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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. Remove old pages ix, x Checklist of up-to-date pages 159, 160 165, 166 353, 354, 355 787, 788 1295, 1296 1433, 1434 1441 through 1446 1453, 1454 1461, 1462 1993 Index pages 2103, 2104 2113, 2114 2125, 2126 2138.1, 2139, 2140 2163 through 2166 2169 through 2172 Insert this instruction sheet i reference. Insert new pages ix, x, x.i Checklist of up-to-date pages 159, 160 165, 166, 166.1 353, 354, 355 787 through 790 1295, 1296, 1296.1 1433, 1434 1441 through 1446.1 1453, 1454 1461, 1462 1993 Index pages 2103, 2104 2113, 2114, 2114.1 2125, 2126 2139, 2140, 2140.1 2163 through 2166.1 2169 through 2172 n front of volume. File removed pages for 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 Supp. No. 4 ix ATLANTIC BEACH CODE Chapter Page Div. 5. Department of Public Works 166 Art. V. Boards and Commissions 166 Div. 1. Generally 166 Div. 2. Code Enforcement Board 167 Art. VI. Employee Benefits 171 Div. 1. Generally 171 Div. 2. Old -Age and Survivors Insurance 171 Div. 3. Retirement System 173 Art. VII. Finance 187 Div. 1. Generally 187 Div. 2. Purchasing 188 Div. 3. Uniform Travel Policy and Procedure 191 Div. 4. Service and User Charges 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 Supp. No. 4 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 Supp. No. 4 x.i 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 Supp. No. 4 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 409, 410 OC 1284.1 3 411, 412 OC 1285, 1286 OC 413, 414 OC 1287, 1288 OC 415, 416 OC 1289, 1290 OC 417, 418 OC 1291, 1292 OC 469, 470 OC 1293, 1294 OC 521, 522 OC 1295, 1296 4 523, 524 OC 1296.1 4 525, 526 OC 1297, 1298 3 577, 578 OC 1298.1, 1298.2 3 579, 580 OC 1299, 1300 OC 581 OC 1301 OC 631, 632 OC 1351, 1352 OC 683, 684 OC 1353 OC 685 OC 1403, 1404 OC 735, 736 OC 1405, 1406 3 737 OC 1407, 1408 OC 787, 788 4 1409, 1410 OC 789, 790 4 1411, 1412 OC 839, 840 3 1413, 1414 2 841 3 1415, 1416 OC 891, 892 OC 1417, 1418 OC 943, 944 3 1419, 1420 3 945, 946 3 1421, 1422 OC 947 3 1423, 1424 OC 997, 998 OC 1425, 1426 3 999, 1000 OC 1427, 1428 3 1001, 1002 OC 1428.1 3 1003, 1004 OC 1429, 1430 OC 1005 00 1431, 1432 00 1055, 1056 OC 1433, 1434 4 1057 OC 1435, 1436 OC 1107 OC 1437, 1438 OC 1157, 1158 OC 1439, 1440 OC 1159, 1160 2 1441, 1442 4 1161, 1162 2 1443, 1444 4 1163, 1164 2 1445, 1446 4 1165, 1166 2 1446.1 4 1167, 1168 2 1447, 1448 OC 1169, 1170 2 1449, 1450 OC 1171, 1172 2 1451, 1452 OC 1173, 1174 2 1453, 1454 4 1221, 1222 OC 1455, 1456 OC 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 1281, 1282 OC 1467, 1468 OC 1283, 1284 3 1469, 1470 00 Supp. No. 4 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1471, 1472 OC 2117, 2118 1 1473, 1474 OC 2119, 2120 3 1475, 1476 3 2120.1 3 1477, 1478 OC 2121, 2122 1 1479, 1480 OC 2122.1 1 1481, 1482 OC 2123, 2124 OC 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 2081, 2082 OC 2143, 2144 1 2083, 2084 OC 2144.1 1 2085, 2086 OC 2145, 2146 OC 2087, 2088 OC 2147, 2148 1 2089, 2090 OC 2149, 2150 OC 2091, 2092 OC 2151, 2152 1 2093, 2094 OC 2152.1 1 2095, 2096 OC 2153, 2154 OC 2097, 2098 OC 2155, 2156 2 2099, 2100 OC 2157, 2158 1 2101 OC 2159, 2160 3 2103, 2104 4 2161, 2162 3 2105, 2106 OC 2162.1 3 2107, 2108 1 2163, 2164 4 2108.1 1 2165, 2166 4 2109, 2110 OC 2166.1 4 2111, 2112 OC 2167, 2168 OC 2113, 2114 4 2169, 2170 4 2114.1 4 2171, 2172 4 2115, 2116 OC Supp. No. 4 [3] 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. Supp. No. 4 159 § 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.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. 4 160 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. Supp. No. 4 165 § 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) Supp. No. 4 166 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. Supp. No. 4 353 § 5-4 ATLANTIC BEACH CODE Sec. 5-4. Littering. It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab or other type of refuse upon the beach in the city. (Code 1970, § 5-4) Cross reference—Refuse and garbage generally, Ch. 16. State law reference—Litter law, F.S. § 403.413. Sec. 5-5. Surfboards. It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent to the beach within the corporate limits of the city at any time and at. any Location unless the surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free end of which must be securely bound to either the ankle or wrist of the surfer. (Ord. No. 95-82-25, § 1, 4-26-82) Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities. It shall be unlawful for any person to park a sailboat or catamaran on the beach in any manner which will obstruct the view of lifeguards performing lifeguard activities. Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach. It shall be unlawful for any person to operate any motorized boat or other motorized apparatus within two hundred (200) feet of the beach. Secs. 5-8-5-15. Reserved. ARTICLE 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. 4 354 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. 4 355 [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