AB Code Supplement 5SUPPLEMENT NO. 5
CODE OF ORDINANCES
City of
ATLANTIC BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 90-87-118, enacted March 23, 1987.
See Code Comparative Table, page 1994.
Included in the Charter is:
Ordinance No. 4-86-3, adopted January 26, 1987.
See Charter Comparative Table, page 91.
Remove old pages Insert new pages
ix—xii ix—xii
Checklist of up-to-date pages Checklist of up-to-date pages
13, 14 13-14.1
17-22 17-19
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159, 160 159, 160
166.1 166.1
170.1-172 171-172.1
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195, 196 195, 196
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1993 1993, 1994
Index pages Index pages
2053-2055 2053-2055
2081, 2082 2081, 2082
Note—An updated checklist of pages in Code is included, following Table of
Contents.
INSTRUCTION SHEET—Cont'd.
2087-2101 2087-2100
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2111-2116 2111-2116.1
2121-2130 2121-2130.1
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2143-2148 2143-2148.1
2151, 2152 2151, 2152
2163-2166.1 2163-2166.1
2169-2172 2169-2172
Insert this instruction sheet in front of volume. File removed pages for
reference.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
April, 1987
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. XL Recall 17
Art. XII. Franchises 18
Art. XIII. Tax Administration 18
Art. XIV. Zoning 18
Art. XV. Issuance of Bonds 22
Art. XVI. Municipal Court and Department of Law 22
Art. XVII. Suits Against the City 23
Art. XVIII. General and Miscellaneous Provisions 23
Art. XIX. When Act Takes Effect 28
Charter Comparative Table—Special Acts 79
Charter Comparative Table—Ordinances 91
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions 103
2. Administration 159
Art. I. In General 159
Art. II. City Commission 159
Art. III. City Manager 163
Art. IV. Departments 163
Div. 1. Generally 163
Div. 2. Police Department 164
Div. 3. Fire Department 164
Div. 4. Department of Finance 165
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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 00
3. Alcoholic Beverages 245
4. Animals 299
Art. I. In General 299
Alt . T. Dog;
and Cato 30'
5. Beaches 353
Art. I. In General 353
Art. II. Safety Zone 354
6. Buildings and Building Regulations 405
Art. I. In General 405
Art. II. Building Code 405
Art. III. Electrical Code 409
Art. IV. Plumbing Code 412
Art. V. Mechanical Code 413
Art. VI. Swimming Pool Code 415
Art. VII. Numbering of Buildings 416
7. Fire Prevention and Protection 469
Art. I. In General - 469
Art. II. Fire Prevention Code. 469
8. Flood Hazard Districts 521
9. Human Relations 577
Art. I. In General 577
Art. II. Fair Housing 577
10. Mobile Homes and Recreational Vehicles 631
11. Noise 683
12. Nuisances 735
13. Offenses 787
14. Planning/Zoning/Appeals 839
Art. I. In General 839
Art. II. Community Development Board 839
Supp. No. 5
x
TABLE OF CONTENTS—Cont'd.
Chapter Page
15. Police 891
Art. I. 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 1295
Div. 8. Sewer System Extensions 1299
23. Vegetation 1351
Art. I. In General 1351
Art. II. Trees 1351
Art. III. Accumulation of Weeds 1352
24. Zoning and Subdivision Regulations 1403
Art. I. In General 1403
Art. II. Language and Definitions 1404
Art. III. Zoning Regulations 1420
Div. 1. Generally 1420
Div. 2. Administration 1420
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ATLANTIC BEACH CODE
Chapter Page
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. Assurancefor 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. 5
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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, Serviceand 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 166.1 5
iii OC 167, 168 1
v, vi OC 169, 170 1
vii, viii 1 171, 172 5
ix, x 5 172.1 5
xi, xii 5 173, 174 OC
1, 2 OC 175, 176 5
3, 4 OC 177, 178 5
5, 6 OC 178.1 5
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9, 10 OC 181, 182 OC
11, 12 OC 183, 184 OC
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14.1 5 186.1 2
15, 16 OC 187, 188 OC
17, 18 5 189, 190 5
19 5 190.1 5
23, 24 • OC 191, 192 OC
25, 26 OC 193, 194 OC
27, 28 OC 195, 196 5
79 5 245, 246 OC
91 5 247, 248 3
103, 104 OC 299, 300 OC
105, 106 OC 301, 302 5
107, 108 OC 303, 304 5
159, 160 5 353, 354 4
161, 162 OC 355 4
163, 164 OC 405, 406 OC
165, 166 4 407, 408 OC
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413, 414 OC 1284.1 3
415, 416 OC 1285, 1286 OC
417, 418 OC 1287, 1288 OC
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521, 522 OC 1291, 1292 OC
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577, 578 OC 1296.1 5
579, 580 OC 1297, 1298 3
581 OC 1298.1, 1298.2 3
631, 632 OC 1299, 1300 OC
683, 684 OC 1301 OC
685 OC 1351, 1352 OC
735, 736 OC 1353 OC
737 OC 1403, 1404 5
787, 788 4 1405, 1406 3
789, 790 4 1407, 1408 OC
839, 840 5 1409, 1410 5
841, 842 5 1410.1 5
843 5 1411, 1412 OC
891, 892 . OC 1413, 1414 5
943, 944 3 1415, 1416 5
945, 946 3 1417, 1418 5
947 3 1419, 1420 5
997, 998 OC 1421, 1422 5
999, 1000 OC 1423, 1424 :: 5
1001, 1002 OC 1425, 1426 5
1003, 1004 OC 1427, 1428 5
1005 OC 1428.1 5
1055, 1056 OC 1429, 1430 OC
1057 OC 1431, 1432 5
1107 OC 1433, 1434 5
1157, 1158 OC 1435, 1436 5
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1161, 1162 2 1439, 1440 5
1163, 1164 2 1441, 1442 5
1165, 1166 2 1443, 1444 5
1167, 1168 2 1445, 1446 5
1169, 1170 2 1446.1, 1446.2 5
1171, 1172 5 1447, 1448 OC
1173, 1174 5 1449, 1450 5
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1459, 1460 2 2116.1 5
1461, 1462 4 2117, 2118 1
1463, 1464 OC 2119, 2120 3
1465, 1466 OC 2120.1 3
1467, 1468 OC 2121, 2122 5
1469, 1470 OC 2123, 2124 5
1471, 1472 OC 2125, 2126 5
1473, 1474 OC 2127, 2128 5
1475, 1476 3 2129, 2130 5
1477, 1478 OC 2130.1 5
1479, 1480 OC 2131, 2132 3
1481, 1482 OC 2133, 2134 5
1483 OC 2134.1 5
1983, 1984 OC 2135, 2136 OC
1985 OC 2137, 2138 5
1987, 1988 OC 2139, 2140 5
1989, 1990 OC 2140.1 5
1991, 1992 2 2141, 2142 OC
1993, 1994 5 2143, 2144 5
2043 OC 2145, 2146 5
2053, 2054 5 2147, 2148 5
2055 5 2148.1 5
2081, 2082 5 2149, 2150 OC
2083, 2084 OC 2151, 2152 5
2085, 2086 OC 2152.1 1
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2095, 2096 5 2161, 2162 3
2097, 2098 5 2162.1 3
2099, 2100 5 2163, 2164 5
2103, 2104 5 2165, 2166 5
2105, 2106 5 2166.1 5
2107, 2108 5 2167, 2168 OC
2108.1 5 2169, 2170 5
2109, 2110 OC 2171, 2172 5
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[3]
CHARTER § 82
"STATEMENT OF CIRCULATOR"
"The undersigned is the circulator of the foregoing paper containing
signatures. Each signature appended thereto was made in my presence and is the genuine
signature of the person whose name it purports to be.
"SIGNATURE OF CIRCULATOR
"ADDRESS:
Any signature made earlier than the fifteenth of August next preceding the election shall
be void. All nominating papers comprising a petition shall be filed as one instrument with the
city clerk, not earlier than 12:00 Noon on the second Tuesday of September, nor later than
12:00 Noon on the third Tuesday of September, before the election. The city clerk shall make a
record of the exact time at which each petition -is filed, and shall take and preserve the name
and address of the person by whom it is filed. No nominating petition shall be accepted unless
accompanied by a signed acceptance of the nomination in substantially the following form:
"ACCEPTANCE OF NOMINATION"
"I hereby accept the nomination for Seat No. on the City Commission and agree
to serve if elected.
(Signature of Candidate)"
Within two days after the filing of a nominating petition the city clerk shall notify the
candidate, and the person who filed the petition, whether or not it is found to be signed by the
required number of qualified electors. If a petition is found insufficient, the city clerk shall
return it immediately to the person who filed it with a statement certifying wherein the
petition is found insufficient. Within the regular time for filing petitions, such a petition may
be amended and filed again as a new petition, in which case the time of the first filing shall be
disregarded in determining the validity of signatures thereon, or a different petition may be
filed for the same candidate. The petition of each person nominated to be a member of the city
commission shall be preserved by the city clerk until the expiration of the term of office for
which the candidate has been nominated.
(Ord. No. 33-77-4, § III, 6-13-77)
Sec. 82. Elections: Primary.
A primary election for the nomination of candidates for the office of city commissioners of
the city, shall be held once every two years on the first Tuesday in October for each seat on the
city commission which shall become vacant at eight o'clock P.M. on the first Tuesday in
November of the same year. The two candidates for each seat to be filled receiving the
greatest number of votes in said primary shall be certified as candidates or nominees at the
general election, provided, however, that should any candidate receive at such primary
election a clear majority of all votes cast, he shall be declared regularly elected and shall not
be required to enter the general election as hereinafter provided. However, should only one
candidate be nominated for a particular seat, an election for that seat will not be required and
Supp. No. 5
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§ 82 ATLANTIC BEACH CODE
the unopposed candidate shall be declared elected to the office of City Commissioner.
(Laws of Fla., Ch. 61-1861; Laws of Fla., Ch. 86-416)
Sec. 83. Elections: General.
A regular or general election of candidates or nominees to the office of city commissioner
shall be held once every two years on the third Tuesday in October, unless all candidates or
nominees for each seat shall have received a majority of all votes cast for such seat in the
immediately preceding primary election, in which event such primary election shall be
considered the general election for that year. The candidate or nominee receiving the clear
majority of votes for each seat at such general election shall be declared elected. In the event
of a tie between two candidates for any seat upon the city commission in the general election,
another election shall be held on the Tuesday following the general election, and the two
candidates receiving the equal votes shall be the only candidates on the ballot for such
general election.
Sec. 84. Elections: Writing in of candidates.
In addition to the names printed on the ballots for primary and general elections, there
shall be printed under each seat to be voted on at such election a blank line upon which the
electors may write in the name of some person other than those printed on the ballot and cast
their vote for such person as a candidate for such seat. In the event the name of a single
individual appears for more than one as a "write in" or otherwise, on any ballot, such "write
in" shall be void and shall not be counted for any candidate whose name appears thereon.
Sec. 85. Absentee voting.
Absentee voting procedures shall follow those procedures as prescribed by General State
Law.
(Ord. No. 33-77-4, § IV, 6-13-77)
State law reference—Absentee ballots, F.S. § 101.62 et seq.
Sec. 86. Elections: Governed by state law or ordinance.
Except as herein specifically provided, all elections in the city shall be conducted substan-
tially on the principles governing state elections, or as the city commission shall by ordinance
prescribe.
State law reference—Electors and elections, F.S. Ch. 97 et seq.
Sec. 87. Elections: Canvass of returns.
The polls shall open at seven o'clock A.M. and shall close at seven o'clock P.M. The result
of the voting when ascertained, shall be certified by return in duplicate, signed by the clerk
and a majority of the. inspectors of the election, one copy being delivered by such clerk and
inspectors to the mayor -commissioner and the other to the city clerk, both of whom shall
transmit such returns to the city commission at its next regular meeting thereafter. At such
meeting the city commission shall canvass the returns and the results as shown by such
Supp. No. 5
14
CHARTER § 87
returns shall be by the city commission declared as the result of the election. The city clerk
shall, not later than noon of the second day after the canvass of said election, furnish a
certificate of election to each person shown to have been elected.
State law reference—Opening and closing of polls, F.S. § 100.011.
Supp. No. 5
14.1
CHARTER § 99
its final. vote thereon. The commission may, in its discretion, and if no regular election is to be
held within such period, provide for a special election.
Sec. 96. Form of ballot for initiated and referred ordinances.
Ordinances submitted to vote of the electors in accordance- with the initiative and refer-
endum provisions of this Charter shall be submitted by ballot title, which shall be prepared in
all cases by the director of law or other principal legal adviser of the city. The ballot title may
be different from the legal title of any such initiated or referred ordinance and shall be a clear-,.
concise statement, without argument or prejudice, descriptive of the substance of such ordi-
nance. The ballot used in voting upon any ordinance, if a paper ballot shall have below the.
ballot title the following propositions, one above the other, in the order indicated: : "FOR THE
ORDINANCE" and "AGAINST THE ORDINANCE." Immediately at the left of each proposi-
tion there shall be a square in which by making a cross (X) the elector may vote for or against
the ordinance. Any number of ordinances may be voted on at the same election and may be
submitted on the same ballot, but any paper ballot used for voting thereon shall be for that
purpose only. If voting machines are used, the ballot title of any ordinance shall have below it
the same two propositions, one above the other or one preceding the other in the order
indicated, and the elector shall be given an opportunity to vote for either of the two proposi-
tions and thereby to vote for or against the ordinance.
Sec. 97. Availability of list of qualified electors.
If any organization or group requests it for the purpose of circulating descriptive matter
relating to the ordinance to be voted on, the board of elections or city clerk or other office,
department or agency of the city having the ist of qualified electors shall either permit such
organization or group to copy the names and addresses of the qualified electors or furnish it
with a list thereof.
State law reference—County registers open to inspection, copies, F.S. § 98.211.
Sec. 98. Results of election.
If a majority of the electors voting on a proposed initiative ordinance shall vote in favor
thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not
approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If
conflicting ordinances are approved by the electors at the same election, the one receiving the
greatest number of affirmative votes shall prevail to the extent of such conflict.
Sec. 99. Repealing ordinances; posting.
Initiative and referendum ordinances adopted or approved by the electors shall be posted,
and may be amended or repealed by the commission, as in the case of other ordinances.
ARTICLE XI. RECALL
Editor's note—The text of this article, sections 100-108, has been deleted as preempted
by F.S. § 100.361.
Stipp. No. 5
17
§ 109 ATLANTIC BEACH CODE
ARTICLE XII. FRANCHISES
Sec. 109. Granting of franchises.
The city shall have power to grant a franchise to any private or public enterprise for the
use of streets and other public places in the furnishing of any public service or utility service
to the city and its inhabitants. All franchises and any renewals, extensions and amendments
thereto shall be granted only by ordinance, and under such limitations as may be provided by
laws of the State of Florida. If the proposed franchise is for fifteen years or more, the
ordinance approving said franchise shall not be effective unless it is approved at a referendum
in the same manner provided in this chapter for the approval of the issuance of bonds.
(Ord. No. 40-79-8, § A, 6-11-79)
ARTICLE XIII. TAX ADMINISTRATION
F�r#it.�air's xesat —The text of this article, sections .12a has bee.,, delete as _ a
:,.�_., .,.,x,..•vii.� 110 vv, been deleted superseded
by F.S. § 193.116 and Ch. 205.
ARTICLE XIV. ZONING
Editor's note—The text of this article, sections 132-147, was repealed in its entirety by
Ord. No. 47-86-3, § 1, adopted January 26, 1987. Former sections 127-129 had been deleted as
superseded by F.S. § 163.3161 and Ch. 166, and former sections 130 and 131 had been deleted
or superseded by F.S. § 166.041. Similar provisions are now in Ch. 14 of the Code of Ordinances.
ARTICLE XV. ISSUANCE OF BONDS
Editor's note—The text of this article, sections 148-150, has been deleted since full
authority for municipal borrowing is contained in F.S. § 166.101 et seq. This article was
amended by Laws of Fla., Ch. 70-578 and Ora. No. 15-83-5, adopted June 27, 1983.
ARTICLE XVI. MUNICIPAL COURT AND DEPARTMENT OF LAW
Sec. 151. Municipal court.
Editor's note—The text of sections 151-157 has been deleted since the municipal court
was abolished pursuant to Fla. Const. Art. V, § 20(dX4).
Sec. 152. Sickness, absence or disqualification of municipal judge.
Editor's note—See editor's note to section 151.
Supp. No. 5
18
CHARTER § 158
Sec. 153. Powers.
Editor's note—See editor's note to section 151.
Sec. 154. Disposition of moneys collected as fines.
Editor's note—See editor's note to section 151.
Sec. 155. Remission of fines and penalties.
Editor's note—See editor's note to section 151.
Sec. 156. City prosecutor: Powers and duties.
Editor's note—See editor's note to section 151.
Sec. 157. Executive officer of the court.
Editor's note—See editor's note to section 151.
Sec. 158. City attorney: Appointment and qualifications.
The city commission shall appoint a city attorney who shall act as the legal adviser to,
and attorney and counselor for, the municipality and all of its officers in matters relating to
their official duties. He shall prepare all contracts, bonds, and other instruments in writing in
Supp. No. 5 [The next page is 23]
19
CHARTER COMPARATIVE TABLE
SPECIAL ACTS
This table shows the location of the sections of the basic Charter and the
special acts amending the Charter.
Chapter
57-1126
59-1052
61-1861
61-1862
65-1248
67-1086
86-416
Section
1-183
1
Section
this Charter
1-183
2
6
82
5
80
33
82
Supp. No. 5 [The next page is 91]
79
CHARTER COMPARATIVE TABLE
ORDINANCES
This table shows the location of ordinances amending the Charter.
Ordinance Adoption Section
Number Date Section this Charter
5-75-3 12-22-75 3 Char., § 7
33-77-4 6-13-77 I Char., § 79
II Char., § 80
III Char., § 81
IV Char., § 85
40-79-8 6-11-79 A Char., § 109
5-82-8 4-26-82 1 Char., § 32
2 Char., § 34
5-83-9 11-14-83 1 Char., § 7
5-83-12 2-13-84 1 Char.,
Art. VII(note)
4-86-3 1-26-87 1 Art. XIV (note)
Supp. No. 5 [The next page is 103]
91
Chapter 2
ADMINISTRATION*
Art. I. In General, §§ 2-1-2-15
Art. II. City Commission, §§ 246-2-30
Art. III: City Manager, §§ 2-31-2-40
Art. IV. Departments, §§ 2-41-2430
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, §§ 2171-2-78
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. VH. 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
Secs. 2-1-2-15. Reserved.
ARTICLE II. CITY COMMISSIONt
Sec. 2-16. Time and place of regular meetings. -
The regular meetings of the city commission shall be held on the second and fourth
Mondays of each month, except December, in city hall, at 7:15 p.m. If the second or fourth
Monday falls on a holiday, the regular meeting shall be held on the Tuesday immediately
*Charter references—Form of government, § 3; general powers, § 4.
Cross references—Planning/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.
tCharter reference—The commission,. § 5 et seq.
State law references—Code of ethics for public officers and employees, F.S. § 112.311 et
seq.
Supp. No. 5
159
§ 2-16 ATLANTIC BEACH CODE
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. 5
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ADMINISTRATION § 2-140
Sec. 2-80. Director of Public Services—Appointment, compensation.
The director of public services shall be the head of the department of public works and his
appointment or removal shall be authorized by the city manager. The director of public
services shall receive such compensation as determined by the city commission.
(Ord. No. 5-86-14, § 1, 1-27-86)
Sec. 2-81. Same—Duties.
The director of public services, under the direction of the city manager, shall be responsi-
ble for the supervision of the maintenance of streets, sanitation, water and sewer facilities
including lift stations and treatment plants, drainage facilities, recreation, the maintenance
of public buildings and grounds and project utility inspections.
(Ord. No. 5-86-14, § 1, 1-27-86)
Sec. 2-82. Division chiefs; Appointment, compensation.
Within the department of public works there may be three divisions:
(1) A streets, drainage, sanitation and recreation division;
(2) A water and sewer treatment plants division, which includes lift stations;
(3) A water distribution and sewage collection system division.
Each division may be headed by a division chief whose appointment or removal shall be
authorized by the director of public services, subject to the approval of the city manager. The
compensation of the division chiefs shall be as approved by the city commission.
(Ord. No. 5-86-14, § 1, 1-27-86)
Sec. 2-83. Other duties.
The department shall perform such other duties as may be assigned by the city manager
and the director of the department shall be responsible for keeping the city manager informed
of the activities of the department.
(Ord. No. 5-86-14, § 1, 1-27-86)
Secs. 2-84-2-130. Reserved.
ARTICLE V. BOARDS AND COMMISSIONS*
DIVISION 1. GENERALLY
Secs. 2-131-2-140. Reserved.
*Cross references—Board of trustees for retirement system, § 2-264 et seq.; community
development board, § 14-16 et seq.
Supp. No. 5
166.1
ADMINISTRATION § 2-240
Sec. 2-150. Duration of lien.
No lien provided under this division shall continue for a period longer than two (2) years
after the certified copy of an order imposing a fine has been recorded, unless within that time
an action to foreclose on the lien is commenced in a court of competent jurisdiction. The
continuation of the lien effected by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration without notice, unless a notice
of lis pendens is recorded.
State law reference—Similar provisions, F.S. § 162.10.
Sec. 2-151. Appeal.
Any aggrieved party, including the local governing body, may appeal a final order of the
code enforcement board to the circuit court of Duval County, Florida, within thirty (30) days of
the execution of the order to be appealed. The scope of review shall be limited to the record
made before the board and shall not be a trial de novo. The board shall by rule establish
reasonable charges for the preparation of the record to be paid by the petitioner.
(Ord. No. 95-80-21, § 7, 12-8-80; Ord. No. 95-85-26, 2-25-85)
State law reference—Similar provisions, F.S. § 162.11.
Secs. 2-152-2-225. Reserved.
ARTICLE VI. EMPLOYEE BENEFITS*
DIVISION 1. GENERALLY
Sec. 2-226. Holiday schedule.
The following schedule of holidays is hereby ordained, established, and approved:
January 1 New Year's Day
Third Monday in February President's Day observed
Last Monday in May Memorial Day
July 4 Independence Day
First Monday in September Labor Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day after Thanksgiving
December 25 Christmas Day
Date applicable Employee's birthday
(Ord. No. 5-86-17, § 1, 10-27-86)
Editor's note—Ord. No. 5-86-17, § 1, adopted October 27, 1986, did not specifically
amend the Code; therefore, inclusion as § 2-226 was at the discretion of the editor.
Secs. 2-227-2-240. Reserved.
*Cross reference—Any ordinance relating to the salaries of the city officers or employ-
ees saved from repeal, § 1-5(6).
Supp. No. 5
171
§ 2-241 ATLANTIC BEACH CODE
DIVISION 2. OLD -AGE AND SURVIVORS INSURANCEt
Sec. 2-241. Statement of policy.
It is hereby declared to be the policy and purpose of the city to extend, effective as of
January 1, 1951, to the employees and officials of the city not excluded by law, and whether
employed in connection with a governmental or proprietary function, the benefits of the
system of old—age and survivors insurance, as authorized by the Federal Social Security Act
and amendments thereto, including Public Law 734 of the 81st Congress, and by F.S. Ch. 650;
and to cover by such plan all services which constitute employment as defined in F.S. §
650.02, performed in the employ of the city by employees thereof. In pursuance of such policy,
and for that purpose, the city shall take such action as may be required by applicable state or
federal laws or regulations.
(Code 1970, § 16-4)
Sec. 2-242. Execution of agreements by mayor -commissioner.
The mayor -commissioner is hereby authorized and directed to execute all necessary
agreements and amendments thereto with the division of retirement of the department of
administration as the state agency for the state or his authorized representative for the
purpose of extending the benefits provided by the system of old -age and survivors insurance to
the employees and officials of this city, as provided in section 2-241, which agreement shall
provide for such methods of administration of the plan by the city as are found by the state
agency to be necessary for the proper and efficient administration thereof, and shall be
effective with respect to services in employment covered by the agreement performed after
December 31, 1950.
(Code 1970, § 16-5)
Sec. 2-243. Withholdings from wages.
Withholdings from salaries, wages or other compensation of employees and officials for
the purpose provided in section 2-241 are hereby authorized to be made, and shall be made, in
the amounts and at such times as may be required by applicable state or federal laws or
regulations, and shall be paid over to the state agency designated by such laws or regulations
to receive such amounts.
(Code 1970, § 16-6)
Sec. 2-244. Appropriations and payment of contributions by city.
There shall be appropriated from available funds, derived from such amounts, at the
times, as may be required to pay promptly the contributions required of the city as employer
tState law references—Social security for public employees, F.S. Ch. 650; authority of
political subdivisions of state to submit plans for inclusion under the social security act, F.S. §
650.05.
Supp. No. 5
172
ADMINISTRATION § 2-260
by applicable state or federal laws or regulations, which shall be paid over to the lawfully
designated state agency at the times and in the manner provided by law and regulations.
(Code 1970, § 16-7)
Sec. 2-245. Records and reports.
The city shall keep such records and make such reports as may be required by applicable
state or federal laws or regulations, and shall adhere to the rules and regulations of the state
agency for the enforcement of the laws and regulations.
(Code 1970, § 16-8)
Sec. 2-246. Exclusions.
There is hereby excluded from this article any authority to make any agreement with
respect to any position or any employee or official now covered, or authorized to be covered, by
any other ordinance or law creating any retirement system for any employee or official of the
city.
(Code 1970, § 16-9)
Sec. 2-247. Acceptance of Social Security Act.
The city hereby adopts the terms, conditions, requirements, reservations, benefits, privi-
leges and other conditions thereunto appertaining to Title II of the Social Security Act, as
amended by Public Law No. 734, 81st Congress, for and on behalf of all the officers and
employees thereof and of its departments and agencies, save and except any of the officers and
employees now covered or authorized to be covered by any retirement system provided by law,
and further excepting any official or employee who occupies any position, office or employ-
ment not authorized to be covered by applicable state or federal laws or regulations.
(Code 1970, § 16-10)
Sec. 2-248. Designation of custodian of funds and withholding and reporting agent.
The director of finance is hereby designated the custodian of all sums withheld from the
compensation of officers and employees and of the appropriated funds for the contribution of
the city and the director of finance is hereby made the withholding and reporting agent and
charged with the duty of maintaining personnel records for the purposes of this article.
(Code 1970, § 16-11)
Secs. 2-249-2-260. Reserved.
Supp. No. 5
172.1
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. . Na. 58x75-4,. § 4,,12=22 75)
Cross reference—Boards and commissions generally, §. 2-131 et seq.
Sec. 2=265. Same.—Actuarial data; report to city commission.
(a) The board shall keep or cause to be- kept, in convenient form, such data as shall be
recommended by the actuary as necessary for the operation of the retirement system on an
actuarial basis. The board shall keep or cause to be kept,in convenient form, such additional
data as is required to properly report the operations of the system.
(b) The board shall render a report to the city commission on or before the first day of
April of each year showing the fiscal transactions of the retirement system for the year ended
the preceding thirtieth day of September, the assets of the retirement system as of the
preceding thirtieth day of September, and a copy of the most recent actuarial report.
(Ord. No. 58-75-4, § 10, 12-22-75)
Sec. 2-266. Same—Composition.
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. 58-86-6, § 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
Supp. No. 5
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§ 2-267 ATLANTIC BEACH CODE
employment, whereupon a new election will be held by the members of the plan for their
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. 58-86-6, § 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. 58-86-6, § 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.
(Orel. No, 58-75-4, § 8, 12-22-75; Ord. No. 58-86-6, § 1, 1-12-87)
Sec. 2-270. Officers and employed services.
The officers and employed service 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.
5
(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.
Supp. No. 5
176
ADMINISTRATION § 2-271
(4) Legal advisor: The board is empowered to employ independent legal council but is
authorized to utilize the services of the city attorney.
(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 arrangefor 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. 58-86-6, § 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.
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177
§ 2-271 ATLANTIC BEACH CODE
(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)
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 -twelfth of a year. The board of
trustees may credit a member with a full year of credited service if the member has rendered
at least ten -twelfths of a year of service during any period of twelve (12) consecutive calendar
months.
(Ord. No. 58-75-4, § 12, 12-22-75)
Sec. 2-273. Loss of credited service.
A retirement system member's credited service shall be forfeited and no longer in force if
the member terminates city employment with less than ten (10) years of credited service.
(Ord. No. 58-75-4, § 13, 12-22-75)
Sec. 2-274. Reinstatement of credited service.
A member's last forfeited credited service shall be restored to his/her individual service
account if re-employment by the city and membership in the retirement system occurs within
five (5) years from and after the date of separation from city employment that caused the
forfeiture.
(Ord. No. 58--75-4, § 14, 1222 75)
Sec. 2-275. Military service credit.
(a) A member of the retirement system who leaves or left city employment to enter any
armed service of the United States during time of war, period of compulsory military service,
or period of national emergency recognized by the city commission shall have required periods
of active duty credited as city service subject to the following conditions:
(1) The member is re-employed by the city within one (1) year from and after the date of
termination of such active duty;
(2) In no case shall more than six (6) years of service be credited on account of all
military service.
(b) The board of trustees shall determine the amount of service to be credited a member
under the provisions of this section.
(Ord. No. 58-75-4, § 15, 12-22-75)
Supp. No. 5
178
ADMINISTRATION § 2-276
Sec. 2-276. Voluntary retirement conditions.
(a) A member of the retirement system may retire upon satisfaction of each of the
following requirements:
(1) The member files written application for retirement with the board of trustees
setting forth the date, not less than thirty (30) days nor more than ninety (90) days
subsequent to the execution and filing thereof, retirement is to be effective;
(2) The member terminates all city employment prior to the date retirement is tc be
effective;
(3) The member has met one of the age and service requirements for retirement specified
in subsection (b) applicable to the member's benefit group.
Supp. No. 5
178.1
ADMINISTRATION § 2-335
notice shall include a brief description of the services or supplies and shall state where
bidding information may be secured and the time and place of opening bids.
(Ord. No. 5-83-12, § 2, 2-13-84)
Sec. 2-333. Same—Deposits or bonds.
Bid deposits or bid bonds shall be required on all public works construction contracts with
the dollar amount in excess of twenty-five thousand dollars ($25,000.00) except for mainte-
nance contracts. Bid deposits or bid bonds may be required on all other contracts or purchase
orders. When bid bonds or bid deposits are required, the requirement shall be prescribed in
the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety
pursuant to the requirements set forth in the public notice inviting bids. Further a successful
bidder may be required to forfeit any surety or bid deposit required by the city upon failure on
the bidders part to enter a contract within ten (10) days after the award of a contract or as is
otherwise required in the bidding documents.
(Ord. No. 5-85-12, § 2, 2-13-84; Ord. No. 5-86-16, § 1, 5-27-86)
Sec. 2-334. Same—Opening procedure.
Bids shall be submitted sealed to the city manager and shall be identified as bids on the
envelope. Bids shall be opened in public at the time and place stated in the public notice.
Tabulation of all bids received shall be available for public inspection and shall be furnished
to all bidders upon request.
(Ord. No. 5-83-12, § 2, 2-13-84)
Sec. 2-335. Same—Award of contract.
(a) Lowest responsible bidder. Contract shall be awarded to the lowest responsible bidder.
In determining the lowest responsible bidder, in addition to price, the city commission shall
consider:
(1) The ability, capacity and skill of the bidder to perform the contract or provide the
service required;
(2) Whether the bidder can perform the contract or provide the service promptly, or
within the time specified, without delay or interference;
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(4) The quality of performance of previous contract or services;
(5) The previous and existing compliance by the bidder with laws and ordinances relat-
ing to the contract or service;
(6) The sufficiency of the financial resources and ability of the bidder to perform the
contract or provide the service;
(7) The quality, availability and . adaptability of the supplies or contractual services to
the particular use required;
Supp. No. 5
189
§ 2-335 ATLANTIC BEACH CODE
(8) The ability of the bidder to provide future maintenance and service for the use of the
subject of the contract.
(b) Tie bids. If all bids received are for the same total amount or unit price, quality and
service being equal, then the contract shall be awarded to one of the bidders by drawing lots in
public.
(c) Performance and labor and material payment bonds. The city manager shall require a
performance bond and a labor and material payment bond before entering a contract for a
public improvement as required by Florida Statutes.
(Ord. No. 5-83-12, § 2, 2-13-84)
Sec. 2-336. Same—Exceptions.
The formal bid procedure as defined in this division is not required in the following cases:
(1)
(2)
When the city commission, by a vote of the majority of those members present,
waives a formal bid procedure:
When the goods or services to be procured are procurable from only one source, such
as contracts for telephone service, electrical energy and other public utility services;
books, pamphlets, periodicals, specifically designed business and research equipment
and related supplies;
(3) Where the services required are for professional, artistic skills or insurance, pursu-
ant to a written contract;
(4) In emergencies involving public health, safety or where immediate expenditure is
necessary for repairs to city property in order to protect against further loss of or
damage to the city property to prevent or minimize serious destruction of city services;
(5) Contracts for the maintenance or servicing of equipment which are made 'with the
manufacturer or authorized service agent of equipment when the maintenance or
servicing can best be performed by the manufacturer or authorized service agent
where such a contract would otherwise be advantageous to the city;
(6) When the goods or services are procured from their governmental agencies or their
contracts;
(7) Purchase and contracts for the use or purchase of data processing equipment or data
processing systems software and reproduction equipment.
(Ord. No. 5-83-12, § 2, 2-13-84)
Sec. 2-337. Open market procedures.
All purchases of supplies and contractual services of less than the estimated value of two
thousand five hundred dollars ($2,500.00) may be made in the open market without newspa-
per advertisement and without observing the procedure prescribed by section 2-331 et seq. for
Supp. No. 5
190
ADMINISTRATION § 2-337
the award of formal contracts. The city manager shall keep a record of all open market orders
and orders for the purchase of supplies and services in accordance with the Public Records Act
of the state and generally accepted accounting internal control procedures.
(Ord. No. 5-83-12, § 3, 2-13-84)
Supp. No. 5
190.1
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 for 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. 5
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:
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 150.00
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 percent for handling
(Ord. No. 5-85-15, § 1, 1-13-86; Ord. No. 5-86-18, § 1, 1-12-87)
Supp. No. 5
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ANIMALS § 4-22
animal shall cause the dead body thereof to be removed outside of the city limits and disposed
of as directed by the city manager.
(Code 1970, § 4-7(h))
Secs. 4-9-4-20. Reserved.
ARTICLE II. DOGS AND CATS*
Sec. 4-21. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Cat shall mean all domestic felines.
Dog shall mean all members of the canine family including pet foxes, wolves, etc.
Owner shall mean any person having a right of property in a dog or cat, or who keeps or
harbors a dog or cat, or who has it in care or in custody.
Vaccination against rabies shall mean the proper administration of antirabies inoculation
or vaccination by a veterinarian licensed by the state board of veterinary medicine.
(Code 1970, § 4-2)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 4-22. Registration and tagging required.
(a) No dogs or cats shall be owned or kept in the city unless properly registered and
tagged as provided in this section.
(b) No person shall be allowed to keep any dog over three (3) months of age or cat over
four (4) months of age in the city unless the person shall first register the animal and purchase
an identification tag for each animal for the sum of five dollars ($5.00) per annum. Said
identification tags shall be available at the offices of authorized veterinarians practicing in
the beaches area and who shall be authorized to issue said tag following proper inoculation of
the animal against rabies. Tags will also be available at city hall and may be issued to those
persons having rabies inoculation certificates issued by licensed veterinarians. The tag is to
be attached to the animal's collar and worn continuously. The veterinarian shall upon issu-
ance of the tag, make a record of the name and address of the owner of the animal, the number
of the tag, and physical description of the animal, and the date the tag was issued. The tags
should be numbered and issued in regular sequence. Licenses shall be due and payable the
first day of July of each year. Veterinarians shall furnish a list of all tagged and registered
animals to the city as required. Registration fees received at the offices of veterinarians
participating shall be divided equally with the city.
(Code 1970, § 4-3; Ord. No. 95-86-30, § 1, 7-28-86)
*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. 5
301
§ 4-23 ATLANTIC BEACH CODE
Sec. 4-23. Impoundment.
Any unregistered dog or cat found in the city shall be picked up by the city or the
designated authorized agent of the city and 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 contained herein.
The registration fee for unregistered dogs or cats that have been picked up shall be double the
fee in effect on the date the dog or cat is picked up.
(Code 1970, § 4-4(a); Ord. No. 95-86-30, § 2, 7-28-86)
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 i2Ciilizi11e1:S con-
tained herein.
(Code 1970, § 4-4(b); Ord. No. 95-86-30, § 2, 7-28-86)
Sec. 4-25. Leashing.
No dog muzzled, unmuzzled or inoculated against rabies shall be allowed in public places
such as hotels, theaters, streets, the beach or upon property other than that of its owner,
unless the dog shall be fastened to a suitable leash of dependable strength not to exceed eight
(8) feet in length.
(Code 1970, § 4-4(c))
Sec. 4-26. Damaging property.
(a) It shall be unlawful for any person who shall own or be in control of or in charge of any
dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another
and damage the property.
(b) If any dog or cat shall wander or stray upon the property of any person within the
corporate limits of the city and shall cause damage thereon, proof of the damage and the
identity of the dog or cat shall be sufficient to convict the person owning or having charge of or
control of the dog or cat violating the terms and provisions of this article.
(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 section unless such defecation: or damage is immediately removed and/or
repaired.
(Code 1970, § 4-4(d); Ord. No. 95-86-30, § 3, 7-28-86)
State law reference—Damage by dogs, F.S. Ch. 767.
Supp. No. 5
302
ANIMALS § 4-30
Sec. 4-27. Disturbing the peace.
It shall be unlawful for any person, whether owner, or anyone having charge, custody or
control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as
to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise
provided by state law.
(Code 1970, § 4-4(e))
Sec. 4-28. Vicious dogs.
It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run
at large or without the enclosure of the owner or keeper thereof within the corporate limits of
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. 4-29. 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
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.
Supp. No. 5
303
§ 4-30 ATLANTIC BEACH CODE
(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. 5
[The next page is 353]
304
BUILDINGS AND BUILDING REGULATIONS § 6-20
"(1) Fiberglass reinforced panels of a weight not less than eight (8) pounds per square
foot.
"(2) Acrylic resin thermoplastic, not less than one-eighth inch thickness.
"(3) High impact styrene, not less than one-eighth inch thickness.
"(4) Any plasticmaterial not specifically mentioned herein which may have been, or
may beat a future date, specifically approved for such use by the Southern Build-
ing Code Congress; such approval having been duly published in a regular compli-
ance report of such congress."
(Code 1970, § 6-10)
Sec. 6-18. Coastal Construction Code—Title.
The provisions contained herein shall constitute the Coastal Construction Code for con-
struction within the coastal building zone in Atlantic Beach, Florida, and shall be referred to
as the "coastal code."
(Ord. No. 25-86-17, § 1, 2-24-86)
Sec. 6-19. Same—Purpose; generally.
The purpose of the coastal code is to provide minimum standards for the design and
construction of buildings and structures to reduce the harmful effects of hurricanes and other
natural disasters occurring along the coastal areas of Atlantic Beach which front on the
Atlantic Ocean. These standards are intended to specifically address design features which
affect the structural stability of the beach, dunes and topography of adjacent properties. The
coastal code is site specific to the coastal building zone as defined herein, and is not applicable
to other locations. In the event of a conflict between these sections and other chapters of this
Code, the requirements resulting in more restrictive design shall apply. No provisions in
these sections shall be construed to permit any construction in any area prohibited by any
other Atlantic Beach regulation.
(Ord. No. 25-86-17, § 1, 2-24-86)
Sec. 6-20. Same—Scope; applicability.
The requirements of this coastal code shall apply to the following types of construction in
the coastal building zone in Atlantic Beach:
(a) The new construction of, or improvement to major structures, nonhabitable major
structures, and minor structures as defined herein.
(b) Construction which would change or alter the character of the shoreline (e.g. excava-
tion, grading, paving). The coastal code does not apply to minor work in the nature of normal
beach cleaning or debris removal.
(1) Existing structures. The requirements of this section shall not apply to existing
structures, structures under construction, or structures for which a valid and unex-
pired municipal or county building permit was issued prior to the adoption of the
coastal code.
Supp. No. 5
409
§ 6-20 ATLANTIC BEACH CODE
(2) Multi -zone structures. For structures located partially in the coastal building zone,
the requirements of the coastal code shall apply to the entire structure.
(3) Construction seaward of mean high water. Structures or construction extending sea-
ward of the mean high water line which are regulated by Section 161.041, Florida
Statutes (e.g. groins, jetties, moles, breakwaters, seawalls, revetments, beach nour-
ishment, inlet dredging, etc.), are specifically exempt from the provisions of these
sections. In addition, the coastal code does not apply to piers, pipelines, or outfalls
which are regulated pursuant to the provisions of Section 161.053, Florida Statutes.
(4) Applications for permits. Applications for building permits for all construction in the
coastal building zone may be required by the building official to be certified by an
architect or professional engineer registered in the State of Florida. Such certifica-
tion shall state that the design plans and specifications for the construction are in
compliance with the criteria established by this coastal code.
(Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-86-19, § 1, 12-8-86)
Sec. 6-21., Sanne—ilefix itinns,
The following terms are defined for general use in the coastal code:
(a) Beach means the zone of unconsolidated material that extends landward from the
mean low water line to the place where there is marked change in material or physiographic
form, or to the line of permanent vegetation, usually the effective limit of storm waves.
"Beach" is alternatively termed "shore."
(b) Breakaway wall or frangible wall means a partition independent of supporting struc-
tural members that will withstand design wind forces, but will fail under hydrodynamic wave,
and runup forces associated with the design storm surge. Under such conditions, the wall
shall fail in a manner such that it breaks up into components that will minimize the potential
for damage to life or adjacent property. It shall be a characteristic .of a breakaway or frangible
wall that it shall have a horizontal design loading resistance of no less than ten (10) nor more
than twenty (20) pounds per square foot.
(c) Building support structure means any structure which supports floor, wall or column
loads, and transmits then to the foundation. The term shall include beams, grade beams, or
joists, and includes the lowest horizontal structural member exclusive of piles, columns or
footings.
(d) Coastal barrier islands means geological surface features which are completely sur-
rounded by marine waters that front upon the open waters of the Gulf of Mexico, Atlantic
Ocean, Florida Bay, or Strait of Florida, and are composed of quartz sands, clays, limestone,
oolites, rock, coral, coquina, sediment, or other material, including soil disposal, which fea-
tures lie above the line of mean high water. Mainland areas which were separated from the
mainland by artificial channelization for the purpose of assisting marine commerce shall not
be considered coastal barrier islands.
Supp. No. 5
410
BUILDINGS AND BUILDING REGULATIONS § 6-21
(e) Coastal building zone means the land area one thousand five hundred (1,500) feet
landward of the coastal construction control line established pursuant to Section 161.053,
Florida Statutes.
(f) Column action means the potential elastic instability in piles or columns resulting in
axial or lateral bending of the member due to compressive stress.
(g) Construction means the carrying out of any building, clearing, filling, or excavation or
the making of any material change in the size or use of any structure or the appearance of any
land. When appropriate to the context, "construction" refers to the act of construction or the
result of construction.
(h) Dune means a mound or ridge of loose sediments, usually sand -sized, lying landward
of the beach, and deposited by natural or artificial means.
(i) Major structure includes but is not limited to residential buildings including mobile
homes, commercial, institutional, industrial, and other construction having the potential for
substantial impact on coastal zones.
(j) Mean high water line means the intersection of the tidal plane of mean high water
with the shore. Mean high water is the average height of high waters over a nineteen -year
period (see Section 177.27 (15), Florida Statutes).
(k) Minor structure includes but is not limited to pile -supported, elevated dune and beach
walkover structures; beach access ramps and walkways; stairways; pile -supported elevated
viewing platforms, gazebos, and boardwalks; lifeguard support stands; public and private
bathhouses; sidewalks, driveways, parking areas, shuffleboard courts, tennis courts, handball
courts, racquetball courts, and other uncovered paved areas; earth retaining walls; sand
fences, privacy fences, ornamental walls, ornamental garden structures, aviaries, and other
ornamental construction. It shall be a characteristic of minor structures that they are consid-
ered to be expendable under design wind, wave and storm forces.
(1) Nonhabitable major structure includes but is not limited to swimming pools; parking
garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water -retention
structures; water and sewage treatment plants; electrical power plants, transmission and
distribution lines, transformer pads, vaults, and substations; roads, bridges, streets, and
highways; underground storage tanks; communications buildings and towers; flagpoles and
signs over fifteen (15) feet in height.
(m) NGVD means National Geodetic Vertical Datum, a geodetic datum, established by
the National Ocean Service and frequently referred to as the 1929 Mean Sea Level Datum.
(n) One -hundred -year storm means a shore incident hurricane or any other storm with
accompanying wind, wave, and storm surge intensity having a one percent chance of being
equaled or exceeded in any given year, during any one -hundred -year interval.
(o) Seasonal high-water line means the line found by the intersection of the rising shore
and the elevation of one hundred fifty (150) percent of the local mean tidal range above mean
high water.
Supp. No. 5
410.1
§ 6-21 ATLANTIC BEACH CODE
(p) State minimum building code means the building code adopted by a municipality or
county pursuant to the requirements of Section 553.73, Florida Statutes.
(q) Substantial improvement means any repairs, reconstruction, or improvement of a
structure, the cost of which equals or exceeds a cumulative total of fifty (50) percent of the
market value of the structure either:
(1) Before the repair or improvement started;
(2) If the structure has been damaged and is being restored, before the damage occurred.
For the purpose of this definition, "substantial 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 alteration affects the external dimensions of the structure. The term does
not, however, include either any project for improvement of a structure to comply with
existing state or local health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions; or any alteration of a structure listed on the National Register
of Historic Places or the State Inventory of Historic Places.
(r) Coastal construction control line means the landward extent of that portion of the
beach -dune system which is subject to severe fluctuation based upon a one -hundred -year
storm surge, strong waves or other predictable weather conditions as established by the
Department of Natural Resources in accordance with Section 161.053, Florida Statutes.
(Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-86-19, § 1, 12-8-86)
Sec. 6-22. Coastal construction requirements—Generally.
Construction within the coastal building zone shall meet the requirements of these
sections. All structures shall be designed so as to minimize damage to life, property and the
natural environment. Assistance in determining the design parameters to minimize such
damage may be found in the referenced documents listed in section 6-28 herein.
(Ord. No. 25-86-17, § 1, 2-24-86)
Sec. 6-23. Same—Major structures.
(a) Foundations. All major structures shall be anchored to their foundations in such a
manner as to prevent flotation, collapse or lateral displacement.
Foundation design and construction shall consider all anticipated loads resulting from
design storm conditions, including wave, hydrodynamic, hydrostatic and wind loads acting
simultaneously with dead loads. Erosion computations for foundation design shall account for
all vertical and lateral erosion and scour -producing forces, including localized scour due to the
presence of structural components.
(1) Pile foundations shall be required for buildings located in Federal Emergency Man-
agement Agency Flood Insurance Rate Map "V" (velocity) zones or where imp,:cted
by wave action.
Supp. No. 5
410.2
BUILDINGS AND BUILDING REGULATIONS § 6-23
a. Pile dimensions, spacing and embedment shall be designed consistent with the
requirement of the site, taking into acount all vertical, lateral, erosion and
scour -producing forces.
b. Piles shall be driven to a penetration which achieves adequate bearing capacity
taking into consideration the anticipated loss of soil above the design grade.
c. In addition to the normal foundation analysis, the pile foundation analysis shall
consider piles in column action, where appropriate, from the bottomof the
support structure to the design grade.
d. Consideration shall also be given to the degree of exposure to wave attack and
the resulting impact loads on lateral or diagonal bracing between piles.
(2) Monolithic foundations may be permitted in Federal Emergency Management Agency
Flood Insurance Rate Map "A" or "B" zones or in locations not impacted by wave
action.
a. Monolithic foundations may be used if soil conditions permit and if located at an
elevation which minimizes their effect on the beach and adjacent properties. Due
consideration shall be given to their vulnerability to erosion under design storm
conditions.
b. In the event that a monolithic foundation is used, the maximum elevation of the
top of the slab is to be below the design scour depth (see Chapter 5.28, Shore
Protection Manual, U.S. Army Corps of Engineers, 4th edition, 1984) unless
positive methods are provided to prevent scour.
c. Other types of spread footings such as runnings footers or pads may be permitted
when positive methods are provided to prevent scour.
(b) Understructures. No substantial walls or partitions shall be constructed below the
level of the first finished floor. This does not preclude the construction of:
(1) Stairways;
(2) Shearwalls essentially perpendicular to breaking waves;
(3) Shearwalls essentially parallel to breaking waves which do not exceed a maximum of
twenty (20) percent of the building length;
(4) Wind or sand screens constructed of fabric or wire mesh;
(5) Light open lattice partitions with individual wooden lattice strips no greater than
three fourths (3/4) inch thick or three (3) inches wide;
(6) Elevator shafts;
(7) Breakaway or frangible walls; or
(8) Substantial walls constructed above the wave action and storm surge expected under
design storm conditions.
(c) Building and floor elevations. The minimum elevation for the underside of the build-
ing support (excluding foundation) shall be above the elevation of the design breaking wave
crests or wave uprush superimposed on the storm surge with dynamic wave setup expected
Supp. No. 5
410.3
§ 6-23 ATLANTIC BEACH CODE
under design storm conditions. The elevation of the storm surge with dynamic wave setup
shall be either the elevation established by the Florida Department of Natural Resources
Coastal Construction Control Line Study or the base flood elevation for the specific area
established by the Federal Emergency Management Agency as determined by the design
engineer.
(d) Erosion and design grade. The elevation of the soil surface to be used in the design of
foundations, calculation of pile reactions and bearing capacities shall not be greater than that
which would result from the erosion reasonably anticipated as a result of design storm
conditions. Calculation of the design grade shall take into account localized scour due to the
presence of structural components. Erosion computations for foundation design shall consider
all vertical and lateral erosion and scour -producing forces.
(e) Wave force design.
(1) Calculations for wave forces resulting from design storm conditions on building
foundations and superstructures may be based upon the minimum criteria and meth-
ods prescribed in the Naval Facilities Engineering Command Design Manual, NAVFAC
DM -26, U.S. Department of Navy; Shore Protection Manual, U.S. Department of the
Army Corps of Engineers; U.S. Department of the Army Corps of Engineers; U.S.
Department of the Army Coastal Engineering Research Center Technical Papers and
Reports; the Technical and Design Memoranda of the Division of Beaches and Shores,
Florida Department of Natural Resources; or other professionally recognized meth-
odologies which produce equivalent design criteria.
(2) Breaking, broken and nonbreaking waves shall be considered as applicable. Design
wave loading analysis shall consider vertical uplift pressures and all lateral pres-
sures to include impact as well as dynamic loading and the harmonic intensification
resulting from repetitive waves.
(f) Hydrostatic loads. Calculations for hydrostatic loads shall consider the maximum
water pressure resulting from a fully peaked, breaking wave superimposed upon the design
storm surge with dynamic wave setup. Both free and hydrostatic loads shall be considered.
Hydrostatic loads which are confined shall be determined using the maximum elevation to
which the confined water would freely rise if unconfined. Vertical hydrostatic loads shall be
considered both vertically downward and upward on horizontal or inclined surfaces of major
structures (e.g., floors, slabs, roofs, walls). Lateral hydrostatic loads shall be considered as
forces acting horizontally above and below grade on vertical or inclined surfaces. Hydrostatic
loads on irregular or curved geometric surfaces shall be determined by considering the
separate vertical and horizontal components acting simultaneously under the distribution of
the hydrostatic pressures.
(g) Hydrodynamic loads. Hydrodynamic loads shall consider the maximum water pres-
sures resulting from the motion of the water mass associated with the design storm. Full
intensity loading shall be applied on all structural surfaces above the design grade which
would affect the flow velocities.
Supp. No. 5
410.4
BUILDINGS AND BUILDING REGULATIONS
§ 6-23
(h) Design conditions in general.
(1) Foundations for all major structures shall be designed for the horizontal and vertical
pressures generated by wave forces between the elevation of the design breaking
wave crests or wave uprush superimposed upon the storm surge and the stable soil
elevation of the site.
(2) All major structures, except mobile homes, shall be designed to withstand one hun-
dred forty (140) mph windspeeds. Horizontal wind velocity pressures shall not be less
than the values given below:
Basic Wind Velocity Design Pressure
(Pounds per Square Foot)
Standard Building Code
Height Pressure
(ft.) (Psfl
0— 30 41
31— 50 54
51— 100 65
101— 200 79
201— 300 92
301— 400 101
401— 500 109
501— 800 121
801-1000 133
over 1000 137
Note: The above table is based upon the formula:
P = .00256 x V2 x (H/30)2", where: P = pressure in pounds/square foot
V =140 mph
H = height above grade in feet
(3) Appropriate shape factors shall be applied for resistance against overturning and
uplift as required elsewhere in this Code. Internal pressures on internal walls,
ceilings and floors resulting from damaged windows or doors shall also be considered
in the design unless the specified windows and doors have been tested by an approved
testing agency and have been shown to be capable of withstanding the design pres-
sures required herein.
(4) Mobile homes shall conform to the Federal Mobile Home Construction and Safety
Standards of the Uniform Standards Code ANSI book A-119.1, pursuant to Section
320.823, Florida Statutes, in addition to the other requirements contained in this
chapter.
(Ord. No. 25-86-17, § 1, 2-24-86)
Supp. No. 5
410.5
§ 6-24 ATLANTIC BEACH CODE
Sec. 6-24. Same—Nonhabitable major structures.
Nonhabitable major structures need not meet the specific structural requirements of
section 6-23, except that they shall be designed to produce the minimum adverse impact on
the beach and dune system and shall comply with the applicable standards of construction
found elsewhere in this code. All sewage treatment and public water supply systems shall be
flood -proofed to prevent infiltration of surface water anticipated under design storm condi-
tions. Underground utilities, excluding pad transformers and vaults, shall be flood -proofed to
prevent infiltration of surface water expected under design storm conditions or shall other-
wise be designed to function when submerged under such storm conditions.
(Ord. No. 25-86-17, § 1, 2-24-86)
Sec. •6-25_ .Same—Minor structures.
Minor structures need not meet the specific structural requirements of section 6-23 except
they shall be designed to produce the minimum adverse impact on the beach and dune system
and shall comply with the applicable standards of construction found elsewhere in this Code.
(Ord. No 2 2 3n
U. 25-3G-17, § 1, G-L.4-dV)
Sec. 6-26. Same—Location.
Construction, except for elevated walkways, lifeguard support stands, piers, beach access
ramps, gazebos, and coastal or shore protection structures, shall be located a sufficient
distance landward of the beach to permit natural shoreline fluctuations and to preserve dune
stability. Construction, including excavation, may occur to the extent that the natural storm
buffering and protection capability of the dune is not diminished.
(Ord. No. 25-86-17, § 1, 2-24-86)
Sec. 6-27. Same—Public access.
Where the public has established an accessway through private lands to lands seaward of
mean high tide or water line by prescription, prescriptive easement, or any other legal means,
development or construction shall not interfere with such right of access unless a comparable
alternative accessway is provided. The developer shall have the right to improve, consolidate,
or relocate such public accessways so long as they are:
(1) Of substantially similar quality and convenience to the public;
(2) Approved by the local government; and
(3) Consistent with the coastal management element of the local comprehensive plan
adopted pursuant to Section 163.3178, Florida Statutes.
(Ord. No. 25-86-17, § 1, 2-24-86)
Sec. 6-28. References.
Assistance in determining the design parameters and methodologies necessary to comply
with the requirements of this article may be obtained from:
Supp. No. 5
410.6
BUILDINGS AND BUILDING REGULATIONS
§ 6-32
(1) Shore Protection Manual, U.S. Army Corps of Engineers, 4th edition, 1984.
(2) U.S. Department of the Army, Coastal Engineering Research Center's Technical
Papers and Reports.
(3) Florida Department of Natural Resources, Division of Beaches and Shores Technical
and Design Memoranda.
(4) Naval Facilities Engineering Command Design Manual, NAVFAC DM -26, U.S. De-
partment of the Navy.
(Ord. No. 25-86-17, § 1, 2-24-86)
Secs. 6-29, 6-30. Reserved.
ARTICLE II1. ELECTRICAL CODE*
Sec. 6-31. Standards for materials, installations, etc.
(a) All electrical construction and all materials and appliances used in connection with
the installation, maintenance and operation of electrical wiring, apparatus or equipment for
light, heat or power within the city shall conform to such rules and regulations as may be
embodied in this chapter or as may be adopted in this article and shall conform with approved
methods of construction for safety to life or property. The regulations set out in the National
Electrical Code, 1984 edition, as approved by the National Fire Protection Association, and in
the National Electrical Safety Code, 1984 edition, as approved by the American National
Standards Institutes, and other installations and safety regulations approved by the Ameri-
can National Standards Institute, shall be prima facie evidence of the approved methods.
(b) The National Electrical Code, as referred to in this section, is hereby adopted as the
minimum requirements for all electrical construction and all materials and appliances used
in connection with the installation, maintenance and operation of electrical wiring, apparatus
or equipment for light, heat or power within the city.
Sec. 6-32. Certificate of competency.
(a) Every master or journeyman electrician, before carrying on his trade or business in
this city, shall present to the city clerk a certificate as to his competency issued by the state or
the board of examiners of electricians of the City of Jacksonville or the City of Jacksonville
Beach.
(b) It shall be unlawful for any person, not a certified electrician in accordance with the
provisions of this section, to do any electrical construction or make any repairs, alterations,
additions or changes to any existing system of electrical wiring, apparatus or equipment for
light, heat or power within the city.
(Code 1970, § 7-4)
*Cross reference—Electric signs, § 17-12.
State law reference—Electrical code, F.S. § 553.15 et seq.
Supp. No. 5
41x.7
§ 6-33 ATLANTIC BEACH CODE
Sec. 6-33. Improper use of name of licensed master electricians..
No licensed master electrician shall allow his name to be improperly used by any person,
directly or indirectly, either for the purpose of obtaining a permit or to do any work under his
license. When the master electrician is permanently employed, he shall not allow his name to
be used for the aforesaid purposes or either of them by any person whatsoever, other than his
regular employer.
(Code 1970, § 7-5)
Sec. 6-34. Employing only certified electricians by master electricians; exception.
No master electrician shall employ any person on any job in the capacity of an electrician
without that person being in possession of a certificate of competency as provided for in
section 6-32; provided, that nothing in this article shall be construed to prohibit the working
of helpers or apprentices on any job of electrical construction when the work of the helpers or
apprentices is performed under the personal supervision of a certified electrician.
(Code 1970, § 7-6)
Sec. 6-35. Electrical permits required; to whom issued.
(a) A permit is required to do any electrical construction of any character, install any
electrical wiring, apparatus or equipment or make any extensions or changes to existing
systems of wiring of light, heat or power within the city, except the repairing of damaged or
broken fixtures, apparatus or equipment and the ordinary work necessary for the proper
maintenance of same.
(b) Permits to do electrical work will be issued to master electricians who are duly
qualified under the provisions of this article to engage in the trade or business of electrical
construction in the city.
(Code 1970, § 7-7)
Sec. 6-36. Electrical inspections—By electrical inspector.
All electrical inspections in this city shall be made by the building official of this city or
his designated agent, referred to in this article as the city electrical inspector.
(Code 1970, § 7-8)
Sec. 6-37. Same—Fees.
No permit shall be granted for any electrical installation within the limits of the city
until after inspection fees have been paid. Such inspection fees are hereby fixed in the
following schedule. For all electrical construction requiring a permit there shall be paid by
the party obtaining a permit therefor the following inspection fees to be collected by the city
clerk:
(1) For issuing each permit $ 10.00
(2) New single-family residential occupancy:
0-100 amp service 25.00
101-150 amp service 30.00
Supp. No. 5
410.8
Chapter 14
PLANNING/ZONING/APPEALS*
Art. I. In General, §§ 144-14-15
Art. II. Community Development Board, §§ 14-16-14-28
ARTICLE I. IN GENERAL
Sec. 144. Comprehensive plan.
(a) The comprehensive plan of the City of Atlantic Beach, entitled "City of Atlantic
Beach Comprehensive Plan," is incorporated herein by reference, including the Comprehen-
sive Plan Land Use Element Map, which is an integral part of the plan, is hereby adopted for
the area of jurisdiction of the City pursuant to the Local Government Comprehensive Plan-
ning Act of 1975, and the Growth Management Act of 1986.
(b) Not less than one (1) copy of the comprehensive plan, and any subsequent amend-
ments thereto, shall be maintained for public inspection in the office of the city clerk, and not
less than one (1) additional copy each and any subsequent amendments thereto, shall be
maintained for public inspection in the office of the city manager and the office of the
community development director.
(Ord. No. 47-86-3, § 2, 1-26-87)
Secs. 14-2-14-15. Reserved.
ARTICLE II. COMMUNITY DEVELOPMENT BOARDt
Sec. 14-16. Created.
There is hereby created a community development board.
(Ord. No. 47-86-3, § 2, 1-26-87)
*Editor's note—Ord. No. 47-86-3, § 1, adopted January 26, 1987, repealed former Ch. 14,
§§ 14-1, 14-16-14-22, in its entirety. The aforesaid sections were concerned with planning, and
derived from the Code of 1970; Ord. No. 95-81-23, §§ 1, 2, adopted June 26, 1981; Ord. No.
95-85-27, § 1, adopted December 9, 1985; and Ord. No. 95-86-31, § 1, adopted December 8,
1986. Section 2 of Ord. No. 47-86-3 enacted new provisions as set out herein.
Cross references—Administration, Ch. 2; buildings and building regulations, Ch. 6;
flood hazard districts, Ch. 8; mobile homes and recreational vehicles, Ch. 10; signs and
advertising structures, Ch. 17; streets, sidewalks and other public places, Ch. 19; utilities, Ch.
22; zoning and subdivision regulations, Ch. 24.
State law references—State comprehensive planning, F.S. § 23.011 et seq.; Local Gov-
ernment Comprehensive Planning Act, F.S. § 163.3161 et seq.
tCross references—Administration, Ch. 2; boards and commissions generally, § 2-131 et
seq.
Supp. No. 5
839
§ 14-17 ATLANTIC BEACH CODE
Sec. 14-17. Composition; qualifications of members; officers.
The community development board shall consist of seven (7) members appointed by the
city commission, none of whom shall hold any other public office or position in the city, all of
whom shall be bonafide residents of the city, and where practical, each shall possess some
special skill or knowledge which would assist them in the discharge of their responsibilities
under this article. The community development board shall elect its chairman and vice
chairman from among the appointed members. The community development director shall act
as secretary to the board under the direction of the city manager.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-18. Terms of office of members; filling of vacancies.
Initial appointments to the community development board shall be as follows: Two (2)
members for one year, two (2) members for two (2) years, two (2) members for three (3) years,
and one member for four (4) years. Following the initial appointments, the term of the
appointed members of the community development board shall be for four (4) years; except,
that the first members appointed shall serve staggered terms as provided. All terms shall
expire on December 31 of the proper year. Any vacancy during the unexpired term of an
appointed member shall be filled by the city commission for the remainder of the term.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-19. Removal of members.
Any member of the community development board may be removed for cause by the city
commission upon written charges and after public hearing.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-20. Powers and duties.
The community development board shall have the power, duty, responsibility and author-
ity to:
(1) Make recommendations to the city commission for the physical, fiscal and esthetic
development of the city;
(2) Exercise supervisory control over planning and land use within the city, following
the standards established by the city commission pertaining to such planning or land
use regulation as contained in the Ordinance Code of the City of Atlantic Beach,
Florida;
(3) Recommend to the city commission proposed changes in the land use regulation map
of the city;
(4) Recommend to the city commission proposed changes in the land use regulations of
the code;
(5) Submit to the city commission their recommendations covering all applications for
changes in the provisions of the land use regulations of the city referred to them by
the city commission;
Supp. No. 5
840
PLANNING/ZONING/APPEALS § 14-21
(6) Submit annually to the city manager, not less than one hundred and twenty (120)
days prior to the beginning of the budget year, a list of recommended capital im-
provements which in the opinion of the board, are necessary or desirable to be
constructed. The list shall be arranged in order of preference, with recommendations
as to which project shall be constructed in which year, and shall include sources of
revenue;
(7) Promote public interest in and understanding of the planning, zoning and beautifica-
tion of the city;
(8) Meet on a regularly scheduled day each month, and periodically on call, and keep a
public record of all its meetings, resolutions, findings and determinations;
(9) Require information from other departments of the city government in relation to its
work, which information shall be furnished to them within a reasonable time;
(10) Request additional assistance for special survey work of the city manager, who may,
at his discretion, assign to the board members of the staff of any administrative
department or direct such department to make a special study requested by the
board;
(11) Recommend to the city commission plans for the planning, replanning, improvement
or redevelopment of the city;
(12) Recommend to the city commission plans for the replanning, reconstruction or rede-
velopment of any area or district which may be destroyed in whole or in part or
seriously damaged by fire, earthquake, flood or other disaster;
(13) Request the city manager to provide for the employment of sufficient personnel to
enable the board to carry out its powers, duties and responsibilities;
(14) To act as a zoning board and to make recommendations to the city commission on
zoning applications and applications for exceptions filed in accordance with the land
development regulations of the Comprehensive Zoning Code of the City of Atlantic
Beach, Florida;
(15) To act as an appeals board or board of adjustment to authorize upon findings of fact
minor variances from the terms of Chapter 24, the Comprehensive Zoning Ordinance
of the City of Atlantic Beach, as will not be contrary to the public interest and, where
owing to special conditions, not self-imposed or self-created, literal enforcement of the
provisions of said Chapter 24 would result in unnecessary hardship.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-21. Certification of board actions to the city manager.
All plans or recommendations of the community development board, in order to be
accorded official cognizance by the city commission, must be certified to the city commission
through the office of the city manager by the chairman of the community development board
as the official act of the board, duly passed by a majority vote of the board as distinguished
Supp. No. 5
841
§ 14-21 ATLANTIC BEACH CODE
from the personal views or desires of any single member or group of members of the board.
Such certification shall be attested to by the appropriate administrative official. This provi-
sion is not intended as prohibiting the board from submitting alternate plans or recommenda-
tions or of submitting minority plans or recommendations in certain cases when so approved
by a majority vote of the board to be also certified to the city commission for consideration.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-22. Local planning agency.
The community development board is hereby designated as the local planning agency and
the local land development regulation commission as set forth in Part 2 of Chapter 163.3164,
Florida Statutes as from time to time amended.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-23. Proceedings of the board.
Four (4) members of the community development board shall constitute a quorum but a
less n»mher may adjourn from time to time until a quorum is present. The board shall adopt
rules as may be required for the proper conduct of its business. Meetings of the board shall be
held at the call of the chairman and at such times as the board may determine. Such
chairman, or in his absence, the acting chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the board shall be open to the public. The board shall
keep minutes of the proceedings, showing the vote of each member upon each question, or, if
absent or failing to vote, indicating such fact, and shall keep records of its examinations and
other official actions, all of which shall be immediately filed in the office of the board and shall
become a public record.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-24. Appeals.
Appeals from decisions of the community development board may be taken by any person
or persons, jointly or separately, or any taxpayer or any officer of the city. Such appeals shall
be taken within thirty (30) days after the decision of the board on which the appeal is based.
The appeal shall be filed with the community development director on behalf of the commu-
nity development board and with the city manager for forwarding to the city commission. The
appeal shall state the grounds thereof and relief sought.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-25. Petition of illegality.
Petition may be presented to court of record within thirty (30) days after filing of decision
of city commission, setting forth illegality.
Any person or persons, jointly or separately, aggrieved by any decision of the city com-
mission rendered as a result of an appeal filed in accordance with the provisions of section
14-24 herein may present the court of record a petition, duly verified, setting forth that such
Supp. No. 5
842
PLANNING/ZONING/APPEALS
§ 14-28
decision is illegal in whole or in part, and specifying the grounds of the illegality. Such
petition shall be presented to the court within thirty (30) days after the filing of the decision of
the city commission.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-26. Cost.
Costs shall not be allowed against the city commission unless it shall appear to the court
that it acted with gross negligence, or in bad faith, or with malice in making the decision
appealed from.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-27. Enforcement; penalties for violation.
The city commission may provide by ordinance for the enforcement of this chapter and of
any ordinance or regulation made thereunder, and may provide for the punishment of any
violation therein by fine or imprisonment or both, and also may provide civil penalties for said
violation.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-28. Legal proceedings.
Legal proceedings may be instituted in addition to other remedies provided for violation
of this chapter.
In case any building or structure if erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or any building, structure, land or water is used in violation of this
chapter or of any ordinance or other regulation made under authority conferred herein, the
proper local authorities or the city commission, in addition to other remedies, may institute
appropriate action or proceedings to prevent such unlawful erection, construction, reconstruc-
tion, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure, land or water, or to prevent any
illegal act, conduct, business, or use in or about such premises.
(Ord. No. 47-86-3, § 2, 1-26-87)
Supp. No. 5 [The next page is 891]
843
TAXATION § 20-59
JUNKYARDS/AUTO SALVAGE YARD $200.00
L
LANDSCAPING (see contractors)
LAUNDRY:
(1) Launderette, self-service 37.50
(2) Steam laundry plant/branch, includes right to solicit with truck, in-
cluding dry cleaning 52.50
(3) Laundry agent, including right to solicit house 30.00
LINEN SUPPLY, rental of linens, etc 3010.0,
LOAN COMPANY 200.00
LUMBER DEALERS, retail sales (not to include hardware) 32.50
LUMBER YARDS ............. • • - • • • 37.50
M
MOTELS AND ROOMING HOUSES, per rental unit (see also hotels) 5.60
Fifteen or more sleeping facilities. State license prerequisite, minimum
$5.60.
MOTION PICTURE ESTABLISHMENT 45.00
MOTOR VEHICLES FOR HIRE:
(1) Each bus under 4000 pounds 30.00
(2) Each bus over 4000 pounds 75.00
(3) First taxicab or cruising cab 22.50
(4) Each additional taxicab or cruising cab 7.50
AUTO RENTALS OR U -DRIVE -IT COMPANIES, each company 165.00
TRUCKS:
(1) First truck 56.00
(2) Each additional truck 12.00
MUSIC SHOP, (including records, instruments, etc.) 15.00
NEWSPAPERS:
(1) Publishing
(2) Branch office
Supp. No. 5
N
1171
120.00
72.00
§ 20-59 ATLANTIC BEACH CODE
NEWSPAPERS, MAGAZINES, PERIODICAL STAND $ 15.00
NURSERY, PLANT, WHOLESALE AND RETAIL ' 37.50
0
OFFICE SUPPLY AND EQUIPMENT, wholesale and retail 37.50
OIL AND GASOLINE DEALERS, wholesale and retail • 75.00
OPTICIANS, each registered optician's professional corporation
Each registered optician
72.00
30.00
P
PARKING LOTS 37.50
PET GROOMING 37.50
PET SHOPS OR KENNELS 37.50
PHOTOGRAPHERS ANT) 1)FVFT,OPFRR estavgi hca p a of 7 �„
u rl..,.,, o. uu���oss 3 r .��
PHOTOGRAPHERS, itinerant, not having permanent place of business 37.50
PHYSICIANS: Surgeons, chiropractors, osteopaths, chiropodists, pediatrician,
psychiatrist, naturopath, dentist, veterinarians, ophthalmologists and other
persons otherwise engaged in the occupation or profession of treating by
medical means the ailment of man or beast.
(1) Each physician's professional corporation 72.00
(2) Each physician 30.00
PLUMBING SUPPLIES, retail 15.00
POOL TABLES (see billiards)
POPCORN AND/OR PEANUT SHOP 37.50
PRINTERS AND LITHOGRAPHERS 37.50
PRO SHOP, golf and tennis 37.50
R
RADIO, TELEVISION AND ELECTRONIC SHOP, (including sales and repairs) . 37.50
REPAIRMEN AND REPAIR SHOPS, (repairing household furnishings or house-
hold appliances) 37.50
ROOMS, ROOMING HOUSES (see motels, rooming houses)
S
SAVINGS AND LOAN ASSOCIATION OR INSTITUTIONS 200.00
Supp. No. 5
1172
TAXATION § 20-59
SCHOOLS:
(1) Private, including dancing, nursery, and kindergarten $ 15.00
Cross reference—Nursery
(2) Trade or profession 37.50
SECONDHAND MERCHANDISE, store or dealer 15.00
SEED STORE, retail 15.00
SERVICE STATION, see auto
SHOE REPAIR SHOP 30.00
SHOES, retail 37.50
STOCKS AND BONDS BROKER, see brokers"
STORAGE WAREHOUSE OR ROOMS 37.50
SURF SHOP 37.50
TAXICABS, (see motor vehicles)
TELEPHONE COMPANY, subject to franchise:
(1) . First 1,000 phones or instruments or fraction thereof, per phone or
instrument operated or installed .075
(2) Second 1,000 phones or instruments or fraction thereof, over 1,000, per
phone or instrument operated or installed .06
(3) All over 2,000 phones or instruments, per phone or instrument oper-
ated or installed .045
TRAILER PARK OR TOURIST CAMP:
1 to 10 trailer spaces 37.50
10 to 20 trailer spaces 52.50
20 or more trailer spaces 75.00
TRAVEL BUREAUS 40.00
TREE SURGEONS, (including tree trimmers) 37.50
TRUCK TRANSFER:
(1) Established place of business 37.50
(2) No established place of business, per truck 15.00
U
UPHOLSTERY SHOPS 37.50
Supp. No. 5
1173
§ 20-59 ATLANTIC BEACH CODE
W
WATCH REPAIR, service and sales $ 37.50
WATER SOFTENER 37.50
WELDING SHOP 37.50
ANY BUSINESS, PROFESSION OR OCCUPATION NOT CLASSIFIED HERE-
IN, MINIMUM FEE 37.50
(Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-86-7, §
1, 1-12-87)
Secs. 20-60-20-75. Reserved.
ARTICLE IV. INSURANCE PREMIUM TAXES
Sc64.,. diu-rv._ vaaa. a1Iy xamncf.
There is hereby assessed, imposed and levied on every insurance company, corporation or
other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on
the business of insuring with respect to casualty risks, as shown by the records of the
insurance commissioner of the state, an excise or license tax in addition to any license tax or
excise tax now levied by the city, which tax shall be in the amount of one (1) percent of the
gross amount of receipts of premiums from policyholders on all premiums collected on casu-
alty insurance policies, covering property within the corporate limits of the city.
(Ord. No. 45-80-4, 9-8-80)
State law reference—Authority for this section, F.S. § 185.08.
Sec. 20-77. Property insurance.
There is hereby assessed, imposed and levied on every insurance company, corporation or
other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on
the business of property insurance, as shown by the records of the insurance commissioner of
the state, an excise or license tax in addition to any license tax or excise tax now levied by the
city, which tax shall be in the amount of two (2) percent of the gross amount of receipts of
premiums from policyholders on all premiums collected on property insurance policies cover-
ing property within the corporate limits of the city.
(Ord. No. 45-80-4, 9-8-80)
State law reference—State law reference—Authority for this section, F.S. § 175.101.
Sec. 20-78. Payment date.
The license or excise taxes levied in section 20-76 or 20-77 shall be due and pa .°,ble
annually on the first day of March of each year.
(Ord. No. 45-80-4, 9-8-80)
Supg. No. 5
1174
[The next page is 1221]
TRAFFIC AND MOTOR VEHICLES § 21-37
(2) When any vehicle is left unattended at any place where official signs prohibit park-
ing, stopping or standing;
(3) When any vehicle is left unattended upon any street or right-of-way for a period of
time longer than seventy-two (72) hours;
(4) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to
traffic, or the person in charge of the vehicle is, by reason of physical injury or
condition, incapacitated to such an extent as to be unable to provide for its custody or
removal;
(5) When any vehicle is left unattended upon a street or alley and is so parked illegally,
or the vehicle constitutes an obstruction to normal movement of traffic.
(Ord. No. 75-82-3, § 10, 4-12-82)
Sec. 21-26. Same—Towage and storage charges.
Any and all towage and storage charges reasonably due the operator of the garage or
place where the vehicle removed under provisions of this article is stored shall constitute a
lien against the vehicle. The operator of the garage or other place the vehicle is stored is
hereby authorized to hold the vehicle until the towage and storage costs are paid by the owner
of the vehicle, or, in his behalf, the operator; provided, that in no event shall the city or any
officer; employee or department of the city be liable for the charges and costs by reason of
their enforcement of this section.
(Ord. No. 75-82-3, § 11, 4-12-82)
Secs. 21-27-21-35. Reserved.
DIVISION 2. ENFORCEMENT
Sec. 21-36. Issuance of citations.
The director of public safety shall have exclusive control of and shall have printed
uniform traffic citations which shall be prenumbered and which shall be issued to the public
safety officers. It shall be the duty of the public safety officers to check on parking locations for
indications of illegal parking and to give the notice of the violation of parking ordinances
regulating the parking of vehicles in any street block of the city. Notice of violation of a
parking ordinance by public safety officers shall be given by leaving a citation specifying the
violation with the registered owner or operator of the vehicle or by attaching the citation to
the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by
the public safety officer, with his signature affixed thereto, at the close of each day's work,
with the director of public safety.
(Code 1970, § 11-3; Ord. No. 57-79-8, § 11.30, 6-11-79)
Sec. 21-37. Form of citations.
Citations for violation of parking ordinances shall:
(1) Be in writing and in the name of the city;
Supp. No. 5
1225
§ 21-37 ATLANTIC BEACH CODE
(2) Set forth substantially the nature of the offense and the number of the ordinance
being violated;
(3) State the date and time delivered;
(4) Specify the license tag number of the vehicle causing the violation as well as the
person cited if delivered in person;
(5) Command the owner or operator of the vehicle causing the violation to pay to the
director of the public safety department the applicable fine as established by section
21-38;
(6) Be signed by the person issuing them.
(Code 1970, § 11-5)
Sec. 21-38. Schedule of fines.
There is established the following schedule of fines to be assessed in rasps of narking
violations occurring in the city:
(1) Parking in prohibited area $ 15.00
(2) Parking at fire hydrant 15.00
(3) Improper parking 15.00
(4) Parking double 15.00
(5) Obstructing traffic 15.00
(6) Obstructing driveway 15.00
(7) Illegal parking in space reserved for handicapped 50.00
(Code 1970, § 11-4; Ord. No. 57-84-10, 4-9-84; Ord. No. 75-86-5, § 1, 5-27-86)
Sec. 21-39. Payment of parking fines.
(a) The director of public safety is authorized to accept payment of a parking fine as
specified on the parking citation and in accordance with the schedule of fines at any time
before a summons is issued with respect thereto, in person at his office or by mail. The
voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty
to the offense charged and waiver of the right to a trial for purposes of this chapter.
(b) There is imposed on each person charged with violation of a parking ordinance who
fails to pay the parking fine within seven (7) days an additional cost of two dollars ($2.00). If
the director of public safety has not received payment of a parking fine within seven (7) days
after the delivery of the citation or if the violator has paid by U.S. mail, and his payment is
Supp. No. 5
1226
TRAFFIC AND MOTOR VEHICLES § 21-41
not postmarked within seven (7) days after delivery of the citation, the director of public safety
shall give written notice to the person in whose name the license tag on the vehicle is
registered, as the case may be, by U.S. mail at his last known address, that a summons will be
issued unless the parking fine and two dollars ($2.00) additional cost is paid within thirty (30)
days from the date of the violation.
(c) The director of public safety shall have the discretion of relieving the person named in
the citation of paying the additional two dollars ($2.00) cost upon good cause being shown and
documented by the director of public safety.
(d) If the mailed notice cannot be delivered to the person named in the citation or if there
is not available to the director of public safety sufficient or available local information on
out -of -county and out-of-state vehicles, the director of public safety shall, after diligent effort
to locate the person, make the citation uncollectible and permanently file same.
(e) If the director of public safety has not received voluntary payment of a parking fine
within the above thirty -day period, or if paid by mail, not postmarked within thirty (30) days
of the date of the original citation, he shall, based on the original citation, certify to the state
attorney by affidavit the nonpayment of the parking fine within the thirty -day period, who
shall cause to have issued a summons commanding the person named in the citation or the
person in whose name the license tag on the vehicle is registered, as the case may be, to
appear before the county court at a designated place not less than seventy-two (72) hours after
the delivery of the summons, unless another time and place is ordered by the court. For the
purposes of prosecution in the county court, the issuance of the summons shall constitute a
docket entry.
(Code 1970, § 11-6)
Sec. 21-40. Disposition of money collected as fines.
All fines and costs collected in accordance with the terms of this division shall be paid
forthwith to the director of finance in a manner prescribed by the director of finance.
(Code 1970, § 11-8)
Sec. 21-41. Presumption of motor vehicle ownership.
For purposes of violation of a parking ordinance of the city, the specification of a motor
vehicle license tag number on a citation for such violation, by an officer charged with
enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the
person in whose name the license tag is registered in the office of the appropriate agency of
the state issuing the license tag.
(Code 1970, § 11-7)
Supp. No. 5
1227
[The next page is 1277]
UTILITIES § 22-25
Sec. 22-22. Fee to reestablish service after cutoff.
If water service is turned off, either because of delinquency or upon the request of the
consumer, for any purpose, a cut -on fee of fifteen dollars ($15.00) shall be charged and paid
when water is turned on. A late fee of five dollars ($5.00) will be charged if an account is not
paid within thirty (30) days of the billing period.
(Code 1970,, § 27-6; Ord. No. 80-85-25, § 1, 3-11-85; Ord. No. 5-85-15, § 2, 1-13-86)
Sec. 22-23. Testing of meters; liability for cost of testing; adjustment of bills.
Upon written request of a consumer, the meter will be tested by the city. The city will
require a deposit to defray cost of testing. Such deposit shall not exceed the following schedule
of fees:
Meter Size Fee
(inches)
5/8 by % $ 10.00
1 and 11/2 12.50
2 15.00
Above 2 Actual cost
If the meter, when tested, is found to be not more than two (2) percent fast, the deposit shall be
forfeited to the city as a service charge for conducting the test; otherwise, the expense of the
test will be borne by the city and billing adjustments for a period not to exceed six (6) months
will be made.
The city at any time, without charge, will make a field test of the accuracy of the water
meter in use at the customer's premises provided the meter has not been tested within the
past six (6) months.
(Code 1970, § 27-7; Ord. No. 80-86-33, § 1, 11-24-86)
Sec. 22-24. Liability of consumer for charges; no allowance to be made for vacant
houses unless water shut off.
Liability for service shall begin on the day the consumer is connected to the city water
main and shall continue thereafter until the service is disconnected for nonpayment or for
other cause, after written notice is given the city by the consumer of his desire to terminate
the service. No allowance will be made for vacant houses unless a request in writing to have
the water shut off is received by the city, nor will any allowance be made for any shut-off
period less than thirty (30) days.
(Code 1970, § 27-8)
Sec. 22-25. Basis for billing if meter fails to register.
If any meter on a consumer's premises is destroyed by fire or other causes or fails to
register, the consumer will be billed for the period involved on a basis of previous consumption.
(Code 1970, § 27-9)
Supp. No. 5
1279
§ 22-26 ATLANTIC BEACH CODE
Sec. 22-26. Determination of type of service for each consumer.
The city manager, or some person designated by him, shall have the authority to deter-
mine what type of service shall be rendered by the city to each consumer.
(Code 1970, § 27-10)
Sec. 22-27. Property owner responsible to city for water charges.
The property owner shall at all times be responsible to the city for its proper charges for
water service.
(Code 1970, § 27-11)
Sec. 22-28. Charges for water service.
The reasonable rates, rentals, fees and other charges for the use of the services and
facilities of the city waterworks system are hereby found and determined to be and are hereby
fixed and established as follows:
(1) Casiomers within city:
a. Single units. The minimum bill for a single unit shall be for fifteen thousand
(15,000) gallons of water, and shall be nine dollars ($9.00) per quarter. All water
used in excess of fifteen thousand (15,000) gallons shall be charged at the rate of
forty-five cents ($0.45) per one thousand (1,000) gallons.
b. Multiple units. For multiple units served through the same meter, the rates and
minimums shall be in accordance with the following scale. All excess gallonage
shall be charged for at the same rate as provided for single units above.
Minimum bill
Units Gallons per quarter
2 22,500 $13.50
3 30,000 18.00
4 37,500 22.50
5 45,000 27.00
6 52,500 31.50
7 60,000 36.00
For each additional unit over 7 there will be a minimum charge of $3.75 for 6,250
gallons per unit.
(2) Customers outside the city: The rates applicable to customers outside of the city shall
be one and one-half (11/2) times the above rate applicable to customers inside the city.
(Code 1970, § 27-12; Ord. No. 80-81-20, 9-28-81; Ord. No. 80-85-27, § 1, 4-8-85)
Sec. 22-29. Billing dates; failure to receive bill; when bills become delinquent; dis-
connection of service for failure to pay bill.
Bills for minimum and excess water will be rendered at regular intervals, but the
rendering of bills is not an obligation on the part of the city, and failure of the consumer to
Supp. No. 5
1280
UTILITIES § 22-30
receive the bill shall not release or diminish the obligation of the consumer with respect to
payment thereof, or relieve the consumer of any obligation under this chapter. The bills for
service shall be due and payable on the date of billing and shall become delinquent thirty (30)
days thereafter. The director of finance shall order the immediate disconnection of all delin-
quent services, and service shall not be restored until the delinquent bill and a service charge
of five dollars ($5.00) is paid.
(Code 1970, § 27-13)
Sec. 22-30. Private fire protection service.
Fire protection service charges shall be billed annually in advance. Fire protection
service, either private hydrants or sprinkler systems, shall be installed from the main inward
at the expense of the consumer. All such installations shall be made in strict accordance with
Supp. No. 5
1280.1
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. 5
1295
§ 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 (%) inch by three-
fourths (3/4) inch water meter.
The quarterly base charge is levied as follows:
Single-family residential
Multifamily residential
Mobile home
Travel trailers
Hotel/motel
with kitchen
Master -metered commercial
Restaurants, laundries, and car wash connections
$37.60 per account
0.75 x $37.60 per unit
0.75 x $37.60 per unit
0.60 x $37.60 per site
0.50 x $37.60 per unit
0.60 x $37.60 per unit
$37.60 per unit
. $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 ippon meter size
as follows:
Meter Size
(in inches)
ERC Factor
Inside Outside
5/8 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 ERU 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. 5
1296
UTILITIES § 22-168
Commercial $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)
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
(2) Restaurants, laundries and car wash
connections
(3) All other classifications
$0.39 per 1,000 gallons of actual water con-
sumption
$1.50 per 1,000 gallons of actual water con-
sumption
$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)
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)
Supp. No. 5
1296.1
Chapter 24
ZONING AND SUBDIVISION REGULATIONS*
Art. I. In General, §§ 24-1-24-15
Art. II. Language and Definitions, §§ 24-16-24-30
Art. III. Zoning Regulations, §§ 24-31-24-185
Div. 1. Generally, §§ 24-31-24-45
Div. 2. Administration, §§ 24-46-24-60
Div. 3. Application Procedure, §§ 24-61-24-80
Div. 4. General Provisions and Exceptions, §§ 24-81-24-100
Div. 5. Establishment of Districts, §§ 24-101-24-125
Div. 6. Planned Unit Development (PUD), §§ 24-126-24-150
Div. 7. Supplementary Regulations, §§ 24-151-24-185
Art. IV. Subdivision Regulations, H§ 24-186-24-258
Div. 1. Generally, §§ 24-186-24-200
Div. 2. Application Procedure, §§ 24-201-24-220
Div. 3. Required Improvements, §§ 24-221-24-230
Div. 4. Assurance for Completion and Maintenance of Improvements, §§ 24-231-
24-250
Div. 5. Design and Construction Standards, §§ 24-251-24-258
ARTICLE I. IN GENERAL
Sec. 24-1. Adoption; authority.
This chapter, together with all future amendments thereto, is adopted under the terms
granted by the Charter. The city commission does hereby exercise the power to classify land
within the jurisdiction of the city into zoning districts; to review, approve and/or disapprove
requests to change zoning classifications, requests for exceptional uses, and requests for
variances; to hear appeals on any decisions; and to review and approve and disapprove plats
for subdivision of land.
(Ord. No. 90-82-74, § 2(I, B), 7-26-82)
Sec. 24-2. Purpose and intent.
The purpose of this chapter and the districts and regulations herein set forth is to provide
for orderly growth; to encourage the most appropriate use of land; to protect and conserve the
value of property; to prevent the overcrowding of land; to promote, protect and improve the
*Cross references—Any ordinance amending the zoning map saved from repeal, §
1-5(9); buildings and building regulations, Ch. 6; flood hazard districts, Ch. 8; mobile homes
and recreational vehicles, Ch. 10; planning/zoning appeals, Ch. 14; signs and advertising
structures, Ch. 17; streets, sidewalks and other public places, Ch. 19.
State law reference—Local Government Comprehensive Planning Act, F.S. § 163.3161
et seq.
Supp. No. 5
1403
§ 24-2 ATLANTIC BEACH CODE
health, safety, comfort, good order, appearance, convenience, morals and general welfare of
the public; and to help accomplish the goals and objectives of the comprehensive plan.
Further:
(1) In interpreting and applying the provisions of this chapter, these provisions shall be
held to be the minimum requirements for the promotion of the health, safety, morals
and general welfare of the community.
(2) It is not intended by this chapter to interfere with or abrogate or annul any ease-
ments, covenants or other agreements between parties. Where any provision of this
chapter imposes restrictions different from those imposed by any other provision of
this chapter, or any other ordinance, rule or regulation, or other provision of law,
whichever provisions are more restrictive or impose higher standards shall control.
(Ord. No. 90-82-74, § 2(I, C), 7-26-82)
Sec. 24-3. Jurisdiction.
The provisions of this chapter shall apply to all lands, buildings, structures and to the
uses within the; jurisdiction of thp rite, Nn 19714, rilsii�tr nr r�tv�'ct rc ch..II h mcvcd nddcd ..
y vW,....�._.__..,.b ..- uv-`..vr, ...cam u..a...y ✓v au✓N..ii, ti4`aVu 1hy
or enlarged, altered or maintained, except in conformity with the provisions of this chapter.
(Ord. No. 90-82-74, § 2(I, D), 7-26-82)
Sec. 24-4. Amendments.
For the purpose of providing the public health, safety and general welfare, the city
commission may, from time to time, amend the provisions imposed by this chapter. Public
hearings on all proposed amendments shall be held by the city commission or planning board
in the manner prescribed by law.
(Ord. No. 90-82-74, § 2(I, G), 7-26-82)
State law reference—Procedures for adoption of ordinances and resolutions, F.S. §
166.041.
Secs. 24-5-24-15. Reserved.
ARTICLE II. LANGUAGE AND DEFINITIONS*
Sec. 2416. Construction of language.
The following rules of construction apply to the text of this chapter:
(1) The particular shall control the general.
(2) In case of any difference of meaning or implication between the text of this chapter
and any caption or illustrative table, the text shall control.
(3) The word "shall" is always mandatory and not discretionary. The word "ma " is
permissive.
"Cross reference—Definitions and rules of construction generally, § 1-2.
Supp. No. 5
1404
ZONING AND SUBDIVISION REGULATIONS § 24-17
f. Clearing of land as an adjunct of construction.
g. Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(3) The following operations or uses shall not be taken for the purposes of this chapter to
involve development as defined in this section:
a. Work by highway or road agency or railroad company for the maintenance or
improvement of a road or railroad track, if the work is carried out on land within
the boundaries of the right-of-way.
b. Work by a utility and/or other person engaged in the distribution or transmis-
sion of gas or water, for the purpose of inspecting, repairing, renewing or con-
struction on established rights-of-way, any sewers, mains, pipes, cables, utility
tunnels, power lines, towers, poles, tracks or the like.
c. Work for the maintenance, renewal, improvement or alteration of any structure,
if the work affects only the interior or the color of the structure or the decoration
of the exterior of the structure.
d. The use of any structure or land devoted to dwelling uses for any purpose
customarily incidental to enjoyment of the dwelling.
e. A change in the ownership or form of ownership of any parcel or structure.
f. The creation or termination of rights of access, riparian rights, easements, cove-
nants concerning development of land or other rights in land.
Dwelling shall mean any building or portion thereof which is designed for or used for
residential purposes but does not include a trailer coach or converted trailer, hotel, motel,
lodginghouse or boardinghouse.
Dwelling, multifamily shall mean a residential building designed for or occupied exclu-
sively by three (3) or more families, with the number of families in residence not exceeding the
number of dwelling units provided.
Dwelling, one- (single) family shall mean a private residence building used or intended to
be used as a home or residence in which the use and management of all sleeping quarters and
appliances for sanitation, cooking, ventilation, heating and lighting are designed primarily
for the use of one (1) family unit, and with partitioning so that any substantial interior portion
of the dwelling, without resort to exterior access and the building, shall have only one (1)
kitchen and one (1) electrical meter.
Dwelling, two-family shall mean a residential building designed for or occupied by two (2)
families, with the number of families in residence not exceeding the number of dwelling units
provided (duplexes).
Dwelling, secondary shall mean a single dwelling combined with a private garage with
capacity of not more than two (2) motor vehicles erected in the rear of a principal dwelling in
any district when the lot has a width of fifty (50) feet or more and extends from street to street.
Easement shall mean a grant from a property owner for the use of land for a specific
purpose or purposes by the general public, by a corporation or by a certain person or persons.
Eaves and cornices shall mean projections from any side of the main building (see fences,
hedges, walls, eaves and cornices, section 24-157 this chapter).
Supp. No. 5
1409
§ 24-17 ATLANTIC BEACH CODE
Exception shall mean a use that would not be appropriate generally and with restriction
throughout the zoning district, but if controlled as to number, area or location, would be
permissible as stipulated in this chapter.
Family shall mean one or more persons, related by blood, adoption or marriage, living
and cooking together as a single housekeeping unit, exclusive of household servants. A
number of persons, but not exceeding two (2) living and cooking together as a single house-
keeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute
a family.
Fences, hedges and walls shall mean dividers between two (2) properties.
Filling station. See Service station, automotive.
Flood shall mean a temporary rise in the level of a body of water inundating areas not
ordinarily so covered.
Flood frequency shall mean the statistically determined average for how often a specific
flood level or discharge may be equaled or exceeded.
oudwuy shall iueaii the channel of a watercourse and portions of the adjoining Ilooa-
plain which are reasonably required to carry and discharge the regulatory flood.
Floor area shall mean the sum of the gross horizontal areas of several floors of a building
or buildings, measured from exterior faces of exterior walls or from the center line of walls
separating two (2) attached buildings.
Foster home shall mean any establishment that provides care for more than five (5)
children unrelated to the operator and which receives a payment, fee or grant for any of the
children receiving care, wherever operated and whether or not operated for profit.
Garage, apartment shall mean a building, designed and intended to be used for the
housing of vehicles, belonging to the occupants of an apartment building on the same property.
Garage apartment shall mean an accessory or subordinate building, not a part or attached
to the main building, containing living facilities for not more than one (1) family, the living
facilities of which shall not occupy more than fifty (50) percent of the total floor area of
building.
Garage, private shall mean an accessory building or a portion of the principal building
used for storage of automobiles of the occupants of the principal building. A carport is a
private garage.
Garage, public shall mean a building or portion thereof, other than a private or storage
garage, designed or used for the sale, storage, servicing, repairing, equipping and hiring of
motordriven vehicles.
Garage, repair shall mean a building or portion thereof used for repairing, equipping or
servicing motor vehicles.
Garage, storage shall mean a building or portion thereof designed or used exclusively for
the storage or parking of automobiles. Services, other than storage, at such storage garage
shall be limited to refueling, lubrication, washing, waxing and polishing.
Supp. No. 5
1410
ZONING AND SUBDIVISION REGULATIONS § 24-17
Garden apartment. See Dwelling, multifamily.
Government use shall mean the use of certain lands owned by the federal, state or local
government and are used for a purpose which is particularly and peculiarly related to
Supp. No. 5
1410.1
ZONING AND SUBDIVISION REGULATIONS § 24-17
(135) degrees. The exterior lot line of the narrowest side of the lot abutting the street shall be
considered the front yard. The exterior lot line of the longest side of the lot abutting the street
shall be considered a side yard and shall have a minimum setback of fifteen (15) feet. The
opposite side yard shall conform to the minimum side yard requirement of the district in
which it is located. The rear yard shall have a minimum setback of twenty (20) feet.
Lot coverage shall mean the area of the lot covered by the ground floor of all principal and
accessory uses and structures, including all areas covered by the roof of such uses and
structures, measured along the exterior faces of the walls, along the foundation wall line,
between the exterior faces of supporting columns, from the center line of walls separating two
(2) buildings or as a combination of the foregoing, whichever produces the greatest total
ground coverage for such uses and structures.
Lot depth shall mean the distance measured from the middle point of the front line to the
middle point of the opposite rear line of the lot.
Lot, double frontage shall mean a double frontage or through lot that has frontage on two
(2) nonintercepting streets. On through lots between Beach Avenue and the Atlantic Ocean,
the applicable front setback requirement shall apply to the yard which faces the Atlantic
Ocean. The applicable front setback requirement on through lots between Beach Avenue and
Ocean Boulevard shall be the yard which faces Ocean Boulevard.
Lot line shall mean the legal boundary line of a lot.
Lot of record shall mean a lot which is part of a subdivision, the map of which has been
recorded in the office of the clerk of the circuit court, or a parcel of land the deed of which was
recorded in the office of the clerk of the circuit court.
Lot or site area shall mean the horizontal plane area within the lot lines, expressed in this
chapter in square feet or square acres, exclusive of public or private dedications.
Lot width shall mean the mean horizontal distance between the side lot lines, measured
at right angles to its depth.
Marina shall mean an establishment with a waterfront location for the purpose of storing
watercraft and pleasure boats on land, in buildings, in slips or on boat lifts, and including
accessory facilities for purposes such as refueling, minor repair and launching.
Mean high water shall mean the average height of the high waters over a nineteen (19)
year period or for shorter periods of observations; the average height of the high waters after
corrections are applied to eliminate known variations and to reduce the result to the equiva-
lent of a mean nineteen (19) year value, as defined in F.S. Ch. 253.
Mobile home shall mean a movable or portable detached single-family dwelling designed
for and capable of being used for long-term occupancy, designed to be transported after
fabrication on its own permanent chassis and wheels, arriving at the site substantially
complete, of such size and weight as to require special highway movements permits, and in
Supp. No. 5
1413
§ 24-17 ATLANTIC BEACH CODE
excess of eight (8) feet in width and thirty-two (32) feet overall length, as measured from the
ball joint to the rear bumper, but not exceeding twenty-four (24) feet in width and seventy-five
(75) feet in length. A mobile home shall be defined by F.S. Ch. 320, and shall be transportable,
manufactured, suitable for real estate and utilized for nontransient purposes. The mobile
• home shall contain the same water supply, waste disposal and electrical conveniences as
conventional housing.
Modular factory built home shall mean a modular unit residential building comprised of
one (1) or more dwelling units, or habitable rooms or component parts thereof, which is either
wholly manufactured or is a substantial part constructed in central manufacturing facilities
and bears the approval of the department of community affairs under the provisions of the
Housing Act of 1971. However, this term does not apply to mobile homes, as defined by F.S.
Ch. 320. Modular homes are regulated by this chapter as dwellings, single-family.
Nonconforming use or building shall mean the use of a building or portion thereof, or land
or portion thereof, which does not conform with the use regulations of the district in which the
building is located, the use of which was legally established and existed prior to the effective
ii9tQ of Deeny rcgUlati nG•
Nursing home. See Group care home.
Occupied includes designed, built, altered, converted to or intended to be used or occupied.
Office building, business or professional shall mean a building providing office space for
the furnishing of professional services in any of the following or related categories: law,
architecture, engineering, medicine, dentistry, osteopathy, chiropractic, optometry or consul-
tants in these or related professions.
Open space shall mean an area open to the sky, which may be on the same lot with a
building. The area may include, along with the natural environmental features, swimming
pools, tennis courts, or any other recreational facilities. Streets, structures for habitationandthe like shall not be included.
Parcel shall mean a tract of land which may be described by metes and bounds or plat. See
also the definition for lot.
Parking, handicapped shall mean parking spaces designed and provided in quantities
consistent with handicapped requirements.
Parking lot shall mean an open area used exclusively for the storage of motor vehicles,
whether or not a fee is charged.
Parking space, off-street shall mean an off-street parking space consisting of an area
adequate for parking an automobile with room for opening doors on both sides, together with
properly related access to a public street or alley and maneuvering room, but located totally
outside of any street or alley right-of-way. Size shall conform to specifications in this chapter
and may be divided into spaces for standard size vehicles and compact cars.
Permanent Control point (PCP) shall be a secondary horizontal control monument and
shall be a metal marker with the point of reference marked thereon or a four (4) by four (4) inch
Supp. No. 5
1414
ZONING AND SUBDIVISION REGULATIONS § 24-17
concrete monument, a minimum of twenty-four (24) inches long, with the point of reference
marked thereon. PCPs shall bear the registration number of the surveyor filing the plat of
record.
Permanent reference monument (PRM) shall consist of a metal rod a minimum of twenty-
four (24) inches long, or a one and one-half (11/2) inch minimum diameter metal pipe a
minimum of twenty (20) inches long, either of which shall be encased in a solid block of
concrete or set in natural bedrock, a minimum of six (6) inches in diameter, and extending a
minimum of eighteen (18) inches below the top of the monument, or a concrete monument four
(4) inches by four (4) inches, a minimum of twenty-four (24) inches long, with the point of
reference marked thereon. A metal cap marker with the point of reference marked thereon
shall bear the registration number of the surveyor certifying the plat of record, and the letters
"PRM" shall be placed in the top of the monument.
Planned unit development (PUD):
(1) Is land under unified control, planned and developed as a whole in a single develop-
ment operation or approved programmed series of development operations, for dwell-
ing units and related uses and facilities;
(2) Includes principal and accessory uses and structures substantially related to the
character of the development itself and the surrounding area of which it is a part;
(3) Is developed according to a comprehensive and detailed plan, which includes not only
streets, utilities, lots or building sites and the like, but also site plans, for all
buildings intended to be located, constructed, used and related to each other, and
detailed plans for other uses and improvements, facilities and services, as will be for
common use by some or all of the occupants of the planned unit development, but will
not be provided, operated or maintained at public expense.
Planning agency shall mean the community development board, or any other agency
designated by the city, through ordinance, to prepare and monitor the comprehensive plan
and implementing ordinances.
Plat shall mean a map or delineated representation of the subdivision of lands, being a
complete exact representation of the subdivision and other information in compliance with
the requirements of all applicable sections of this chapter and of any local ordinances, and
may include the terms replat, amended plat, or revised plat.
(1) Preliminary plat: Approval of such is required prior to submittal of a final plat.
(2) Final plat: Prepared for recording the subdivision of land.
Plot See Lot.
Porch shall mean a roofed -over space that has no other enclosure other than exterior
walls of main building, open mesh screening or glass.
Principal building or use shall mean a main use of land, as distinguished from an
accessory use; the building housing the main or principal use.
Property line.. See Lot line.
Supp. No. 5
1415
§ 24-17 ATLANTIC BEACH CODE
Protective covenants shall mean a private agreement that may be recorded in the public
records that restricts the use of private property.
Public improvement shall mean those improvements required to be dedicated to the city,
including but not limited to, street pavements, curbs and gutters, sidewalks, alley pavements,
walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names,
signs, landscaping, parks, permanent reference monuments (PRMs), permanent control points
(PCPs) or any other improvement required by the city.
Public open space shall mean open space, land or water areas, available for public use, not
restricted to members or residents.
Public utility services or facilities, essential shall mean the erection, construction, alter-
ation, operation or maintenance of buildings, power plants or substations, water treatment
plants or pumping stations, sewage disposal or pumping plants and other similar public
service structures by a public utility or a railroad, whether publicly or privately owned, or by
a municipal or other governmental agency, to furnish services, including electricity, gas, rail
transport, communication, public water and sewage.
Recreation vehicle shall mean the following enumerated types of vehicles:
(1) Travel trailer shall mean a vehicular, portable structure built on a chassis and towed;
designed to be used as a temporary dwelling for travel, recreation and vacation uses;
permanently identified travel trailer by the manufacturer on the trailer; and when
factory equipped for the road, having a body width not exceeding eight (8) feet and a
body length not exceeding thirty-two (32) feet.
(2) Pickup coach shall mean a structure designed to be mounted on a truck chassis with
sufficient equipment to render it suitable for use as a temporary dwelling for travel,
recreation and vacation uses.
(3) Camping trailer shall mean a collapsible, temporary dwelling structure covered with
a water-repellent fabric, mounted on wheels and designed for travel, recreation and
vacation uses.
(4) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automo-
bile and into the trunk with the cover removed, and is designed for travel, recreation
and vacation uses.
(5) All terrain vehicles shall mean dune buggies, swamp buggies and the like shall be
considered recreation vehicles, whether or not licensed as such by the state.
(6) Van shall mean a vehicle specially equipped for camping.
Restaurant shall mean any establishment where food is served for consumption on car off
the premises or within an enclosed building. -
Resubdivision shall mean a change in a map of an approved or recorded subdivision plat if
such change affects any street layout on the map or area reserved thereon for public use, any
Supp. No. 5
1416
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. 5
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
structures on wheels or other supports, and used or intended for business or living quarters,
excluding fences not over six (6) feet above the natural grade.
Subdivision shall mean the division of a parcel of land, whether improved or unimproved,
into two (2) or more contiguous lots or parcels of land, designated by reference to the number
or symbol of the lot or parcel contained in the plat of the subdivision, for the purpose, whether
immediate or future, of transfer of ownership or, if the establishment of a new street is
involved, any division of the parcel. However, the division of land into parcels of more than
five (5) acres, not involving any change in street lines or public easements of whatsoever kind,
is not to be deemed a subdivision within the meaning of this chapter. The term includes a
resubdivision and, when appropriate to the context, relates to the process of subdividing or to
the land subdivided.
Substandard lot of record shall mean that the owner of such nonconforming lot of record
is permitted to build on such lot, provided said lot has a lot width of not less than fifty (50) feet
and a depth of not less than one hundred (100) feet, with a total lot area of not less than five
thousand (5,000) square feet. Nonconforming lots of record which do not meet all the above
area requirements shall not be built on unless relief is obtained through action of the board of
adjustment.
Supp. No. 5
1418
ZONING AND SUBDIVISION REGULATIONS § 24-17
Survey, certified See Certified survey.
Swimming pool shall mean any constructed pool used for swimming or bathing, that is
twenty-four (24) inches in depth or has a surface exceeding two hundred fifty (250) square feet.
Theater shall mean an establishment offering dramatic presentations or showing motion
pictures to the general public.
Tourist home. See Boardinghouse, rooming house, lodginghouse or dormitory.
Townhouse shall mean a group of two (2) or more single-family dwellings separated by a
space of not more than one (1) inch. The walls or party wall separating the dwelling units of
the townhouse shall extend to the roof line of the dwelling and shall have no openings therein.
Each townhouse unit shall be constructed upon a separate lot and serviced with separate
utilities and other facilities and shall otherwise be independent of one another. Townhouses
are single-family dwelling units.
Trailer (boat, horse, utility) shall mean a conveyance drawn by other motive power and
used for transporting a boat, animal or general goods.
Trailer coach. See Recreation vehicle.
Trailer, house. See Mobile home.
Travel trailer. See Recreation vehicle.
Travel trailer park or court shall mean a park or court, licensed and approved by the state
board of health, and established to carry on the business of parking travel trailers.
Use shall mean the purpose for which land or water or the structure thereon is designated
to the extent covered by Article III, Zoning Regulations.
Used, occupied, as applied to any land or building, shall include the words "intended,"
"arranged" or "designed to be used or occupied."
Variance. Any modification of the zoning ordinance regulations must be authorized by
the community development board and must meet the criteria as stated in this chapter. A
variance may be authorized only for height, area, size of structure or size of yards and open
spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by a
variance, nor shall a variance be granted because of the presence of nonconformities in the
zoning district or in adjoining district.
Veterinary clinic or hospital shall mean any building or portion thereof designed or used
for the veterinary care, surgical procedures or treatment of animals, but not the boarding of
well animals.
Wall. See Fences, hedges and walls.
Yard shall mean an open space at grade between a main building and the adjoining lot
lines. In measuring a yard for the purpose of determining the width of a side yard, the depth of
a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line
and the main building shall be used.
Supp. No. 5
1419
§ 24-17 ATLANTIC BEACH CODE
Yard, front shall mean a yard extending across the front of a lot between the side lot lines
and being the minimum horizontal distance between the street line and the principal building
or any projections thereof, other than the projections of uncovered steps, uncovered balconies
or uncovered porches.
Yard, side shall mean a yard between the main building and the side line of the lot,
extending from the front yard to the rear yard and being the minimum horizontal distance
between a side lot line and the side of the main buildings
Yard, rear shall mean a yard extending across the rear of a lot between the rear of the
principal building or any projections thereof, other than the projections of uncovered steps,
balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot
from the front yard.
(Ord. No. 90-82-74, § 2(II, B), 7-26-82; Ord. No. 90-82-72, § 1, 1-10-83; Ord. No. 96-82-76, § 1,
1-10-83; Ord. No. 90-83-80, § I, 6-27-83; Ord. No. 90-85-91, § 1, 7-8-85; Ord No. 90-85-95, § 1,
10-14-85; Ord. No. 90-86-102, § 1, 7-14-86; Ord. No. 90-86-105, § 1, 7-14-86; Ord. No. 90-87-117,
§ 1, 3-9-87)
8. 2418—
. Reserved.
ARTICLE M. ZONING REGULATIONS
DIVISION 1. GENERALLY
Sec. 24-31. Scope.
The provisions of this chapter shall be administered in accordance with the rules set forth
in this article and the detailed regulations governing each district. Administrative procedures
and the responsibilities of the city commission, administrative official, planning agency,
board of adjustment and code enforcement board are set forth. Procedures for filing applica-
tions for changes and amendments to this chapter, appealing decisions on any matter covered
in this chapter, notification of violations and penalties for violation have been included.
(Ord. No. 90-82-74, § 2(111, A), 7-26-82)
Secs. 24-32-24-45. Reserved.
DIVISION 2. ADMINISTRATION*
Sec. 24-46. City commission.
It shall be the responsibility of the city commission to perform the
responsibilities in accordance with this chapter:
(1) To adopt this chapter in accordance with, and consistent with,
hensive plan for the city;
*Cross reference—Administration, Ch. 2.
Supp. No. 5
1420
following duties and
the adopted compre-
ZONING AND SUBDIVISION REGULATIONS § 24-47
(2) To make amendments to this article and zoning map by a simple majority vote of the
city commission after holding the required public hearing, and after reviewing a
written recommendation from the planning agency;
(3) To approve or disapprove subdivision plans and planned unit development (PUD)
plans after holding any required public hearing and after reviewing a written rec-
ommendation from the planning agency;
(4) Establish a zoning fee to defray the administrative costs of carrying out the require-
ments of this chapter;
(5) Appoint an administrative official to administer the provisions of this chapter.
(Ord. No. 90-82-74, § 2(111, B, 1), 7-26-82; Ord. No. 90-83-80, §§ H, III, 6-27-83)
Sec. 2447. The administrative official.
The administrative official, appointed by the city commission, shall have the following
powers and responsibilities:
(1) To accomplish all administrative actions required by this chapter, including the
giving of notices as specified in this chapter or as otherwise required; the receiving
and processing of appeals; and the acceptance and accounting for fees;
(2) Provide written instructions to applicants on the required process for requests under
this chapter and assist applicants in understanding the provisions of this chapter;
(3) Receive and begin the processing of all applications for zoning changes, exceptions
and variances;
(4) To maintain and keep updated this article, the zoning map and all records relating to
this article and its administration, as may be set forth in this chapter or as may
otherwise be necessary;
(5) To suggest to the planning agency and the city commission, modifications to this
article and the zoning map, with a written statement outlining the need for such
changes;
(6) To conduct necessary field inspections required to adequately advise the planning
agency, the city commission and the community development board on zoning matters;
(7) To review all applications for building permits, including plot plans, to determine
whether the proposed construction, alterations, repair or enlargement of a structure
is in compliance with this article. The administrative of building official's signature,
stating approval or disapproval, is required on all building permit applications before
a permit shall be issued;
(8) To grant minor dimensional variances or minor variances of development design
standards as detailed in this chapter if the variance requested involves a variation of
less than ten (10) percent from this chapter requirement involved, or involves substi-
tution of an element of substantially equal character or performance to that required
in this chapter;
Supp. No. 5
1421
§ 24-47 ATLANTIC BEACH CODE
(9) To post signs on property undergoing zoning proceedings and promptly remove these
signs after the zoning process is completed;
(10) To mail notices of zoning requests to be considered at the regularly scheduled meet-
ings of the community development board to respective members at least seven (7)
days prior to the meeting date to allow members ample time to review the requests;
(11) To hire such persons as necessary to assist in the fulfillment of the requirements of
the office and delegate to these employees the duties and responsibilities assigned to
the administrative official as may be necessary to carry out properly, the functions of
the office.
(Ord. No. 90-82-74, § 2(III, B, 2), 7-26-82; Ord. No. 90-87-117, § 1, 3-9-87)
Sec. 24-48. Planning agency.
The community development board, as established by the city commission, shall serve as
the planning agency and shall have the following duties and responsibilities:
(1) To review those matters referred to the planning agency and hold regularly sched-
uled meetings for the purpose of reviewing such documents;
(2) To review site plans for all proposed subdivision development redevelopment, includ-
ing planned unit developments, in the city;
(3) To transmit to the proper governmental bodies, agencies or departments the written
recommendation of the planning agency, where the recommendations are called for
by this chapter;
(4) To provide for internal procedures, with the assistance of the administrative official,
required to carry out the intent of this article. Such procedures shall include dead-
lines for filing applications prior to regularly scheduled meetings to allow time for
adequate review and the preparation of a written report and recommendation of each
application.
(Ord. No. 90-82-74, § 2(111, B, 3), 7-26-82; Ord. No. 90-87-117, § 1, 3-9-87)
Sec. 24-49. Community development board.
The community development board shall be appointed by the city commission. The
organization and procedures under which this board operates, its arrangement of meetings,
adoption of rules and its method of handling appeals, variances or other related matters shall
be in conformity with the provisions of Chapter 14 of this Ordinance Code.
(1) Power and duties. The community development board may:
a. Hear and decide appeals where it is alleged there is an error in any order,
requirement, decision or determination made by the administrative official in
the enforcement of this chapter;
b. Authorize, upon appeal in specific cases, and upon findings of fact, such minor
variances from the terms of this chapter as will not be contrary to the public
interest where, owing to special conditions, a literal enforcement of the provi-
Supp. No. 5
1422
ZONING AND SUBDIVISION REGULATIONS
§ 24-49
sions of this chapter will result in unnecessary hardship. In order to authorize
any variance from the terms of this chapter, the community development board
must find that:
1. Special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands,
structures or buildings in the same district;
2. The special conditions and circumstances do not result from the actions of
the applicant;
3. Granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, buildings or struc-
tures in the same zoning district;
4. Literal interpretation of the provisions of this chapter would deprive the
applicant of rights commonly -enjoyed by other properties in the same zoning
district under the terms of this chapter and would work unnecessary and
undue hardship on the applicant;
5. The variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
6. The granting of the variance will be in harmony with the general intent and
purpose of this chapter and the variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
c. In granting any variance, the community development board may prescribe
appropriate conditions and safeguards in conformity with this division and any
ordinance enacted under its authority. Violation of the conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be
deemed a violation of this chapter.
d. Under no circumstances, exceptas permitted above, shall the community devel-
opment board grant a variance to permit a use not generally permitted or
permitted by exception in the zoning district involved or any use expressly or by
implication prohibited by the terms of this chapter in the zoning district. No
nonconforming use of neighboring lands, structures or buildings in the same
zoning district and no permitted use of lands, structures or buildings in other
zoning districts shall be considered grounds for the authorization of a variance.
e. In exercising its powers, the community development board may, upon appeal
and in conformity with the provisions of this division, reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determination being
appealed, and to that end shall have the powers to direct the issuance of the
necessary permit.
(2) Appeals of administrative actions. Appeals to the community development board may
be taken by any person aggrieved or by any officer, board or department of the city
affected by any decision of the administrative official under this article. Such appeal
shall be taken within thirty (30) days after rendition of the order, requirement,
decision or determination appealed from by filing with the officer from whom the
appeal is taken and with the community development board a notice of appeal
Supp. No. 5
1423
§ 24-49 ATLANTIC BEACH CODE
specifying the grounds thereof. The appeal shall be in the form prescribed by the
rules of the board. The administrative official shall, upon notification of the filing of
the appeal, transmit to the community development board, all the documents, plans,
papers or other materials constituting the record upon which the action appealed
from was taken.
a. Stay of work. An appeal to the community development board stays all work on
the premises and all proceedings in furtherance of the action appealed from,
unless the administrative official shall certify to the community development
board that, by reason of facts stated in the certificate, a stay would cause
imminent peril to life or property. In such case, proceedings or work shall not be
stayed except by a restraining order, which may be granted by the community
development board after application to the officer from whom the appeal is taken
and on due cause shown.
b. Hearings of appeals. The community development board shall fix a reasonable
time for the hearing of the appeal, give public notice thereof, as well as due
notice to the parties in interest, and decide the same within a reasonable time.
Upon the hearing, any party may appear in person, by agent or by attorney.
(3) Appeals of decisions of the community development board Any person or persons,
jointly or severally, aggrieved by any decision of the community development board
or any taxpayer, or any officer, department, board or bureau of the city commission,
may present to the city commission a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying the grounds of the illegality. The
petition shall be presented to the commission within thirty (30) days after the filing
of the decision in the office of the board.
(4) In exercising the powers granted by this section, the community development board,
by the concurring vote of the majority of members, may reverse or affirm, wholly or
partly, or modify the order, requirement, decision or determination appealed from,
and may make such order, requirement, decision or determination as should be
made, and to that end shall have all the power of the official from whom the appeal is
taken. Rulings and decisions of the community development board shall become
effective ten (10) days after the date of such ruling or decision.
(Ord. No. 90-82-74, § 2(III, B, 4), 7-26-82; Ord. No. 90-87-117, § 1, 3-9-87)
Secs. 24-50-24-60. Reserved.
DIVISION 3. APPLICATION PROCEDURES
Sec. 24-61. Amendment, repeal.
(a) The city commission may from time to time amend, supplement, change or repeal the
zoning regulations, restrictions or district boundaries as set out in this chapter.
(b) Proposed changes and amendments may be suggested by the city commission, the
planning agency, a property owner for his own land or by petition of the owners of fifty-one
Supp. No. 5
1424
ZONING AND SUBDIVISION REGULATIONS § 24-62
(51) percent or more of the area involved in a proposed district boundary change, or the
administrative official.
(Ord. No. 90-82-74, § 2(III, C, 1), 7-26-82)
Sec. 24-62. Changing zoning classification.
The following steps are to be followed to request a change in zoning classification:
(1) All applications shall be filed with the administrative official on the proper form
furnished by the administrative official.
(2) The application submitted shall include the following information:
a. The legal description, including the lot and block numbers, of the property to be
rezoned;
b. The names and addresses of all -owners of the subject property;
c. Existing and proposed zoning classification of the property;
d. A statement of the petitioner's interest in the property to be rezoned, including a
copy of the last recorded warranty deed; and:
1. If joint and several ownership, a written consent, to the rezoning petition, by
all owners of record; or
2. If a contract purchase, a copy of the purchase contract and written consent of
the seller/owner; or
3. If an authorized agent, a copy of the agency agreement or written consent of
the principal/owner; or
4. If a corporation or other business entity, the name of the officer or person
responsible for the application and written proof that said representative
has the delegated authority to represent the corporation or other business
entity, or in lieu thereof, written proof that the person is, in fact, an officer of
the corporation; or
5. If a group of contiguous property owners, the owners of at least fifty (50)
percent of the property described in the petition must provide written consent.
e. A complete list of all property owners, mailing addresses and legal descriptions
for all property within three hundred (300) feet of the subject parcel as recorded
in the latest official tax rolls in the county courthouse;
f. A statement of special reasons for the rezoning as requested;
g. Payment of the official filing fee as set by the city commission;
h. The signature of each and every owner of the lands.
(3) After the administrative official has received the request, the request will be placed
on the agenda of the next meeting of the planning agency, provided that the request
is received at least thirty (30) days prior to the meeting. The planning agency shall
study each request for rezoning, conduct a public hearing after due public notice, and
make a written recommendation to the city commission. The written report and
recommendation shall:
Supp. No. 5
1425
§ 24-62 ATLANTIC BEACH CODE
a. Show that the planning agency has studied and considered the need and justifi-
cation for the change;
b. Indicate the relationship of the proposed rezoning to the comprehensive plan for
the city and whether the proposed change will further the purpose of the plan-
ning program; and
c. Be submitted to the city commission in not more than sixty (60) days from the
date a completed application for the rezoning is filed.
(4) The city commission shall review the recommendations made by the planning agency
and hold a public hearing, with due notice, to consider the request.
(5) It shall be the responsibility of the administrative official to give due public notice of
both planning agency and city commission public hearings.
(6) Following the public hearings, the city commission, by ordinance, may change the
zoning classification of said petitioners, or it may deny the petition. In the case of
denial, the city commission shall thereafter take no further action on another appli-
cation for substantially the same proposal, on t}he ssme pren,iReg until after twelve
(12) months from the date of the last such disapproval.
(Ord. No. 90-82-74, § 2(ffi, C, 2), 7-26-82; Ord. No. 90-83-80, § IV, 6-27-83)
Sec. 24-63. Use by exception.
The following steps are to be followed to request a use by exception:
(1) All applications shall be filed with the administrative official on the proper form
furnished by the administrative official, and said application shall only be accepted
when filed by the owner of the property under consideration or. his authorized agent
or attorney.
(2) The application submitted shall include the following information:
a. An adequate legal description of the premises as to which the use by exception is
requested;
b. The names and addresses of the owners or tenants in possession of the premises;
c. A description of the use by exception desired, which shall specifically and partic-
ularly describe the type, character and extent of the proposed use by exception;
d. The reason for requesting the use by exception;
e. The signature of the owner or the owner's authorized agent or attorney, includ-
ing a copy of the agency agreement or written consent of the owner.
f. Payment of the officialfiling fee as set by the city commission.
(3) After the administrative official has received the request, the request will be placed
on the agenda of the next meeting of the planning agency (community development
board) which will meet the time limit required by the planning agency. The planning
agency shall study each request for use by exception, conduct a public hearing after
due public notice, and make a written recommendation to the city commission. The
Supp. No. 5
'1426
ZONING AND SUBDIVISION REGULATIONS § 24-63
written report and recommendation shall state specific reasons and findings of fact,
upon which its recommendation is based.
(4) Any review of any application for a use by exception shall consider:
a. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control and access in case of fire or catastrophe;
b. Off-street parking and loading areas, where required, with particular attention
to the items in a. above and the economic, noise, glare and odor effects of the
special exception on adjoining properties and properties generally in the district;
c. Refuse and service areas, with particular reference to the items in a. and b.
above;
d. Utilities, with reference to locations, availability and compatibility;
e. Screening and buffering, with reference to type, dimensions and character;
f. Signs, if any, and proposed exterior lighting, with reference to glare, traffic
safety, economic effects and compatibility and harmony with properties in the
district;
g. Required yards and other open space;
h. General compatibility with adjacent properties and other property in the district.
(5) The city commission shall conduct a public hearing after due public notice, following
which they shall consider the application for use by exception permit and the plan-
ning agency's report and recommendation thereon, as well as citizens attending such
hearing and shall deny, approve, or approve with conditions, the petitions.
(6) The city commission may, as a condition to the granting of any application for
permit, impose such conditions, restrictions or limitations in the use of the premises,
or upon the use thereof as requested in the application, as the city commission may
deem appropriate and in the best interests of the city, taking into consideration
matters of health, safety and welfare of the citizens, protection of property values and
other considerations material to good zoning principles and concepts.
(7) Any use by exception permit granted by the city commission shall permit only the
specific use or uses described in the application as the same may be limited or
restricted by the terms and provisions of the permit, and none other; any expansion
or extension of the use of such premises, beyond the scope of the terms of the permit,
shall be unlawful and in violation of this chapter and render the permit subject to
suspension or revocation by the city commission.
(8) The city commission may suspend or revoke a use by exception permit at any time
the city commission determines that the use has become a public or private nuisance
because of an improper, unauthorized or other unlawful use of the premises.
(9) If a petition for a use by exception permit is denied by the city commission, thereafter
the city commission shall take no further action on another petition for substantially
the same use on the same premises until after twelve (12) months after the date of the
last denial.
(Ord. No. 90-82-74, § 2(I1I, C, 3), 7-26-82; Ord. No. 90-85-97, § 1, 1-13-86; Ord. No. 9.0-87-118, §
1, 3-23-87)
Supp. No. 5
1427
§ 24-64 ATLANTIC BEACH CODE
Sec. 24-64. Variances.
To request a variance from the regulations contained in this chapter, because there are
practical difficulties or unnecessary hardships in carrying out the strict letter of this chapter,
applications can be obtained from the administrative official under the following conditions:
(1) If the applicant is other than all the owners of the particular property, written
consent signed by all owners of the particular real property shall be attached.
(2) An application for any variance shall be submitted, containing a complete legal
description of the premises for which the variance is requested. The application shall
be accompanied by payment of the official filing fee as set by the city commission and
a survey or plot diagram indicating setbacks and proposed construction.
(3) The administrative official shall refer the request to the board of adjustment. In
considering all proposed variations of this chapter, the board of adjustment shall,
before making any finding in a specific case, first determine that the proposed
variation will not constitute any change in the districts shown on the zoning map and
w,,.net impair an .ua3utwsupply a lightht au('
iu
Lu auJ at,eiipi civet ,Yof itiei`idlly
increase the congestion in public streets, or increase the public danger of fire and
safety, or materially diminish or impair established property values within the
surrounding area, or in any other respect impair the public health, safety, morals and
general welfare.
(4) The board of adjustment will fix a reasonable time for the hearing of appeals or other
matters referred to it and shall hold a public hearing on each such appeal or matter
referred to it with due public notice.
(5) At the hearing, any party may appear in person or be represented by an agent or
attorney. Where there are practical difficulties or unnecessary hardships in the way
of carrying out the strict letter of this chapter, appeals to the board may be taken by
any person aggrieved or by any department of the city affected by any decision of the
administrative official.
(6) If an application is disapproved by the board of adjustment, thereafter the board shall
take no further action on another application for substantially the same proposal on
the same premises until after twelve (12) months from the date of such last disapproval.
(Ord. No. 90-28-74, § 2(III, C, 3), 7-26-82; Ord. No. 90-85-97, § 2, 1-13-86)
Sec. 24-65. Building permits.
(a) No building permit shall be issued for any structure or use on a lot, plot, tract, parcel
or subdivision which:
(1) Does not abut on a public street or easement, dedicated and accepted by the city
commission;
(2) Does not have electrical service, approved sanitary sewer and potable water systems
installed; and
Supp. No. 5
1428
ZONING AND SUBDIVISION REGULATIONS § 24-65
(3) Does not have streets constructed to grade height.
(b) Building permits may be issued for a structure or use on a lot, plot, tract, parcel or
subdivision:
(1) Which abuts on a private street within a planned unit development (PUD), provided
that the private street meets all the requirements and specifications for paved public
streets and has been inspected by the city and approved by the city commission;
(2) Has electrical service, approved sanitary sewer and potable water systems installed;
and:
(3) Has streets constructed to grade height.
(c) No building or structure shall be constructed, altered, repaired, enlarged or moved
until a building, plumbing, electrical and/or a heating, air conditioning, ventilation (H.A.C.V.)
permit shall have been obtained from the city and the appropriate fee paid.
(d) Prior to the issuance of a building permit, the city shall ensure that such construction
shall comply with this article, or any other applicable law, and shall require a certified survey
of the property.
(e) The acceptance of a building, plumbing or electrical or heating, air conditioning,
ventilation permit by any person shall be deemed consent to the inspection of the property by
any agent of the city at any time in order to ascertain compliance with this chapter.
(0 Each application for a building permit shall be accompanied by a plot plan in dupli-
cate, drawn to scale, showing the actual dimensions of the lot to be built upon; the size, shape
Supp. No. 5
1428.1
ZONING AND SUBDIVISION REGULATIONS
§ 24-83
(f) Required lot and occupancy. Every building or structure hereafter erected shall be
located on a lot or tract as defined herein; and in no case shall there be more than one (1)
building on one (1) lot, except as provided in this article.
(g) Duplicates or externally similar dwellings. Construction of nearby single-family and
duplex dwellings which are duplicates or externally similar shall be avoided. Such similarity
considers the external configuration and appearance (L e., roof, outer wall materials, window
size and design, and other like characteristics) of structures. In accord with the foregoing,
similar or duplicate homes shall not be constructed within close proximity of each other, and
shall be at least five hundred (500) feet apart if any one similar dwelling is visible from any
other similar dwelling.
(h) Temporary residence No trailer, basement, tent, shack, garage, camper, bus or other
accessory building or vehicle in any district shall be used as a residence, temporarily or
permanently, nor shall any such residence of temporary character be permitted.
(i) Minimum lot coverage:
(1) One (1) story:—One thousand (1,000) square feet enclosed heated living area.
(2) Two (2) story:—Six hundred fifty (650) square feet enclosed coverage on the ground
floor and not less than a total of one thousand (1,000) square feet enclosed heated
area.
(3) Two-family residence (duplex):—Each living unit shall have nine hundred (900) square
feet of enclosed living area.
(4) Apartment type:
a. Efficiency with bedroom area combined with other living areas, four hundred
eighty (480) square feet net area.
b. One (1) bedroom with individual bedroom area permanently partitioned from
other living areas, five hundred seventy-five (575) square feet net area.
c. Two (2) bedrooms with each individual bedroom area permanently partitioned
from the living areas, seven hundred (700) square feet net area.
d. Three (3) bedrooms with each individual bedroom area permanently partitioned
from other living areas, eight hundred forty (840) square feet net area.
e. Four (4) bedrooms with each individual bedroom area permanently partitioned
from other living areas, nine hundred ninety (990) square feet net area.
f. Over four (4) bedrooms, add one hundred fifty (150) square feet per additional
room.
(Ord. No. 90-82-74, § 2(III, E, 2), 7-26-82)
Sec. 24-83. Substandard lots of record.
Where a lot or parcel of land has an area or frontage which does not conform with the
requirements of the district in which it is located, but was a lot of record on July 26, 1982, the
lot or parcel of land may be used for a single-family dwelling in any residential district,
Supp. No. 5
1431
§ 24-83 ATLANTIC BEACH CODE
provided the minimum yard requirements for substandard lots are maintained. See also
Article II, Language and Definitions of this chapter.
(Ord. No. 90-82-74, § 2(III, E, 3), 7-26-82)
Sec. 24-84. Yards; obstructions; double frontage lots.
(a) Obstructions. Every part of a required yard shall be open from its lowest point to the
sky, unobstructed, except for the ordinary projection of sills, belt courses, cornises, buttresses,
ornamental features, chimneys, flues and eaves. No such projection shall project more than
forty (40) percent of the width of the required yard over which they project.
(b) Double frontage lots. On double frontage lots, the required front yard shall be provided
on each street, except the required front yard on through lots between Beach Avenue and the
Atlantic Ocean shall be the yard which faces the Atlantic Ocean, and the front yard on double
frontage lots between beach Avenue and Ocean Boulevard shall be the yard which faces
Ocean Boulevard.
(Ord. No. 90-82-74, § 2(III, E, 4), 7-26-82; Ord. No. 90-86-102, § 2, 7-14-86; Ord. No. 90-86-105, §
2, 7-14-86)
Sec. 24-85. Nonconforming uses or buildings.
(a) Continuation of nonconforming uses or buildings. Where on July 26, 1982, lawful uses
of land exist which would not be permitted by the regulations imposed by this article, the uses
may be continued so long as they remain otherwise lawful, provided:
(1) No such nonconforming uses shall be enlarged, increased, nor extended to occupy a
greater area of land than was occupied on July 26, 1982, or upon amendment of this
article.
(2) No such nonconforming uses shall be moved in whole or in part to any portion of the
lot or parcel other than that occupied by such uses on July 26, 1982, or upon
amendment of this article.
(3) If any such nonconforming uses of land are discontinued or abandoned voluntarily for
that use for a period of at least six (6) months, any subsequent use of the land shall
conform to the regulations specified by this article for the district in which the land is
located. If fifty (50) percent of the structure for the nonconforming use is destroyed,
the structure shall not be reconstructed for any nonconforming use.
a. Unsafe buildings or structures. Any structure or building or portion thereof
declared unsafe may be restored to a safe condition. Permits are required;
b. Alterations. A nonconforming building may be maintained, and repairs and
alterations shall be made, except that no structural alterations shall be made
except those required by law, including eminent domain proceedings. Repairs,
such as plumbing or changing of partitions or other alterations, are permitted.
Permits are required.
Supp. No. 5
1432
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 with a capacity of not more than two (2) motor vehicles, 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 dwellings, the side yard regulations which apply to the principal dwelling shall also
apply to the sides of the secondary dwelling, a driveway or open space not less than ten (10)
feet wide shall be maintained to give access thereto from the street 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)
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. 5
1433
§ 24-102 ATLANTIC BEACH CODE
Sec. 24102. 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. 9U-82-'/4, § 2(lll, 1+, 2), 7-2b-82)
Sec. 24103. 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. 5
1434
ZONING AND SUBDIVISION REGULATIONS § 24-104
(2) Lot width: Not applicable;
(3) Lot depth: Not applicable.
(e) Minimum yard requirements. The minimum yard requirements in these districts are
as follows:
(1) Front yard: Not applicable;
(2) Rear yard: Not applicable;
(3) Side yard: Not applicable.
(f) Building restrictions. The building restriction in these districts are as follows:
(1) Maximum lot coverage: Not applicable;
(2) Maximum building height: Not applicable;
(3) Maximum density: Not applicable.
Sec. 24-104. RS -1 residential single-family districts.
(a) Intent The RS -1 districts are intended for development of low density single-family
residential areas.
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) Single-family dwellings;
(2) Accessory uses;
(3) Planned unit developments;
(4) Government buildings and facilities.
(c) Uses by exception. In these districts, uses by exception are as follows:
(1) Churches;
(2) Public and private recreational facilities;
(3) Schools;
(4) Home occupations.
(d) Minimum lot or site requirements. The minimum requirements for lots and sites in
these districts are as follows:
(1) Lot or site area: 7,500 square feet;
(2) Lot width: 75 feet;
(3) Lot depth: 100 feet.
(e) Minimum yard requirements. The minimum yard requirements in these districts are
as follows:
(1) Front yard: 20 feet;
Supp. No. 5
1435
§ 24-104 ATLANTIC BEACH CODE
(2) Rear yard: 20 feet;
(3) Side yard: 7.5 feet.
(f) Building restrictions. The building restrictions in these districts are:
(1) Maximum lot coverage: none;
(2) Maximum building height: 35 feet.
(Ord. No. 90-82-74, § 2(III, F, 2), 7-26-82; Ord. No. 90-86-104, § 1, 6-23-86; Ord. No. 90-86-113, §
1, 1-12-87)
Sec. 24-105. RS -2 residential single-family districts.
(a) Intent The RS -2 districts are intended to apply to a predominately developed area of
single-family dwellings with lots smaller than those in the RS -1 district.
(b) Permitted uses. The uses permitted in these districts are:
(1) Single-family dwellings;
(2) Accessory uses;
(3) Planned unit developments;
(4) Government buildings and facilities.
(c) Uses by exception. In these districts, the uses by exception are as follows:
(1) Churches;
(2) Public and private recreational facilities;
(3) Schools;
(4) Home occupations.
(d) Minimum lot or site requirements. The minimum requirements for lots and sites in
these districts are as follows:
(1) Lot or site area: 5,000 square feet;
(2) Lot width: 50 feet;
(3) Lot depth: 100 feet.
(e) Minimum yard requirements. The minimum yard requirements in these districts area
as follows:
(1) Front yard: 20 feet;
(2) Rear yard: 20 feet;
(3) Side yard: 15 total feet; 5 minimum feet.
(f) Building restrictions. The building restrictions in these districts are as follows:
(1) Maximum lot coverage: none;
Supp. No. 5
1436
ZONING AND SUBDIVISION REGULATIONS § 24-106
(2) Maximum building height: 35 feet.
(Ord. No. 90-82-74, § 2(III, F, 2), 7-26-82; Ord. No. 90-83-113, § 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. 75 feet, two-family.
(3) Lot depth: 100 feet.
Supp. No. 5
1437
§ 24-106 ATLANTIC BEACH CODE
(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.
(f) 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(1II, 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) Multiple -family dwellings;
(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;
(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. 5
1438
ZONING AND SUBDIVISION REGULATIONS § 24-107
(1) Lot or site area:
a. RG -2:
1. One -family, 5,000 square feet;
2. Two-family, 5,000 square feet;
3. Multifamily, 5,000 square feet for first family unit and 2,904 square feet for
each additional unit.
b. RG -3:
1. One -family, 5,000 square feet;
2. Two-family, 5,000 square feet;
3. Multifamily, 5,000 square feet for first unit and 2,178 square feet for each
additional unit.
(2) Lot width:
a. RG -2:
1. One -family, 50 feet;
2. Two-family, 50 feet;
3. Multifamily, 75 feet.
b. RG -3:
1. One -family, 50 feet;
2. Two-family, 50 feet;
3. Multifamily, 75 feet.
(3) Lot. depth:
a. RG -2:
1. One -family, 100 feet;
2. Two-family, 100 feet;
3. Multifamily, 100 feet.
b. RG -3:
1. One -family, 100 feet;
2. Two-family, 100 feet;
3. Multifamily, 100 feet.
(e) Minimum yard requirements. The minimum requirements for yards in these districts
are as follows:
(1) Front yard:
a. RG -2:
1. One -family, 20 feet;
2. Two-family, 20 feet;
3. Multifamily, 20 feet.
b. RG -3:
1. One -family, 20 feet;
2. Two-family, 20 feet;
3. Multifamily, 20 feet.
Supp. No. 5
1439.
§ 24-107 ATLANTIC BEACH CODE
(2) Rear yard:
a. RG -2:
1. One -family, 20 feet;
2. Two-family, 20 feet;
3. Multifamily, 20 feet.
b. RG -3:
1. One -family, 20 feet;.
2. Two-family, 20 feet;
3. Multifamily, 20 feet.
(3) Side yard:
a. RG -2:
1. One -family, 15 feet total, 5 feet minimum;
2. Two-family, 7.5 feet;
3. Multifamily, 15 feet.
b. RG -3:
1. One -family, 15 feet total, 5 feet minimum;
2. Two-family, 7.5 feet;
3. Multifamily, 15 feet.
(f) Building restrictions. The buildings:
(1) Maximum lot coverage:
a. RG -2:
1. One -family, none;
2. Two-family, none;
3. Multifamily, none.
b. RG -3:
1. One -family, none;
2. Two-family, none;
3. Multifamily, none.
(2) Maximum building height:
a. RG -2:
1. One -family, 35 feet;
2. Two-family, 35 feet;
3. Multifamily, 35 feet.
b. RG -3:
1. One -family, 35 feet;
2. Two-family, 35 feet;
3. Multifamily, 35 feet.
(Ord. No. 90-82-74, § 2(III, F, 2), 7-26-82; Ord. No. 90-86-113, § 1, 1-12-87)
Supp. No. 5
1440
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
located in mobile home subdivisions or mobile home parks. The areas area not intended for
permanent single-family structures.
(b) Permitted uses. The uses permitted in these districts are mobile home parks or mobile
home subdivisions.
(c) Uses by exception. In these districts, the uses by exception area as follows:
(1) Service families to meet only the requirements of the occupants of a mobile home
park; minimum 75 spaces;
(2) Government buildings and facilities.
(d) Minimum lot or site requirements. The minimum requirements for lots and sites in
these districts are as follows:
(1) Lot or site area: 4,000 square feet; mobile home parks and mobile home subdivisions
must have a minimum site area of five (5) acres;
(2) Lot width: 40 feet;
(3) Lot depth: 100 feet.
(e) Minimum yard requirements. The minimum yard requirements in these districts are
as follows:
(1) Front yard: 20 feet;
(2) Rear yard: 20 feet;
(3) Side yard: 7.5 feet.
(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(1II, 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. 5
1441
§ 24-109 ATLANTIC BEACH CODE
(3) Business offices such as real estate broker, insurance agent, stock broker and similar
uses.
(4) Single-family dwellings.
All of the permitted uses in the CPO district are limited by the following conditions:
(A) No retail sales, display or storage of merchandise shall be permitted.
(B) No vehicles other than passenger automobiles or trucks of not more than three-
quarters ton capacity shall be used.
(C) No manufacture, repair or work of a mechanical nature of any kind shall be permit-
ted and no machinery shall be used other than normal office equipment such as
typewriters, calculators, computers, bookkeeping machines, etc.
(c) Uses by exception. In these districts, the uses by exception are as follows:
(1) Limited retail sales in conjunction with a permitted professional service being ren-
dered at the time.
(2) Medical or dental clinic, hospital, child care center, church.
(3) Medical or dental laboratory; manufacture of prosthetic appliances, dentures, eyeglasses,
hearing aids and similar products.
(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 per cent.
(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. 5
1442
ZONING AND SUBDIVISION REGULATIONS § 24-110
Sec. 24-110. CL commercial limited district.
(a) Intent. The CL districts are intended for low intensity commercial uses and businesses
and professional offices which are suitable within close proximity to RS districts.
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry
cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as
wearing apparel, toys, sundries and notions, books and stationery, luggage and
jewelry; but not sale of lumber, hardware or building materials or similar uses.
(2) Art galleries, libraries, museums;
(3) Medical and dental offices, but not clinics or hospitals;
(4) Professional offices such as accountants, architects, attorneys, engineers, optome-
trists and similar uses;
(5) Business offices such as real estate broker, insurance agents, manufacturing agents
and similar uses;
(6) Banks and financial institutions;
(7) Convenience food stores but not supermarkets;
(8) Apothecaries;
(9) Government buildings and facilities.
(c) Uses by exception. In these districts, uses by exceptions are as follows:
(1) Medical or dental clinics;
(2) Child care centers;
(3) Churches;
(4) Restaurants;
(5) Convenience food stores with retail sale of gasoline.
Note—See editor's note to § 24-109.
(d) Minimum lot or site requirements. The minimum requirements for lots and sites in
these districts are as follows:
(1) Lot or site area: 5,000 square feet;
(2) Lot width: 50 feet;
(3) Lot depth: 100 feet.
(e) Minimum yard requirements. The minimum yard requirements for these distri-,ts are
as follows:
(1) Front yard: 20 feet. If buildings adjacent have provided a lesser front yard, front yard
shall be the average of buildings on adjacent lots. Where lot is adjacent to RS and RG
districts, front yard shall meet the requirements for such adjacent property;
Supp. No. 5
1443
§ 24410 ATLANTIC BEACH CODE
(2) Rear yard: 20 feet;
(3) Side yard: 10 feet.
(1) Building restrictions. The buildings restrictions for these districts are as follows:
(1) Maximum lot coverage: none;
(2) Maximum building height: 35 feet.
(Ord. No. 90-82-74, § 2(III, F, 2), 7-26-82; Ord. No. 90-85-96, § 1, 10-14-85; Ord. No. 90-85-98, §
1, 1-13-86; Ord. No. 90-86-113, § 2, 1-12-87)
Sec. 24-111. CG commercial general districts.
(a) Intent. The CG districts are intended to provide general retail sales and services for
the city as a whole. These districts should have direct access to major thoroughfares and are
well suited for development of community shopping centers.
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, sundries, sundries
and notions, books and stationery, luggage, jewelry, art, florist including silks, cam-
eras, photographic supplies, sporting goods, hobby shops and pet shops (not animal
kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and
appliances, office equipment and furniture, hardware, lumber and building materi-
als, auto parts, and similar uses;
(2) Service establishments such as barber or beauty shop, shoe repair, restaurant, gym-
nasium, laundry or dry cleaner, funeral home, job printing, radio and television
repairs, lawn care service, pest control companies, and similar uses;
(3) Banks, loan companies, mortgage brokers, stockbrokers, and similar financial institutions;
(4) Business and professional offices;
(5) Retail plant nursery;
(6) Retail sale of beer and wine;
(7) Auto service station, maintenance andminor repairs, car wash;
(8) Theater;
(9) Government buildings and facilities;
(10) Produce markets (no outside sales);
(11) Those uses permitted in Commercial Limited zoning;
(c) Uses by exception. In' these districts, .uses by exception are as follows:
(1) Animal kennel;
(2) Veterinarianrdlinic;
(3) Child care center;
Supp. No. 5
1444
ZONING AND SUBDIVISION REGULATIONS
§ 24-112
(4) On -premise consumption of Iiquor, beer and wine;
(5) Limited wholesale operation;
(6) Contractor, not requiring outside storage;
(7) Limited warehousing, including mini -warehouses;
(8) Motels;,
(9) Churches;
(10) Cabinet shops;
(11) Hospital, nursing home;.
(12) Sale of new and used automobiles and boats;
(13) Automotive/truck service garage (not including semi tractor trailer repairs);
(14) Those uses permitted in Commercial Limited as uses by exception.
(d) Minimum lot or site requirements. The minimum requirements for Iots and sites in
these districts are as follows:
(1) Lot or site area: None;
(2) Lot width: None;
(3) Lot depth: None.
(e) Minimum yard requirements. The minimum yard requirements in these districts are
as follows:
(1) Front yard: 20 feet. If buildings adjacent have provided a lesser front yard, front yard
shall be the average of buildings on adjacent lots. Where lot is adjacent to RS and RG
districts, front yard shall meet the requirements for such adjacent property;
(2) Rear yard: 20 feet;
(3) Side yard: 10 feet.
(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. 90-82-74, § 2(III,F,2), 7-26-82; Ord. No. 90-83-80, § V, 6-27-83; Ord. No. 90-85-96, § 1,
10-14-85; Ord. No. 90-86-104, § 1, 6-23-86; Ord. No. 90-86-108, § 1, 9-8-86)
Note—See editor's note to § 24-109.
Sec. 24-112. ILW industrial light and warehousing districts..
(a) Intent. These districts are intended for light manufacturing, storage and warehousing,
processing or fabrication of nonobjectionable products, not involving the use of materials,
Supp. No. 5
1445
§ 24-112 ATLANTIC BEACH CODE
processes or machinery likely to cause undesirable effects upon nearby or adjacent residential
or commercial activities related to the character of the district; and
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) Wholesaling, warehousing, miniwarehouses, storage or distribution establishments
and similar uses;
(2) Light manufacturing, processing (including food processing, but not slaughter house,)
packaging, or fabricating in completely enclosed building;
(3) Bulk storage yards, not including bulk storage of flammable liquids;
(4) Outdoor storage yards and lots (providing front yards and six (6) foot fence and
excluding junk yards), contractors yards;
(5) Establishments for sale and repair of new and used automobiles, motorcycles, trucks
and tractors, boats, automobile vehicle parts and accessories (except junk yards),
nearby machinery and equipment, farm equipment, lumber and building supplies,
mobile homes, monuments and similar uses;
(6) Heating and air conditioning, welding, sheet metal works, plumbing and electrical
sales, laundries and dry cleaning, bakeries, bottling plants and similar uses;
(7) Vocational, technical, trade or industrial schools and similar uses;
(8) Government buildings and facilities.
(c) Uses by exception. In these districts, uses by exception are as follows:
(1) Bulk storage of flammable liquids subject to provisions of county and state fire codes;
(2) Radio and TV transmitting tower;
(3) Asphalt or concrete batching plants.
(d) Minimum lot or site requirements. The minimum requirements for lots and sites in
these districts are as follows:
(1) Lot or site area: None;
(2) Lot width: None;
(3) Lot depth: None.
(e) Minimum yard requirements. The minimum yard requirements for these districts are
as follows:
(1) Front yard: 20 feet. If buildings adjacent have provided a lesser front yard, front yard
shall be the average of buildings on adjacent lots. Where lot is adjacent to RS and RG
districts, front yard shall meet the requirements for the adjacent property;
(2) Rear yard: 20 feet;
(3) Side yard: 10 feet.
Supp. No. 5
1446
ZONING AND SUBDIVISION REGULATIONS § 24-126
(f) 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(III,F,2), 7-26-82; Ord. No. 90-85-96, § 1, 10-14-85)
Sec. 24-113. SP special use district.
(a) Intent. The SP district is intended for a limited single use.
(b) Permitted use. The use permitted in this district is as follows:
(1) Salvage yard/junk yard restricted to automobiles, trucks, motorcycles, mobile homes,
other vehicles, boats, septic tanks and other metal scrap.
(c) Uses by exception. None.
(d) Minimum lot or site requirements. The site requirement is this district is as follows:
(1) Lot or site area: The site area shall not exceed that covered by the following blocks or
portions thereof located in Section H, to wit: All of Blocks 111, 112, 113, 117, 118,
119, 140, 141, and 142.
(e) Minimum yard requirements. None.
(f) Building restrictions. The building restriction in this district is as follows:
(1) No buildings of any kind will be allowed in the district except single-family residence
for the owner/operator and members of their immediate families, and in addition
thereto necessary repair/work shops use in the connection with the permitted use as
described above.
(g) Special requirements. The operation of this special use district will require the following:
(1) If any lot or parcel within the blocks hereinabove referred to cease to be used for the
purposes specified herein, then and in that case, that particular lot or parcel shall not
again be allowed the special use exception and the autos, boats, parts, etc., shall be
removed at the owner's expense within six (6) months after receiving written notice
from the City of Atlantic Beach.
(Ord. No. 90-86-103, § 1, 11-10-86)
Secs. 24114-24125. Reserved.
DIVISION 6. PLANNED UNIT DEVELOPMENT (PUD)
Sec. 24126. Purpose.
The purpose of the planned unit development is to encourage imaginative design to
create a more desirable environment than would be possible through the strict application of
the minimum requirements of the land use regulations. The purpose of planned unit develop -
Supp. No. 5
1446.1
§ 24-126 ATLANTIC BEACH CODE
ment regulations is to encourage flexibility in the design and development of land in order to
promote its most appropriate use; to facilitate the adequate and economical provision of
streets, utilities, and public spaces; and to preserve the natural and scenic qualities of open
areas. The objective of a planned unit development is to encourage ingenuity, imagination,
and design efforts on the part of builders, architects, site planners and developers; to produce
developments which are in keeping with overall land use intensity and open space objectives
of this chapter, while departing from the strict application of use, setback, and minimum lot
size requirements of the several zoning districts. While the planned unit developments may
depart from the strict application of this chapter for the district or districts in which it is
proposed to be located, the developments are to be compatible with the comprehensive plan
and platted of record in accordance with Article IV, subdivision regulations.
(Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 741-83)
Sec. 24-127. Intent.
The intent of this division is to permit such flexibility and provide performance criteria
for planned unit developments which:
(1) Permit a creative approach to the development of land;
(2) Accomplish a more desirable environment than would be possible through the strict
application of minimum requirements of this article;
(3) Provide for an efficient use of land, resulting in small networks of utilities and
streets and thereby lower development costs;
(4) Enhance the appearance of the area through preservation of natural features, the
provision of underground utilities and the provision of recreation areas and open
spaces in excess of existing zoning and subdivision requirements;
(5) Provide an opportunity for new approaches to ownership;
(6) Provide an environment of stable character compatible with surrounding areas; and
(7) Retain property values over the years.
(Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83)
Sec. 24-128. Defined.
For the purpose of this chapter, planned unit development shall mean the development of
land under unified control which is planned and developed as a whole in a single or pro-
grammed series of operations with uses and structures substantially related to the character
Supp. No. 5
1446.2
ZONING AND SUBDIVISION REGULATIONS § 24-133
Sec. 24-132. Application and review procedures.
(a) Review by administrative official. The planned unit development zoning application
shall be submitted to the administrative official at least thirty (30) days prior to the meeting
of the community development board, at which meeting such application is to be considered.
The administrative official shall review the preliminary development plan to determine its
conformity with the comprehensive plan, policies of the city, requirements of this chapter, and
requirements of other applicable state and federal statutes, rules and regulations. Upon
completion of the review, the administrative official shall forward the planned unit develop-
ment zoning application to the community development board.
(b) Action by the community development board. The community development board shall"
review the planned unit development zoning application and may recommend to the city
commission to enact an ordinance establishing planned unit development including any
special conditions related thereto based upon the findings that:
(1) The proposed planned unit development does not affect adversely the orderly devel-
opment of the city, as embodied in this article and in any comprehensive plan or
portion thereof adopted by the city commission;
(2) The proposed planned unit development does not affect adversely the health and
safety of residents in the area and will not be detrimental to the natural environment
or to the use or development of adjacent properties or the general neighborhood;
(3) The proposed planned unit development will accomplish the objectives and will meet
the standards and performance criteria of section 24-135;
(4) The community development board may conduct a public hearing to assist in its
development of a recommendation to the city commission.
(Ord. No. 90-82-74, § 2(1II, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83)
Sec. 24-133. Adoption of ordinance creating planned unit development.
(a) Action by the city commission. Upon receipt of the recommendation of the community
development board, the city commission may enact an ordinance establishing a planned unit
development, including any special conditions related thereto based upon findings as outlined
in section 24-132(b) above.
(b) Procedure for adoption.
(1) Each planned unit development ordinance shall be introduced in writing, and shall
contain all applicable materials which are applicable to the planned unit development.
(2) A proposed planned unit development may be read by title or in full on at least two
(2) separate days and shall, at least seven (7) days prior to adoption, be noticed once in
a newspaper. The notice of proposed enactment shall state the date, time and place of
the meeting, the title or titles of the proposed planned unit development ordinance,
and the place or places within the municipality where such proposed ordinances may
Supp. No. 5
1449
§ 24-133 ATLANTIC BEACH CODE
be inspected by the public. A public hearing on the proposed ordinance shall be held
on the second reading.
(3) The city commission shall direct the city clerk to notify by mail each real property
owner whose land the municipality will rezone by enactment of the planned unit
development ordinance and whose address is known by reference to the latest ad
valorem tax records. The notice shall state the substance of the proposed ordinance as
it affects the property owner, and shall set a time and place for one (1) or more public
hearings on the ordinance. The notice shall be given at least thirty (30) days prior to
the date set for the public hearing, and a copy of the notice shall be kept available for
public inspection during the regular business hours of the office of the city clerk. The
city commission may, upon the conclusion of the hearing, immediately adopt the
planned unit development ordinance.
(c) Deviations from the ordinance. In order to facilitate minor adjustments to the plans
approved as part of the ordinance creating the planned unit development, the city commission
may approve changes in such plans which comply with the following criteria:
(1) There are the same or fewer number of dwelling units and/or floor area; or
(2) The open space is in the same general location and in the same general amount, or a
greater amount; or
(3) The buildings have the same or less number of stories and/or floor area; or
(4) The roads and drives follow approximately the same course; and have the same
public or private rights therein.
(d) Expiration of time limits provided in ordinance. If development actions required by the
ordinance creating a planned unit development are not taken within any time limits set by
the city commission in the ordinance, the approval of a planned unit development as provided
in the ordinance shall become invalid and no further action shall be permitted under same.
(Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83)
Sec. 24-134. Implementation of a planned unit development.
(a) Development plan. Following the enactment of an ordinance creating a planned unit
development, a detailed development plan of all or part of the planned unit development shall
be submitted to the administrative official for review in accordance with the schedule of
development, as contained in the ordinance, which shall include:
(1) All materials, drawings, information, and other documentation, as required by the
city to certify substantial compliance with the planned unit development ordinance.
(2) Agreements, contracts, deed restrictions and sureties acceptable to the city for com-
pletion of the development according to plans approved in the ordinance, and for
continuing operation and maintenance to such areas, functions and facilities as are
not to be provided, operated, or maintained by the city pursuant to written agreement.
(b) Record plans. If the planned unit development ordinance requires the recording of
record plats, such plats shall accompany the submission of the development plan to the
Supp. No. 5
1450
ZONING AND SUBDIVISION REGULATIONS § 24-157
Sec. 24-154. Display of used merchandise outside of business.
It shall be unlawful for any business or commercial enterprise to have outside display or
sales of used furniture, clothing, dry goods, hardware or other similar materials.
(Ord. No. 90-82-72, § 1, 6-28-82)
Sec. 24-155. Establishments offering dancing or live entertainment.
If at any time the city commission shall determine, based upon procedural due process,
that the live entertainment for which a conditional use permit has been issued constitutes a
public or private nuisance, is not in the best interests of the public, is contrary to the general
welfare or has an adverse effect upon the public health, safety, comfort, good order, appear-
ance or value of property in the immediate or surrounding vicinity, then the city commission
may, upon such determination, revoke, cancel or suspend such license, and any person or
party applying for and receiving a conditional use permit for live entertainment is hereby
placed on notice that the permit may be canceled, revoked or suspended at any time pursuant
to the provisions of this section. Every conditional use permit hereafter granted for live
entertainment shall contain a recitation upon the face thereof that the same is subject to
revocation, cancellation or suspension for the reasons stated in this. section.
(Ord. No. 90-82-74, § 2(111, H, 4), 7-26-82)
Sec. 24-156. Exceptions to height limitations.
(a) Upon specific application, the city commission may make exceptions to the limitations
and restrictions on height of buildings in all zoning districts described in this article, except
the single-family residential zoning districts; provided, that in any instance wherein such an
exception is granted, the city commission shall prescribe the maximum allowable height of
the building or buildings involved.
(b) Chimneys; water, fire, radio and television towers; church spires, domes, cupolas,
stage towers and scenery lofts; cooling towers, elevators and stair bulkheads, smokestacks,
flagpoles; parapet walls and similar structures and their necessary mechanical appurtenances
may be erected above the height limits established by this article without the necessity of
obtaining a waiver of or exception to the height limitation by the city commission. However,
the heights of these structures shall not exceed the height limitations prescribed by the
Federal Aviation Administration (FAA) within the flight approach zone patterns of airports.
Plans for construction in these areas shall be approved by the FAA prior to submittal to the
administrative official for site plan approval.
(Ord. No. 90-82-74, § 2(III, H, 5), 7-26-82)
Sec. 24-157. Fences, hedges and walls; eaves and cornices.
(a) No owner, occupant or other person shall erect, keep or maintain in existence any
fence, wall or structure between the front property line and the front building setback line
exceeding four (4) feet in height. In the area between the front building setback line and the
rear property line, no fence or wall shall exceed six (6) feet in height.
(b) No owner, occupant or other person shall erect, 'keep or maintain in existence any
fence, wall or structure exceeding four (4) feet in height, nor plant, keep or maintain any
Supp. No. 5
1455
§ 24-157 ATLANTIC BEACH CODE
hedge, bush or shrubbery exceeding three (3) feet in height upon real property within a
distance of twenty-five (25) feet from the point where the right-of-way of any road or street
intersects the right-of-way of another road or street.
(c) Eaves and cornices, where they project into any required yard, shall not project more
than forty (40) percent of the width of the required yard over which they project.
(Ord. No. 90-82-74, § 2(III, H, 6), 7-26-82; Ord. No. 90-86-105, § 3, 7-14-86)
Sec. 24-158. Guardhouses and security buildings.
(a) Guardhouse or security building shall mean any structure designed, built or used
exclusively for the shelter and on -duty accommodation of persons engaged in the protection,
guarding and security of persons and property.
(b) Upon specific approval, by the city, of an application for a building permit to install,
construct or place guardhouse or security building and issuance of a building permit, a
guardhouse or security building may be erected, installed, placed or constructed within any
zoning district.
(c) Any person or party desiring to erect, install, place or construct any guardhouse or
security building shall apply to the administrative official for a permit. Such application shall
meet all requirements of applications for building permits and shall be accompanied by the
building permit fee required by the city for commercial structures.
(d) Upon receipt of the application and filing fee, the city shall, as soon as practicable,
either approve and authorize issuance of the permit, or deny the same. If the permit is
authorized, the administrative official shall issue a permit for the guardhouse or security
building.
(e) No guardhouse or security building shall be occupied until the time has passed all
building inspections and a certificate of occupancy has been issued.
(f) When any guardhouse or security building has ceased to be used for such purpose as
defined in this section, and the guardhouse or security building does not meet all setback,
square footage, electrical, plumbing and other requirements of this article for issuance of a
building permit as a principal use, accessory use or conditional use in the zoning district
where the building is located, it shall be removed at the owner's expense unless the city
authorizes the continued use.
(Ord. No. 90-82-74, § 2(III, H, 7), 7-26-82)
Sec. 24159. Home occupations.
Home occupations are a permissible use by exception in all districts. The following
regulations are applicable to home occupations:
(1) No person other than members of the family residing on the premises shall be
engaged in such occupation.
(2) No home occupation shall occupy more than twenty-five (25) percent of the floor area
of the dwelling unit.
Supp. No. 5
1456
ZONING AND SUBDIVISION REGULATIONS § 24-159
(3) No home occupation shall be conducted in an accessory building, but must be con-
ducted in the residence of the proprietor.
Supp. No. 5
1456.1
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(eX1)
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 22-176-22480
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. 5
1993
ATLANTIC BEACH CODE
Ordinance Section
Number Date Section this Code
90-86-102 7-14-86 1 24-17
2 24-84, 24-86
90-86-105 7-14-86 1 24-17
2 24-84
3 24-157
95-86-30 7-28-86 1 4-22
2 4-23, 4-24
3 4-26
4 4-30
90-86-108 9- 8-86 1 24-111(cX10)
5-86-17 10-27-86 1 2-226
90-86-103 11-10-86 1 24-113
80-86-33 11-24-86 1 22-23
25-86-19 12- 8-86 1 6-20(bX4),
6-21
95-86-31 12- 8-86 1 14-17
5-86-18 1-12-87 1 2-368
46-86- 7 I-12-87 1 20-59
58-86- 6 1-12-87 1 2-266-2-270
90-86-113 1-12-87 1 24-104-
24-108
2 24-109, 24-110
47-86- 3 1-26-87 1 Rpld 14-1, 14-16-
14-22
2 Added 14-1, 14-16-
14-28
90-87-117 3- 9-87 1 24-17,
24-47(6), (10),
24-48, 24-49
90-87-118 3-23-87 1 24-63(3)
Supp. No. 5
1994
[The next page is 2043]
STATUTORY REFERENCE TABLE
This table shows the location within this Charter and Code, either in the
text or notes following the text, of references to the state law or related
matters.
Florida Constitution
Article
V
F.S.
Section
1.01
13.201
23.011
60.05
Ch. 97
97.041
98.041
98.211
100.011
100.361
101.62
112.061
112.65
112.311
Ch. 119
Ch. 161
161.041
161.053
Ch. 162
162.02
162.05
162.05(4)
162.07
162.08
162.09
162.10
162.11
Supp. No. 5
Section
20(dX4)
Section
this Code
1-2
Ch. 9(note)
Ch. 14(note)
Ch. 12(note)
Char., § 86
Char., Art. IX
(note)
Char., § 79
Char., § 31
Char., § 80
Char., § 97
Char., § 87
Char., Art. XI
(note)
Char., § 85
Ch. 2, Art. VII,
Div. 3(note)
2-285
Char., § 166
Ch. 2, Art. II(note)
Char., § 16
Char., § 165
Ch. 2(note)
Ch. 5(note)
6-20(b)(3)
6-20(bX3)
- 6-21(e), (r)
Ch. 2, Art. V,
Div. 2(note)
2-146
2-141, 2-142
2-145
2-143, 2-144
2-148
2-149
2-150
2-151
2053
Section
this Code
Char., § 9
Char., § 151
Char., § 159
F. S. Section
Section this Code
163.3161 Char., Art. XIV
(note)
Ch. 14(note)
Ch. 24(note)
163.3174 14-22
163.3178 6-27
Ch. 166 Charter(note)
Char., § 4
Char., § 9
Char., § 32
Char., § 34
Char., Art. VIII
(note)
Char., Art. XIV
(note)
Char., § 159
166.021 Char., Art. I(note)
Char., § 4
166.021(4) Char., § 17
166.021(5) Char., Art. V
(note)
Char., Art. VII
(note)
Char., § 7
Char., § 32
Char., § 34
166.032 Char., § 79
166.041 Char., § 17
Char., Art. XIV (note)
24-4
166.101 Char., Art. XV
(note)
Ch. 2, Art. VII
(note)
166.201 Ch. 2, Art. VII
(note)
F.S.
Section
166.231
166.241
166.0425
Ch. 170
Ch. 171
175.101
Ch. 177
177.27(15)
177.011
177.041
177.091
Ch. 180
185.08
Ch. 192
193.023
193.116
200.065
Ch. 205
205.022
205.042
205.043(2)
205.043(3)
205.053
205.053(1)
205.063
Ch. 218
218.33
253.12
286.011
309.01
Ch. 316
316.008
Supp. No. 5
ATLANTIC BEACH CODE
Section
this Code
Ch. 20(note)
Ch. 20, Art. II
(note)
Char., § 24
2-311
Ch. 17(note)
Ch. 19(note)
Char., § 2
20-77
24-205
6-21(j)
Ch. 24, Art. IV
(note)
24-205
24-256
Ch. 19(note)
20-76
Ch. 20(note)
Char., Art. VI
(note)
Char., § 33
Char., Art. XIII
(note)
Char., Art. VI
(note)
Char., Art. XIII
(note)
Ch. 20, Art. III
(note)
20-51
20-52
20-57
20-57
20-54
20-53
20-58
Ch. 2, Art. VII
(note)
Char., § 24
2-311
Ch. 5(note)
Char., § 14
Char., § 16
Char., § 165
Ch. 2(note)
Ch. 5(note)
Ch. 21(note)
21-1
Ch. 21(note)
2054
F. S.
Section
316.008(1Xa)
316.195
316.1945
316.2045
320.823
Ch. 327
335.075
Ch. 367
Ch. 369
Ch. 372
Ch. 373
381.031(1Xg)1
t 1081(g)3
381.261
Ch. 386
403.413
403.415
413.08
Ch. 469
Ch. 479
Ch. 489
496.01
Ch. 513
513.01
Ch. 514
Ch. 552
Ch. 553
553.01
553.15
553.70
Chs. 561-568
561.01
562.14(1)
562.45(2)
590.12
Ch. 633
633.121
Section
this Code
Ch. 21, Art. II
(note)
Ch. 21, Art. II
(note)
21-16
Ch. 21(note)
21-17
19-1
6-23
Ch. 5(note)
Ch. 19(note)
Ch. 22(note)
Ch. 5(note)
Ch. 4(note)
Ch. 8(note)
4-29
Chi R 2N,4 'VT
(note)
Ch. 22(note)
Ch. 12(note)
5-4
16-5
Ch. 11(note)
Ch. 3, Art. II(note)
Ch. 6, Art. W
(note)
Ch. 17(note)
Ch. 6(note)
Ch. 18(note)
Ch. 10(note)
10-1
Ch. 6, Art. VI
(note)
Ch. 7(note)
Ch. 6(note)
6-21(p)
Ch. 6, Art. IV
(note)
Ch. 6, Art. III
(note)
Ch. 6, Art. II(note)
3-1
Ch. 3(note)
3-2
3-2
3-4-3-6
Ch. 7(note)
Ch. 7(note)
Ch. 7(note)
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 2-241 790.15 13-3
650.05 Ch. 2, Art. VI, Ch. 791 Ch. 7(note)
Div. 2(note) 806.13 6-111
Ch. 705 Ch. 15, Art. II 22-57
(note) Ch. 823 Ch. 12(note)
705.16 Ch. 2, Art. II(note) Ch. 828 4-5
Ch. 760 Ch. 9(note) 876.05 Char., § 168
760.20 Ch. 9, Art. II(note) 893.03 13-4
760.22 9-16 13-5
760.23 9-17 893.147 13-5
760.24 9-18 932.701 Ch. 15, Art. II
760.25 9-22 (note)
760.29 9-23 943.25(8Xa) 15-1
760.37 9-24
Supp. No. 5
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 adviory boards 9(15)
Appointing members of official boards of advisory groups 9(4)
AGENCIES OF CITY. See: DEPARTMENTS AND OTHER AGEN-
CIES OF CITY
AIRPORTS
Power of city commission to lease airports 9(11)
Power of city commission to sell airports 9(12)
Power of city to own, establish and operate 4(13)
ALLEYS
Power of city to construct, operate and maintain 4(14)
Power of city to regulate encroachments in, upon, over and
under 4(15)
ANIMALS AND FOWL
Powers of city
Regulating the keeping of domestic and other animals 4(12)
APPOINTMENTS. See: OFFICERS AND EMPLOYEES
ASSESSOR
City tax assessor 9(14) et seq.
See: TAXATION
ATLANTIC BEACH. See: CITY OF ATLANTIC BEACH
Supp. No. 5
2081
ATLANTIC BEACH CODE
ATTORNEY. See: CITY ATTORNEY Section
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)
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
C
CANDIDATES FOR OFFICE. See: ELECTIONS
Supp. No. 5
2082
CHARTER INDEX
COURTS, YARDS, ETC. Section
Powers of city commission 9(6)
D
DAMAGES
Suits against the city 160
DENSITY OF POPULATION. See: POPULATION, DENSITY
OF
DEPARTMENTS AND OTHER AGENCIES OF CITY
Abolishing offices, departments or agencies
City commission creating, changing and abolishing offices,
departments or agencies 13
Administrative departments 28 et seq.
See: CITY MANAGER
Advisory board
Investigations by 164
Advisory groups, boards
City commission
Appointing advisory boards 9(15)
Appointing members of official boards of advisory groups 9(4)
City attorney's duties re 158
City commission 5 et seq.
See: CITY COMMISSION
Continuance of present officers
Powers and duties imposed upon offices, departments, boards,
etc. 172
Continuity of offices, boards, commissions or agencies 175
Creation of new departments or offices by city commission 13
Department of law 151 et seq.
See: MUNICIPAL COURT AND DEPARTMENT OF LAW
Department of public safety Art. V
Departmental divisions 30
Directors of departments 29
Investigations by committees, advisory boards, etc 164
Pending actions and proceedings 177
Publicity of records and accounts of every office, department or
agency of city 165
Removal of members of boards, commissions or agencies 162
Removal of city officers and employees generally 161
Rights of officers or employees of departments, boards, com-
missions, etc., preserved 171
Transfer of records and property 173
DEVELOPMENT
Powers of city
Controlling development of natural or artificial streams or
bodies of water 4(25)
DOMESTIC ANIMALS
Regulating the keeping of
Powers of city 4(12)
Supp. No. 5
2087
ATLANTIC BEACH CODE
DRAINAGE Section
Power of city to drain swamps, etc. 4(17)
E
ELECTIONS
Absentee voting . 85
Canvass of returns 87
Charter election 181
Elections governed by state law or ordinance 86
Electors 79
General elections 83
Generally 78
Initiative and referendum 88 et seq.
See: INITIATIVE AND REFERENDUM
Inspectors and clerks of elections 78
Nominations 81
Primary elections 82
Proposed ordinances, election on 88 et seq.
See: INITIATIVE AND REFERENDUM
Registration of voters 80
Registration officer, city clerk performing duties of 31
State law or ordinance governs elections 86
Submitting ordinances to qualified voters at elections
Passing ordinances concerning operation of public utility sys-
tems, etc. 9(12)
Writing in of candidates 84
EMERGENCIES
Emergency ordinances 23
EMPLOYMENT, EMPLOYEES OF CITY. See: OFFICERS AND
EMPLOYEES
ENCROACHMENTS
Power of city to regulate encroachments 4(15)
F
FINANCES
Audits
City commission's duties re independent annual audit 24
Power of city commission to provide for independent audit 9(8)
Bond issues. See also that subject
Borrowing money
Powers of city 4(6), (24)
Budget
City manager's powers and duties re 26(2)
Power of city commission to adopt 9(2)
Provisions generally Art. VI
City commission's powers re finances generally 9
City manager's powers and duties re finances 26
Contracts. See also that subject
Supp. No. 5
2088
CHARTER INDEX
FINANCES—Cont'd. Section
Department of finance
Administrative department 28 et seq.
Provisions generally Art. VII
Financial interest of members of city commission, city officers,
etc., in contracts, sales, etc 166
Official bonds
Required of employees handling funds 167
Power of city commission re audits 9(8), 24
Power of city commission re finances generally 9
Powers of city 4
Purchases, purchasing. See also that subject
Revenue certificates. See also that subject
Taxation. See also that subject
FINES, FORFEITURES AND PENALTIES
Appointing, removing, etc., city tax assessor, city treasurer,
city comptroller, etc.
Powers of city commission 9(14)
City commission members forfeiting office 6
City commission members' personal interest in contracts, sales,
etc.
Violations, forfeiture of office or position 166
City commission's investigations
Failure to obey subpoena, produce papers, etc.
Punishment by fine, imprisonment 164
City commission's power
Imposing penalties, etc., for violations of ordinances 9(10)
Remitting fines or other penalties imposed by municipal court 9(9)
Municipal court and department of law
Disposition of moneys collected as fines 154
Remission of fines and penalties 155
Ordinances regulating keeping of domestic and other animals
Imposing penalties, forfeitures 4(12)
Personal interest of members of city commission or other offi-
cers of city in contracts, sales, etc.
Violations, forfeiture of office or position 166
FIRE PROTECTION AND SERVICES
Power of city to provide 4(16)
FORFEITURES. See: FINES, FORFEITURES AND PENALTIES
FRANCHISES
Granting 109
Public utility franchises
Power of city to grant 4(10)
FRAUD
Elections, prevention of fraud 78
Supp. No. 5
2089
ATLANTIC BEACH CODE
G
GENERAL ELECTIONS Section
Holding general elections, candidates, etc. 83
Elections generally. See: ELECTIONS
GOLF COURSES
Leasing golf courses
Powers of city commission 9(11)
Power of city to own, establish and operate 4(13)
Powers of city commission
Selling golf courses 9(12)
Selling golf courses
Powers of city commission 9(12)
GOVERNMENT
Form of government 3
GRAVEYARDS. See: CEMETERIES, CREMATORIES
H
HEARINGS
City commission, duties re ordinances
Public hearings 19
Initiative or referendum petitions for proposed ordinances
Public hearings on 94
Removal of city manager, public hearing on 11
HEALTH AND SANITATION
Draining swamps and overflow lands for betterment of sani-
tary conditions
Powers of city 4(17)
Maintaining and preserving public health
Powers of city 4(12)
Providing sanitary protection and services
Powers of city 4(16)
Regulating building and density of population, etc.
Power of city to regulate for purpose of promoting health,
safety, etc. 4(20)
HEIGHT REGULATIONS
Power of city to regulate building height, etc 4(20)
Powers of city commission 9(6)
HOSPITALS
Power of city commission to lease hospitals 9(11)
Power of city commission to sell hospitals, etc 9(12)
Power of city to own, establish and operate 4(13)
HOUSING AUTHORITY
Power of city commission to create housing authority 9(7)
Supp. No. 5
2090
CHARTER INDEX
I
IMPRISONMENT Section
Investigations by city commission, manager, etc.
Failure to obey subpoenas, produce books, etc.
Punishment by imprisonment 164
Power of city commission to provide for imprisonment for vio-
lation of ordinances, etc. 9(10)
IMPROVEMENTS
Continuance of contracts and public improvements 176
Making local improvements
Powers of city 4(21)
INCORPORATION
Incorporation of City of Atlantic Beach 2
INDUSTRY
Regulating use of land and water for trade, industry, etc.
Powers of city commission 9(6)
INITIATIVE AND REFERENDUM (Proposed ordinances, etc.)
Availability of list of qualified electors 97
Consideration by city commission 94
Election provisions generally. See: ELECTIONS
Form of ballot for initiated and referred ordinances 96
Franchise ordinances 109
Petitions
Amendment of petitions 92
Consideration by city commission 94
Effect of certification of referendum petition 93
Filing, examination and certification of petitions 91
Form of petitions; committee of petitioners 90
Generally 88
Power of initiative 88
Power of referendum 89
Publication of ordinance after final passage, permissive referendum 21
Repealing ordinances; posting 99
Results of election 98
Submission to electors 95
INJURIES
Damages arising out of city's failure to keep sidewalks, brid-
ges, etc., in proper condition 160
INVESTIGATIONS
Investigations by city commission, committees, city manager,
etc., generally 164
Suits against city
Investigations by city manager, etc. 160
INVESTMENTS
Investing surplus funds of city
Powers of city 4(5)
Supp. No. 5
2091
ATLANTIC BEACH CODE
J
JUDGE, MUNICIPAL. See: MUNICIPAL COURT AND DEPART-
MENT OF LAW
L
Section
LEASES
Leasing golf courses, parks, hospitals, etc.
Powers of city 4(13)
Powers of city commission 9(11)
Leasing local public utilities
Powers of city 4(9)
Power of city re leases 4
Powers of city commission
Leasing golf courses, hospitals, airports, etc 9(11)
Preserving peace and order upon property leased by city
Passing ordinances necessary to protect and preserve peace
Powers of city 4(2)
LIBRARIES
Power of city to own, establish and operate 4(13)
LICENSES AND PERMITS
Power of city to license professions, businesses, occupations 4(7)
LIENS
Making local improvements, enforcing liens for payment of
Powers of city 4(21)
LOCAL IMPROVEMENTS. See: IMPROVEMENTS
LOTS
Percentage of lot that may be occupied
Power of city commission to regulate and restrict 9(6)
M
MANAGER. See: CITY MANAGER
MAPS
Official map of city
Power of city commission to adopt and modify 9(5)
MAYOR
Mayor -commissioner 5 et seq.
See: CITY COMMISSION
MEETINGS OF COMMISSION. See: CITY COMMISSION
MILITARY LAW
Mayor -commissioner recognized as head of city government for
purposes of military law
MONEYS OF CITY. See: FINANCES
Supp. No. 5
2092
CHARTER INDEX
MORALS Section
Powers of city
Regulating building and density of population for purpose of
promoting morals of city's residents 4(20)
MUNICIPAL CORPORATION. See: CITY OF ATLANTIC BEACH
MUNICIPAL COURT AND DEPARTMENT OF LAW
City attorney
Appointment, qualifications, etc 158
Duties 158
Salaries 159
City prosecutor
Powers and duties 156
Courts. See also that subject
Disposition of moneys collected as fines 154
Executive officer of court 157
Municipal court generally 151
Municipal judge
Powers of city commission
Appointing, removing and fixing compensation of judge 9(14)
Sickness, absence or disqualification of 152
Powers 153
Remission of fines and penalties 9(9), 155
Salaries of court officials and city attorney 159
N
NEGLIGENCE OF CITY
Suits against city 160
NEWSPAPERS. See: PUBLICATION, PUBLISHING
NOMINATIONS. See: ELECTIONS
NUISANCES
Power of city to define, prevent and abate nuisances
0
4(11)
OATHS
City clerk's power to administer 31
Investigations generally
Testimony given under oath, administering oath, etc 164
Oath of office generally 168
OFFICERS AND EMPLOYEES
Appointments, removals, compensation, etc.
City commission's power 9(14)
City manager's power 26
Rights of officers and employees preserved 171
Charter taking effect
Continuance of present officers 172
Rights of officers and employees preserved 171
Supp. No. 5
2093
ATLANTIC BEACH CODE
OFFICERS AND EMPLOYEES—Cont'd. Section
City attorney 9(14) et seq.
See: CITY ATTORNEY
City clerk 9(14) et seq.
See: CITY CLERK
City commissioners 5 et seq.
See: CITY COMMISSION
City comptroller 9(14) et seq.
See: CITY COMPTROLLER
City manager 9(14) et seq.
See: CITY MANAGER
City prosecutor 9(14) et seq.
See: COURTS
City tax assessor - 9(14) et seq.
See: TAXATION
City treasurer 9(14) et seq.
See: CITY TREASURER
Civil service system
Power of city to establish and regulate uniform system for
employment prc.cti ec, etc 4(18)
Continuance of present officers 172
Department of personnel
Administrative department 28 et seq.
Provisions generally Art. VIII
Financial interest of city officers in contracts, sales, etc 166
Mayor -commissioner 5 et seq.
See: CITY COMMISSION
Municipal judge 9(14) et seq.
See: MUNICIPAL COURT AND DEPARTMENT OF LAW
Oath of office 168
Official bonds 167
Pension or retirement plan
Power of city to provide 4(22)
Pensions and retirement
Rights of officers and employees preserved 171
Personal interest of city officers 166
Publicity of records and accounts of every office, department,
etc. 165
Recall Art. XI
Removal of city officers and employees by city manager 26(1)
Removal of city officers and employees generally 161
Removal of members of boards, commissions or agencies 162
Rights of officers and employees preserved 171
OFFICIAL BONDS
Provisions generally 167
OFFICIAL MAP
Power of city commission to adopt and modify 9(5)
ORDINANCES
City commission's power and duties re ordinances 9(10) et seq.
See: CITY COMMISSION
Supp. No. 5
2094
CHARTER INDEX
ORDINANCES—Cont'd. Section
Existing ordinances 178
Initiative and referendum, proposed ordinances 88 et seq.
See: INITIATIVE AND REFERENDUM
Ordinances granting franchises 109
Power of city to pass necessary ordinances, etc.
Adopting ordinances necessary to maintain and preserve pub-
lic health, peace and welfare, etc 4(12)
Preserving peace and order 4(2)
P
PARKING
Powers of city
Constructing, operating and maintaining parking areas 4(14)
PARKS
Power of city commission to lease parks 9(11)
Power of city commission to sell parks 9(12)
Power of city to own, establish and operate 4(13)
PAVEMENT
Failure of city to keep pavement, sidewalks, etc., in proper
condition
Suits against the city 160
PEACE AND ORDER, PRESERVING
Power of city commission to pass ordinances and laws for pres-
ervation of public peace and order, etc 9(10)
Powers of city 4(2), (12)
PENALTIES. See: FINES, FORFEITURES AND PENALTIES
PENSIONS AND RETIREMENT
Powers of city
Providing pension or retirement plan for officers and employees 4(22)
Rights of officers and employees preserved 171
PERSONAL PROPERTY. See: PROPERTY
PETITIONS
Elections, nomination petitions 81
Initiative and referendum petitions 88 et seq.
See: INITIATIVE AND REFERENDUM
POLICE
City exercising police powers, etc 4(12)
Power of city to provide police protection and services 4(16)
POPULATION, DENSITY OF
Powers of city 4(20), 127
Powers of city commission 9(6)
POWERS OF CITY
Exercise of powers 3
General powers 4
Supp. No. 5
2095
ATLANTIC BEACH CODE
POWERS OF CITY—Cont'd. Section
Granting franchises 109
Vested in city commission 9
PRIMARY ELECTIONS
Holding primary elections, candidates, etc. 82
Election provisions generally. See: ELECTIONS
PRISONS. See: IMPRISONMENT
PROPERTY
Abandoned, captured, etc., property
Power of city to dispose of 4(26)
Official bonds required of employees handling property of city 167
Power of city to dispose of abandoned, captured, etc., property 4(26)
Power of city to purchase property, lease property, etc 4
Real, personal, etc., property
Powers of city generally 4
Title to property reserved to new municipality 174
Transfer of records and property 173
PROSECUTION
City attorney's duties 158
PROSECUTOR. See: COURTS
PUBLIC HEARINGS. See: HEARINGS
PUBLIC IMPROVEMENTS. See: IMPROVEMENTS
PUBLIC SAFETY. See: SAFETY
PUBLIC UTILITIES. See: UTILITIES
PUBLICATIONS, PUBLISHING
Definition of "publishing" 170
Ordinances
Publication of ordinances after final passage 21
Exceptions 22
Printing in newspaper
Definition of "publishing" 170
PUBLICITY OF RECORDS
Provisions generally 165
PURCHASES, PURCHASING
Power of city commission to provide rules and regulations for
purchases and sales 9(1`/)
Powers of city 4
R
REAL PROPERTY. See: PROPERTY
RECALL
Provisions generally Art. XI
Supp. No. 5
2096
CHARTER INDEX
RECORDS, BOOKS, PAPERS, ETC. Section
Audit of accounts, records, etc 24
City attorney preparing contracts, bonds and other instruments
in writing 158
City clerk recording ordinances and resolutions 31
City commission's power to require production of records 15
Investigations generally
Compelling production of books, papers and other evidence 164
Mayor -commissioner executing instruments 8
Petitions. See that subject
Publicity of records 165
Transfer of records and property 173
REFERENDUM. See: INITIATIVE AND REFERENDUM
REGISTRATION
Registration of voters generally 80
REGISTRATION OFFICER
City clerk performing duties of 31
REMOVAL OF CITY OFFICERS AND EMPLOYEES. See: OF-
FICERS AND EMPLOYEES
RESOLUTIONS
City clerk authenticating by signature and recording in books 31
Preliminary resolution stating intention to remove city manager 11
RETIREMENT. See: PENSIONS AND RETIREMENT
REVENUE CERTIFICATES
Power of city commission to authorize issuance 9(3)
Power of city to issue 4(6)
ROADS
Power of city to construct, operate and maintain 4(14)
S
SAFETY
Department of public safety Art. V
Powers of city
Regulating building and density of population for purpose of
promoting health, safety, etc. 4(20)
SALES
Personal interest of members of city commission or other offi-
cers of city 166
Power of city to sell property, etc 4
Powers of city commission
Providing rules and regulations for purchases and sales 9(13)
Selling golf courses, hospitals, etc 9(12)
SANITATION. See: HEALTH AND SANITATION
SEAL OF CITY
City clerk to be custodian of, etc 31
Supp. No. 5
2097
ATLANTIC BEACH CODE
SIDEWALKS. See: STREETS AND SIDEWALKS Section
STATE LAW
Elections governed by state law 86
STREETS AND SIDEWALKS
Damages arising out of city's failure to keep sidewalks, streets,
etc., in proper condition
Suits against city 160
Franchises, granting for use of streets and other public places 109
Power of city to construct, operate and maintain 4(14)
Power of city to regulate encroachments in, upon, over and
under 4(15)
SUBPOENAS. See also: WRITS
Investigations generally
Issuing subpoenas 164
Power of city commission to subpoena witnesses 15
SUITS AGAINST CITY
City attorney defending , , ........ 158
Provisions generally 160
SURPLUS FUND OF CITY
Power of city to invest 4(5)
SWAMPS
Power of city to drain 4(17)
T
TAXATION
City tax assessor
City commission appointing, removing and fixing compensa-
tion of assessor 9(14)
Provisions generally 33
Power of city to levy and collect license taxes 4(7)
Power of city to levy, assess and collect taxes 4(4)
Tax administration Art. XIII
Uncollected taxes
Title, rights and ownership of property, uncollected taxes,
etc. 174
TORTS
Suits against city 160
TOWN OF ATLANTIC BEACH. See: CITY OF ATLANTIC BEACH
TRADES
Regulating use of land and water for trade, industry, etc.
Power of city commission 9(6)
TREASURER. See: CITY TREASURER
Supp. No. 5
2098
CHARTER INDEX
U
UTILITIES Section
Failure to keep utility owned or operated by city in proper
condition
Suits against city for damages 160
Power of city commission to sell public utility systems, etc. 9(12)
Powers of city 4(8)
Furnishing local public services and utilities, etc. 4(8)
Granting local public utility franchises, etc 4(10), 109
Purchasing, constructing, etc., local public utilities 4(9)
Selling public utility systems
Power of city commission 9(12)
V
VIADUCTS
Failure of city to keep viaducts in proper condition
Suits against city for damages
W
WATERWAYS, WATERCOURSES
Power of city to control development and use of natural or
artificial streams or bodies of water
Power of city to regulate and restrict use of land and water for
trade, industry, etc
WATERWORKS
Failure of city to keep waterworks in proper condition
Suits against city for damages 160
WELFARE
Powers of city
Preserving public health, peace and welfare
Regulating building and density of population, etc., for pur-
pose of promoting welfare of city residents
WITNESSES
Investigations generally
Compelling attendance of witnesses 164
Power of city commission to subpoena witnesses 15
Suits against city 160
160
4(25)
9(6)
4(12)
4(20)
Y
YARDS, COURTS, ETC.
Powers of city commission 9(6)
Z
ZONING
Powers of city
Regulating building and density of population, etc
Supp. No. 5
2099
4(20)
ATLANTIC BEACH CODE
ZONING—Cont'd. Section
Powers of city commission
Regulating buildings, density of population, etc. 9(6)
Supp. No. 5 [The next page is 2103]
2100
CODE INDEX
A
ABANDONMENT Section
Nuisances enumerated
Abandoned wells, basements, refrigerators, etc 12-1(bX6)
Abatement of nuisances, etc. See: NUISANCES
Open storage of abandoned motor vehicles, refrigerators, etc. 12-1(bX7)
Parking of abandoned vehicles 21-24 et seq.
See: TRAFFIC
ACCESS
Subdivisions
Design and construction standards
Access to public streets 24-252(c)
Lots, street access 24-255(d)
Zoning regulations 24-135(e) et seq.
See: ZONING
ADVERTISING
Confiscated or lost property, disposition of
Advertising sales of 15-18
Fair housing provisions
Prohibited conduct, provisions re advertisement 9-17
Noise provisions
Loudspeakers for advertising purposes 11-8
Regulations for signs and advertising structures 17-1 et seq.
See: SIGNS AND ADVERTISING STRUCTURES
AIR RIFLES, AIR PISTOLS, ETC.
Discharging prohibited 13-3
ALCOHOLIC BEVERAGES
Conditions of existing establishments 3-8
Consumption on vendor's premises 3-10
Consumption, possession of open containers upon public property 3-11
Definitions 3-1
Distances, measurement of 3-7
Existing establishments, conditions of .3-8
Exposure of private parts in establishments serving alcoholic
beverages 13-17
Hours of sale 3-2
Licenses
Persons not holding license to sell 3-3
Lighting requirements on premises 3-9
Location of establishments, restrictions on 3-6
Locations where on -premises sales prohibited 3-5
Persons not holding license to sell 3-3
Premises where sales permitted 3-4
Restrictions on location of establishments 3-6
Sales permitted
Premises where sales permitted 3-4
Sales prohibited
Locations where on -premises sales prohibited 3-5
Supp. No. 5
2103
ATLANTIC BEACH CODE
ALLEYS Section
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended upon alley 21-25(aX4), (5)
Dogs and cats running at large 4-24
Garbage, trash, etc.
Depositing in alleys 16-5
Nuisances enumerated
Throwing, discharging, etc., garbage, filth, etc., into alleys . 12-1(bX2)
Abatement r f nuisances, etc. See: NUISANCES
AMENDMENTS TO CODE
Provisions re 1-9
ANIMALS AND FOWL
Animal control officer
Appointment 4-1
Interfering with officers 4-2
Animal shelter
Breaking open fences, gates, etc.; letting loose animals; etc. 4-3
Beaches
Use of -vehicles and riding of animals prohibited 5-17
Bird sanctuary
City designated; shooting, molesting, etc., birds 4-4
Cats. See herein: Dogs and Cats
Citations; penalties 4-30
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Cruelty to animals 4-5
Dead animals, removal and disposal of 4-8
Dogs and cats
Damaging property 4-26
Definitions 4-21
Disturbing the peace 4-27
Impoundment 4-23
Leashing dogs 4-25
Muzzles
Dogs to be muzzled 4-25, 4-28
Rabies
Dogs or cats suspected of having rabies 4-29
Registration and tagging required 4-22
Impoundment of unregistered dogs or cats 4-23
Registration and tagging
Impoundment of unregistered dogs or cats 4-23
Required 4-22
Running at large 4-24
Vicious dogs 4-28
Vicious dogs 4-28
Zoning regulations for doghouses, pens, etc.
Accessory uses by zoning district 24-151(bX1)
Hogs, keeping 4-7
Supp. No. 5
2104
CODE INDEX
ANIMALS AND FOWL—Cont'd. Section
Impounding officer
Interfering with 4-2
Impounding vehicles
Breaking open fastenings, etc.; letting loose animals; etc4-3
Impoundment of dogs or cats 4-23
Interfering with officers 4-2
Noise
Animal or bird noises 11-9
Dogs or cats disturbing the peace 4-27
Nuisance animals 4-6
Nuisances. See also that subject
Allowing animal carcass to remain in place 12-1(bX1)
Birds constituting nuisance 4-4
Dogs or cats running at large, etc 4-24
Keeping, feeding, etc., hogs, horses, chickens, etc., which
may be injurious to health and well-being of persons .... 12-1(bX5)
Nuisance animals 4-6
Public sewers
Depositing animal excrement 22-71
Rabies
Cooperating with city or county rabies control program 4-1
Dogs and cats. See herein that subject
Registration
Dogs and cats. See herein that subject
Removal of animals from animal shelter or impounding vehicles . 4-3
Running at large
Dogs and cats. See herein that subject
Stables, maintaining 4-7
Zoning regulations
Doghouses, pens, etc.
Accessory uses by zoning district 24-151(bX1)
ANNEXATION
Certain ordinances saved from repeal 1-5
ANTENNAS, TOWERS
Zoning regulations
Accessory uses by zoning districts 24-151(bX1)
Height limitations for radio and television towers 24-156
APPROPRIATIONS. See: FINANCES
ARRESTS
Arsonists
Reward for information leading to arrest and conviction 7-1
ARSONISTS
Reward for information leading to conviction of 7-1
ASSESSMENTS
Additional court costs assessed for police training 15-1
Insurance premium taxes, assessment of 20-76, 20-77
Special assessment liens 23-40
Supp. No. 5
2105
ATLANTIC BEACH CODE
ATTORNEY. See: CITY ATTORNEY Section
AUCTIONS
Noise in public places generally 11-2
AUDITS
Uniform travel policy and procedure
Auditing of travel expense reports or vouchers 2-365
AWNING SIGNS
Permitted signs 17-2(bX6)
Additional provisions re signs. See: SIGNS AND ADVER-
TISING STRUCTURES
B
BAIL BONDS
Additional court costs assessed for police training
Forfeited bail bonds 15-1
BARRICADES
Beaches, safety zones
Provisions re barricades 5-18
Building sewers and connections
Barricading, restoring excavations 22-111
BASEMENTS
Abandoned basements, nuisance provisions 12-1(bX6)
Abatement of nuisances, etc. See: NUISANCES
Zoning regulations
Temporary residence 24-82(h)
BASKETBALL COURTS
Zoning regulations
Accessory uses by zoning district 24-151(bX1)
BEACHES
Alcoholic beverages
Consumption, po ,ssion of open containers upon public property . 3-12
Animals
Safety zone
Use of vehicle and riding of animals prohibited 5-17
Boats
Operation of motorized boats within 200 feet of beach 5-7
Parking of sailboats not to obstruct lifeguard activities 5-6
Closing during emergencies 5-1
Coastal construction code 6-18 et seq.
See: PLANNING
Dogs and cats running at large 4-2
Dogs upon beaches to leashed, muzzled, etc 4-2F
Lifeguard activities
Parking of sailboats not to obstruct 5-F
Lifeguard division
Protecting safety and welfare of persons using beaches, etc. 2-6
Littering 5-4
Supp. No. 5
2106
CODE INDEX
BEACHES—Cont'd. Section
Motorized boats or other apparatus
Operation of within 200 feet of beach 5-7
Operation of motorized apparatus within 200 feet of beach 5-7
Parking of sailboats not to obstruct lifeguard activities 5-6
Picnicking 5-3
Safety zone
Barricade 5-18
Establishment; hours and periods of use 5-16
Use of vehicles and riding of animals prohibited 5-17
Sailboats
Parking not to obstruct lifeguard activities 5-6
Surfboards 5-5
Undressing or changing clothes 5-2
Vehicles
Safety zone
Use of vehicles prohibited 5-17
BEAUTIFICATION
Community development board
Duties of board re beautification of city 14-20(7)
BELLS
Noise. See also that subject
Ringing handbells, etc., in public places generally 11-2
BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOYEES
BIDS, BIDDING
Purchasing 2-331 et seq.
See: PURCHASES, PURCHASING
BILLBOARDS. See: SIGNS AND ADVERTISING STRUCTURES
BIRD SANCTUARY. See also: ANIMALS AND FOWL
City designated sanctuary; shooting, molesting, etc., birds 4-4
BITES
Dog bites, etc. 4-28, 4-29
BLOCKS
Subdivisions
Design and construction standards 24-254
BLOWERS OR POWER FANS
Muffling of 11-7
BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF
CITY
BOAT TRAILERS. See: RECREATIONAL VEHICLES
BOATS
Beach regulations
Operation of motorized apparatus within 200 feet of beach 5-7
Parking of sailboats not to obstruct lifeguard activities 5-6
Supp. No. 5
2107
ATLANTIC BEACH CODE
BOND ISSUES
Certain ordinances saved from repeal
BONDS, BAIL
Additional court costs assessed for police training
Forfeited bail bonds
BONDS, BID
Purchasing procedure, bid deposits or bid bonds
BONDS, MAINTENANCE
Subdivisions, assurance for completion and maintenance of
improvements
BONDS, PERFORMANCE
Purchasing, bid procedure
Performance and labor and material payment bonds
BONDS, PERSONAL
Subdivision developers
Personal bond with letter of credit
BONDS, SURETY
Signs and advertising structures
Bond requirements for certain signs
Subdivision developers, surety bond to be furnished
BOOKS
Obscene matter prohibited
BOUNDARIES OF ZONING DISTRICTS. See: ZONING
BUDGET
Certain ordinances saved from repeal
Director of finance's duties re
See also: FINANCES
BUILDINGS AND BUILDING REGULATIONS
Building code
Adoption
Amendments
See: CODE ENFORCEMENT BOARD
Swimming pool enclosures, roofed
Compliance with building code
Wastewater system, building sewers and connections
Conformance with building code
Zoning regulations, construction within the districts
Structures to comply with building code
Building official
Flood hazard districts, enforcement of provisions
Numbering of buildings
Duties of official
Trees, building official's jurisdiction and authority re
Supp. No. 5
2108
Section
1-5
15-1
2-333
24-233
2-335(c)
24-232(aX3)
17-3
24-232(aX4)
13-6
1-5
2-76
6-16
6-17
2-146
6-92
22-106
24-66(b)
8-11
6-108
23-16, 23-17
CODE INDEX
BUILDINGS AND BUILDING REGULATIONS—Cont'd. Section
Trees regulated
Authority regarding supervision of work, under permits 23-17
Jurisdiction and supervision of building official 23-16
Building permits
Coastal construction 6-20
Zoning regulations
Administrative official's powers and responsibilities 24-47(7)
Provisions generally 24-65
Building sewers and connections 22-101 et seq.
See: WASTEWATER SYSTEM
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Coastal construction code 6-18 et seq.
See: COASTAL CONSTRUCTION CODE
Community development board 14-16 et seq.
See: PLANNING
Supp. No. 5
2108.1
CODE INDEX
CHURCH SPIRES Section
Zoning regulations
Height limitations 24-156(b)
CHURCHES
Alcoholic beverage establishments, location of 3-6
Noise provisions
Interfering with churches 11-10
Zoning regulations 24-153
CIRCUSES
Water service, temporary 22-18
CITY ATTORNEY
Code enforcement board
City attorney shall be counsel to board, etc 2-145
CITY COMMISSION
Community development board
Certification of plans and recommendations to commission 14-21
Duties re commission 14-20
Defined 1-2
Members appointed by 14-17
Mayor -commissioner
Old -age and survivors insurance
Execution of agreements by mayor -commissioner 2-242
Meetings
Rules of conduct and procedure at 2-19
Special meetings, calling 2-17
Time and place of regular meetings 2-16
Quorum 2-18
Salary 2-20
Zoning regulations, responsibility of commission 24-46
CITY EMPLOYEES. See: OFFICERS AND EMPLOYEES
CITY OF ATLANTIC BEACH
Defined 1-2
CLOTHING
Beaches. See also that subject
Undressing or changing clothes 5-2
COASTAL CONSTRUCTION CODE
Definitions 6-21
Location 6-26
Public access 6-27
Purpose 6-19
References 6-28
Scope; applicability 6-20
Structural requirements
General provisions 6-22
Major structures 6-23
Supp. No. 5
2111
ATLANTIC BEACH CODE
COASTAL CONSTRUCTION CODE—Cont'd. Section
Minor structures 6-25
Nonhabitable major structures 6-24
Title 6-18
COCAINE. See: DRUGS
CODE ENFORCEMENT BOARD
Appeals
City attorney
Counsel to board, etc 2-145
Clerical and administrative personnel 2-144
Compensation of members 2-141
Created, composition 2-141
Hearings 2-147
Minutes of hearings 2-144
Power of board re hearings 2-148
Jurisdiction 2-146
Lien, penalties 2-149
Duration of lien 2-150
Meetings 2-143
Power of board to adopt rules for conduct of meetings 2-148
Membership 2-141
Minutes of hearings 2-144
Officers, election of 2-143
Penalties; lien 2-149
Duration of lien 2-150
Powers 2-148
Procedure; hearings 2-147
Quorum 2-143
Removal, filling vacancies 2-142
Terms of members 2-141
Vacancies, filling 2-142
CODE OF ORDINANCES*
Amendments to code . .. . 1-9
Certain ordinances saved from repeal 1-5
Definitions and rules of construction 1-2
Effect of code on prior acts or rights 1-6
Effect of repeal of ordinances 1-7
General penalty; continuing violations 1-11
Headings and catchlines 1-3
History notes and references 1-4
How code designated and cited 1-1
Repeal
Certain ordinances saved from repeal 1-5
Effect of repeal 1-7
2-151
*Note—The adoption, amendment, repeal, omissions, effective date, expla-
nation of numbering system and other matters pertaining to the use, construc-
tion and interpretation of this Code are contained in the adopting ordinance
and preface which are to be found in the preliminary pages of this volume.
Supp. No. 5
2112
CODE INDEX
CODE OF ORDINANCES—Cont'd. Section
Severability of parts of code 1-8
Supplementation of code 1-10
Violations
General penalty; continuing violations 1-11
COMMERCIAL VEHICLES
Stopping, standing or parking buses or commercial vehicles 21-22
Zoning regulations
Storage and parking of vehicles in residential districts
COMMISSION. See: CITY COMMISSION
COMMISSIONS. See: DEPARTMENTS AND OTHER AGENCIES
OF CITY
24-163
COMMUNITY DEVELOPMENT BOARD
Provisions re 14-16 et seq.
See: PLANNING
COMMUNITY FACILITIES
Zoning regulations, planned unit development (PUD) 24-136
COMPREHENSIVE PLAN
Provisions re 14-1
CONDEMNATION
Garbage and trash cans 16-2(c)
CONFISCATED PROPERTY
Disposition of 15-16 et seq.
See: POLICE DEPARTMENT
CONSERVATION
Waterworks system
Water shortages, conservation 22-39
CONSTRUCTION
Buildings and building regulations. See that subject
Subdivision regulations 24-204(e) et seq.
See: SUBDIVISIONS
CONTRACTORS
Garbage and trash provisions
Removal of lot clearing or cleaning debris by contractors 16-9
CONTRACTS
Certain ordinances saved from repeal 1-5
Garbage and trash collection, removal, etc.
Contracting for 16-6
When contracts and expenditures prohibited 2-314
CONTROLLED SUBSTANCES. See: DRUGS
CORPORATIONS
Definition of "person" to include corporation 1-2
COUNTY. See: DUVAL COUNTY
Supp. No. 5
2113
ATLANTIC BEACH CODE
COURTS
Confiscated or lost property
Provisions re county court
Noise provisions
Interfering with court
Police training
Additional court costs assessed for
COWS, CATTLE
Maintaining stable
CROSSWALKS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended on crosswalk
Stopping, standing or parking vehicle on or within crosswalks
CRUELTY TO ANIMALS
Generally
D
Section
15-16 et seq.
11-10
15-1
4-7
21-25(ax1)
21-17(5), (6)
4-5
DANCING
Zoning regulations
Establishments offering dancing or live entertainment 24-155
DEATHS OF CITY EMPLOYEES
Retirement system provisions 2-283, 2-284
See also: OFFICERS AND EMPLOYEES
DEFACING PROPERTY, ETC.
Building numbers
Removing or defacing
Public sewers
Defacing, damaging, etc.
Streets, sidewalks and other public places
Digging into, defacing, etc., streets, avenues, driveways, etc.
DEMOLITION
Zoning regulations
Construction within the districts
Demolition to comply with building and related codes .
DENSITY OF LOTS, POPULATION, ETC.
Zoning regulations
See: ZONING
6-111
22-57
19-2
24-66(b)
24-82(d) et seq.
DEPARTMENTS AND OTHER AGENCIES OF CITY
Board of trustees of city employee's retirement system
See: OFFICERS AND EMPLOYEES
City commission
See: CITY COMMISSION
Code enforcement board
See: CODE ENFORCEMENT BOARD
Community development board
See: PLANNING
Supp. No. 5
2114
2-264 et seq.
2-16 et seq.
2-141 et seq.
14-16 et seq.
CODE INDEX
DEPARTMENTS AND OTHER AGENCIES OF THE CITY—
Cont'd. Section
Definition 1-2
Department of finance 2-71 et seq.
See: FINANCES
Department of public works 2-79 et seq.
See: PUBLIC WORKS AND IMPROVEMENTS
Fire department 2-61 et seq.
See: FIRE DEPARTMENT
Lifeguard division 2-63
Local planning agency 14-22
Police department 2-51 et seq.
See: POLICE DEPARTMENT
Zoning community development board 24-49
Zoning, planning agency 24-48
DERRICKS
Noise provisions -
Building operations at night 11-6
DEVELOPMENT
Community development board 14-16 et seq.
See: PLANNING
Planned unit development (PUD) 24-126 et seq.
See: ZONING
Subdivision regulations 24-186 et seq.
See: SUBDIVISIONS
Zoning regulations 24-31 et seq.
See: ZONING
DISABLED PERSONS
City employees retirement system
Disability retirement 2-279, 2-280
See also: OFFICERS AND EMPLOYEES
DISASTERS
Community development board
Duties of board re reconstruction, replanning, etc., of areas
damaged by fires, floods, etc 14-20(12)
DISCRIMINATION
Fair housing 9-16 et seq.
See: FAIR HOUSING
DISEASES, DISEASE CONTROL
Rabies 4-1 et seq.
See: ANIMALS AND FOWL
DISTRICTS
Community development board
Replanning, reconstruction, etc., of districts damaged by fire,
earthquake, etc
Flood hazard districts
See: FLOOD HAZARD DISTRICTS
Supp. No. 5
2115
14-20(12)
8-1 et seq.
ATLANTIC BEACH CODE
DISTRICTS—Cont'd. Section
Zoning districts 24-101 et seq.
See: ZONING
DISTURBANCES OF THE PEACE
Animals and fowl
Dogs or cats disturbing the peace generally 4-27
Nuisance animals 4-6
DOGHOUSES
Zoning regulations
Accessory uses by zoning districts 24-151(bx1)
DOGS
Regulated 4-21 et seq.
See: ANIMALS AND FOWL
DOORS AND WINDOWS
Signs and advertising structures
Obstructing doors and windows 17-6
Sigmco, �ubieLb, eu ., pruhiuhea un windows, doors, etc 11-8
DRAINAGE
Mobile home parks and recreational vehicle parks
Designed for drainage of surface water 10-2
Nuisances
Allowing or permitting stagnant water to accumulate upon
surface of ground 12-1(bX4)
Discharge of water from water -source heat pumps into storm
drainage systems 12-1(b)
Abatement of nuisances, etc. See: NUISANCES
Sewers
Building sewers and connections
Foundation drains, surface runoff, etc 22-108
Discharging groundwater, subsurface drainage, etc., into sani-
tary sewers 22-127
Zoning regulations
Planned unit development (PUD)
Design and construction of facilities to prevent erosion;
etc. - 24-136(d)
DRIVEWAYS
Abandoned, wrecked, junked, etc., vehicles
Left unattended in front of driveways 21-25(ax1)
Building sewers and connections
Foundation drains, surface runoff, etc. 22-108
Digging up driveways, streets, etc 19-2
Public sewers, use of
Discharging storm water, etc., into storm sewers or natural
outlets 22-128
Discharging subsurface drainage, groundwater, etc., into sani-
tary sewers 22-127
Stopping, standing and parking vehicles in driveways 21-17(2)
Supp. No. 5
2116
CODE INDEX
DRIVEWAYS—Cont'd. Section
Subdivisions, design and construction standards 24-251
Easements; drainage, watercourses 24-253
Water shortages
Washing of driveways 22-39(e)
DRUGS (Cocaine, marijuana, hashish, controlled substances, etc.)
Drug paraphernalia
Definitions 13-4
Sale, display, etc., of paraphernalia 13-5
DUVAL COUNTY
Definition of "county" 1-2
E
EARTHQUAKES
Community development board
Duties of board re replanning, reconstruction, etc., of areas
damaged by earthquakes 14-20(12)
EASEMENTS
Subdivisions, design and construction standards 24-253
Wastewater system, powers and authority of inspectors
Provisions re easements 22-154
Supp. No. 5
2116.1
CODE INDEX
FIRE PREVENTION AND PROTECTION Section
Arsonists
Reward for information leading to conviction of 7-1 •
Code. See herein: Fire Prevention Code
Fire prevention code
Adoption 7-16
Appeals from actions of chief of fire department 7-19
Enforcement 7-17
Modifications 7-18
Violations
Penalty; separate offenses; removal of prohibited conditions 7-20
Reward for information leading to conviction of arsonists 7-1
Water service charges
Private fire protection service 22-30
Zoning regulations
Planned unit development (PUD)
Access for fire -fighting equipment 24-136(c)
FIREARMS AND WEAPONS
Discharging firearms, air guns, etc. 13-3
Hunting, shooting, etc., birds or wild fowl 4-4
FIRES
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
FLOOD HAZARD DISTRICTS
Applicability of provisions 8-3
Code enforcement board's jurisdiction re
See: CODE ENFORCEMENT BOARD
Community development board
See: PLANNING
Definitions 8-1
Enforcement 8-11
HFH and GFH districts
Development of GFH districts 8-9
22-129
2-146
14-16 et seq.
Supp. No. 5
2121
ATLANTIC BEACH CODE
FLOOD HAZARD DISTRICTS—Cont'd. Section
Development of HFH districts 8-8
Requirements applicable to 8-7
Intent 8-2
Interpretation of district boundaries 8-5
Liability of city 84
Maps adopted 8-6
Subdivisions
Design and construction standards
Soil and flood hazards 24-251(3)
Variances 8-10
FLOODLIGHTS
Signs and advertising structures
Use of spotlights and floodlights 17-10
FLOODS
Community development board
Duties of board re reconstruction, replanning, etc., of areas
damaged by flood 14-20(12)
FOOL 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
G
GARAGES
Removal of spent oils or greases accumulated at 16-9
Zoning regulations
Accessory uses and structures 24-151(bX1)
GARBAGE AND REFUSE
Beaches, littering 54
Burial of garbage 164
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
Supp. No. 5
2122
CODE INDEX
GARBAGE AND REFUSE—Cont'd. Section
Noncomplying trash collection 16-8
Permit for 16-6
Compost piles 16-5
Definitions 16-1
Depositing on vacant lots, streets, parks, etc. 16-5
Fees for collection 16-7
Garbage cans and trash containers
Emptying contents 16-2(d)
Inspection and approval 16-2(c)
Required 16-2(a)
Storage 16-2(b)
Garden trash 16-5
Leaves and grass clippings; tree trunks 16-3
Lot cleaning or clearing by contractors, etc.
Removal of trash and debris caused from operation of 16-9
Noncomplying trash collection 16-8
Nuisances. See also that subject
Abandoned building material, building rubbish, etc 12-1(bX7)
Abandoned debris, etc. 12-1(bX6)
Depositing garbage, etc 12-1(bX2)
Depositing rubbish 12-1(bX3)
Oil and grease accumulated at garages, filling stations, etc.
Removal of 16-9
Permit for collection, removal, transportation and disposal .. 16-6
Production of garbage, prima facie evidence of 16-10
Public sewers, use of
Limitations on discharge concentrations or quantities 22-130
Prohibited discharges of unground garbage, etc 22-129(4)
Removal of lot clearing,contractors' debris, etc 16-9
Tree trunks, limbs, etc. 16-3
Zoning regulations
Planned unit development (PUD)
Refuse collection, access for 24-136
GARDEN TRASH
Provisions re disposition of 16-5
GARDENS
Waterworks system
Water shortages; irrigation of flowers, foilage, etc 22-39
GAS
Mechanical code
Gas piping permit fee 6-77(2)
Public service tax on gas, electricity, etc. 20-16 et seq.
See: TAXATION
Public sewers, use of
Prohibited discharges 22-129
GASOLINE
Public sewers, use of
Prohibited discharges 22-129
Supp. No. 5
2123
ATLANTIC BEACH CODE
GAZEBOS Section
Zoning regulations
Accessory uses by zoning district 24-151(bX1)
GENDER
Defined 1-2
GLASS
Nuisances. See also that subject
Open storage of glass, building material, etc 12-1(bX7)
Public sewers, use of
Prohibited discharges of metal, glass, etc. 22-129(4)
GONGS
Noise. See also that subject
Noise in public places generally 11-2
Use of gongs on vehicles 11-4
GRASS CLIPPINGS
Public sewers, use of
Prohibited discharges of grass clippings 22-129(4)
GREASE. See: OILS, GREASE
GUARDHOUSES
Zoning regulations 24-158
GUNS. See: FIREARMS AND WEAPONS
H
HASHISH. See: DRUGS
HAWKING
Noise in public places generally 11-2
HEALTH AND SANITATION
Animal and fowl provisions
Interfering with health officer 4-2
Establishments offering dancing or live entertainment, zoning
regulations
Adverse effect upon public health, safety, etc 24-155
Noise provisions
Noise which endangers health or safety of others 11-1
Nuisances enumerated
Unsanitary conditions, conditions injurious to health of com-
munity, etc. 12-1
Wastewater system 22-56 et seq.
See: WASTEWATER SYSTEM
HEAT PUMPS
Building sewers and connections
Drainage from water -source heat pumps 22-108
Discharging water from heat pumps, nuisance provisions -12-1(b)
Abatement of nuisances, etc. See: NUISANCES
Supp: No. 5
2124
CODE INDEX
HEAT PUMPS—Cont'd. Section
Public sewers, use of
Discharging unpolluted waters from heat pumps into sani-
tary sewers 22-127
Waterworks system
Water shortages
Watering lawns by heat pumps 22-39(b)
HEIGHT LIMITS
Signs and advertising structures
Minimum height above sidewalks 17-9
Weeds, height of growth 23-36
Zoning regulations 24-82(b) et seq.
See: ZONING
HOGS
Keeping hogs 4-7
HOLIDAY SCHEDULE
Ordained and established 2-226
HOME OCCUPATIONS
Zoning regulations 24-159
HORNS
Noise in public places generally 11-2
HORSES
Maintaining stables 4-7
HOTELS
Dogs in hotels to be muzzled, leashed, etc 4-25
HOUSING
Fair housing 9-16 et seq.
See: FAIR HOUSING
Mobile homes 10-1 et seq.
See: MOBILE HOMES AND RECREATIONAL VEHICLES
HUMAN RELATIONS
Fair housing 9-16 et seq.
See: FAIR HOUSING
HUNTING
Hunting birds, wild fowl, etc 4-4
HYDRANTS. See also: FIRE HYDRANTS
Abandoned, wrecked, junked, etc., vehicles
Left unattended within fifteen feet of fire hydrants 21-25(aXl)
Signs and advertising structures
Signs obstructing fire escapes 17-6
Signs, posters, etc., prohibited on hydrants 17-8
Stopping, standing or parking vehicle within fifteen feet of fire
hydrant 21-17(4)
Supp. No. 5
2125
ATLANTIC BEACH CODE
I
IMPOUNDMENT Section
Abandoned, wrecked, junked, etc., vehicles
Removing and impounding 21-25
Towage and storage charges 21-26
Animal provisions 4-2 et seq.
See: ANIMALS AND FOWL
IMPROVEMENTS
Community development board
List of recommended capital improvements 14-20(6)
Recommending improvements for city 14-20(11)
Subdivision improvements 24-221 et seq.
See: SUBDIVISIONS
INDECENCY AND OBSCENITY
Alcoholic beverage establishments
Exposure of private parts in 13-17
Obscene matter prohibited 13-6
INSECTS, INSECT CONTROL
Nuisances enumerated
Allowing stagnant water to accumulate, prevention of the
propagation of mosquitoes 12-1(bX4)
Abatement of nuisances, etc. See: NUISANCES
INSURANCE
City employees retirement system
Insurance coverage for retirants and beneficiaries 2-293
Insurance premium taxes 20-76 et seq.
See: TAXATION
Old -age and survivors insurance 2-241 et seq.
See: OFFICERS AND EMPLOYEES
Signs and advertising structures
Liability insurance required for certain signs 17-3
INTERSECTIONS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended within intersection 21-25(ax1)
Signs and advertising structures
Obstructing vision or view 17-5
Stopping, standing or parking vehicles within twenty feet of
intersection 21-17(3)
Subdivisions
Design and construction standards
Intersections of right angles 24-252(1)
Property lines rounded at intersections 24-252(g)
INTOXICATING LIQUOR. See: ALCOHOLIC BEVERAGES
J
JUNK
Parking, storing or leaving of junked vehicles 21-24 et seq.
See: TRAFFIC
Supp. No. 5
2126
CODE INDEX
L
LAKES. See: WATERCOURSES, WATERWAYS
LANDSCAPING
Zoning regulations
Planned unit development (PUD)
LAWNS
Waterworks system
Water shortages; irrigation of lawns
LEASHING DOGS
Provisions re
LEAVES AND GRASS CLIPPINGS
Garbage and refuse collection and disposal
LICENSES AND PERMITS
Alcoholic beverages
Persons not holding licenses to sell
Building sewers and connections, permits
Coastal construction
Digging up streets
Permit required of public utilities
Electrical permits
See: ELECTRICAL CODE
Garbage and trash collection, removal, etc.
Permit for
Licensed master electricians
Loudspeakers equipment, permit for operation of
Mechanical permits
Occupational license tax
See: TAXATION
Parades and processions, permits for
Plumbing permit
See: PLUMBING CODE
Private wastewater disposal, permits
Public address or loudspeaker equipment, permit for operation
of
Sign permits
See: SIGNS AND ADVERTISING STRUCTURES
Solicitor permits
See: SOLICITORS, PEDDLERS, ETC.
Subdivisions
Construction permits
Trees
Building official
Authority regarding supervision of work, under permits .
Permits for removal of trees
Zoning
Building permits 24-47(7), 24-65
Implementation of planned unit development
Permits required
Permits for temporary construction trailers or structures . .
Section
24-135(0
22-39
4-25
16-3
3-3
22-102, 22-103
6-20
19-2
6-35 et seq.
16-6
6-33 et seq.
11-8
6-77
20-51 et seq.
21-2
6-58 et seq.
22-88
11-8
17-31 et seq.
18-16 et seq.
24-206
23-17
23-18
Supp. No. 5
2127
24-134(d)
24-66
ATLANTIC BEACH CODE
LIENS Section
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
LIVE ENTERTAINMENT
Zoning regulations 24-155
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
Vacant lots
Dogs and cats running at large 4-24
Zoning regulations 24-82(c) et seq.
See: ZONING
Supp. No. 5
2128
CODE INDEX
LOUDSPEAKERS Section
Alcoholic beverage establishments
Playing of musical or noise -producing equipment outside of
buildings 3-10
Noise provisions 11-8
M
MAGAZINES
Obscene matter prohibited 13-6
MAIL
Definition of "registered mail" 1-2
MAPS
Community development board
Recommending proposed changes in official map of city 14-20(3)
Subdivision, preliminary plats
Vicinity map 24-204
Zoning map
Administrative official's powers and responsibilities 24-47(4), (5)
Certain ordinances saved from repeal 1-5
MARIJUANA. See: DRUGS
MARQUEE OR AWNING SIGNS
Permitted signs 17-2(bX6)
Additional provisions re signs. See: SIGNS AND ADVER-
TISING STRUCTURES
MAYOR -COMMISSIONER. See: CITY COMMISSION
MECHANICAL CODE
Adoption 6-76
Inspection fee 6-77
MERCHANDISE
Zoning regulations
Display of used merchandise outside of business 24-154
METERS
Water meters 22-21 et seq.
See: WATERWORKS SYSTEM
MILITARY
City employees retirement system
Military service credit 2-275
MINIWAREHOUSES
Zoning regulations 24-160
MINORS
Child care centers
Zoning regulations 24-152
Children playhouses
Zoning regulations
Accessory uses by zoning district 24-151(bX1)
Supp. No. 5
2129
ATLANTIC BEACH CODE
MINORS—Cont'd.
Definition of "person" to include children
Nuisances
Abandoned refrigerators, vehicles, etc., proving hazards for
inquisitive minors 12-1(bX6)
Abatement of nuisances, etc. See: NUISANCES
MISDEMEANORS
State misdemeanors 13-1
MOBILE HOMES AND RECREATIONAL VEHICLES (Mobile
homes, campers, travel trailers, boats, etc.)
Coastal construction re 6-18 et seq.
See: COASTAL CONSTRUCTION CODE
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Definitions 10-1
Minimum requirements for parks 10-2
Stopping, standing or parking of recreational vehicles 21-22(b)
Zoning regulations 24-151(bX1), 24-163
Water shortages
Washing of trailers, boats, etc 22-39(e)
Zoning regulations
Accessory uses by zoning district
Parking of recreational vehicles 24-151(bX1)
Storage and parking of vehicles and equipment in residen-
tial districts 24-163
Temporary construction offices 24-168
Temporary residence, campers and trailers 24-82(h)
MONTH
Defined 1-2
Section
1-2
MONUMENTS
Subdivisions
Design and construction standards
Required improvements, monuments 24-256
MOSQUITOES
Nuisances enumerated
Preventing propagation of mosquitoes 12-1(bX4)
Abatement of nuisances, etc. See: NUISANCES
MOTOR VEHICLES AND OTHER VEHICLES
Beaches
Barricades preventing entry of vehicles and other traffic 5-18
Operation of motorized apparatus within 200 feet of beach 5-7
Safety zones, use of vehicles prohibited 5-17
Impounding vehicles for animals
Breaking open gate, etc., of vehicle 4-3
Noise. See also that subject -
Blowing horns; taxicab drivers soliciting passengers; etc11-2
Use of sirens, whistles, etc., on vehicles 11-4
Supp. No. 5
2130
CODE INDEX
MOTOR VEHICLES AND OTHER VEHICLES—Cont'd.
Nuisances enumerated
Abatement of nuisances, etc. See: NUISANCES
Obstruction of passage of vehicle
Recreational vehicles
See: MOBILE HOMES AND RECREATIONAL VEHICLES
Traffic regulations
See: TRAFFIC
Water shortages
Washing of vehicles
Zoning regulations
See: ZONING
Section
12-1(bX6), (7)
13-2
10-1 et seq.
21-1 et seq.
22-39(e)
24-163 et seq.
MOTORIZED APPARATUS
Beaches
Operation of motorized apparatus within 200 feet of beach
MUFFLERS
Noise provisions
Muffling of blowers, power fans and engines
MULES
Maintaining stable
MUSIC
Noise provisions
See: NOISE
MUZZLES
Dogs
N
NATIONAL ORIGIN
Discrimination because of, fair housing
See: FAIR HOUSING
Supp. No. 5
2130.1
5-7
11-7
4-7
11-2 et seq.
4-25, 4-28
9-16 et seq.
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. 5
2133
ATLANTIC BEACH CODE
OFFICERS AND EMPLOYEES—Cont'd. Section
Deaths
Retirement system. See herein that subject
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
.d pa 4. ono .. f co 4r,'b..,t-z.,,.,.,,, k-. city
Appropriations ui'cu yuJuc.,xxe w ..,JSLu 1u uoxGlm IJy LbJ
Custodian of funds and withholding and reporting agent
Designation of 2-248
Exclusions2-246
Executive of agreements by mayor -commissioner 2-242
Records and reports 2-245
Social Security Act, acceptance of 2-247
Statement of policy 2-241
Withholdings from wages 2-243
Pensions
Old -age and survivors insurance. See herein that subject
Retirement system. See herein that subject
Retirement system
Assignments prohibited - , 2-295
Benefit groups 2-263
Board of trustees -
Actuarial data; report to city commission 2-265
Compensation 2-269
Composition 2-266
Meetings, quorum, voting 2-269
Responsibilities and duties generally 2-264
Term of office; oath of office 2-267
Vacancy, filling 2-68
Voting 2-269
Chairperson, secretary, treasurer, etc. 2-270
Compulsory separation from employment; extensions; retirement 2-277
Created, purpose 2-261
Credited service 2-272
Loss of credited service 2-273
Military service credit 2-275
Reinstatement of credited service 2-274
Supp. No. 5
2134
CODE INDEX
OFFICERS AND EMPLOYEES—Cont'd. Section
Death while in city employment 2-283, 2-284
Automatic pension to spouse and/or children 2-284
Elective survivor pension 2-283
Deferred retirement upon separation from employment (vesting) 2-278
Definitions 2-262
Supp. No. 5
2134.1
CODE INDEX
PICNICS Section
Beaches, picnicking on 5-3
PICTURES
Obscene matters prohibited 13-6
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
PLANNING
Community development board
Appeals 14-24
Certification of board actions to the city manager 14-21
Composition 14-17
Cost 14-26
Created 14-16
Duties 14-20
Enforcement; penalties ' •14-27
Legal proceedings 14-28
Local planning agency 14-22
Officers 14-17
Petition of illegality 14-25
Powers 14-20
Planned unit development (PUD)
Action by community development board 24-132(b)
Proceedings of the board 14-23
Qualifications of members 14-17
Removal of members 14-19
Terms of office of members 14-18
Vacancies, filling 14-18
Zoning. See also that subject
Community development board to serve as planning agency . 24-48, 24-49
Comprehensive plan 14-1
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
Supp. No. 5
2137
ATLANTIC BEACH CODE
PLUMBING CODE—Cont'd. Section
Code enforcement board's jurisdiction re 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
POISONOUS SOLIDS, LIQUIDS OR GASES
Public sewers, use of
Prohibited discharges 22-129
POLE SIGNS
Permitted signs 17-2(bX5)
Additional provisions re signs. See: SIGNS AND ADVER-
TISING STRUCTURES
POLES AND WIRES
Signs and advertising structures
Signs, posters, etc., prohibited on utility poles, telephone
poles, etc. 17-8
Trees
Damaging by permitting wires, chains, etc., to be installed
around tree 23-19
Zoning regulations
Height limitations for flagpoles, etc 24-156(b)
POLICE DEPARTMENT
Additional court costs assessed for police training 15-1
Animal and fowl provisions
Interfering with police officer 4-2
Chief of police
Appointment, compensation 2-51
Confiscated or lost property, disposition of
Duties of chief 15-16 et seq.
Duties and authority 2-52
Powers and authority 2-53
Confiscated or lost property, disposition of
Destruction 15-20
Hours of sales 15-19
Notice of sales 15-18
Sale of confiscated property 15-16
Sale of lost and found property 15-17 •
Supp. No. 5
2138
CODE INDEX
SIGNS AND ADVERTISING STRUCTURES—Cont'd. Section
Bond or public liability insurance
Required for certain signs 17-3
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Community development board 14-16 et seq.
See: PLANNING
Concealing rear of sign structure 17-16
Damaged signs, removal of 17-7
Doors and windows
Signs obstructing 17-6
Signs, posters, etc., prohibited on 17-8
Electric code, compliance with 17-12
Electrical conductors, proximity to 17-15
Electrical permits 17-12
Electrical wiring, installation of 17-13
Electricity, static 17-14
Exemptions
Certain signs exempted from operation of provisions 17-1
Fire and traffic hazards
Signs creating 17-4
Fire escapes, signs obstructing 17-6
Flashing, revolving or blinker -type outdoor lights 17-10
Flat signs
Permitted signs 17-2(bX1)
Height
Minimum height above sidewalks 17-9
Horizontal projecting signs
Permitted signs 17-2(bX2)
Insurance required for certain signs 17-3 "
Maintenance generally; removal of damaged signs 17-7
Maintenance of signs on state highway rights-of-way 17-35
Marquee or awning signs
Permitted signs 17-2(bX6)
"No soliciting" or "no peddlers" signs on premises 18-2(3)
Noise interfering with schools, courts or churches
Conspicuous signs to be displayed in streets, etc. 11-10
Nonconforming signs 17-17
Obstructing doors, windows and fire escapes 17-6
Obstructing vision or view at street intersections, etc 17-5
Permits
Application for 17-32
Computation of sign area 17-33
Electrical permits 17-12
Fees 17-34
Maintenance of signs on state highway rights-of-way .. 17-35
Required 17-31
Permitted signs 17-2
Pole signs
Permitted signs 17-2(bX5)
Supp. No. 5
2143
ATLANTIC BEACH CODE
SIGNS AND ADVERTISING STRUCTURES—Cont'd. Section
Rear of sign structure, concealing 17-16
Roof signs
Permitted signs 17-2(bX4)
Securing signs 17-11
Setback requirements 17-12
Sidewalks. See herein: Streets and Sidewalks
Sign area, computation of 17-33
State highway rights-of-way
Maintenance of signs on 17-35
Streets and sidewalks
Minimum height above sidewalks; maximum projection 17-9
Signs interfering with use of 17-4
Signs, posters, etc., prohibited on sidewalks or streets 17-8
Traffic. See also that subject
Confusion with, use of words ontraffic-control signs 17-5
Signs creating traffic hazards 174
Signs obstructing vision or view 17-5
Utility Ypolys
v ia.,
Signs, posters, etc., prohibited on 17-8
Vertical projecting signs
Permitted signs 17-2(bX3)
Walls, fences, etc.
Signs, posters, etc., prohibited on 17-8
Windows. See herein: Doors and Windows
Zoning regulations 24-166
Posting signs on property undergoing zoning proceedings 24-47(9)
SIRENS
Noise provisions
Use of sirens on vehicles 11-4
SITES
Zoning regulations . 24-103(d)
See: ZONING
SLEEPING
Loitering,.sleeping, etc., in streets, parks, etc 13-2
SMOKESTACKS
Zoning regulations
Height limitations 24-156
SOCIAL SECURITY
Old -age and survivors insurance 2-241 et seq.
See: OFFICERS AND EMPLOYEES
SOIL
Subdivisions _
Design and construction standards
Soil and flood hazards 24-251(3)
Supp. No. 5
2144
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. 5
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
Zoning regulations
Planned unit development (PUD)
Design ln LVnstr4ctiolof storm 3vVier 24-1'46(4)
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: Fxcavations
Dogs on streets to be leashed, muzzled, etc 4-25
Dogs or cats running at large on public streets 4-24
Excavations
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite street excavations . 21-25(aX2)
Digging up streets prohibited; exception as to public utili-
ties; etc. 19-2
Stopping, standing or parking vehicles alongside or opposite
any street excavation 21-17(7)
Garbage, trash, etc.
Depositing on streets, etc 16-5
Loitering, obstructions, etc., in public places 13-2
Mobile home parks and recreational vehicle parks
Requirement for streets 10-2
Naming, renaming
Certain ordinances saved from repeal 1-5
Supp. No. 5
2146
CODE INDEX
STREETS, SIDEWALKS AND OTHER. PUBLIC PLACES—Cont'd. Section
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
Application procedure
Completion of improvements prior to recording of plat 24-232
Concept plan; submittals and review process
Fees 24-203(c)
Supp. No. 5
2147
ATLANTIC BEACH CODE
SUBDIVISIONS—Cont'd. Section
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(1)
Required submittals 24-206(b)
Sewer and water commitment 24-206(c)
Term of construction permit and revocation 24-206(g)
Unlawful to construct without construction permit 24-206(h)
Final plat; submittals and review process
Fees 24-205(c)
Required submittals 24-205(a)
Review process 24-205(b)
General requirements 24-201
Permits. See within this subheading: Construction Plans,
Specifications and Permits
Plat review procedure 24-202
Preliminary plat; submittals and review process
Construction plan and specification review 24-204(e)
Fees 24-204(c)
Required submittals 24-204(a)
Review process 24-204(b)
Time limit 24-204(d)
Vacation of plats 24-189
Blocks
Design and construction standards 24-254
Building setback lines
Design and construction standards, lots 24-255(1)
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
Design and construction standards
Blocks 24-254
Conformity to city policies 24-251(1)
Construction plans and specifications, general 24-251(5)
Supp. No. 5
2148
CODE INDEX
SUBDIVISIONS—Cont'd. Section
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. 5
2148.1
CODE INDEX
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES—Cont'd. Section
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 174
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 244
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)
Supp. No. 5
2147
ATLANTIC BEACH CODE
SUBDIVISIONS—Cont'd. Section
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)
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(aXl)
Preliminary plat
Construction plan 24-204(e)
Construction plans
Application procedure. See herein that subject
Definitions 24-17
Design and construction standards
Blocks 24-254
Conformity to city policies 24-251(1)
Construction plans and specifications, general 24-251(5)
Easements
Drainage, watercourses 24-2Z3(h`
Other drainage easements 24-253(c)
No city expense 24-253(e)
Supp. No- 5
2148
CODE INDEX
SUB DIVISIONS—Cont'd. Section
Pedestrian and service easements 24-253(d)
Utilities 24-253(a)
General construction methods 24-251(4)
General requirements 24-251
Supp. No. 5
2148.1
CODE INDEX
SUBDIVISIONS—Cont'd. Section
Street signs, traffic signs, etc.
Required improvements 24-221
Streets
Design and construction standards. See also herein that subject
Construction plans and specifications, generally 24-251(5)
Generally 24-252
Lots, street access 24-255(d)
Required improvements 24-221
Traffic signs and signals
Required improvements 24-221
Utilities
Construction plans, specifications and permits
Sewer and water commitment 24-206(c)
Easements
Design and construction standards 24-253
Required improvements 24-221
Vacation of plats 24-189
Waiver 187
Water, water system, etc.
Application for water service in new subdivisions 22-37
Construction plans, specifications and permits
Sewer and water commitment 24-206(c)
Required improvements
Water system 24-258
Water system, water management facilities 24-221
Wells
Design and construction standards
Lots, provisions re septic tanks or wells 24-255(b)
Zoning regulations 24-31 et seq.
See: ZONING
SUBPOENAS
Code enforcement board's power to subpoena witnesses, records,
etc. 2-148
SUPPLEMENTATION OF. CODE
Revisions re 1-10
SURETY BOND. See: BOND, SURETY
SURFACE WATER. See: DRAINAGE
SURFBOARDS
Beaches, provisions re using or riding surfboards 5-5
SURVEYS
Community development board
Special survey work of city manager 14-20(10)
Code enforcement board's power to subpoena surveys, plats,
etc. 2-148
SWIMMING
Beaches. See that subject
Supp. No. 5
2151
ATLANTIC BEACH CODE
SWIMMING POOL CODE Section
Adoption 6-91
SWIMMING POOLS
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Enclosed or roofed pools to comply with building code and
zoning regulations 6-92
Water shortages
Filling swimming pools 22-39(eX3)
Zoning regulations
Accessory uses by zoning districts 24-151(bX1)
Supplementary regulations 24-164
SYNDICATES
Definition of "person" to include syndicates 1-2
T
TAXATION
Certain of dinari es saved fx oxn repeal 1-5
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Insurance premium taxes
Casualty risks 20-76
Payment date 20-78
Property insurance 20-77
Occupational license tax
Business falling under more than one classification 20-55
Compliance by licensees 20-56
Definitions 20-51
Due date and delinquencies; penalties 20-54
Exemptions 20-58
Half-year licenses 20-53
Levy 20-52
Operating of more than one location 20-55
Schedule of fees 20-59
Transfer 20-57
Public service tax
Duty of seller to collect tax and pay same to city 20-17
Exemption of governmental agencies and churches 20-19
Failure of seller to collect tax 20-17
Imposed, amount 20-16
Nonpayment of tax
Authority of seller to discontinue service 20-17
Payment to be made to seller 20-16
Records to be kept by seller 20-18
Inspection of records by city agents 20-18
Telephone service
Duty of seller to collect 20-33
Exemptions 20-32
Levy; when payable 20-31
Supp. No. 5
2152
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 and responsibilities
Construction within the districts
Use by exception
Variances
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
RS -1 residential single-family districts
RS -2 residential single-family districts
Supp. No. 5
2163
Section
24-135(e)
24-136(c).
24465(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
24-47(3)
24-66
24-63
24-64
24-82(h)
24-81
24-65
24-47(7)
24-151
24-111(0
24-110(0
24-109(f)
24-112(0
24-103(0
24-106(0
24-107(f)
24-108(f)
24-104(0
24-105(0
ATLANTIC BEACH CODE
ZONING—Cont'd. Section
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(f)
Intent 24-111(a)
Minimum lot or site requirements 24-111(d)
Minimum yard requirements 24-111(e)
Permitted uscs 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)
Minimum lot or site requirements 24-110(d)
Minimum yard requirements 24-110(e)
Permitted uses 24-110(b)
Uses by exception
24-110(c)
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. 5
2164
CODE INDEX
ZONING—Cont'd. Section
Building restrictions 24-109(f)
Intent 24-109(a)
Minimum lot or site requirements 24-109(d)
Minimum yard requirements 24-109(e)
Permitted uses 24-109(b)
Uses by exception 24-109(c)
Dancing or live entertainment
Establishments offering 24-155
Definitions 24-17
Density, maximum
Building restrictions
OR open rural districts 24-103(0
Density of developments
Planned unit development (PUD) 24-135(a)
Density of population 24-82(d)
Display of used merchandise outside of business 24-154
Districts. See also herein specific districts
Boundaries of districts, rules for determining 24-81
Construction within the districts 24-66
Establishment of districts 24-101, 24-102
Special use districts 24-113
Exceptions
Height limitations, exceptions to 24-156
Uses by exception. See herein that subject
Fences, walls, etc.
Parapet walls, height limitations 24-156(b)
Planned unit development (PUD)
Privacy, provisions re fences 24-135(0
Site plan review 24-167(e)
Supplementary regulations 24457
Swimming pools 24-164(3)
Garages
Accessory uses and structures 24-151(bX1)
Temporary residence 24-82(h)
General provisions and exceptions 24-81 et seq.
See also herein specific subjects
General restrictions upon land, buildings and structures 24-82
Guardhouses and security buildings 24-158
Height limits, restrictions
Accessory uses and structures, height limits 24-151(bX3)
Building restrictions, maximum building height
OR open rural districts 24-103(f)
RS -1 residential single-family districts 24-104(0
RS -2 residential single-family districts 24-105(0
Exceptions to height limitations 24-156
General restrictions upon buildings and structures 24-82(b)
Maximum building height, building restrictions
CG commercial general districts 24-111(0
CL commercial limited district 24-110(0
Supp. No. 5
2165
ATLANTIC BEACH CODE
ZONING—Cont'd. Section
CPO commercial professional and offices districts 24-109(0
ILW industrial light and warehousing districts 24-112(f)
RG -1 and RG -1A residential general—Two-family districts 24-106(0
RG -2 and RG -3 residential general—Multiple-family districts 24-107(0
RMH residential mobile home districts 24-108(0
Home occupations 24-159
ILW industrial light and warehousing districts
Building restrictions 24-112(0
Intent 24-112(a)
Minimum lot or site requirements 24-112(d)
Minimum yard requirements 24-112(e)
Permitted uses 24-112(b)
Uses by exception 24-112(c)
Jurisdiction 24-3
Landscaping
Fences, hedges and walls. See herein that subject
Privacy, provisions re landscaping 24-135(0
Tree removal or damage 24-169
Language and definitions
Construction of language 24-16
Definitions 24-17
Lights, lighting
Service stations 24-165(4)
Swimming pools 24-164(1)
Lots
Accessory structures on lots 24-151(bX3)
Double frontage lots 25-84(b)
Maximum lot coverage, building restrictions
CG commercial general districts 24-111(f)
CL commercial limited district 24-110(0
CPO commercial professional and offices districts 24-109(0
ILW industrial light and warehousing districts 24-112(0
OR open rural districts 24-103(0
RG -1 and RG -1A residential general—Two-family districts 24-106(0
RG -2 and RG -3 residential general—Multiple-family districts 24-107(0
RMH residential mobile home districts 24-108(0
RS -1 residential single-family districts 24-104(0
RS -2 residential single-family districts 24-105(0
Minimum lot coverage 24-82(i)
Minimum lot or site requirements
CG commercial general districts 24-111(d)
CL commercial limited district 24-110(d)
CPO commercial professional and offices districts 24-109(d)
ILW industrial light and warehousing districts 24-112(d)
OR open rural districts 24-103(d)
RG -1 and RG -1A residential general—Two-family districts 24-106(d)
RG -2 and RG -3 residential general—Multiple-family districts 24-1O (d)
RMH residential mobile home districts 24-108(d)
Supp. No. 5
2166
CODE INDEX
ZONING—Cont'd. Section
RS -1 residential single-family districts 24-104(d)
RS -2 residential single-family districts 24-105(d)
Percentage of lot occupancy 24-82(c)
Required lot and occupancy 24-82(0
Service stations, lot dimensions 24-165(1)
Site plan review, lot requirements 24-167(f)
Substandard lots of record 24-83
Supp. No. 5
2166.1
CODE INDEX
ZONING—Cont' d. Section
Minimum lot or site requirements 24-104(d)
Minimum yard requirements 24-104(e)
Uses by exception 24-104(c)
RS -2 residential single-family districts
Building restrictions 24-105(f)
Intent 24-105(a)
Minimum lot or site requirements ...................24-105(d)
Minimum yard requirements 24-1.05(e)
Permitted uses 24-105(b)
Uses by exception 24-105(c)
Scope of provisions' 24-31
Secondary dwelling 24-86
Security buildings 24-158
Service stations 24-165
Access to site 24-165(2)
Lighting 24-165(4)
Location of pumps and structures 24-165(3)
Lot dimensions 24-165(1)
Setbacks
Swimming pools 24-164(2)
Shacks
Temporary residence 24-82(h)
Signs generally 24-166
Signs posted on property undergoing zoning proceedings
Administrative official's powers and responsibilities 24-47(9)
Site, access to
Service stations 24-165(2)
Site plan review 24-167
General conditions which may be attached 24-167(d)
Lot requirements 24-167(f)
Procedures 24-167(b)
Purpose 24-167(a)
Site plan generally 24-167(c)
Walls 24-167(e)
Site requirements
Minimum site requirements. See herein: Lots
Planned unit development (PUD) 24-129(b)
Special use districts 24-113
Stopping, standing or parking buses or commercial vehicles in
residential zones 24-22(aX2)
Storage and parking of vehicles and equipment in residential
districts 24-163
Storage/tool sheds, accessory uses and structures 24-151(b)(1)
Subdivision regulations 24-186 et seq.
See: SUBDIVISIONS
Supplementary regulations
Accessory uses and structures 24-151
Child care centers 24-152
Churches 24-153
Supp. No. 5
2169
ATLANTIC BEACH CODE
ZONING—Cont'd. Section
Display of used merchandise outside of business 24-154
Establishments offering dancing or live entertainment 24-155
Fences, hedges and walls 24-157
Guardhouses and security buildings 24-158
Height limitations, exceptions to 24-156
Home occupations 24-159
Miniwarehouses 24-160
Off-street parking and loading 24-161
Parking lots 24-162
Service stations 24-165
Signs 24-166
Site plan review 24-167
Storage and parking of vehicles and equipment in residen-
tial districts 24-163
Swimming pools 24-164
Temporary construction offices 24-168
Tree removal or damage 24-169
ULiiiiy si,ruc ures 24-170
Swimming pools 24-164
Accessory uses by zoning district 24-151(bX1)
Fences 24-164(3)
Enclosures, roofs to comply with zoning regulations 6-92
Lights 24-164(1)
Setbacks 24-164(2)
Temporary construction offices 24-168
Temporary construction trailers or structures 24-66(a)
Temporary residences 24-82(h)
Accessory structures 24-151(bX3)
Tents, shacks, etc.
Temporary residence 24-82(h)
Trailers
Temporary residence 24-82(h)
Tree removal or damage 24-169
Use generally
General restrictions upon land, buildings and structures 24-82(a)
Used merchandise
Display of outside of business 24-154
Uses, accessory 24-151
Uses by exception 24-63
CG commercial general districts 24-111(c)
CL commercial limited district 24-110(c)
CPO commercial professional and offices districts 24-109(c)
ILW industrial light and warehousing districts 24-112(c)
OR open rural districts 24-103(c)
RG -1 and RG -1 A. residential general—Two-family districts 24-106(c)
RG -2 and RG -3 residential general—Multiple-family districts 24-107(c)
RMH residential mobile home districts 24-108(c)
RS -1 residential single-family districts 24-104(c)
RS -2 residential single-family districts 24-105(c)
Supp. No. 5
2170
CODE INDEX
ZONING—Cont'd.
Uses, nonconforming
Uses, permitted
CG commercial general districts
CL commercial limited district
CPO commercial professional and offices districts
ILW industrial light and warehousing districts.
OR; open rural districts .......,
Planned unit development (PUD)
Wavier of use restrictions
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
RS -1 residential single-family districts
RS -2 residential single-family districts
Utilities
Planned unit development (PUD)
Utility structures
Supplementary regulations
Variances
Administrative official's powers and responsibilities
Community development board authorizing, granting . .
Nonconformance not grounds for variance
Vehicles
Off-street parking and loading. See herein that subject
Storage and parking of vehicles and equipment in residen-
tial districts
Waivers
Planned unit development(PUD)
Waiver of yard, dwelling unit, frontage criteria, etc
Walls. See herein: Fences, Hedges and Walls
Warehouses
ILW industrial light and warehousing
that subject
Miniwarehouses.
Yards and other open spaces
Accessory uses and structures; encroachments in yards, etc
Minimum yard requirements
CG commercial general districts
CL commercial limited district
CPO commercial professional and 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
RS -1 residential single-family districts
RS -2 residential single-family districts
Obstruction; double frontage lots
Open space use limitations
districts. See herein
Supp. No 5-
2171
Section
24-85
24-111(b)
24-110(b)
24-109(b)
24-112(b)
24-103(b)
24-129
24-135(c)
24-106(b)
24-107(b)
24-108(b)
24-104(b)
24-105(b)
24-136
24-170
24-64
24-47(3), (8)
24-49
24-85(c)
24-163
24-135(c)
24-160
24-151(bX3)
24-111(e)
24-110(e)
24-109(e)
24-112(e)
24-103(e)
24-106(e)
24-107(e)
24-108(e)
24-104(e)
24-105(e)
24-84
24-82(e)
ATLANTIC BEACH CODE
ZONING—Cont'd. Section
Planned unit development (PUD)
Open space 24-135(b)
Support legal documents for open space 24-135(d)
Waiver of yard restriction 24-135(c)
Zoning map
Administrtive official's powers and responsibilities 24-47(4), (5)
Boundaries of zoning districts, rules for determining 24-81
Certain ordinances saved from repeal 1-5
Supp. No. 5
2172