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AB Code Supplement 6SUPPLEMENT NO. 6 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. 95-88-33, enacted April 25, 1988. See Code Comparative Table, page 1995. Remove old pages Insert new pages ix—xii ix—xii Checklist of up-to-date pages Checklist of up-to-date pages 159, 160 157-159 175-178 175-178 179-184 179-184 186.1 186.1 195, 196 195, 196 299-304 299-304 411, 412 411, 412 521-526 521-535 1277, 1278 1277, 1278 1295-1298 1294.1-1297 1417, 1418 1417, 1418 1433, 1434 1433, 1434 1437, 1438 1437-1438.1 1441, 1442 1441, 1442 1459-1462 1459-1462.1 1465, 1466 1465-1466.1 1993, 1994 1993-1995 2055 2055 2081, 2082 2081, 2082 Index pages Index pages 2120.1-2122 2121-2122.1 2127, 2128 2127-2128.1 2133-2138 2133-2138.1 2145-2148.1 2145-2148.1 2159, 2160 2159-2160.1 2163, 2164 2163, 2164 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida July, 1988 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. W. Departments 163 Div. 1. Generally 163 Div. 2. Police Department 164 Div. 3. Fire Department 164 Div. 4. Department of Finance 165 Supp. No. 6 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 353 Art. I. In General 353 Art. II. Safety Zone 354 6 . Buildings and Building Regulations 405 Art. I. In General 405 Art. II. Building Code 405 Art. III. Electrical Code 409 Art. IV. Plumbing Code 412 Art. V. Mechanical Code 413 Art. VI. Swimming Pool Code 415 Art. VII. Numbering of Buildings 416 7. Fire Prevention and Protection 469 Art. I. In General 469 Art. II. Fire Prevention Code 469 8. Flood Hazard 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. 6 TABLE OF CONTENTS—Cont'd. Chapter Page 14. Planning/Zoning/Appeals 839 Art. I. In General 839 Art. II. Community Development Board 839 15. Police 891 Art. L In General 891 Art. II. Disposition of Confiscated or Lost Property 891 16. Refuse and Garbage 943 17. Signs and Advertising Structures 997 Art. I. In General 997 Art. II. Permit 1003 18. Solicitors 1055 Art. I. In General 1055 Art. II. Permit 1055 19. Streets, Sidewalks and Other Public Places 1107 20. Taxation 1157 Art. I. In General 1157 Art. II. Public Service Tax 1157 Div. 1. Generally 1157 Div. 2. Telephone Service 1159 Art. III. Occupational License Tax 1160 Art. IV. Insurance Premium Taxes 1170 21. Traffic and Motor Vehicles 1221 Art. I. In General 1221 Art. II. Stopping, Standing and Parking 1222 Div. 1. Generally 1222 Div. 2. Enforcement 1225 22. Utilities 1277 Art. I. In General 1277 Art. II. Waterworks System 1277 Art. III. Wastewater System 1284 Div, 1. Generally 1284 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1287 Div. 4. Building Sewers and Connections 1288 Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer Use User Rates and Charges 1294.1 Div. 8. Sewer System Extensions 1299 23. Vegetation 1351 Art. I. In General 1351 Art. II. Trees 1351 Art. III. Accumulation of Weeds 1352 24. Zoning and Subdivision Regulations 1403 Art. I. In General 1403 Art. II. Language and Definitions 1404 Supp. No. 6 xi ATLANTIC BEACH CODE Chapter Page Art. III. Zoning Regulations 1420 Div. 1. Generally .. _ .. 1420 Div. 2. Administration 1420 Div. 3. Application Procedures 1424 Div. 4. General Provisions and Exceptions 1429 Div. 5. Establishment of Districts 1433 Div. 6. Planned Unit Development (PUD) 1446 Div. 7. Supplementary Regulations 1452 Art. IV. Subdivision Regulations 1464 Div. 1. Generally 1464 Div. 2. Application Procedure 1466 Div. 3. Required Improvements 1473 Div. 4. Assurance for Completion and Maintenance of Improvements 1474 Div. 5. Design and Construction Standards 1477 Code Comparative Table -1970 Code 1983 Code Comparative Table—Ordinances 1987 Code Comparative Table—Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2103 Supp. No. 6 xii Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for - page substitution basis, it has become evident that through usage and sup- plementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been re- printed in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 163, 164 OC iii OC 165, 166 4 v, vi OC 166.1 5 vii, viii 1 167, 168 1 ix, x 6 169, 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 6 13, 14 5 183, 184 6 14.1 5 185, 186 2 15, 16 OC 186.1 6 17, 18 5 187, 188 OC 19 5 189, 190 5 23, 24 OC 190.1 5 25, 26 OC 191, 192 OC 27, 28 OC 193, 194 OC 79 5, Add. 195, 196 6 91 5 245, 246 OC 103, 104 OC 247, 248 3 105, 106 OC 299, 300 6 107, 108 OC 301, 302 6 157, 158 6 303, 304 6 159 6: 353, 354 4 161, 162 OC 355 4 Supp. No. 6 Page No. 405, 406 407, 408 409, 410 410.1, 410.2 410.3, 410.4 410.5, 410.6 410.7, 410.8 411, 412 413, 414 415, 416 417, 418 469, 470 521, 522 523, 524 525, 526 527, 528 529, 530 531, 532 533, 534 535 577, 578 579, 580 581 631, 632 683, 684 685 735, 736 737 787, 788 789, 790 839, 840 841, 842 843 891, 892 943, 944 945, 946 947 997, 998 999, 1000 1001, 1002 1003, 1004 1005 1055, 1056 1057 1107 1157, 1158 1159, 1160 1161, 1162 1163, 1164 1165, 1166 Supp. No. 6 ATLANTIC BEACH CODE Supp. No. OC OC 5 5 5 5 5 6 OC OC OC OC 6 6 6 6 6 6 6 6 OC OC OC OC OC OC OC OC 5 5 5 OC 3 3 3 OC SOC OC OC OC OC OC OC 00 2 2 2 2 [2] Page No. Supp. No. 1167, 1168 2 1169, 1170 2 1171 5 1221, 1222 OC 1223, 1224 2 1225, 1226 5 1227 5 1277, 1278 6 1279, 1280 5 1280.1 5 1281, 1282 OC 1283, 1284 3 1284.1 3 1285, 1286 00 1287, 1288 OC 1289, 1290 OC 1291, 1292 OC 1293, 1294 OC 1294.1, 1294.2 6 1295, 1296 6 1297 6 1298.1, 1298.2 3 1299, 1300 OC 1301 OC 1351, 1352 OC 1353 OC 1403, 1404 5 1405, 1406 3 1407 no OC i�vs, t�iiu �y� 1409, 1410 5 1411, 1412 OC 1413, 1414 5 1415, 1416 5 1417, 1418 6 1419, 1420 5 1421, 1422 5 1423, 1424 5 1425, 1426 5 1427, 1428 5 1428.1 5 1429, 1430 OC 1431, 1432 5 1433, 1434 6 1435, 1436 5 1437, 1438 6 1438.1 6 1439, 1440 5 1441, 1442 6 1443, 1444 5 1445, 1446 5 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1446.1, 1446.2 5 2107, 2108 5 1447, 1448 OC 2108.1 5 1449, 1450 5 2109, 2110 OC 1451, 1452 OC 2111, 2112 5 1453, 1454 4 2113, 2114 5 1455, 1456 5 2115, 2116 5 1456.1 5 2116.1 5 1457, 1458 2 2117, 2118 1 1459, 1460 6 2119, 2120 3 1461, 1462 6 2121, 2122 6 1462.1 6 2122.1 6 1463, 1464 OC 2123, 2124 5 1465, 1466 6 2125, 2126 5 1466.1 6 2127, 2128 6 1467, 1468 OC 2128.1 6 1469, 1470 OC 2129, 2130 5 1471, 1472 OC 2130.1 5 1473, 1474 OC 2131, 2132 3 1475, 1476 3 2133, 2134 6 1477, 1478 OC 2135, 2136 6 1479, 1480 OC 2137, 2138 6 1481, 1482 OC 2138.1 6 1483 OC 2139, 2140 5 1983, 1984 OC 2140.1 5 1985 OC 2141, 2142 OC 1987, 1988 OC 2143, 2144 5 1989, 1990 OC 2145, 2146 6 1991, 1992 2 2147, 2148 6 1993, 1994 6 2148.1 6 1995 6 2149, 2150 OC 2043 OC 2151, 2152 5 2053, 2054 5 2152.1 1 2055 6 2153, 2154 OC 2081, 2082 6 2155, 2156 2 2083, 2084 5 2157, 2158 1 2085, 2086 OC 2159, 2160 6 2087, 2088 5 2160.1 6 2089, 2090 5 2161, 2162 3 2091, 2092 5 2162.1 3 2093, 2094 5 2163, 2164 6 2095, 2096 5 2165, 2166 5 2097, 2098 5 2166.1 5 2099, 2100 5 2167, 2168 OC 2103, 2104 5 2169, 2170 5 2105, 2106 5 2171, 2172 5 Supp. No. f; [31 Chapter 2 ADMINISTRATION* Art. L In General, §§ 2-1-2-15 Art. II. City Commission, §§ 2-16-2-30 Art. III. City Manager, §§ 2-31-2-40 Art. IV. Departments, §§ 2-41-2-130 Div. 1. Generally, §§ 2-41-2-50 Div. 2. Police Department, §§ 2-51-2-60 Div. 3. Fire Department, §§ 2-61-2-70 Div. 4. Department of Finance, §§ 2-71-2-78 Div. 5. Department of Public Works, §§ 2-79-2-140 Art. V. Boards and Commissions, §§ 2-131-2-225 Div. 1. Generally, §§ 2-131-2-140 Div. 2. Code Enforcement Board, §§ 2-141-2-225 Art. VI. Employer Benefits, §§ 2-226-2-2-310 Div. 1. Generally, §§ 2-226-2-240 Div. 2. Old -Age and Survivors Insurance, §§ 2-241-2-260 Div. 3. Retirement System, §§ 2-261-2-310 Art. VII. Finance, §§ 2-311-2-366 Div. 1. Generally, §§ 2-311-2-330 Div. 2. Purchasing, §§ 2-331-2-355 Div. 3. Uniform Travel Policy and Procedure, §§ 2-356-2-366 Div. 4. Service and User Charges, §§ 2-367, 2-368 ARTICLE I. IN GENERAL Sec. 2-1. Defense of civil actions against public officers, employees or agents; pay- ment 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 *Charter references—Form of government, § 3; general powers, § 4. Cross references—Planning/zoning/appeals, Ch. 14; community development hoard, § 14-16 et seq.; police, Ch. 15; taxation, Ch. 20; utilities, Ch. 22; administration of zoning regulations, § 24-46 et seq. State law references—Public records, F.S. Ch. 119; public meetings and records, F.S. § 286.011. Supp. No. 6 157 § 2-1 ATLANTIC BEACH CODE 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 subsec- tion (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. (3) 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) 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. Secs. 2-2-2-15. Reserved. ARTICLE II. CITY COMMISSION* Sec. 2-16. Time and place of rar meetings. The regular meetings of the city commission shall be held on the second and fourth Mondays of each month, except December, in city hall, at 7:15 p.m. If the second or fourth *Charter reference—The commission, § 5 et seq. State law reference—Code of ethics for public officers and employees, F.S. § 112.311 et seq. Supp. No. 6 158 ADMINISTRATION § 2-19 Monday falls on a holiday, the regular meeting shall be held on the Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. Additional regular meetings shall be held on the night of every election. (Code 1970, § 2-2; Ord. No. 5-83-10, § 1, 12-12-83) Sec. 2-17. Calling special meetings. The mayor -commissioner, city manager or a majority of the city commission may call a special meeting of the city commission on twenty-four (24) hours' notice. (Code 1970, § 2-2) Sec. 2-18. Quorum. Three (3) members of the city commission shall constitute a quorum, but a less number may adjourn from time to time until a quorum is present. (Code 1970, § 2-4) Sec. 2-19. Rules of conduct and procedure at meetings. The following rules shall govern procedure and conduct of city commission meetings: (1) Rule 1. The mayor -commission shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meeting and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, may speak to points of order in preference to other members, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commis- sion by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. (2) Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one (1) member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, and each call of the roll shall be restated in a manner so that upon each call thereof, he will commence with the member's name that was called second upon the preceding roll call, and thereafter proceed to call the roll according to alphabetical order; except, that the mayor - commissioner's name shall be called last. (3) Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding officer shall pass upon the point of order. (4) Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time. (5) Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. Supp. No. 6 159 ADMINISTRATION § 2-267 Sec. 2-264. Board of trustees—Responsibilities and duties generally. The general administration, management and responsibility for the proper operation of the retirement system, and for construing and making effective the provisions of this division are vested in the board of trustees. (Ord. No. 58-75-4, § 4, 12-22-75) Crosss reference—Boards and commissions genera_l'Iy, §' 2-131 et seq. Sec. 2-265. Same—Actuarial data; report to city commission. (a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended by the actuary as necessary for the operation of the retirement system on an actuarial basis. The board shall keep or cause to be kept, in convenient form, such additional data as is required to properly report the operations of the system. (b) The board shall render a report to the city commission on or before the first day of April of each year showing the fiscal transactions of the retirement system for the year ended the preceding thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of September, and a copy of the most recent actuarial report. (Ord. No. 58-75-4, § 10, 12-22-75) Sec. 2-266. Same—Composition. The board of trustees shall consist of five (5) trustees as follows: (1) Two (2) residents of the city to be selected by the city commission and serve at the pleasure of the city commission; (2) One (1) member of the retirement system who is either a police officer or a firefighter, but not the chief of either department to be elected by the members of the retirement system who are also police officers or firefighters; (3) One (1) member of the retirement system who is neither a police officer nor firefighter to be elected by the members of the retirement system who are neither police officers or firefighters; (4) One (1) resident of the city to be selected by the other four (4) members of the board of trustees, and whose appointment shall be confirmed by a vote of the city commission. The elections provided for in subsections (2) and (3) of this section shall be held in accordance with such rules as the board of trustees shall from time to time adopt. (Ord. No. 58-75-4, § 5, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87) Sec. 2-267. Same—Term of office; oath of office. The regular term of office of a member of the board of trustees shall be two (2) years for civilian members and two (2) years for employee representatives, unless they terminate employment, whereupon a new election will be held by the members of the plan for their Supp. No. 6 175 § 2-267 ATLANTIC BEACH CODE trustee representatives. Each trustee shall, before assuming the duties of trustee, qualify by taking an oath of office to be administered by the city clerk. (Ord. No. 58-75-4, § 6, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87) Sec. 2-268. Same—Vacancy; filling of vacancy. (a) A vacancy shall occur on the board of trustees if any civilian member shall resign or any employee representative ceases to be employed by the city. A vacancy shall occur on the board if any member elected trustee fails to attend five (5) consecutive meetings of the board unless, in each case, excused for cause by the trustees attending the meeting. (b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety (90) days for the unexpired term, if applicable, in the same manner as the position was previously filled. (Ord. No. 58-75-4, § 7, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87) Sec. 2-269. Same—Meetings; quorum; voting; compensation. The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall designate the time and place of each meeting. All meetings of the board shall be open to the public. Notice of such meetings shall be posted on employee bulletin boards so that employees will be aware of the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each question before the board. Trustees shall serve without compensation for their services as trustees, but shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and in performing required duties as trustees. (Ord. No. 58-75-4, § 8, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87) Sec. 2-270. Officers and employed services. The officers and employed services of the retirement system shall be as follows: (1) Chairperson: The board shall annually elect a chairperson and a chairperson pro tem from its members. (2) Secretary: The city manager or his designee shall be the secretary of the board and the administrative officer of the retirement system. (3) Treasurer: The director of finance shall be treasurer of the retirement system. The treasurer shall be custodian of the assets of the retirement system except as to the assets as the board may from time to time place in the custody of a nationally chartered bank or approved financial manager. (4) Legal advisor: The board is empowered to employ independent legal council but is authorized to utilize the services of the city attorney. Supp. No. 6 176 ADMINISTRATION § 2-271 (5) Actuary: The board shall appoint an actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall perform such services as are required in connection therewith. The term actuary as used in this division shall mean a member of the American Academy of Actuaries, or a person who has demonstrated an educational background necessary for the practice of actuarial science, and has at least five (5) years of relevant actuarial experience. A partnership or corporation may be appointed actuary if the duties of actuary are performed by or under the direct supervision of a person who meets the preceding qualifications. (6) Medical director: The board may appoint as medical director a physician who is not a member, retirant or beneficiary. The medical director shall arrange for and pass upon all medical examiners required in the administration of the retirement system, and shall investigate all statements and certificates of a medical nature which are presented in connection with the operation of the retirement system. The medical director shall report his conclusions and recommendations in writing. (7) Services: The board is authorized and empowered to employ such professional, tech- nical or other advisors as are required for the proper administration of the retirement system. The services, other than actuarial and medical, shall be obtained and the compensation for the services shall be fixed in accordance with city operating procedures. (Ord. No. 58-75-4, § 9, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87) Sec. 2-271. Membership. (a) All persons who are city employees, and all persons who become city employees, shall be members of the retirement system, except as provided in subsection (b) of this section. Elected officials of the City of Atlantic Beach may elect to become members of the city retirement system as provided herein or, at their option, may participate in a program of deferred compensation as authorized by the city commission. (b) The membership of the retirement system shall not include: (1) Any city employee who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum (this does not include elected officials who, by their application, have become members of the system); (2) Any city employee who is compensated on a fee basis; (3) Any person participating in another program of deferred compensation as approved by the city commission. (c) Any member who ceases to be a city employee shall thereupon cease to be a member, except as provided in section 2-278. (d) The board of trustees shall decide all questions concerning the membership status of any person. (Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. No. 58-85-6, 1-13-86) Supp. No. 6 177 § 2-272 ATLANTIC BEACH CODE Sec. 2-272. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe. In no case shall more than one (1) year of credited service be credited on account of all service rendered by a member in any one period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one-tweIfth of a year. The board of trustees may credit a member with a full year of credited service if the member has rendered at least ten -twelfths of a year of service during any period of twelve (12) consecutive calendar months. (Ord. No. 58-75-4, § 12, 12-22-75) Sec. 2-273. Loss of credited service. A retirement system member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than five (5) years of credited service. (Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2.274. Reinstatement of credited service. A member's last forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture. (Ord. No. 58-75-4, § 14, 12-22-75) Sec. 2-275. " itary service credit. la) A member of the retirement system who leaves or left city employment to enter any armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commission shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city within one (1) year from and after the date of termination of such active duty; (2) In no case shall more than six (6) years of service be credited on acolunt .)F all military service. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section. (Ord. No. 58-75-4, § 15, 12-22-75) Supp. No. 6 178 ADMINISTRATION § 2-277 Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-281. (b) The age and service requirements for voluntary retirement are as follows: (1) Benefit group fire. The member has attained age fifty-five (55) years or older and has twenty (20) or more years of credited service in force; or, the member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force; (2) Benefit group police. The member has attained age fifty-five (55) years or older and has twenty (20) or more years of credited service in force; or, the member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force; (3) Benefit group general. The -member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force. (Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-277. Compulsory separation from employment; extensions; retirement. (a) A member of the retirement system, except an elected official of the city, shall be separated from city employment the first day of the calendar month next following attain- ment of the applicable age specified in subsection (b), unless an extension in employment is granted pursuant to subsection (c). (b) The age attainment for compulsory separation from city employment is as follows: (1) Benefit group fire: Age sixty-five (65) years; (2) Benefit group police: Age sixty-five (65) years; (3) Benefit group general: Age sixty-five (65) years. (c) A member may be continued in city employment beyond attainment of the applicable age specified in subsection (b), but not beyond seventy (70) years, subject to the following conditions: (1) The member makes written request to the board of trustees for a specified period of continued employment; (2) The request is approved by the city manager, except if the member's position is one obtained by city commission appointment; in this case, approval of the city commis- sion is required; (3) The request is approved by the board of trustees. (d) A member who has five (5) or more years of credited service in force shall be retired and paid a pension computed according to the applicable subsections of section 2-281 upon separation from city employment as provided in this section. (Ord. No. 58-75-4, § 17, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Supp. No. 6 179 § 2-278 ATLANTIC BEACH CODE Sec. 2-278. Deferred retirement upon separation from employment (vesting). (a) A member of the retirement system who terminates city employment for a reason other than retirement or death, and who has and maintains in force the applicable period of credited service specified in subsection (b) shall remain a member for the sole and exclusive purpose of being entitled to retire upon attaining age sixty (60) years. Upon retirement, the member shall be paid a pension computed according to the applicable subsections of section 2-282 as the subsections were in force at the time the member left city employment. (b) The credited service requirement for separation from city employment with entitle- ment to deferred retirement is: (1) Benefit group fire: Five (5) years; (2) Benefit group police: Five (5) years; (3) Benefit group general: Five (5) years. (Ord. No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-279. Disability retirement—General conditions for eligibility. (a) Upon the application of a member of the retirement system or the member's depart- ment head, a member in the employ of the city who becomes totally and permanently incapacitated for employment by the city by reason of a personal injury or disease and who has in force the applicable period of credited service specified in subsection (b) may be retired by the board subject to the following conditions: (1) The member is medically examined by or under the direction of the medical director; (2) The medical director certifies to the board of trustees that the member is mentally or. physically totally incapacitated for continued employment by the city, that the inca- pacity will probably be permanent, and the member should be retired; (3) The board of trustees concurs with the certification of the medical director. (b) The credited service requirement for disability retirement is as follows: (1) Benefit group fire: Five (5) years; (2) Benefit group police: Five (5) years; (3) Benefit group general: Five (5) years. (c) Upon disability retirement a member shall be paid a pension computed according to the applicable subsections of section 2-281. Payment of the pension shall commence six (6) months following termination of city employment. The disability retirement shall be subject to section 2-280. (Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-280. Same—Continuation subject to re-examination; return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical examination by or under the direction of the medical director if the disability retirant has not attained the following applicable age: Supp. No. 6 180 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 firs, 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 four -tenths (2.4) 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. 6 181 § 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,. Utidei Opi,ion 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 member for at least fifty (50) percent of his/her support due to lack of financial meansA member may revoke the nomination of beneficiary at any time and again nominate a benefi- ciary whom the board of directors finds to be dependent upon the member for at least fifty (50) percent of his/her support due to lack of financial means. The nomination of beneficiary shall be in writing and filed with the board of trustees. The nomination of beneficiary shall be null and void upon the member's retirement or prior termination of city employment. Upon the death of a member who has a valid nomination of beneficiary in force, the beneficiary, if living, shall be paid a level straight life pension computed according to section 2-281 in the same manner in all respects as if the member had elected Option A provided in section 2-282 and retired the day preceding his/her death, notwithstanding that the member may not have satisfied the conditions for retirement. (Ord. No. 58-75-4, § 23, 12-22-75; 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. 6 182 ADMINISTRATION § 2-286 (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. 2-285. Maximum amount of pension. In no case shall the annualized amount of a pension paid a member of the retirement system or the annualized amount of all pensions paid on account of the death of a member exceed the difference between: (1) Eighty (80) percent of the member's final average compensation; and (2) The member's initial annualized primary insurance amount under the federal old age, survivors, disability and health insurance program, or in the event of the death of the member, the annualized periodic benefit paid by the federal old age, survivors, disability and health insurance program; and, any workers' compensation benefits. (Ord. No. 58-75-4, § 25, 12-22-75) State law reference—Limitation of benefits, F.S. § 112.65. Sec. 2-286. Subrogation rights. If a member of the retirement system, retirant or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the city shall Supp. No. 6 183 § 2-286 ATLANTIC BEACH CODE 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 benefit payments to the reserve for employee contributions and the reserve for em- ployer contributions in the proportion transfers were made from the accounts at the time of retirement. (Ord. No. 58-75-4, § 27, 12-22-75) Sec. 2-288. Reserve for employer contributions; city contribution. (a) The reserve for employer contributions shall be the account to which shall be credited contributions made by the city and the state to the retirement system, and from which shall be made transfers as provided in this section. (b) Each year following receipt of the report of the annual actuarial valuation, the excess, if any, of the reported value of pensions being paid and likely to be paid retirants and beneficiaries over the balance in the reserve for retired benefit payments shall be transferred 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 he raid on aoco„nt members during the year; and (2) Finance unfunded costs of benefits likely to be paid on account of service rendered by members prior to the current year over a period of not more than forty (40) years. Such contributions shall be computed as level percents of member payroll in accordance with generally accepted actuarial principles on the basis of such rates of interest and tables of experience as the board of trustees shall from time to time adopt. The city shall also contrib- ute the anticipated cost of any insurance coverage provided retirants and beneficiaries, to the extent such cost cannot be covered by the unencumbered balance in the reserve for undistrib- uted investment income. The board shall annually certify to the city commission the contribu- tions determined according to this section, and the commission shall appropriate and pay to the retirement system, during the next fiscal year, the contributions so certified. (Ord. No. 58-75-4, ,§ 28, 12-22-75) Sec. 2-289. Reserve for undistributed investment income. The reserve for undistributed investment income shall be the account to which shall be credited all interest, dividends and other income from the investment of retirement system assets, all gifts and bequests received by the retirement system, all unclaimed accumulated Supp. No. 6 184 ADMINISTRATION § 2-310 and shall be unassignable except as is specifically provided in this division. If a member is covered under a group insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of trustees to deduct required payments to continue coverage under the group insurance or prepayment plan. The city shall have the right of setoff for any claim arising from embezzlement by or fraud of a member, retirant or beneficiary. (Ord. No. 58-75-4, § 35, 12-22-75) Sec. 2-296. Errors. Should any change in the records result in any member, retirant or beneficiary being paid from the retirement system more or less than would have been paid had the records been correct, the board of trustees shall correct the error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid. (Ord. No. 58-75-4, § 36, 12-22-75) Sec. 2-297. Protection against fraud. Whoever with intent to deceive shall make any statements and/or reports required under this division which are untrue, or shall falsify or permit to be falsified any_record or records of the retirement system, or who shall otherwise violate, with intent to deceive, any of the terms or provisions of this division, shall be guilty of a city offense. (Ord. No. 58-75-4, § 37, 12-22-75) Sec. 2-298. Member contributions. (a) Member contributions by benefit group fire and benefit group police shall be no less than one (1) percent of salary which shall be deducted from the member's pay and paid over into the retirement system at the same time as city contributions are made. (b) Member contributions for benefit group general shall be no less than one (1) percent of salary after same shall have been approved by a majority vote of all members constituting benefit group general and said contribution shall be deducted from the member's pay and paid over into the retirement system at the same time as the city contribution is made to the retirement system. (Ord. No. 58-87-8, § 2, 10-26-87) Secs. 2-299-2-310. Reserved. Supp. No. 6 186.1 ADMINISTRATION § 2-367 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. The City of Atlantic Beach hereby authorizes the establishment of service charges and user fees for services provided by the city not otherwise paid far• by advalorem taxes and as set and approved from time to time by the city commission. (Ord. No. 5-85-15, § 1, 1-13-86) Supp. No. 6 195 § 2-368 ATLANTIC BEACH CODE 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 Water late charge (after 30 days) 5.00 Water delinquent charge (cut-on/cut-off) 15.00 Application for rezoning 100.00 On approval of zoning change, an additional 154.00 Application for exception 75.00 Application for variance 50.00 City clerk lien letter 3.00 Copy machine (per copy) .10 Backhoe (including travel time), minimum two hours portal to portal, per hour . 35.00 Labor, actual cost plus 30 percent for fringes Mud hog, per hour 15.00 Trucks, each (including travel time), per hour 10.00 Tractor (including travel time), per hour 25.00 Bush hog, per hour 15.00 Materials cost plus 10 pprrpnt for handling (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) Supp. No. 6 196 [The next page is 245] Chapter 4 ANIMALS* Art. I. In General, §§ 4-1-4-20 Art. II. Dogs and Cats, §§ 4-21-4-30 ARTICLE I. IN GENERAL Sec. 4-1. Appointment of animal control officer. The city manager may appoint and employ a suitable person as the official animal control officer for the city, and shall cooperate with the Jacksonville Animal Control, county health officer and the city or county rabies control program. (Code 1970, § 4-6(a)) Sec. 4-2. Interfering with officers. No person shall interfere with, hinder or molest any police officer, health officer or impounding officer in the performance of any duty required by the provisions of this chapter. (Code 1970, § 4-6(b)) Sec. 4-3. Animal shelter or impounding vehicles; breaking open fences, etc., of; re- moval of animals. No person shall break open or assist in the breaking open of any of the fences, gates, fastenings or enclosures of the animal shelter or impounding vehicles and no unauthorized person shall remove or let loose any animal from the shelter or impounding vehicles. (Code 1970, § 4-6(c)) Sec. 4-4. City designated bird sanctuary; shooting, molesting, etc., of birds prohibit- ed; exception. (a) The entire area embraced within the city is hereby designated as a bird sanctuary. (b) It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property, in the opinion of the proper health *Cross references—Riding of animals in beach safety zone, § 5-17; occupational license tax on kennels, § 20-59. State law reference—Game and freshwater fish, F.S. Ch. 372. Supp. No. 6 299 § 4-4 ATLANTIC BEACH CODE authorities of the city, then the health authorities shall meet with representatives of the Audubon Society, bird club, garden club or humane society, or as many of the clubs as are found to exist in the city, after having given at least three (3) days' actual notice of the time and place of the meeting to the representatives of the clubs. (c) If as a result of the meeting no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such numbers and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police of the city. (Code 1970, § 4-1) Sec. 4-5. Cruelty to animals. (a) It shall be unlawful for any person to overload, overdrive, torture, torment or deprive of necessary sustenance, food or drink, or unnecessarily or cruelly beat, mutilate or kill any animal or cause or permit either of such offenses to be committed. (b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or injure any animal which is the property of another or willfully and maliciously administer poison to any animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal which is the property of another. (c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon any animal within the limits of the city. (Code 1970, § 4-7(a)) State law reference—Cruelty to animals, F.S. Ch. 828. Sec. 4-6. Nuisance animals. Any animal (including cats, dogs, rabbits, etc.), pet bird, or multiples of same, which persistently makes noises or otherwise conducts itself in a manner which unduly excites and generally annoys citizens of the city is hereby declared to be a nuisance injurious to the public peace, order and welfare, and any person found guilty of keeping, maintaining or aiding and abetting in the keeping or maintaining of any such nuisance within the city, after three (3) days' notice from the city manager, animal control officer, or any police officer of the city to abate same, shall be punished as provided in this Code. In addition, any pet owner or person keeping, maintaining, aiding or abetting in the keeping of any animal which allows animal feces to collect in said person's yard to the extent that same causes odor or a nuisance to the neighbors in the area, shall be found guilty of creating a nuisance and after proper notice from the city manager, animal control officer or any police officer, shall be punished as provided in this Code. (Ord. No. 1970, § 4-7(d); Ord. No. 95-88-33, § 1, 4-25-88) Cross references—Animal or bird noises, § 11-9; nuisances generally, Ch. 12. Sec. 4-7. Maintaining stables; keeping of hogs. (a) No stable or premises may be maintained in the city for the housing and keeping of horses, mules, cows, cattle, hogs, chickens, poultry or goats. Supp. No. 6 300 ANIMALS § 4-22 (b) It shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city. (Code 1970, § 4-7(e), (f); Ord. No. 95-88-33, § 1, 4-25-88) Sec. 4-8. Removal and disposal of dead animals. Whenever any animal shall die within the corporate limits of the city the owner of the animal shall cause the dead body thereof to be removed outside of the city limits and disposed of as directed by the city manager. (Code 1970, § 4-7(h)) Secs. 4-9-4-20. Reserved. ARTICLE II. DOGS AND CATS* Sec. 4-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Cat shall mean all domestic felines. Dog shall mean all members of the canine family including pet foxes, wolves, etc. Owner shall mean any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in care or in custody. Vaccination against rabies shall mean the proper administration of antirabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. (Code 1970, § 4-2) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 4-22. Registration and tagging required. (a) No dogs or cats shall be owned or kept in the city unless properly registered and tagged as provided in this section. (b) No person shall be allowed to keep any dog over four (4) months of age or cat over four (4) months of age in the city unless the person shall first register the animal at City Hall in Atlantic Beach and purchase a permanent nontransferable identification tag for each animal in the following sums: (1) Five dollar ($5.00) fee for cats and dogs which have been spayed or neutered. (2) Fifteen dollar ($15.00) fee for dogs or cats which have not been spayed or neutered (upon proof of spaying and neutering of an animal, the city will rebate $10.00 of the fee). *State law references—Right to be accompanied by dog guides in public accommoda- tions, F.S. § 413.08; damage by dogs, F.S. Ch. 767. Supp. No. 6 301 § 4-22 ATLANTIC BEACH CODE (c) Tags lost or stolen can be re -issued at City Hall for one dollar ($1.00). Registration tags shall be bought at City Hall immediately upon acquisition of an animal. Rabies vaccina- tions shall be updated every twelve (12) months for all animals over four (4) months of age. Both tags shall be on the animal at all times when the animal is off the owner's property. (Code 1970, § 4-3; Ord. No. 95-86-30, § 1, 7-28-86; Ord. No. 95-88-33, § 2, 4-25-88) Sec. 4-23. Impoundment. Any unregistered or registered dog or cat found off owner's property at large, without owner, in the city 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 twenty-four (24) hours nor more than five (5) days, except the animal may be released sooner upon proper identification and compliance with the registration requirements contained herein. (Code 1970, § 4-4(a); Ord. No. 95-86-30, § 2, 7-28-86; Ord. No. 95-88-33, § 3, 4-25-88) Sec. 4-24. Running at large. It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to commit a nuisance or be found running at large on any of the public streets, parks, play- grounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon proper identification and compliance with the registration requirements con- tained herein. (Code 1970, § 4-4(b); Ord. No. 95-86-30, § 2, 7-28-86) No dog muzzled, unmuzzled or inoculated against rabies shall be allowed in public places such as streets, parks, playgrounds, alleys, vacant lots, etc., the beach or upon property other than that of its owner unless the dog shall be fastened to a suitable leash of dependable strength not to exceed twelve (12) feet in length. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immedi- ately put back on the leash before returning to the beach. (Code 1970, § 4-4(c); Ord. No. 95-88-33, § 4, 4-25-88) Sec. 4-26. Damaging property. (a) It shall be unlawful for any person who shall own or be in control of or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another and damage the property. (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. Supp. No. 6 302 ANIMALS § 4-29 (c) If any dog or cat shall defecate on or cause damage to any of the public streets, parks, playgrounds, alleys, or beaches in the city, the owner of said dog or cat shall be subject to the penalties of this article unless such defecation or damage is immediately removed. Dog owners/handlers shall carry some sort of material or utensil in all cases where their animals are being walked on the beach in Atlantic Beach and shall be required to remove from the beach (not bury) any and all defecation taking place. This provision shall also apply to dog owners whose dogs defecate on people's lawns, on the street ends to the beach, in the public parks, and public rights-of-way. (d) Anyone who takes an animal on the beach must have an Atlantic Beach tag. (Code 1970, § 4-4(d); Ord. No. 95-86-30, § 3, 7-28-86; Ord. No. 95-88-33, § 5, 4-25-88) State law reference—Damage by dogs, F.S. Ch. 767. Sec. 427. Disturbing the peace. It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise provided by state law. (Code 1970, § 4-4(e)) Sec. 425. Vicious dogs. It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of the city without being properly muzzled. Any dog known to have bitten any person is hereby defined as a "vicious dog" but the term "vicious dog" shall not be limited toonly those dogs who are known to have bitten any person. (Code 1970, § 4-5(d)) Sec. 429. Rabies suspected. (a) If a dog or cat is suspected of having rabies, or has been bitten by a dog or cat suspected of having rabies, such dog or cat shall be confined by a chain on the owner's premises and the humane society or licensed veterinarian notified at once. The dog or cat shall then be removed to the proper place for observation for a period of two (2) weeks at the expense of the owner. (b) If any person is scratched or bitten by a dog or cat within the corporate limits of the city then it shall become the duty of the person or the owner of the dog or cat with knowledge thereof, to report the incident to the police department within twenty-four (24) hours thereafter. (c) Any animal reported to have bitten a person shall be kept in quarantine for such period of time and place as may be designated by the city manager for the purpose of testing the dog for disease. Any animal suspected of being infected with rabies shall be released by its owner or custodian to the city manager for laboratory analysis by a licensed veterinarian. No liability for compensation to the owner of the animal shall attach to the city by virtue of any Supp. No. 6 303 § 4-29 ATLANTIC BEACH CODE procedure in this article by the city manager. All costs in connection with this section shall be borne by the owner of the animal. (Code 1970, § 4-5) State law reference—Authority of state department of health and rehabilitative ser- vices to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected with rabies, F.S. § 381.031(1Xg)1. 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: Twenty-five dollars ($25.00) for the first offense, forty dollars ($40.00) for the second offense, and seventy-five dollars ($75.00) for the third and subsequent offenses each and every occasion wherein a citation is issued. (Ord. No. 97-86-30, § 4, 7-28-86) Supp. No. 6 304 [The next page is 353] BUILDINGS AND BUILDING REGULATIONS § 6-37 151-200 amp service $35.00 For each additional 50 amp or fractional part thereof 5.00 (3) Multifamily per dwelling unit 25.00 (4) Service change: 0-100 amp service 15.00 101-150 amp service 25.00 151-200 amp service 25.00 For each additional 50 amp or fractional part thereof 10.00 (5) New commercial services: 0-100 amp service 25.00 101-150 amp service 30.00 151-200 amp service 35.00 For each additional 50 amp or fractional part thereof 5.00 (6) Temporary services 10.00 (7) Signs 10.00 (8) Switch and receptacle outlets (except new single-family, multifamily and room additions): Up to 30 amp, each 0.30 31-100 amp, each 1.00 101-200 amp, each 2.00 (9) Lighting outlets, including fixtures, each 0.30 (10) Primary service 25.00 (11) Transformers, per 20 KVA or fractional part thereof 2.00 (12) Heat: 0-10 kw 1.00 10.1-15 kw 2.00 15.1-24 kw 3.00 Over 24 kw 4.00 (13) Air conditioning circuits: 0-60 amp 2.50 61-100 amp 5.00 (14) Motors: 0-5 hp 2.00 Plus $2.00 for each additional 5 hp or fractional part thereof (15) Appliances, fixed or stationary: Up to 30 amp 1.00 31-100 amp 2.00 Over 100 amp 3.00 Supp. No. 6 411 § 6-37 ATLANTIC BEACH CODE (16) Smoke detectors wired into electrical system (except single-family, multi- family and room additions), each $ 1.00 (17) Fire alarm and signaling systems, each 0.00 (18) Minimum fee 10.00 (19) Swimming pools 20.00 (20) Repairs and miscellaneous 10.00 (21) Reinspection 10.00 (Ord. No. 34-82-1, § 1, 7-28-82) Sec. 6-38. Same—Permit prerequisite to inspection. No inspection shall be made by the city electrical inspector until after a permit for electrical construction or alterations has been obtained by the master electrician from the building official of this city. (Code 1970, § 7-10) Sec. 6-39. Same—Right of entry of electrical inspector. The city electrical inspector or his duly authorized assistants shall have the right, during reasonable hours, with the consent of the owner or occupant, to enter any building or premises in the discharge of his official duty or for the purpose of making any inspection or test of the electrical wiring, apparatus or fixtures contained therein. If the owner or occupant shall refuse to give such consent, entry shall be made only pursuant to authority granted by a properly issued search warrant. (Code 1970, § 7-11) Sec. 6-40. Same—Interference with electrical inspector. It shall be unlawful for any person to hinder or interfere with the city electrical inspector or with any assistant city electrical inspector in the discharge of his duties under this article. (Code 1970, § 7-12) Secs. 6-41-6-55. Reserved. ARTICLE IV. PLUMBING CODE* Sec. 6-56. Adoption. There is hereby adopted the Standard Plumbing Code, 1982 edition, with 1983 revisions, as published by the Southern Building Code Congress International, Inc., for the purpose of seq. 469. *Cross references—Waterworks system, § 22-16 et seq.; wastewater system, § 22-56 et State law references—Plumbing control act, F.S. § 553.01 et seq.; plumbers, F.S. Ch. Supp. No. 6 412 Chapter 8 FLOOD HAZARD AREAS* Art. I. In General, §§ 8-1-8-20 Art. II. Administration, §§ 8-21-8-30 Art. III. Flood Hazard Reduction Standards, §§ 8-31-8-35 ARTICLE I. IN GENERAL Sec. 8-1. Statutory authorization. The Legislature of the State of Florida has delegated the responsibility to local govern- mental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Commission of Atlantic Beach, Florida, does ordain as follows in this chapter. (Ord. No. 25-87-20, § 1 (Art. 1, § 8-1.01), 3-23-87) Sec. 8-2. Findings of fact. (a) The flood hazard areas of the City of Atlantic Beach are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in floodplaias causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages. (Ord. No. 25-87-20, § 1 (Art. I, § 8-1.02), 3-23-87) Sec. 8-3. Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provi- sions designed to: *Editor's note—Ord. No. 25-87-20, § 1, adopted March 23, 1987, which enacted a new Ch. 8 has been treated as superseding former Ch. 8, §§ 8-1-8-11. Former Ch. 8, flood hazard districts, derived from the Code of 1970, §§ 9.1-1-9.1-11, and Ord. No. 25-83-16, §§ 1-6, adopted May 9, 1983. Cross references—Buildings and building regulations, Ch. 6; mobile homes, Ch. 10; planning/zoning/appeals, Ch. 14; zoning and subdivision regulations, Ch. 24. State law reference—Water resources, F.S. Ch. 373. Supp. No. 6 521 § 8-3 ATLANTIC BEACH CODE (1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. (Ord. No. 25-87-20, § 1 (Art. I, § 8-1.04), 3-23-87) Sec. 8-4. Objectives. The objectives of this ordinance are to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize flood blight areas; and (7) Ensure that potential home buyers are notified that property is in a flood area. (Ord. No. 25-87-20, § 1 (Art. I, § 8-1.05), 3-23-87) Sec. 8-5. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpre- ted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application: Addition (to an existing building) means any walled and roofed expansion to the perime- ter of a building in which the addition.is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. Appeal means a request for a review of the planning and development director's interpre- tation of any provision of this chapter or a request for a variance. Supp. No. 6 522 FLOOD HAZARD AREAS § 8-5 Area of shallow flooding means a designated AO or VO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Basement means that portion of a building having its floor subgrade (below ground level) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building means any structure built for support, shelter, or enclosure for any occupancy or storage. Coastal high hazard area means the area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zones VI — 30, VE or V. Development means any man-made change to improved or unimproved real estate, includ- ing, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent, storage of materials. Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. Flood or flooding means a general and temporary condition of partial or complete inunda- tion of normally dry land areas from: (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood insurance study is the official report provided by the Federal Emergency Manage- ment Agency. This report contains flood profiles, as well as the flood boundary-floodway map and the water surface elevation of the base flood. Supp. No. 6 523 § 8-5 ATLANTIC BEACH CODE Floodway means the channel of a river or other 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 foot. Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufac- ture, sales, or service facilities. Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: Black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus erecta). Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter the term is synonymous with national geodetic vertical datum (NGVD). Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, a»„ ,---� transportab=estructures placed. an u sits for one 111iU1G1 E;U eLgt Ly (100) GvnSt;UL1V(3 days or longer and intended to be improved property. National geodetic vertical datum (NGVD), as corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain. New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter. Sand dunes means naturally occurring accumulations of sand in ridges or mounds land- ward of the beach. Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Art (P.L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the instal - Supp. No. 6 524 FLOOD HAZARD AREAS § 8-9 lation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Structure means a walled and roofed building that is principally above ground, a manu- factured home, a gas or liquid storage tank, or other man-made facilities or infrastructures. Substantial improvement means any repair, reconstruction, alteration, or improvement to a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure, either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this defini- tion, "substanital improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alter- ation affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. Variance is a grant of relief from the requirements of this chapter which permits con- struction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship. (Ord. No. 25-87-20, § 1 (Art. 2), 3-23-87) Sec. 8-6. Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of Atlantic Beach, Florida. (Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.01), 3-23-87) Sec. 8-7. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study, dated March 15, 1977, with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this chapter. (Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.02), 3-23-87) Sec. 8-8. Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.04), 3-23-87) Sec. 8-9. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and an ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 25-87-20, § 1 (Art. 3 § 8-3.05), 3-23-87) Supp. No. 6 525 § 8-10 ATLANTIC BEACH CODE Sec. 8-10. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Consid- ered 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. 25-87-20, § 1 (Art. 3, § 8-3.06), 3-23-87) Sec. 8-11. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Atlantic Beach or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.07), 3-23-87) Sec. 8-12. Penalties for violation. Violation of the provisions of this chapter or failure to comply with any of its require- ments, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.08), 3-23-87) Secs. 8-13-8-20. Reserved. ARTICLE II. ADMINISTRATION Sec. 8-21. Planning and development director—Designated. The planning and development director is hereby appointed to administer and implement the provisions of this chapter. (Ord. No. 25-87-20, § 1 (Art. 4, § 8-4.01), 3-23-87) Sec. 8-22. Same—Duties and responsibilities. Duties of the planning and development director shall include, but not be limited to: (1) Review all development permits to assure that the permit requirements of this chapter have been satisfied. Supp. No. 6 526 FLOOD HAZARD AREAS § 8-22 (2) Advise permittee that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. (3) Notify adjacent communities and the Florida Department of Community Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished. (5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accord- ance with section 8-24(b). - (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with section 8-24(b). (7) In coastal hazard areas, certification shall be obtained from a registered professional engineer or architect that the structure is designed to be securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. (8) In coastal hazard areas, the planning and development director shall review plans for adequacy of lattice or screening in accordance with section 8-32(e)(8). (9) When floodproofing is utilized for a particular structure, the planning and develop- ment director shall obtain certification from a registered professional engineer or architect, in accordance with section 8-32(b). (10) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the planning and development director shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. (11) When base flood elevation data or floodway data have not been provided in accord- ance with section 8-7, then the planning and development director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of Article III. (12) AU records pertaining to the provisions of this chapter shall be maintained in the office of the planning and development director and shall be open for public inspection. (Ord. No. 25-87-20, § 1 (Art. 4, § 8-4.03), 3-23-87) Supp. No. 6 527 § 8-23 ATLANTIC BEACH CODE Sec. 8-23. Development permit—Established. A development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities. (Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.03), 3-23-87) Sec. 8-24. Same—Application procedure. Application for a development permit shall be made to the planning and development director on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (a) Application stage. (1) Elevation in relation to mean sea level of the proposed lowest floor (including base- ment) of all structures; (2) Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; (3) Certificate from a registered professional engineer or architect that the nonresiden- tial floodproofed structure will meet the floodproofing criteria in section 8-32(b); (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (b) Construction stage. Provide a floor elevation or floodproofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or floodproofing by whatever construc- tion means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the planning and development director a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The planning and development director shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop -work order for the project. (Ord. No. 25-87-20, § 1 (Art. 4, § 8-4.02), 3-23-87) Supp. No. 6 528 FLOOD HAZARD AREAS § 8-25 Sec. 8-25. Variance procedures. (a) The board of adjustment as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter. (b) The board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the planning and development director in the enforcement or administration of this chapter. (c) Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such decision to the Circuit Court of the State of Florida. (d) Variances may be issued for the reconstruction, rehabilitation or restoration of struc- tures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for section 8-25(h)(1) and (4), and provided the proposed reconstruction, rehabilitation, or restora- tion will not result in the structure losing its historical designation. (e) In passing upon such applications, the board of appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain man- agement program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions in- cluding maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (f) Upon consideration of the factors listed above, and the purposes of this chapter, the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Supp. No. 6 529 § 8-25 ATLANTIC BEACH CODE (g) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (h) Conditions for variances: (1) Variances shall only by issued upon a determination that the variance is the mini- mum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (2) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hard- ship; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensu- rate with the increased risk resulting from the reduced lowest floor elevation. (4) The planning and development director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Ord. No. 25-87-20, § 1 (Art. 4, § 8-4.04), 3-23-87) Secs. 8-26-8-30. Reserved. ARTICLE III. FLOOD HAZARD REDUCTION STANDARDS Sec. 8-31. General standards. In all areas of special flood hazard the following provisions are re -required: (a) New construction and substantial improvements shall be anchored to prevent flota- tion, collapse or lateral movement of the structure. (b) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the - top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. (c) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (d) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. Supp. No. 6 530 FLOOD HAZARD AREAS § 8-32 (e) Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (f) New and replacement water supply systems shall be designed to minimize or elimi- nate infiltration of flood waters into the system. (g) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the sys- tems into flood waters. (h) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (i) Any alteration, repair reconstruction or improvements to a structure which is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this chapter. (Ord. No. 25-87-20, § 1 (Art. 5, § 8-5.01), 3-23-87) Sec. 8-32. Specific standards. In all areas of special flood hazard where base flood elevation data have been provided, as set forth in section 8-7 or section 8-23(k) the following provisions are required: (a) Residential construction. New construction or substantial improvement of any resi- dential structure shall have the lowest floor, including basement, elevated no lower than the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of section 8-32(c). (b) Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the lowest floor, including basement, elevated no lower than the level of the base flood elevation. Structures located in all A Zones may be floodproofed in lieu of being elevated provided that all areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in section 8-24(b). (c) Elevated buildings. New construction or substantial improvements of elevated build- ings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (1) Designs for complying with this requirement must either be certified by a profes- sional engineer or architect or meet the following minimum criteria: Supp. No. 6 531 § 8-32 ATLANTIC BEACH CODE (a) Provide a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (b) The bottom of all openings shall be no higher than one foot above grade; and (c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (2) Electrical, plumbing, and other utility connections are prohibited below the base flood elevation. (3) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connec- tion with the premises (standard exterior door) or entry to the living area (stairway or elevator). (4) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (d) Floodways. Located within areas of special flood hazard established in section 8-7 are areas designated as floodways. Since the flooway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a regis- tered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. (2) If section 8-32(d)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article III. (3) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of section 8-31(b), and the elevation standards of section 8-32(a) are met. (e) Coastal high hazard areas (V Zones). Located within the areas of special flood hazard established in section 8-7 are areas designated as coastal high hazard areas. These areas have special flood hazards associated with wave wash, therefore, the following provisions shall apply: (1) All buildings or structures shall be located fifty (50) feet west of the bulkhead. (2) All buildings or structures shall be elevated so that the bottom of the lowest support- ing horizontal member (excluding pilings or columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action in accordance with section 8-32(e)(8). Supp. No. 6 532 FLOOD HAZARD AREAS § 8-32 (3) All buildings or structures shall be securely anchored on pilings or columns. (4) All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. The anchoring and support sys- tem shall be designed with wind and water loading values which equal or exceed the 100 -year mean recurrence interval (one percent annual chance flood). (5) A registered professional engineer or architect shall certify that the design, specifica- tions and plans for construction are in compliance with the provisions contained in section 8-32(e)(2), (3) and (4) of this chapter. (6) There shall be no fill used as structural support. Noncompacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, thereby rendering the building free of obstruc- tion, prior to generating excessive loading forces, ramping effects, or wave deflection. The planning and development director shall approve design plans for landscap- ing/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist, which demonstrates that the following factors have been fully considered: a. Particle composition of fill material does not have a tendency for excessive natural compaction; b. Volume and distribution of fill will not cause wave deflection to adjacent proper- ties; and c. Slope of fill will not cause wave run-up or ramping. (7) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. (8) Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: a. No solid wall shall be allowed; and b. Material shall consist of lattice or mesh screening only. (9) If aesthetic lattice work or screening is utilized, such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. (10) Prior to construction, plans for any structures that will have lattice work or decora- tive screening must be submitted to the planning and development director for approval. Supp. No. 6 533 § 8-32 ATLANTIC BEACH CODE (11) Any alteration, repair, reconstruction or improvement to a structure shall not en- close the space below the lowest floor except with lattice work or decorative screen- ing, as provided for in section 8-32(e)(8) and (9). (12) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of section 8-31(b), and the elevation standards of section 8-32(a) are met. (Ord. No. 25-87-20, § 1 (Art. 5, § 8-5.02), 3-23-87) Sec. 8-33. Standards for streams without established base flood elevations and/or floodways. Located within the areas of special flood hazard established in section 8-7, where small streams exist but where no base flood data have been provided or where no floodways have been provided, the following provisions apply: (a) No encroachments, including fill material or structures shall be located within twenty (20) feet of each side from top of bank unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (b) New construction or substantial improvements of structures shall be elevated or floodproofed to elevations established in accordance with section 8-22(k). (Ord. No. 25-87-20, § 1 (Art. 5, § 8-5.03), 3-23-87) Sec. 8-34. Standards for subdivision proposals. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas electrical and water systems located and constructed to minimize flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (d) Base flood elevation data shall be provided for subdivision proposals and other pro- posed development (including manufactured home parks and subdivisions) which is greater than the lesser of fifty (50) lots or five (5) acres. (Ord. No. 25-87-20, § 1 (Art. 5, § 8-5.04), 3-23-87) Sec. 8-35. Standards for areas of shallow flooding (AO Zones). Located within the areas of special flood hazard established in section 8-7, are areas designated as shallow flooding areas. These areas have special special flood hazards associ- ated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: Supp. No. 6 534 FLOOD HAZARD AREAS § 8-35 (a) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least two (2) feet above the highest adjacent grade. (b) All new construction and substantial improvements of nonresidential structures shall: (1) Have the lowest floor, including basement, elevated to the depth number speci- fied on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least two (2) feet above the highest adjacent grade; or (2) Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural compo- nents having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (Ord. No. 25-87-20, § 1 (Art. 5, § 8-5.05), 3-23-87) Supp. No. 6 535 [The next page is 577] Chapter 22 UTILITIES* Art. I. In General, §§ 22-1-22-15 Art. II. Waterworks System, §§ 22-16-22-55 Art. III. Wastewater System, §§ 22-56-22-195 Div. 1. Generally, §§ 22-56-22-70 Div. 2. Use of Public Sewers Required, §§ 22-71-22-85 Div. 3. Private Wastewater Disposal, §§ 22-86-22-100 Div. 4. Building Sewers and Connections, §§ 22-101-22-125 Div. 5. Use of Public Sewers, §§ 22-126-22-150 Div. 6. Powers and Authority of Inspectors, §§ 22-151-22-165 Div. 7. Sewer Use User Rates and Charges, §§ 22-166-22-190 Div. 8. Sewer System Extensions, §§ 22-191-22-195 ARTICLE I. IN GENERAL Secs. 22-1-22-15. Reserved. ARTICLE II. WATERWORKS SYSTEMt Sec. 22-16. Application for water service. It shall be unlawful for any person to use city water without first making application in writing to the city for service at least forty-eight (48) hours before the service is desired and paying all charges incident to the application. The applications shall be made on forms furnished by the city and shall constitute an agreement by the consumer with the city to abide by the rules of the city in regard to its service of water. Applications for service requested by firms, partnerships, associations and corporations shall be tendered only by their duly author- ized agents, and the official title of the agent shall be shown on the application. (Code 1970, § 27-1) *Cross references—Administration, Ch. 2; buildings and building regulations, Ch. 6; mobile homes and recreational vehicles, Ch. 10; planning/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. State law references—Water and sewer systems, F.S. Ch. 367; supervision and control of systems of water supply, sewerage, refuse and sewage treatment by the department of health and rehabilitative services, F.S. § 381.261. tCross reference—Plumbing code, § 6-56 et seq. Supp. No. 6 1277 § 22-17 ATLANTIC BEACH CODE Sec. 22-17. Tapping of mains, etc., restricted to city employees. No person shall tap the city water mains or make any other connection to pipes on the supply side of any meter except those persons duly employed by the city for such purposes. (Code 1970, § 27-2) Sec. 22-18. Connection charges; initial payment of minimum water rental. (a) Upon the application of the owner or consumer for water service, the connection charge shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor. Connection charges will be established by the city commission from time to time. (b) The minimum water rental for the period from the date of installation to the following minimum water billing date shall be collected at the time payment is made for the connection charge. (c) For the purposes of this subsection and subsection (d) of this section, fixture units are established as the measurement of water demand for each water fixture installed and con- nected to the city water system. Fixture units are assigned by the city plumbing code. The water supply charge is hereby fixed at twenty dollars ($20.00) per fixture unit connected to the city water system after enactment of this subsection and subsection (d) of this section. (d) The director of finance is directed to receive the connection charge and cause same to be invested in interest-bearing securities that are most advantageous to the city's interest. The securities shall be entitled "City of Atlantic Beach, Water Fund." The water fund shall be used solely for capital improvements to the water plant and supply system. (Code 1970, § 27-3; Ord. No. 80-88-39, § 1, 3-14-88) Sec. 22-19. Temporary service. Temporary service, such as service for circuses, fairs, carnivals, construction work and the like, shall be provided upon written application accompanied by a deposit sufficient to cover the city's estimate of the proper charge for water to be consumed, materials, labor and other expense incurred by the city in providing the service. Upon termination of this service, any balance of the deposit shall be refunded to the consumer. (Code 1970, § 27-4) Sec. 22-20. Granting necessary easements by consumer. The consumer shall grant or cause to be granted to the city, without cost, all rights, easements, permits and privileges which are necessary for providing service. (Code 1970, § 27-5) Sec. 22-21. Right of access by city employees. Duly authorized employees of the city shall have access at all reasonable hours to the premises of the consumer for the purpose of reading meters, installing or removing any of its property, examining pipes or fixtures or for any purpose incidental to providing service. (Code 1970, § 27-5) Supp. No. 6 1278 UTILITIES § 22-166 testing pertinent to discharge to the community system in accordance with the provisions of this article. The city shall have the right to suspend service if permission is denied. (Ord. No. 80-83-23, § I(Art. VII, § 1), 6-27-83) Sec. 22-152. Information concerning industrial processes. The city manager or other duly authorized employees are authorized to obtain informa- tion concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry must establish that the revela- tion to the public of the information in question might result in an advantage to its competitors. (Ord. No. 80-83-23, § I(Art. VII, § 2), 6-27-83) Sec. 22-153. Observing safety rules; indemnification and liability. While performing the necessary work on private properties referred to in section 22-151, the manager or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 22-134. (Ord. No. 80-83-23, § I(Art. VII, § 3), 6-27-83) Sec. 22-154. Easements. The city manager and other duly authorized employees of the city bearing proper creden- tials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewa- ter facilities lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. No. 80-83-23, § I(Art. VII, § 4), 6-27-83) Secs. 22-155-22-165. Reserved. DIVISION 7. SEWER USER RATES AND CHARGES Sec. 22-166. Establishment of a quarterly base charge. User charges will be levied quarterly as follows: (a) Quarterly base charge. A quarterly base charge of thirty seven dollars and sixty cents ($37.60) per equivalent residential unit will be levied upon each connection in ac- cordance with the following: Supp. No. 6 1294.1 § 22-166 ATLANTIC BEACH CODE 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 equivalently, as one five-eighths (5) inch by three- fourths (3/4) inch water meter. The quarterly base charge is levied as follows: Single-family residential $37.60 per account Multifamily residential 0.75 x $37.60 per unit Mobile home 0.75 x $37.60 per unit Travel trailers 0.60 x $37.60 per site Hotel/motel 0.50 x $37.60 per unit with kitchen 0.60 x $37.60 per unit Master -metered commercial $37.60 per unit Restaurants, laundries, and car wash connections .... $37.60 x ERC factor per ERC All other commercial customers $37.60 x ERC factor per ERC where the ERC factor for the commercial classification is based upon meter size as follows: Meter Size ERC Factor (in inches) Inside Outside % x 3/4 $ 1.00 $ 1.50 1 1.28 1.92 11/2 2.08 3.12 2 2.88 4.32 3 5.60 8.40 4 10.00 15.00 6 20.00 30.00 Where the inside factors are multiplied by 1.50 to yield the outside factors because of a fifty (50) percent outside surcharge. (b) Quarterly base surcharge for revenue generation system required by the Federal Environmental Protection Agency and the State Department of Environmental Regulation. A surcharge of five dollars and fifty cents ($5.50) per equivalent residential unit shall be levied upon each connection except in the Buccaneer Water and Sewer District in accordance with the following: Usage Classification ERC Factor Single-family residential $1.00 per account Multifamily residential 0.75 per unit Mobile home 0.75 per unit Travel trailer site 0.60 per site Hotel/motel 0.50 per unit with kitchen 0.60 per unit. Supp. No. 6 1294.2 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. (a) There is hereby established a uniform volume charge per one thousand (1,000) gallons of water as follows: (1) Single-family residential $0.39 per 1,000 gallons of actual water con- sumption up to a maximum of 50,000 gal- lons per quarter (2) Restaurants, laundries and car wash $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 in (a) (1) and (2) 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) 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. 6 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), 6-2'7-83) 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 male in full; the lien shall be release of rosea?. (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. Bilis for sewer charges Supp. No. 6 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 propertybeing 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. 6 1297 ZONING AND SUBDIVISION REGULATIONS § 24-17 lot line, or any map or plan legally recorded prior to the adoption of any regulations control- ling the subdivision. Right-of-way shall mean the area of a highway, road, street, way, parkway or other such strip of land reserved for public use, whether established by prescription, easement, dedica- tion, gift, purchase, eminent domain or any other legal means. Rowhouse. See Townhouse. Screening shall mean either: (1) A strip of at least ten (10) feet wide, densely planted, or having equivalent natural growth, with shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year-round dense screen at least six (6) feet high; or (2) An opaque wall or barrier or uniformly painted fence at least six (6) feet high. Either (1) or (2) shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except the following: for each en- trance, one (1) directional arrow with the name of the establishment with "For patrons only" or like limitation, not to exceed over two (2) square feet in area, which shall be nonilluminated. Where required in the district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining nearby properties. Seat shall mean for purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews or space for loose chairs. Secondary dwellings shall mean a subordinate building the use of which is restricted to lots which extend from street to street having a width of fifty (50) feet or more, and which is to be erected in the rear of a principal dwelling. Service station, automotive shall mean any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed general automotive servicing, as distinguished from automotive repairs. Setback shall mean the distance between the lot line and the building setback line. Setback line. See Building setback. Shopping center shall mean a group of retail stores or service establishments, planned, developed, owned and managed as an integral unit, with off-street parking provided on the property, and related in location, size and type of shops to the trade area which the unit serves. SIC (Standard Industrial Classification) shall mean a system developed by the U. S. Office of Management and Budget for classifying business establishments by type of activity in which they are engaged. The classification system is reported in the "Standard Industrial Classification Manual 1972" by the executive office of the president, office of management and budget. Supp. No. 6 1417 § 24-17 ATLANTIC BEACH CODE Sight triangle shall mean the area within the limits described by the two (2) intersecting center lines of a street or road and a line drawn between them from points on each center line that are a prescribed number of feet from the intersection of the center lines. Sign. See Chapter 17, "Signs and Advertising Structures." Story shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and ceiling next above it. Street shall mean a public or private thoroughfare which affords the principal means of access to abutting property. This includes lane, place, way or other means of ingress or egress, regardless of the term used to describe it. (1) Public shall mean legally dedicated to public use and officially accepted by the city. (2) Private shall mean privately owned and maintained on a recorded easement or approved by the appropriate city agency. Street right-of-way line shall mean the dividing line between a lot, tract or parcel of land and the contiguous tract. The right-of-way line shall be considered a property line, and all front setback requirements provided in these regulations shall be measured from said right-of- way line; except corner lots, which shall be controlled by the right-of-way of the side street. Structural alteration shall mean any change, except for repair or replacement, in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structure shall mean anything constructed, erected or placed, the use of which requires more or less permanent location on the ground, or anything attached to something having a permanent location on the ground, and shall include tents, lunch wagons, dining cars or other ui, t.i oiler upput , and used or intended ior business or living quarters, excluding fences not over six (6) feet above the natural grade. Subdivision shall mean the division of a parcel of land, whether improved or unimproved, into two (2) or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of the subdivision, for the purpose, whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of the parcel. However, the division of land into parcels of more than five (5) acres, not involving any change in street lines or public easements of whatsoever kind, is not to be deemed a subdivision within the meaning of this chapter. The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided. Substandard lot of record shall mean that the owner of such nonconforming lot of record is permitted to build on such lot, provided said lot has a lot width of not less than fifty (50) feet and a depth of not less than one hundred (100) feet, with a total lot area of not less than five thousand (5,000) square feet. Nonconforming lots of record which do not meet all the above, area requirements shall not be built on unless relief is obtained through action of the community development board. Supp. No, 6 1418 ZONING AND SUBDIVISION REGULATIONS § 24-101 (4) No additional structure not conforming to the requirements of this article shall be erected in connection with the nonconforming use of land. (b) Reversion. A nonconforming use which is changed to a conforming use shall not be permitted to revert to any nonconforming use. (c) Nonconformance not grounds for variance. The presence of a nonconforming use or structure in a zoning district shall not in and of itself be allowable as legal grounds for granting of variances for other surrounding properties. (Ord. No. 90-82-74, § 2(III, E, 5), 7-26-82) Sec. 24-86. Secondary dwellings. (a) In any zoning district, when a lot has a width of fifty (50) feet or more and extends from street to street, a secondary single dwelling which may be combined with a private garage may be erected in the rear of a principal dwelling; provided that the secondary dwelling shall not be more than twenty-five (25) feet high, that there shall not be less than twenty (20) feet between the principal and secondary dwelling, the side yard regulations which apply to the principal dwelling shall also apply to sides of the secondary dwelling, and no part of a secondary dwelling shall be nearer than five (5) feet to the rear lot line of any lot. (b) Any existing secondary dwelling or accessory building that is encroaching on the street right-of-way shall not be rebuilt, enlarged, remodeled or structurally altered unless such encroachment is removed from the street rights-of-way. (Ord. No. 90-86-102, § 2, 7-14-86; Ord. No. 90-88-128, § 1, 1-25-88) Secs. 24-87-24-100. Reserved. DIVISION 5. ESTABLISHMENT OF DISTRICTS Sec. 24-101. Introduction and purpose. The city is hereby divided into zoning districts, as listed and described below, with such requirements as set forth for the purpose of implementing the goals and objectives of the comprehensive plan. The following is established in this division: (1) The intent of each district; (2) General requirements for each district: a. Permitted uses; b. Uses by exception; c. Minimum lot or site requirements; d. Minimum yard requirements; e. Building restrictions. (Ord. No. 90-82-74, § 2(III, F, 1), 7-26-82) Supp. No. 6 1433 § 24-102 ATLANTIC BEACH CODE Sec. 24-102. Established. The corporate area of the city is divided into districts as follows: District Description OR Open rural RS -1 Residential single-family RS -2 Residential single-family RG -1 Residential general—two-family RG -1A Residential general—two-family RG -2 Residential general—multiple-family RG -3 Residential general—multiple-family RMH Residential mobile home CPO Commercial professional and offices CL Commercial limited CG Commercial general ILW Industrial light and warehousing (Ord. No. 90-82-74, § 2(I1I, F, 2), 7-26-82) Sec. 24-103. OR open rural districts. (a) Intent. The OR districts are composed of large, open land areas, public and private. It is intended that these districts retain insofar as desirable and practical the open character of the land; to that end permitted uses are basically limited to conservation, recreation, forestry, and with certain limitations of the uses not contrary to the character of these districts, it is anticipated that controlled growth in the community will be considered through the planned unit development process. (b) Permitted uses. Uses permitted in these districts are as follows: (1) Agriculture, horticulture and forestry, excluding the keeping and raising of farm animals and poultry; (2) Game preserves, wildlife management, water sheds, water reservoirs; (3) Golf courses, parks, campgrounds, recreation areas, playgrounds; (4) Government buildings and facilities. (c) Uses by exception. In these districts, the uses by exception are as follows: (1) Churches and cemeteries; (2) Radio or television transmitters, antennae, etc.; (3) Airports, airparks, airstrips, and airfields; (4) Rifle, shotgun, or pistol shooting ranges, field archery ranges, golf driving ranges. (d) Minimum lot or site requirements. The minimum lot or site requirements for these districts are as follows: (1) Lot or site area: Not applicable; Supp. No. 6 1434 ZONING AND SUBDIVISION REGULATIONS § 24-106 (2) Maximum building height: 35 feet. (Ord. No. 90-82-74, § 2(I11, F, 2), 7-26-82; Ord. No. 90-87-113, § 1, 1-12-87) Sec. 24-106. RG -1 and RG -1A residential general—Two-family districts. (a) Intent- The RG -1 and RG -1A districts are intended for development of medium density two-family residential areas. (b) Permitted uses. The uses permitted in these districts are as follows: (1) Single-family dwellings; (2) Two-family dwellings; (3) Accessory uses; (4) Planned unit developments; (5) Townhouses and rowhouses; requires filing a plat when sold; (6) Government buildings and facilities. (c) Uses by exception. In these districts, the uses by exception are as follows: (1) Child care centers; (2) Churches; (3) Public and private recreational facilities; (4) Schools; (5) Home occupations; (6) Family care homes; (7) Foster care homes. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: (1) Lot or site area: a. .RG -1 districts: 1. 5,000 square feet, one -family; 2. 5,000 square feet, two-family. b. RG -1A districts: 1. 5,000 square feet, one -family; 2. 7,500 square feet, two-family. (2) Lot width: a. RG -1 districts: 1. 50 feet, one -family; 2. 50 feet, two-family. Supp. No. 6 1437 § 24-106 ATLANTIC BEACH CODE b. RG -1A districts: 1. 50 feet, one -family; 2. 75 feet, two-family. (3) Lot depth: 100 feet. (e) Minimum yard requirements. The minimum requirements for yards in these districts are: (1) Front yard: 20 feet; (2) Rear yard: 20 feet; (3) Side yard; 15 feet total; 5 feet minimum. (0 Building restrictions. The building restrictions for these districts are as follows: (1) Maximum lot coverage: none; (2) Maximum building height: 35 feet. (Ord. No. 90-82-74, § 2(II1, F, 2), 7-26-82; Ord. No. 90-86-113, § 1, 1-12-87) Sec. 24-107. RG -2 and RG -3 residential general—multiple-family. (a) Intent. The RG -2 and RG -3 districts are intended for development of medium to high density multiple -family residential area. (b) Permitted uses. The uses permitted in these districts are as follows: (1) Single-family dwellings; (2) Two-family dwellings; (3) iviuiipie-fainiiy dweiings; (4) Accessory uses; (5) Planned unit developments; (6) Townhouses and rowhouses, requires filing plat when sold; (7) Government buildings and facilities. (c) Uses by exception. In these districts, the uses by exception are as follows: (1) Child care centers; (2) Churches; (3) Public and private recreation facilities; (4) Schools; (5) Home occupations; Supp. No. 6 1438 ZONING AND SUBDIVISION REGULATIONS § 24-107 (6) Group care homes; (7) Foster care homes. (d) Minimum lot or site requirements. The minimum lot and site requirements for these districts are as follows: Supp. No. 6 1438.1 ZONING AND SUBDIVISION REGULATIONS § 24-109 Sec. 24-108. RMH residential mobile home districts. (a) Intent. The RMH districts are intended for development of lots for mobile homes locai.ed 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. 6 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: (l) 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. (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; (2) Maximum building height: 35 feet. (Ord. No. 90-85-96, § 1, 10-14-85; Ord. No. 90-86-113, § 2, 1-12-87) 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. Supp. No. 6 1442 ZONING AND SUBDIVISION REGULATIONS § 24-161 (7) Hospitals, sanitariums and convalescent homes. One and one-half (11/2) spaces for each hospital bed; (8) Hotels and motels. One (1) space for each sleeping unit plus spaces required for accessory uses such as restaurants, lounges, etc.; (9) Libraries and museums. One (1) space for each five hundred (500) square feet of gross floor area; (10) Manufacturing, warehousing and industrial uses. One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each company vehicle operating from the premises; (11) Medical or dental clinic. One (1) space for each two hundred (200) square feet of gross floor area; (12) Mortuaries. One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees; (13) Marinas. One (1) space for each boat berth plus one (1) space for each two (2) employees; (14) Office and professional buildings. One (1) space for each four hundred (400) square feet of gross floor area; (15) Restaurants, cocktail lounges and/or other eating places. One (1) space for each two (2) seats; (16) Rooming and boardinghouses. One (1) space for each guest bedroom; (17) Schools and educational uses: a. Elementary and junior high schools. Two (2) spaces for each classroom, office and kitchen; b. S.nior high schools. Six (6) spaces for each classroom plus one (1) space for each staff member. (18) Vocational, trade and business schools. One (1) space for each three hundred (300) square feet of gross floor area; (19) Day care centers. One and one-half (11/2) spaces for each employee; (20) Shopping centers. Four (4) spaces for each one thousand (1,000) square feet of gross leasable area. (h) Off-street loading spaces. Off-street loading spaces shall be provided and maintained for hospital, institutions, single occupancy commercial or industrial building, or similar use requiring the receipt or distribution by vehicles of materials and merchandise as follows: One (1) space for the first ten thousand (10,000) square feet of gross floor area and one (1) Supp. No. 6 1459 § 24-161 ATLANTIC BEACH CODE additional space for each twenty thousand (20,000) square feet of gross floor area, or fraction thereof, over and above the first ten thousand (10,000) square feet. (i) Method of requesting deviations from the requirements of this section. (1) Deviations from the requirements of this section shall be accomplished by filing with the appropriate administrative official an application for an exception which said application shall follow the procedures set forth in section 24-63 herein. (Ord. No. 90-82-74, § 2(I11, H, 9), 7-26-82; Ord. No. 90-85-92, § 1, 7-8-85; Ord. No. 90-87-119, § 1, 4-27-87) Cross reference—Stopping, standing and parking generally, § 21-16 et seq. Sec. 24462. Parking lots. Off-street parking lots shall be a permissible use by exception in all districts where such lots are within four hundred (400) feet of a premises requiring off-street parking, provided such lots in residential districts shall also conform to the following: (1) Such parking lots may be permitted only between the principal use and the nearest street in the residential district. (2) An approved wall, fencing, shrubbery or as otherwise required by the planning agency and the city commission shall be erected along edges of portions of such lots as adjoin land in the residential district unless releases are secured from all adjoining property owners. Height limitations as required in other sections of this article shall not apply. (3) No source of illumination for the lots shall be directly visible from any window in any q residence in the residential district. (4) TIhAr' rhnll hp nn atglcAQ nr carNrine at:tieri¢ar of n vagi !Ina .r,.., -1.y =,, akin; 1st ..-.1...,,, �. a ,sv,..w -y ...- �s_y ....b,�-� sa> ....�„�.p p.>ws >�aaaf� 1st s.acrua.aru dA permit is applied for and is granted by the administrative official. (Ord. No. 90-82-74, § 2(III, H, 10), 7-26-82) Cross reference—Stopping, standing and parking generally, § 21-16 et seq. Sec. 24-163. Storage and parking of vehicles and equipment in residential districts. (a) Commercial vehicles of less than eighteen thousand five hundred (18,500) gross vehi- cle weight, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district, except in accordance with the following requirements: (1) No more than one (1) commercial vehicle per dwelling shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted; (2) Travel trailers, motor homes, hauling trailers or boat trailers shall be permitted if parked or stored behind the front yard building line; (3) A travel trailer or motor home shall not be occupied, either temporarily or perma- nently, while it is parked or stored in any area except in a trailer park authorized under this article; Supp. No. 6 1460 ZONING AND SUBDIVISION REGULATIONS § 24-165 (4) A junked vehicle, or one that is inoperable, shall not be permitted to be located on or near lots with dwelling units. These junked vehicles shall be confined to junkyards; (5) No materials, supplies, appliances or equipment used or designed for use in commer- cial or industrial operations shall be stored in residential districts, nor shall any home appliances be stored outdoors in a residential district. (b) The provisions of this section shall not apply to storage, on a temporary basis, of materials, equipment or appliances to be used for or in construction of a building on the premises in conformity with the terms of this article. (Ord. No. 90-82-74, § 2(III, 11, 11), 7-26-82) Cross reference—Stopping, standing and parking generally, § 21-16 et seq. Sec. 24-164. Swimming pools. No swimming pool or family pool shall be so located, designed, operated, or maintained as to interfere with the rights of the adjoining properties. (1) Lights: Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect light away from adjoining premises. (2) Setbacks: The following setbacks shall be maintained: a. Minimum front setback, shall be the same as requirements for a residence located on the parcel where the pool is to be constructed, provided, that in no case is the pool to be located closer to a front line than the main or principal building is located; except that a pool may be located in either yard on a double frontage lot along the Atlantic Ocean, but must remain landward of the coastal construc- tion line. b. One foot of setback shall be maintained for each one foot of depth of the swimming pool. (3) Fences: All swimming pools shall be enclosed by a fence wall or equivalent barrier at least four (4) feet high. (Ord. No. 90-82-74, § 2(III, H, 12), 7-26-82; Ord. No. 90-86-100, § 2, 2-24-86; Ord. No. 90-87-124, § 1, 10-12-87) Cross reference—Swimming pool code, § 6-91 et seq. Sec. 24-165. Service stations. The following regulations shall apply to the location, design, construction, operation and maintenance of service stations: (1) Lot dimensions. A service station lot shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than two (2) street frontages of at least one hundred fifty (150) feet each and an area of at least twenty- two thousand five hundred (22,500) square feet, and an interior lot shall have a street Supp. No. 6 1461 § 24-165 ATLANTIC BEACH CODE frontage of at least one hundred (100) feet and a minimum area of fifteen thousand (15,000) square feet. (2) Access to site. Vehicular entrances or exits at an automobile service station shall: a. Not be provided with more than two (2) curb cuts for the first one hundred (100) feet of street frontage or fraction thereof; b. Contain an access width along the curbline of the street of not more than forty (40) feet as measured parallel to the street at its narrowest point, and not be located closer than one hundred (100) feet from a street intersection along any arterial or collector street and/or closer than fifty (50) feet from a street intersec- tion on a local street or closer than ten (10) feet from adjoining property; c. Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at both the right of -way line and the curb or edge of the pavement along a single street. (3) Location of pumps and structures. No main or accessory building, no sign of any type, and no gasoline pump shall be located within fifteen (15) feet of the lot line of any property that is residentially zoned. No gasoline pump shall be located within twenty (20) feet of any street right-of-way line; where a greater street setback line has been established, no gasoline pump shall be located within twenty (20) feet of such setback line. (4) Lighting. All lights and lighting on a service station shall be so designed and arranged so that no source of light shall be directly visible from any residential district; this provision shall not be construed to prohibit interior lighted signs. (Ord. No. 90-82-74, § 2(III, H, 13), 7-26-82) Sec. 24-166. Signs. Signs shall be governed by chapter 17, Signs and Advertising Structures. (Ord. No. 90-82-74, § 2(III, H, 14), 7-26-82) Sec. 24-167. Site plan review. (a) Purpose. The purpose of this section is to establish procedures and standards for the preparation, review and approval of plans to construct, reconstruct or alter structures that do not fall under the regulatory purview of Article IV, Subdivision Regulations. (b) Procedures. The plans prepared according to the requirements presented in this section shall be submitted to the administrative official for his review and approval. Plans may be disapproved if they do not meet the intent or the requirements of this section and of this chapter. (c) Site plan. A site plan will be submitted to the administrative official covering the entire tract proposed for ultimate development at a scale of one (1) inch equals one hundred Supp. No. 6 1482 ZONING AND SUBDIVISION REGULATIONS § 24-167 (100) feet, indicating existing conditions and development for an additional area, including at least three hundred (300) feet from the boundaries of the tract, or such greater distance as may be indicated by the circumstances of the case. Existing natural features shall be indi- cated on the plan, as well as existing streets, easements, utility installations, lot lines and structures, with indications as to use. The plan will show, with dimensions, a properly organized and conveniently related arrangement of buildings; off-street parking and loading facilities; internal automotive and pedestrian circulation; entrances and exits to public streets and pedestrian ways; service areas and facilities; drainage; utility connections; landscaping; fences, hedges and walls; exterior lighting on the premises; size, location and orientation of Supp. No. 6 1462.1 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. 6 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 parcels 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. (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) Sec. 24-189. Vacation of plats. ' An applicant may apply for the vacation of any plat or any part of any plat at any time before the sale of any lot therein, by a written instrument, to which a copy of the plat shall be attached, requesting the same to be vacated. (Ord. No. 90-82-74; § 2(TV, A. 31; 7-26-82; Ord No 90-83-32 § 1, 12-12-831 Secs. 24-190-24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. It shall be unlawful for any person to submit a plat for the subdivision of land to the clerk of the circuit court of the county or his representative for the purpose of recording the plat in the office of the clerk until the plat has been approved by the city commission under the provisions of this article and signed by the mayor. If an unapproved plat is recorded, it shall be stricken from the public records upon the adoption of an appropriate resolution by the city commission. No changes, erasures, modifications or revisions shall be made in any plat, approval by the city commission without the consent of the city commission. (Ord. No. 90-82-74, § 2(IV, B, 1), 7-26-82) Supp. No. 6 1466 ZONING AND SUBDIVISION REGULATIONS § 24-202 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. 6 1466.1 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 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(eXl) 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(bX3) 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(cX4), 24-111 Supp. No. 6 1993 Ordinance Number 90-86-102 90-86-105 ATLANTIC BEACH CODE Date 7-14-86 7-14-86 95-86-30 7-28-86 90-86-108 5-86-17 90-86-103 80-86-33 25-86-19 95-86-31 5-86-18 45-86- 7 58-86- 7 90-86-113 47-86- 3 90-87-117 25-87-20 Supp. No. 6 9- 8-86 10-27-86 11-10-86 11-24-86 12- 8-86 12- 8-86 1-12-87 1-12-87 1-12-87 1-12-87 1-26-87 3- 9-87 3-23-87 1994 Section 1 2 1 2 3 1 2 3 4 1 1 1 1 1 1 1 1 1 1 2 1 Rpld 2 Added 1(Art. 1, §§ 8-1.01, 8-1.02) 1(Art. 1, §§ 8-1.04, 8-1.05) 1(Art. 2) 1(Art. 3, §§ 8-3.01, 8-3.02) 1(Art. 3, § 8-3.03) 1(Art. 3, §§ 8-3.04-8-3.08) 1(Art. 4, § 8-4.01) 1(Art. 4, § 8-4.02) 1(Art. 4, § 8-4.03) 1(Art. 4, § 8-4.04) 1(Art. 5, §§ 8-5.01-8-5.05) Section this Code 24-17 24-84, 24-86 24-17 24-84 24-157 4-22 4-23, 4-24 4-26 4-30 24-111(cX10) 2-226 24-113 22-23 6-20(bX4), 6-21 14-17 2-368 20-59 2-266-2-270 24-104- 24-108 24-109, 24-110 14-1, 14-16- 14-22 14-1, 14-16- 14-28 24-17, 24-47(6), (10), 24-48, 24-49 8-1, 8-2 8-3, 8-4 8-5 8-6, 8-7 8-23 8-8-8-12 8-21 8-24 8-22 8-25 8-31-8-35 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(2Xa) 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 Supp. No. 6 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) 22-57 705.16 Ch. 2, Art. II(note) Ch. 823 Ch. 12(note) Ch. 760 Ch. 9(note) Ch. 828 4-5 760.20 Ch. 9, Art. II(note) 876.05 Char., § 168 760.22 9-16 893.03 13-4 760.23 9-17 13-5 760.24 9-18 893.147 13-5 760.25 9-22 932.701 Ch. 15, Art. II 760.29 9-23 (note) 760.37 9-24 943.25(8Xa) 15-1 Supp. No. 6 2055 [The next page is 2081] CHARTER INDEX A ABANDONED PROPERTY Section Power of city to dispose of 4(26) ABSENTEE VOTING Election provisions generally. See: ELECTIONS Provisions re 85 ACCOUNTANTS Independent annual audit 24 ACT Effective date of Act 182 Charter. See also that subject ACTIONS OR PROCEEDINGS (Civil or criminal) Pending actions and proceedings 177 ADMINISTRATIVE DEPARTMENTS Provisions re 28 et seq. See: CITY MANAGER ADVERTISING Advertising interest of municipality, etc. Powers of city 4(23) ADVISORY BOARDS, GROUPS Investigations by advisory boards 164 Powers of city commission Appointing advisory boards 9(15) Appointing members of official boards of advisory groups 9(4) AGENCIES OF CITY. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY AIRPORTS Power of city commission to lease airports 9(11) Power of city commission to sell airports 9(12) Power of city to own, establish and operate 4(13) ALLEYS Power of city to construct, operate and maintain 4(14) Power of city to regulate encroachments in, upon, over and under 4(15) ANIMALS AND FOWL Powers of city Regulating the keeping of domestic and other animals 4(12) ANNEXATIONS Atlantic Beach annexations 2 APPOINTMENTS. See: OFFICERS AND EMPLOYEES Supp. No. 6 2081 ATLANTIC BEACH CODE ASSESSOR Section City tax assessor 9(14) et seq. See: TAXATION ATLANTIC BEACH. See: CITY OF ATLANTIC BEACH ATTORNEY. See: CITY ATTORNEY AUDITS City commission Duties re independent annual audit 24 Power of commission to provide for independent audit 9(8) B BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOND ISSUES Power of city commission to authorize issuance of bonds, etc. 9(3) Powers of city 4(6) Provisions generally re issuance of bonds Art. XVI BONDS (Generally) City attorney preparing 158 Official bonds 167 BORROWING MONEY Powers of city 4(6), (24) BOUNDARIES Annexations 2 BRIDGES Failure of city to keep bridges in proper condition Suits against the city for damages 160 BUDGET Adopting budget Powers of city commission 9(2) City manager's powers and duties re 26(2) Finance provisions. See: FINANCES Provisions generally Art. VI BUILDINGS Powers of city 4(20) Regulating building and density of population 4(20) Powers of city commission 9(6) Zoning regulations City regulating buildings, etc 127 BURIAL GROUNDS. See: CEMETERIES, CREMATORIES CANDIDATES FOR OFFICE. See: ELECTIONS Supp. No. 6 2082 CODE INDEX FIRE HYDRANTS—Cont'd. Section Water shortages Permitting water to be used from fire hydrants 22-39(eX4) FIRE PREVENTION AND PROTECTION Arsonists Reward for information leading to conviction of 7-1 • Code. See herein: Fire Prevention Code Fire prevention code Adoption 7-16 Appeals from actions of chief of fire department 7-19 Enforcement 7-17 Modifications 7-18 Violations Penalty; separate offenses; removal of prohibited conditions 7-20 Reward for information leading to conviction of arsonists 7-1 Water service charges Private fire protection service 22-30 Zoning regulations Planned unit development (PUD) Access for fire -fighting equipment 24-136(c) FIREARMS AND WEAPONS Discharging firearms, air guns, etc. 13-3 Hunting, shooting, etc., birds or wild fowl 4-4 FIRES Community development board Duties re board for redevelopment, reconstruction, etc., of areas damaged by fires, floods, etc 14-20(12) Nuisances Permitting buildings to become unsafe, dangerous, etc., be- cause of fire 12-1(bX8) Abatement of nuisances, etc. See: NUISANCES Signs and advertising structures Signs creating fire hazards 17-4 Water service, provisions re meters destroyed by fire Basis for billing if meter fails to register 22-25 FIRMS Definition of "person" to include firms 1-2 FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 FLOOD HAZARD AREAS Abrogation and greater restrictions 8-9 Areas of special flood hazard, basis for establishing 8-7 Community development board 14-16 et seq. See: PLANNING Compliance 8-8 Definitions 8-5 Supp. No. 6 2121 ATLANTIC BEACH CODE FLOOD HAZARD AREAS—Cont'd. Section Development permit Application procedures 8-24 Established 8-23 Findings of fact 8-2 Flood hazard reduction standards Areas of shallow flooding (AO Zones) 8-35 Generally 8-31 Specifically 8-32 Streams without established base flood elevations and/or floodways 8-33 Subdivision proposals 8-34 Interpretation 8-10 Lands to which this chapter applies 8-6 Objectives 8-4 Planning and development director Designated 8-21 Duties and responsibilities 8-22 Purpose 8-3 Statutory authorization 8-1 Subdivisions Design and construction standards Soil and flood hazards 24-251(3) Variance procedures 8-25 Violations and penalties 8-12 Warning and disclaimer of liability 8-11 FLOODLIGHTS Signs and advertising structures Use of spotlights and floodlights 17-10 teLUUIS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by flood 14-20(12) FOOD AND FOOD ESTABLISHMENTS Alcoholic beverage sales in restaurants, etc 3-2 et seq. Loitering in restaurants, luncheonettes, etc. 13-2 Uniform travel policy and procedure for city employees Schedule for meal allowance 2-360 Subsistence 2-361 FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances saved from repeal 1-5 FRAUD City employees retirement system Protection against fraud 2-297 Uniform travel policy and procedure Fraudulent claims 2-366 Supp. No. 6 2122 CODE INDEX G GARAGES Removal of spent oils or greases accumulated at 16-9 Zoning regulations Accessory uses and structures GARBAGE AND REFUSE Beaches, littering 5-4 Burial of garbage 16-4 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Collection Fees for collection 16-7 Garbage cans and trash containers for collection 16-2 Section 24-151(bX1) Supp. No. 6 2122.1 CODE INDEX L LAKES. See: WATERCOURSES, WATERWAYS Section LANDSCAPING Zoning regulations Planned unit development (PUD) 24-135(f) LAWNS Waterworks system Water shortages; irrigation of lawns 22-39 LEASHING DOGS Provisions re 4-25 LEAVES AND GRASS CLIPPINGS Garbage and refuse collection and disposal 16-3 LICENSES AND PERMITS Alcoholic beverages Persons not holding licenses to sell 3-3 Building sewers and connections, permits 22-102, 22-103 Coastal construction 6-20 Development permit 8-23 et seq. See: FLOOD HAZARD AREAS Digging up streets Permit required of public utilities 19-2 Electrical permits 6-35 et seq. See: ELECTRICAL CODE Garbage and trash collection, removal, etc. Permit for 16-6 Licensed master electricians 6-33 et seq. Loudspeakers equipment, permit for operation of 11-8 Mechanical permits 6-77 Occupational license tax 20-51 et seq. See: TAXATION Parades and processions, permits for 21-2 Plumbing permit 6-58 et seq. See: PLUMBING CODE Private wastewater disposal, permits 22-88 Public address or loudspeaker equipment, permit for operation of 11-8 Sign permits 17-31 et seq. See: SIGNS AND ADVERTISING STRUCTURES Solicitor permits 18-16 et seq. See: SOLICITORS, PEDDLERS, ETC. Subdivisions Construction permits 24-206 Trees Building official Authority regarding supervision of work, under permits 23-17 Permits for removal of trees 23-18 Zoning Building permits 24-47(7), 24-65 Supp. No. 6 2127 ATLANTIC BEACH CODE LICENSES AND PERMITS—Cont'd. Section Implementation of planned unit development Permits required 24-134(d) Permits for temporary construction trailers or structures 24-66 LIENS Code enforcement board, provisions re liens 2-149, 2-150 Weeds, cost for removal Special assessment liens 23-40 LIFE GUARD DIVISION Division of fire department 2-63 LIFEGUARDS Beaches. See also that subject Parking of sailboats not to obstruct lifeguard activities 5-6 LIGHTS, LIGHTING Alcoholic beverage establishments Lighting requirements on premises 3-9 Mobile home parks and recreation vehicle parks Illuminating at night 10-2(2) Signs and advertising structures Flashing, revolving or blinker -type outdoor lights 17-10 Zoning regulations Service stations 24-165(4) Swimming pools, lighting 24-164(1) LITTERING Beaches 5-4 L[VE ENTERTAINMENT 94 15 LOCAL LAND DEVELOPMENT REGULATION COMMISSION Community development board designated as 14-22 See: PLANNING LOCAL PLANNING AGENCY Community development board designated as 14-22 See also: PLANNING LOITERING Provisions re 13-2 LOST PROPERTY Disposition of by police 15-16 See: POLICE DEPARTMENT LOTS Depositing garbage, trash, etc., on vacant lots 16-5 Garbage and trash collection and removal Removal of lot clearing and cleaning debris from lots 16-9 Subdivisions Design and construction standards 24-255 Supp. No. 6 2128 CODE INDEX LOTS—Cont'd. Section Vacant lots Dogs and cats running at large 4-24 Zoning regulations 24-82(c) et seq. See: ZONING Supp. No. 6 2128.1 CODE INDEX OBSTRUCTIONS—Cont'd. Section Obstructing free passage over streets, sidewalks or other pub- lic ways 19-1 Ocean beach, safety zone Maintaining suitable obstructions or barricades 5-18 Public sewers, use of Discharges causing obstructions to flow in sewers 22-129(4) Signs and advertising structures Obstructing doors, windows and fire escapes 17-6 Obstructing vision or view 17-5 Signs interfering with use of streets and sidewalks 17-4 Stopping, standing or parking vehicles alongside or opposite any street excavation or obstruction 21-17(7) Zoning regulations Obstructions in yards 24-84 OCEAN BEACH Safety zone of Ocean Beach 5 -16 -et seq. See: BEACHES OCCUPATIONAL LICENSE TAX Provisions re 20-51 et seq. See: TAXATION ODORS Garden trash giving off offensive odors 16-5 Nuisances. See also that subject Keeping of animals, chickens, etc., creating noxious odors 12-1(bX5) Public sewers, use of Limitations on discharge concentrations or quantities Waters or wastes containing odor -producing substances 22-130(6) OFFENSES Miscellaneous offenses and regulations 13-1 et seq. Specific penalties, remedies, etc. See specific offenses as in- dexed alphabetically according to subject OFFICERS AND EMPLOYEES Animal control officer 4-1 Benefits of employees 2-241 et seq. See also herein specific subjects Birthday, employees 2-226 Board of trustees of city employee's retirement system. See herein: Retirement System Building official 6-108 et seq. See: BUILDINGS AND BUILDING REGULATIONS Chief of fire department 7-17 et seq. See: FIRE DEPARTMENT Chief of police 2-51 et seq. See: POLICE DEPARTMENT Compensation, salaries, etc. Certain ordinances saved from repeal 1-5 Supp. No. 6 2133 ATLANTIC BEACH CODE OFFICERS AND EMPLOYEES—Cont'd. Section Deaths Retirement system. See herein that subject Defense of civil actions against; payment of judgments or settlements 2-1 Definition 1-2 Director of finance 2-71 et seq. See: FINANCES Director of public safety 2-41 Disability retirement Retirement system. See herein that subject Electrical inspector 6-36 et seq. See: ELECTRICAL CODE Holiday schedule 2-226 Insurance Old -age and survivors insurance. See herein that subject Joint authority Defined 1-2 Life guard captain 2-63 Old -age and survivors insurance Appropriations and payment of contributions by city 2-244 Custodian of funds and withholding and reporting agent Designation of 2-248 Exclusions 2-246 Executive of agreements by mayor -commissioner 2-442 Records and reports 2-245 Social Security Act, acceptance of 2-247 Statement of policy 2-241 Withholdings from wages 2-243 para.➢ ions Old -age and survivors insurance. See herein that subject Retirement system. See herein that subject Planning and development director Designated to implement flood hazard area provisions 8-21 et seq. See: FLOOD HAZARD AREAS Retirement system Assignments prohibited - 2-295 Benefit groups 2-263 Board of trustees Actuarial data; report to city commission 2-265 Compensation 2-269 Composition 2-266 Meetings, quorum, voting 2-269 Responsibilities and duties generally 2-264 Term of office; oath of office 2-267 Vacancy, filling 2-68 Voting 2-269 Chairperson, secretary, treasurer, etc. 2-270 Compulsory separation from employment; extensions; retirement 2-277 Created, purpose 2-261 Supp. No. 6 2134 CODE INDEX OFFICERS AND EMPLOYEES—Cont'd. Credited service Loss of credited service Military service credit Reinstatement of credited service Death while in city employment Automatic pension to spouse and/or children Elective survivor pension Deferred retirement upon separation from employment (vesting) Definitions Disability retirement Continuation subject to re-examination; return to employment General conditions for eligibility Divisions Errors Expenses of administering system Fraud, protection against Insurance coverage for retirants and beneficiaries Investment of retirement system assets Level straight life pension, amount of Member contributions Membership generally Method of making payments Military service credit Officers and employed services Optional forms of pension payment Reserve for employer contributions; city contribution Reserve for retired benefit payments Reserve for undistributed investment income Subrogation rights Undistributed investment income, reserve for Voluntary retirement conditions Social security Old -age and survivors insurance. See herein that subject Travel expenses Uniform travel policy and procedure See: TRAVEL Waterworks system Right of access by city employees Tapping of mains, etc., restricted to city employees OFFICIAL MAP. See: MAPS Section 2-272 2-273 2-275 2-274 2-283, 2-284 2-284 2-283 2-278 2-262 2-280 2-279 2-291 2-296 2-292 2-297 2-293 2-290 2-281 2-298 2-271 2-294 2-275 2-270 2-282 2-288 2-287 2-289 2-286 2-289 2-276 2-356 et seq. 22-21 22-17 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. 6 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 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. 6 2136 CODE INDEX PEDESTRIANS Section Obstruction of passage of pedestrians 13-2 PENSIONS Retirement system for city employees 2-281 et seq. See: OFFICERS AND EMPLOYEES PERMITS. See: LICENSES AND PERMITS PERSON Defined PICNICS Beaches, picnicking on PICTURES Obscenematters prohibited PILE DRIVERS, STEAM SHOVELS, ETC. Noise provisions Building operations at night 11-6 PLANNED UNIT DEVELOPMENTS (PUD) Subdivisions, required improvements 24-222 Zoning regulations 24-126 et seq. See: ZONING 1-2 5-3 13-6 PLANNING Community development board Appeals Certification of board actions to the city manager Composition Cost Created Duties Enforcement; penalties Legal proceedings Local planning agency Officers Petition of illegality Powers Planned unit development (PUD) Action by community development board Proceedings of the board Qualifications of members Removal of members Terms of office of members Vacancies, filling Zoning. See also that subject Community development board to serve as planning agency Comprehensive plan Planning and development director Designated to implement flood hazard area provisions See: FLOOD HAZARD AREAS Supp. No. 6 2137 14-24 14-21 14-17 14-26 14-16 14-20 14-27 14-28 14-22 14-17 14-25 14-20 24-132(b) 14-23 14-17 14-19 14-18 14-18 24-48, 24-49 14-1 8-21 et seq. ATLANTIC BEACH CODE PLANNING—Cont'd. Section Zoning regulations 24-31 et seq. See: ZONING PLATS, PLATTING Code enforcement board's power to subpoena surveys, plats, etc. 2-148 Subdivision regulations 24-186 et seq. See: SUBDIVISIONS PLUMBING CODE Adoption 6-56 Building sewers and connections Conformance with plumbing code 22-106 Certificates of competency 6-57 Code enforcement board's jurisdiction rc 2 146 See: CODE ENFORCEMENT BOARD Mobile home parks and recreational vehicle parks Plumbing to comply with plumbing code 10-2(5) Permits Determination of ownership of secondhand fixtures prior to issuance 6-58 Fee 6-59 To whom issued 6-60 Waterworks system Approval of plumbing prior to connection with water system 22-35 PNEUMATIC HAMMERS Noise provisions Building operations at night 11-6 Tsisci'TOUS SOLIDS, LIQUIDS CTCASES Public sewers, use of Prohibited discharges 22-129 POLE SIGNS Permitted signs 17-2(bX5) Additional provisions re signs. See: SIGNS AND ADVER- TISING STRUCTURES POLES AND WIRES Signs and advertising structures Signs, posters, etc., prohibited on utility poles, telephone poles, etc. 17-8 Trees Damaging by permitting wires, chains, etc., to be installed around tree 23-19 Zoning regulations Height limitations for flagpoles, etc 24-156(b) POLICE DEPARTMENT Additional court costs assessed for police training 15-1 Animal and fowl provisions Interfering with police officer 4-2 Supp. No. 6 2138 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 Supp. No. 6 2138.1 CODE INDEX SOLICITORS, PEDDLERS, ETC. Section Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Playing of musical instruments for purpose of soliciting money, etc. 11-5 Definition of "solicitor" 18-1 Entering upon residential premises under false pretenses 18-2 "No soliciting" or "no peddlers" signs on premises Entering premises where signs are displayed 18-2(3) Noise. See also that subject Crying or calling out by hawkers, taxicab drivers soliciting passengers, etc. 11-2 Noise in public places generally 11-2 Permits Exceptions 18-21 Fees 18-18 Issuance 18-19 Registration and fingerprinting required 18-17 Required 18-16 Revocation 18-20 Prohibited acts 18-2 Remaining on premises after occupant has requested such per- son to leave 18-2(2) SPOTLIGHTS Signs and advertising structures Use of spotlights, floodlights 17-10 STABLES Maintaining 4-7 STAGNANT WATER Nuisances. See also that subject Allowing or permitting stagnant water to accumulate 12-1(bX4) STATE HIGHWAY RIGHTS-OF-WAY Maintenance of signs on 17-35 STATE MISDEMEANORS Committing 13-1 STATE OF FLORIDA Definition 1-2 STATE TRAFFIC LAW Adoption of Florida Uniform Traffic Control Law 21-1 STATIC ELECTRICITY Signs and advertising structures, provisions re static electricity 17-14 STEAM SHOVELS Noise provisions Building operations at night 11-6 STOPPING OF VEHICLES Regulated 21-16 et seq. See: TRAFFIC Supp. No. 6 2145 ATLANTIC BEACH CODE STORAGE Section Abandoned, wrecked, junked, inoperative, etc., vehicles Parking, storing or leaving longer than seventy-two hours Declared unlawful; exception; nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Garbage and refuse 16-2(b) Zoning regulations Accessory uses and structures Storage/tool sheds 24-151(bXl) Storage and parking of vehicles and equipment in residen- tial districts 24-163 STORM DRAINAGE. See: DRAINAGE STORM WATER Discharging into sanitary sewers 22-127 Discharging into storm sewers or natural outlets 22-128 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Zoning regulations Planned unit development (PUD) Design and construction of storm sewer facilities 24-136(d) STREAMS. See: WATERCOURSES, WATERWAYS STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks 21-25 Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Building sewers and connections Barricading, restoring excavations in streets, sidewalks, etc. 22-111 Commercial and recreational vehicles Stopping, standing or parking upon any street 21-22 Community development board 14-16 et seq. See: PLANNING Definitions 1-2 Digging up streets. See herein: Excavations Dogs on streets to be leashed, muzzled, etc 4-25 Dogs or cats running at large on public streets 4-24 Excavations Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excavations . 21-25(aX2) Digging up streets prohibited; exception as to public utili- ties; etc: 19-2 Stopping, standing or parking vehicles alongside or opposite any street excavation 21-17(7) Garbage, trash, etc. Depositing on streets, etc 16-5 Loitering, obstructions, etc., in public places 13-2 Supp. No. 6 2146 CODE INDEX STREETS, SIDEWALKS AND OTHER PUBLIC PLACES—Cont'd. Section Mobile home parks and recreational vehicle parks Requirement for streets 10-2 Naming, renaming Certain ordinances saved from repeal 1-5 Noises. See also that subject Creating excessive noise on streets adjacent to schools, churches, etc. 11-10 Loudspeakers, use of in public places 11-8 Noises in public places generally 11-2 Playing a musical instrument in public places 11-5 Use of noise -producing instruments outdoors on own premises Facing upon public or private streets 11-3 Nuisances. See also that subject Acts, occurrences and conditions constituting nuisances and public places 12-1 Discharging water from water -source heat pumps onto pub- lic streets 12-1(b) Storing, depositing, etc., garbage, sewage, etc., in streets 12-1(bX2) Numbering of buildings. See also: BUILDINGS AND BUILD- ING REGULATIONS Assigning street numbers 6-110 Street numbering districts designated 6-109 Obstructing passage upon public streets, etc 13-2 Obstructions to streets Stopping, standing or parking vehicles alongside or opposite street excavation or obstruction 21-17(7) Opening, accepting, etc. Certain ordinances saved from repeal 1-5 Public place defined 1-2 Signs and advertising structures Interference with use of streets and sidewalks 17-4 Maximum height above sidewalks 17-9 Obstructing vision or view at street intersection 17-5 Signs, posters, etc., prohibited on streets and sidewalks 17-8 Stopping, standing or parking vehicle alongside or opposite street excavation 21-17(6) Stopping, standing or parking vehicle on sidewalks 21-17(1) Subdivisions Design and construction standards 24-252 Vacating Certain ordinances saved from repeal 1-5 Waterworks system Extensions of water mains in existing streets 22-38 Zoning regulations Planned unit development (PUD) Street design 24-136(e) SUBDIVISIONS Adoption; authority 24-1 Amendments 24-4 Supp. No. 6 2147 ATLANTIC BEACH CODE SUBDIVISIONS—Cont'd. Section Application procedure Completion of improvements prior to recording of plat 24-232 Concept plan; submittals and review process Fees 24-203(c) Required submittals 24-203(a) Review process 24-203(b) Time limit 24-203(d) Construction plans, specifications and permits Certification of permanent reference marker location 24-206(e) City commission action 24-206(d) Intent 24-206(a) Issuance of construction permit 24-206(0 Required submittals 24-206(b) Sewer and water commitment 24-206(c) Term of construction permit and revocation 24-206(g) Unlawful to construct without construction permit 24-206(h) Final plat; submittals and review process Fees 24-205(c) Required submittals 24-205(a) Review process 24-205(b) Flood hazard reduction standards 8-34 General requirements 24-201 Permits. See within this subheading: Construction Plans, Specifications and Permits Plat review procedure 24-202 Preliminary plat; submittals and review process Construction plan and specification review 24-204(e) Fees 24-204(c) Required submittals 24-204(a) Review process 24-204(b) Time limit 24-204(d) Vacation of plats 24-189 Blocks Design and construction standards 24-254 Building setback lines Design and construction standards, lots 24-255(0 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board, duties re subdividing land . . 14-20 Construction Commencement of construction 24-231 Design and construction standards. See herein that subject Final plat Construction plans and specifications 24-205(aX1) Preliminary plat Construction plan 24-204(e) Construction plans Application procedure. See herein that subject Definitions 24-17 Supp. No. 6 2148 CODE INDEX SUBDIVISIONS—Cont'd. Section Design and construction standards Blocks 24-254 Conformity to city policies 24-251(1) Construction plans and specifications, general 24-251(5) Easements Drainage, watercourses 24-253(b) Other drainage easements 24-253(c) No city expense 24-253(e) Pedestrian and service easements 24-253(d) Utilities 24-253(a) General construction methods 24-251(4) General requirements 24-251 Supp. No. 6 2148.1 CODE INDEX WASTEWATER SYSTEM—Cont'd. Section Extensions Sewer system extensions. See herein that subject Fees Sewer user classification rates and charges. See herein that subject Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Inspectors, powers and authority of Easements 22-154 Information concerning industrial processes 22-152 Observing safety rules; indemnification and liability 22-153 Rights of entry of authorized employees 22-151 Maliciously damaging, etc., facilities 22-57 Private wastewater disposal Compliance regarding type, capacities, location and layout 22-89 Connection to public sewers; cleaning and filling 22-90 Construction of division 22-86 Maintenance 22-91 Permits 22-88 Where required 22-87 Public sewers Depositing, discharging, etc., garbage into public sewers 22-71 Rates Sewer user classification rates and charges. See herein that subject Sewer system extensions Construction of extension projects 22-192 Construction standards 22-195 Design standards 22-194 Purpose 22-191 Sewer service without water service 22-193 Sewer use user rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Establishment of a quarterly base charge 22-166 Impact fees 22-170 Disposition of 22-172 Payment of 22-171 , Payment of connection fees and impact fees 22-171 Revenue generation system Capital improvement account Accrued funds, use of 22-178 Annual deposit 22-180 Disposition of revenues for 22-177 Certification 22-179 Established 22-176 Supp. No. 6 2159 ATLANTIC BEACH CODE WASTEWATER SYSTEM—Cont'd. Section Review and changes of rates 11-168 Schedule of wastewater volume charges 22-167 Sewer charges applicable if sewer available 22-175 Subdivisions Design and construction standards Required improvements, sewer and water 24-258 Use of public sewers generally Construction of provisions 22-126 Discharging storm water, etc., into storm sewers or natural outlets 22-128 Discharging unpolluted waters into sanitary sewer; exception 22-127 Grease, oil and sand interceptors 22-132 Information for determination of compliance 22-135 Limitations on discharge concentrations or quantities 22-130 Options of city manager regarding wastes 22-131 Measurements, tests and analyses determinations 22-136 Observation, sampling and measurement Structures for 22-134 Pretreatment or flow -equalizing facilities 22-133 Prohibited discharges 22-129 Use. of public sewers required Constructing privies, septic tanks, cesspools 22-73 Depositing human or animal excrement 22-71 Discharging untreated wastewater or polluted waters into natural outlets, etc. 22-72 Installation of Toilet facilities required; connection of facili- ties to public sewer 22-74 Utility provisions generally. See: UTILITIES WATERCOURSES, WATERWAYS Cainaiw, lakes, ei,G.) Definition of "public place" to include any lake or stream 1-2 Discharging untreated wastewater or polluted waters into natu- ral outlets 22-72 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Garden trash deposited in canals, waterways, lakes, etc 16-5 Public sewers, use of Discharging storm water, etc., into natural outlets 22-128 Subdivisions Design and construction standards Easements; drainage, watercourses 24-253 WATER -SOURCE HEAT PUMPS Discharging water from, nuisance provisions 12-1(b) Abatement of nuisances, etc. See: NUISANCES WATERWORKS SYSTEM Access to consumer's premises Right of access by city employees 22-21 Application for water service 22-16 New subdivisions 22-37 Supp. No. 6 2160 CODE INDEX WATERWORKS SYSTEM—Cont'd. Section Approval of plumbing prior to connection with water system ... 22-35 Bilis. See herein: Charges, Fees, Bills Supp. No. 6 2160.1 CODE INDEX Z ZONING Access Planned unit development (PUD) Community facilities Service stations, access to site Accessory buildings or vehicles Temporary residence Accessory uses and structures Administration See also herein specific subjects Administrative official Adoption; authority Alcoholic beverage sales Conditions of existing establishments Compliance with zoning code Locations where on -premises sales prohibited, provisions re CG zone Amendments Appeals Administrative official's powers and responsibilities Community development board power and duties Application procedures Amendment, repeal Building permits Changing zoning classification Administrative official's powers andresponsibilities Construction within the districts Use by exception Variances Areas of shallow flooding (AO Zones) Flood hazard reduction standards Basements Temporary residence Boundaries Rules for determining Building permits Administrative official's powers and responsibilities Buildings, structures, etc. Accessory uses and structures Building restrictions CG commercial general districts CL commercial limited district CPO commercial professional offices districts ILW industrial light and warehousing districts OR open rural districts RG -1 and RG -1A residential general—Two-family districts RG -2 and RG -3 residential general—Multiple-family districts RMH residential mobile home districts Supp. No. 6 2163 Section 24-135(e) 24-136(c) 24-165(2) 24-82(h) 24-151 24-46 et seq. 24-47 24-1 3-8 3-5 24-4, 24-61 24-49 24-49 24-61 24-65 24-62 2447(3) 24-66 24-63 24-64 8-35 24-82(h) 24-81 24-65 24-47(7) 24-151 24-111(0 24-110(f) 24-109(0 24-112(0 24-103(0 24-106(0 24-107(0 24-108(f) ATLANTIC BEACH CODE ZONING—Cont'd. Section RS -1 residential single-family districts 24-104(0 RS -2 residential single-family districts 24-105(0 Construction within the districts All structures 24-66(b) Temporary construction trailers or structures 24-66(a) Duplicates or externally similar dwellings 24-82(g) General restrictions upon land, buildings and structures 24-82 Height limits, restrictions. See herein that subject Nonconforming uses or buildings 24-85 Temporary construction offices 24-168 Temporary residences 24-82(h) Buses Temporary residence 24-82(h) Campers Temporary residence 24-82(h) CG commercial general districts Building restrictions 24-111(0 Intent 24-111(a) Minimum lot or site requirements 24-111(d) Minimum yard requirements 24-111(e) Permitted uses 24-111(b) Uses by exception 24-111(c) Changing zoning classification 24-62 Child care centers 24-152 Churches 24-153 City commission 24-46 CL commercial limited district Building restrictions 24-110(0 Intent 24-110(a) vinimum lot or site requirements 24-110(d) Minimum yard requirements 24-110(e) Permitted uses 24-110(b) Uses by exception 24-110(c) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. Appeals of decisions of board 24-49(3) Appeals of administrative actions 24-49(2) Exercising powers; reversing, affirming, modifying order, requirements, decision, etc. 24-49(4) Power and duties 14-20, 24-49(1) Community facilities Planned unit development (PUD) 24-136 Construction offices, temporary 24-168 Construction trailers or structures, temporary 24-66(a) Construction within the districts All structures 24-66(b) Coastal re 6-18 et seq. Temporary construction trailers or structures 24-66(a) CPO commercial professional and offices districts Supp. No. 6 2164