AB Code Supplement 4SUPPLEMENT NO. 4
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. 5-86-14, enacted January 27, 1986.
See Code Comparative Table, page 1993.
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MUNICIPAL CODE CORPORATION
Tallahassee, Florida
April, 1986
Note -An updated checklist of pages in Code is included, following Table
of Contents.
TABLE OF CONTENTS
Page
Officials of the City at Time of Codification iii
Preface v
Adopting Ordinance vii
Checklist of Up -to -Date Pages []j
PART I
CHARTER
Charter 1
Art. I. Incorporation; Form of Government; Powers 1
Art. II. The Commission 5
Art. III. The City Manager 9
Art. IV. City Comptroller, City Clerk, City Treasurer and
City Tax Assessor 10
Art. V. Department of Public Safety 11
Art. VI. Budget 11
Art. VII. Department of Finance 11
Art. VIII. Department of Personnel 11
Art. IX. Elections 12
Art. X. Initiative and Referendum 15
Art. XI. Recall 17
Art. XII. Franchises 18
Art. XIII. Tax Administration 18
Art. XIV. Zoning 18
Art. XV. Issuance of Bonds 22
Art. XVI. Municipal Court and Department of Law 22
Art. XVII. Suits Against the City 23
Art. XVIII. General and Miscellaneous Provisions 23
Art. XIX. When Act Takes Effect 28
Charter Comparative Table—Special Acts 79
Charter Comparative Table—Ordinances 91
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions 103
2. Administration 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
Art. II. Dogs and Cats 301
5. Beaches 353
Art. I. In General 353
Art. II. Safety Zone 354
6 Buildings and Building Regulations 405
Art. I. In General 405
Art. II. Building Code 405
Art. III. Electrical Code 409
Art. IV. Plumbing Code 412
Art. V. Mechanical Code 413
Art. VI. Swimming Pool Code 415
Art. Vil. Numbering of Buildings 416
7. Fire Prevention and Protection 469
Art. I. In General 469
Art. II. Fire Prevention Code 469
8. Flood Hazard Districts 521
9. Human Relations 577
Art. I. In General 577
Art. II. Fair Housing 577
10. Mobile Homes and Recreational Vehicles 631
11. Noise 683
12. Nuisances 735
13. Offenses 787
14. Planning 839
Art. I. In General 839
Art. II. Advisory Planning Board 839
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TABLE OF CONTENTS—Cont'd.
Chapter Page
15. Police 891
Art. I. In General 891
Art. II. Disposition of Confiscated or Lost Property 891
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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 "00" indicate the pages have not been re-
printed in the Supplement Service and appear as published for the original
Code. When a page has been reprinted or printed in the Supplement Service,
this column reflects the identification number or Supplement Number printed
on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in
compiling an up-to-date copy from the original Code and subsequent Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page OC 165, 166 4
iii OC 166.1 4
v, vi OC 167, 168 1
vii, viii 1 169, 170 1
ix, x 4 170.1 1
x.i 4 171, 172 OC
xi, xii 3 173, 174 OC
1, 2 OC 175, 176 OC
3, 4 OC 177, 178 3
5, 6 OC 178.1 3
7, 8 OC 179, 180 OC
9, 10 OC 181, 182 OC
11, 12 OC 183, 184 OC
13, 14 OC 185, 186 2
15, 16 OC 186.1 2
17, 18 OC 187, 188 OC
19, 20 OC 189, 190 OC
21, 22 OC 191, 192 OC
23, 24 OC 193, 194 OC
25, 26 OC 195, 196 3
27, 28 OC 245, 246 OC
79 OC 247, 248 3
91 OC 299, 300 OC
103, 104 OC 301, 302 OC
105, 106 OC 303 OC
107, 108 OC 353, 354 4
159, 160 4 355 4
161, 162 OC 405, 406 OC
163, 164 OC 407, 408 00
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ATLANTIC BEACH CODE
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1223, 1224 2 1457, 1458 2
1225, 1226 OC 1459, 1460 2
1227 OC 1461, 1462 4
1277, 1278 3 1463, 1464 OC
1279, 1280 3 1465, 14.66 OC
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CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
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1475, 1476 3 2120.1 3
1477, 1478 OC 2121, 2122 1
1479, 1480 OC 2122.1 1
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1483 OC 2125, 2126 OC
1983, 1984 OC 2127, 2128 OC
1985 OC 2129, 2130 3
1987, 1988 OC 2131, 2132 3
1989, 1990 OC 2133, 2134 OC
1991, 1992 2 2135, 2136 OC
1993 4 2137, 2138 1
2043 OC 2139, 2140 4
2053, 2054 OC 2140.1 4
2055 2 2141, 2142 OC
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2109, 2110 OC 2166.1 4
2111, 2112 OC 2167, 2168 OC
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2114.1 4 2171, 2172 4
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Chapter 2
ADMINISTRATION*
Art. I. In General, §§ 2-1-2-15
Art. II. City Commission, §§ 2-16-2-30
Art. III. City Manager, §§ 2-31-2-40
Art. IV. Departments, §§ 241-2-130
Div. 1. Generally, §§ 2-41-2-50
Div. 2. Police Department, §§ 2-51-2-60
Div. 3. Fire Department, §§ 2-61-2-70
Div. 4. Department of Finance, §§ 2-71-2-78
Div. 5. Department of Public Works, §§ 2-79-2-140
Art. V. Boards and Commissions, §§ 2-131-2-225
Div. 1. Generally, §§ 2-131-2-140
Div. 2. Code Enforcement Board, §§ 2-141-2-225
Art. VI. Employer Benefits, §§ 2-226-2-2-310
Div. 1. Generally, §§ 2-226-2-240
Div. 2. Old -Age and Survivors Insurance, §§ 2-241-2-260
Div. 3. Retirement System, §§ 2-261-2-310
Art. VII. Finance, §§ 2-311-2-366
Div. 1. Generally, §§ 2-311-2-330
Div. 2. Purchasing, §§ 2-331-2-355
Div. 3. Uniform Travel Policy and Procedure, §§ 2-356-2-366
Div. 4. Service and User Charges, §§ 2-367, 2-368
ARTICLE I. IN GENERAL
Secs. 2-1-2-15. Reserved.
ARTICLE II. CITY COMMISSIONt
Sec. 2-16. Time and place of regular meetings.
The regular meetings of the city commission shall be held on the second and fourth
Mondays of each month, except December, in city hall, at 7:15 p.m. If the second or fourth
Monday falls on a holiday, the regular meeting shall be held on the Tuesday immediately
*Charter references—Form of government, § 3; general powers, § 4.
Cross references—Planning, Ch. 14; advisory planning board, § 14-16 et seq.; police, Ch.
15; taxation, Ch. 20; utilities, Ch. 22; administration of zoning regulations, § 24-46 et seq.
State law references—Public records, F.S. Ch. 119; public meetings and records, F.S. §
286.011.
tCharter reference—The commission, § 5 et seq.
State law references—Code of ethics for public officers and employees, F.S. § 112.311 et
seq.
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§ 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.st,hiQrt 4.n anneal to the nity 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. 4
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ADMINISTRATION § 2-73
limits of the city, and to execute all papers and process of the city or its authorities relating
thereto, and to perform such other duties as may be lawfully required of him. Subject to the
authority and instruction of the city commission and under the supervision of the director of
public safety, the fire chief shall have and exercise control over the fire department.
(Laws of Fla., Ch. 57-1126, § 40; Ord. No. 57-78-7, § G, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83)
Sec. 2-63. Life guard division.
The life guard division shall be under the supervision of the life guard captain, who shall
be responsible to the chief of police. The functions of the division shall be as follows:
(1) Protect the safety and welfare of all persons using the beaches.
(2) Regulate all rules governing beaches for safety purposes.
(3) Give artificial respiration and other medical aid for minor purposes.
(4) Prepare reports on the conditions of approaches and beaches, and submit departmen-
tal resumes of monthly information to the director of public safety.
(5) Perform such other duties as may be assigned by the director of public safety.
(Ord. No. 57-78-7, § H, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83)
Secs. 2-64-2-70. Reserved.
DIVISION 4. DEPARTMENT OF FINANCE*
Sec. 2-71. Director of finance—Appointment.
The city manager may, at his discretion, appoint a director of finance and other employ-
ees as may be required to administer the financial affairs of the city.
(Ord. No. 5-81-7, § 2, 1-11-82)
Sec. 2-72. Created.
The department of finance is hereby created. The department shall be an administrative
department of the city.
(Ord. No. 5-81-7, § 1, 2, 1-11-82)
Sec. 2-73. Same—Investment of funds.
The director of finance shall invest funds of the city not required for immediate disburse-
ment. Such investments shall be at the discretion of the finance director within constraints
established by City Charter, ordinance and state and federal statutes.
(Ord. No. 5-81-7, § 5, 1-11-82)
*Cross reference—Finance generally, § 2-311 et seq.
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§ 2-74 ATLANTIC BEACH CODE
Sec. 2-74. Same—Duties generally.
The finance director shall be responsible for the preaudit of all purchase orders, receipts,
and disbursements, prepare payrolls, prepare and issue all checks, maintain and supervise
cost accounts, prepare all invoices, and maintain inventory records of all municipal property.
(Ord. No. 5-81-7, § 6, 1-11-82)
Sec. 2-75. Same—Financial information.
The director of finance shall be responsible for the rendering of an account to the city
commission showing the financial condition of the city at the date of such account, and to
prepare and present other such financial information as may' be required by the city commission.
(Ord. No. 5-81-7, § 7, 1-11-82)
Sec. 2-76. Same—Assisting in preparation of budget; accepting other responsibilities.
The director of finance shall assist the city manager in the preparation of the annual
budget and shall perform other duties and accept other responsibilities as may be assigned by
the city manager.
(Ord. No. 5-81-7, § 8, 1-11-82)
Sec. 2-77. Functions.
Accounting, finance and treasury functions of the city shall be combined in a single
finance department. The city manager shall be responsible for the department and he shall
perform the duties of each function in the absence of a director of finance.
(Ord. No. 5-81-7, § 3, 1-11-82)
Sec. 2-78. Duties.
The department of finance shall have the following duties; the custodian of all monies of
the city; receive all monies belonging to the city; and to disburse same; keep proper books in
such a manner that they may be readily understood and audited. Such books shall contain a
separate account of each fund or appropriation, and debits and credits thereto belonging, and
in general an accurate accounting of all monies received, from whom received, and to whom
disbursed, into what account received and disbursed. The accounting shall be consistent with
the uniform accounting system, local units of government, state, and generally accepted
accounting principles and practices.
(Ord. No. 5-81-7, § 4, 1-11-82)
DIVISION 5. DEPARTMENT OF PUBLIC WORKS
Sec. 2-79. Created.
There is hereby created and established a department of public works. The department
shall be an administrative department of the city responsible to the city manager.
(Ord. No. 5-86-14, § 1, 1-27-86)
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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.; advisory
planning board, § 14-16 et seq.
Supp. No. 4
166.1
Chapter 5
BEACHES*
Art. I. In General, §§ 5-1-5-15
Art. II. Safety Zone, §§ 5-16-5-18
ARTICLE I. IN GENERAL
Sec. 5-1. Closing during emergencies.
(a) During such times as, in the opinion of the director of public safety or, in his absence,
the city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the
bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the
safety, life and health of persons using the ocean or beach, or any condition shall exist or
threaten to occur that will imperil the peace and good order of the city, the director of public
safety is authorized to close the ocean or beach or both or any part thereof and prohibit all
swimming or bathing in the ocean or use of the beach or both in any manner, and require all
persons thereon forthwith to remove themselves therefrom, or any part thereof, until the
ocean, beach or dangerous areas are considered safe again for use.
(b) It shall be unlawful for any person to knowingly use or refuse, when ordered, to
remove themselves from any area which has been closed by the director of public safety.
(Code 1970, § 5-1)
Sec. 5-2. Undressing or changing clothes.
It shall be unlawful for any person to undress or change his clothing upon the ocean beach
within the city.
(Code 1970, § 5-2)
Sec. 5-3. Picnicking.
It shall be unlawful for any person to have or participate in a picnic on the ocean beach
within the city.
(Code 1970, § 5-3)
*Cross reference—Streets, sidewalks and other public places, Ch. 19.
State law references—Beach and Shore Preservation Act, F.S. Ch. 161; tidal lands and
bulkheads, F.S. § 253.12 et seq.; deposit of material in tidewater regulated, F.S. § 309.01;
Florida Boat Registration and Safety Law, F.S. Ch. 327; oceanography, conservation and
geology, F.S. Ch. 369 et seq.
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§ 5-4 ATLANTIC BEACH CODE
Sec. 5-4. Littering.
It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab or other
type of refuse upon the beach in the city.
(Code 1970, § 5-4)
Cross reference—Refuse and garbage generally, Ch. 16.
State law reference—Litter law, F.S. § 403.413.
Sec. 5-5. Surfboards.
It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent
to the beach within the corporate limits of the city at any time and at. any Location unless the
surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free
end of which must be securely bound to either the ankle or wrist of the surfer.
(Ord. No. 95-82-25, § 1, 4-26-82)
Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities.
It shall be unlawful for any person to park a sailboat or catamaran on the beach in any
manner which will obstruct the view of lifeguards performing lifeguard activities.
Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach.
It shall be unlawful for any person to operate any motorized boat or other motorized
apparatus within two hundred (200) feet of the beach.
Secs. 5-8-5-15. Reserved.
ARTICLE ICLE 11. SAFET T ZOi
Sec. 5-16. Establishment; hours and period of use.
During the entire period from 8:00 a.m. and 7:00 p.m. of each day, beginning May first
and continuing to and including September thirtieth in each year, all of that area of the ocean
beach within the city lying southerly of the prolongation easterly of the northerly line of the
seawall to the low water mark of the Atlantic Ocean and northerly of the prolongation
easterly to the low water mark of the northerly line of lot 5, block 36, Atlantic Beach,
according to the plat recorded in plat book 5, page 69 of the current public records of the
county, is established as a safety zone for the use of persons engaged in bathing, sunbathing,
games, fishing and similar recreational activities.
(Code 1970, § 5-5)
Sec. 5-17. Use of vehicles and riding of animals prohibited.
It shall be unlawful for any person to propel, operate or drive any motorized vehicle or
any vehicle drawn by a draft animal or to ride any animal at any time within that area of the
Supp. No. 4
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BEACHES § 5-18
ocean beach specified in section 5-16, above.
(Code 1970, § 5-6; Ord. No. 57-86-11, § 1, 4-14-86)
Cross references—Animals generally, Ch. 4; traffic and motor vehicles, Ch. 21.
Sec. 5-18. Barricades.
The city manager shall erect and maintain at all times during the hours and period
specified in section 5-16 suitable obstructions or barricades along the northerly and southerly
lines of the area described in section 5-16 to prevent the entry therein of vehicles and other
t: affic prohibited by this article.
(Code 1970, § 5-7; Ord. No. 57-86-11, § 1, 4-14-86)
Supp. No. 4
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[The next page is 405]
Chapter 13
OFFENSES*
Sec. 13-1. State misdemeanors.
It shall be unlawful for any person to commit within the city any act which is or shall be
recognized by the laws of the state as a misdemeanor, and the commission of such acts is
hereby prohibited.
(Code 1970, § 14-16)
Sec. 13-2. Loitering in, obstructing, etc., streets, public places, etc.
(a) No person shall loiter, lounge or sleep in or upon any street, park or public place or in
any public building, or obstruct the access to any public building or any part thereof, or
obstruct passage through or upon any public street, park or public place.
(b) For the purposes of this section, the term "loiter" shall encompass, but shall not
necessarily be limited to, one or more of the following acts:
(1) Obstruction of the free, unhampered passage of pedestrians or vehicles.
(2) Obstructing, molesting or interfering with any person lawfully upon any street, park
or other public place.
(3) Conduct involving the concept of standing idly by, loafing, walking about aimlessly
without purpose and including the colloquial expression of "hanging around."
(c) A person shall be guilty of violating this section only after refusing to move on when
so requested by a peace officer, provided the peace officer has exercised his discretion reason-
ably under the circumstances in order to preserve or promote public peace and order.
(d) For the purpose of this section, the term "other public place" shall be deemed to
include the quasi -public area in front of or adjacent to any store, shop, restaurant, luncheon-
ette or other place of business, and shall also include any parking lot or other vacant private
property not owned or under the dominion of the person charged with a violation of this
section.
(Code 1970, § 14-7)
Cross references—Streets, sidewalks and other public places, Ch. 19; obstructing free
passage of streets and sidewalks prohibited, § 19-1.
Sec. 13-3. Discharging firearms, air guns, etc., prohibited.
(a) It shall be unlawful to discharge any firearm or any loaded air gun, air rifle, air pistol
or similar device within the city.
(b) This section does not apply to a person lawfully defending life or property or perform-
ing official duties requiring the discharge of a firearm.
(Code 1970, § 14-17)
State law reference—Discharging firearm in public, F.S. § 790.15.
*Cross references—Police, Ch. 15; traffic and motor vehicles, Ch. 21.
Supp. No. 4
787
§ 13-4 ATLANTIC BEACH CODE
Sec. 13-4. Drug paraphernalia—Definitions.
The following words and phrases, when used in sections 13-4 and 13-5, shall, for the
purposes of sections 13-4 and 13-5, have the meanings respectively ascribed to them in this
section, except where the context clearly indicates a different meaning:
Cocaine spoon shall mean a spoon with a bowl so small that the primary use for which it
is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to
be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled
as a "cocaine" spoon or "coke" spoon.
Controlled substance shall mean any drug or substance named or described in F.S. §
893.03, Schedules I through V, as amended, commonly known as the Florida Comprehensive
Drug Abuse Prevention and Control Act.
Marijuana or hashish pipe shall mean a pipe characterized by a bowl which is so small
that the primary use for which it is reasonably adapted or designed is the smoking of
marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be
equipped with a screen.
Paraphernalia shall mean an empty gelatin capsule, hypodermic syringe or needle, co-
caine spoon, marijuana pipe, hashish pipe, or any other instrument, implement or device
which is primarily adapted or designed for the administration or use of any controlled
substance.
(Ord. No. 95-80-19, § 2, 2-25-80)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 13-5. Same—Sale, display, etc., of paraphernalia, prohibited; exceptions.
(a) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or
give away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana
pipe, hashish pipe or any other instrument, implement or device which is primarily adapted
or designed for the administration or use of any controlled substance as enumerated in F.S. §
893.03, Sch. I—V, as amended, commonly known as the Florida Comprehensive Drug Abuse
Prevention and Control Act.
(b) The prohibition contained in this section shall not apply to manufacturers, wholesal-
ers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching
institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropo-
dists, veterinarians, pharmacists or embalmers in the normal lawful course of their respective
businesses or professions, nor to common carriers or warehousers or their employees engaged
in the lawful transportation of such paraphernalia, nor to public officers or employees while
engaged in the performance of their official duties, nor to persons suffering from diabetes,
asthma or any other medical condition requiring self -injection.
(Ord. No. 95-80-19, § 3, 2-25-80)
State law reference—Use, possession, manufacture, delivery or advertisement of drug
paraphernalia, F.S. § 893.147.
Supp. No. 4
788
OFFENSES §;13-7
Sec. 13-6. Obscene matter prohibited.
(a) For purposes of this section and section 13-7, the following definitions shall apply:
Distribute. The transfer of possession whether with or without consideration.
Knowingly. Awareness of the character of the matter or live conduct.
Matter. Any book, magazine, newspaper or other printed or written material or
any picture, drawing, photograph, motion picture or other pictorial representation or
any statue or other figure, or any recording, transcription or mechanical, chemical
or electrical reproduction or any other articles, equipment, machines or materials: or
physical exhibition performed by individuals, whether male or female..
Obscene. Means to the average person applying contemporary standards, taken as a whole
the predominant appeal of the matter is to prurient interest, i.e., a shameful or morbid
interest in nudity, sex, or excretion, which goes substantially beyond customary limits
or candor in description or representation of such matters, including but not being
limited to patently offensive representations or descriptions of ultimate sexual acts,
normal or perverted, actual or simulated or patently offensive representations or
descriptions of masturbation, excretory functions, and lewd exhibition of the genitals
whether by male of female.
Person. Any individual whether male or female, partnership, firm, association, corporation
or other legal entity.
(b) It shall be unlawful for any person to knowingly send or cause to be sent, or bring or
cause to be brought, into this municipality for sale or distribution any obscene matter.
(c) It shall be unlawful for any person to prepare, publish, print, exhibit, distribute, or offer
to distribute, or have in his or her possession with intent to distribute, exhibit or offer to
distribute, advertise for exhibition, or display any obscene matter within this city.
(Ord. No. 95-86-28, § 1, 3-24-86)
Sec. 13-7. Exposure of private parts in establishments serving alcoholic beverages.
(a) It shall be unlawful for any person maintaining, owning, or operating a commercial
establishment located within the City of Atlantic Beach, Florida, at which alcoholic beverages
are offered for sale for consumption on the premises:
(1) To suffer or permit any female persons, while on the premises of said commercial
establishment, to expose to public view the area of the human female breast at or
below the areola thereof.
(2) To suffer or permit any female person, while on the premises of said commercial
establishment, to employ any device or covering which is intended to give the appear-
ance of or simulate such portions of the female breast as described in subsection
(a)(1) above.
Supp. No. 4
789
§ 13-6 ATLANTIC BEACH CODE
(3) To suffer or permit any person, male or female, while on the premisese of said com-
mercial establishment to expose to public view his or her genitals, pubic area, buttocks,
anus or anal cleft or cleavage.
(b) It shall be unlawful for any female person, while on the premises of a commercial
establishment located within the City of Atlantic Beach, Florida, at which alcoholic beverages
are offered for sale for consumption on the premises, to expose to public view that area of the
human female breast at or below the areola thereof, or to employ any device or covering
which is intended to give the appearance of or simulate such areas of the female breast as
described herein.
(c) It shall be unlawful for any person, male or female, while on the premises of a commer-
cial establishment located within the City of Atlantic Beach, Florida, at which alcoholic
beverages are offered for sale for consumption on the premises, to expose to public view his or
her genitals, pubic area, buttocks, anus, or anal cleft or cleavage, or to employ any device or
covering which is intended to give the appearance of or simulate the genitals, pubic area,
buttocks, anus or anal cleft or cleavage.
(d) Any person who shall violate any provision of this section shall be guilty of a mis-
demeanor punishable by a fine not to exceed five hundred dollars ($500.00) or thirty (30) days
in jail or both.
(Ord. No. 95-86-28, § 1, 3-24-86)
Supp. No. 4
790
[The next page is 839]
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. 4
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 $37.60 per account
Multifamily residential 0.75 x $37.60 per unit
Mobile home 0.75 x $37.60 per unit
Travel trailers 0.60 x $37.60 per site
Hotel/motel 0.50 x $37.60 per unit
with kitchen 0.60 x $37.60 per unit
Commercial $37.60 x ERC factor
where the ERC factor for the commercial classification is based upon meter size
as follows:
Meter Size ERC Factor
(in inches) Inside Outside
5/8 X 3/4 $ 1.00 $ 1.50
1 1.28 1.92
11/z 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
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)
Supp. No. 4
1296
UTILITIES § 22-168
Sec. 22-167. Schedule of wastewater volume charges.
(a) There is hereby established a uniform volume charge per one thousand (1,000) gallons
of water as follows:
(1) Single-family residential $0.39 per 1,000 gallons of actual water con-
sumption
(2) All other classifications $0.39 per 1,000 gallons of actual water con-
sumption
(b) The rates applicable to customers outside of the city shall be one and one-half times
the rates in (a) (1) and (2) above.
(Ord. No. 80-83-23, § I(Art. VIII, § 2), 6-27-83; Ord. No. 80-83-24, § 1, 9-12-83; Ord. No.
80-85-28, § 2, 11-11-85)
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. 4
1296.1
ZONING AND SUBDIVISION REGULATIONS § 24-103
(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)
Secs. 24-86-24-100. 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)
Sec. 24-102. Established.
The corporate area of the city is divided into districts as follows:
District Description
OR Open rural
RS -1 Residential single-family
RS -2 Residential single-family
RG -1 Residential general—two-family
RG -1A Residential general—two-family
RG -2 Residential general—multiple-family
RG -3 Residential general—multiple-family
RMH Residential mobile home
CPO Commercial professional and offices
CL Commercial limited
CG Commercial general
ILW Industrial light and warehousing
(Ord. No. 90-82-74, § 2(III, F, 2), 7-26-82)
Sec. 24-103. OR open rural districts.
(a) Intent. The OR districts are composed of large, open land areas, public and private. It
is intended that these districts retain insofar as desirable and practical the open character of
the land; to that end permitted uses are basically limited to conservation, recreation, forestry,
Supp. No. 4
1433
§ 24-103 ATLANTIC BEACH CODE
and with certain limitations of the uses not contrary to the character of these districts, it is
anticipated that controlled growth in the community will be considered through the planned
unit development process.
(b) Permitted uses. Uses permitted in these districts are as follows:
(1) Agriculture, horticulture and forestry, excluding the keeping and raising of farm
animals and poultry;
(2) Game preserves, wildlife management, water sheds, water reservoirs;
(3) Golf courses, parks, campgrounds, recreation areas, playgrounds;
(4) Government buildings and facilities.
(c) Uses by exception. In these districts, the uses by exception are as follows:
(1) Churches and cemeteries;
(2) Radio or television transmitters, antennae, etc.;
(3) Airports, airparks, airstrips, and airfields;
(4) Rifle, shotgun, or pistol shooting ranges, field archery ranges, golf driving ranges.
(d) Minimum lot or site requirements. The minimum lot or site requirements for these
districts are as follows:
(1) Lot or site area: Not applicable;
(2) Lot width: Not applicable;
(3) Lot depth: Not applicable.
(e) Minimum yard requirements. The minimum yard requirements in these districts are
as follows:
(1) Front yard: Not applicable;
(2) Rear yard: Not applicable;
(3) Side yard: Not applicable.
(f) Building restrictions. The building restriction in these districts are as follows:
(1) Maximum lot coverage: Not applicable;
(2) Maximum building height: Not applicable;
(3) Maximum density: Not applicable.
Sec. 24-104. RS -1 residential single-family districts.
(a) Intent. The RS -1 districts are intended for development of low density single-family
residential areas.
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) Single-family dwellings;
(2) Accessory uses;
Supp. No. 4
1434
ZONING AND SUBDIVISION REGULATIONS § 24-109
(0 Building restrictions. The building restrictions in these districts are as follows:
(1) Maximum lot coverage: 35 percent;
(2) Maximum building height: 20 feet.
(Ord. No. 90-82-74, § 2(III, F, 2), 7-26-82)
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.
(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:
Supp. No. 4
1441
§ 24-109 ATLANTIC BEACH CODE
(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: 65 per cent;
(2) Maximum building height; 35 per cent.
(Ord. No. 90-85-96, § 1, 10-14-85)
Editor's note—Ord. No. 90-85-96, § 1, adopted October 14, 1985, repealed former §
24-111 in its entirety, renumbered former §§ 24-109 and 24-110 as §§ 24-110 and 24-111, and
added a new § 24-109. Former § 24-111 was concerned with the C.I. commercial intensive
district and derived from Ord. No. 90-82-74, § 2(III, F, 2), adopted July 26, 1982.
Sec. 24-110. CL commercial limited district.
(a) Intent. The CL districts are intended for low intensity commercial uses and businesses
and 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;
Supp. No. 4
1442
ZONING AND SUBDIVISION REGULATIONS § 24-111
(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 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 buildings restrictions for these districts are as follows:
(1) Maximum lot coverage: 65 percent;
(2) Maximum building height: 35 feet.
(Ord. No. 90-82-74, § 2(III, F, 2), 7-26-82; Ord. No. 90-85-96, § 1, 10-14-85; Ord. No. 90-85-98, §
1, 1-13-86)
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 sale of food and drugs, wearing apparel, toys, sundries, and notions,
books and stationery, luggage, jewelry, art, cameras, photographic supplies, sporting
goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not
wholesale bakery), home furnishings and appliances, office equipment and furniture,
hardware, lumber and building materials, 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
repair;
(3) Banks, loan companies, mortgage brokers, stockbrokers, and similar financial institutions;
(4) Business and professional offices;
Supp. No. 4
1443
§ 24-111 ATLANTIC BEACH CODE
(5) Retail plant nursery;
(6) Retail sale of beer and wine;
(7) Auto service station, maintenance and minor repairs, car wash;
(8) Theater;
(9) Government buildings and facilities;
(10) Produce markets (no outside sales);
(11) Those uses permitted in Commercial Limited zoning;
(c) Uses by exception. In these districts, uses by exception are as follows:
(1) Animal kennel;
(2) Veterinarian clinic;
(3) Child care center;
(4) On -premise consumption of liquor, beer and wine;
(5) Limited wholesale operation;
(6) Contractor, not requiring outside storage;
(7) Limited warehousing, not including mini -warehouses;
(8) Reserved.
(9) Churches;
(10) Reserved;
(11) Hospitai, 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 lots and sites in
these districts are as follows:
(1) Lot or site area: None;
(2) Lot width: None;
(3) Lot depth: None.
(e) Minimum yard requirements. The minimum yard requirements in these districts are
as follows:
(1) Front yard: 20 feet. If buildings adjacent have provided a lesser front yard, front yard
shall be the average of buildings on adjacent lots. Where lot is adjacent to RS and RG
districts, front yard shall meet the requirements for such adjacent property;
Supp. No. 4
1444
ZONING AND SUBDIVISION REGULATIONS
§ 24-112
(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)
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,
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:
Supp. No. 4
1445
§ 24-112 ATLANTIC BEACH CODE
(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.
(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)
Secs. 24-113-24-125. Reserved.
DIVISION 6. PLANNED UNIT DEVELOPMENT (PUD)
Sec. 24-126. Purpose.
The purpose of the planned unit development is to encourage imaginative design to
rrpatp , mrr' rlaeir, hl,' c±n,r rnnment t}"?." ,ern„lrl },o .,.,z.s;1,1. +l, ,,..1, +L,,, strict application ..�'
the minimum requirements of the land use regulations. The purpose of planned unit develop-
ment regulations is to encourage flexibility in the design and development of land in order to
promote its most appropriate use; to facilitate the adequate and economical provision of
streets, utilities, and public spaces; and to preserve the natural and scenic qualities of open
areas. The objective of a planned unit development is to encourage ingenuity, imagination,
and design efforts on the part of builders, architects, site planners and developers; to produce
developments which are in keeping with overall land use intensity and open space objectives
of this chapter, while departing from the strict application of use, setback, and minimum let
size requirements cf the severca.l ie ing districts. V,"-ilc the planned unit developments may
depart from the strict application of this chapter fcr the district or districts in which is
proposed to be located, the developments are to be compatible with the comprehensive plan
and platted of record in accordance with Article IV, subdivision regulations.
(Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83)
Sec. 24-127. Intent.
The intent of this division is to permit such flexibility and provide performance criteria
for planned unit developments which:
Supp. No. 4
1446
ZONING AND SUBDIVISION REGULATIONS § 24-128
(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. 4
1446.1
ZONING AND SUBDIVISION REGULATIONS § 24-151
(b) Accessory uses by zoning district. The following accessory uses and structures shall
only be permitted in the zoning districts as enumerated in this article:
(1) In all residential dwelling districts; single-family, two-family, and multifamily;
a. Antenna structures for television and radio, but not microwave relay or trans-
mission structures;
b. Children's playhouse, not to exceed one hundred (100) square feet of gross floor
area and/or juvenile play equipment;
c. Fallout shelters;
d. Private garages and carports;
e. Gazebos and similar structures;
f. Private swimming pools and bathhouses;
g. Tennis, basketball or volleyball or volleyball courts and other similar private
recreation uses;
h. Storage/tool sheds.
(2) In all single-family residential, two-family residential, and mobile home districts:
a. Doghouses, pens and other similar structures for the keeping of commonly ac-
cepted household pets;
b. Parking of not more than two (2) major recreational vehicles, including but not
limited to boat trailers not exceeding twenty-five (25) feet in length, camping
trailers, travel trailers, motorized dwellings, tent trailers and horse vans, but
subject to the following limitations:
1. Such equipment shall not be used for living, sleeping or other occupancy
when parked;
2. Such equipment six (6) feet or more in average height shall not be parked or
stored in a garage, carport or other structure and shall not be located in any
required front yard.
(3) In any zoning district; except as to private swimming pools:
a. No accessory structure shall be occupied or utilized, unless the principal struc-
ture to which it is accessory is occupied or utilized;
b. All accessory uses and structures shall comply with the use limitations applica-
ble in the zoning district in which they are located;
c. All accessory uses and structures shall comply with the property development
regulations applicable in the zoning district in which they are located;
d. All accessory uses and structures shall be arranged and maintained so as not to
encroach on any required front yard;
e. No accessory structures shall be used as a residence, temporarily or permanent-
ly, nor shall any residence of temporary character be permitted;
f. Accessory building shall be in the rear or side yard, shall not be more than one
(1) story in height. Only one (1) such building shall be permitted on each lot. No
part of any accessory structure shall be nearer than five (5) feet to any side or
rear lot line. On a corner lot, no part of any accessory building shall project in
Supp. No. 4
1453
§ 24-151 ATLANTIC BEACH CODE
front of the required setback line on either street. Space shall not be leased or let
for any use or purpose other than those incident to the use of the main building.
(Ord. No. 90-82-74, § 2(III, H, 1), 7-26-82; Ord. No. 90-86-100, § 1, 2-24-86)
Sec. 24-152. Child care centers.
Child care centers, including day nurseries and kindergartens, whether permitted or
permissible shall be subject to the following conditions:
(1) Minimum lot area shall not be less than five thousand (5,000) square feet;
(2) Outdoor play area shall be totally fenced with a minimum four (4) foot high fence and
the size of play area must meet the state regulations for square feet per child. Play
area shall be located in the rear yard in residential districts;
(3) The maximum number of children must be stated in the application for exception and
in no case shall the number of children approved be exceeded;
(4) A plan showing the location of the building to be used or constructed on the lot,
fenced play areas, off-street parking loading and unloading facilities, ingress and
egress shall be submitted with the application for exception;
(5) All facilities, operation and maintenance shall meet all applicable city or state
regulations for the use.
(Ord. No. 90-82-74, § 2(III, H, 2), 7-26-82)
Sec. 24-153. Churches.
The minimum developmental criteria for churches in any district where allowed shall
include:
(1) Adequate site area to accommodate all structures and required off-site parking and
circulation areas for motor vehicles, in accordance with the parking schedule in this
article;
(2) Location on a collector or arterial street with adequate frontage to accommodate
ingress -egress driveways in proportion to expected peak attendance levels in order
not to disrupt roadway traffic;
(3) Maintenance of the required clear sight triangle;
(4) Building setbacks as required in the district in which the facility is located;
(5) Buffering in the form of hedge materials and/or fence or wall, as appropriate, along
lot lines adjacent to residential uses;
(6) If there is a dwelling for clergy attached or on the same premises, required open space
for occupant use shall be:
a. For single-family homes, same as for the same use in a district permitting
single-family homes, even though the premises may be in another district;
b. For group homes, residence halls, same as for multifamily dwellings.
(Ord. No. 90-82-74, § 2(III, H, 3), 7-26-82)
Supp. No. 4
1454
ZONING AND SUBDIVISION REGULATIONS § 24-165
(b) The provisions of this section shall not apply to storage, on a temporary basis, of
materials, equipment or appliances to be used for or in construction of a building on the
premises in conformity with the terms of this article.
(Ord. No. 90-82-74, § 2(III, H, 11), 7-26-82)
Cross reference—Stopping, standing and parking generally, § 21-16 et seq.
Sec. 24-164. Swimming pools.
No swimming pool or family pool shall be so located, designed, operated, or maintained as
to interfere with the rights of the adjoining properties.
(1) Lights: Lights used to illuminate any swimming pool shall be so arranged and
shadowed as to reflect light away from adjoining premises.
(2) Setbacks: The following setbacks shall be maintained:
a. Minimum front setback, shall be the same as requirements for a residence
located on the parcel where the pool is to be constructed, provided, that in no case
is the pool to be located closer to a front line than the main or principal building
is located;
b. One foot of setback shall be maintained for each one foot of depth of the swimming
pool.
(3) Fences: All swimming pools shall be enclosed by a fence wall or equivalent barrier at
least four (4) feet high.
(Ord. No. 90-82-74, § 2(III, H, 12), 7-26-82; Ord. No. 90-86-100, § 2, 2-24-86)
Cross reference—Swimming pool code, § 6-91 et seq.
Sec. 24-165. Service stations.
The following regulations shall apply to the location, design, construction, operation and
maintenance of service stations:
(1) Lot dimensions. A service station lot shall be of adequate width and depth to meet all
setback requirements, but in no case shall a corner lot have less than two (2) street
frontages of at least one hundred fifty (150) feet each and an area of at least twenty-
two thousand five hundred (22,500) square feet, and an interior lot shall have a street
frontage of at least one hundred (100) feet and a minimum area of fifteen thousand
(15,000) square feet.
(2) Access to site. Vehicular entrances or exits at an automobile service station shall:
a. Not be provided with more than two (2) curb cuts for the first one hundred (100)
feet of street frontage or fraction thereof;
b. Contain an access width along the curbline of the street of not more than forty
(40) feet as measured parallel to the street at its narrowest point, and not be
Supp. No. 4
1461
§ 24-165 ATLANTIC BEACH CODE
located closer than one hundred (100) feet from a street intersection along any
arterial or collector street and/or closer than fifty (50) feet from a street intersec-
tion on a local street or closer than ten (10) feet from adjoining property;
c. Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at
both the right-of-way line and the curb or edge of the pavement along a single
street.
(3) Location of pumps and structures. No main or accessory building, no sign of any type,
and no gasoline pump shall be located within fifteen (15) feet of the lot line of any
property that is residentially zoned. No gasoline pump shall be located within twenty
(20) feet of any street right-of-way line; where a greater street setback line has been
established, no gasoline pump shall be located within twenty (20) feet of such setback
line.
(4) Lighting. All lights and lighting on a service station shall be so designed and
arranged so that no source of light shall be directly visible from any residential
district; this provision shall not be construed to prohibit interior lighted signs.
(Ord. No. 90-82-74, § 2(III, H, 13), 7-26-82)
Sec. 24466. Signs.
Signs shall be governed by chapter 17, Signs and Advertising Structures.
(Ord. No. 90-82-74, § 2(III, H, 14), 7-26-82)
Sec. 24167. Site plan review.
(a) Purpose. The purpose of this section is to establish procedures and standards for the
preparation, review and approval of pians to construct, reconstruct or alter structures that do
not fall under the regulatory purview of Article IV, Subdivision Regulations.
(b) Procedures. The plans prepared according to the requirements presented in this
section shall be submitted to the administrative official for his review and approval. Plans
may be disapproved if they do not meet the intent or the requirements of this section and of
this chapter.
(c) Site plan. A site plan will be submitted to the administrative official covering the
entire tract proposed for ultimate development at a scale of one (1) inch equals one hundred
(100) feet, indicating existing conditions and development for an additional area, including at
least three hundred (300) feet from the boundaries of the tract, or such greater distance as
may be indicated by the circumstances of the case. Existing natural features shall be indi-
cated on the plan, as well as existing streets, easements, utility installations, lot lines and
structures, with indications as to use. The plan will show, with dimensions, a properly
organized and conveniently related arrangement of buildings; off-street parking and loading
facilities; internal automotive and pedestrian circulation; entrances and exits to public streets
and pedestrian ways; service areas and facilities; drainage; utility connections; landscaping;
fences, hedges and walls; exterior lighting on the premises; size, location and orientation of
Supp. No. 4
1462
CODE COMPARATIVE TABLE
Ordinance Section
Number Date Section this Code
95-85-26 2-25-86 2-141, 2-142
2-146, 2-149
2-151
75-85-4 3-11-85 1 21-24(a)
80-85-25 3-11-85 1 22-22
80-85-27 4- 8-85 1 22-28(2)
90-85-91 7- 8-85 1 24-17
90-85-92 7- 8-85 1 24-161(eXl)
58-85-5 7-22-85 1 2-290
10-85-16 9-23-85 1 Rpld 3-10
Rnbd 3-11, 3-12
as 3-10, 3-11
90-85-95 10-14-85 1 24-17
2 24-233
90-85-96 10-14-85 1 24-109-24-112
80-85-28 11-11-85 1 22-166
2 22-167
3 22-176-22-180
55-85-21 12- 9-85 1 16-1
2 16-2
3 16-7
80-85-29 12- 9-85 1 22-40,
22-41
95-85-27 12- 9-85 1 14-17, 14-18,
14-21
5-85-15 1-13-86 1 2-367
2-368
2 22-22,
22-174
58-85- 6 1-13-86 1 2-271
90-85-97 1-13-86 1 24-63(1)
(2), (5)
2 24-64(2)
90-85-98 1-13-86 1 24-110
5-86-14 1-27-86 1 2-79-2-83
90-86-100 2-24-86 1 24-151(b)(3)
2 24-164(2)b
80-86-30 3-24-86 1 22-166
95-86-28 3-24-86 1 13-6, 13-7
57-86-11 4-14-86 1 5-17, 5-18
Supp. No. 4
1993
[The next - - is 2043)
CODE INDEX
A
ABANDONMENT
Nuisances enumerated
Abandoned wells, basements, refrigerators, etc
Abatement of nuisances, etc. See: NUISANCES
Open storage of abandoned motor vehicles, refrigerators, etc
Parking of abandoned vehicles
See: TRAFFIC
Section
12-1(bX6)
12-1(bX7)
21-24 et seq.
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. 4
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 of nuisances, etc. See: NUISANCES
AMENDMENTS TO CODE
Provisions re 1-9
ANIMALS AND FOWL
Animal control officer
Appointment4-1
Interfering with officers 4-2
Animal shelter
Breaking open fences, gates, etc.; letting loose animals; etc4-3
Beaches
Use of vehicles and riding of animals prohibited 5-17
Bird sanctuary
City designated; shooting, molesting, etc., birds 4-4
Cats. See herein: Dogs and Cats
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Cruelty to animals 4-5
Dead animals, removal and disposal of 4-8
Dogs and cats
Damaging property 4-26
Definitions 4-21
Disturbing the peace 4-27
Impoundment 4-23
Leashing dogs 4-25
Muzzles
Dogs to be muzzled 4-25, 4-28
Rabies
Dogs or cats suspected of having rabies 4-29
Registration and tagging required 4-22
Impoundment of unregistered dogs or cats 4-23
Registration and tagging
Impoundment of unregistered dogs or cats 4-23
Required 4-22
Running at large 4-24
Vicious dogs 4-28
Vicious dogs 4-28
Zoning regulations for doghouses, pens, etc.
Accessory uses by zoning district 24-151(bX1)
Hogs, keeping 4-7
Supp. No. 4
2104
CODE INDEX
COMPREHENSIVE PLAN Section
Provisions re 14-1
CONDEMNATION
Garbage and trash cans 16-2(c)
CONFISCATED PROPERTY
Disposition of 15-16 et seq.
See: POLICE DEPARTMENT
CONSERVATION
Waterworks system
Water shortages, conservation 22-39
CONSTRUCTION
Buildings and building regulations. See that subject
Subdivision regulations 24-204(e) et seq.
See: SUBDIVISIONS
CONTRACTORS
Garbage and trash provisions
Removal of lot clearing or cleaning debris by contractors 16-9
CONTRACTS
Certain ordinances saved from repeal 1-5
Garbage and trash collection, removal, etc.
Contracting for 16-6
When contracts and expenditures prohibited 2-314
CONTROLLED SUBSTANCES. See: DRUGS
CORPORATIONS
Definition of "person" to include corporation 1-2
COUNTY. See: DUVAL COUNTY
COURTS
Confiscated or lost property
Provisions re county court 15-16 et seq.
Noise provisions
Interfering with court 11-10
Police training
Additional court costs assessed for 15-1
COWS, CATTLE
Maintaining stable 4-7
CROSSWALKS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended on crosswalk 21-25(aX1)
Stopping, standing or parking vehicle on or within crosswalks 21-17(5), (6)
CRUELTY TO ANIMALS
Generally 4-5
Supp. No. 4
2113
ATLANTIC BEACH CODE
D
DANCING Section
Zoning regulations
Establishments offering dancing or live entertainment 24-155
DEATHS OF CITY EMPLOYEES
Retirement system provisions 2-283, 2-284
See also: OFFICERS AND EMPLOYEES
DEFACING PROPERTY, ETC.
Building numbers
Removing or defacing 6-111
Public sewers
Defacing, damaging, etc. 22-57
Streets, sidewalks and other public places
Digging into, defacing, etc., streets, avenues, driveways, etc. . 19-2
DEMOLITION
Zoning regulations
Construction within the districts
Demolition to comply with building and related codes . . . . 24-66(b)
DENSITY OF LOTS, POPULATION, ETC.
Zoning regulations 24-82(d) et seq.
See: ZONING
DEPARTMENTS AND OTHER AGENCIES OF CITY
Advisory planning board 14-16 et seq.
See: PLANNING
Board of trustees of city employee's retirement system 2-264 et seq.
See: OFFICERS AND EMPLOYEES
City commission 2-16 et seq.
(1.1TY C0111',IISSION
Code enforcement board 2-141 et seq.
See: CODE ENFORCEMENT BOARD
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 board of adjustment 24-49
Zoning, planning agency 24-48
DERRICKS
Noise provisions
Building operations at night 11-6
Supp. No. 4
2114
CODE INDEX
DEVELOPMENT Section
Planned unit development (PUD) 24-126 et seq.
See: ZONING
Supp. No. 4
2114.1
CODE INDEX
HORNS Section
Noise in public places generally 11-2
HORSES
Maintaining stables 4-7
HOTELS
Dogs in hotels to be muzzled, leashed, etc 4-25
HOUSING
Fair housing 9-16 et seq.
See: FAIR HOUSING
Mobile homes 10-1 et seq.
See: MOBILE HOMES AND RECREATIONAL VEHICLES
HUMAN RELATIONS
Fair housing 9-16 et seq.
See: FAIR HOUSING
HUNTING
Hunting birds, wild fowl, etc 4-4
HYDRANTS. See also: FIRE HYDRANTS
Abandoned, wrecked, junked, etc., vehicles
Left unattended within fifteen feet of fire hydrants 21-25(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)
I
IMPOUNDMENT
Abandoned, wrecked, junked, etc., vehicles
Removing and impounding 21-25
Towage and storage charges 21-26
Animal provisions 4-2 et seq.
See: ANIMALS AND FOWL
IMPROVEMENTS
Advisory planning board
List of recommended capital improvements 14-20(6)
Recommending improvements for city 14-20(11)
Subdivision improvements 24-221 et seq.
See: SUBDIVISIONS
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)
Supp. No. 4
2125
ATLANTIC BEACH CODE
INSECTS, INSECT CONTROL—Cont'd.
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(aXl)
Signs and advertising structures
Obstructing vision or view 17-5
Stopping, standing or parking vehicles within twenty feet of
intersection 21-17(3)
Subdivisions
Design and construction standards
Intersections of right angles 24-252(f)
Property lines rounded at intersections 24-252(g)
INTOXICATING LIQUOR. See: ALCOHOLIC BEVERAGES
Section
J
JUNK
Parking, storing or leaving of junked vehicles 21-24 et seq.
See: TRAFFIC
L
LAKES. See: WATERCOURSES, WATERWAYS
LANDSCAPING
Zoning regulations
Planned unit development (PUD) 24-135(f)
LAWNS
Waterworks system
Water shortages; irrigation of lawns 22-39
LEASHING DOGS
Provisions re 4-25
LEAVES AND GRASS CLIPPINGS
Garbage and refuse collection and disposal 16-3
LICENSES AND PERMITS
Alcoholic beverages
Persons not holing licenses to sell 3-3
Building sewers and connections, permits 22-102, 22-103
Digging up streets
Permit required of public utilities 19-2
Electrical permits 6-35 et seq.
See: ELECTRICAL CODE
Supp. No. 4
2126
CODE INDEX
POWER FANS Section
Muffling of 11-7
PRECEDING, FOLLOWING
Defined 1-2
PRIVIES, PRIVY VAULTS
Constructing 22-73
PROPERTY
Confiscated or lost property
Disposition of 15-16 et seq.
See: POLICE DEPARTMENT
Dogs or cats damaging property 4-26
Insurance premium taxes
Property insurance 20-77
PUBLIC ADDRESS OR LOUDSPEAKER SYSTEMS
Noise provisions 11-8
PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES
PUBLIC SAFETY
Director of public safety 2-41
Fire department 2-61 et seq.
See: FIRE DEPARTMENT
Police department 2-51 et seq.
See: POLICE DEPARTMENT
PUBLIC SERVICE TAX
Provisions re 20-16 et seq.
See: TAXATION
PUBLIC WORKS AND IMPROVEMENTS
Department of public works
Created 2-79
Director of public services
Appointment, compensation 2-80
Duties generally 2-81
Division chiefs
Appointment, compensation 2-82
Duties, other 2-83
PURCHASES, PURCHASING
Bids
Award of contract 2-335
Deposits or bonds 2-333
Exceptions 2-336
Notices inviting 2-332
Opening procedure 2-334
When required 2-331
Open market procedures 2-337
Payments 2-339
Scope of purchasing authority 2-338
Supp. No. 4
2139
ATLANTIC BEACH CODE
R
RABIES Section
Animals and fowl, rabies provisions 44 et seq.
See: ANIMALS AND FOWL
RACIAL DISCRIMINATION
Fair housing 9-16 et seq.
See: FAIR HOUSING
RADIO AND TELEVISION TOWERS
Zoning regulations, height limitations 24-156
RADIOACTIVE FALLOUT
Fallout shelters, zoning regulations
Accessory uses by zoning district 24-151(bXl)
RADIOACTIVE WASTES OR ISOTOPES
Public sewers, use of
Limitations on discharge concentrations or quantities 22-130(7)
REAL ESTATE BROKERS
Fair housing 9-16 et seq.
RECREATIONAL VEHICLES (Campers, travel trailers, boats,
etc.)
Provisions re 10-1 et seq.
See: MOBILE HOMES AND RECREATIONAL VEHICLES
REFRIGERATORS
Abandoned refrigerators, nuisance provisions 12-1(bX6), (7)
Abatement of nuisances, etc. See: NUISANCES
REFUSE. See: GARBAGE AND REFUSE
Ri GISTRATION
Dogs and cats 4-22
Solicitors 18-17
RELIGIOUS DISCRIMINATION
Fair housing 9-16 et seq.
See: FAIR HOUSING
RENTALS
Fair housing 9-16 et seq.
See: FAIR HOUSING
Waterworks system
Initial payment of minimum water rental 22-18
REPEAL OF ORDINANCES. See: CODE OF ORDINANCES
RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS
RETIREMENT
Retirement system for city employees 2-261 et seq.
See: OFFICERS AND EMPLOYEES
Supp. No. 4
2140
CODE INDEX
REWARDS Section
Arsonists
Reward for information leading to conviction of 7-1
RIGHTS-OF-WAY
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended upon any street or right-of-way 21-25(a)
Building sewer installations, excavations within public right-
of-way 22-111
Buses or commercial vehicles
Stopping, standing or parking upon street or right-of-way 21-22
Maintenance of signs on state highway rights-of-way 17-35
Supp. No. 4
2140.1
CODE INDEX
Z
ZONING
Access
Planned unit development (PUD)
Community facilities
Service stations, access to site
Accessory buildings or vehicles
Temporary residence
Accessory uses and structures
Administration
See also herein specific subjects
Administrative official
Adoption; authority
Advisory planning board, duties re zoning
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
Board of adjustment's 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
Board of adjustment
Appeals of decisions of board
Appeals of administrative actions
Exercising powers; reversing, affirming, modifying order, re-
quirement, decision, etc.
Power and duties
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
Supp. No. 4
2163
Section
24-135(e)
24-136(c)
24-165(2)
24-82(h)
24-151
24-46 et seq.
24-47
24-1
14-20
3-8
3-5
24-4, 24-61
24-47
24-49
24-61
24-65
24-62
24-47(3)
24-66
24-63
24-64
24-82(h)
24-49
24-49(3)
24-49(2)
24-49(4)
24-49(1)
24-81
24-65
24-47(7)
24-151
24-111(0
24-110(0
24-109(0
24-112(0
ATLANTIC BEACH CODE
ZONING—Cont'd. Section
OR open rural districts 24-103(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
RS -1 residential single-family districts 24-104(0
RS -2 residential single-family districts 24-105(0
Construction within the districts
All structures 24-66(b)
Temporary construction trailers or structures ......... 24-66(a)
Duplicates or externally similar dwellings ............. . 24-82(g)
General restrictions upon land, buildings and structures .. 24-82
Height limits, restrictions. See herein that subject
Nonconforming uses or buildings 24-85
Temporary construction offices 24-168
Temporary residences 24-82(h)
Buses
Temporary residence 24-82(h)
Campers
Temporary residence 24-82(h)
CG commercial general districts
Building restrictions 24-111(0
Intent 24-111(a)
Minimum lot or site requirements 24-111(d)
Minimum yard requirements 24-111(e)
Permitted uses 24-111(b)
Uses by exception 24-111(c)
Changing zoning classification 24-62
Child care centers 24-152
Churches 24-153
City commission 24-46
CL commercial limited district
Building restrictions 24-110(0
Intent 24-110(a)
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 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)
Temporary construction trailers or structures 24-66(a)
CPO commercial professional and offices districts
Building restrictions 24-109(0
Intent 24-109(a)
Supp. No. 4
2164
CODE INDEX
ZONING—Cont'd. Section
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
Exceptions
Height limitations, exceptions to 24456
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 24-157
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(0
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
CPO commercial professional and offices districts 24-109(0
ILW industrial light and warehousing districts 24-112(0
Supp. No. 4
2165
ATLANTIC BEACH CODE
ZONING—Cont'd. Section
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(f)
Intent 24-112(a)
Minimum lot or site requirements 24-112(d)
Minimum yard requirements 24-112(e)
Permitted uses 24-112(b)
Uses by exception 24-112(c)
Jurisdiction 24-3
Landscaping
Fences, hedges and walls. See herein that subject
Privacy, provisions re landscaping 24-135(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(0
CL commercial limited district 24-110(0
CPO commercial professional and offices districts 24-109(0
ILW industi ial ligiii, aiid w a.i elm using districts 24-112(t)
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 24-107(d)
RMH residential mobile home districts 24-108(d)
RS -1 residential single-family districts 24-104(d)
RS -2 residential single-family districts 24-105(d)
Percentage of lot occupancy 24-82(c)
Supp. No. 4
2166
CODE INDEX
ZONING—Cont'd. Section
Required lot and occupancy 24-82(0
Service stations, lot dimensions 24-165(1)
Site plan review, lot requirements 24-167(0
Substandard lots of record 24-83
Supp. No. 4
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)i
Minimum lot or site requirements 24-105(4))
Minimum yard requirements 24-1.05(e)
Permitted uses 24-105(b)
Uses by exception 24-105(c)
Scope of provisions 24-31
Security buildings 24-158
Service stations 24-165
Access to site 24-165(2)
Lighting 24-165(4)
Location of pumps and structures 24-165(3)
Lot dimensions 24-165(1)
Setbacks
Swimming pools 24-164(2)
Shacks
Temporary residence 24-82(h)
Signs generally 24-166
Signs posted on property undergoing zoning proceedings
Administrative official's powers and responsibilities 24-47(9)
Site, access to
Service stations 24-165(2)
Site plan review 24-167
General conditions which may be attached 24-167(d)
Lot requirements 24-167(f)
Procedures 24-167(b)
Purpose 24-167(a)
Site plan generally 24-167(c)
Walls 24-167(e)
Site requirements
Minimum site requirements. See herein: Lots
Planned unit development (PUD) 24-129(b)
Stopping, standing or parking buses or commercial vehicles in
residential zones 24-22(aX2)
Storage and parking of vehicles and equipment in residential
districts 24-163
Storage/tool sheds, accessory uses and structures 24-151(bXl)
Subdivision regulations 24-186 et seq.
See: SUBDIVISIONS
Supplementary regulations
Accessory uses and structures 24-151
Child care centers 24-152
Churches 24-153
Display of used merchandise outside of business 24-154
Establishments offering dancing or live entertainment 24-155
Fences, hedges and walls 24-157
Supp. No. 4
2169
ATLANTIC BEACH CODE
ZONING—Cont'd. Section
Guardhouses and security buildings 24-158
Height limitations, exceptions to 24-156
Home occupations 24-159
Miniwarehouses 24-160
Off-street parking and loading 24-161
Parking lots 24-162
Service stations 24-165
Signs 24-166
Site plan review 24-167
Storage and parking of vehicles and equipment in residen-
tial districts 24-163
Swimming pools 24-164
Temporary construction offices 24-168
Tree removal or damage 24-169
Utility structures 24-170
Swimming pools 24-164
Accessory uses by zoning district 24-151(bx1)
Fences 24-164(3)
Enclosures, roofs to comply with zoning regulations 6-92
Lights 24-164(1)
Setbacks 24-164(2)
Temporary construction offices 24-168
Temporary construction trailers or structures 24-66(a)
Temporary residences 24-82(h)
Accessory structures 24-151(bX3)
Tents, shacks, etc.
Temporary residence 24-82(h)
Trailers
Temporary residence 24-82(h)
Tree removal or damage 24-169
Use generally
General restrictions upon land, buildings and structures 24-82(a)
Used merchandise
Display of outside of business 24-154
Uses, accessory 24-151
Uses by exception 24-63
CG commercial general districts 24-111(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 -1A residential general—Two-family districts 24-106(c)
RG -2 and RG -3 residential general—Multiple-family districts 24-107(c)
RMH residential mobile home districts 24-108(c)
RS -1 residential single-family districts 24-104(c)
RS -2 residential single-family districts 24-105(c)
Uses, nonconforming 24-85
Uses, permitted
CG commercial general districts 24-111(b)
Supp. No. 4
2170
CODE INDEX
ZONING—Cont'd. Section
CL commercial limited district 24-110(b)
CPO commercial professional and offices districts 24-109(b)
ILW industrial light and warehousing districts 24-112(b)
OR open rural districts 24-103(b)
Planned unit development (PUD) 24-129
Wavier of use restrictions 24-135(c)
RG -1 and RG -1A residential general—Two-family districts 24-106(b)
RG -2 and RG -3 residential general—Multiple-family districts 24-107(b)
RMH residential mobile home districts 24-108(b)
RS -1 residential single-family districts 24-104(b)
RS -2 residential single-family districts 24-105(b)
Utilities
Planned unit development (PUD) 24-136
Utility structures
Supplementary regulations 24-170
Variances 24-64
Administrative official's powers and responsibilities 24-47(3), (8)
Board of adjustment authorizing, granting 24-49
Nonconformance not grounds for variance 24-85(c)
Vehicles
Off-street parking and loading. See herein that subject
Storage and parking of vehicles and equipment in residen-
tial districts 24-163
Waivers
Planned unit development (PUD)
Waiver of yard, dwelling unit, frontage criteria, etc 24-135(c)
Walls. See herein: Fences, Hedges and Walls
Warehouses
ILW industrial light and warehousing districts. See herein
that subject
Miniwarehouses 24-160
Yards and other open spaces
Accessory uses and structures; encroachments in yards, etc. 24-151(bX3)
Minimum yard requirements
CG commercial general districts 24-111(e)
CL commercial limited district 24-110(e)
CPO commercial professional and offices districts 24-109(e)
ILW industrial light and warehousing districts 24-112(e)
OR open rural districts 24-103(e)
RG -1 and RG -1A residential general—Two-family districts 24-106(e)
RG -2 and RG -3 residential general—Multiple-family districts 24-107(e)
RMH residential mobile home districts 24-108(e)
RS -1 residential single-family districts 24-104(e)
RS -2 residential single-family districts 24-105(e)
Obstruction; double frontage lots 24-84
Open space use limitations 24-82(e)
Planned unit development (PUD)
Open space 24-135(b)
Support legal documents for open space 24-135(d)
Waiver of yard restriction 24-135(c)
Supp. No. 4
2171
ATLANTIC BEACH CODE
ZONING—Cont'd. Section
Zoning map
Administrtive official's powers and responsibilities 24-47(4), (5)
Boundaries of zoning districts, rules for determining 24-81
Certain ordinances saved from repeal 1-5
Supp. No. 4
2172