved through the use -by -exception
procedure in order to address the desire of people to conduct limited small-scale
home occupations within a personal residence. A home occupation shall not
change the residential character or exterior appearance of a property, shall not
increase traffic in residential neighborhoods or involve on -premises contact with
customers or clientele and shall not create any adverse impacts to the
surrounding residential neighborhood.
(b) Home occupations shall be approved in accordance with section 24-63. The
following provisions regulations shall also apply to all activities approved as a
home occupations:
(1) The address of the home occupation shall not be advertised as a
business location.
(2) No one other than immediate family members residing on the premises
shall be involved in the home occupation. There shall be a limit of one (1)
business license per person, and no more than two (2) licenses per
household. Home occupations shall not be transferable from one (1)
location to any other location.
All business activities conducted on the licensed premises shall be
conducted entirely within the dwelling. There shall be no outside storage
or outside use of equipment or materials and not more than one (1)
vehicle, trailer or the like, which is associated with the business activity,
shall be parked on the licensed premises.
(4) No more than one (1) room of the dwelling shall be used to conduct the
home occupation, provided the area of that room does not exceed
twenty-five (25) percent of the total living area of the dwelling.
No external sign or evidence that the dwelling is being used for any
purpose other than a residence shall be allowed.
(6) There shall be no unusual pedestrian or vehicular traffic, noise, vibration,
glare, fumes, odors or electrical interference as a result of the home
(3)
(5)
(7)
occupation. Evidence of such shall result in revocation of the home
occupation approval.
The city commission may attach additional provisions and conditions, as
appropriate, to the approval of any home occupation.
(c) The following are typical activities that may be acceptable as home occupations:
Recognized professional services with characteristics that exceed the definition
of a home office, such as accountant, attorney, bookkeeper, insurance agent,
consultant, real estate agent, secretarial services, architect; and artist,
auctioneer, seamstress or tailor, music instructor, photographer, piano tuner,
telephone answering service, hobby and crafts not involving equipment, and
licensed massage therapist with no treatment of clients on premises. (Activities
meeting the definition of a home office shall not require approval as a
use -by -exception.)
(d) The following occupations and activities shall be prohibited as home occupations:
(1) Escort, modeling or introduction services.
(2) Masseuse or massage therapy with treatment on premises.
(3) Welding or any type of metal fabrication.
(4) Repair, maintenance or detailing or sale of automobiles, boats,
motorcycles, trailers or vehicles of any kind.
(5) Cabinet or furniture making.
(6) Upholstery or canvas work.
(7) Building, or manufacture or repair of boats, surfboards and the like.
(8) Fortune tellers, psychics and similar activities.
(9) Beauty shops or barbers.
(10) Tattoo or body artists.
(11) Antique or gift shops.
(12) Tow truck service.
(13) Boarding of animals.
(14) Any other activity as determined by the city commission to be
inappropriate as a home occupation.
(e) Home occupations shall not be permitted in areas that are restricted by deed
when such documents are recorded in the public records of Duval County and on
file with the City Clerk of the City of Atlantic Beach.
All other business activities, not specifically approved as a home occupations,
shall be restricted to the appropriate commercial zoning districts.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(f)
Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and
above -ground tanks.
(a) Within residential zoning districts, trash receptacles, garbage, recycling and
similar containers shall be shielded from view except during time periods typically
associated with refuse collection. Any structure, which serves the purpose to
contain or shield such containers, shall not be located within rights-of-way and
shall not create interference with clear vehicular or pedestrian travel or sight
distance.
(b) Within commercial zoning districts, dumpsters, trash receptacles, above -ground
tanks and similar structures and containers shall be screened from view by
fencing or landscaping, or shall be located so that these are not visible from
adjacent properties or streets. Above -ground tanks used to store hazardous,
chemical or explosive materials may remain unscreened upon determination by
the director of public safety that a threat to security and public safety may result
from screening such tank(s) from view.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-161. Off-street parking and loading.
(a) Purpose and intent. Off-street vehicular parking spaces required by this section
shall be provided at the time of the construction or expansion of any building for
the uses listed in this section. Parking areas shall be arranged for convenient
access and the safety of pedestrians and vehicles; shall provide barriers when
located at the perimeter of a lot to prevent encroachment on to adjacent
properties; and when lighted, lights shall be directed away from adjacent
properties. Parking areas and driveways shall not obstruct stormwater facilities,
drainage swales or clear vehicular sight distance. Excess surface parking is
discouraged, and in no case shall the number of extra surface parking spaces
exceed ten (10) spaces or ten (10) percent, whichever is greater. Parking
calculations demonstrating provision of required parking shall be provided with all
building permit applications submitted for review. Required parking shall be
maintained for the duration of the use it serves.
(b) General requirements and limitations for parking areas.
(1) Adequate drainage shall be provided, and parking areas shall be
maintained in a dustproof condition kept free of litter and debris.
(2) All parking areas shall be paved unless an alternative surface is approved
by the director of public works. Any such alternative surface shall be
maintained as installed, and shall be converted to a paved surface if a
failure to maintain results in adverse drainage or aesthetic impacts.
Parking for residential uses shall be located within paved or stabilized
driveways, private garages or carports or such areas intended for the
day-to-day parking of vehicles. Vehicles shall not be routinely parked
within grassed or landscaped areas of a residential lot or on grassed or
landscaped portions of public rights-of-way adjacent to the lot.
(4) There shall be no sales, service or business activity of any kind within any
parking area.
Mechanical or other automotive repair work on any motor vehicle shall not
be performed out-of-doors within any residential zoning district, except for
(3)
(5)
minor maintenance or emergency repair lasting less than eight (8) hours
and performed on a vehicle owned by the occupant of the residential
property.
(6) Applications to vary from the requirements of this section shall follow the
procedures set forth in subsections 24-64(a) and (b). The community
development board may approve such application only upon finding that
the intent of this section as set forth in preceding subsection (a) is met.
(c) Plans required. A composite site plan depicting the arrangement and dimensions
of required parking and loading spaces, access aisles and driveways in
relationship to the buildings or uses to be served shall be included on all plans
submitted for review.
(d) Measurement. Where floor area determines the amount of off-street parking and
loading required, the floor area of a building shall be the sum of the horizontal
area of every floor of the building. In places of public assembly in which
occupants utilize benches, pews or similar seating, each twenty-four (24) lineal
inches of such seating, or seven (7) square feet of floor area where no seating is
provided, 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.
(e) 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 use most similar to the one (1) sought, it being the intent of this section to
require all uses to provide adequate off-street parking and loading.
Location of required off-street parking spaces.
(1) Parking spaces for residential uses shall be located on the same property
with principal building(s) to be served.
(2) Parking spaces for uses other than residential uses shall be provided on
the same lot or not more than four hundred (400) feet away, provided that
required off-street parking shall in no case be separated from the use it
serves by arterial streets or major collector streets, or other similar
barriers to safe access between parking and the use. A shared parking
agreement shall be required where offsite parking is used to meet parking
requirements. In such cases, the uses sharing parking must demonstrate
different peak -hour parking needs.
Off-street parking for all uses other than single and two-family residential
shall be designed and constructed such that vehicles are not required to
back into public rights-of-way. Parking spaces shall not extend across
rights-of-way including any public or private sidewalk or other pedestrian
thoroughfare.
(4) Off-street parking spaces for any use shall not be located where, in the
determination of the director of public safety, an obstruction to safe and
clear vehicular sight distance would be created when vehicles are parked
in such spaces.
(f)
(g)
(3)
Design requirements.
(1) Parking space dimensions shall be a minimum of nine (9) feet by
eighteen (18) feet, except that smaller dimensions may be provided for
single-family residential lots, provided that adequate onsite parking is
provided to accommodate two (2) vehicles.
(2) Accessible parking spaces shall comply with the accessibility guidelines
for buildings and facilities (ADAAG), and shall have a minimum width of
twelve (12) feet.
Within parking lots, the minimum width for a one-way drive aisle shall be
twelve (12) feet, and the minimum width for a two-way drive aisle shall be
twenty-two (22) feet.
(4) Parking lots containing more than five (5) rows of parking in any
configuration shall provide a row identification system to assist patrons
with the location of vehicles, and internal circulation shall be designed to
minimize potential for conflicts between vehicles and pedestrians.
(h) Parking space requirements. Where existing uses, which do not provide the
required number of off-street parking spaces as set forth within this paragraph
are replaced with similar uses (such as a restaurant replacing a restaurant), with
no expansion in size or increase in number of seats, additional parking shall not
be required. Any increase in floor area or expansion in building size, including the
addition of seats shall require provision of additional parking for such increase or
expansion.
(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, commercial, retail, or service uses not otherwise specified: One
(1) space for each four hundred (400) 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, whichever is greater.
(6) Residential uses: Two (2) spaces per dwelling unit.
(7) Hospitals, clinics and similar institutional uses: One and one-half (11A)
spaces for each hospital bed.
(8) Hotels and motels: One (1) space for each sleeping unit plus spaces
required for accessory uses such as restaurants, lounges, etc., plus one
(1) employee space per each twenty (20) sleeping units or portion
thereof.
(3)
(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.
(i)
(11) Medical office or dental clinic: One (1) space for each two hundred (200)
square feet of gross floor area.
(12) Mortuaries: One (1) space for each four (4) seats or seating spaces in
chapel plus one (1) space for each three (3) employees.
(13) Marinas: One (1) space per boat slip plus one (1) space for each two (2)
employees.
(14) Professional office uses: One (1) space for each four hundred (400)
square feet of gross floor area.
(15) Restaurants, bars, nightclubs: One (1) space for each four (4) seats. Any
outdoor seating where service occurs shall be included.
(16) Rooming and boardinghouses: One (1) space for each guest bedroom.
(17) Schools and educational uses.
a. Elementary and junior high schools: Two (2) spaces for each
classroom, office and kitchen.
b. Senior high schools: Six (6) spaces for each classroom plus one
(1) space for each staff member.
(18) Vocational, trade and business schools: One (1) space for each three
hundred (300) square feet of gross floor area.
(19) Child care centers: Two (2) spaces for each employee, plus a clearly
designated drop-off and pick up area.
(20) Shopping centers: Four (4) spaces for each one thousand (1,000) square
feet of gross floor area.
(21) Assisted living, senior care and similar housing for the elderly where
residents do not routinely drive or maintain vehicles on the property: One
(1) space for each four (4) occupant accommodations.
Off-street loading spaces. Off-street loading and delivery spaces shall be
provided that are adequate to serve the use such that interference with routine
parking, pedestrian activity and daily business operations is avoided. Where
possible, loading and delivery areas should be located at the rear of a site and
shall not be required to back into a public right-of-way.
(j) Additional requirements for multi -family residential uses. New multi -family
residential development shall provide adequate area designated for parking of
routine service vehicles such as used by repair, contractor and lawn service
companies. For new multi -family development located east of Seminole Road,
three (3) spaces per dwelling unit shall be required in order to accommodate
increased parking needs resulting from beach -going visitors.
(k) Bicycle parking. All new development including any redevelopment or expansion
that requires any change or reconfiguration of parking areas, except for single -
and two-family residential uses, shall provide bicycle parking facilities on the
same site, and such facilities shall be located as close to the building entrance as
possible, in accordance with the following:
(1)
(1) Bicycle parking facilities shall be separated from vehicular parking areas
by the use of a fence, curb or other such barrier so to protect parked
bicycles from damage by cars.
(2) Provision to lock or secure bicycles in a stable position without damage to
wheels, frames or components shall be provided. Bicycle parking shall be
located in areas of high visibility that are well -lighted.
Parking areas and tree protection. Where protected trees exist within a proposed
parking area, and where more than ten (10) spaces are required, the city
manager may reduce the number of required spaces solely for the purpose of
preserving such protected trees. An acceptable tree protection plan shall be
provided to and approved by the city manager.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-162. Parking lots.
Off-street parking lots may be a permissible use -by -exception in all nonresidential zoning
districts where such lots are within four hundred (400) feet of the property requiring off-street
parking and provided such parking lots shall also conform to the following:
(a) A wall, fencing, shrubbery or as otherwise required by the community
development board and the city commission shall be erected along edges of
portions of such parking.
(b) No source of illumination for the parking area shall be directly visible from any
window in any residence in an adjoining residential zoning district.
(c) There shall be no sales, service or business activity of any kind in any parking
area.
(d) Parking spaces along sidewalks shall use curb stops to limit the encroachment of
the parked vehicle into the pedestrian walkway.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles and
equipment and repair of vehicles in residential zoning districts.
(a) The storage and parking of commercial vehicles greater than twelve thousand
five hundred (12,500) pounds gross vehicle weight and dual rear wheel vehicles
shall be prohibited in all residential zoning districts. Commercial vehicles of less
than twelve thousand five hundred (12,500) pounds gross vehicle weight,
recreational vehicles, 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 zoning district, except in accordance with the following
requirements:
(1) No more than one (1) commercial vehicle of less than twelve thousand
five hundred (12,500) pounds shall be permitted any residential lot, and
such commercial vehicle shall be parked a minimum of twenty (20) feet
from the front lot line. Such commercial vehicle shall be used in
association with the occupation of the resident.
(2) In no case shall a commercial vehicle used for hauling explosives,
gasoline or liquefied petroleum products or other hazardous materials be
permitted to be parked or stored either temporarily or permanently in any
residential zoning district.
Commercial construction equipment or trailers containing construction
equipment shall not be parked or stored on any residential lot except in
conjunction with properly permitted, ongoing construction occurring on
that lot.
(3)
(b) Recreational vehicles stored or parked on any residential lot shall be subject to
the following provisions:
(1) Not more than one (1) recreational vehicle, boat or boat trailer, or other
type of trailer shall be stored or parked on any residential lot which is five
thousand (5,000) square feet in lot area or less. Minimum lot area of ten
thousand (10,000) square feet is required for storage or parking of any
second recreational vehicle, boat or boat trailer, or other type of trailer.
(2) Recreational vehicles, boats or boat trailers, or other type of trailer shall
not be parked or stored closer than fifteen (15) feet from the front lot line
and shall be parked in a manner that is generally perpendicular to the
front property line such that length is not aligned in a manner that extends
across the front of the lot, it being the intent that recreational vehicles,
boats and trailers that are parked forward of the residence should not
excessively dominate the front of the lot.
Recreational vehicles, travel trailers or motor homes shall not be
inhabited or occupied, either temporarily or permanently, while parked or
stored in any area except in a trailer park designated for such use as
authorized within this chapter.
(4) Recreational vehicles parked or stored on any residential Lot for a period
exceeding twenty-four (24) hours shall be owned by the occupant of said
lot.
(3)
(c) A junked or abandoned vehicle, or one that is inoperable, as defined within this
Code, shall not be parked or stored in any zoning district. Further, mechanical or
other automotive repair work on any motor vehicle shall not be performed
out-of-doors within any residential zoning district, except for minor maintenance
or emergency repair lasting less than eight (8) hours and performed on a vehicle
owned by the occupant of the residential property.
(d) No materials, supplies, appliances or equipment used or designed for use in
commercial or industrial operations shall be stored in residential zoning districts,
nor shall any home appliances or interior home furnishings be stored outdoors in
any residential zoning district.
(e) The provisions of this section shall not apply to the storage or parking, on a
temporary basis, of vehicles, materials, equipment or appliances to be used for
or in connection with the construction of a building on the property, which has
been approved in accordance with the terms of this chapter or to commercial or
recreational vehicles parked within completely enclosed buildings.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-164. Swimming pools.
Swimming pools and ornamental pools shall be located, designed, operated, and
maintained so as to minimize interference with any adjoining residential properties, and shall be
subject to the following provisions:
(a) Lights: Lights used to illuminate any swimming pool or ornamental pool shall be
arranged so as not to directly illuminate adjoining properties.
(b) Setbacks: The following setbacks shall be maintained for any swimming pool, hot
tub, spa or ornamental pool:
(1) For swimming pools, hot tubs, spas, the front setback shall be the same
as required for a residence located on the parcel where the such is to be
constructed, provided, that in no case shall the pool to be located closer
to a front lot line than the principal building is located; except that a pool
may be located in either yard on a double frontage lot along the Atlantic
Ocean and provided that no pool on such lots is located closer than five
(5) feet from any lot line.
(2) For ornamental pools, the front setback shall be a minimum of five (5)
feet.
(3)
Minimum required side and rear yard setbacks shall be five (5) feet from
any lot line.
(c) Fences: All swimming pools and any ornamental pool with a depth greater than
two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four
(4) feet in height and designed in compliance with all applicable state and local
regulations.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-165. Service stations.
The following provisions shall apply to the location, design, construction, operation and
maintenance of service stations:
(a) Lot dimensions. A lot containing a service station shall be of adequate width and
depth to meet all setback requirements, but in no case shall a corner lot have
less than two (2) street frontages of at least one hundred fifty (150) feet each and
an area of at least twenty-two thousand five hundred (22,500) square feet, and
an interior lot shall have a street frontage of at least one hundred (100) feet and a
minimum area of fifteen thousand (15,000) square feet.
(b) Access to site. Vehicular entrances or exits for service stations shall:
(1) Not be provided with more than two (2) curb cuts for the first one hundred
(100) feet of street frontage or fraction thereof;
(2) Contain an access width along the curb line of the Street of not more than
forty (40) feet as measured parallel to the street at its narrowest point,
and not be located closer than one hundred (100) feet from a street
intersection along any arterial or collector street and/or closer than fifty
(50) feet from a street intersection on a local street or closer than ten (10)
feet from adjoining property;
(3)
Not have any two (2) driveways or curb cuts any closer than twenty (20)
feet at both the right-of-way line and the curb or edge of the pavement
along a single street.
(c) Location of pumps and structures. No principal 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.
(d) 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
zoning district; this provision shall not be construed to prohibit interior lighted
signs.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-166. Signs.
Signs shall be governed as set forth within chapter 17 of this Code, signs and
advertising structures.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-167. Required buffers between residential and nonresidential uses.
When new development, or a change of use is proposed in any nonresidential zoning
district that adjoins a lot in residential use, either to the side or to the rear, buffers as described
below shall be provided.
(a) Where nonresidential development is proposed adjacent to residential
development, there shall be a solid masonry wall, or wood fence, shrubbery or
landscaping as approved by the designated administrative official, along required
rear and required side yards. Such buffer shall be a minimum of five (5) feet in
height, except that within required front yards, such buffer shall be four (4) feet in
height. Required buffers shall be constructed and maintained along the entire
length of the adjoining lot line.
(b) Where landscaping is used as the required buffer, such landscaping shall provide
one hundred (100) percent opacity within twelve (12) months of installation.
(c) Where a wall or fence is used, such wall or fence shall be constructed on the
nonresidential property or the property line, and height of the wall or fence shall
be measured from the finished grade of the nonresidential property, whether
filled or not. However, in no case shall a wall exceed eight (8) feet in height as
measured from the lowest side. Buffer walls and fences as required by this
section may be constructed to a maximum height of eight (8) feet, subject to
approval of the designated administrative official upon demonstration that such
height is required to provide adequate buffering between uses.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-168. Land clearing, tree removal or damage to existing trees and vegetation.
The removal or damage of a trees and vegetation shall be governed by chapter 23,
article II. No lands shall be cleared or grubbed, and no vegetation on any development site
disturbed, prior to issuance of all required approvals and development permits authorizing such
clearing. Prior to the commencement of any clearing operations, erosion and sediment control
best management practices shall be installed and inspected by a public works erosion and
sediment control inspector.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-169, 24-170. Reserved.
Sec. 24-171 Commercial corridor development standards.
(a) Intent. The following additional standards and requirements shall apply to those
lands within all commercial zoning districts that are located along arterial street
corridors within the City of Atlantic Beach. The intent of these additional
requirements is to: Enhance the aesthetic and physical appearance of these
gateways into the city; enhance and retain property values; promote appropriate
redevelopment of blighted areas; and to create an environment that is visually
appealing and safe for pedestrians, bicycles and vehicular traffic.
(b) Delineation of commercial corridors. Within the City of Atlantic Beach,
commercial corridors shall be defined as the lands extending a depth of one
hundred (100) feet from the outer edges of the rights-of-way along Mayport Road
and Atlantic Boulevard, in those zoning districts designated as commercial
general (CG), commercial limited (CL) and commercial, professional office
(CPO).
(c) Building form and finish materials. The following general provisions shall apply to
all development in the commercial corridors.
(1) Roofs, which give the appearance of a flat roof from any street side of the
building, are prohibited. Roofs may be gabled, hipped, mansard or
otherwise designed so as to avoid the appearance of a flat roof from the
adjoining street.
(2) Open bay doors and other similar large doors providing access to work
areas and storage areas shall not open towards or face the commercial
corridors.
(3)
The exterior finish of new Buildings, and also exterior finish alterations
and additions to the front and any street side, or any side visible from
adjoining residential properties, of existing buildings shall be of brick,
wood, stucco, decorative masonry, exterior insulation and finish systems
(EIFS), architectural or split -faced type block, or other finish materials with
similar appearance and texture. Metal clad, corrugated metal, plywood or
oriented strand board (OSB), and exposed plain concrete block shall not
be permitted as exterior finish materials on the front and any street side of
a building.
(4) Blank exterior walls facing the commercial corridors, which are unrelieved
by doors, windows and architectural detail, shall not be permitted.
(5)
Burglar bars, steel gates, metal awnings and steel -roll down curtains are
prohibited on the exterior and interior of a structure when visible from any
public street. Existing structures which already have burglar bars, etc.,
shall be brought into compliance with these provisions within a
reasonable time after any change of ownership of the property, which
shall not be more than ninety (90) days.
Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except
that externally illuminated monument signs are encouraged.
Lighting. Exterior lighting shall be the minimum necessary to provide security and
safety. Direct lighting sources shall be shielded or recessed so that excessive
light does not illuminate adjacent properties or the sky.
Fences. The use of chain link, barbed wire, razor or concertina wire, and like
fencing shall be prohibited in any required front yard and in any required yard
adjoining a street.
Landscaping and required buffers. The requirements of division 8 of this chapter
shall apply, except that the following additional requirements shall also apply to
new development and to redevelopment that is subject to the requirements of
division 8. Required buffers and landscape materials shall be depicted on all
plans submitted for review.
(1) A ten -foot wide buffer shall be required along the entire parcel frontage of
the commercial corridors, except for driveways. This buffer shall consist
of trees as required by division 8 and shall also contain a continuous
curvilinear row of evergreen shrubs not less than two (2) feet in height at
installation. Buffers shall be kept free of debris and litter and shall be
maintained in a healthy condition.
(2) Along the front of the principal building, a six-foot wide area shall be
maintained between the building and the parking area or any walkway.
This area shall be use for landscaping.
Sod or ground cover shall be installed and maintained in a healthy
condition. Only organic mulch shall be used, and the excessive use of
mulch is discouraged.
(4) Because of the harsh environment of the commercial corridors, the use of
landscape materials that are drought and heat resistant is strongly
encouraged. Unhealthy or dead landscape materials, including sod and
ground covers shall be replaced within thirty (30) days of written
notification from the city to the property owner.
Stormwater retention or detention facilities may be placed within required
buffers, provided that required landscape materials are provided.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(3)
(5)
Sec. 24-172. Residential development standards.
(a) Purpose and intent. The purpose and intent of these new regulations is to
implement the goals, objectives and policies as set forth within the adopted 2015
Comprehensive Plan, restated in part below:
Goal A.1 The city shall manage growth and redevelopment in a manner, which results in a
pattern of land uses that: 1) encourages, creates and maintains a healthy and
aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves and
enhances coastal, environmental, natural, historic and cultural resources, and 4)
maintains the city's distinct residential community character.
Objective A.1.3 Maintaining residential character. The city shall encourage future development
and redevelopment, which: 1) retains the exceptionally high quality of life and the
predominantly residential character of the City of Atlantic Beach, and 2) provides for the
preservation and protection of the dense tree canopy.
Policy A.1.4.3 By December 31, 2005, the city shall consider amendments to its land
development regulations, which include provisions intended to retain the unique
community identity, the architectural character, and the residential scale of that area of
the city known as Old Atlantic Beach.
Policy A.1.4.4 Within Old Atlantic Beach, the city shall consider options to discourage the
redevelopment of residential lots in ways that are inconsistent and incompatible with the
historic and existing built environment.
The diversity of residential types is recognized as an asset to this community's unique
character. The purpose of these regulations is also to regulate the future use and development
of land in a manner that minimizes incompatible relationships within neighborhoods that may
result from new development, which because of excessive height, mass or bulk may result in
new development that excessively dominates established development patterns within
neighborhoods or excessively restricts light, air, breezes or privacy on adjacent properties.
The further intent of these regulations is to appropriately limit height and bulk and mass
of residential structures in accordance with the expressed intent of the citizens of Atlantic
Beach, and also to support and implement the recitals of Ordinance 90-06-195 and as more
specifically enumerated below:
(1) To ensure that buildings are compatible in mass and scale with those of buildings
seen traditionally within the residential neighborhoods of Atlantic Beach.
(2) To maintain the traditional scale of buildings as seen along the street.
(3) To minimize negative visual impacts of larger new or remodeled buildings upon
adjacent properties.
(4) To promote access to light and air from adjacent properties.
(5) To preserve and enhance the existing mature tree canopy, particularly within
front yards.
(b) Applicability. The development standards and provisions set forth within this
section shall apply to development of single -family and two-family dwellings
within that area of the city depicted by attachment a and generally referred to as
Old Atlantic Beach, which for the purposes of this section shall be bounded by:
Ahern Street and Sturdivant Avenue, between the beach and Seminole Road on the south;
Seminole Road, extending north to 11th Street on the west;
11th Street extending east to East Coast Drive, and also including Lots 2, 4, 6, 8, 10, 12, 14, 16,
18, 20, 22, 24, 26, 28, 30 and 32 within Block 14 located on the north side of 11th Street and
west of East Coast Drive; and
East Coast Drive extending north to its terminus, then along Seminole Road to 16th Street, and
16th street extending east to the beach, with the beach being the eastern boundary of this area.
Development, as used within this section, shall also include total redevelopment of lots
and certain renovations and additions to single-family and two-family dwellings as set forth
herein.
(c) Additional residential development standards. The following standards and
requirements shall apply to that area defined in preceding subsection (b), and as
further and more specifically described for each particular standard or
requirement:
(1) Side wall planes. To avoid stark, exterior side walls from facing the sides
of adjacent residences, particularly on two-story and three-story
residences, the following standards shall apply to new two-story and
three-story single-family and two-family dwellings; to renovations
involving structural alterations or additions to the sides of existing
single-family and two-family dwellings, and where a second or third -story
is added to an existing single-family and two-family dwelling.
a. Second and third -story exterior side walls, which exceed thirty-five
(35) feet in length, shall provide horizontal offsets of at least four
(4) feet, or architectural details, design elements or other features,
which serve to break-up the appearance of the side wall, such that
adjacent properties are not faced on the side by blank two -[story]
or three-story walls void of any architectural design other than
siding material or windows.
b. Such design features may also include balconies, bay windows
and other types of projecting windows or architectural details
provided that these shall not extend more than twenty-four (24)
inches into the required side yard, and that a minimum separation
of ten (10) feet is maintained between such extensions into the
required side yard and any other existing adjacent residential
buildings.
(2) Height to wall plate. For single-family and two-family dwellings, the
maximum height to the top horizontal framing member of a wall from the
first floor finished floor elevation shall not exceed twenty-two (22) feet.
(3) Third floor footprint. In order to reduce the mass of taller single-family and
two-family dwellings, the interior footprint of any third floor area shall not
exceed fifty (50) percent of the size of the second floor interior footprint.
(4) Shade trees. In order to sustain the city's existing tree canopy and to
provide shade along the city's residential streets and sidewalks, one (1)
shade tree shall be provided within the required front yard and an
additional shade tree shall be required on the lot in a location at the
property owner's discretion in accordance with the following provisions:
a. This requirement shall apply to the construction of new
single-family and two-family dwellings and to structural alterations
of any single-family and two-family dwelling. Such required trees
shall be installed prior to issuance of a certificate of occupancy or
prior to final inspections, as applicable. (The requirements of
chapter 23 of this Code shall also apply.)
b. Required shade trees shall have a minimum size of four -inch
caliper at the time of installation. A list of recommended tree
species is available from the city.
c. Credit shall be provided for the following, and additional front yard
shade trees shall not be required in such cases:
1. Where healthy canopy trees exist in the required front
yard, which are listed on the recommended tree list and
are at least four -inch caliper; or
2. Where oak trees exist in the required front yard, which are
at least six (6) feet tall; or
3. Where healthy street trees exist in the adjacent
right-of-way, which are listed on the city's recommended
tree list and are at least four -inch caliper. Where
installation of a front yard shade tree is required, such tree
shall not be planted within rights-of-way or over
underground utilities.
d. Similarly, credit shall be given for the second required shade tree
where such tree, as described above, exists elsewhere on the lot.
(d) Special treatment of lawfully existing single-family and two-family dwellings,
which would otherwise be made nonconforming by enactment of section 24-172,
establishing these residential development standards. Any lawfully existing
single-family or two-family dwelling, which has been constructed pursuant to
properly issued building permits prior to the effective date of these residential
development standards, adopted on September 11, 2006 by Ordinance Number
90-06-195, shall be deemed a vested development, and any such single-family
or two-family dwelling shall be considered a lawful permitted structure within the
lot or parcel containing the vested development, and shall not be considered as a
nonconforming structure with respect to the regulations contained within this
section.
It is further the intent of this section to clarify when these residential development
standards shall apply in the case of reconstruction or redevelopment following:
(1) A natural act such as a hurricane, wind, flood or fire; or
(2) Redevelopment initiated by a property owner or authorized agent for a property
owner.
The following provisions shall be limited only to those characteristics, which would otherwise be
made nonconforming from the requirements of this section, which provides residential
development standards. The provisions of section 24-85 shall otherwise apply to nonconforming
lots, uses and structures.
a. Structures damaged or destroyed by natural acts or by any means not resulting
from the actions of the property owner. Any lawfully existing single-family or
two-family dwelling, which has been constructed pursuant to properly issued
building permits prior to the effective date of these residential development
standards, adopted on September 11, 2006 by Ordinance Number 90-06-195,
shall be deemed a vested development, and any single-family or two-family
dwelling shall be considered a lawful permitted structure within the lot or parcel
containing the vested development. Furthermore, an existing single-family or
two-family dwelling for that particular structure, shall not be considered as a
nonconforming structure such that it may be fully replaceable in its existing
footprint and of the same size and architectural design, subject to all applicable
building codes and other land development regulations controlling development
and redevelopment of such lots or parcels. Any construction that exceeds the
existing footprint shall be in compliance with all applicable provisions of this
chapter including minimum yard requirements.
b. Structures damaged, destroyed or demolished or expanded, by any means
resulting from the actions of the property owner or authorized agent for a
property owner. Single-family or two-family dwellings, which are rebuilt or
renovated, or expanded by more than twenty-five (25) percent in floor area, shall
be subject to applicable provisions of these residential development standards
for that portion of the structure that is rebuilt, renovated or expanded.
(e) Requests to vary from the provisions of the residential development standards.
Recognizing that there may be alternative means by which to achieve the
purpose and intent of this section, an applicant may request a variance to
provisions of this section in accordance with the procedures as set forth within
section 24-64 of this chapter, except that the following shall be considered as
grounds to approve such requests. (Subsections (c) and (d) of section 24-64
shall not be applicable to such requests.)
Requests to vary from the provisions of the Residential Development Standards may be
granted, at the discretion of the Community Development Board, upon finding that:
a. The proposed development will not result in excessive height, mass or bulk that
will excessively dominate the established development pattern within the
neighborhood or excessively restricts light, air, breezes or privacy on adjacent
properties.
b. The proposed development will be compatible and consistent with the diversity of
architectural styles and building forms found in Old Atlantic Beach.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-173. Neighborhood preservation and property maintenance standards.
(a) Purpose and intent. The City of Atlantic Beach is composed predominantly of
older residential subdivisions and neighborhood scale commercial businesses
serving these neighborhoods. It is in the public interest of the city to foster
diverse and stable neighborhoods and to implement strategies in support of
related objectives and policies as expressed within the city's adopted
comprehensive plan. The purpose and intent of these regulations is to provide
minimum standards for the acceptable conditions of properties and structures
within the city and to assist in the implementation of the International Property
Maintenance Code, which is adopted as article VIII within chapter 6 of this
Municipal Code of Ordinances.
(b) Appropriate maintenance and upkeep. All areas of a lot and structures that are
visible from a street or a neighboring property shall be maintained in an
acceptable manner, which shall be defined by the following characteristics:
(1) Lots are maintained free of litter, trash, debris, discarded belongings,
automotive parts and old tires, construction materials, and broken and
abandoned items.
(2) Dead shrubbery or landscaping is removed from lots, and where a
resident is unable to maintain a lawn or landscaping, dirt or sand areas
are contained in some manner so as to prevent dirt or sand from blowing
or washing on to adjacent properties, the street or the city's stormwater
system.
Broken or missing glass in windows or doors is replaced with glass, and
where windows or doors are visible from the street, these are not covered
with wood, fiberglass, metal, cardboard, newspaper or other similar
materials, except for a temporary time period as needed to make proper
repairs or to protect windows from wind-borne debris during a storm.
(4) Trim work, eaves, soffits, gutters, shutters, and decorative features are
not broken and are securely attached as intended.
Household items of any type that are customarily intended to be used and
maintained within the interior of a residence are not stored or discarded in
any location on a lot that is visible from a street. Similarly, within the rear
or side yards of a lot, such items are not stored in a manner or amount
such that an unsightly nuisance to neighboring properties or an
environment that attracts rodents, insects, or other animals and pests is
created.
(3)
(5)
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-174. Boats and watercraft.
For the purposes of this section, the term "watercraft" shall include every type of boat or
vessel or craft intended to be used or capable of being used or operated, for any purpose, on
waters within the City of Atlantic Beach. These provisions shall apply to all waters over which
the city has jurisdictional authority and shall not be construed to apply to waters under the
sovereign control of the State of Florida, except as similarly addressed in state law.
(a) Intent. The purpose and intent of this section is stated as follows:
(1) To protect water quality and environmentally sensitive areas within and
adjacent to the City of Atlantic Beach;
(2) To protect vegetative communities, wildlife habitats and the natural
functions of fisheries, wetlands and estuarine marshes;
To protect the rights of the public to use waterways for navigation and
recreation including the temporary or overnight anchoring of boats; and
(4) To prohibit the permanent mooring and storage of privately owned
watercraft within tributaries and deepwater channels adjoining the
intracoastal waterway in that such activity has the potential to create
(3)
obstacles to safe navigation and to interfere with rights of navigation and
recreational use and also to create hazards to persons and property
where such watercraft may not be attended or secured during storm or
hurricane events.
(b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be
discharged, from any watercraft or dock any sewage, refuse, garbage, fuel or
other contaminants or any waste material into waters within the City of Atlantic
Beach.
(c) Damage to or destruction of environmentally sensitive areas. It shall be unlawful
for any person to operate, dock, moor or anchor any watercraft in a manner that
causes damage or adverse impacts to any marine or water resource, wildlife
habitat or other environmentally sensitive areas as defined within this chapter
and as set forth within the conservation and coastal management element of the
comprehensive plan.
(d) Public docks and anchoring and mooring restrictions.
(1) Within the waters of Tideviews Preserve and Dutton Island Preserve
docking or anchoring shall be restricted to nonmotorized boats and
watercraft or to those equipped only with electric trolling motors.
(2) Within the waters of the River Branch Preserve, no watercraft or floating
structure shall be permanently anchored or moored, or tethered to the
shore in any manner, it being the express intent of the city that these
natural resources of the city be held in the public trust and not used for
permanent mooring or storage of privately owned watercraft. Nontrailered
watercraft that are observed and documented to be within the waters of
the River Branch Preserve for periods of longer than one (1) week, or for
which the registered owner can provide no proof of where the watercraft
is elsewhere kept, shall be presumed to be permanently kept in the
preserve and shall be in violation of this Code and subject to established
code enforcement action or other remedies available under applicable
law.
(3)
No permanent mooring device shall be placed within any waters east of
the right-of-way of the intracoastal waterway as delineated by the United
States Army Corps of Engineers or within any of it connected creeks or
tributaries.
(e) Live -aboard vessels prohibited. Live -aboard vessels shall be prohibited within all
waters under the jurisdictional authority of the City of Atlantic Beach. Live -aboard
vessel shall mean:
(1) Any vessel used solely as a residence and not for navigation; or
(2) Any vessel represented as a place of business, a professional or other
commercial enterprise; or
Any vessel for which a declaration of domicile as a legal residence has
been filed pursuant to Section 327.02.222.17, Florida Statutes.
A commercial fishing boat is expressly excluded from the term live -aboard vessel, and this
prohibition shall not be construed to include watercraft or cruising vessels that are engaged in
(3)
recreational activities or navigation and traveling along the intracoastal waterway from
anchoring temporarily or overnight.
(f)
Private property rights. These provisions shall not be construed or enforced to
diminish any lawfully established riparian rights or rights of navigation, access or
view entitled to private property owners.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-175. Reserved.
DIVISION 8. LANDSCAPING
Sec. 24-176. Definitions.
Sec. 24-177. Applicability; requirements; buffer design standards; maintenance; protection
and visibility.
Sec. 24-176. Definitions.
For the purposes of this division, the following terms shall have the meanings as set
forth within this section. Where applicable and appropriate to the context, definitions as set forth
within chapter 23 of this Code, vegetation, shall be used in conjunction with these terms and the
requirements of this chapter.
Buffer shall mean the required treatment of areas between different classifications of
uses or incompatible uses. Buffers may incorporate the combinations of landscaping, open
space or fences.
Ground cover means a low -growing herbaceous or woody plant other than turf, not over
two (2) feet high, intended to cover the ground.
Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.
Irrigation system means a permanent, artificial watering system designed to transport
and distribute water to plants and includes required back flow prevention devices.
Landscaping means any combination of living plants, native or installed, including grass,
ground covers, shrubs, vines, hedges, or trees. Landscaping may also include landscape
elements such as rocks, pebbles, sand, mulch, walls, or fences, trellises, arbors, pergolas or
fountains provided no such landscape element has a solid roof.
Mulch means organic materials customarily used in landscape design to retard erosion
and retain moisture.
Perimeter landscape means a continuous area of land which is required to be installed
along the perimeter of a lot in which landscaping is used to provide a transition between uses
and reduce adverse environmental, aesthetic, and other negative impacts between uses.
Shrub means a self-supporting woody perennial plant characterized by multiple stems
and branches continuous from the base naturally growing to a mature height between two (2)
and twelve (12) feet.
Vehicular use area (VUA) means those areas of a site to be used for off-street parking,
employee parking, service drives, loading zones and access drives within property located in
commercial and industrial zoning districts.
Xeriscape means water conserving landscape design utilizing native or drought tolerant
vegetation and water efficient irrigation systems.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-177. Applicability; requirements; buffer design standards; maintenance;
protection and visibility.
(a) Applicability. The provisions of this section shall apply to all new nonresidential
development and multi -family development, including property in government
use. The provisions of this section shall also apply when the total cost of
alteration, expansion or renovation of existing such development is equal to or
exceeds twenty-five (25) percent of the current assessed value of the parcel
improvements, or when the total square footage of a structure is expanded by
more than twenty-five (25) percent as well as when any cumulative expansions
total more than twenty-five (25) percent. Construction costs shall be determined
in accordance with the building evaluation data sheet as established by the
Standard Building Code Council International.
(b) Landscape plan required.
(1) Prior to the issuance of any development permit for nonresidential
development and multi -family development, a landscape plan shall be
approved by the community development director. For development sites
greater than two (2) acres in size, a landscape plan shall be submitted
with preliminary site plans as required by subsection 24-167(c). The
landscape plan shall be prepared by either the owner or a licensed,
registered Landscape architect, bearing his seal, or shall be otherwise
prepared by persons authorized to prepare landscape plans or drawings
pursuant to Chapter 481, Part II, Florida Statutes (landscape
architecture).
(2) The required landscape plan shall be drawn to scale, including
dimensions and distances, and shall:
a. Delineate the vehicular use areas, access aisles, driveways, and
similar features;
b. Indicate the location of sprinklers or water outlets and back flow
prevention devices;
c. Designate by name and location the plant material to be installed
or preserved in accordance with the requirements of this part. The
use of xeriscape landscape materials and methods is strongly
encouraged;
d. Identify and describe the location and characteristics of all other
landscape materials to be used;
e. Show all landscape features, including areas of vegetation
required to be preserved by law, in context with the location and
outline of existing and proposed buildings and other improvements
upon the site, if any;
f Include a tabulation clearly displaying the relevant statistical
information necessary for the director to evaluate compliance with
the provisions of this part. This includes gross acreage, square
footage of preservation areas, number of trees to be planted or
preserved, square footage of paved areas, and such other
information as the director may require; and
Indicate all overhead and underground utilities located on the
property and in the right-of-way adjacent to the property to which
the landscape plan applies. This shall include overhead and
underground electric service lines to all proposed buildings.
(c) Vehicular use area interior landscaping requirements.
(1) Vehicular use areas open to the public. Ten (10) percent of vehicular use
areas (VUAs) used for off-street parking, employee parking, auto service
stations, service drives, and access drives within property located within
commercial and industrial zoning districts shall be landscaped.
(2) Specialized vehicular use areas closed to the public. Five (5) percent of
VUAs used for storage areas for new, used or rental vehicles and boats;
motor vehicle service facilities; motor freight terminals; and other
transportation, warehousing and truck operations not generally open to
the public shall be landscaped.
Criteria for distribution. Landscape areas shall be distributed throughout
the VUA in such a manner as to provide visual relief from broad expanses
of pavement and at strategic points to channel and define vehicular and
pedestrian circulation. Landscape areas shall contain the following:
a. At least twenty-five (25) percent of the Landscape areas shall be
covered with shrubs; the remainder in shrubs, groundcover, mulch
or grass. Shrubs shall be spaced on three-foot spacing.
b. Not less than one (1) tree for every four thousand (4,000) square
feet of the VUA.
g.
(3)
(4) Each row of parking spaces shall be terminated by a landscape island
with inside dimensions of not less than five (5) feet wide and seventeen
(17) feet long, or thirty-five (35) feet long if a double row of parking. Each
terminal island shall contain one (1) tree. Each side of the terminal island
adjacent to a travel lane shall have a continuous six-inch high curb of
concrete or other appropriate permanent material. The use of depressed
rain gardens or bioswales in parking lot landscaping is strongly
encouraged. Curb stops, rather than continuous curb, may be used to
allow runoff to flow to the landscaped area.
If it can be shown to the satisfaction of the community development
director that the strict application of this section will seriously limit the use
of the property, the community development director may approve the
location of the required interior landscape area near the perimeter of the
(5)
VUA or adjacent to the building on the property, so long as the landscape
area is within twenty (20) feet of the perimeter of the VUA.
(d) Perimeter landscaping requirements.
(1) Street frontage landscaping. All VUA that are not entirely screened by an
intervening building from any abutting dedicated public street or approved
private street, to the extent such areas are not so screened, shall contain
the following:
a. A landscape area of not less than ten (10) square feet for each
linear foot of VUA street frontage, fifty (50) percent of which shall
be at least a five -foot -wide strip abutting the street right-of-way
except for driveways. The remaining required landscape area
shall be located within twenty-five (25) feet of the street
rig ht -of -way.
b. A durable opaque landscape screen along at least seventy-five
(75) percent of the street frontage, excluding driveways. Shrubs,
walls, fences, earth mounds and preserved existing under -story
vegetation, or combination thereof, may be used so long as the
screen is no less than three (3) feet high measured from the
property line grade. Walls or fences shall be no more than four (4)
feet in height and of wood or masonry at least eighty-five (85)
percent opaque. Earth mounds shall not exceed a slope of three
(3) to one (1). No less than twenty-five (25) percent of street side
frontage of walls or fences shall be landscaped with shrubs or
vines.
c. No less than one (1) tree, located within twenty-five (25) feet of
the street right-of-way, for each fifty (50) linear feet, or fraction
thereof, of VUA street frontage. The trees may be clustered, but
shall be no more than seventy-five (75) feet apart. If an overhead
power line abuts the street frontage, then the required trees
reaching a mature height greater than twenty-five (25) feet shall
be located at least fifteen (15) [feet] away from the power line.
d. The remainder of the landscape area shall be landscaped with
trees, shrubs, ground covers, grass, or mulch.
e. Landscape areas required by this section shall not be used to
satisfy the interior landscape requirements; however, the gross
area of the perimeter landscaping which exceeds the minimum
requirements may be used to satisfy the interior landscape
requirements.
f. If a utility right-of-way separates the VUA from the public street or
approved private street, the perimeter landscaping requirements
of this section shall still apply.
(2) Perimeter landscaping adjacent to lot lines. All vehicular use areas that
are not entirely screened by an intervening building from an abutting
property, to the extent such areas are not screened, shall contain the
following:
(3)
a. A continuous landscape area at least five (5) feet wide between
the VUAs and the abutting property, landscaped with shrubs,
ground covers, preserved existing vegetation, mulch and grass.
b. No less than one (1) tree, located within twenty-five (25) feet of
the outside edge of the VUA, for every fifty (50) linear feet, or
fraction thereof, of the distance the VUA abuts the adjacent
property. Trees may be clustered, but shall be no more than
seventy-five (75) feet apart.
c. A buffer wall between incompatible land uses as required by
subsection (g), if applicable.
d. If an alley separates the VUA from the abutting property, the
perimeter landscaping requirements shall still apply.
Existing landscape screen. If an existing landscape screen has been
established on abutting property, then it may be used to satisfy the
requirements of this section, so long as the existing landscape screen is
abutting the common lot line, and it meets all applicable standards of this
section.
(4) Driveways to streets. The maximum width of any driveway not containing
a landscaped island through the perimeter landscape area shall be
thirty-six (36) feet. The maximum width of any driveway containing a
landscaped island through the perimeter landscape area shall be
forty-eight (48) feet and the driveway shall contain a landscaped island
which measures not less than eight (8) feet in width (from back of curb to
back of curb), surrounded by a six-inch continuous raised curb, or other
alternative approved by the director. In no event shall more than fifty (50)
percent of any street frontage be paved, nor shall the provisions of this
section be applied to reduce the permitted driveway width to less than
twenty-four (24) feet.
Driveways to adjoining lots. Driveways may be permitted by the
community development director to adjoining lots of compatible use.
(6) If a joint driveway easement is provided between adjacent property, then
the required perimeter landscaping for each property shall be provided
between the drive and any other vehicular use areas.
If it can be shown to the satisfaction of the community development
director that the strict application of this section will seriously limit the use
of the property, the community development director may approve the
location of the required interior landscape area.
(e) Buffers required between incompatible or different use classifications.
(1) Where incompatible or different Use classifications are adjacent, without
an intervening street, a buffer strip shall be required between such uses.
Such buffer strip shall be at least ten (10) feet in width the entire length of
all such common lot lines and shall be required in the following
circumstances:
(5)
(7)
a. Multiple -family dwelling use or zoning districts, three (3) or more
attached units when adjacent to single-family dwelling(s) or lands
zoned for single-family dwelling.
b. Office use or zoning districts, when adjacent to single-family or
multiple -family dwellings, mobile home parks or subdivisions or
lands zoned for single-family or multiple -family dwellings, mobile
home parks or subdivisions.
c. Mobile home park use or zoning districts, when adjacent to
single-family dwellings, multiple -family dwellings and office uses,
or lands zoned for single-family dwellings, multiple -family
dwellings or offices.
d. Commercial and institutional uses or zoning districts, when
adjacent to single-family dwellings, multi -family dwellings or
mobile home parks or mobile home subdivision uses or lands
zoned for single-family dwellings, multi -family dwellings or mobile
home parks or mobile home subdivisions.
e. Industrial uses or zoning districts, when adjacent to any
nonindustrial uses or zoning districts other than agricultural land
uses or zoning districts.
(2) Required buffers shall at a minimum contain the following landscape
materials:
a. Trees. The total tree count required within the buffer strip shall be
one (1) tree for each twenty-five (25) linear feet of required buffer
strip, or majority portion thereof.
b. Ground cover. Grass or other ground cover shall be planted on all
areas of the buffer strip.
c. Visual screen. A visual screen running the entire length of
common boiundaries shall be installed within the buffer strip,
except at permitted access ways. The visual screen may be a
wood or masonry wall, landscaping, earth mounds or combination
thereof. Earth mounds shall not exceed a slope of three (3) to one
(1). If a visual screen which satisfies all applicable standards
exists on adjacent property abutting the property line or exists
between the proposed development on the site and the common
property line, then it may be used to satisfy the visual screen
requirements.
d. Prevailing requirement. Whenever parcels are subject to both the
perimeter landscaping requirements and buffer strip requirements
of the article, the latter requirements shall prevail.
e. Hardship. If the community development director determines that
the construction of a landscape buffer area required by this
section shall create an unreasonable hardship, the director may
approve a buffer area with a width no less than five (5) feet,
provided such buffer area meets the visual screening
requirements of this section.
(f)
(g)
(3)
The required buffer strip shall not be used for principal or accessory uses
and structures, vehicular use areas, dumpster pads, signs, equipment, or
storage.
Landscape design standards.
(1) Minimum tree requirements shall comply with subsection 23-17(c).
(2) A minimum of fifty (50) percent of all required trees shall be shade trees.
(3) Trees required for vehicular use area landscaping may be used to fulfill
the tree requirements of this section.
(4) Standards for landscape materials.
a. Plants and trees shall meet the criteria of chapter 23, subsection
23-17(e)(2)a.
b. Fifty (50) percent of the trees may be nonshade trees or trees with
a mature canopy of fifteen (15) feet, a minimum of two-inch caliper
and a minimum of ten (10) feet overall height. Trees shall not be
planted closer than two (2) feet from any pavement edge or
right-of-way line, as measured from center of trunk. Shade trees
shall not be planted closer than four (4) feet from any pavement
edge or right-of-way line, as measured from center of trunk.
c. Palms may be substituted for the required trees at the ratio of two
(2) palms for each required tree or four (4) palms for each
required shade tree. Palms shall be a minimum clear trunk height
of eight (8) feet, measured from the ground level to the base of the
palm.
d. Criteria for shrubs, vines and ground covers. Hedges and shrubs
used to form an opaque screen shall be no less than a
three -gallon container [of] grown material or equivalent balled and
burlap material.
e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded,
except that solid sod shall be used on grass areas within street
rights-of-way disturbed by construction, in swales, on slopes of
four (4) to one (1) or greater, and on other areas subject to
erosion. When permanent seed is sown during its dormant
season, an annual winter grass shall also be sown for immediate
effect and protection until permanent coverage is achieved.
f. Mulch. A minimum two-inch layer of organic mulch, such as wood
bark, dead leaves and pine straw, shall be applied and maintained
in all tree, shrub, and ground cover planting areas and bare
preserved natural areas.
General cleanup. At the completion of work, construction trash
and debris shall be removed and disturbed areas shall be
fine -graded and landscaped with shrubs, ground cover, grass or
two (2) inches of mulch.
Maintenance and protection of landscaping.
g.
(1) Maintenance. The property owner shall be responsible for the
maintenance of all landscaped areas, which shall be maintained in good
condition so as to present a healthy, neat and orderly appearance, free of
refuse, debris and weeds. Failure to maintain required landscape areas or
to replace within thirty (30) days all required landscaping which is dead,
irreparably damaged, or fails to meet the standards of this section, shall
be deemed a violation of these land development regulations and subject
to code enforcement procedures.
(2) Irrigation. Landscaped areas shall be provided with an automatic irrigation
system. Irrigation systems shall include moisture or rain sensors.
Tree pruning. Required trees shall be allowed to develop into their natural
habit of growth. Trees may be pruned to maintain health and vigor by
removal of dead, weak, damaged or crowded limbs, diseased and
insect -infested limbs, and branches which rub other branches.
(h) Intersection visibility. Where an access way intersects with another access way
within a vehicular use area, or where an access way is located within a vehicular
use area, or where an access way intersects with a street right-of-way, cross
visibility within the sight triangle, as defined in this chapter shall be unobstructed
at a level between two (2) and eight (8) feet, above elevation of adjacent
pavement.
(3)
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
DIVISION 9. FLORIDA -FRIENDLY LANDSCAPING AND LANDSCAPE IRRIGATION
Sec. 24-178. Purpose and intent.
Sec. 24-179. Florida -friendly landscaping defined.
Sec. 24-180. Definitions.
Sec. 24-181. [General provisions.]
Sec. 24-178. Purpose and intent.
The Florida Legislature finds that the use of Florida -friendly landscaping and other water
conservation and pollution prevention measures intended to conserve or protect the state's
water resources serve a compelling public interest and that the participation of homeowners'
associations and local governments is essential to the state's efforts in water conservation and
water quality protection and restoration, and that Florida -friendly landscaping designs offer
significant potential for water conservation benefits. It is the intent of the Florida Legislature to
improve landscape irrigation water use efficiency by ensuring that landscape irrigation systems
meet or exceed minimum design criteria by requiring local governments to implement
regulations to that end.
(Ord. No. 90-10-213, § 1(Exh. A), 10-25-10)
Sec. 24-179. Florida -friendly landscaping defined.
Florida -friendly landscaping means quality landscapes that conserve water, protect the
environment, are adaptable to local conditions, and are drought tolerant. The principles of such
landscaping include planting the right plant in the right place, efficient watering, appropriate
fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling
yard waste, reduction of stormwater runoff, and waterfront protection. Additional components
include practices such as landscape planning and design, soil analysis, the appropriate use of
solid waste compost, minimizing the use of irrigation, and proper maintenance.
(Ord. No. 90-10-213, § 1(Exh. A), 10-25-10)
Sec. 24-180. Definitions.
The following definitions are to be used in addition to and in conjunction with those
contained in sections 24-17 and 24-176 of this chapter and also chapter 23, protection of trees
and native vegetation, of [the] City Code.
Automatic irrigation system shall mean an artificial watering system with a
programmable controller or timing mechanism designed to automatically transport and deliver
water to plants.
Emitter shall mean the sprinkler head or other device that discharges water from an
irrigation system.
High volume irrigation shall mean an irrigation system that does not limit the delivery of
water directly to the root zone and which has a minimum flow rate per emitter of thirty (30)
gallons per hour (gph) or one-half (.5) gallons per minute (gpm) or greater.
High water use hydrozones contain plants that require supplemental watering on a
regular basis throughout the year including turf and lawn grasses.
Hydrozone shall mean an irrigation watering zone in which plant materials with similar
water needs are grouped together.
Hydrozone plan shall mean a graphical depiction of the low, moderate and high water
use irrigation zones on a lot or parcel and a general reference to the types of plants intended to
be placed in each zone.
Irrigation zone shall mean the grouping together of any type of watering emitter and
irrigation equipment operated simultaneously by the control of a timer and a single valve.
Landscaped area as used in this division shall mean the vegetated area of a lot or parcel
including planted and natural areas.
Low volume or micro irrigation shall mean an irrigation system designed to limit the
delivery of water within the root zone. Examples include drip, micro, trickle and soaker systems.
Native vegetation shall mean any plant species with a geographic distribution indigenous
to all or part of the State of Florida as identified in: Wunderlin, R.P.1998, Guide to the Vascular
Plants of Florida. University Press of Florida, Gainsville.
(Ord. No. 90-10-213, § 1(Exh. A), 10-25-10)
Sec. 24-181. [General provisions.]
(a) Applicability. Where an automatic irrigation system is required by this Code or
installed at the option of the property owner, the provisions of this section shall
apply to the following. (the term lot(s) and parcel(s) may be used
interchangeably.)
(1) Previously undeveloped lots and the common landscaped areas of new
subdivisions; or
(2) Where new irrigation systems are installed on previously developed lots;
or
(3)
When more than fifty (50) percent of the irrigation system on a lot is
replaced. Fifty (50) percent shall be construed to mean more than half the
length of lateral irrigation lines or more than half of the emitters.
Except as set forth above, these provisions shall not be construed to require changes to
permitted or properly installed existing irrigation systems or to landscaping existing as of the
effective date of this division. These provisions shall also not apply to bonafide agricultural,
greenhouse or nursery activities or to golf courses or athletic fields.
(b) Appropriate plant selection, location and arrangement.
(1) Plant selection. Plants used for Florida -friendly lawns and landscaping
should be based upon the plant's compatibility with existing conditions of
the site including soil type, moisture and light conditions and size at
maturity. Consideration should be given to drought and freeze tolerance
plants, and where site conditions are suitable, preference in trees should
be given to native vegetation and hardwoods that create shade.
Appropriate plants are described within the Florida -friendly Plant List
published by the University of Florida, Extension Institute of Food and
Agricultural Sciences (IFAS) or as may be found in other qualified
sources of horticultural information.
(2) Location and arrangement. A key component to saving water and
promoting plant health is to group plants in hydrozones according to their
water needs. Factors such as soil, climate, sunlight and salt tolerance
should also guide the grouping and selection of plants. Low, moderate
and high water use hydrozones are described by the following
characteristics:
a. Low water use hydrozones contain plants that rarely require
supplemental watering and that are drought tolerant during
extreme dry periods such as native shrubs and vegetation,
established trees and ground covers and wooded areas.
b. Moderate water use hydrozones contain plants that once
established require irrigation every two to three weeks in the
absence of rainfall or when they show visible stress such as wilted
foliage or pale color. These are typically perennials, seasonal
plants and flower beds.
c. High water use hydrozones contain plants that require
supplemental watering on a regular basis throughout the year.
These areas include turf and lawn grasses and are typically
characterized as high visibility focal points of a landscaping design
where high volume irrigation is used.
(3)
Turf and lawn grasses. Irrigated grass and turf areas shall be considered
as high water use hydrozones, and shall be located so that they can be
watered using separate irrigation zones. These areas should be
consolidated to locations where the functional need calls for lawn and
where site conditions are conducive to the health and maintenance of
grasses rather than considered as just a fill-in area. For example, despite
all efforts, lawn grasses will rarely grow to be healthy and lush under the
heavy shade of a dense tree canopy which is emblematic of Atlantic
Beach, while ferns, certain ground covers and low -growing native plants
flourish with little attention.
(4) Irrigation system design. Automatic irrigation systems shall be designed
to meet the requirements of Appendix F of the Florida Plumbing Code, as
adopted by chapter 6, article IV of City Code and also the requirements of
section 22-39 of City Code. The following shall also be incorporated into
the automatic irrigation system design:
a. High water use hydrozones shall be located on a separate
irrigation zone.
b. High volume irrigation is limited to sixty (60) percent of the total
landscaped area of the lot. For lawns and turf areas that exceed
sixty (60) percent of the total landscaped area of the lot, low
volume irrigation may be used as needed.
c. At least one (1) moisture sensor shall be located in each irrigation
zone.
d. Emitters shall be sized and spaced to avoid excessive overspray
on to impervious surfaces.
(c) Hydrozone plans. Where an automatic irrigation system is installed and an
irrigation system permit is required, a hydrozone plan shall be submitted in
accordance with the following. Hydrozone plans can be prepared by a properly
licensed and qualified contractor or by the property owner.
(1) For new single-family or two-family dwellings, or for previously developed
lots installing a new or modified irrigation system per preceding paragraph
(a)(3), the hyrdozone plan may be depicted on a survey or on a site plan
prepared by the owner or the owner's agent indicating area(s) to be
irrigated, location and specifications of particular low, moderate and high
water use areas on the plan with the percentage of the landscaped area
using high volume irrigation indicated.
Recognizing that homeowners often install their own irrigation systems, a survey accurate
hydrozone plan shall not be required in such cases, but the hydrozone plan should generally
depict all hydrozones, as described in preceding paragraph (b)(2). At a minimum, high water
use areas using high volume irrigation must be on a separate irrigation zone.
(2) All other development, except as described by the preceding paragraph,
shall provide a landscape plan as required by section 24-177. Hydrozone
details may be shown on the landscape plan or on a separate sheet
drawn at the same scale as the landscape plan. In addition to the
landscape plan requirements of section 24-177, the hydozone plan shall
delineate landscape areas, major landscape features, and plant
(3)
selections and low, medium and high water Hydrozones consistent with
preceding paragraph (b).
Prior to receiving final landscape plan approval, final inspection or
certificate of occupancy as may be applicable, written verification must be
provided by a properly licensed qualified contractor, or the property
owner, verifying that all irrigated areas are consistent with this division.
(Ord. No. 90-10-213, § 1(Exh. A), 10-25-10)
DIVISION 10. FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN
LANDSCAPES
Sec. 24-182. [Florida -friendly use of fertilizer on urban landscapes.]
Secs. 24-183-24-185. Reserved.
Sec. 24-182. [Florida -friendly use of fertilizer on urban landscapes.]
(a) Findings. As a result of impairment to the City of Atlantic Beach's surface waters
caused by excessive nutrients, or, as a result of increasing levels of nitrogen in
the surface water within the boundaries of the City of Atlantic Beach, the
governing body of the City of Atlantic Beach has determined that the use of
fertilizers on lands within the City of Atlantic Beach creates a risk to contributing
to adverse effects on surface and/or ground water. Accordingly, the City
Commission of the City of Atlantic Beach finds that management measures
contained in the most recent edition of the "Florida -Friendly Best Management
Practices for Protection of Water Resources by the Green Industries, 2008," may
be required by this division.
(b) Purpose and intent. This division regulates the proper use of fertilizers by any
applicator; requires proper training of commercial and institutional fertilizer
applicators; establishes training and licensing requirements; establishes a
prohibited application period; specifies allowable fertilizer application rates and
methods, fertilizer -free zones, low maintenance zones, and exemptions. The
division requires the use of best management practices which provide specific
management guidelines to minimize negative secondary and cumulative
environmental effects associated with the misuse of fertilizers. These secondary
and cumulative effects have been observed in and on the City of Atlantic Beach's
natural and constructed stormwater conveyances, rivers, creeks, ponds, and
other water bodies. Collectively, these water bodies are an asset critical to the
environmental, recreational, cultural and economic well-being of the City of
Atlantic Beach residents and the health of the public. Overgrowth of algae and
vegetation hinder the effectiveness of flood attenuation provided by natural and
constructed stormwater conveyances. Regulation of nutrients, including both
phosphorus and nitrogen contained in fertilizer, will help improve and maintain
water and habitat quality.
(c) Definitions. For this division, the following terms shall have the meanings set
forth in this section unless the context clearly indicates otherwise.
Administrator means the City of Atlantic Beach City Manager, or an administrative official
of the City of Atlantic Beach government designated by the city manager to administer and
enforce the provisions of this division.
Application or apply means the actual physical deposit of fertilizer to turf or landscape
plants, whether solid or liquid product is used.
Applicator means any person who applies fertilizer on turf and/or landscape plants in the
City of Atlantic Beach.
Board or governing board means the City Commission of the City of Atlantic Beach,
Florida.
Best management practices means turf and landscape practices or combination of
practices based on research, field-testing, and expert review, determined to be the most
effective and practicable on -location means, including economic and technological
considerations, for improving water quality, conserving water supplies and protecting natural
resources.
Code enforcement officer, official, or inspector means any designated employee or
agent of the City of Atlantic Beach whose duty it is to enforce codes and ordinances enacted by
the City of Atlantic Beach.
Commercial fertilizer applicator, except as provided in F.S. § 482.1562(9), means any
person who applies fertilizer for payment or other consideration to property not owned by the
person or firm applying the fertilizer or the employer of the applicator.
Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized
turf, or landscape plants.
Fertilizer means any substance or mixture of substances that contains one (1) or more
recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or
provides other soil enrichment, or provides other corrective measures to the soil.
Guaranteed analysis means the percentage of plant nutrients or measures of
neutralizing capability claimed to be present in a fertilizer.
Institutional applicator means any person, other than a private, non-commercial or a
commercial applicator (unless such definitions also apply under the circumstances), that applies
fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators
shall include, but shall not be limited to, owners, managers or employees of public lands,
schools, parks, religious institutions, utilities, industrial or business sites and any residential
properties maintained in condominium and/or common ownership.
Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf).
Low maintenance zone means an area a minimum of ten (10) feet wide adjacent to
water courses which is planted and managed in order to minimize the need for fertilization,
watering, mowing, etc.
Person means any natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club, organization, and/or any group of people
acting as an organized entity.
Prohibited application period means the time period during which a flood watch or
warning, or a tropical storm watch or warning, or a hurricane watch or warning is in effect for
any portion of Atlantic Beach, issued by the National Weather Service, or if heavy rainfall is
likely.
(World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to two
(2) inches in a twenty -four-hour period. http://severe.worldweather.org/rain/, and forecast
keyword "likely").
The City of Atlantic Beach Approved Best Management Practices Training Program
means a training program approved per F.S. § 403.9338, or any more stringent requirements
set forth in this article that includes the most current version of the Florida Department of
Environmental Protection's "Florida -Friendly Best Management Practices for Protection of Water
Resources by the Green Industries, 2008," as revised, and approved by the City of Atlantic
Beach Public Works Director.
Saturated soil means a soil in which the voids are filled with water. Saturation does not
require flow. For the purposes of this division, soils shall be considered saturated if standing
water is present or the pressure of a person standing on the soil causes the release of free
water.
Slow release, controlled release, timed release, slowly available, or water insoluble
nitrogen means nitrogen in a form which delays its availability for plant uptake and use after
application, or which extends its availability to the plant longer than a reference rapid or quick
release product.
Turf, sod, or lawn means a piece of grass -covered soil held together by the roots of the
grass.
Urban landscape means pervious areas on residential, commercial, industrial,
institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or
horticultural plants.
(d) Applicability. This division shall be applicable to and shall regulate any and all
applicators of fertilizer and areas of application of fertilizer within the area of the
City of Atlantic Beach, unless such applicator is specifically exempted by the
terms of this division from the regulatory provisions of this division. This division
does not restrict any homeowner or residents from applying fertilizers on their
landscape as they deem necessary, but they are strongly recommended to follow
the guidelines included herein. This division shall be prospective only, and shall
not impair any existing contracts.
(e) Timing of fertilizer application. No applicator shall apply fertilizers containing
nitrogen and/or phosphorus to turf and/or landscape plants during the prohibited
application period, or to saturated soils.
Fertilizer free zones. Fertilizer shall not be applied within ten (10) feet of any
pond, stream, watercourse, pond, lake, canal, or wetland as defined by the
Florida Department of Environmental Protection (Chapter 62-340, Florida
Administrative Code) or from the top of a seawall, unless a deflector shield, drop
spreader, or liquid applicator with a visible and sharply defined edge, is used, in
which case a minimum of three (3) feet shall be maintained. If more stringent City
of Atlantic Beach Code regulations apply, this provision does not relieve the
requirement to adhere to the more stringent regulations. Newly planted turf
and/or landscape plants may be fertilized in this zone only for a sixty-day period
beginning thirty (30) days after planting if need to allow the plants to become well
(f)
(g)
established. Caution shall be used to prevent direct deposition of nutrients into
the water.
Low maintenance zones. A voluntary ten -foot low maintenance zone is strongly
recommended, but not mandated, from any pond, stream, water course, lake,
wetland or from the top of a seawall. A swale/berm system is recommended for
installation at the landward edge of this low maintenance zone to capture and
filter runoff. If more stringent City of Atlantic Beach Code regulations apply, this
provision does not relieve the requirement to adhere to the more stringent
regulations. No mowed or cut vegetative material may be deposited or left
remaining in this zone or deposited in the water. Care should be taken to prevent
the over -spray of aquatic weed products in this zone.
(h) Fertilizer content and application rates.
(1) Fertilizers applied to turf within the City of Atlantic Beach shall be
formulated and applied in accordance with requirements and directions
provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling
Requirements for Urban Turf Fertilizers.
(2) Fertilizer containing nitrogen or phosphorus shall not be applied before
seeding or sodding a site, and shall not be applied for the first thirty (30)
days after seeding or sodding, except when hydro -seeding for temporary
or permanent erosion control in an emergency situation (wildfire, etc.), or
in accordance with the stormwater pollution prevention plan for that site.
Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape
plants except as provided in [subsection] (1) above for turf, or in OF/IFAS
recommendations for landscape plants, vegetable gardens, and fruit trees
and shrubs, unless a soil or tissue deficiency has been verified by an
approved test.
Application practices.
(1) Spreader deflector shields are required when fertilizing via rotary
(broadcast) spreaders. Deflectors must be positioned such that fertilizer
granules are deflected away from all streets, driveways and other
impervious surfaces, fertilizer -free zones and water bodies, including
wetlands.
(i)
(3)
(2) Fertilizer shall not be applied, spilled, or otherwise deposited on any
impervious surfaces.
Any fertilizer applied, spilled, or deposited, either intentionally or
accidentally, on any impervious surface shall be immediately and
completely removed to the greatest extent practicable.
(4) Fertilizer released on an impervious surface must be immediately
contained and either legally applied to turf or any other legal site, or
returned to the original or other appropriate container.
In no case shall fertilizer be washed, swept, or blown off impervious
surfaces into stormwater drains, ditches, conveyances, or water bodies.
(j) Management of grass clippings and vegetative matter. In no case shall grass
clippings, vegetative material, and/or vegetative debris be washed, swept, or
(3)
(5)
blown off into stormwater drains, ditches, conveyances, water bodies, wetlands,
or sidewalks or roadways. Any material that is accidentally so deposited shall be
immediately removed to the maximum extent practicable.
(k) Exemptions. The provisions set forth above in this division shall not apply to:
(1) Bona fide farm operations as defined in the Florida Right to Farm Act,
F.S. § 823.14;
(2) Other properties not subject to or covered under the Florida Right to Farm
Act that have pastures used for grazing livestock; and
Any lands used for bona fide scientific research, including, but not limited
to, research on the effects of fertilizer use on urban stormwater, water
quality, agronomics, or horticulture.
(1) Training.
(1) All commercial and institutional applicators of fertilizer within the City of
Atlantic Beach, shall abide by and successfully complete the six -hour
training program in the "Florida -Friendly Best Management Practices for
Protection of Water Resources by the Green Industries" offered by the
Florida Department of Environmental Protection through the University of
Florida Extension "Florida -Friendly Landscapes" program, or an approved
equivalent.
(2) Private, non-commercial applicators are encouraged to follow the
recommendations of the University of Florida IFAS Florida Yards and
Neighborhoods program when applying fertilizers.
Licensing of commercial applicators.
(1) Prior to 1 January 2014, all commercial applicators of fertilizer within the
city limits of Atlantic Beach, shall abide by and successfully complete
training and continuing education requirements in the "Florida -Friendly
Best Management Practices for Protection of Water Resources by the
Green Industries," offered by the Florida Department of Environmental
Protection through the University of Florida IFAS "Florida -Friendly
Landscapes" program, or an approved equivalent program, prior to
obtaining a the City of Atlantic Beach Local Business Tax Certificate for
any category of occupation which may apply any fertilizer to turf and/or
landscape plants. Commercial fertilizer applicators shall provide proof of
completion of the program to the City of Atlantic Beach City Clerk's office
within one hundred eighty (180) days of the effective date of this division.
(2) After 31 December, 2013, all commercial applicators of fertilizer within the
incorporated area of the City of Atlantic Beach, shall have and carry in
their possession at all times when applying fertilizer, evidence of
certification by the Florida Department of Agriculture and Consumer
Services as a Commercial Fertilizer Applicator per 5E-14.117(18) F.A.C.
All businesses applying fertilizer to turf and/or landscape plants (including
but not limited to residential lawns, golf courses, commercial properties,
and multi -family and condominium properties) must ensure that at least
one (1) employee has a "Florida -Friendly Best Management Practices for
(3)
(m)
(3)
Protection of Water Resources by the Green Industries" training
certificate prior to the business owner obtaining a local business tax
certificate. Owners for any category of occupation which may apply any
fertilizer to turf and/or landscape plants shall provide proof of completion
of the program to the City of Atlantic Beach Public Works Director.
(n) Enforcement. The police department, the public works department, and the code
enforcement officer, shall enforce this chapter. All parties are authorized to sign
complaints for violation of this chapter.
(1) Violations and penalties. The violation of any provision of this chapter
may be punished by a fine as indicated below. Said fine will be imposed
on the contractor employing the applicator or lawn maintenance worker
found to be in violation. Fines will be cumulative on the contractor
regardless of whether different operators are cited.
(2) Schedule of fines. The following schedule of fines may be assessed in
cases of violations of fertilizer application or management of grass
clippings and vegetative matter requirements occurring within the city:
First offense within any two-month period $ 100.00
Second offense within any two-month 250.00
period
Third offense within any two-month period 500.00
Fourth or subsequent offense within any 1,000.00
two-month period
Funds generated by penalties imposed under this section shall be used by the City of
Atlantic Beach for the administration and enforcement of F.S. § 403.9337, and the
corresponding sections of this division, and to further water conservation and nonpoint pollution
prevention activities.
(Ord. No. 90-13-220, § 1, 1-13-14)
Editor's note—
Section 24-182 was added at the editor's discretion in order to maintain the format of the
Code.
Secs. 24-183-24-185. Reserved.
ARTICLE IV. SUBDIVISION AND SITE IMPROVEMENT REGULATIONS
DIVISION 1. GENERALLY
Sec. 24-186. Purpose and intent.
Sec. 24-187. Subdivision and subdivision improvements defined.
Sec. 24-188. Requirements for approval and recording of a final subdivision plat or a replat.
Sec. 24-189. Exemptions from the requirement for approval and recording of a final
subdivision plat or replat.
Sec. 24-190. Multiple lots and parcels treated as a single development parcel.
Sec. 24-191. Waiver.
Sec. 24-192. Vacation of previously recorded subdivision plats.
Secs. 24-193-24-200. Reserved.
Sec. 24-186. Purpose and intent.
As of the March 8, 2010, effective date of this amendment to the land development
regulations all areas of the city suitable for development have been previously platted. As such,
the primary purpose of this article is to provide procedures for changes to previously recorded
subdivisions (replats) and conditions for the division of existing lots, and to establish
development standards and requirements for new development or redevelopment within the
city. The provisions set forth within this article shall be construed as the design and
development standards for all new development and redevelopment within the city.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-187. Subdivision and subdivision improvements defined.
(a) Subdivision defined. For the purposes of this article, subdivision shall mean the
division of land into three (3) or more lots or parcels, which may include
establishment of new streets and alleys, stormwater facilities, infrastructure
including, but not limited to, water, sewer, and utilities. The term subdivision shall
also include changes to previously recorded plats, replats and the division of
previously recorded subdivisions when three (3) or more lots or parcels are
created, and when appropriate to the context, subdivision also relates to the
process developing land.
(b) Improvements defined. For the purposes of this article, subdivision improvements
may include, but shall not be limited to street pavements, curbs and gutters,
sidewalks, driveways, alley pavements, walkway pavements, water mains,
sanitary sewers, lift stations, storm sewers or drains, street names, signs, street
lights, landscaping, permanent reference monuments (PRMs), permanent control
points (PCPs), monuments, or any other improvement as may be required by the
city commission or these land development regulations.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-188. Requirements for approval and recording of a final subdivision plat or a
replat.
(a) No building permits shall be issued for any land that has been divided, or any lot
that has been created, except in compliance with the requirements of division 2
of this article and the requirements of Chapter 177, Part I, Florida Statutes.
Approval of a final subdivision plat or a replat shall be required when any of the
following conditions result from the division of land.
(1) The division of any land will create three (3) or more contiguous lots or
parcels.
(2) The division of land, or the change to a previously recorded plat, platted
lot or lot of record, will alter an access point, other than a private
driveway, change a street as shown on a recorded plat, or change any
area dedicated for shared public use, recreation, open space, buffering,
easement or designated preservation area.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-189. Exemptions from the requirement for approval and recording of a final
subdivision plat or replat.
(a) Building permits may be issued following divisions of land without the need for
approval of a final subdivision plat or a replat only in accordance with each the
following provisions:
(1) The division results in no more than two (2) contiguous lots or parcels.
(2) The resultant new lots, comply with the minimum lot area, width and
depth, and access requirements of the applicable zoning district, the
comprehensive plan and all other applicable requirements of these land
development regulations.
The division and the resultant new lots shall not create any
nonconforming structures or any other nonconforming characteristic.
(4) Approval by the designated administrative official of a certified survey
depicting the proposed new lots verifying compliance with the above
requirements. Such certified survey shall be submitted to the city and
approved prior to recording of a deed for transfer of ownership of lands,
and shall be recorded as an addendum to the deed. It shall be the
responsibility of the property owner(s) to provide evidence of the
approved certified survey along with any application for building permits.
(b) Townhouses and residential dwellings held in fee -simple ownership.
Townhouses and two-family dwellings, when divided in ownership, shall not
constitute a division of lands requiring approval of a final subdivision plat or a
replat, provided that such dwellings are otherwise in compliance with these land
development regulations and the comprehensive plan.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(3)
Sec. 24-190. Multiple lots and parcels treated as a single development parcel.
In the case where more than one (1) parcel, platted lot or lot of record has been
combined and developed as a single development parcel, such lots shall not later be developed
as a single lot, unless all requirements for development as a single lot shall be met including,
but not limited to, impervious surface area limitations and provision of all required yards for all
structures.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-191. Waiver.
(a) General. Where the city commission finds that undue hardship due to
unreasonable practical 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 shall submit to the city
commission 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.
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 property and do not result from actions of the applicant.
(4) The waiver is consistent with the intent and purpose 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 ensure that the waiver will comply with the
intent and purpose of this article.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(3)
Sec. 24-192. Vacation of previously recorded subdivision plats.
An applicant may apply for the vacation of a recorded plat, or a portion of a plat by
written application to which a copy of the plat shall be attached requesting the same to be
vacated. Vacation of plats shall require approval by resolution of the city commission, and such
vacation shall be approved only in accordance with Chapter 177.101, Florida Statutes.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-193-24-200. Reserved.
DIVISION 2. APPLICATION PROCEDURE
Sec. 24-201.
Sec. 24-202.
Sec. 24-203.
Sec. 24-204.
General requirements.
Review and approval procedure.
Review of proposed plat or changes to a previously recorded plat.
Proposed plat review and approval.
Secs. 24-205-24-220. Reserved.
Sec. 24-201. General requirements.
(a) Unlawful division of land. It shall be unlawful for any person to submit a plat,
replat, or certified survey as required by section 24-189, for the subdivision of
land to the clerk of the Circuit Court of Duval County for the purpose of recording
said plat in the Official Records of Duval County until the plat or replat has been
approved in accordance with the provisions of this article.
In the event that an unapproved final subdivision plat, replat, certified survey as required
by section 24-189, or any division of land, is recorded, no building permit or other type of permit
authorizing any development shall be issued until such division is approved in accordance with
the requirements of this article.
(b) Applicability. The procedures of this division apply to new plats, replats or any
change to a previously recorded subdivision plat.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-202. Review and approval procedure.
The requirements of each of the following reviews shall be met prior to the recording or
re -cording of a final subdivision or an amended plat prior to the issuance of any building permit
within lands encompassed by the plat.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-203. Review of proposed plat or changes to a previously recorded plat.
(a) A proposed plat shall be drawn at a clear and legible scale and shall be prepared
in accordance with the requirements of Section 177.091, Florida Statutes, and
shall further demonstrate compliance with this article and applicable
requirements of these land development regulations. The following information
shall be depicted upon proposed new plats and as required by the city for
changes to previously recorded plats in accordance with the type of change
requested:
(1) Title block. The title or name of the proposed subdivision; 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 proposed plat.
(2) Legend. Date, scale of plat, north arrow, zoning district designation, total
number of lots and minimum lot size.
(3)
Legal description. A full and detailed legal description of the lands to be
platted and approximate acreage.
(4) Vicinity map. A vicinity map, at scale, depicting the proposed subdivision
in relation to the abutting land uses and streets.
Abutting subdivisions. All contiguous properties shall be identified by
subdivision title, plat book and page number, or if un -platted, the adjacent
land shall be so designated.
(5)
(6) The location and proposed name of streets, right-of-way and pavement
widths, both within and immediately contiguous to the lands included in
the plat.
(7) Existing and proposed public or private open space, buffers, natural and
man-made lakes, waterways, water bodies, wetlands and environmentally
sensitive lands.
(8) Existing and proposed public and private easements shall be shown on
the plat. The purpose for the easement shall be noted on the plat.
(9) Parks and recreation dedication. Lands and approximate acreage to be
dedicated pursuant to the requirements of section 24-256 of this article.
(10) Dedications and reservations of all tracts and parcels of land proposed to
be dedicated or reserved for public use, including rights-of-way, roads,
easements, parks, sidewalks, bike or pedestrian trails.
(11) Proposed lot lines, with approximate dimensions and lot numbers, shall
be shown.
(12) Contour intervals of one (1) foot, except where determined to be
unreasonable or unnecessary by the designated administrative official.
(b) Preliminary engineering drawings. Five (5) copies of preliminary engineering
drawings shall be submitted for distribution and review by appropriate city
departments. Preliminary engineering drawings shall depict the general location
of the following:
(1) Water system lines and support facilities.
(2) Sewer system lines, any lift stations and support facilities.
(3) Stormwater and drainage facilities, Easements and other such features.
(4) Any bulkheads.
(5) Street profiles.
(6) Sidewalks, bicycle paths and pedestrian paths.
(7) Excavation and fill areas including any impacted wetlands.
(c) Review process. Upon receipt of a complete and proper application for the
proposed plat, copies shall be distributed to appropriate departments for review
and comment. Review comments shall be provided to the applicant in writing
within fifteen (15) days of receipt of the complete and proper application. Upon
completion of review by city departments and verification that the proposed plat
is in general compliance with applicable land development regulations, the
proposed plat shall be placed on the agenda of the next meeting of the
community development board for consideration and recommendation. The
community development director shall provide to the community development
board all relevant information concerning the proposed plat including any
outstanding comments from all reviewing departments, officials or agencies. The
community development board shall make a recommendation to the city
commission to approve the application, deny the application, or approve the
application subject to specified changes based upon the requirements of these
land development regulations, the comprehensive plan and other conditions
which may be unique to the land encompassed by the proposed plat.
(d) Time limit. The recommendation of the community development board shall
remain valid for twelve (12) months. If the applicant has failed to obtain
subdivision plat approval within twelve (12) months re-application in accordance
with the provisions of this article shall be required.
(e) It shall be unlawful to construct any Improvement without approval of a final
subdivision plat or replat and issuance of a valid building permit authorizing
development.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-204. Proposed plat review and approval.
(a) Purpose and intent. The purpose of the proposed final subdivision plat review is
to ensure that the proposed final subdivision plat meets all requirements of
Chapter 177, Part I, Florida Statutes, all requirements of these land development
regulations and other applicable regulations prior to approval by the city
commission and prior to recording.
(b) Information required for review.
(1) Final subdivision plat review. Copies of the proposed final plat in the
number as requested on the application form shall be submitted to the
city and shall be prepared in accordance with the design standards and
requirements established in these land development regulations and Part
I, and Chapter 177, Florida Statutes, as may be amended.
(2) The final subdivision plat shall be prepared by a registered land surveyor
in accordance with the requirements of Section 177.091, Florida Statutes
and shall be clearly and legibly drawn in black permanent drawing ink.
The final subdivision plat shall be drawn on eighteen (18) by twenty-six
(26) inch mylar or as required for recording in the official records of Duval
County. The final subdivision 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
subdivision plat shall be at the same scale and in the same format as the
proposed plat. The final subdivision 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. The following shall also be included:
a. Boundary survey and title certification as required by Section
177.041, Florida Statutes.
b. Name of new subdivisions and replats. As required by Section
177.051, Florida Statutes, every new final subdivision plat, and
any section, unit or phase therein, as well as any replat of a
previously recorded final subdivision plat, shall be given a name
by which the subdivision shall be legally known.
(3)
c. Every final subdivision plat shall be prepared, signed and sealed
by a registered land surveyor as required by Section 177.061,
Florida Statutes.
d. Dedication of improvements. All public improvements or property
designated for public purpose on any final subdivision plat
including, but not limited to, all streets, alleys, easements,
rights-of-way, parks, recreation amenities, open space, buffers
and protected areas shall be expressly dedicated on the face of
the final subdivision plat. In addition, the final subdivision plat shall
contain a statement of dedication to the city, other appropriate
government units or public utilities for all water lines, sewer lines,
pumping stations, electrical power lines, fiber optic, digital or cable
television lines, gas lines and any other public utility service lines
and appurtenances located within the tract prior to recording.
e. Any special conditions, including building restriction lines that may
exceed the zoning district minimum yard requirements or other
unique requirements shall be noted on the final plat.
f. If required, assurance for the performance of construction,
completion, maintenance and warranty of all improvements shall
be submitted as set forth within division 4 of this article.
Approval or denial by city commission. Upon receipt of all required
information, the community development director shall, within thirty (30)
days, schedule the final subdivision plat for public hearing before the city
commission. The community development director shall forward all
relevant information to the city commission for its consideration. The city
commission, after considering all comments shall approve, deny or
approve subject to specified conditions, the final plat for recording, based
upon compliance with the required certifications and security
requirements and with the other requirements and provisions of this
article and other applicable policies, ordinances, laws and regulations. If
substantial changes to lot, block or street layout or lot sizes occur at any
time after the consideration by the community development board,
another review by that board shall be conducted prior to submittal of the
final subdivision plat to the city commission for final action.
(4) Signing, recording, and acceptance. Upon approval by the city
commission, said plat shall be signed by the mayor and recorded under
the applicable provisions of Chapter 177, Florida Statutes. Acceptance of
the final plat shall be deemed provisional acceptance by the city of public
improvements and other public areas dedicated to the city. Final
acceptance of all public improvements shall occur upon the submission to
the city commission of a valid certificate of completion as provided for in
section 24-235 of this chapter. The acceptance of dedications for public
purpose shall be affixed to the face of the plat. Four (4) copies of the
recorded final subdivision plat shall be provided to the city.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-205-24-220. Reserved.
DIVISION 3. REQUIRED IMPROVEMENTS
Sec. 24-221. Generally.
Secs. 24-222-24-230. Reserved.
Sec. 24-221. Generally.
All new development and redevelopment, including areas of previously approved
subdivisions platted but not developed, shall contain improvements designed and constructed
according to the requirements and specifications of this article, the comprehensive plan, and
applicable policies, regulations and ordinances of the city and laws of the State of Florida.
Where development contains or impacts previously existing streets used to access the
development, or impacts stormwater and utility facilities that do not meet the requirements of
current development standards, the applicant shall be required to improve such substandard
facilities contained within or used by the development or redevelopment project to current
standards, unless specifically exempted herein. It is the intent of the city that new development
shall make improvements to substandard facilities to the extent that the development impacts
such facilities.
The following services and facilities shall be required improvements:
(a) Streets designed and constructed according to the standards and requirements
of this article.
(b) Sidewalks designed and constructed according to the standards and
requirements of this article.
(c) Approved street signs with block or address range numbers as provided for in
chapter 6 of this Code, markers, traffic signs and signals to control and circulate
traffic within the subdivision in accordance with the Florida Uniform Manual of
Traffic Control Devices, as published by the Florida Department of
Transportation.
(d) Drainage and stormwater 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, side drains, retention or detention basins,
cross drains and canals.
(e) A sanitary sewer system or an approved individual sewage disposal system in
the absence of access to a central sewer system, based on the requirements of
the State of Florida regulating the sanitary facilities for subdivisions, the
provisions of this article or other applicable policies, laws, ordinances and
regulations. (See section 24-260.)
A centralized water system, unless an individual water supply system is
permitted, based upon the required standards of the State of Florida, the
provisions of this article and other applicable policies, laws, ordinances and
regulations.
Parks and recreation dedication, as specified in section 24-256 of this article.
(f)
(g)
(h) Electric, telephone, gas and other utilities shall be constructed underground as
specified in this article and shall be designed so as to minimize obstruction of
pedestrian and vehicular traffic circulation.
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 or other conditions unique to the land.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(i)
Secs. 24-222-24-230. Reserved.
DIVISION 4. ASSURANCE FOR COMPLETION AND MAINTENANCE OF
IMPROVEMENTS
Sec. 24-231. Commencement of construction.
Sec. 24-232. Performance security.
Sec. 24-233. Maintenance security.
Sec. 24-234. Inspections.
Sec. 24-235. Issuance of certificate of completion.
Secs. 24-236-24-250. Reserved.
Sec. 24-231. Commencement of construction.
Construction of the required improvements within a subdivision may begin upon
issuance of a building permit. Further, such construction may commence only after recording of
the final subdivision plat, and only after any required performance bonds or other assurances
are secured.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-232. Performance security.
(a) The final subdivision plat shall be certified by the developer and countersigned by
the designated administrative official verifying that the developer has complied
with one (1) of the following alternatives:
(1) 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 designated 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 the designated
administrative official has inspected the improvement and authorized the
draw. The city commission shall have the right to reduce the amount of
any requested draw to an amount 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 specifications 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 resolution approving the final subdivision
plat and after any extensions granted have expired.
(2) 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 city commission
may reduce the dollar amount of the personal bond and letter of credit on
the basis of work completed. The city, after sixty-day written notice to the
developer, 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 resolution approving the
final subdivision plat or after any extensions granted have expired.
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 resolution approving the final subdivision
plat, all work required shall be completed in full accordance with the final
subdivision 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 construction costs. During the process of construction,
the designated administrative official may 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 resolution approving the
final subdivision plat and after any extensions granted have expired.
(4) Any other form of security must be approved in writing by the city
manager in consultation with the city attorney.
(b) A developer may extend, renew or substitute collateral described in subsections
(1), (2), or (3) above, one (1) or more times; provided, that no extension or
renewal thereof, or substitute thereof, shall have a maturity or expiration date
later than the established time for completion of improvements. The time for
(3)
completion of improvements shall be as specified within the resolution approving
the plat, or such later time as may be approved by the city commission; provided,
that if the collateral securing the completion of improvements has a maturity 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 collateral for such collateral at least ten (10) days before the maturity
or expiration date, unless a later time is approved by the city commission.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-233. Maintenance security.
Where the city is requested to accept maintenance of any public improvement within the
subdivision, a maintenance bond in the amount of one hundred (100) percent of the
construction cost of the improvements shall be filed with the city. Such bond shall provide that
the city shall be indemnified if the developer 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 construction plans. The terms of the maintenance bond shall
expire one (1) year after acceptance for maintenance by the city unless the city serves written
notice to the developer that the improvements are defective in material or workmanship or were
not constructed in compliance with the approved construction plans within the one (1) year.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-234. Inspections.
(a) As Improvements are being constructed within the subdivision, the building
official and authorized staff or consulting engineer shall have the right to inspect
improvements. The building official or authorized representative shall be
specifically notified of the commencement and completion of all of the following:
(1) Clearing and grubbing.
(2) All utilities prior to backfilling.
(3) All concrete structures when steel is in place prior to pouring.
(4) Stabilized sub -grade.
(5) Curb and concrete work.
(6) Roadway base.
(7) Wearing surface during application.
(b) The failure to notify the building official of the commencement and completion of
the construction may be good cause for the refusal to issue a certificate of
completion.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-235. Issuance of certificate of completion.
Upon completion of construction of all required improvements, the developer shall
provide the building official the following:
(a) A letter stipulating that the construction of the improvements has been completed
and requesting final inspection and approval.
(b) The testing reports and certificates of compliance from material suppliers
specified in this article.
(c) Three (3) sets of as -built construction plans and electronic as -built drawings in
AutoCAD 2000 (or newer) or comparable format.
(d) Certification from a registered engineer, with his seal affixed, that the
improvements have been constructed in conformity with the approved
construction plans.
(e) Upon receipt and review of the above items, and after satisfactory final
inspection, a certificate of completion shall be issued by the building official.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-236-24-250. Reserved.
DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS
Sec. 24-251. General requirements.
Sec. 24-252. Streets.
Sec. 24-253. Driveways.
Sec. 24-254. Easements.
Sec. 24-255. Blocks.
Sec. 24-256. Lots.
Sec. 24-257. Provision for required recreation.
Sec. 24-258. Required monumentation.
Sec. 24-259. Clearing and grading of rights-of-way.
Sec. 24-260. Centralized sewer and water services.
Sec. 24-261. Installation of septic tanks, private wastewater, and onsite sewage treatment
and disposal systems.
Sec. 24-251. General requirements.
All required improvements shall be designed by a Florida registered professional
engineer. Construction plans shall be prepared in accordance with applicable local, state and
federal standards. Construction plans shall be approved by the city prior to construction of
improvements, and issuance of a building permit shall constitute approval to commence
development. The requirements within this division shall apply to all improvements and all
development, as set forth herein, including improvements within subdivisions, planned unit
developments, approved site plans, and any other development projects, including individual
lots and parcels, where applicable. Construction plans shall address each of the following
requirements and shall provide sufficient information to demonstrate compliance with all
applicable requirements of these land development regulations, the Florida Building Code and
any other applicable state or federal regulations.
(a) Conformity to city policies. The division and development of land subject to these
regulations shall be in conformance with the goals, objectives and policies of the
comprehensive plan as well as all other applicable local, state and federal
requirements regulating the division and development of land.
(b) Use of natural features. The arrangement of Lots and blocks and the street
system shall make the most advantageous use of topography, shall preserve
mature trees, other natural features and environmentally sensitive areas,
wherever possible.
(c) Soil and flood hazards. A final subdivision plat shall not be approved unless all
land intended for use as building sites can be safely and reasonably used for
building purposes without danger from flood or other inundation, or from adverse
soil or foundation conditions, or from any other menace to health, safety or public
welfare. In particular, lands that are within the 100-year flood-prone areas, as
designated by 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 stormwater management
facilities necessary for flood-free access to the sites. All lots and building sites
shall be developed such that habitable space is constructed at a minimum
finished floor elevation of eight and one-half (8.5) feet above mean sea level or
with two and one-half (2.5) feet freeboard, whichever is greater.
Flood protection provisions shall be approved by the designated 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 impacts to water quality.
(d) General construction methods. All design and construction methods shall
conform to the requirements of these land development regulations and all
design and construction standards referenced therein including, but not limited
to: Florida Department of Transportation Drainage Design Manual, Standard
Specifications for Road and Bridge Construction, Manual of Uniform Minimum
Standards for Design, Construction and Maintenance of Streets and Highways.
(e) Paving and drainage engineering plans shall demonstrate compliance with the
stormwater management provisions of section 24-66 of these land development
regulations depicting all necessary elevations, treatment of intersections, design
grade of pavement, the width of right-of-way, width and type of pavement.
Topographic information depicting existing and proposed ditches, swales, major
drainage channels and other drainage facilities and systems shall also be
provided.
(1) Typical sections showing details of proposed pavement, sidewalk,
wearing surfaces, curbs, swales, canals, shoulders, slopes, drainage
structures and other items of major construction.
(2) Profile sheets of all Streets and underground structures to be constructed,
together with elevations shown for existing streets and utilities.
A written design recommendation for asphalt and base course designs
prepared by a Florida licensed geotechnical engineer based on field
testing of existing soils. Said design recommendation shall be submitted
(3)
prior to the commencement of any street construction or any construction
of stormwater management facilities.
(4) Provision for erosion control. Siltation curtains, or other such erosion
control barriers will be required to prevent erosion and displacement of
soil or sand, and shall be shown on paving and drainage engineering
plans, and shall be inspected and certified by a qualified erosion and
sediment control inspector prior to the commencement of any land
clearing or development.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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 use of the land to be served by the streets.
(b) Arrangement of streets. The arrangement of new streets within a subdivision or
new development project shall:
(1) Conform with the transportation element of the comprehensive plan.
(2) Be interconnected with the existing street system so as to provide for
vehicular connections between neighborhoods.
New local streets shall be designed in a manner, which discourages use
by through traffic.
(c) Access to paved streets required. Every lot, development parcel or new
subdivision shall have access to a paved street dedicated to public use, which
has been accepted and maintained by the city. It shall be the responsibility of the
developer to design, construct and pave streets in accordance with the
requirements of division 5 of this article. A certificate of completion shall be
issued prior to acceptance of any public street by the city and prior to the
issuance of any building permit to develop individual lots or parcels.
(1) Any subdivision of land, which creates more than ten (10) residential lots
shall provide two (2) separate access points, unless other provisions,
such as permanent easements, are made for emergency ingress, and
provided that such entrances will not adversely affect the street system.
(2) New subdivisions, which utilize private security gates or other types of
restricted access, shall provide a universal emergency access system at
each entrance.
(3)
(d) Private streets providing access to individual lots shall be constructed and
maintained in accordance with division 5 of this article. Provision for the
continued private maintenance of any private street shall be provided to the city
prior to issuance of any building permit.
(e) Where the impact of new development can be demonstrated to reduce any
transportation related level of service standard as established by the adopted
comprehensive plan, additional right-of-way and roadway improvements may be
required by the city to maintain adequate roadway capacity, public safety or to
ensure adequate access, circulation and parking.
Reserve strips prohibited. Reserve strips prohibiting future access to public
streets shall be prohibited except where irrevocable control of such reserve strips
is placed with the city.
Intersections of right angles. Streets shall be designed 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. Offset intersections, which may be created by new
streets, shall be prohibited except where removal or damage to any private
protected tree or public protected tree may be avoided by such offset
intersection.
(h) 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.
(i)
Minimum right-of-way and paving widths. Minimum street right-of-way and paving
widths shall be as follows, unless otherwise indicated or required by law:
STREET TYPE
Minor Collector Street
Local Street: Without curb
and gutter
Local Street: With curb and
gutter
Cul-de-sacs and loop
streets not exceeding 1500
feet in length: Without curb
and gutter
With curb and gutter
Alley: Commercial
Alley: Residential
RIGHT-OF-WAY
60 feet
60 feet
PAVING WIDTH
24 feet
20 feet
50 feet 24 feet
60 feet* 20 feet*
50 feet*
30 feet
20 feet
20 feet*
12 feet
10 feet
* Required for linear portion of cul-de-sacs and loop streets.
See following subsection (i) for dimension of turn-arounds.
(j) Dead-end streets. Dead-end streets, designed to be so permanently, shall be
prohibited except when designed as cul-de-sacs. These 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, or
number of lots to be located on the same, a greater length may be deemed
necessary. A circular turnaround shall be provided at the terminus of the
cul-de-sac. The circular area shall contain right-of-way with a diameter of not less
than seventy-five (75) feet as measured from adjoining property lines. The
diameter of the paved area shall be not less than sixty (60) feet as measure from
edge of curb. The city may authorize a "T" type design of proper size for
vehicular turnaround as required by the director of public works. Temporary
turnarounds shall be provided at the end of streets, which are to be extended in
the later stages or phases of the development.
(k) Street names and house numbers. The assignment of addresses shall be
determined by the building official.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-253. Driveways.
(a) Driveways and accessways shall be constructed in accordance with the
requirements of section 19-7 of this Code, and as set forth within this section.
(1) Residential driveways shall not create more than fifty (50) percent
impervious area within the public right-of-way, and shall be limited to the
following widths.
(2) Maximum driveway width at the property line and through the right-of-way
shall be twenty-two (22) feet, subject to not exceeding fifty (50) percent
impervious area in the right-of-way.
Maximum driveway aisle width through the right-of-way for circular drives
shall be twelve (12) feet subject to subject to not exceeding fifty (50)
percent impervious area in the right-of-way.
(4) Maximum driveway width at the property line and through the right-of-way
for two-family dwellings on a 50 -foot wide lot shall be a combined width
for both driveways of twenty-four (24) feet.
(b) Shared driveways. The use of shared private driveways shall be permitted
subject to provision of a shared access easement or other legally binding
agreement between all parties using such access. A copy of the recorded
easement or agreement shall be provided to the city prior to issuance of a
building permit.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(3)
Sec. 24-254. Easements.
(a) Utilities. Easements across lots or centered on rear or side lot lines shall be
provided for utilities where necessary, and shall be at least fifteen (15) feet wide
and shall extend from street to street. All stormwater and utility easements
dedicated to the city shall be permanent easements, irrevocable and without
reservation.
(b) Drainage and watercourses. Where a development is traversed by a
watercourse, canal, drainage way, nonnavigable channel or stream, there shall
be provided a stormwater easement or drainage right-of-way conforming
substantially with the lines of the watercourse, and such further width as will be
adequate for the purpose of access for maintenance, and to provide for the
unrestricted flow of the intended volume of water.
(c) Other drainage easements. Other easements may be required for drainage
purposes of such size and location as may be determined by the designated
administrative official.
(d) Pedestrian and service easements. Where necessary for safety and
convenience, pedestrian and service easements or rights-of-way may be
required.
(e) No city expense. Easements required by these land development regulations
within proposed developments shall be provided at no expense to the city.
The abandonment or vacation of beach access easements shall be prohibited.
(f)
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-255. 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 district requirements as to lot sizes and dimensions.
(3) Needs for convenient access, circulation, control and safety of street and
pedestrian traffic and fire protection.
(b) Block lengths. Block lengths shall not exceed twelve hundred (1,200) feet
between intersecting streets, except that the city commission may approve
blocks of greater length.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-256. Lots.
(a) General. Lot size, width, depth, shape and orientation, and the minimum building
setback lines shall be appropriate for the location of the development and for the
type of development and use proposed. Lot arrangement and design shall be
such that all lots shall provide satisfactory and desirable building sites. Minimum
sizes for Tots shall be as set forth within the applicable zoning district
requirements. Unless expressly provided for within this chapter, no residential lot
created after the initial effective date of these land development regulations shall
have a width of less than seventy-five (75) feet at the building restriction line, or
shall it contain less than seven thousand five hundred (7,500) square feet unless
approved as part of a planned unit development.
(b) Dimensions. Lot dimensions shall conform to the requirements of article III of this
chapter, and the depth and width of properties reserved or laid out for
commercial and industrial purposes shall be adequate to provide for the off-street
service and parking facilities required by the type of use and development
proposed.
(c) Residential corner 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. All Lots shall be provided with satisfactory and permanent access
to a paved public street. No new lot shall be created, which prohibits established
access or reasonable access to an abutting property.
(e) Double frontage lots. creation of new residential lots having double street
frontage shall be avoided.
Building restriction lines. The developer shall establish building restriction lines in
accordance with approved final subdivision plat, and such building restriction
lines shall be shown on the recorded plat.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
(f)
Sec. 24-257. Provision for required recreation.
New subdivisions containing ten (10) or more acres shall be required to provide a
minimum of one (1) acre dedicated for recreation purposes. A requirement of one (1) acre per
each ten (10) acres, or fractional portion thereof, shall be required for new subdivisions
exceeding ten (10) acres in size. A minimum of fifty (50) percent of lands required for recreation
shall contain active recreation facilities such as ball -fields or multi-purpose fields, tennis courts,
skateboard facilities, swimming pools and the like.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-258. Required monumentation.
(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
designated administrative official.
(b) Permanent reference markers. A sufficient number of permanent reference
monuments shall be set in each residential subdivision, and 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 Section 177.091,
Florida Statutes, and as may be required by the designated administrative
official.
(c) Location and construction. The location of all permanent reference monuments
shall be indicated on the final subdivision plat. All iron pipes and pins and
permanent reference monuments shall be of such size, material and length as
may be specified by the designated 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 Section 177.091, Florida
Statutes, except all monuments including lot corners shall be placed before the
developer is released from any required 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 accurately witnessed and replaced at the developer's
expense upon the completion of construction. The designated administrative
official may accept a certification from the developer's surveyor that the
requirements of this division have been satisfied.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-259. Clearing and grading of rights-of-way.
the developer shall be required to clear all rights-of-way and to make all grades,
including all grades for streets, alleys and drainage, consistent to grades of the approved
construction plans. All debris shall be removed from rights-of-way. In the interest of the
preservation of existing protected trees, or environmentally sensitive areas, or other natural
features, the city may vary from this section where aesthetic and environmental conditions shall
be enhanced. No rights-of-way shall be cleared prior to approval of construction plans, and
issuance of a site clearing and tree removal or relocation permit as required by chapter 23 of the
Code of Ordinances. Installation of required erosion and sediment control BMPs must be
completed and inspected prior to beginning clearing operations.
(Ord. No. 90-10-212, § 2(Exh. A), 3-b-10)
Sec. 24-260. Centralized sewer and water services.
(a) New subdivisions shall be required to provide centralized water and sanitary
sewer systems.
(b) The use of private wells and septic tanks shall be in accordance with the
requirements of Chapter 64E-6, Florida Administrative Code. New septic tanks
shall further be subject to the provisions of following section 24-260.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-261. Installation of septic tanks, private wastewater, and onsite sewage
treatment and disposal systems.
(a) New lots or parcels, which are created pursuant to the exemptions from the
requirement for approval and recording of a final subdivision plat or replat as set
forth within section 24-189, shall contain a minimum lot area of one (1) acre,
exclusive of wetlands, in order to use private wastewater systems and septic
tanks, or any type of onsite sewage treatment and disposal systems, except that
any lot within one hundred (100) feet of any central sewer line shall be required
to connect to central services as required by chapter 22, article III of this Code of
Ordinances without respect to size of the lot or parcel.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
ARTICLE V. ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS
DIVISION 1. WELLHEAD PROTECTION
Sec. 24-262. Purpose and intent.
Sec. 24-263. Definitions.
Sec. 24-264.
Sec. 24-265.
Sec. 24-266.
Sec. 24-267.
Sec. 24-268.
Sec. 24-269.
Establishing and mapping wellhead protection areas.
Investigations and monitoring.
Prohibitions in wellhead protection areas.
Requirements within wellhead protection areas.
Notice of release or spill of contaminants in wellhead protection areas.
Authority and responsibilities of the city.
Sec. 24-262. Purpose and intent.
The intent of these regulations to protect and safeguard the health, safety and welfare of
the residents of the City of Atlantic Beach by establishing wellhead protection measures that
safeguard the Floridan Aquifer from intrusion of any contaminants that may jeopardize present
and future public water supply wells in the City of Atlantic Beach. It is also the intent of the City
of Atlantic Beach to augment policies adopted in the comprehensive plan that address the
protection of public potable water wells.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-263. Definitions.
Faulty well means any well completed into the Floridan Aquifer or Hawthorne GROUP
which does not meet the requirements as specified in this section 24-266.
Hawthorne Group well means any well that penetrates a portion of the Hawthorne
Formation, with a screened or open hole segment terminating within the Hawthorne Formation.
Potable water means water which is intended for drinking, culinary or domestic purposes
subject to compliance with state and federal drinking water standards.
Private well means a shallow aquifer, Hawthorne, or Floridan well that is not a public
potable water well.
Public potable water well means any water well completed into the Floridan Aquifer,
which supplies potable water to a community water system or to a nontransient, noncommunity
water system, as those terms are defined in Rule 62-521.200, Florida Administrative Code.
Public water supply utility or "utility" means the owner of a public potable water well or
wellfield.
Risk of contamination means the existence of a faulty Floridan or Hawthorne well
located within a wellhead protection area, a source of contamination, and/or a gradient in the
shallow aquifer towards the faulty Floridan or Hawthorne well, creating a threat to a Public
Potable Water well due to cross contamination between aquifers or source waters.
Wellfield means more than one (1) public potable water well owned by a public water
supply utility in close proximity to each other.
Wellhead protection area means an area consisting of a 500 -foot radial setback distance
around a public potable water well or wellfield where the most stringent measures are provided
to protect the ground water sources for a potable water well and includes the surface and
subsurface area surrounding the well.
Wellhead protection area map means a map showing the location of the boundary of
each of the wellhead protection areas.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-264. Establishing and mapping wellhead protection areas.
There is hereby established a wellhead protection area around each public potable
water well and/or wellfield. Wellhead protection areas shall be mapped for the edification of the
public and to assist the city in safeguarding the ground water resource. Any new public potable
water wells shall have the wellhead protection areas added to the map within thirty (30) days of
completion of construction.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-265. Investigations and monitoring.
(a) A map shall be developed and kept up-to-date, using the city's GIS system, to
show the location of any known private wells within the wellhead protection area
that are drilled into the Hawthorne or Floridan Aquifer. The mapping shall include
a review of available federal, state and local environmental databases including,
but not limited to, databases pertaining to Brownfields Redevelopment Programs,
Florida Department of Environmental Protection SIS Contaminated Sites List,
lists of commercial hazardous waste transporters' facilities, hazardous waste
notifications, solid waste facilities, storage tank and petroleum
contamination/cleanup records, U.S. Environmental Protection Agency
Comprehensive Environmental Response, Compensation and Liability Act and
Resource Conservation and Recovery Act remedial action sites. Any sites
deemed to be potential contamination risks by the city may be investigated by
city staff or their consultants. In conducting the investigation, the city shall, at a
minimum, consider the condition of such sites; the status of the site within any
applicable U.S. Environmental Protection Agency and/or Florida Department of
Environmental Protection regulatory program; and, any existing or planned
remediation activities and site management plans.
(b) Using the city's and St. Johns River Water Management District's (SJRWMD)
water well database, the city shall map private well locations within the wellhead
protection areas and shall assess the depth, use, and condition of each identified
private well from available records. The city shall identify wells known or likely to
penetrate the Hawthorne Group and/or Floridan Aquifer within each wellhead
protection area. Thereafter, the city shall have authority to conduct an
investigation of each well into the Hawthorne Group and Floridan Aquifer to
determine the condition of the well and its potential as a contaminant pathway
into the Floridan Aquifer. The investigation may include a request for records of
the well construction, regulatory reports, maintenance logs or other documents
and data records available from the owner or from regulatory agencies.
(c) The city shall have the right to assess to the best of its ability whether any wells
are located within, or downgradient in the shallow aquifer gradient from a
contaminated site within a wellhead protection area. The city shall determine the
condition of the well to prevent the migration of contaminants from non -Floridan
aquifers to the Floridan Aquifer based on the applicable regulatory standards of
design and installation, and proper maintenance practices including but not
limited to the following:
(1) Proper grout seal outside of the casing;
(2) Presence of an approved and certified backflow prevention device if
required;
(3) Proper sanitary seal on wellhead;
(4) Concrete pad around wellhead;
(5) Surface water drainage;
(6) Well casing integrity; and
(7) Properly maintained pumping and distribution systems.
(d) It shall be the responsibility of the city to determine that a public potable water
well is at risk of contamination. Once this determination has been made, the city
may identify the specific contaminants of concern, and report to the St. Johns
River Water Management District (SJRWMD) and Florida Department of
Environmental Protection (FDP).
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-266. Prohibitions in wellhead protection areas.
Within a 500 -foot radius around an existing public potable water well, those actions and
uses established by the Florida Department of Environmental Protection in Rule 62-521.400,
Florida Administrative Code, which is adopted by reference, shall be prohibited. Additionally, no
existing private wells shall be deepened and no new wells shall be constructed within
designated wellhead protection areas that penetrate a portion of the Hawthorne Group or the
Floridan Aquifer without first obtaining a well construction permit from the City of Jacksonville as
provided in environmental protection board Rule 8 and including a review of areas on known
contamination at or near the proposed or existing well location. A City of Atlantic Beach well
permit from the building department must also be received prior to construction. All new wells
within such areas must be fully grouted. Abandonment of existing wells shall be in accordance
with applicable SJRWMD requirements and a copy of the plugging and abandonment report
shall be submitted to the city.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-267. Requirements within wellhead protection areas.
The following requirements apply to all Floridan Aquifer wells, including private wells,
within the boundary of a wellhead protection area.
(a) All Floridan and Hawthorne wells may be inspected by the City or their
consultants at any time after the effective date of this ordinance. The City shall
prioritize re -inspections for wells that, in its opinion, pose the greatest threat to
the Floridan Aquifer.
(b) Floridan Aquifer wells that do not have positive piezometric pressure shall have a
backflow prevention device in compliance with local plumbing code and
Department of Environmental Protection rules.
(c) Within one year after the effective date of this chapter, all Private Floridan wells
within a Wellhead Protection Area shall be configured with a sanitary seal on the
wellhead and a concrete pad around the outside of the well casing to prevent
leakage of surface water into the well. Each well shall be finished with a concrete
pad a minimum of five (5) feet by five (5) feet and at least three (3) inches thick.
The pad shall be finished above ground surface to allow surface water to drain
away from the wellhead. The surrounding ground surface should be sloped away
from the wellhead, if possible, to further prevent surface water from collecting at
the wellhead.
(d) Floridan Aquifer wells shall be drilled, maintained and repaired according to the
standards of Chapters 62-524 and 40C-3, Florida Administrative Code.
(e) The city shall notify the owner of any well that is not found to be in compliance
with the requirements of this section of the violation. Any private well not properly
constructed or maintained to reasonably prevent contamination from any other
aquifer to the Floridan Aquifer shall be abandoned, repaired or replaced. The
cost of abandonment, repair or replacement shall be the responsibility of the well
owner and/or the owner of the property on which the well is located. All private
faulty wells found to be out of compliance shall have ninety (90) days to either
perform those repairs necessary to bring the private well into compliance with
this section or to properly abandon the well pursuant to the appropriate standards
and procedures. Copies of inspection reports from the St. Johns River Water
Management District confirming that the well has been properly abandoned,
repaired or replaced shall be submitted to the city. If the work is not inspected by
the St. Johns River Water Management District, the city or their consultant shall
inspect the well to confirm that it has been properly abandoned, repaired or
replaced at the cost of the owner, and the abandonment, repair or replacement
shall be entered into a database of well -related information maintained by the
city. Failure to properly repair or abandon a private faulty well, pursuant to the
requirements of this section, shall be referred to the code enforcement board.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-268. Notice of release or spill of contaminants in wellhead protection areas.
The city shall send written requests to local hazardous release/spill responders to
immediately notify the public utilities department of any and all spills or releases in the water
service area. City staff shall determine if an incident has occurred within a wellhead protection
area. City staff shall notify the state warning point, Department of Environmental Protection, or
other regulatory agencies as required by law, depending on the nature and amount of the spill.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-269. Authority and responsibilities of the city.
The city shall have the following powers and duties:
(a) Administer and enforce the provisions of these wellhead protection regulations.
(b) Render all possible assistance and technical advice to private well owners,
except that the city shall not design or construct private facilities.
(c) Perform such other administrative duties as may be necessary.
(d) The city shall have the right to inspect privately -owned facilities.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
DIVISION 2. PROTECTION OF WETLAND, MARSH AND WATERWAY
RESOURCES
Sec. 24-270. Purpose and intent.
Sec. 24-271. Definitions.
Sec. 24-272. Environmental assessment and protection of wetlands and environmentally
sensitive areas.
Sec. 24-270. Purpose and intent.
The purpose and intent of this division is to provide regulations that contribute to the
protection of the vast coastal marsh, estuarine and wetland system associated with the Atlantic
Intracoastal Waterway and its tributaries in conjunction with the state and federal regulatory
agencies having jurisdictional authority over such resources. It is the express intent of the city
that no net loss of jurisdictional wetlands occur through any development action within the city.
Any impacted wetlands on a development site shall be replaced elsewhere on the same site or
elsewhere within the City of Atlantic Beach where replacement onsite is not possible to achieve
reasonable use of the property.
Where jurisdictional wetlands have been damaged or degraded over time through
previous development, storm events, improper drainage runoff or other adverse activities, but
where wetland vegetation and habitat still are predominant in quantity on a proposed
development site, all plans submitted for review or permitting shall demonstrate a plan for
mitigation, restoration, replacement, enhancement or recovery of jurisdictional wetlands in the
amount to be displaced by the proposed development.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-271. Definitions.
For the purposes of this division, the terms used herein shall have the meaning as set
forth within this division, and also within section 24-17 and where applicable and appropriate to
the context, chapter 23 of the Municipal Code, entitled Protection of Trees and Native
Vegetation, as well as those definitions as may be established by applicable state or federal
law. Specific to this division are the following terms:
Environmental assessment shall mean a study and a written report prepared in
accordance with the State of Florida's approved methodology for wetlands determination in
accordance with Section 373.421, Florida Statutes and Section 62-340.300 of the Florida
Administrative Code for verification and identification of environmental and habitat
characteristics. The environmental assessment shall include a delineation of onsite wetlands
and native upland habitat, as well as an identification of any protected animal species or habitat
found on the site. The city may accept an assessment prepared by a licensed environmental
professional and may also require the applicant to obtain a formal wetland determination by the
St. Johns River Water Management District.
Intertidal zone (or littoral zone) is the area along a shore that lies between the high and
low tide marks, bridging the gap between land and water. At high tide, the intertidal zone is
submerged beneath the water, and at low tide it is exposed to air.
Isolated wetland shall mean a wetland area that is not part of a surface water tributary
system and which is defined by the following characteristics:
(a) Non -navigable tributaries that do not typically flow year-round or have continuous
flow at least seasonally (e.g., typically at least three (3) months each year);
(b) Wetlands that are adjacent to such tributaries; and
(c) Wetlands that are adjacent to but that do not directly adjoin a relatively
permanent non -navigable tributary.
Mean high water line shall mean that line established by a Florida Professional Surveyor
and Mapper in accordance with Section 177.26, Florida Statutes, which establishes the
boundary line along navigable waters between submerged lands including the foreshore, owned
by the state in its sovereign capacity, and uplands which may be subject to private ownership.
Natural resource based recreation shall mean activities, such as kayaking, canoeing,
rowing, biking, hiking, bird -watching, fishing from small nonmotorized boats or the bank and
similar activities that do not involve motorized vehicles or watercraft, but that allow interaction
with nature in a manner that does not damage, disrupt of interfere with the natural setting of the
resource.
Upland buffer shall mean areas of upland surrounding a delineated jurisdictional wetland
boundary set aside from development. Such buffers protect wetlands from the impacts of
adjacent land use. Wetlands serve essential ecological functions such as reducing downstream
stormwater flow, recharging ground water, improving water quality and providing wildlife habitat.
Buffers help wetlands function by filtering storm runoff from surrounding development, trapping
sediment, absorbing nutrients, and attenuating high flows. Buffers also provide high quality
wildlife habitat areas and physically separate wetlands and estuaries from developed areas in
order to lessen noise, light and chemical pollution and other associated disturbances by
humans. Upland buffers shall remain substantially in their undisturbed and natural state as set
forth within following subsection (e) of this division.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-272. Environmental assessment and protection of wetlands and
environmentally sensitive areas.
(a) Environmental assessment required. The wetlands and the environmentally
sensitive areas maps (Map A-2 and A-4) as contained within the city's
comprehensive plan identify areas that are presumed to have wetlands or
significant environmental features. Where a development permit is sought in
such areas, an environmental assessment of the site and the potential for
impacts to the presumed resource shall be provided by the applicant seeking
such permit.
(b) Where the environmental assessment determines that natural jurisdictional
wetlands remaining on the site have been damaged or degraded over time
through previous development, storm events, improper drainage runoff or other
adverse activities, but where wetland vegetation and habitat are predominant in
quantity on a proposed development site, all plans submitted for review or
permitting shall demonstrate a plan for restoration, enhancement, mitigation or
recovery of remaining jurisdictional wetlands. Restated, it is the express intent of
the city that no net loss of jurisdictional wetlands occurs through any
development action within the city.
(c) Buffers required from wetlands. The following upland buffers shall be required,
except for lands adjacent to isolated wetlands. Upland buffers shall be measured
from the St. Johns River Water Management District or Florida Department of
Environmental Protection Wetland jurisdictional line.
(1) For development occurring following the March 8, 2010, effective date of
these amended land development regulations, a natural vegetative buffer
a minimum of fifty (50) feet in width shall be required and maintained
between developed areas and the tributaries, streams, or other water
bodies connected to the intracoastal waterway regardless of any other
regulatory agency requirement of a lesser distance. Such portions of
these tributaries, streams, or other water bodies subject to this buffer
requirement shall be established by the presence of a mean high water
line for the applicable tributary, stream or other water body.
(2) A natural vegetative buffer, which is a minimum width of twenty-five (25)
feet, shall be maintained between development and all other jurisdictional
wetlands not described in the preceding paragraph. In cases where the
minimum twenty -five-foot buffer is demonstrated to be unreasonable or
impractical, an averaged twenty -five-foot undisturbed buffer may be
provided.
(d) Exceptions to the upland buffer requirements.
(1) Man-made canals and stormwater facilities are not considered wetlands,
although in some cases, man-made navigable canals connected to
waters of the state are protected under these provisions or by regulations
of state or federal agencies. Man-made canals and ponds clearly
excavated in uplands are not considered wetlands and are exempt from
the wetland buffer regulations.
(2) Determinations of vested rights which may supersede the requirement for
the fifty -foot upland buffer shall be made on a case-by-case basis in
accordance with the land development regulations and applicable Florida
law.
(3)
Single-family lots of record platted prior to January 1, 2002, shall be
exempt from the fifty -foot wetland buffer requirement, but shall be subject
to the twenty -five-foot upland buffer requirement as described in
preceding subsection (c)(2).
(4) Waivers from the requirement to provide and maintain an upland buffer
may be requested in accordance with subsection 24-46(d) of this chapter,
and where such waiver is approved, a berm or swale to retain and filter
stormwater runoff from the lot shall be created.
(5)
Lots or portions of lots where a lawfully constructed bulkhead, retaining
wall, revetment, or the placement of rip -rap was in existence prior to the
enactment of these regulations shall be exempt from these buffer
requirements.
(e) Maintenance and permitted activities within upland buffers. To protect water
quality and wetland functions, it is crucial to limit contamination, disturbance and
clearing within upland buffer areas. It is the intent of the city that required upland
buffers shall be maintained in a substantially natural and undisturbed state. With
the exception of facilities to provide public access for the recreational use of
intracoastal related natural resources, any disturbance or clearing of required
upland buffers shall be in accordance with the following provisions. Native
vegetation removed or destroyed within the upland buffer is a violation of this
code, and the property owner shall be responsible for the restoration of the
upland buffer upon order of the code enforcement board.
(1) The following activities are expressly prohibited in any required upland
buffer:
a. Filling, dredging or soil compaction by heavy machinery;
b. Dumping of any kind including brush, tree and yard waste, weeds,
lawn clippings, animal or fish waste, litter and refuse of any type;
c. Removal of healthy native trees;
d. Clearing of any living native vegetation within the intertidal zone,
which typically includes marsh grasses and submerged aquatic
vegetation;
e. Installation of sod, irrigation, non-native vegetation of any type or
any type of plant materials typically requiring the use of lawn
pesticides and fertilizers or chemicals of any kind.
(2) The following activities are permitted within a required upland buffer
subject to obtaining a buffer alteration permit from the city:
a. Removal of invasive vegetation following documented verification
by the designated administrative official.
b. Clearing of understory vegetation as defined by chapter 23 of the
city's Municipal Code of Ordinances, and any such clearing shall
be approved by the city and if required, the appropriate state or
federal agency prior to any form of clearing, alteration or
disturbance of the required upland buffer.
c. Minimum clearing of upland and wetland vegetation necessary to
construct a properly permitted dock or other improvement to
provide lawfully entitled access to navigable waters in accordance
with a validly issued and unexpired permit from the City of Atlantic
Beach, the Florida Department of Environmental Protection, the
St. Johns River Water Management District, and other entity
having jurisdiction.
d. Activities for the owner or occupant's enjoyment including typical
backyard outdoor furniture, gazebos and screen structures not
exceeding one hundred (100) square feet in size without electrical
or plumbing service, but not swimming pools, spas or pool
houses, and provided that all other conditions of this section are
met.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
ARTICLE VI. CONCURRENCY MANAGEMENT SYSTEM
DIVISION 1. CONCURRENCY MANAGEMENT SYSTEM
Sec. 24-273. Purpose and intent.
Sec. 24-274. Administrative responsibility.
Sec. 24-275. Applicability.
Sec. 24-276. Projects not requiring a concurrency certificate.
Sec. 24-277. Application and review and approval requirements.
Sec. 24-278. Timing and completion of required public facility improvements.
Sec. 24-279. Capacity and level of service inventory.
Sec. 24-273. Purpose and intent.
(a) The purpose of a concurrency management system is to provide the necessary
regulatory mechanism for evaluating development orders to ensure that the level
of service standards, as set forth within the adopted comprehensive plan of the
City of Atlantic Beach, as may be amended, are maintained. The system consists
of three (3) primary components: 1) an inventory of existing public facilities for
which concurrency is to be determined, 2) a concurrency assessment of each
application for a final development order, and 3) a schedule of improvements
needed to correct any existing public facility deficiencies.
(b) The intent of this system as expressed by the Florida Legislature is to: Ensure
that issuance of a development order is conditioned upon the availability of public
facilities and services necessary to serve new development (Rule 9J-5.0055,
Florida Adiministrative Code.) However, development orders may be conditioned
such that needed public facility improvements will be in place concurrent with the
impacts of the proposed development.
(c) The terms development order and development permit, including any building
permit, zoning permit, subdivision approval, rezoning, special exception,
variance, or other official action of the local government having the effect of
permitting the development of land, may be used interchangeably within these
land development regulations and shall have the meaning as set forth in section
24-17 of this chapter and within Florida Statutes.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-274. Administrative responsibility.
(a) The city manager, or the city manager's designee, shall be responsible for the
three (3) primary tasks required to implement the concurrency management
system. These three (3) tasks are:
(b)
(Ord. No. 90-
(1) Maintaining an inventory of existing public facilities and capacities or
deficiencies;
(2) Providing advisory concurrency assessments and recommending
conditions of approval to the city commission for those applications for
development orders which require city commission approval; and
Reporting the status of all public facilities covered under this system to
the city commission during the annual budget process and to the
department of community affairs, as may be required.
The city manager, or the city manager's designee, shall also collect and make
available to the public information on those facilities listed in the capital
improvements element of the comprehensive plan. This information shall be
updated yearly and shall be available during the annual budget preparation
process.
(3)
10-212, § 2(Exh. A), 3-8-10)
Sec. 24-275. Applicability.
Prior to the approval and issuance of a development order, all applications shall be
reviewed for concurrency consistent with the provisions and requirements of this concurrency
management system. Development orders may be issued only upon a finding by the city that
the public facilities addressed under the concurrency management system will be available
concurrent with the impacts of the development in accordance with state statutes and rules
relating to concurrency.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-276.
Projects not requiring a concurrency certificate.
(a) Development orders, including building permits issued for single-family and
two-family residential development upon existing lots of record, and those issued
solely for alteration, remodeling, reconstruction, or restoration of residential units
provided that such permits do not authorize an increase in the number of
dwelling units; and for nonresidential uses, those permits that do not authorize an
increase in the square feet of the development shall be deemed no impact
projects and shall not require a concurrency certificate. It shall be the applicant's
responsibility to demonstrate and certify this provision in accordance with
concurrency review procedures.
(b) Applications for development orders for projects, which are deemed to have no
impact upon public facilities and services as defined in the preceding paragraph
or projects which have acquired statutory or common law vested rights, shall not
require a concurrency certificate. It shall be the applicant's responsibility to
demonstrate and certify consistency with this provision in accordance with
concurrency review procedures.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-277. Application and review and approval requirements.
(a) The city shall provide administrative procedures to implement the concurrency
management system. The provisions and requirements of the concurrency
management system shall apply only to those facilities listed in the capital
improvements element of the comprehensive plan.
(b) All applicants for development orders shall be required to provide information as
deemed necessary by the city so that the impacts of the proposed development
may be accurately assessed.
(c) Where a determination of available concurrency is made, a concurrency
certificate shall be issued setting forth terms and conditions of the approval. In
the case that a concurrency certificate is revoked, denied or expires, the capacity
reserved for that project is released for use.
(d) Once a concurrency certificate is issued, any change in land area, use, intensity,
density or timing and phasing of the approved project, which results in increased
impacts to public facilities and services shall require modification to the
concurrency certificate in accordance with established procedures.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-278. Timing and completion of required public facility improvements.
In order to ensure that all public facilities included within this concurrency management
system are available concurrent with the impacts of development, concurrency shall be
determined during the review and approval process as applicable for the proposed development
and prior to the issuance of a final development order. All final development orders shall specify
any needed improvements and a schedule for their implementation consistent with the
requirements of this article. Thus, while some required improvements may not have to be
completed until a certificate of occupancy is applied for, the requirements for the certificate of
occupancy, or functional equivalent, shall have previously been established as a binding
condition of approval of the original final development order. If a development proposal cannot
meet the test for concurrency, then it may not proceed under any circumstances, and no
development orders may be issued. Likewise, if a development fails to meet a condition of
approval once it has commenced, then no additional development orders, permits, or
certificates of occupancy shall be issued.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-279. Capacity and level of service inventory.
The city manager, or the city manager's designee, shall collect and make available to the
public as may be requested, information on capital facilities as identified within the capital
improvements element of the adopted comprehensive plan. The information shall be available
during the annual budget preparation process. The provisions and requirements of the
concurrency management system shall apply only to those facilities as listed within the
comprehensive plan. The following data shall be maintained and shall be used for the purpose
of concurrency assessment of the impacts of new development:
(a) Sanitary sewer.
(1) The design capacity of the wastewater treatment facilities.
(2) The existing level of service measured by the average number of gallons
per day per unit based on the average flows experienced at the treatment
plant and the total number of equivalent residential units within the
service area.
(3) The adopted level of service standard for average daily flow per
equivalent residential unit.
(4) The existing deficiencies of the system.
(5) The capacities reserved for approved but unbuilt development within the
service area of the system.
(6) The projected capacities or deficiencies due to approved but unbuilt
development within the city or the service area of the system.
(7) The improvements to be made to the facility in the current fiscal year by
the city and the impact of such improvements on the existing capacities or
deficiencies.
(8) The improvements to be made to the facility in the current fiscal year by
any approved developments pursuant to previous development orders
and the impact of such improvements on the existing capacities or
deficiencies.
(b) Potable water.
(1) The design capacity of the city's potable water supply.
(2) The existing level of service measured by the average daily flow in
gallons per unit based on the total number of equivalent residential units
within the service area.
(3) The adopted level of service standards for the potable water system.
(4) The existing capacities or deficiencies of the system.
(5) The capacities reserved for approved but unbuilt development within the
city and the service areas.
(6) The improvements to be made to the facility in the current fiscal year by
an approved development pursuant to previously issued development
orders and the impact of such improvements on the existing capacities or
deficiencies.
(7)
The improvements to be made to the facility in the current fiscal year by
the city and the impact of such improvements on the existing capacities or
deficiencies.
(c) Solid waste disposal.
(1) The design capacity of solid waste disposal facilities located in the city.
(2) The existing level of service measured by the amount of solid waste
collected and requiring disposal on a per capita basis.
(3) The adopted level of service standard for solid waste.
(4) The capacities required for approved but unbuilt development.
(5)
The projected restraining capacities or deficiencies due to approved but
unbuilt development.
(6) The improvements to be made to the system in the current fiscal year by
any approved developments pursuant to previous development orders
and the impact of such improvements on the existing capacities or
deficiencies.
(d) Stormwater and drainage.
(1) The existing level of service measured by storm events as determined by
the city. The adopted level of service standards for stormwater and
drainage.
(2) The improvements to be made to the system in the current fiscal year by
any approved developments pursuant to previous development orders
and the impact of such improvements on the existing capacities or
deficiencies.
(3)
The improvements to be made to the system in the current fiscal year by
the city and the impact of such improvements on the existing capacities or
deficiencies.
(4) The improvements scheduled by the city as part of the continuing
implementation of the city's master stormwater plan, as may be updated.
(e) Recreation and open space.
(1) The existing supply of recreation and open space lands and the adequacy
of recreational facilities as outlined in the recreation and open space
element of the comprehensive plan.
(2) The existing level of service measured by the total acreage and facilities
available per the appropriate number of residents of the city based on a
current inventory of acreage and facilities in the city, or serving the city
and the population of the city.
The adopted level of service standards for park and open space lands
and the acreage and individual recreation facilities as outlined in the
recreation and open space element of the comprehensive plan.
(4) The existing capacities or deficiencies of the recreational facilities system
with consideration given to changing demographics and changing
recreational trends.
(3)
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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
this Code
1-1 1-1
1-2 1-2
1-3 1-3
1-4 1-7
1-5 1-8
1-6 1-11
2-1 2-41
2-1.2(a) 15-16
2-1.2(b) 15-17
2-1.2(c) 15-18
2-1.2(d) 15-19
2-1.2(f) 15-20
2-1.2(g) 15-21
2-1.3 14-22
2-2 2-16, 2-17
2-4 2-18
2-5 2-19
2-6 14-16
2-7 14-17
2-8 14-18
2-9 14-19
2-10 14-20
2-11 14-21
3-1 3-2
3-2 3-3
3-3 3-4
3-4 3-5
3-5 3-9
3-6 3-10
3-7 3-11
3-8 3-12
4-1 4-4
4-2 4-21
4-3 4-22
4-4(a) 4-23
4-4(b) 4-24
4-4(c) 4-25
4-4(d) 4-26
4-4(e) 4-27
4-5(a)—(c) 4-29
4-5(d) 4-28
4-6(a) 4-1
4-6(b) 4-2
4-6(c) 4-3
4-7(a) 4-5
4-7(d) 4-6
7-4(e), (f) 4-7
4-7(h) 4-8
5-1 5-1
5-2 5-2
5-3 5-3
5-4 5-4
5-5 5-16
5-6 5-17
5-7 5-18
6-8 6-16
6-10 6-17
6-12 6-106
6-13 6-107
6-14 6-108
6-15 6-109
6-16 6-110
6-17 6-111
7-4 6-32
7-5 6-33
7-6 6-34
7-7 6-35
7-8 6-36
7-10 6-38
7-11 6-39
7-12 6-40
8-1 2-311
8-9 2-339
8-10 2-340
8-14 20-16
8-15 20-17
8-16 20-18
8-17
8-18
9-2
9-3
9-4
9-6
9-7
9-8
9.1-1
9.1-2
9.1-3
9.1-4
9.1-5
9.1-6
9.1-7
9.1-8
9.1-9
9.1-10
9.1-11
10-1
10-1.1
10-2
10-3
10-5
11-1
11-3
11-4
11-5
11-6
11-7
11-8
12-1
12-2
12-3
12-4
12-5
12-6
12-7
12-8
20-19
20-20
7-1
7-16
7-17
7-18
7-19
7-20
8-2
8-1
8-3
8-6
8-11
8-7
8-8
8-9
8-5
8-10
8-4
20-53
20-54
20-55
20-56
20-59
21-1
21-36
21-38
21-37
21-39
21-41
21-40
11-1
11-3
11-2
11-4
11-5
11-6
11-7
11-8
12-9
12-10
14-2.1
14-7
14-16
14-17
16-4
16-5
16-6
16-7
16-8
16-9
16-10
16-11
17-1
17-4
17-11
17-12
17-13
18-1
18-2(a)—(d)
18-2(e)
18-2(1)
18-3
18-4
18-5
18-8
18-9
20-1
20-2
20-3
20-4(a)—(i)
20-4(j)
20-4(k)
20-5
20-6
20-7
20-8
20-10
11-9
11-10
2-317
13-2
13-1
13-3
2-241
2-242
2-243
2-244
2-245
2-246
2-247
2-248
6-56
6-57
6-58
6-59
6-60
16-1
16-2
16-3
16-8
16-4
16-5
16-6
16-9
16-10
17-1
17-2
17-31
17-32
17-35
17-33
17-34
17-3
17-4
17-5
17-7
20-11
20-12
20-13
20-14
20-15
20-16
20-17
20-18
20-19
20-21
20-22
20-24
21-1
21-2
21-3
21-4
21-5
21-6(d)
21-7
22-1
22-2
22-4
24-4
26-1
26-2
26.1-1
26.1-2
26.1-3
26.1-4
27-1
27-2
27-3
27-4
27-5
27-6
27-7
27-8
27-9
27-10
17-6
17-8
17-9
17-10
17-11
17-12
17-13
17-14
17-15
17-16
17-2
17-17
18-1
18-17
18-18
18-19
18-20
18-16
18-21
19-1
21-2
19-2
6-92
10-1
10-2
23-16
23-17
23-18
23-19
22-16
22-17
22-18
22-19
22-20, 22-21
22-22
22-23
22-24
22-25
22-26
27-11 22-26
27-12 22-28
27-13 22-29
27-14 22-30
27-15 22-31
27-16 22-32
27-17 22-33
27-18 22-34
27-19 22-35
27-20 22-36
27-21 22-37
27-22 22-38
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. This table contains
some ordinances which precede October 8, 1979, but which were never included in the
1970 Code, as supplemented, for various reasons. Ordinances not listed herein have
been omitted as repealed, superseded, or not of a general and permanent nature.
Ordinance Adoption Section Section
Number Date 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
57-78-7
57-79-8
95-79-18
95-80-19
10-80-13
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
9-25-78 B 2-41
C 2-51
D 2-52
E 2-53
F 2-61
G 2-62
H 2-63
6-11-79 11.30 21-36
10- 8-79 2 24-160
2-25-80 2 13-4
3 13-5
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
11 9-17
III 9-23
IV 9-18
V 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
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
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(1, B) 24-1
2(1, C) 24-2
2(1, D) 24-3
2(1, G) 24-4
2(11, A) 24-16
2(11, B) 24-17
2(111, A) 24-31
2(111, B, 2) 24-47
2(111, B, 3) 24-48
2(111, B, 4) 24-49
2(111, C, 1) 24-61
2(111, C, 2) 24-62
2(111, C, 3) 24-63-24-66
24-63
2(111, V, 1) 24-46
2(111, E, 1) 24-81
2(111, E, 2) 24-82
2(111, E, 3) 24-83
2(111, E, 4) 24-84
2(111, E, 5) 24-85
2(111, F, 1) 24-101
2(111, F, 2) 24-102-24-112
2(111, G, 1) 24-126-24-136
2(111, H, 1) 24-151
2(111, H, 2) 24-152
2(111, H, 3) 24-153
2(111, H, 4) 24-155
2(111, H, 5) 24-156
2(111, H, 6) 24-157
2(111, H, 7) 24-158
2(111, H, 8) 24-159
2(111, H, 9) 24-161
2(111, H, 10) 24-162
2(111, H, 11) 24-163
2(111, H, 12) 24-164
2(111, H, 13) 24-165
2(111, H, 14) 24-166
2(111, H, 15) 24-167
2(111, H, 16) 24-168
2(111, H, 17) 24-169
2(111, H, 18) 24-170
2(IV, A, 1) 24-186
2(IV, A, 2) 24-187
2(IV, 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(IV, 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) 324-258
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
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. I I , § 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
Z61. -ZZ (Z § `XI '.b)I
1.61 --ZZ 4 § `XI 'Pv)I
9L1. -ZZ
891. -ZZ
1711. -ZZ
ELI --ZZ
ZL L --ZZ
1.L1. -ZZ
OLI--ZZ (9 § `IIIA 'ib)I
691. -ZZ (17 § 'IIIA 1-1v)I
L91. -ZZ
991 --ZZ (i § 'IIIA 'Pv)I
1791. -ZZ (17 § 'IIA ' `d)I
C91. -ZZ
E91 --ZZ (E § 'IIA '`d)1
291. -ZZ (Z § `IIA 'PO
1.51. -ZZ (1. § 'IIA 'PO
L9 -ZZ (1. § 'IA 'Pv)I
9Z1. -ZZ (t- § 'A 'Pb) I
9C1. -ZZ (o I. § 'A i-'v)I
9C1. -ZZ (6 § 'A 'POI
17E1. -ZZ (8 § 'A 'ib)I
£E 1. -ZZ (L § 'A i-'v)I
ZE 1. -ZZ (9 § 'A i-'v)I
1.E1. -ZZ (9 § `A 'PO
0£1. -ZZ (17 § 'A ' `d)I
6Z1. -ZZ (£ § 'A i-'v)I
8Z1. -ZZ (Z § 'A 'POI
LZ 1 --ZZ 4 § 'A ' `d)I
1.1.1. -ZZ 41. § 'Al 'PO
o 1. -ZZ (o I. § 'Al 'PO
601• -ZZ (6 § 'Al 'ib)I
801• -ZZ (8 § 'Al '1J`91)I
L01. -ZZ (L § 'Al 'PO
901• -ZZ (9 § 'Al '1J`91)I
901. -ZZ (9 § 'Al ' `d)I
1701. -ZZ (17 § 'Al 'POI
1.01. -ZZ (£ § 'Al 'POI
E01 --ZZ (z § 'Al 'PO
Z01 --ZZ 4 § 'Al ' `d)I
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 15-21
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
45-84-6 9-24-84 1 20-51-20-59
47-85-2 2-11-85 Adopting Ordinance, p. vii
95-85-26 2-25-86 2-141, 2-142
2-146, 2-149
2-151
75-85-4 3-11-85 1 21-24(a)
80-85-25 3-11-85 1 22-22
80-85-27 4- 8-85 1 22-28(2)
90-85-91 7- 8-85 1 24-17
90-85-92 7- 8-85 1 24-161(e)(1)
58-85-5 7-22-85 1 2-290
10-85-16 9-23-85 1 Rpld 3-10
Rnbd 3-11, 3-12
as 3-10, 3-11
90-85-95 10-14-85 1 24-17
2 24-233
90-85-96 10-14-85 1 24-109-24-112
80-85-28 11-11-85 1 22-166
2 22-167
3 22-176-22-180
55-85-21 12- 9-85 1 16-1
2 16-2
3 16-7
80-85-29 12- 9-85 1 22-40, 22-41
95-85-27 12- 9-85 1 14-17, 14-18,
14-21
5-85-15 1-13-86 1 2-367
2-368
2 22-22, 22-174
58-85-6 1-13-86 1 2-271
90-85-97 1-13-86 1 24-63(1)
(2), (5)
2 24-64(2)
90-85-98 1-13-86 1 24-110
5-86-14 1-27-86 1 2-79-2-83
25-86-17 2-24-86 1 6-18-6-28
90-86-100 2-24-86 1 24-151(b)(3)
2 24-164(2)b
80-86-30 3-24-86 1 22-166
95-86-28 3-24-86 1 13-6, 13-7
57-86-11 4-14-86 1 5-17, 5-18
5-86-16 5-27-86 1 2-333
75-86-5 5-27-86 1 21-38(7)
80-86-31 6-23-86 1 22-166
2 22-167
90-86-104 6-23-86 1 24-104(c)(4),
24-111
90-86-102 7-14-86 1 24-17
2 24-84, 24-86
90-86-105 7-14-86 1 24-17
2 24-84
3 24-157
95-86-30 7-28-86 1 4-22
2 4-23, 4-24
3 4-26
4 4-30
90-86-108 9- 8-86 1 24-111(c)(10)
5-86-17 10-27-86 1 2-226
90-86-103 11-10-86 1 24-113
80-86-33 11-24-86 1 22-23
25-86-19 12- 8-86 1 6-20(b)(4),
6-21
95-86-31 12- 8-86 1 14-17
5-86-18 1-12-8 1 2-368
45-86-7 1-12-87 1 20-59
58-86-7 1-12-87 1 2-266-2-270
90-86-113 1-12-87 1 24-104-
24-108
2 24-109, 24-110
47-86-3 1-26-87 1 Rpld 14-1, 14-16-
14-22
2 Added 14-1, 14-16-
14-28
90-87-117 3- 9-87 1 24-17,
24-47(6), (10),
24-48, 24-49
25-87-20 3-23-87 1(Art. 1, §§ 8-1.01, 8-1, 8-2
8-1.02)
1(Art. 1, §§ 8-1.04, 8-3, 8-4
8-1.05)
1(Art. 2) 8-5
1(Art. 3, §§ 8-3.01, 8-6, 8-7
8-3.02)
1(Art. 3, § 8-3.03) 8-23
1(Art. 3, §§ 8-8-8-12
8-3.04-8-3.08)
1(Art. 4, § 8-4.01) 8-21
1(Art. 4, § 8-4.02) 8-24
1(Art. 4, § 8-4.03) 8-22
1(Art. 4, § 8-4.04) 8-25
1(Art. 5, §§ 8-31-8-35
8-5.01-8-5.05)
90-87-118 3-23-87 1 24-63(3)
90-87-119 4-27-87 1 24-161(i)
80-87-34 6-22-87 1 22-166(b)
80-87-35 9-28-87 1 22-169
5-87-19 9-28-87 1 2-368
90-87-124 10-12-87 1 24-164(2)(a)
58-87-8 10-26-87 1 2-281
2 2-298
58-87-10 11-23-87 1 2-273
2-276(b)
2-277(d)
2-278(b)
2-279(b)
2-283
2-284(a)
90-87-127 1-11-88 1 24-188(c)
90-88-128 1-25-88 1 24-86
80-88-38 3-14-88 1 22-167
80-88-39 3-14-88 1 22-18(c)
95-88-34 3-14-88 1, 2 2-1
95-88-33 4-25-88 1 4-6, 4-7
2 4-22
3 4-23
4 4-25
5 4-26
80-88-40 6-13-88 1 22-167(b)
90-88-132 7-25-88 1 24-109
58-88-12 8- 8-88 1 2-285
90-88-134 8- 8-88 1 24-110
75-88-7 9-12-88 1 21-24(a)
95-88-35 9-26-88 1 5-31
90-88-136 10-24-88 1 24-188(c)
55-88-22 11-28-88 1 16-7(1)—(3)
58-88-13 11-28-88 1 2-262
2-279
2-283
2-285
2-298(c)
5-88-20 12-12-88 1 2-19(7)
60-88-5 1-11-89 1 17-1(6), (11)
57-89-13 2-13-89 1 13-8, 13-9
57-89-14
90-88-138
57-89-15
90-89-141
25-89-21
25-89-22
95-89-40
90-89-146
80-89-42
95-89-42
95-89-43
95-89-44
75-90-8
57-90-16
95-90-46
45-90-8
90-90-151
90-90-153
55-90-23
95-90-48
45-91-9
80-90-43
59-91-14
58-91-15
80-90-44
95-91-49
90-91-155
57-91-17
95-91-50
55-91-24
80-91-45
2-27-89 1-7 13-151-
13-158
3-27-89 1 24-159
4-24-89 1 7-16
4-24-89 1 24-157(a)
6-12-89 1 6-120
6-12-89 1 6-16
6-12-89 1-9 2-161-2-169
8-28-89 1 24-159
9-11-89 1 22-170
9-11-89 1 13-10
1- 8-90 1 12-1(b)(9)
1- 8-90 1 23-16-23-27
2-26-90 1 21-17(7)
5-29-90 1 2-51
5-29-90 1 8-1, 8-2(4)
2 18-21(6)
6-25-90 1 20-52
20-52.1
20-54(a)
20-59
6-25-90 1 24-17
8-28-90 1 24-82(b)
10-22-90 1 16-1
2 Added 16-11
12-13-90 1 14-1(a)
1-28-91 1 20-59
4- 8-91 1.0-5.0 22-301-22-310
4- 8-91 1 2-276(a)(2), (c)
4-22-91 1 2-262
2-270(5)
2-272
4-22-91 1.0-5.0 22-331-22-337
6-10-91 1 4-6
7-22-91 1 24-17
9-26-91 1 Added 15-22
50-28-91 1 Added 2-2
11-25-91 1, 2 16-7(4), (5)
12-16-91 1 22-28
2, 3 22-166, 22-167
55-92-25 1-10-92 1 16-7(4)
58-92-17 1-27-92 1 2-90(c)(2)
95-92-51 2-10-92 1 4-23, 4-24
75-92-9 2-24-92 1 21-22
2 Added 21-27
5-92-22 4-13-92 1 2-331
45-92-10 4-13-92 1 20-59
55-92-26 4-13-92 1 16-1-16-15
57-92-18 4-13-92 1-5 Added 21-50-21-54
90-92-157 5-26-92 1 24-17
95-92-52 5-26-92 1 Added 13-11
80-92-46 6-22-92 1 22-171
80-92-48 7-27-92 1 22-18(e)
58-92-18 9-28-92 1 2-281(c)
80-92-49 9-28-92 1 6-18(1), (2)
2 6-18(3), (4)
35-92-7 10-12-92 1 2-315
80-92-50 10-12-92 1 22-42, 22-43
25-92-23 11- 9-92 1 6-16
6-31
6-56
6-76
6-91
6-120
6-141
6-161
7-16(a)
80-92-51 11-23-92 1 Rnbd 22-16-22-21
As 22-14-22-19
2 22-20-22-29
3 22-166-22-174
55-92-27 1-11-93 1 16-8
65-93-22 1-25-93 1 19-3
5-93-23 2- 8-93 1 2-317
2 2-368
10-93-17 2- 8-93 1 3-2
35-93-8 2- 8-93 1 2-318
57-93-19 2- 8-93 1 2-63
95-93-55 3- 8-93 1, 2 18-18, 18-19
33-93-5 3-22-93 1 2-21
95-93-57 6-28-93 1 4-7(b)
95-93-58 6-28-93 1 18-1-18-9
70-93-11 7-26-93 1 20-51
25-93-24 9-13-93 1 6-35(c)
2 6-60
58-93-19 9-27-93 1 2-271
80-93-52 9-27-93 1 22-1, 22-2
5-93-24 10-25-93 1 2-368
58-93-19A 10-25-93 1 2-276(b)
2-279(a)
2-281
2-298(a), (b)
25-93-25 12-13-93 1 6-61
5-94-25 1-24-94 1 2-226
45-94-11 6-27-94 1 20-51
2 20-59
60-94-8 7-25-94 1 Added 17-1
Rnbd 17-1
As 17-1.1
95-94-61 9-12-94 1 18-1-18-9
80-94-53 11-28-94 1 22-74
2, 3 22-90, 22-91
4 Added 22-92
10-94-19 12-12-94 1 3-11
25-95-26 2-13-95 1 6-31
80-95-55 2-27-95 2 22-20
22-22
Added 22-27.1
3 22-166, 22-167
22-174
55-95-29 5- 8-95 1 16-1-16-16
58-95-20 6-12-95 1 2-279(a)
25-95-27 7-10-95 1 6-17
2 Added 6-23(h)(5)
3 6-35(c)
6-60
35-95-9 9-25-95 1 2-73
95-95-65 12-11-95 1 Added 24-176, 24-177
5-95-26 1- 8-96 1 2-41
95-95-64 2-12-96 1 23-15-23-17
23-19
23-22
23-25
58-96-21 2-12-96 1 2-279(a), (b)
2-298(a)
Added 2-298(d)
Added 2-299
80-96-57 2-12-96 1 22-29
2 22-174
5-96-27 3-25-96 1 2-146(a)
2-147-2-151
25-96-28 4-22-96 1(1) 6-16
1(2) 6-31
1(3) 6-56
1(4) 6-76
1(5) 6-91
1(6) 6-120
1(7) 6-141
1(8) 6-161
1(9), (10) 6-16
1(11) 7-16(a)
2 Rpld 6-17
95-96-66 5-28-96 1 4-1, 4-2
4-7(a)
2 Added 4-9,
4-27(b)
3 Rpld 4-6,
4-8
95-96-67 6-10-96 1 Added 19-4
25-96-29 9-23-96 6-24(b)
95-96-68 10-28-96 1 Added 5-8
80-96-58 10-28-96 1 22-27.1
80-96-59 10-28-96 1 Added 22-3
5-96-28 11-11-96 1 Added 2-336(8)
10-97-20 1-27-97 1 3-2(a)(2)
5-97-29 2-24-97 1 Added 2-19(25)
45-97-12 2-24-97 1 Added 24-159(c)
58-97-22 2-24-97 1 2-298(a)
60-97-9 2-24-97 1 Added 17-18
75-97-12 3-24-97 1 21-22(a), (b)
2 Added 21-22(c)
58-97-23 7-14-97 1 Added 2-281(d)
2 2-298
60-97-10 7-14-97 1 17-1-17-17
17-31-17-35
57-97-20 8-11-97 1 Rpld 7-1,
7-16-7-20
Added 7-1, 7-2,
7-16-7-42
55-97-30 8-25-97 1 Added 16-8(3)
58-97-24 9- 8-97 1 2-298(a)
70-97-12 9-22-97 1 20-52.1
20-54(b)
25-98-30 6-22-98 1 6-16
6-56
6-76
6-91
6-120
6-141
6-161
7-18
45-98-13 7-13-98 1 20-59
70-98-13 8-10-98 1 20-51
95-98-69 10-26-98 1 Added 4-10
4-21
Added 4-22(d)
4-23-4-25
4-26(c)
4-27
Rpld 4-28
4-29, 4-30
58-98-25 11-23-98 1 2-262
2 2-264
3 2-267
4 2-268(a)
5 2-270(2)
6 2-270(4)
7, 8 2-270(6), (7)
9 2-271(b)
Added 2-271(c)
10 2-274
11 Added 2-275(a)(3)
12 2-276(a)
13 2-276(c)
14 Rpld 2-277
15 2-278(a)
16, 17 2-279, 2-280
18 2-282
19 2-283(b)
20 2-284
21 Added 2-285(c)
22 2-286
23 Rpld 2-287
24 2-288
25 Rpld 2-289
26 2-290
27 2-292
28 Rpld 2-293
29 2-295
30-32 2-296-2-298
75-98-13 12-14-98 1 Added 21-60-21-66
5-99-32 12-14-99 1 2-311-2-317,
2-331-2-339
Rpld 2-318
58-99-27 11- 8-99 1 2-262, 2-263,
2-266, 2-267,
2-276-2-281,
2-284, 2-291, 2-298
90-99-168 6-28-99 1 24-157(a)
95-99-70 6-28-99 1 4-8, 4-10,
4-11-4-13
2 4-30
95-99-72 12-14-99 1 5-31
60-97-9 2-24-97 1 Added 17-18
25-00-31 2-28-00 1 6-31
80-00-61 5-22-00 1 22-74
70-00-14 6-26-00 1 Added 20-80-20-84
58-99-26 7-10-00 1 2-262, 2-263, 2-266,
2-267, 2-271, 2-272,
2-275,
2-278-2-281,
2-284, 2-288, 2-290,
2-291, 2-298
2 Added 2-300-2-310.29
75-00-14 7-10-00 1 21-19, 21-25(2)
45-00-14 7-24-00 1 20-59
95-00-73 3-27-00 1 23-17(e)
95-00-76 8-14-00 1 Dltd 11-1-11-10
Added 11-1-11-6
5-00-33 8-28-00 1 2-20
45-00-15 9-11-00 1 20-59
80-00-62 9-25-00 1 22-20
2 22-27
3 22-27.1(a)
4 22-166
5 22-167
95-01-77 1-22-01 1 4-30
80-01-63 2-26-01 1, 2 Added 22-4, 22-5
90-01-170 2-26-01 1 24-167
5-01-34 5-28-01 1 2-361
5-01-35 6-11-01 1 2-80, 2-81
Dltd 2-82
2 Added 2-84-2-87
01-15(Res.) 7- 9-01 1 21-51
58-01-28 10- 8-01 1 2-281(b)
2 2-310.10(b)
5-01-36 11-12-01 1 2-19
90-01-172 11-26-01 2 Added 24-1-24-258
3 Rpld 24-1-24-258
60-01-11 12-10-01 1 17-17
45-01-16 1-14-02 1 20-59
80-01-64 1-14-02 1 22-3
2 22-4
10-02-21 1-28-02 1 3-2
90-02-174 2-11-02 1 24-163(b)(2)
05-02-37 7- 8-02 1 2-2
70-02-15 8-12-02 20-76, 20-77
60-02-12 9- 9-02 2 Added 17-1-17-64
3 Rpld 17-1-17-35
90-02-176 9- 9-02 1 24-66
5-02-38 9-23-02 1 2-368
25-02-33 9-23-02 1 6-37
2 6-59
3 6-77
80-02-65 9-23-02 2 22-335(a)
90-02-177 9-23-02 1 Added 24-69
5-02-39 10-14-02 1 2-20
95-02-79 10-14-02 1-5 Added 23-46-23-50
25-02-32 11-11-02 1 Rpld 6-16-6-23,
6-25-6-28, 6-31,
6-56, 6-76, 6-91,
6-92, 6-141
2 Added 6-16, 6-17
95-02-80 11-11-02 1 12-1(b)
5-02-40 12- 9-02 2-226
95-03-83 1-27-03 1 5-1-5-31
95-03-82 1-27-03 1 Added 5-32
80-02-66 1-27-03 1 22-20
2 22-22
90-03-178 1-27-03 1 Added 24-171
60-03-13 3-24-03 2 17-51
90-03-180 3-24-03 24-67(d)
65-03-32 4-14-03 1 Added 19-5
5-03-41 4-28-03 1 2-316
90-03-182 5-12-03 1 Dltd 24-186-24-258
Added 24-186-24-260
95-03-84 5-27-03 1 Added 13-12
57-03-21 6- 9-03 1 Rpld 15-16, 15-17
15-19-15-22
75-03-15 6- 9-03 1 Added 19-6
45-03-17 6-23-03 1 20-59
5-03-42 7-14-03 1 2-141(a), 2-142
2 14-18, 14-19
3 23-19(b)
Added 23-20
60-03-14 7-14-03 17-27, 17-29, 17-64
25-03-34 9-22-03 1 8-5, 8-7, 8-33
2 8-5, 8-33(c)
80-03-67 9-22-03 1 22-27
2 22-166
3 22-167
4 22-174
5 22-29
6 22-4
7 22-2
95-03-85 10-13-03 1 4-11(2), 4-23, 4-24,
4-30(b)(3)
2 4-11, 4-30
3 Rpld 4-22
90-03-184 12- 8-03 2 24-1-24-260
5-04-43 2-23-04 Dltd 2-226
58-04-29 3- 8-04 2-262, 2-263,
2-265-2-267,
2-270, 2-271,
2-275-2-284,
2-288, 2-292,
2-294, 2-302,
2-304, 2-309,
2-310,
2-310.5-2-310.13,
2-310.16, 2-310.18,
2-310.19, 2-310.26,
2-310.27
Dltd 2-310.29
25-04-35 3- 8-04 Added 6-18
10-04-22 5-10-04 2 Rpld 3-1-3-11
(Exh.A) Added 3-1-3-9
25-04-36 6-14-04 1 8-33(d)(e)
95-04-87 6-14-04 1 Added 13-13
90-04-185 6-28-04 1 Added 24-172
25-04-37 7-26-04 1 Added 6-25
95-04-88 7-26-04 12-1, 12-2
Dltd 12-3
80-04-68 7-26-04 1 22-27.1(b)
80-04-69 7-26-04 1 22-27
2 22-166, 22-167
Dltd 22-176-22-180
65-04-33 9-13-04 1 19-5
75-04-16 9-13-04 1 21-1-21-59
75-04-17 10-11-04 1 21-17(g)(2),
21-38(h)
60-04-15 1-10-05 2 17-29(a)(3)
80-05-70 2-14-05 1 Added 22-4(e), (f),
Rpld 22-31
80-05-71 3-14-05 1 Rpld 22-28(2),
22-30
58-05-30 4-11-05 1 2-281, 2-298
95-05-89 4-11-05 1 5-32
95-05-186 4-11-05 1 24-151
65-05-34 8- 8-05 1 Added 19-7
5-05-44 9-26-05 1 2-141(a)
80-05-72 9-26-05 1 22-27, 22-166
22-167
57-05-22 10-10-05 1 Added 13-161
5-06-45 2-27-06 1 2-20
90-06-189 2-27-06 1 24-102
Added 24-103.5
90-06-188 3-13-06 1 24-17
5-06-46 4-10-06 1 Added 2-131
95-06-90 4-10-06 1 4-11(2)(d)
95-06-91 4-10-06 1 Added 5-33
58-06-31 4-24-06 1 2-298
90-06-193 5-22-06 1 24-17
2 Added 24-82(1)
90-06-195 9-11-06 1 Added 24-173
45-06-18 9-25-06 1 Ch. 20, Art. 111, title
20-52-20-57
2 20-51
3 20-59
4-6 20-76-20-78
80-06-73 9-25-06 1 22-27, 22-166,
22-167
90-06-196 11-13-06 1 24-173(c)
90-06-197 12-11-06 1 24-111
90-07-198 1- 8-07 1 Added 24-261-24-268
95-07-92 2-12-07 1(a) 23-15(5), (7)
(b) 23-16
(c) 23-17(b)(2)c., (d)(1),
(2),
(e)(2), (g)(3)c.
2 Added 23-17(g)(3)d.
95-07-93 2-26-07 1(5-32) Added 5-34
55-07-31 3-26-07 Rpld 16-1-16-15
Added 16-1-16-32
90-07-199 4-23-07 1(Exh. A) Added 24-269-24-284
90-07-200 7- 9-07 1 24-156
2(Exh. A) 24-161
90-07-201 8-13-07 1(Exh. A) 24-85(c), 24-87
58-07-32 9-10-07 1 2-301, 2-310.1,
2-310.11,
2-310.27
5-07-47 9-24-07 1 2-20(b)
80-07-74 9-24-07 1 22-27, 22-166,
22-167
10-08-23 1-28-08 1 3-9(b)(1)
80-08-75 1-28-08 1 22-39
25-08-38 2-25-08 1.A(1) 6-16
(2) 6-17(a)(2)a
(3) 6-17(b)(5)
(4) 6-120
B.(1)—(5) Rpld 6-32-6-36
(6)—(8) Rpld 6-38-6-40
(9) Rpld 6-57
(10) Rpld 6-60
C.(1) Added 6-26
2.A(1) 7-17
(2) 7-18(a)
(3) 7-21(b)
(4) 7-25(a)
(5) 7-27(a)
(6) 7-30
(7) 7-34(a)
(8) 7-38(a)
2.B. 7-17
Dltd 7-31
3.A. 8-5
B. 8-21, 8-22
4.A. Added 12-1(a)(13)
5-08-48 2-25-08 1 2-16
55-08-32 2-25-08 1 16-2, 16-10
90-08-203 3-24-08 1(Exh. A) 24-173
90-08-204 4-28-08 1(Exh. A) 24-154
95-08-95 3-27-08 1 4-10(4), 4-24
4-27(a), 4-30
2 Added 4-5(d), (e),
4-14, 4-15,
4-28, 12-1(14)
3 Rpld 4-11(7), 4-23
05-08-50 5-27-08 1 Added 2-400-2-409
5-08-49 6- 9-08 1 2-331, 2-336(6)
2-337, 2-338(1),
(10)
55-08-33 6-23-08 1(1) 16-1
(2) 16-3(b)—(d)
(3) 16-5
25-08-39 7-14-08 1 Rpld 6-24(b)
58-08-33 8-11-08 1 2-301
58-08-34 8-11-08 1 2-262
2, 3 2-272, 2-273
4 2-276(b)
5 2-278(b)
6 2-279(a)
7 2-282(1), (2), (5)
8 2-298(c)
25-08-40 8-25-08 1 Added 6-121
2 6-17(b)(5)
80-08-76 8-25-08 1 22-16
2 22-28
3(a) 22-170
(b) 22-171
(c) 22-172
90-08-206 8-25-08 1(a) 24-151(a)
(b) 24-163(b)(2)
(c) Added 24-171(c)(5)
95-08-96 9- 8-08 1 12-2(d)
55-08-34 9-22-08 2 16-10
80-08-77 9-22-08 2 22-335(a)
80-08-78 10-27-08 1 22-27(2), 22-167
45-08-19 11-10-08 1 20-59
95-09-98 1-12-09 2(Exh. A) Rpld 23-15-23-17,
23-19, 23-20,
23-22, 23-25,
23-23-36-23-40,
23-46-23-50
Added 23-1-23-4,
23-8,
23-11-23-16,
23-21-23-26,
23-30-23-37,
23-40, 23-41,
23-46-23-51
55-09-35 2- 9-09 2 16-10(1)
95-09-99 5-26-09 1 2-161-2-169
90-09-208 9-14-09 1 24-151
24-157
24-173
5-09-51 9-28-09 1 2-20(b)
90-09-210 9-28-09 1 24-173
25-09-41 10-26-09 1 6-26, 6-37,
6-59, 6-77
90-09-211 10-26-09 1 24-69
45-10-20 1-11-10 1 20-52.1
95-10-101 2-22-10 2 Rpld 23-11-23-16,
23-21-23-26,
23-30-23-37,
23-40, 23-41,
23-46-23-51
Added 23-11-23-14,
23-21-23-26,
23-30-23-37,
23-40, 23-41,
23-46-23-51
90-10-212 3- 8-10 2(Exh. A) Rpld 24-1-24-5
24-16, 24-17,
95-10-100
80-10-79
80-10-80
90-10-213
57-10-23
05-10-52
24-31,
24-46-24-52,
24-61-24-69,
24-81-24-88,
24-101-24-114,
24-126-24-136,
24-151-24-173,
24-176, 24-177,
24-186-24-192,
24-201-24-206,
24-221, 24-222,
24-231-24-235,
24-251-24-284
Added 24-1-24-5,
24-16, 24-17,
24-31,
24-46-24-51,
24-61-24-69,
24-81-24-89,
24-101-24-114,
24-116-24-126,
24-151-24-157,
24-159-24-168,
24-171-24-174,
24-176, 24-177,
24-186-24-192,
24-201-24-204,
24-221,
24-231-24-235,
24-251-24-279
5-10-10 1 5-32
8-23-10 1 Rpld 22-39
Added 22-39
9-27-10 1 22-27
22-166
22-167
10-25-10 1(Exh. A) Added 24-178-24-181
11- 8-10 1 Added 13-162-13-170
11-22-10 1 2-146
05-10-53 11-22-10 1 2-42
95-10-102 1-10-11 1 Added 24-158
2 24-69
Added 24-69(d)
65-11-37 3-28-11 1 Added 19-8
95-11-103 7-25-11 1 Added 13-14
25-11-42 10-10-11 1 8-1-8-12,
8-21-8-25,
8-31-8-35
95-11-104 9-26-11 1 4-4
2 13-3, 13-8
60-11-16 10-10-11 1 17-51(5)
80-11-81 10-10-11 2 22-335(a)
5-12-54 1- 9-12 1 2-141-2-151
5-12-55 1- 9-12 1 2-16
60-12-17 1- 9-12 1(Exh. A) 17-29
90-12-214 3-26-12 1(Exh. A) 24-151
95-12-105 5-14-12 1 5-32(i), (k)
45-12-21 7-23-12 1 20-59
33-12-18 8-13-12 1 Added 2-22
5-12-56 8-27-12 1 2-19(24)
2 Added 2-19(27)
55-12-36 8-27-12 1 16-18-16-23
16-29, 16-30
80-12-82 9-24-12 2 22-335(a)
90-12-215 11-13-12 1 24-51
24-69(a)
5-12-57 11-26-12 1 Added 2-19(28)
60-13-18 3-25-13 1 17-2
2 Added 17-26(b)(14)
5-12-58 4- 8-13 1 2-16
25-13-43 4- 8-13 2 Rpld 8-1-8-12,
8-21-8-25,
8-31-8-35
Added 8-1-8-46,
8-48-8-83
58-13-35 6-10-13 1 Added 2-310.20-
2-310.29
58-13-36 6-10-13 1 Rpld 2-300-2-310.28
Added 2-300-2-310.18
58-13-37 6-10-13 1 Rpld 2-261-2-286,
2-288,
2-290,
2-292,
2-294-2-299
Added 2-261-2-286
5-13-59 7- 8-13 1 2-146(a)(1)
2 Added 2-146.1
75-13-18 7- 8-13 1 Added 21-75-21-85
95-13-106 7- 8-13 1 Rpld 4-1-4-5,
4-7-4-15,
4-21,
4-24-4-30
Added 4-1-4-5,
4-7-4-15,
4-24-4-30
80-13-83 8-12-13 1 Added 22-350-22-361,
22-363, 22-364
75-13-19 10-28-13 1 21-23
2 Added 21-38(i)
90-13-220 1-13-14 1 Added 24-182
80-14-84 2-10-14 1 22-4(e), (f)
90-14-222 4-14-14 1 Rpld 24-84(c)
80-14-85 7-28-14 1 Added 22-365
80-14-86 7-28-14 1 22-30
58-14-38 8-11-14 1 2-268(a)
2 2-274
58-14-39 8-11-14 1 2-307(a), (c)
2 2-310.4
95-14-108 8-11-14 1 Added 9-1-9-7
Rpld 9-16-9-25
Added 9-17-9-24
5-14-61 9- 8-14 1 2-16
60-14-19 11-24-14 1 17-51(5)
90-15-223 1-26-15 1 Added 24-84(c)
95-15-109 5-11-15 1 23-8
23-21
23-22(1), (5)
23-33(b), (f)(1)
Added 23-33(f)(1)e., f., (2)
23-35
5-15-62 5-11-15 2 14-17
60-15-20 6- 8-15 1 Rpld 17-51(c)
70-15-18 8-10-15 1 20-82, 20-83
CODE COMPARATIVE TABLE
LAWS OF FLORIDA
This table shows the location of the Laws of Florida included herein.
Chapter Section 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
STATUTORY REFERENCE TABLE
This table shows the location within this Charter and Code, either in the text or notes following
the text, of references to the state law or related matters.
F.S. Section
Section this Code
1.01 1-2
13-201 Ch. 9(note)
23.011 Ch. 14(note)
Ch. 50 2-147
24-51
50.041 2-147
50.051 2-147
57.105 9-7
60.05 2-168
2-169
Ch. 12(note)
62-340.300 24-271
92.50 2-307
Ch. 98 Char., § 38
98.045(3) Char., § 53
98.211 Char., § 53
100.361 Char., § 56
Ch. 101 Char., § 42
Char., § 43
Ch. 102 Char., § 43
Ch. 112, Pt. III Char., § 66
112.061 Ch. 2, Art. VII,
Div. 3(note)
112.311 Ch. 2, Art. II
(note)
112.3143 2-263
2-302
Ch. 119 Char., § 65
Ch. 2(note)
Ch. 121 2-310.7
125.68 16-32
125.69 13-14
Ch. 161 Ch. 5(note)
24-17
161.021 24-17
161.041 6-20(b)(3)
161.053 6-20(b)(3)
6-21(e), (r)
8-52
161.54 8-54
161.141 8-29
Ch. 162 Ch. 2, Art. V,
2-146
Div. 2(note)
7-27
20-54
Ch. 162, Pt. 1 2-146
162.01 ff.
162.02
162.05
162.05(4)
162.06
162.07
162.08
162.09
162.10
162.11
162.22
Ch. 163
163.3161
163.3161 et seq.
163.3164
163.3174
163.3178
163.3184
163.3194(1)
163.3194(1)(b)
Ch. 166
Ch. 166, Pt. 11
166.031
166.041
2-147
19-8
13-169
2-146
2-141
2-142
2-145
2-147
2-143
2-144
2-147
2-148
2-149
2-150
2-151
19-8
Char., § 59
14-1(a)
21-302(15)
24-17
24-47(e)
Ch. 14(note)
Ch. 24(note)
24-17
14-22
6-27
24-5
24-51
24-5
24-17
Charter(note)
Char., § 4
Char., § 57
Char., § 59
21-302(9)
Char., § 45
Char., § 60
Char., § 79
Char., § 18
166.101
166.201
166.231
166.241
166.0415
166.0425
166.0445
Ch. 170
175.101
Ch. 177
Ch. 177, Pt. I
177.26
177.27(15)
177.041
177.051
177.061
177.091
177.101
Ch. 180
Ch. 185
185.06
185.08
185.221
Ch. 192
193.116
196.075
24-51
Ch. 2, Art. VII
(note)
Ch. 2, Art. VII
(note)
Ch. 20(note)
Ch. 20, Art. II
(note)
2-311
19-8
Ch. 17(note)
24-17
Ch. 19(note)
20-77
24-17
24-204(b)
24-188(a)
24-204(a)
24-271
6-21(j)
24-204(b)
24-204(b)
24-204(b)
24-203(a)
24-204(b)
24-258(b), (e)
24-192
Ch. 19(note)
2-303
2-310.6
2-310.8
2-303
2-310.6
20-76
2-310.2
Ch. 20(note)
Char., § 58
20-82
20-83
Ch. 205 Char., § 58
Ch. 20, Art. 111
(note)
205.022 20-51
205.042 20-52
205.043(2) 20-57
205.043(3) 20-57
205.053 20-54
205.053(1) 20-53
205.063 20-58
205.196 20-59
Ch. 218 Ch. 2, Art. VII
(note)
218.33 2-311
Ch. 252 2-403
Ch. 253 24-17
253.12 Ch. 5(note)
Ch. 280 2-264
2-303
280.02 2-264
2-303
286.011 Char., § 14
Ch. 2(note)
309.01 Ch. 5(note)
Ch. 316 Ch. 21(note)
21-1
316.008 Ch. 21(note)
316.008(1)(a) Ch. 21, Art. 11
(note)
316.195 Ch. 21, Art. II
(note)
21-16
316.1945 Ch. 21(note)
21-17
316.2045 19-1
320.01 8-52
320.823 6-23
320.8249 8-63
Ch. 327
327.02.222.17
335.075
337.402
337.403
337.403(2)
337.403(4)
337.403
337.404
366.02
Ch. 367
Ch. 369
Ch. 372
Ch. 373
Ch. 373, Pt. II
373.036
373.421
380.04
381.006
381.0065
381.031(1)(g)1
381.031(g)3
381.261
Ch. 386
Ch. 395
402.311
403.0893
403.413
403.415
403.9337
403.9338
413.08 Ch. 3, Art. II(note)
Ch. 469
Ch. 479
479.11
Ch. 5(note)
24-174(e)(3)
Ch. 19(note)
19-8
19-8
19-8
19-8
19-8
19-8
8-24.1
Ch. 22(note)
Ch. 5(note)
Ch. 4(note)
Ch. 8(note)
22-352
8-29
24-271
24-17
4-29
8-29
4-29
Ch. 6, Art. VI
(note)
Ch. 22(note)
Ch. 12(note)
2-307
24-152(d)
21-302(9), (10)
5-4
16-7
Ch. 11(note)
24-182
24-182
Ch. 6, Art. IV
(note)
Ch. 17(note)
20-59
17-42
Ch. 481, Pt. II 24-177(b)
482.1562(9) 24-182
Ch. 489 Ch. 6(note)
Ch. 496 18-4(g)(6)
20-59
496.01 Ch. 18(note)
509.233 24-158
509.233(2) 24-158
Ch. 513 Ch. 10(note)
513.01 10-1
Ch. 514 Ch. 6, Art. VI
(note)
Ch. 538, Pt. I 21-61
538.03(1)(a) 21-60
Ch. 552 Ch. 7(note)
Ch. 553 2-146
Ch. 6(note)
6-21(p)
7-32
Ch. 553, Pt. VII 6-16
553.01 Ch. 6, Art. IV(note)
553.15 Ch. 6, Art. III (note)
553.70 Ch. 6, Art. II(note)
553.73 7-25
553.73(5) 8-38
553.73(10)(k) 8-24.1
Ch. 556 19-8
556.107(3) 19-8
Chs. 561-565 3-1
561.01 Ch. 3(note)
561.15 3-1
562.14(1) 3-2
562.45(2) 3-2
3-4
3-5
3-6
563.01 3-4
565.01 3-4
Ch. 569 13-14
590.12 Ch. 7(note)
604.50 8-24.1
Ch. 633 Ch. 7(note)
7-32
633.35 2-263
633.121 Ch. 7(note)
633.171 7-27
Ch. 650 Ch. 2, Art. VI,
Div. 2(note)
2-241
650.02 2-241
650.05 Ch. 2, Art. VI,
Div. 2(note)
674.105 13-12(a)(4)
Ch. 679, Pt. V 21-63
Ch. 705 Ch. 15,
Art. II(note)
21-24
705.16 Ch. 2,
Art. II(note)
Ch. 760 Ch. 9(note)
760.20 Ch. 9,
Art. II(note)
760.22 9-16
760.23 9-17
760.24 9-18
760.25 9-22
760.29 9-23
760.37 9-24
Ch. 767 Ch. 3,
Art. II(note)
767.10-767.16 4-8
767.12
768.28
775.082
4-9
4-10
4-12
2-1(b)(1)
19-8
2-310.11
4-12
775.083 2-310.11
4-12
775.084 4-12
Ch. 790 15-22(g)(3)
790.15 13-3
Ch. 791 Ch. 7(note)
7-39
791.01(4)(b) 13-13
791.01(4)(c) 13-13
791.02(1) 13-13
Ch. 794 2-279
2-310.10
796.07 2-167(a)
800.04 2-279
2-310.10
806.13 6-111
22-57
Ch. 812 13-162
812.019 2-167(a)
812.171 13-163
812.173 13-164
812.175 13-167
13-169
812.1725 13-164
Ch. 823 Ch. 12(note)
823.14 24-182
Ch. 828 4-1.1
828.27 4-30
Ch. 838 2-279
2-310.10
847.001 17-2
847.001(2) 24-17
24-111(c)(11)
24-114(c)(2)
874.03 2-167(a)
876.05 Char., § 68
828.02 4-1.1
893 2-167(a)
893.03 13-4
893.138
893.147
932.701
Ch. 943
943.22
943.25(8)(a)
943.1395
Editor's note -
13 -5
2-161
13-5
Ch. 15,
Art. II(note)
2-310.16
2-300
15-1
2-300
Section 1(Exh. A) of Ordinance No. 33-15-19, adopted May 11, 2015, adopted a new
Charter which amended and repealed all former Charter provisions, and which
was approved at an election held on August 25, 2015. The former Charter derived
from the Laws of Florida Chs. 59-1054, 86-461; Ord. No. 28-93-3, § 1, adopted Aug.
23, 1993; Ord. No. 28-96-4, § 3, adopted Jan. 13, 1997; Ord. No. 90-06-194, § 1,
adopted Aug. 14, 2006; Ord. No. 33-07-12, § 1, adopted Oct. 2, 2007; Ord. No.
33-07-13, § 1, adopted Oct. 2, 2007; and Ord. No. 33-10-17, § 1, adopted June 28,
2010.
Municipal Home Rule Powers Act, F.S. Ch. 166.
_(1)_
Form of government, § 3; general powers, § 4.
Planning/zoning/appeals, Ch. 14; community development board, § 14-16 et seq.; police,
Ch. 15; taxation, Ch. 20; utilities, Ch. 22; administration of zoning regulations, §
24-46 et seq.
Public records, F.S. Ch. 119; public meetings and records, F.S. § 286.011.
The commission, § 5 et seq.
Code of ethics for public officers and employees, F.S. § 112.311 et seq.
The city manager, § 25 et seq.
Code of ethics for public officers and employees, § 112.311 et seq.
_(4)_
Police generally, Ch. 15.
v.
-(5)--
Fire prevention and protection, Ch. 7.
vii
-(6)-
Finance generally, § 2-311 et seq.
-(7)--
Board of trustees for retirement system, § 2-264 et seq.; community development board,
§ 14-16 et seq.
ix--(8)--
Editor's note—
Section 1 of Ord. No. 5-12-54, adopted Jan. 9, 2012, amended Div. 2 in its entirety, in
effect repealing §§ 2-141-2-151 and enacting similar new provisions in lieu
thereof as §§ 2-141-2-151. Formerly, such provisions derived from Ord. No.
05-10-53, § 1, adopted Nov. 22, 2010; Ord. No. 5-10-52, § 1, adopted Nov. 22, 2010;
Ord. No. 5-05-44, § 1, adopted Sept. 26, 2005; Ord. No. 5-03-42, § 1, adopted July
14, 2003; Ord. No. 5-96-27, § 1, adopted March 25, 1996; Ord. No. 95-85-26, adopted
Feb. 25, 1985; Ord. No. 95-81-22, § 1, adopted Feb. 9, 1981; and Ord. No. 95-80-21,
§ 2, adopted Dec. 8, 1980.
Local Government Code Enforcement Boards Act, F.S. Ch. 162.
x __(9)__
Editor's note—
Ord. No. 95-89-40, §§ 1-9, adopted June 12, 1989, did not specifically amend the Code;
therefore, inclusion as §§ 2-161-2-169 was at the discretion of the editor.
Nuisances, Ch. 12.
xi _(10) -
Any ordinance relating to the salaries of the city officers or employees saved from
repeal, § 1-5(6).
XII --(11)--
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.
xiii--(12)--
Editor's note -
Section 1 of Ord. No. 58-13-37, adopted June 10, 2013, amended Div. 3 in its entirety, in
effect repealing §§ 2-261-2-286, 2-288, 2-290, 2-292, 2-294-2-299, and enacting
similar new provisions in lieu thereof as §§ 2-261-2-286. See the Code
Comparative Table for a complete derivation.
xiv
-(13)-
Editor's note -
Section 1 of Ord. No. 58-13-36, adopted June 10, 2013, amended Div. 4 in its entirety, in
effect repealing §§ 2-300-2-310.28, and enacting similar new provisions in lieu
thereof as §§ 2-300-2-310.18. Formerly, such provisions derived from Ord. No.
58-99-26, § 2, adopted July 10, 2000; Ord. No. 58-01-28, § 2, adopted Oct. 8, 2001;
Ord. No. 58-04-29, adopted March 8, 2004; Ord. No. 58-07-32, § 1, adopted Sept. 10,
2007; and Ord. No. 58-08-33, § 1, adopted Aug. 11, 2008.
XV -(14)-
Editor's note -
Section 1 of Ord. No. 58-13-35, adopted June 10, 2013, added provisions designated as
Div. 5, §§ 2-320-2-329. Inasmuch as sections already exist, said provisions have
been redesignated as Div. 5, §§ 2-310,20-2-310.29, at the discretion of the editor.
XV.--(15)--
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 indebtedness or
any contract or any obligation assumed by the city saved from repeal, § 1-5(1);
any annual tax levy, appropriation or budget saved from repeal, § 1-5(2);
department of finance, § 2-71 et seq.; taxation generally, Ch. 20.
Municipal finance and taxation. F.S. § 166.201 et seq.; municipal borrowing, F.S. §
166.101 et seq.; financial matters pertaining to political subdivisions, F.S. Ch. 218.
Xv.i --(16)--
Per diem and traveling expenses of public officers, employers and authorized persons,
F.S. § 112.061.
XViii--(1)--
Editor's note -
Ord. No. 10-04-22, § 2, adopted May 10, 2004, repealed former §§ 3-1-3-11, and enacted
similar provisions as set out herein. Former §§ 3-1-3-11 derived from Code 1970;
Ord. No. 10-80-13, 4-28-80; Ord. No. 10-82-14, 1-24-83; Ord. No. 10-83-15, 2-14-83;
Ord. No. 10-85-16, 9-23-85; Ord. No. 10-93-17, 2-8-93; Ord. No. 10-94-19, 12-12-94;
Ord. No. 10-97-20, 1-27-97; Ord. No. 10-02-21, 1-28-02; and Ord. No. 90-82-73,
7-28-02.
Liquors and beverages, F.S. § 561.01 et seq.
XIX _-(1)--
Editor's note -
Section 1 of Ord. No. 95-13-106, adopted July 8, 2013, amended Ch. 4 in its entirety, in
effect repealing §§ 4-1-4-5, 4-7-4-15, 4-21, 4-24-4-30, and enacting similar new
provisions in lieu thereof as §§ 4-1-4-5, 4-7-4-15, 4-24-4-30. See the Code
Comparative Table for a complete derivation.
Riding of animals in beach safety zone, § 5-17; occupational license tax on kennels, §
20-59.
Game and freshwater fish, F.S. Ch. 372.
XX _(1)_
Editor's note -
Ord. No. 95-03-83, § 1, adopted January 27, 2003, amended Ch. 5 in its entirety, which
formerly consisted of Arts. I -III, §§ 5-1-5-31, pertained to similar subject matter,
and derived from §§ 5-1-5-7 of the 1970 Code, and Ord. No. 95-82-25, § 1, adopted
April 26, 1982, Ord. No. 57-86-11, § 1, 4-14-86, Ord. No. 95-88-35, § 1, 9-26-88, and
Ord. No. 95-99-72, § 1, adopted December 14, 1999.
Streets, sidewalks and other public places, Ch. 19.
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 Florida Boat
Registration and Safety Law, F.S. Ch. 327; oceanography, conservation and
geology, F.S. Ch. 369 et seq.
XXL--(1)--
Fire prevention and protection, Ch. 7; flood hazard areas, Ch. 8; mobile homes and
recreation vehicles, Ch. 10; building operations at night, § 11-6;
planning/zoning/appeals, 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.
Building construction standards, F.S. Ch. 553; contracting, F.S.
XXfl--(2)--
Editor's note -
Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed all existing sections of Art.
II, Building Code, except § 6-24. Section 2 of this ordinance added new §§ 6-16 and
6-17, as set forth herein. The repealed sections derived from the following: §§ 6-8
and 6-10 of the 1970 Code; Ord. No. 25-86-17, § 1, adopted February 24, 1986; Ord.
No. 25-86-19, § 1, adopted December 8, 1986; Ord. No. 25-89-22, § 1, adopted June
12, 1989; Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-95-27, §§ 1, 2, adopted July
10, 1995; Ord. No. 25-96-28, §§ 1(1), (9), (10), and 2, adopted April 22, 1996; Ord.
No. 25-98-30, § 1, 6-22-98.
State minimum building codes, F.S. § 553.70 et seq.
XXiii--(3)--
Electric signs, § 17-12.
Electrical code, F.S. § 553.15 et seq.
XXiv--(4)--
Waterworks system, § 22-16 et seq.; wastewater system, § 22-56 et seq.
Plumbing control act, F.S. § 553.01 et seq.; plumbers, F.S. Ch. 469.
"" .45)._
Editor's note -
Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former Art. VI, §§
6-91-6-105, which pertained to the swimming pool code, and derived from § 24-4
of the 1970 Code, Ord. No. 25-92-23, § 1, adopted November 9, 1992, Ord. No.
25-96-28, § 1(5), adopted April 22, 1996, and Ord. No. 25-98-30, § 1, adopted June
22, 1998.
xxvi --(6)--
Editor's note -
Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former Art. IX, §§
6-141-6-6-160, which pertained to the gas code, and derived from Ord. No. 25-92,
23, § 1, adopted November 9, 1992, Ord. No. 25-96-28, § 1(7), adopted April 22,
1996, and Ord. No. 25-98-30, § 1, adopted June 22, 1998.
xxvii
--(1)--
Editor's note -
Ord. No. 57-97-20, § 1, adopted Aug. 11, 1997, amended Ch. 7 in its entirety to read as
herein set out. The former Ch. 7, §§ 7-1 and 7-16-7-20, pertained to similar
subject matter and derived from Code 1970, §§ 9-2-9-4, 9-6-9-8; Ord. No.
57-89-15, § 1, April 24, 1989; and Ord. No. 25-96-28, § 1(11), adopted April 22, 1996.
Fire department, § 2-61 et seq.; buildings and building regulations, Ch. 6; signs and
advertising structures as fire hazards, § 17-4; signs and advertising structures
obstructing doors, windows and fire escapes, § 17-6.
Fire prevention and control, F.S. Ch. 633; local fire chief authorized 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.
Editor's note—
Section 2 of Ord. No. 25-13-43, adopted April 8, 2013, repealed the former Ch. 8, §§
8-1-8-12, 8-21-8-25, 8-31-8-35, and enacted a new Ch. 8 as set out herein. The
former Ch. 8 pertained to similar subject matter and derived from Ord. No.
25-11-42, § 1, adopted Oct. 10, 2011.
Buildings and building regulations, Ch. 6; mobile homes, Ch. 10;
planning/zoning/appeals, Ch. 14; zoning and subdivision regulations, Ch. 24.
Water resources, F.S. Ch. 373.
XXX--(1)--
Editor's note—
Section 1 of Ord. No. 95-14-108, adopted Aug. 11, 2014, amended ch. 9 in its entirety to
read as herein set out. Former ch. 9, §§ 9-16-9-25, pertained to similar subject
matter, and derived from Ord. No. 95-80-20, §§1—VII, adopted Nov. 10, 1980.
Florida human relations, F.S. § 13.201 et seq.; civil rights, F.S. Ch. 760.
700(--(1)--
Buildings and building regulations, Ch. 6; flood hazard areas, Ch. 8; 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 regulations, Ch. 24.
Mobile home and recreational vehicle parks, F.S. Ch. 513.
XXXI--(1)--
Editor's note—
Ord. No. 95-00-76, § 1, adopted August 14, 2000, amended Ch. 11 in its entirety. Formerly,
Ch. 11 consisted of §§ 11-1-11-10, pertained to similar subject matter, and
derived from the Code of 1970, §§ 12-1-12-10.
Nuisances, Ch. 12.
Motor vehicle noise, F.S. § 403.415.
XXXUU--(1)--
Nuisance control board, § 2-161 et seq.; noise, Ch.
inoperable, etc., vehicles, § 21-24.
Abatement of nuisances by injunction, F.S. § 60.05;
Ch. 386; public nuisances, F.S. Ch. 823.
11; abandoned, wrecked, junked,
nuisances injurious to health, F.S.
Police, Ch. 15; traffic and motor vehicles, Ch. 21.
XXXiV--(2)--
Editor's note—
Ord. No. 57-89-14, §§ 1-7, adopted February 27, 1989, did not specifically amend the
Code; therefore, inclusion as §§ 13-151-13-158 was at the discretion of the editor.
XXXV--(1)--
Editor's note—
Ord. No. 47-86-3, § 1, adopted January 26, 1987, repealed former Ch. 14, §§ 14-1,
14-16-14-22, in its entirety. The aforesaid sections were concerned with planning,
and derived from the Code of 1970; Ord. No. 95-81-23, §§ 1, 2, adopted June 26,
1981; Ord. No. 95-85-27, § 1, adopted December 9, 1985; and Ord. No. 95-86-31, §
1, adopted December 8, 1986. Section 2 of Ord. No. 47-86-3 enacted new
provisions as set out herein.
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.
XXXvi --(2)--
Administration, Ch. 2; boards and commissions generally, § 2-131 et seq.
XXXVHH--(1)--
Administration, Ch. 2; police department, § 2-51 et seq.; offenses, Ch. 13; traffic and
motor vehicles, Ch. 21.
XXXvi--(2)--
Seized, abandoned, wrecked or derelict property, F.S. Ch. 705; supplemental procedure
for removal and destruction of abandoned property of nominal salvage value only,
F.S. § 705.16; Florida Contraband Forfeiture Act, F.S. § 932.701 et seq.
XXXiX
--(1)--
Editor's note—
Ord. No. 55-07-31, adopted Mar. 26, 2007, repealed Ch. 16, §§ 16-1-16-16 and enacted
provisions to read as herein set out. Former Ch. 16 pertained to similar subject
matter and derived from Ord. No. 55-95-29, adopted May 8, 1995; and Ord. No.
55-97-30, adopted Aug. 25, 1997.
Editor's note -
Section 1 of Ord. No. 60-97-10, adopted July 14, 1997, amended Ch. 17 in its entirety to
read as set forth herein. Formerly, Ch. 17 consisted of §§ 17-1-17-18 and
17-31-17-35, which contained similar provisions and derived from §§ 20-1-20-8,
20-10-20-22, 20-24 of the 1970 Code; Ord. No. 60-81-4, § 1, adopted July 13, 1981;
Ord. No. 60-88-5, § 1, adopted Jan. 11, 1989; Ord. No. 60-94-8, § 1, adopted July 25,
1994; and Ord. No. 60-97-9, § 1, adopted Feb. 24, 1997.
Subsequently, Ord. No. 60-02-12, §§ 2 and 3, adopted September 9, 2002, repealed and
replaced Ch. 17, §§ 17-1-17-35, with a new Ch. 17, intended for use as Art. I, §
17-1, Art. II, § 17-2, Art. III, §§ 17-3-17-10, Art. IV, §§ 17-11-17-13, Art. V, §§
17-14-17-30, and Art. VI, §§ 17-31-17-34. To preserve the style of the Code, these
new provisions have been included as set forth herein at the discretion of the
editor. Former Ch. 17 pertained to similar subject matter, and derived from Ord.
No. 60-79-9, § 1, adopted February 24, 1997, Ord. No. 60-97-10, § 1, adopted July
14, 1997, and Ord. No. 60-01-11, § 1, adopted December 10, 2001.
Buildings and building regulations, Ch. 6; planning/zoning/appeals, Ch. 14; occupational
license for advertising, § 20-59; zoning and subdivision regulations, Ch. 24.
Authority to establish sign ordinances, F.S. § 166.0425; outdoor advertisers, F.S. Ch. 479.
Xr _(1)_
Editor's note -
Section 1 of Ordinance No. 95-93-58, adopted June 28, 1993, amended Ch. 18 to read as
herein set out. Prior to such amendment, Ch. 18 consisted of §§ 18-1, 18-2,
18-16-18-21, which pertained to solicitors and derived from §§ 21-1-21-7 of the
1970 Code; §§ 1, 2 of Ord. No. 95-90-46, adopted May 29, 1990; and §§ 1, 2 of Ord.
No. 95-93-55, adopted March 8, 1993.
Solicitation of Charitable Funds Act, F.S. § 496.01 et seq.
An --(1)--
Any ordinance naming, renaming, opening, accepting, or vacating streets or alleys in the
city saved from repeal, § 1-5(8); beaches and parks, Ch. 5; buildings and building
regulations, Ch. 6; mobile homes and recreational vehicles, Ch. 10; loitering in,
obstructing, etc., streets, public places, etc., prohibited, § 13-2;
planning/zoning/appeals, Ch. 14; signs, posters, etc., prohibited on sidewalks, §
17-8; traffic and motor vehicles, Ch. 21; utilities, Ch. 22; vegetation, Ch. 23; zoning
and subdivision regulations, Ch. 24.
Supplemental and alternative method of making local municipal improvements, F.S. Ch.
170; municipal public works, F.B. Ch. 180; minimum construction standards for
the design, construction and maintenance of all public streets, roads, highways,
bridges, sidewalks, curbs and curb ramps, crosswalks, where feasible, bicycle
trails, underpasses, and overpasses used by the public for vehicular and
pedestrian traffic, F.S. § 335.075.
xliii --(1)--
Any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); administration,
Ch. 2; finance generally, § 2-311 et seq.
Municipal finance and taxation, F.S. § 166.201 et seq.; taxation and finance generally, F.S.
Ch. 192 et seq.
xiiv--(2)--
Utilities, Ch. 22.
Public service tax, F.S. § 166.231 et seq.
XIV -(3)-
Local business tax on telephone company, § 20-59.
xivi--(4)--
Editor's note—
Ord. No. 45-84-6, § 1, adopted September 24, 1984, amended Ch. 10 of the Code of 1970.
In order to follow the intent of Ord. No. 45-84-6 and preserve the editorial
decisions arrived at during the codification project, the aforementioned ordinance
has been treated as amendatory of Ch. 20, Art. III of the current Code. The
effective date of this article is October 1, 1984.
Ord. No. 45-06-18, adopted Sept. 25, 2006, changed the title of Article III from
Occupational License Tax to Local Business Tax.
Local occupational license taxes, F.S. Ch. 205.
xlvii--(1)--
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.
Florida Uniform Traffic Control Law, F.S. Ch. 316; powers of local authorities, F.S. §
316.008.
xlviii--(2)--
Editor's note—
Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004, amended art. I to read as herein
set out. Former art. I pertained to similar subject matter and derived from §§ 11-1,
22-2 of the 1970 Code.
Aix--(3)--
Editor's note—
Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004 amended art. II to read as herein
set out. Former art. II pertained to similar subject matter and originated from Ord.
No. 75-82-3, §§ 1-11, adopted Apr. 12, 1982 and from §§ 11-3-11-8 of the 1970
Code. Additional amendatory history can be found in the Code Comparative Table
located at the end of this volume.
Off -Street Parking and Loading, § 24-161; Parking Lots, § 24-162; Storage and Parking of
Vehicles in Residential Districts, § 24-163.
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; additional
parking regulations, F.S. § 316.195.
i --(4)--
Editor's note—
Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004 amended art. III to read as herein
set out. Former art. III pertained to similar subject matter and derived from Ord.
No. 57-92-18, §§ 1-5, adopted Apr. 13, 1992 and Res. No. 01-15, § 1, adopted July
9, 2001.
Removing and impounding, § 21-25; towage and storage charges, § 21-26.
r _(1)_
Administration, Ch. 2; buildings and building regulations, Ch 6; mobile homes and
recreational vehicles, Ch. 10; planning/zoning/appeals, 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.
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.
Plumbing code, § 6-56 et seq.
--(3)--
Plumbing code, § 6-56 et seq.
!iv _(4)_
Editor's note -
Ord. No. 80-90-43, §§ 1.0-5.0, adopted April 8, 1991, and Ord. No. 80-90-44, §§ 1.0-5.0,
adopted April 22, 1991, amended the Code by adding Art. IV to Ch. 22. The section
designations have been supplied by the editor. The aforesaid ordinances became
effective upon adoption.
Editor's note -
Section 2(Exh. A) of Ord. No. 95-09-98, adopted Jan. 12, 2009, repealed the former ch. 23,
"Vegetation," arts. I-V, §§ 23-15-23-17, 23-19, 23-20, 23-22, 23-25, 23-36-23-40,
and 23-46-23-50, and enacted a new ch. 23 as set out herein. The former ch. 23
pertained to tree protection, accumulation of weeds, and historic tree preservation
and derived from Ord. No. 55-82-19, adopted March 22, 1982; Ord. No. 95-89-44,
adopted Jan. 8, 1990; Ord. No. 95-95-64, adopted Feb. 12, 1996; Ord. No. 95-00-73,
adopted March 27, 2000; Ord. No. 95-02-79, adopted Oct. 14, 2002; Ord. No.
5-03-42, adopted July 14, 2003; and Ord. No. 95-07-92, adopted Feb. 12, 2007.
Streets, sidewalks and other public places, Ch. 19.
IVB _(2)_
Editor's note -
Section 2(Exh. A) of Ord. No. 95-10-101, adopted Feb. 22, 2010, amended art. III in its
entirety to read as herein set out. Former art. 111, §§ 23-11-23-16, 23-21-23-26,
23-30-23-37, 23-40, 23-41, and 23-46-23-51 pertained to similar subject matter,
and derived from Ord. No. 95-09-98(Exh. A), adopted Jan. 12, 2009.
Ivii
--(1)--
Editor's note -
Section 2(Exh. A) of Ord. No. 90-10-212, adopted March 8, 2010, repealed and replaced
former Ch. 24, Arts. I -VI, §§ 24-1-24-284, in its entirety. Former Ch. 24 pertained
to zoning, subdivision and land development regulations and derived from Ord.
No. 90-03-184, § 2, adopted Dec. 8, 2003; Ord. No. 90-04-185, § 1, adopted June 28,
2004; Ord. No. 90-06-188, § 1, adopted March 13, 2006; Ord. No. 90-06-189, § 1,
adopted Feb. 27, 2006; Ord. No. 90-06-193, § 1, adopted May 22, 2006; Ord. No.
90-06-195, § 1, adopted Sept. 11, 2006; Ord. No. 90-06-196, § 1, adopted Nov. 13,
2006; Ord. No. 90-06-197, § 1, adopted Dec. 11, 2006; Ord. No. 90-07-198, § 1,
adopted Jan. 8, 2007; Ord. No. 90-07-199, § 1(Exh. A), adopted April 23, 2007; Ord.
No. 90-07-200, §§ 1 and 2(Exh. A), adopted July 9, 2007; Ord. No. 90-07-201, §
1(Exh. A), adopted Aug. 13, 2007; Ord. No. 90-08-203, § 1(Exh. A), adopted March
24, 2008; Ord. No. 90-08-206, §§ 1(b) and (c), adopted Aug. 25, 2008; Ord. No.
90-09-208, § 1, adopted Sept. 14, 2009; Ord. No. 90-09-210, § 1, adopted Sept. 28,
2009; and Ord. No. 90-09-211, § 1, adopted Oct. 26, 2009. See Code Comparative
Table for complete history derivation.
Any ordinance amending the zoning map saved from repeal, § 1-5(9); buildings and
building regulations, Ch. 6; flood hazard areas, Ch. 8; mobile homes and
recreational vehicles, Ch 10; planning/zoning appeals, Ch. 14; signs and
advertising structures, Ch. 17; streets, sidewalks and other public places, Ch. 19.
Local Government Comprehensive Planning Act, F.S. § 163.3161 et seq.