AB Code Supplement 7SUPPLEMENT NO. 7
CODE OF ORDINANCES
City of
ATLANTIC BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 90-88-136, enacted October 24, 1988.
See Code Comparative Table, page 1995.
Remove old pages Insert new pages
ix, x ix, x
Checklist of up-to-date pages Checklist of up-to-date pages
181-184 181-184.1
353-355 353-355
1223, 1224 1223-1224.1
1295-1297 1295-1297
1441-1444 1441-1444.1
1465-1466.1 1465-1466.1
1995 1995
2055 2055
Index pages
2107, 2108
2135, 2136
2138.1-2140.1
Index pages
2107, 2108
2135, 2136
2139-2140.1
Insert this instruction sheet in front of volume. File removed pages for
reference.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
January, 1989
Note—An updated checklist of pages in Code is included, following Table of
Contents.
TABLE OF CONTENTS
Page
Officials of the City at Time of Codification iii
Preface v
Adopting Ordinance vii
Checklist of Up -to -Date Pages [1]
PART I
CHARTER
Charter 1
Art. I. Incorporation; Form of Government; Powers 1
Art. II. The Commission 5
Art. III. The City Manager 9
Art. IV. City Comptroller, City Clerk, City Treasurer and
City Tax Assessor 10
Art. V. Department of Public Safety 11
Art. VI. Budget 11
Art. VII. Department of Finance 11
Art. VIII. Department of Personnel 11
Art. IX. Elections 12
Art. X. Initiative and Referendum 15
Art. XI. Recall 17
Art. XII. Franchises 18
Art. XIII. Tax Administration 18
Art. XIV. Zoning 18
Art. XV. Issuance of Bonds 22
Art. XVI. Municipal Court and Department of Law 22
Art. XVII. Suits Against the City 23
Art. XVIII. General and Miscellaneous Provisions 23
Art. XIX. When Act Takes Effect 28
Charter Comparative Table—Special Acts 79
Charter Comparative Table—Ordinances 91
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions 103
2. Administration 157
Art. I. In General 157
Art. II. City Commission 158
Art. III. City Manager 163
Art. IV. Departments 163
Div. 1. Generally 163
Div. 2. Police Department 164
Div. 3. Fire Department 164
Div. 4. Department of Finance 165
Supp. No. 7
ix
ATLANTIC BEACH CODE
Chapter Page
Div. 5. Department of Public Works 166
Art. V. Boards and Commissions 166
Div. 1. Generally 166
Div. 2. Code Enforcement Board 167
Art. VI. Employee Benefits 171
Div. 1. Generally 171
Div. 2. Old -Age and Survivors Insurance 171
Div. 3. Retirement System 173
Art. VII. Finance 187
Div. 1. Generally 187
Div. 2. Purchasing 188
Div. 3. Uniform Travel Policy and Procedure 191
Div. 4. Service and User Charges 195
3. Alcoholic Beverages 245
4. Animals 299
Art. I. In General 299
Art. II. Dogs and Cats 301
5. Beaches and Parks 353
Art. I. In General 353
Art. II. Beach Safety Zone 354
Art. III. Public Parks 355
6. Buildings and Building Regulations 405
Art. I. In General 405
Art. II. Building Code 405
Art. III. Electrical Code 409
Art. IV. Plumbing Code 412
Art. .% Mechanical Ccdc 413 i3
Art. VI. Swimming Pool Code 415
Art. VII. Numbering of Buildings 416
7. Fire Prevention and Protection 469
Art. I. In General 469
Art. II. Fire Prevention Code 469
8. Flood Hazard Areas 521
Art. I. In General 521
Art. II. Administration 526
Art. III. Flood Hazard Reduction Standards 530
9. Human Relations 577
Art. I. In General 577
Art. II. Fair Housing 577
10. Mobile Homes and Recreational Vehicles 631
11. Noise 683
12. Nuisances 735
13. Offenses 787
Supp. No. 7
x
Checklist of Up -to -Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page -for -
page substitution basis, it has become evident that through usage and sup-
plementation many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to
determine whether the Code volume properly reflects the latest printing of
each page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume. The letters "00" indicate the pages have not been re-
printed in the Supplement Service and appear as published for the original
Code. When a page has been reprinted or printed in the Supplement Service,
this column reflects the identification number or Supplement Number printed
on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in
compiling an up-to-date copy from the original Code and subsequent Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page OC 163, 164 OC
iii OC 165, 166 4
v, vi OC 166.1 5
vii, viii 1 167, 168 1
ix, x 7 169, 170 1
xi, xii 6 171, 172 5
1, 2 5, Add. 172.1 5
3, 4 5, Add. 173, 174 OC
4.1 5, Add. 175, 176 6
5, 6 OC 177, 178 6
7, 8 OC 178.1 5
9, 10 OC 179, 180 6
11, 12 OC 181, 182 7
13, 14 5 183, 184 7
14.1 5 184.1 7
15, 16 OC 185, 186 2
17, 18 5 186.1 6
19 5 187, 188 OC
23, 24 OC 189, 190 5
25, 26 OC 190.1 5
27, 28 OC 191, 192 OC
79 5, Add. 193, 194 OC
91 5 195, 196 6
103, 104 OC 245, 246 OC
105, 106 OC 247, 248 3
107, 108 OC 299, 300 6
157, 158 6 301, 302 6
159 6 303, 304 6
161, 162 OC 353, 354 7
Supp. No. 7
[1]
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
355 7 1165, 1166 2
405, 406 OC 1167, 1168 2
407, 408 OC 1169, 1170 2
409, 410 5 1171 5
410.1, 410.2 5 1221, 1222 OC
410.3, 410.4 5 1223, 1224 7
410.5, 410.6 5 1224.1 7
410.7, 410.8 5 1225, 1226 5
411, 412 6 1227 5
413, 414 OC 1277, 1278 6
415, 416 OC 1279, 1280 5
417, 418 OC 1280.1 5
469, 470 OC 1281, 1282 OC
521, 522 6 1283, 1284 3
523, 524 6 1284.1 3
525, 526 6 1285, 1286 OC
527, 528 6 1287, 1288 OC
529, 530 6 1289, 1290 OC
531, 532 6 1291, 1292 OC
533, 534 6 1293, 1294 OC
535 6 1294.1, 1294.2 6
577, 578 OC 1295, 1296 7
579, 580 OC 1297 7
581 OC 1298.1, 1298.2 3
631, 632 OC 1299, 1300 OC
683, 684 OC 1301 OC
685 OC 1351, 1352 OC
735, 736 OC 1353 OC
737 OC 1403, 14.04 5
787, 788 4 1405, 1406 3
789, 790 4 1407, 1408 OC
839, 840 5 1409, 1410 5
841, 842 5 1411, 1412 OC
843 5 1413, 1414 5
891, 892 OC 1415, 1416 5
943, 944 3 1417, 1418 6
945, 946 3 1419, 1420 5
947 3 1421, 1422 5
997, 998 OC 1423, 1424 5
999, 1000 OC 1425, 1426 5
1001, 1002 OC 1427, 1428 5
1003, 1004 OC 1428.1 5
1005 OC 1429, 1430 OC
1055, 1056 OC 1431, 1432 5
1057 OC 1433, 1434 6
1107 OC 1435, 1436 5
1157, 1158 OC 1437, 1438 6
1159, 1160 2 1438.1 6
1161, 1162 2 1439, 1440 5
1163, 1164 2 1441, 1442 7
Supp. No. 7
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Page No.
CHECKLIST OF UP-TO-DATE PAGES
Supp. No. Page No. Supp. No.
1443, 1444 7 2103, 2104 5
1444.1 7 2105, 2106 5
1445, 1446 5 2107, 2108 7
1446.1, 1446.2 5 2108.1 5
1447, 1448 OC 2109, 2110 OC
1449, 1450 5 2111, 2112 5
1451, 1452 OC 2113, 2114 5
1453, 1454 4 2115, 2116 5
1455, 1456 5 2116.1 5
1456.1 5 2117, 2118 1
1457, 1458 2 2119, 2120 3
1459, 1460 6 2121, 2122 6
1461, 1462 6 2122.1 6
1462.1 6 2123, 2124 5
1463, 1464 OC 2125, 2126 5
1465, 1466 7 2127, 2128 6
1466.1 7 2128.1 6
1467, 1468 OC 2129, 2130 5
1469, 1470 OC 2130.1 5
1471, 1472 OC 2131, 2132 3
1473, 1474 OC 2133, 2134 6
1475, 1476 3 2135, 2136 7
1477, 1478 OC 2137, 2138 6
1479, 1480 OC 2139, 2140 7
1481, 1482 OC 2140.1 7
1483 OC 2141, 2142 OC
1983, 1984 OC 2143, 2144 5
1985 OC 2145, 2146 6
1987, 1988 OC 2147, 2148 6
1989, 1990 OC 2148.1 6
1991, 1992 2 2149, 2150 OC
1993, 1994 6 2151, 2152 5
1995 7 2152.1 1
2043 OC 2153, 2154 OC
2053, 2054 5 2155, 2156 2
2055 7 2157, 2158 1
2081, 2082 6 2159, 2160 6
2083, 2084 5 2160.1 6
2085, 2086 OC 2161, 2162 3
2087, 2088 5 2162.1 3
2089, 2090 5 2163, 2164 6
2091, 2092 5 2165, 2166 5
2093, 2094 5 2166.1 5
2095, 2096 5 2167, 2168 OC
2097, 2098 5 2169, 2170 5
2099, 2100 5 2171, 2172 5
Supp. No. 7
[3]
ADMINISTRATION § 2-282
(1) Benefit group fire: Age sixty (60) years;
(2) Benefit group police: Age sixty (60) years;
(3) Benefit group general: Age sixty (60) years.
(b) If a disability retirant refuses to submit to a medical examination payment of the
disability pension may be suspended by the board of trustees until withdrawal of the refusal.
Should refusal continue for one (1) year all the disability retirant's rights in and to a disability
pension may be revoked by the board of trustees. A disability retirant shall be restored to
active employment with the city and the disability pension discontinued if following a medical
examination the medical director certifies that the disability retirant is mentally and physi-
cally able and capable of resuming employment with the city, and the board of trustees
concurs in the certification of the medical director. The city shall be allowed reasonable
latitude in placing the returned disability retirant in a position commensurate with the
position held at time of disability retirement.
(c) A disability retirant who has been restored to employment with the city as provided in
subsection (a) shall again become a member of the retirement system. The disability retirant's
credited service at time of retirement shall be restored to full force. Service shall be credited
for the period the disability retirant was being paid a disability pension.
(Ord. No. 58-75-4, § 20, 12-22-75)
Sec. 2-281. Amount of level straight life pension.
(a) Benefit group fire. Subject to section 2-285, the amount of level straight life pension of
the retirement system member shall be equal to the retiring member's benefit group fire
credited service multiplied by two and four -tenths (2,4) percent of the retiring member's final
average compensation.
(b) Benefit group police. Subject to section 2-285, the amount of level straight pension
shall be equal to the retiring member's benefit group police credited service multiplied by two
and four -tenths (2.4) percent of the retiring member's final average compensation.
(c) Benefit group general. Subject to section 2-285, the amount of level straight life
pension shall be equal to the retiring member's benefit group general credited service multi-
plied by the sum of two and twenty-five hundredths (2.25) percent.
(Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87)
Sec. 2-282. Optional forms of pension payment.
A member of the retirement system may elect to be paid under one (1) of the following
optional forms of payment in lieu of the level straight life form of payment. The election must
be made in writing and filed with the board of trustees prior to the date retirement is
effective. Payment will be made under the level straight life form of payment if a timely
election of an optional form of payment is not made. The amount of pension under Option A
and Option B shall be the actuarial equivalent of the amount of pension under the level
straight life form of payment.
Supp. No. 7
181
§ 2-282 ATLANTIC BEACH CODE
(1) Option A; one hundred percent survivor pension: Under Option A, a retirant shall be
paid a reduced pension for life with the provision that upon the retirant's death, the
reduced pension shall be continued throughout the future lifetime of and paid to such
person having an insurable interest in the retirant's life, as the retirant shall have
nominated by written designation duly executed and filed with the board of trustees
at the time of election of the optional form of payment.
(2) Option B; fifty percent survivor pension: Under Option B, a retirant shall be paid a
reduced pension for life with the provision that upon the retirant's death, one-half of
the reduced pension shall be continued throughout the future lifetime of and paid to
such person having an insurable interest in the retirant's life, as the retirant shall
have nominated by written designation duly executed and filed with the board of
trustees at the time of election of the optional form of payment.
(3) Option C; social security coordinated pension: Under Option C, a retirant shall be
paid an increased pension to attainment of age sixty-five (65) years, and a reduced
pension thereafter. The increased pension paid to attainment of age sixty-five (65)
years shall approximate the sum of the reduced pension payable thereafter and the
retirant's estimated social security primary insurance amount. Option C is available
only to benefit group general members who retire pursuant to section 2-276 or section
2-278.
(Ord. No. 58-75-4, § 22, 12-22-75)
Sec. 2-283. Death while in city employment; elective survivor pension.
A member of the retirement system who has five (5) or more years of credited service in
force may nominate a beneficiary whom the board of trustees finds to be dependent upon the
L1lnJ :1 f l. at least fifty (50) poiiilV Jr suppoi L due Lk) lack of financial
llleiili5. A
member may revoke the nomination of beneficiary at any time and again nominate a benefi-
ciary whom the board of directors finds to he dependent upon the member for at least fifty (50)
percent of his/her support due to lack of financial means. The nomination of beneficiary shall
be in writing and filed with the board of trustees. The nomination of beneficiary shall be null
and void upon the member's retirement or prior termination of city employment. Upon the
death of a member who has a valid nomination of beneficiary in force, the beneficiary, if
living, shall be paid a level straight life pension computed according to section 2-281 in the
same manner in all respects as if the member had elected Option A provided in section 2-282
and retired the day preceding his/her death, notwithstanding that the member may not have
satisfied the conditions for retirement.
(Ord. No. 58-75-4, § 23, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87)
Sec. 2-284. Death while in city employment; automatic pension to spouse and/or children.
(a) The applicable benefits provided in subsections (b) and (c) shall be paid if a member of
the retirement system who has five (5) or more years of credited service in force dies while in
the employ of the city. The provisions of this section shall not apply in the case of death of a
member who has a valid designation of beneficiary in force pursuant to section 2-283.
Supp. No. 7
182
ADMINISTRATION § 2-285
(b) Subject to subsection (d), the person to whom the deceased member was married at the
time of death shall be paid a pension equal to a percent of the amount of level straight life
pension computed according to the applicable subsection of section 2-281, based on the de-
ceased member's final average compensation and credited service. The percent shall be equal
to the applicable following percent:
(1) Benefit group fire: Seventy-five (75) percent;
(2) Benefit group police: Seventy-five (75) percent;
(3) Benefit group general: Seventy-five (75) percent.
A surviving spouse's pension shall terminate upon remarriage or death.
(c) The deceased member's unmarried children under the age of nineteen (19) years shall
each be paid an equal share of a level straight life pension computed according to the
applicable subsection of section 2-281, based on the deceased member's final average compen-
sation and credited service. The percent shall be equal to the applicable following percent:
(1) Benefit group fire. Zero (0) percent during periods a pension is being paid in accord-
ance with the provisions of subsection (b). Fifty (50) percent during periods a pension
is not being paid in accordance with the provisions of subsection (b);
(2) Benefit group police. Zero (0) percent during periods a pension is being paid in
accordance with the provisions of subsection (b). Fifty percent during periods a
pension is not being paid in accordance with the provisions of subsection (b);
(3) Benefit group general. Zero (0) percent during periods a pension is being paid in
accordance with the provisions of subsection (b). Fifty (50) percent during periods a
pension is not being paid in accordance with the provisions of subsection (b).
A surviving child's pension shall terminate upon attainment of age nineteen (19) years,
marriage, adoption or death, and the pension of each remaining eligible child shall be
recomputed.
(Ord. No. 58-75-4, § 24, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87)
Sec. 2285. Maximum amount of pension.
In no case shall the annualized amount of a pension paid a member of the retirement
system or the annualized amount of all pensions paid on account of the death of a member
exceed the difference between:
(1) One hundred (100) percent of the member's final average compensation; and
(2) If the member's most recent date of hire is after December 31, 1978, the member's
initial annualized primary insurance amount under the federal old age, survivors,
disability and health insurance program, or in the event of the death of the member,
the annualized periodic benefit paid by the federal old age, survivors, disability and
health insurance programs; and, any workers' compensation benefits.
(Ord. No. 58-75-4, § 25, 12-22-75; Ord. No. 58-88-12, § 1, 8-8-88)
State law reference—Limitation of benefits, F.S. § 112.65.
Supp. No. 7
183
§ 2-286 ATLANTIC BEACH CODE
Sec. 2-286. Subrogation rights.
If a member of the retirement system, retirant or beneficiary becomes entitled to a
pension as the result of an accident or injury caused by the act of a third party, the city shall
be subrogated to the rights of such member, retirant or beneficiary against such third party to
the extent of pensions which the city pays or becomes liable to pay on account of such accident
or injury.
(Ord. No. 58-75-4, § 26, 12-22-75)
Sec. 2-287. Reserve for retired benefit payments.
The reserve for retired benefit payments shall be the account from which shall be paid all
pensions as provided in this division. Should any disability retirant be returned to the employ
of the city, the pension reserve at the date of return shall be transferred from the reserve for
retired benefil payn►e is Lu Liie reserve I'm employee conLri b utiuus and the reserve fur em-
ployer contributions in the proportion transfers were made from the accounts at the time of
retirement.
(Ord. No. 58-75-4, § 27, 12-22-75)
Sec, 2-288. Reserve for employer contributions; city contribution.
(a) The reserve for employer contributions shall be the account to which shall be credited
contributions made by the city and the state to the retirement system, and from which shall
be made transfers as provided in this section.
(b) Each year following receipt of the report of the annual actuarial valuation, the excess,
if any, of the reported value of pensions being paid and likely to be paid retirants and
beneficiaries over the balance in the reserve for retired benefit payments shall be transferred
from the reserve for employer contributions to the reserve for retired benefit payments.
(c) The financial objective of this division is to require city contributions to the retire-
ment system each year which together with other sources of income shall be sufficient to:
(1) Fully fund the cost of benefits likely to be paid on account of service rendered by
members during the year; and
(2) Finance unfunded costs of benefits likely to be paid on account of service rendered by
members prior to the current year over a period of not more than forty (40) years.
Such contributions shall be computed as level percents of member payroll in accordance with
generally accepted actuarial principles on the basis of such rates of interest and tables of
experience as the board of trustees shall from time to time adopt. The city shall also contrib-
ute the anticipated cost of any insurance coverage provided retirants and beneficiaries, to the
extent such cost cannot be covered by the unencumbered balance in the reserve for undistrib-
uted investment income. The board shall annually certify to the city commission the contribu-
tions determined according to this section, and the commission shall appropriate and pay to
the retirement system, during the next fiscal year, the contributions so certified.
(Ord. No. 58-75-4, § 28, 12-22-75)
Supp. No. 7
184
ADMINISTRATION § 2-289
Sec. 2-289. Reserve for undistributed investment income.
The reserve for undistributed investment income shall be the account to which shall be
credited all interest, dividends and other income from the investment of retirement system
assets, all gifts and bequests received by the retirement system, all unclaimed accumulated
Supp. No. 7
184.1
Chapter 5
BEACHES AND PARKS*
Art. I. In General, §§ 5-1-5-15
Art. II. Beach Safety Zone §§ 5-16-5-30
Art. III. Public Parks, § 5-31
ARTICLE I. IN GENERAL
Sec. 5-1. Closing during emergencies.
(a) During such times as, in the opinion of the director of public safety or, in his absence,
the city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the
bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the
safety, life and health of persons using the ocean or beach, or any condition shall exist or
threaten to occur that will imperil the peace and good order of the city, the director of public
safety is authorized to close the ocean or beach or both or any part thereof and prohibit all
swimming or bathing in the ocean or use of the beach or both in any manner, and require all
persons thereon forthwith to remove themselves therefrom, or any part thereof, until the
ocean, beach or dangerous areas are considered safe again for use.
(b) It shall be unlawful for any person to knowingly use or refuse, when ordered, to
remove themselves from any area which has been closed by the director of public safety.
(Code 1970, § 5-1)
Sec. 5-2. Undressing or changing clothes.
It shall be unlawful for any person to undress or change his clothing upon the ocean beach
within the city.
(Code 1970, § 5-2)
Sec. 5-3. Picnicking.
It shall be unlawful for any person to have or participate in a picnic on the ocean beach
within the city.
(Code 1970, § 5-3)
*Cross reference—Streets, sidewalks and other public places, Ch. 19.
State law references—Beach and Shore Preservation Act, F.S. Ch. 161; tidal lands and
bulkheads, F.S. § 253.12 et seq.; deposit of material in tidewater regulated, F.S. § 309.01;
Florida Boat Registration and Safety Law, F.S. Ch. 327; oceanography, conservation and
geology, F.S. Ch. 369 et seq.
Supp. No. 7
353
§ 5-4 ATLANTIC BEACH CODE
Sec. 5-4. Littering.
It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab or other
type of refuse upon the beach in the city.
(Code 1970, § 5-4)
Cross reference—Refuse and garbage generally, Ch. 16.
State law reference—Litter law, F.S. § 403.413.
Sec. 5-5. Surfboards.
It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent
to the beach within the corporate limits of the city at any time and at any location unless the
surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free
end of which must be securely bound to either the ankle or wrist of the surfer.
(Ord. No. 95-82-25, § 1, 4-26-82)
Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities.
It shall be unlawful for any person to park a sailboat or catamaran on the beach in any
manner which will obstruct the view of lifeguards performing lifeguard activities.
Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach.
It shall be unlawful for any person to operate any motorized boat or other motorized
apparatus within two hundred (200) feet of the beach.
Secs. 5-8-5-15. Reserved.
ARTICLE II. BEACH SAFETY ZONE
Sec. 5-16. Establishment; hours and period of use.
During the entire period from 8:00 a.m. and 7:00 p.m. of each day, beginning May first
and continuing to and including September thirtieth in each year, all of that area of the ocean
beach within the city lying southerly of the prolongation easterly of the northerly line of the
seawall to the low water mark of the Atlantic Ocean and northerly of the prolongation
easterly to the low water mark of the northerly line of lot 5, block 36, Atlantic Beach,
according to the plat recorded in plat book 5, page 69 of the current public records of the
county, is established as a safety zone for the use of persons engaged in bathing, sunbathing,
games, fishing and similar recreational activities.
(Code 1970, § 5-5)
Sec. 5-17. Use of vehicles and riding of animals prohibited.
It shall be unlawful for any person to propel, operate or drive any motorized vehicle or
any vehicle drawn by a draft animal or to ride any animal at any time within that area of the
Supp. No. 7
354
BEACHES AND PARKS § 5-31
ocean beach specified in section 5-16, above.
(Code 1970, § 5-6; Ord. No. 57-86-11, § 1, 4-14-86)
Cross references—Animals generally, Ch. 4; traffic and motor vehicles, Ch. 21.
Sec. 5-18. Barricades.
The city manager shall erect and maintain at all times during the hours and period
specified in section 5-16 suitable obstructions or barricades along the northerly and southerly
lines of the area described in section 5-16 to prevent the entry therein of vehicles and other
traffic prohibited by this article.
(Code 1970, § 5-7; Ord. No. 57-86-11, § 1, 4-14-86)
Secs. 5-19-5-30. Reserved.
ARTICLE III. PUBLIC PARKS
Sec. 5-31. Howell Park use prohibited after dark.
It shall be unlawful for any person or groups of persons to congregate in or about or
traverse through the area known as Howell Park between the hours of sunset and sunrise or
8:00 p.m. and 6:00 a.m. whichever is later.
(Ord. No. 95-88-35, § 1, 9-26-88)
Editor's note—Ord. No. 95-88-35, § 1, adopted September 26, 1988, amended the Code by
adding a new § 5-19. The aforesaid has been redesignated as § 5-31 at the discretion of the
editor.
Supp. No. 7
355
[The next page is 4051
TRAFFIC AND MOTOR VEHICLES § 21-22
prohibits stopping or parking, and any parking place specifically designated and
marked for the disabled unless the vehicle displays a parking permit as required by
state law.
(Ord. No. 75-82-3, § 2, 4-12-82)
State law reference—Similar provisions, F.S. § 316.1945.
Sec. 21-18. Obstructing traffic.
No person shall stop, stand or park a vehicle in a street in a manner or under such
conditions as to leave available less than ten (10) feet of a roadway for free movement of
vehicular traffic, except a driver may stop temporarily during the actual loading or unloading
of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or
a police officer.
(Ord. No. 75-82-3, § 3, 4-12-82)
Sec. 21-19. Compliance with signs prohibiting parking required.
When a sign prohibiting parking is erected, no person shall park a vehicle in such a
designated place.
(Ord. No. 75-82-3, § 4, 4-12-82)
Sec. 21-20. Parking limitations.
When a sign is erected in each block giving notice thereof, no person shall park a vehicle
for longer than the respective times set forth in any schedule applicable thereto promulgated
and adopted by the city manager.
(Ord. No. 75-82-3, § 5, 4-12-82)
Sec. 21-21. Parking for certain purposes prohibited.
No person shall stand or park a vehicle upon any roadway or right-of-way for the
principal purpose of:
(1) Displaying it for sale; or
(2) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emergency.
(Ord. No. 75-82-3, § 6, 4-12-82)
Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements.
(a) No person shall stop, stand, or park a bus or commercial vehicle in excess of eighteen
thousand five hundred (18,500) pounds gross vehicle weight, or any combination thereof, or
any component part thereof, except for the purpose of loading and unloading. Component part
shall include the tractor unit or trailer unit of tractor -trailer type truck.
(1) Upon any street or right-of-way;
(2) Upon any private property in a residential zone.
Supp. No. 7
1223
§ 21-22 ATLANTIC BEACH CODE
(b) No person shall stop, stand, or park a recreational vehicle, camper; travel trailer,
equipment trailer, boat, or trailer, or commercial vehicle in excess of ten thousand (10,000)
pounds gross vehicle weight upon any street or right-of-way.
(Ord. No. 75-82-3, § 7, 4-12-82)
Sec. 21-23. Parking more than seventy-two hours prohibited.
No person shall park a motor vehicle on any street or right-of-way for a period of time in
excess of seventy-two (72) hours.
(Ord. No. 75-82-3, § 8, 4-12-82)
Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.—Declared un-
lawful; exception; nuisance declared.
(a) Abandoned property. Florida Statute Chapter 705 is hereby adopted by reference in
its entirety as if fully set forth herein.
(1) Abandoned property on private property; procedures for removal thereof.
a. Whenever the enforcement officer, Atlantic Beach police officer or Atlantic Beach
code enforcement officer, shall ascertain that an article or articles of abandoned
property are present on private property within the limits of Atlantic Beach in
violation of any zoning ordinance or regulation, anti -litter ordinance or regula-
tion, or other similar ordinance or regulation of Atlantic Beach, the enforcement
officer shall cause a notice to be placed upon such article in substantially the
following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN
'111E ATTACHED D PROPER`1'Y. This property, to wit: (setting forth brief
description) located at (setting forth brief description of location) is improp-
erly stored and is in violation of (set forth ordinance or regulation violated)
and must be removed within ten (10) days or, if the property is a boat, thirty
(30) days from date of this notice; otherwise it shall be presumed to be
abandoned property and will be removed and destroyed by order of the City
of Atlantic Beach. If the property is a motor vehicle or boat, the owner will
be liable for the costs of removal and destruction.
Dated this: (Set forth date of posting of notice).
Signed: (Set forth name, title, address and telephone number of enforcement
officer).
Supp. No. 7
Such notice shall not be less than eight (8) inches by ten (10) inches and shall be
sufficiently weatherproofed to withstand normal exposure to the elements for a
period of ten (10) days. In addition to posting the notice, and on or before the date
of posting, the enforcement officer shall mail a copy of the notice to the owner of
the real property upon which the abandoned articles are located as shown by the
real estate tax record used by the City of Atlantic Beach, and if the abandoned
property is a motor vehicle or boat, shall make a reasonable effort to ascertain
1224
TRAFFIC AND MOTOR VEHICLES § 21-25
the name and address of the owner and shall mail a copy of the notice to such
owner.
b. If at the end of ten (10) days (or if the property is a boat, thirty (30) days) after
posting such notice, the owner or any person interested in the abandoned article
or articles described in such notice has not removed the article or articles and
complied with the ordinance or regulation cited in the notice, the enforcement
officer may cause the article or articles of abandoned property to be removed and
destroyed. The salvage value, if any, of such article or articles shall be retained
by the City of Atlantic Beach to be applied against the cost of removal and
destruction thereof, unless the cost of removal and destruction is paid by the
owner, in which case the salvage value may be deposited in the local government
general fund.
(b) Nuisance declared. To accumulate or store one (1) or more of such vehicles on public or
private property shall constitute a nuisance detrimental to the health, safety and welfare of
inhabitants of the city, and it shall be the duty of the registered owner of the vehicle, and the
property upon which the vehicle is located to remove the vehicle from the city limits, or to
have the vehicle housed in a building where it will not be visible from the street.
(Ord. No. 75-82-3, § 9, 4-12-82; Ord. No. 75-85-4, § 1, 3-11-85; Ord. No. 75-88-7, § 1, 9-12-88)
Cross reference—Nuisances, Ch. 12.
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:
(1) When a vehicle is left unattended:
a. On a sidewalk;
b. In front of a public or private driveway upon complaint;
c. Within fifteen (15) feet of a fire hydrant;
d. Within an intersection;
e. On a crosswalk; or
f. Alongside or opposite any street excavation or obstruction when stopping, stand-
ing, or parking would obstruct traffic.
Supp. No. 7
1224.1
UTILITIES § 22-169
Usage Classification ERC Factor
Master -metered commercial, more than one unit on one
meter $1.00 per unit
Commercial 5.50 x ERC Factor
Restaurants, laundries, and car wash connections 5.50 x ERC Factor
as provided in (a) above.
(Ord. No. 80-83-23, § I(Art. VIII, § 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)
Sec. 22-167. Schedule of wastewater volume charges.
(al There is hereby established a uniform volume charge per one thousand (1,000) gallons
of water as follows:
(1) Single-family residential
(2) Restaurants, laundries and car wash
$0.39 per 1,000 gallons of actual water con-
sumption up to a maximum of 50,000 gal-
lons per quarter
$1.50 per 1,000 gallons of actual water con -
connections sumption
(3) All other classifications
$0.39 per 1,000 gallons of actual water con-
sumption
(b) The rates applicable to customers outside of the city shall be one and one-half 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)
Sec. 22-168. Review and changes of rates.
The uniform rates and charges established by this division shall be reviewed annually, or
as directed by the city commission, and any change of rates and charges shall be established
by ordinance of the city commission after due public notification. Any rates and charges
established as provided in this division shall be binding with the same force and effect as if
incorporated in this section.
(Ord. No. 80-83-23, § I(Art. VIII, § 3), 6-27-83)
Sec. 22-169. Connection fees.
Charges for providing and approving connections to the sewer system with installation
performed by the city are as follows and shall be in addition to impact fees.
All units Cost for labor and
materials as provided
in section 2-368 of
the City Code.
(Ord. No. 80-83-23, § I(Art. VIII, § 4), 6-27-83; Ord. No. 80-87-35, § 1, 9-28-87)
Supp. No. 7
1295
§ 22-170
Sec. 22-170. Impact fees.
ATLANTIC BEACH CODE
The fee for providing facilities for new connections and capacity increases for growth shall
be as follows:
Residences, per unit $1,035.00
Commercial:
Office buildings, per 100 square feet 40.00
Groceries, per 100 square feet 20.00
Retail shops, per restroom 1,260.00
Theatres, per seat 16.00
Restaurants, per seat 160.00
Service stations, per restroom 3,150.00
Car wash, per stall 3,150.00
Beauty shops/barber shops, per chair 630.00
Laundromats, per machine 790.00
Hotels/motels, per restroom 475.00
(Ord. No. 80-83-23, § I(Art. VIII, § 5), 6-27-83)
Sec. 22-171. Payment of connection fees and impact fees.
Payment of connection fees shall be due and payable prior to the issuance of a building
permit. For existing buildings or structures, the city manager may allow payment of fees on
an extended payment plan for up to five (5) years if the owner has demonstrated to the
satisfaction of the city manager that the lump sum payment will constitute a hardship to the
applicant. A lien for the amount due shall be executed in recordable form reflecting the
payment schedule. Upon all payments being made in full, the lien shall he release of record.
(Ord. No. 80-83-23, § I(Art. VIII, § 6), 6-27-83)
Sec. 22-172. Disposition of impact fees.
All revenues collected by the city through sewer impact fees shall be held in a special
account to be known as the wastewater system capital improvement account. The money
deposited and held in said account and all interests accrued thereto shall be used only for the
improvement, expansion, and/or replacement of the wastewater collection, treatment, and
disposal system of the city.
(Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83)
Sec. 22-173. Billing.
The sewer charges prescribed by this division shall be on the same bill for the city water
charges and garbage collection charges, but each charge shall be shown as a separate item on
the bill. No user so charged for water, sewer, and garbage services may pay either of the
charges without simultaneously paying the charges for the other. Bills for sewer charges
Supp. No. 7
1296
UTILITIES § 22-175
where water and/or garbage service is furnished other than through the city shall be com-
puted as provided in section 22-167 and rendered at the same time as city water bills.
(Ord. No. 80-83-23, § I(Art. VIII, § 8), 6-27-83)
Sec. 22-174. Delinquent bills.
If any bill for monthly sewer, water or garbage service shall remain due and unpaid on
and after the thirtieth day from the billing date, dated on the bill, a penalty of five dollars
($5.00) shall be imposed and added to the bill. The city shall mail at that time a late notice to
the user stating that if the bill remains unpaid for a period of ten (10) additional days, then
the city shall discontinue the service. If the bill remains unpaid for a period of ten (10)
additional days, then all services shall be discontinued and shall not be reconnected until all
past due charges have been fully paid together with a turn-off and turn -on charge of fifteen
dollars ($15.00). If, after discontinuation of services, the bill remains unpaid for an additional
thirty (30) days, the city shall acquire a lien on the property being serviced which may be
foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid
and the lien satisfied.
(Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 1-13-76)
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)
Supp. No. 7
1297
ZONING AND SUBDIVISION REGULATIONS § 24-109
Sec. 24108, RMH residential mobile home districts.
(a) Intent. The RMH districts are intended for development of lots for mobile homes
locatBd in mobile home subdivisions or mobile home parks. The areas area not intended for
permanent single-family structures.
(b) Permitted uses. The uses permitted in these districts are mobile home parks or mobile
home subdivisions.
(c) Uses by exception. In these districts, the uses by exception area as follows:
(1) Service families to meet only the requirements of the occupants of a mobile home
park; minimum 75 spaces;
(2) Government buildings and facilities.
(d) Minimum lot or site requirements. The minimum requirements for lots and sites in
these districts are as follows:
(1) Lot or site area: 4,000 square feet; mobile home parks and mobile home subdivisions
must have a minimum site area of five (5) acres;
(2) Lot width: 40 feet;
(3) Lot depth: 100 feet.
(e) Minimum yard requirements. The minimum yard requirements in these districts are
as follows:
(1) Front yard: 20 feet;
(2) Rear yard: 20 feet;
(3) Side yard: 7.5 feet.
(f) Building restrictions. The building restrictions in these districts are as follows:
(1) Maximum lot coverage: none;
(2) Maximum building height: 20 feet.
(Ord. No. 90-82-74, § 2(III, F, 2), 7-26-82; Ord. No. 90-86-113, § 1, 1-12-87)
Sec. 24-109. CPO commercial professional and offices.
(a) Intent. The COP districts are intended as a district suitable for business and profes-
sional offices and with design criteria which permit its use in close proximity to RS districts.
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) Medical and dental offices (but not clinic or hospital), chiropractor (but not masseur).
(2) Professional offices, such as accountant, architect, attorney, engineer, land surveyor,
optometrist and similar uses.
Supp. No. 7
1441
§ 24-109 ATLANTIC BEACH CODE
(3) Business offices such as real estate broker, insurance agent, stock broker and similar
uses.
(4) Single-family dwellings.
All of the permitted uses in the CPO district are limited by the following conditions:
(A) No retail sales, display or storage of merchandise shall be permitted.
(B) No vehicles other than passenger automobiles or trucks of not more than three-
quarters ton capacity shall be used.
(C) No manufacture, repair or work of a mechanical nature of any kind shall be permit-
ted and no machinery shall be used other than normal office equipment such as
typewriters, calculators, computers, bookkeeping machines, etc.
(c) Uses by exception. In these districts, the uses by exception are as follows:
(1) Limited retail sales in conjunction with a permitted professional service being ren-
dered at the time.
(2) Medical or dental clinic, hospital, child care center, church.
(3) 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.
(5) Banks and financial institutions without drive-in tellers.
(6) Government buildings and facilities.
(d) Minimum lot or site requirements. The minimum lot or site requirements in these
districts are as follows:
(1) Lot or site area: 7,500 square feet;
(2) Lot width: 75 feet;
(3) Lot depth: 100 feet.
(e) Minimum yard requirements. The minimum yard requirements in these districts are as
follows:
(1) Front: 20 feet;
(2) Rear: 20 feet;
(3) Side: 10 feet;
(f) Building restrictions. The building restrictions in these districts are as follows:
(1) Maximum lot coverage: none;
Supp. No. 7
1442
ZONING AND SUBDIVISION REGULATIONS § 24-110
(2) Maximum building height: 35 feet.
(Ord. No. 90-85-96, § 1, 10-14-85; Ord. No. 90-86-113, § 2, 1-12-87; Ord. No. 90-88-132, § 1,
7-25-88)
Editor's note—Ord. No. 90-85-96, § 1, adopted October 14, 1985, repealed former §
24-111 in its entirety, renumbered former §§ 24-109 and 24-110 as §§ 24-110 and 24-111, and
added a new § 24-109. Former § 24-111 was concerned with the C.I. commercial intensive
district and derived from Ord. No. 90-82-74, § 2(III, F, 2), adopted July 26, 1982.
Sec. 24-110. CL commercial limited district.
(a) Intent. The CL Districts are intended for low intensity commercial uses and businesses
and commercial offices which are suitable within close proximity to RS Districts, however,
with regulation and oversite certain uses by exception within this district would be appro-
priate.
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry
cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as
wearing apparel, toys, sundries and notions, books and stationery, luggage and
jewelry; but not sale of lumber, hardware or building materials or similar uses.
(2) Art galleries, libraries, museums;
(3) Medical and dental offices, but not clinics or hospitals;
(4) Professional offices such as accountants, architects, attorneys, engineers, optome-
trists and similar uses;
(5) Business offices such as real estate broker, insurance agents, manufacturing agents
and similar uses;
(6) Banks and financial institutions;
(7) Convenience food stores but not supermarkets;
(8) Apothecaries;
(9) Government buildings and facilities.
(c) Uses by exception. In these districts, uses by exception are as follows:
(1) Those uses permitted in CG districts;
(2) Medical or dental, clinics;
(3) Child care centers;
(4) Churches;
(5) Limited wholesale operations;
(6) Convenience food stores with retail sale of gasoline;
(7) Contractor, not requiring outside storage;
(8) Limited warehousing, not including mini warehouses;
Supp. No. 7
1443
§ 24-110 ATLANTIC BEACH CODE
(9) Automotive/truck service garage (not including semi -tractor trailer repairs);
(10) Restaurants.
(d) Minimum lot or site requirements. The minimum requirements for lots and sites in
these districts are as follows:
(1) Lot or site area: 5,000 square feet;
(2) Lot width: 50 feet;
(3) Lot depth: 100 feet.
(e) Minimum yard requirements. The minimum yard requirements for these distri?ts are
as follows:
(1) Front yard: 20 feet. If buildings adjacent have provided a lesser front yard, front yard
shall be the average of buildings on adjacent lots. Where lot is adjacent to RS and RG
districts, front yard shall meet the requirements for such adjacent property;
(2) Rear yard: 20 feet;
(3) Side yard: 10 feet.
(f) Building restrictions. The buildings restrictions for these districts are a3 cllov)-s:
(1) Maximum lot coverage: none;
(2) Maximum building height: 35 feet.
(Ord. No, 90-82-74, § 2(II1, F, 2), 7-26-82; Ord. No. 90-85-96, § 1, 10-14-85; Ord. No. 90-85-98, §
1, 1-13-86; Ord. No. 90-86-113, § 2, 1-12-87; Ord. No. 90-88-134, § 1, 8-8-88)
Src, 24:111. CG commercial general districts.
(a) intent. The CG districts are intended to provide general retail sales and services for
the city as a whole. These districts should have direct access to major thoroughfares and are
well suited for development of community shopping centers.
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, sundries, sundries
and notions, books and stationery, luggage, jewelry, art, florist including silks, cam-
eras, 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 materi-
als, auto parts, and similar uses;
(2) Service establishments such as barber or beauty shop, shoe repair, restaurant, gym-
nasium, laundry or dry cleaner, funeral home, job printing, radio and television
repairs, lawn care service, pest control companies, and similar uses;
(3) Banks, loan companies, mortgage brokers, stockbrokers, and similar financial institutions;
(4) Business and professional offices;
(5) Retail plant nursery;
Supp. No. 7
1444
ZONING AND SUBDIVISION REGULATIONS § 24-111
(6) Retail sale of beer and wine;
(7) Auto service station, maintenance and minor repairs, car wash;
(8) Theater;
(9) Government buildings and facilities;
(10) Produce markets (no outside sales);
(11) Those uses permitted in Commercial Limited zoning;
(c) Uses by exception. In these districts, .uses by exception are as follows:
(1) Animal kennel;
(2) Veterinarian. clinic;
(3) Child care center;
Supp. No. 7
1444.1
ZONING AND SUBDIVISION REGULATIONS § 24-188
(7) To ensure proper legal descriptions and monumenting of subdivided land;
(8) To prevent or reduce the pollution of air, streams and ponds; to assure the adequacy
of drainage facilities; to safeguard the water table; and to encourage the wise use and
management of natural resources throughout the jurisdiction of the city in order to
preserve the integrity, stability and beauty of the community and the natural value
of the land;
(9) To provide for open spaces and recreational areas through the most efficient design
and layout of the land;
(10) To guide the future growth and development of the city, in accordance with the
comprehensive plan and article III of this chapter.
(Ord. No. 90-82-74, § 2(IV, A, 1), 7-26-82)
Sec. 24-187. Waiver.
(a) General. Where the city commission finds that undue hardship to unreasonable prac-
tical difficulties may result from strict compliance with this article, the city commission may
approve a waiver to the requirements of this article if the waiver serves the public interest.
(b) Conditions of waiver. An applicant seeking a waiver will submit to the city commis-
sion a written request for the waiver stating the reasons for the waiver and the facts which
support the waiver. The city commission shall not approve a waiver unless it determines as
follows:
(1) The particular physical conditions, shape or topography of the specific property
involved causes an undue hardship to the applicant if the strict letter of the article is
carried out;
(2) The granting of the waiver will not be injurious to the other adjacent property;
(3) The conditions, upon which a request for waiver are based, are peculiar to the
property for which the waiver is sought, are not generally applicable to other prop-
erty and do not result from actions of the applicant;
(4) The waiver is consistent with the intent and purpose of article III of this chapter, the
comprehensive plan and the requirements of this article. If the city commission
approves a waiver, the city commission may attach such conditions to the waiver as
will assure that the waiver will comply with the intent and purpose of this article.
(Ord. No. 90-82-74, § 2(IV, A, 2), 7-26-82)
Sec. 24-188. Resubdivision of land.
(a) Procedure for resubdivision. For any change in a map of an approved or recorded
subdivision plat, if the change affects any street layout shown on such a map, or any area
reserved thereon for public use, or any lot line, or if it affects any map or plan legally
Supp. No. 7
1465
§ 24-188 ATLANTIC BEACH CODE
established prior to the adoption of any regulations controlling subdivisions, the parcel shall
be approved by the city commission by the same procedure, rules and regulations as for a
subdivision.
(b) Procedure for subdivisions where future resubdivision is indicated. Whenever a parcel
of land is subdivided and the subdivision plat shows one (1) or more lots containing more than
one (1) acre of land and there are indications that the lots will eventually be resubdivided into
small building sites, the city commission may require the allowance for future opening of
streets and the ultimate extension of adjacent streets on that parcel of land. Easements
providing for the future opening and extension of the streets may be made a requirement of
the plat.
(c) Combination or recombination of previously platted lots. No combination or recombina-
tion of portions of previously platted lots is permitted when new parcels or residual po.reel
smaller than any of the original lots are created, unless otherwise permitted under townhouse
regulations, or, except on approval of the city commission, when the recombination of lots will
reduce density otherwise permitted and further provided that the square footage of any such
recombined lot shall not be less than five thousand (5,000) square feet. Upon approval of the
city commission lots which fall under the definition of double frontage lots, except lots having
frontage on the Atlantic Ocean, may be combined or recombined where residual parcels
smaller than any of the original lots are created provided that after such division is accom-
plished, the residual lots can meet the required lot area, lot width, and all required front, rear,
and side yard setbacks.
(Ord. No. 90-82-74, § 2(IV, A, 3), 7-26-82; Ord. No. 90-83-82, § 1, 12-12-83; Ord. No. 90-87-127, §
1, 1-11-88; Ord. No. 90-88-136, § 1, 10-24-88)
Sec. 24-18". v acai,ion of plats.
An applicant may apply for the vacation of any plat or any part of any plat at any time
before the sale of any lot therein, by a written instrument, to which a copy of the plat shall be
attached, requesting the same to be vacated.
(Ord. No. 90-82-74, § 2(IV, A, 3), 7-26-82; Ord. No. 90-83-82, § 1, 12-12-83)
Secs. 24190-24-200. Reserved.
DIVISION 2. APPLICATION PROCEDURE
Sec. 24-201. General requirements.
It shall be unlawful for any person to submit a plat for the subdivision of land to the clerk
of the circuit court of the county or his representative for the purpose of recording the plat in
the office of the clerk until the plat has been approved by the city commission under the
provisions of this article and signed by the mayor. If an unapproved plat is recorded, it shall
Supp. No. 7
1466
ZONING AND SUBDIVISION REGULATIONS § 24-202
be stricken from the public records upon the adoption of an appropriate resolution by the city
commission. No changes, erasures, modifications or revisions shall be made in any plat,
approval by the city commission without the consent of the city commission.
(Ord. No. 90-82-74, § 2(IV, B, 1), 7-26-82)
Sec. 24-202. Plat review procedure.
There are three (3) stages of review for plat approval: the concept plan review, the
preliminary plat review, and the final plat approval. The administrative official shall check
each stage of review for consistency with the comprehensive plan and article III of this
Supp. No. 7
1466.1
CODE COMPARATIVE TABLE
Ordinance Section
Number Date Section this Code
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)
Supp. No. 7
1995
[The next page is 2043]
STATUTORY REFERENCE TABLE
F.S. Section F. S. Section
Section this Code Section this Code
Ch. 650 Ch. 2, Art. VI, Ch. 767 Ch. 3, Art. II(note)
Div. 2(note) 4-26
2-241 768.28 Char., § 160
650.02 2-241 2-1(b)(1)
650.05 Ch. 2, Art. VI, 790.15 13-3
Div. 2(note) Ch. 791 Ch. 7(note)
Ch. 705 Ch. 15, Art. II 806.13 6-111
(note) 22-57
21-24 Ch. 823 Ch. 12(note)
705.16 Ch. 2, Art. II(note) Ch. 828 4-5
Ch. 760 Ch. 9(note) 876.05 Char., § 168
760.20 Ch. 9, Art. II(note) 893.03 13-4
760.22 9-16 13-5
760.23 9-17 893.147 13-5
760.24 9-18 932.701 Ch. 15, Art. II
760.25 9-22 (note)
760.29 9-23 943.25(8Xa) 15-1
760.37 9-24
Supp. No. 7
2055
[The next page is 2081]
CODE INDEX
BEACHES—Cont'd. Section
Motorized boats or other apparatus
Operation of within 200 feet of beach 5-7
Operation of motorized apparatus within 200 feet of beach 5-7
Parking of sailboats not to obstruct lifeguard activities 5-6
Parks, playgrounds and recreation. See also that subject
Picnicking 5-3
Safety zone
Barricade 5-18
Establishment; hours and periods of use 5-16
Use of vehicles and riding of animals prohibited 5-17
Sailboats
Parking not to obstruct lifeguard activities 5-6
Surfboards 5-5
Undressing or changing clothes 5-2
Vehicles
Safety zone
Use of vehicles prohibited 5-17
BEAUTIFICATION
Community development board
Duties of board re beautification of city 14-20(7)
BELLS
Noise. See also that subject
Ringing handbells, etc., in public places generally 11-2
BENEFITS OF EMPLOYEES. See: O1I'FICERS AND EMPLOYEES
BIDS, BIDDING
Purchasing 2-331 et seq.
See: PURCHASES, PURCHASING
BILLBOARDS. See: SIGNS AND ADVERTISING STRUCTURES
BIRD SANCTUARY. See also: ANIMALS AND FOWL
City designated sanctuary; shooting, molesting, etc., birds 4-4
Br r1 S
Dog bites, etc. 4-28, 4-29
BLOCKS
Subdivisions
Design and construction standards 24-254
BLOWERS OR POWER FANS
Muffling of 11-7
BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF
CITY
BOAT TRAILERS. See: RECREATIONAL VEHICLES
BOATS
Beach regulations
Operation of motorized apparatus within 200 feet of beach .. 5-7
Parking of sailboats not to obstruct lifeguard activities 5-6
Supp. No. 7
2107
ATLANTIC BEACH CODE
BOND ISSUES Section
Certain ordinances saved from repeal 1-5
BONDS, BAIL
Additional court costs assessed for police training
Forfeited bail bonds 15-1.
BONDS, BID
Purchasing procedure, hid deposits or hid bonds 2-333
BONDS; MAINTENANCE
Subdivisions, assurance for completion and maintenance of
improvements 24-233
BONDS, PERFORMANCE
Purchasing, bid procedure
Performance and labor and material payment bonds 2--335(c)
BONDS, PERSONAL
Subdivision developers
Personal bond with letter of credit 24-232(aX3)
BONDS, SURETY
Signs and advertising structures
Bond requirements for certain signs 17-3
Subdivision developers, surety bond to be furnished 24-232(aX4)
BOOKS
Obscene matter prohibited 13-6
BOUNDARIES OF ZONING DISTRICTS. See: ZONING
BUDGET
Certain ordinances saved from repeal 1-5
2-76
Director of finance's dutiee rn
See also: FINANCES
BUILDINGS AND BUILDING REGULATIONS
Building code
Adoption 6-16
Amendments 6-17
See: CODE ENFORCEMENT BOARD 2-146
Swimming pool enclosures, roofed
Compliance with building code 6-92
Wastewater system, building sewers- and connections
Conformance with building code 22-106
Zoning regulations, construction within the districts
Structures to comply with building code 24-66(b)
Building official
Flood hazard districts, enforcement of provisions t1-11
Numbering of buildings
Duties of official 6-108
Trees, building official's jurisdiction and authority re 23-16, 23-17
Supp. No. 7
2108
CODE INDEX
OFFICERS AND EMPLOYEES—Cont'd. Section
Credited service 2-272
Loss of credited service 2-273
Military service credit 2-275
Reinstatement of credited service 2-274
Death while in city employment 2-283, 2-284
Automatic pension to spouse and/or children 2-284
Elective survivor pension 2-283
Deferred retirement upon separation from employment (vesting) 2-278
Definitions 2-262
Disability retirement
Continuation subject to re-examination; return to employment 2-280
General conditions for eligibility 2-279
Divisions 2-291
Errors 2-296
Expenses of administering system 2-292
Fraud, protection against 2-297
Insurance coverage for retirants and beneficiaries 2-293
Investment of retirement system assets 2-290
Level straight life pension, amount of 2-281
Member contributions 2-298
Membership generally 2-271
Method of making payments 2-294
Military service credit 2-275
Officers and employed services 2-270
Optional forms of pension payment 2-282
Reserve for employer contributions; city contribution 2-288;
Reserve for retired benefit payments 2-287
Reserve for undistributed investment income 2-289
Subrogation rights 2-286
Undistributed investment income, reserve for 2-289
Voluntary retirement conditions 2-276
Social security
Old -age and survivors insurance. See herein that subject
Travel expenses
Uniform travel policy and procedure 2-356 et seq.
See: TRAVEL
Waterworks system
Right of access by city employees 22-21
Tapping of mains, etc., restricted to city employees 22-17
OFFICIAL MAP. See: MAPS
OFF-STREET PARKING
Zoning regulations 24-136 et seq.
See: ZONING
OIL, GREASE, ETC.
Public sewers, use of
Grease, oil and sand interceptors 22-132
Limitations on discharge concentrations or quantities 22-130
Prohibited discharges 22-129
Supp. No. 7
2135
ATLANTIC BEACH CODE
OIL, GREASE, ETC.—Cont'd. Section
Removal of spent oils or greases accumulated at garages, fill-
ing stations, etc. 16-9
ORDINANCES
Code of ordinances 1-1 et seq.
See: CODE OF ORDINANCES
OUTDOOR LIGHTS
Signs and advertising structures
Use of flashing, revolving or blinker -type outdoor lights .. 17-10
OWNER
Defined 1-2
P
PARADES AND PROCESSIONS
Permits required for 21-2
PARKING
Sailboats, parking of not to obstruct lifeguard activities at
beaches 5-6
Stopping, standing and parking of vehicles 21-16 et seq.
See: TRAFFIC
Zoning regulations 24-136 et seq.
See: ZONING
PARKING LOTS
Loitering in public places, etc 13-2
Water shortages
Washing of parking lots 22-39(e)
Zoning regulations 24-162
PARKS, PLAYGROUNDS AND RECREATION
Alcoholic beverages
Consumption, possession of open containers upon public property 3-12
Beaches. See also that subject
Definition of"public place" to include parks 1-2
Dogs and cats running at large 4-24
Garbage, trash, bottles, etc.
Depositing in parks 16-5
Howell Park
Use prohibited after dark 5-31
Loitering in parks 13-2
Obstructing passage through parks, etc 13-2
Zoning regulations
Accessory uses by zoning district
Tennis, basketball, etc., and other private recreation uses 24-151(bXl)
PARTNERSHIPS
Definition of "person" to include partnerships 1-2
PEDDLERS. See: SOLICITORS, PEDDLERS, ETC.
PEDESTRIAN EASEMENTS
Subdivisions, design and construction standards 24-253(d)
Supp. No. 7
2136
CODE INDEX
POLICE DEPARTMENT—Cont'd. Section
Chief of police
Appointment, compensation 2-51
Confiscated or lost property, disposition of
Duties of chief 15-16 et seq.
Duties and authority 2-52
Powers and authority 2-53
Confiscated or lost property, disposition of
Destruction 15-20
Hours of sales 15-19
Notice of sales 15-18
Sale of confiscated property 15-16
Sale of lost and found property 15-17
Transfer of unclaimed or confiscated property
Transfer for use by city or other governmental agency 15-21
Director of public safety
Supervision of police department 2-41
Powers and authority of deputies and chief 2-53
POLLUTION
Building sewers and connections
Disposal of polluted surface drainage 22-108
Public sewers
Discharging polluted waters into natural outlets, etc. 22-72
POWER FANS
Muffling of 11-7
PRECEDING, FOLLOWING
Defined 1-2
PRIVIES, PRIVY VAULTS
Constructing 22-73
PROPERTY
Abandoned, wrecked, junked or inoperative property, etc.
Declared unlawful; exception; nuisance declared 21-24
Confiscated or lost property
Disposition of 15-16 et seq.
See: POLICE DEPARTMENT
Dogs or cats damaging property 4-26
Insurance premium taxes
Property insurance 20-77
PUBLIC ADDRESS OR LOUDSPEAKER SYSTEMS
Noise provisions 11-8
PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES
PUBLIC SAFETY
Director of public safety 2-41
Fire department 2-61 et seq.
See: FIRE DEPARTMENT
Supp. No. 7
2139
ATLANTIC BEACH CODE
PUBLIC SAFETY—Cont'd. Section
Police department 2-51 et seq.
See: POLICE DEPARTMENT
PUBLIC SERVICE TAX
Provisions re 20-16 et seq.
See: TAXATION
PUBLIC WORKS AND IMPROVEMENTS
Community development board 14-16 et seq.
See: PLANNING
Department of public works
Created 2-79 .
Director of public services
Appointment, compensation 2-80
Duties generally 2-31
Division chiefs
Appointment, compensation 2-82
Duties, other 2-83
PURCHASES, PURCHASING
Bids
Award of contract 2-335
Deposits or bonds 2-333
Exceptions 2-336
Notices inviting 2-332
Opening procedure 2-334
When required 2-331
Open market procedures 2-337
Payments 2-339
Scope of purchasing authority 2-338
R
RABIES
Animals and fowl, rabies provisions 4-1 et seq.
See: ANIMALS AND FOWL
RACIAL DISCRIMINATION
Fair housing 9-16 et seq.
See: FAIR HOUSING
RADIO AND TELEVISION TOWERS
Zoning regulations, height limitations 24-156
RADIOACTIVE FALLOUT
Fallout shelters, zoning regulations
Accessory uses by zoning district 24-151(bX1)
RADIOACTIVE WASTES OR ISOTOPES
Public sewers, use of
Limitations on discharge concentrations or quantities 22-130(7)
REAL ESTATE BROKERS
Fair housing 9-16 et seq.
Supp. No. 7
2140
CODE INDEX
RECREATIONAL VEHICLES (Campers, travel trailers, boats, Section
etc.)
Provisions re 10-1 et seq.
See: MOBILE HOMES AND RECREATIONAL VEHICLES
REFRIGERATORS
Abandoned refrigerators, nuisance provisions 12-1(bX6). (7)
Abatement of' nuisances, etc. See: NUISANCES
REFUSE. See: GARBAGE AND REFUSE
REGISTRATION
Dogs and cats 4-22
Solicitors 18-17
RELIGIOUS DISCRIMINATION
Fair housing 9-16 et seq.
See: FAIR HOUSING
RENTALS
Fair housing 9-16 et seq.
See: FAIR HOUSING
Waterworks system
Initial payment of minimum water rental 22-18
REPEAL OF ORDINANCES. See: CODE OF ORDINANCES
RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS
RETIREMENT
Retirement system for city employees 2-261 et seq.
See: OFFICERS AND EMPLOYEES
REWARDS
Arsonists
Reward for information leading to conviction of 7-1
RIGHTS-OF-WAY
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended upon any street or right-of-way 21-25(a)
Building sewer installations, excavations within public right-
of-way 22-111
Buses or commercial vehicles
Stopping, standing or parking upon street or right-of-way 21-22
Maintenance of signs on state highway rights-of-way 17-35
Supp. No. 7
2140.1