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AB Code Supplement 3SUPPLEMENT NO. 3 CODE OF ORDINANCES City of ATLANTIC BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 90-85-97, enacted January 13, 1986. See Code Comparative Table, page 1993. Remove old pages ix through xii Checklist of up-to-date pages 159, 160 177, 178 195 247, 248 839, 840, 841 943 through 946 1277 through 1280 1283, 1284 1295 through 1298 1405, 1406 1419, 1420 1425 through 1428 1475, 1476 1993 Index pages 2103, 2104 2119, 2120 2129 through 2132.1 2158.1 through 2162 Insert new pages ix through xii Checklist of up-to-date pages 159, 160 177, 178, 178.1 195, 196 247, 248 839, 840, 841 943 through 946 1277 through 1280 1283, 1284, 1284.1 1295 through 1298.2 1405, 1406 1419, 1420 1425 through 1428.1 1475, 1476 1993 Index pages 2103, 2104 2119, 2120, 2120.1 2129 through 2132 2159 through 2162.1 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida March, 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 [1] PART I CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers 1 Art. II. The Commission 5 Art. III. The City Manager 9 Art. IV. City Comptroller, City Clerk, City Treasurer and City Tax Assessor 10 Art. V. Department of Public Safety 11 Art. VI. Budget 11 Art. VII. Department of Finance 11 Art. VIII. Department of Personnel 11 Art. IX. Elections 12 Art. X. Initiative and Referendum 15 Art. XL Recall 17 Art. XII. Franchises 18 Art. XIII. Tax Administration 18 Art. XIV. Zoning 18 Art. XV. Issuance of Bonds 22 Art. XVI. Municipal Court and Department of Law 22 Art. XVII. Suits Against the City 23 Art. XVIII. General and Miscellaneous Provisions 23 Art. XIX. When Act Takes Effect 28 Charter Comparative Table—Special Acts 79 Charter Comparative Table—Ordinances 91 PART II CODE OF ORDINANCES Chapter 1. General Provisions 103 2. Administration 159 Art. I. In General 159 Art. II. City Commission 159 Art. III. City Manager 163 Art. IV. Departments 163 Div. 1. Generally 163 Div. 2. Police Department 164 Div. 3. Fire Department 164 Div. 4. Department of Finance 165 Supp. No. 3 ix ATLANTIC BEACH CODE Chapter Page 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 i87 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. W. Plumbing Code 412 Art. V. Mechanical Code 413 Art. VI. Swimming Pool Code 415 Art. VII. Numbering of Buildings 416 7 Fire Proii7.r»4inn an.i Prn4o.+}inr A�`n 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 15. Police 891 Art. I; In General 891 Art. II. Disposition of Confiscated or Lost Property 891 Supp. No. 3 x TABLE OF CONTENTS—Cont'd. Chapter Page 16. Refuse and Garbage 943 17. Signs and Advertising Structures 997 Art. I. In General 997 Art. II. Permit 1003 18. Solicitors 1055 Art. I. In General 1055 Art. II. Permit 1055 19. Streets, Sidewalks and Other Public Places 1107 20. Taxation 1157 Art. I. In General 1157 Art. II. Public Service Tax 1157 Div. 1. Generally 1157 Div. 2. Telephone Service 1159 Art. III. Occupational License Tax 1160 Art. IV. Insurance Premium Taxes 1170 21. Traffic and Motor Vehicles 1221 Art. I. In General 1221 Art. II. Stopping, Standing and Parking 1222 Div. 1. Generally 1222 Div. 2. Enforcement 1225 22. Utilities 1277 Art. L In General 1277 Art. II. Waterworks System 1277 Art. III. Wastewater System 1284 Div. 1. Generally 1284 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1287 Div. 4. Building Sewers and Connections 1288 Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer Use User Rates and Charges 1295 Div. 8. Sewer System Extensions 1299 23. Vegetation 1351 Art. I. In General 1351 Art. II. Trees 1351 Art. III. Accumulation of Weeds 1352 24. Zoning and Subdivision Regulations 1403 Art. I. In General 1403 Art. II. Language and Definitions 1404 Art. III. Zoning Regulations 1420 Div. 1. Generally 1420 Div. 2. Administration 1420 Div. 3. Application Procedures 1424 Div. 4. General Provisions and Exceptions 1429 Div. 5. Establishment of Districts 1433 Supp. No. 3 xi ATLANTIC BEACH CODE Chapter Page Div. 6. Planned Unit Development (PUD) 1446 Div. 7. Supplementary Regulations 1452 Art. IV. Subdivision Regulations 1464 Div. 1. Generally 1464 Div. 2. Application Procedure 1466 Div. 3. Required Improvements 1473 Div. 4. Assurance for Completion and Maintenance of Improvements 1474 Div. 5. Design and Construction Standards 1477 Code Comparative Table -1970 Code 1983 Code Comparative Table—Ordinances 1987 Code Comparative Table—Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2103 Supp. No. 3 xii Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement.) From our experience in publishing Looseleaf Supplements on a page -for - page substitution basis, it has become evident that through usage and sup- plementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been re- printed in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 167, 168 1 iii OC 169, 170 1 v, vi OC 170.1 1 vii, viii 1 171, 172 OC ix, x 3 173, 174 OC xi, xii 3 175, 176 OC 1, 2 00 177, 178 3 3, .4 OC 178.1 3 5,; 6= OC 179, 180 OC 7, 8 OC 181, 182 OC 9, 10` OC 183, 184 OC 11, 12 OC 185, 186 2 13, 14 OC 186.1 2 15, 16 OC 187, 188 OC 17, 18 OC 189, 190 OC 19, 20 OC 191, 192 OC 21, 22 OC 193, 194 OC 23, 24 OC 195, 196 3 25, 26 OC 245, 246 OC 27, 28 OC 247, 248 3 79 OC 299, 300 OC 91 OC 301, 302 OC 103, 104 OC 303 OC 105, 106 OC 353, 354 OC 107, 108 OC 355 OC 159, 160 3 405, 406 OC 161, 162 OC 407, 408 OC 163, 164 OC 409, 410 OC 165, 166 OC 411, 412 OC Supp. No. 3 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 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 3 523, 524 OC 1297, 1298 3 525, 526 OC 1298.1, 1298.2 3 577, 578 OC 1299, 1300 OC 579, 580 OC 1301 OC 581 OC 1351, 1352 OC 631, 632 OC 1353 OC 683, 684 OC 1403, 1404 OC 685 OC 1405, 1406 3 735, 736 OC 1407, 1408 OC 737 OC 1409, 1410 OC 787, 788 OC 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 OC 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 OC 1431, 1432 OC 1055, 1056 OC 1433, 1434 OC 1057 OC 1435, 1436 OC 1107 OC 1437, 1438 OC 1157, 1158 OC 1439, 1440 OC 1159, 1160 2 1441, 1442 OC 1161, 1162 2 1443, 1444 OC 1163, 1164 2 1445, 1446 OC 1165, 1166 2 1447, 1448 OC 1167, 1168 2 1449, 1450 OC 1169, 1170 2 1451, 1452 OC 1171, 1172 2 1453, 1454 OC 1173, 1174 2 1455, 1456 OC 1221, 1222 OC 1457, 1458 2 1223, 1224 2 1459, 1460 2 1225, 1226 OC 1461, 1462 OC 1227 OC 1463, 1464 OC 1277, 1278 3 1465, 1466 OC 1279, 1280 3 1467, 1468 OC 1281, 1282 OC 1469, 1470 OC 1283, 1284 3 1471, 1472 OC 1284.1 3 1473, 1474 OC 1285, 1286 OC 1475, 1476 3 Supp. No. 3 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1477, 1478 OC 2119, 2120 3 1479, 1480 OC 2120.1 3 1481, 1482 OC 2121, 2122 1 1483 OC 2122.1 1 1983, 1984 OC 2123, 2124 OC 1985 OC 2125, 2126 OC 1987, 1988 OC 2127, 2128 OC 1989, 1990 OC 2129, 2130 3 1991, 1992 2 2131, 2132 3 1993 3 2133, 2134 OC 2043 OC 2135, 2136 OC 2053, 2054 OC 2137, 2138 1 2055 2 2138.1 1 2081, 2082 OC 2139, 2140 OC 2083, 2084 OC 2141, 2142 OC 2085, 2086 OC 2143, 2144 1 2087, 2088 OC 2144.1 1 2089, 2090 OC 2145, 2146 OC 2091, 2092 OC 2147, 2148 1 2093, 2094 OC 2149, 2150 OC 2095, 2096 OC 2151, 2152 1 2097, 2098 OC 2152.1 1 2099, 2100 OC 2153, 2154 OC 2101 OC 2155, 2156 2 2103, 2104 3 2157, 2158 1 2105, 2106 OC 2159, 2160 3 2107, 2108 1 2161, 2162 3 2108.1 1 2162.1 3 2109, 2110 OC 2163, 2164 1 2111, 2112 OC 2165, 2166 OC 2113, 2114 OC 2167, 2168 OC 2115, 2116 OC 2169, 2170 OC 2117,2118 1 2171,2172 OC Supp. No. 3 [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, §§ 2-41-2-130 Div. 1. Generally, §§ 2-41-2-50 Div. 2. Police Department, §§ 2-51-2-60 Div. 3. Fire Department, §§ 2-61-2-70 Div. 4. Department of Finance, §§ 2-71-2-130 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. 3 159 § 2-16 ATLANTIC BEACH CODE following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. Additional regular meetings shall be held on the night of every election. (Code 1970, § 2-2; Ord. No. 5-83-10, § 1, 12-12-83) Sec. 2-17. Calling special meetings. The mayor -commissioner, city manager or a majority of the city commission may call a special meeting of the city commission on twenty-four (24) hours' notice. (Code 1970, § 2-2) Sec. 2-18. Quorum. Three (3) members of the city commission shall constitute a quorum, but a less number may adjourn from time to time until a quorum is present. (Code 1970, § 2-4) Sec. 2-19. Rules of conduct and procedure at meetings. The following rules shall govern procedure and conduct of city commission meetings: (1) Rule 1. The mayor -commission shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meeting and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, may speak to points of order in preference to other members, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commis- sion by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. (2) Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one (1) member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, and each call of the roll shall be restated in a manner so that upon each call thereof, he will commence with the member's name that was called second upon the preceding roll call, and thereafter proceed to call the roll according to alphabetical order; except, that the mayor - commissioner's name shall be called last. (3) Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding officer shall pass upon the point of order. (4) Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time. (5) Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. Supp. No. 3 160 ADMINISTRATION § 2-271 Actuaries, or a person who has demonstrated an educational background necessary for the practice of actuarial science, and has at least five (5) years of relevant actuarial experience. A partnership or corporation may be appointed actuary if the duties of actuary are performed by or under the direct supervision of a person who meets the preceding qualifications. (6) Medical director: The board may appoint as medical director a physician who is not a member, retirant or beneficiary. The medical director shall arrangefor and pass upon all medical examiners required in the administration of the retirement system, and shall investigate all statements and certificates of a medical nature which are presented in connection with the operation of the retirement system. The medical director shall report his conclusions and recommendations in writing. (7) Services: The board is authorized and empowered to employ such professional and other services as are required for the proper administration of the retirement system. The services, other than actuarial and medical, shall be obtained and the compensa- tion for the services shall be fixed in accordance with city operating procedures. (Ord. No. 58-75-4, § 9, 12-22-75) See. 2-271. Membership. (a) All persons who are city employees, and all persons who become city employees, shall be members of the retirement system, except as provided in subsection (b) of this section. Elected officials of the City of Atlantic Beach may elect to become members of the city retirement system as provided herein or, at their option, may participate in a program of deferred compensation as authorized by the city commission. (b) The membership of the retirement system shall not include: (1) Any city employee who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum (this does not include elected officials who, by their application, have become members of the system); (2) Any city employee who is compensated on a fee basis; (3) Any person participating in another program of deferred compensation as approved by the city commission. (c) Any member who ceases to be a city employee shall thereupon cease to be a member, except as provided in section 2-278. (d) The board of trustees shall decide all questions concerning the membership status of any person. (Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. No. 58-85-6, 1-13-86) Supp. No. 3 177 § 2-272 ATLANTIC BEACH CODE Sec. 2-272. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe. In no case shall more than one (1) year of credited service be credited on account of all service rendered by a member in any one period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one -twelfth of a year. The board of trustees may credit a member with a full year of credited service if the member has rendered at least ten -twelfths of a year of service during any period of twelve (12) consecutive calendar months. (Ord. No. 58-75-4, § 12, 12-22-75) Sec. 2-273. Loss of credited service. A retirement system member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than ten (10) years of credited service. (Ord. No. 58-75-4, § 13, 12-22-75) Sec. 2-274. Reinstatement of credited service. A member's last forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture. (Ord. No. 58-75-4, § 14, 12-22-75) Sec. 2-275. Military service credit. (a) A member of the retirement system who leaves or left city ernnlnymPnt to enter any armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commission shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city within one (1) year from and after the date of termination of such active duty; (2) In no case shall more than six (6) years of service be credited on account of all military service. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section. (Ord. No. 58-75-4, § 15, 12-22-75) Sec. 2-276. Voluntary retirement conditions. (a) A member of the retirement system may retire upon satisfaction of each of the following requirements: Supp. No. 3 178 ADMINISTRATION § 2-276 (1) The member files written application for retirement with the board of trustees setting forth the date, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, retirement is to be effective; (2) The member terminates all city employment prior to the date retirement is to be effective; (3) The member has met one of the age and service requirements for retirement specified in subsection (b) applicable to the member's benefit group. Supp. No. 3 178.1 ADMINISTRATION § 2-367 monthly log of the actual miles traveled and a monthly request for reimbursement. Travel occurring outside county or travel in conjunction with the authorized traveler receiving reimbursement for meals and lodging expense or for travel to and from home shall not be included in the log. (Ord. No. 5-83-11, § 8, 1-9-84) Sec. 2-364. Reimbursable incidental expenses. An authorized traveler may be reimbursed for incidental travel expenses incurred during the course of travel. These incidental travel expenses include but are not limited to the following: (1) Taxi, ferry and airport limousine fares; (2) Bridge, road and tunnel tolls; (3) Storage and parking fees; (4) Telephone and telegraph charges relating to city business; (5) Registration, convention or tuition fees not prepaid by the city. (Ord. No. 5-83-11, § 9, 1-9-84) Sec. 2-365. Auditing. A travel expense report or voucher as developed by the city manager shall be submitted to the director of finance within thirty (30) days after the travel expense. Each approved travel expense report will be audited by the director of finance when received. (Ord. No. 5-83-11, § 10, 1-9-84) Sec. 2-366. Fraudulent claims. Claims submitted pursuant to this division shall be signed by the authorized traveler and shall be verified by a written declaration that it is true and correct as to every material matter. Any individual who makes or aides in the making of a false or fraudulent claim shall be guilty of a violation against the city and upon conviction thereof shall be punished as provided by section 1-11 or in the city's personnel rules and regulations. In addition, any person who received a travel allowance, advance or reimbursement by means of a false claim shall be civilly liable for the repayment of the amount into the public fund from which the claim was paid. (Ord. No. 5-83-11, § 11, 1-9-84) DIVISION 4. SERVICE AND USER CHARGES Sec. 2-367. Authorization. The City of Atlantic Beach hereby authorizes the establishment of service charges and user fees for services provided by the city not otherwise paid for by advalorem taxes and as set and approved from time to time by the city commission. (Ord. No. 5-85-15, § 1, 1-13-86) Supp. No. 3 195 § 2-368 ATLANTIC BEACH CODE Sec. 2-368. Fees and charges. In accordance with the provisions of section 2-367 herein, the following fees and charges are approved: Water late charge (after 30 days) $ 5.00 Water delinquent charge (cut-on/cut-off) 15.00 Application for rezoning 100.00 On approval of zoning change, an additional 150.00 Application for exception 75.00 Application for variance 50.00 City clerk lien letter ............................... 3.00 Copy machine (per copy) .10 Backhoe (including travel time), minimum four hours portal to portal, per hour 35.00 Labor, actual cost plus 30 percent fingers Mud hog, per hour 15.00' Trucks, each (including travel time), per hour 10.00 Tractor (including travel time), per hour 25.00 Bush hog, per hour 15.00 Materials, cost plus 10 percent for handling (Ord. No. 5-85-15, § 1, 1-13-86) Supp. No. 3 [The next page is 2451 196 ALCOHOLIC BEVERAGES § 3-9 derives not less than fifty (50) percent of gross income from the sale of food prepared, and served on the premises, provided that such a restaurant with a beverage license permitting consumption on the premises of alcoholic beverages including liquor (hard liquor) shall have a seating capacity of not less than one hundred fifty (150) seats and overall floor area of not less than three thousand (3,000) square feet; nor shall the foregoing provisions of this section apply to grocery stores or drugstores licensed to sell alcoholic beverages for off -premises consumption only. (Ord. No. 90-82-73, § 1, 7-28-82; Ord. No. 10-82-14, § 1, 1-24-83) State law reference—Authority to regulate location of alcoholic beverage establish- ments, F.S. § 562.45(2). Sec. 3-7. Measurement of distances. All distances provided in this chapter shall be measured as follows: (1) With respect to the distance between a location for which an alcoholic beverage license is proposed and a location where such a license exists, the distance shall be measured by following a straight line from the nearest point of the building or portion of a building which is the proposed license premises to the nearest point of the building or portion of a building which is the existing licensed premises. (2) With respect to the distance between a location for which an alcoholic beverage license is proposed and an established church or school, the distance shall be mea- sured by following a straight line from the nearest point of the building or portion of a building to be used as a part of the proposed location to the nearest point of the grounds contiguous to and a part of the church or school facilities. (Ord. No. 10-80-13, § 3-7, 4-28-80) Sec. 3-8. Conditions of existing establishments. (a) Establishments in locations presently open for business and where a current valid alcoholic beverage license existed on April 28, 1980, shall not in any manner be affected by this chapter, nor shall any right of renewal of such licenses be altered or changed by the distance limitations or any other provision of this chapter. (b) Notwithstanding the limitations of this chapter, any location shall be approved for an alcoholic beverage license if in compliance with the zoning code and the license is being transferred or moved from a location where a current valid license existed prior to April 28, 1980 nor shall the number of times the license may be transferred or moved be limited so long as each new location meets the requirements of this chapter with respect to locations of churches, schools or existing alcoholic beverage licenses. (Ord. No. 10-80-13, § 3-8, 4-28-80) Sec. 3-9. Lighting requirements on premises. Each vendor licensed to sell alcoholic beverages in the city, during all times his premises are open for business or in which members of the public are admitted, shall maintain not less than five (5) footcandles of light in all parts of his premises to which members of the public are Supp. No. 3 247 § 3-9 ATLANTIC BEACH CODE admitted and where the sale of the beverages is made or the beverages dispensed or con- sumed. It shall be unlawful for any such vendor to sell, offer for sale, serve or dispense or permit to be consumed any alcoholic beverages upon part of his premises unless the same is then and there lighted with not less than five (5) footcandles of light. (Code 1970, § 3-5; Ord. No. 10-80-13, § 3-9, 4-28-80) Sec. 3-10. Consumption on vendor's premises. It shall be unlawful for any person to consume any alcoholic beverages on the premises of any licensed vendor except within: (1) The building which is the address of the licensed vendor; or (2) Within a recreation area contiguous to the building, and maintained and controlled by the licensed vendor exclusively for recreational purposes including but not limited to golf facilities, tennis facilities, swimming facilities, or other recreational purposes. (Code 1970, § 3-7; Ord. No. 10-80-13, § 3-11, 4-28-80; Ord. No. 10-85-16, § 1, 9-23-85) Editor's note—Ord. No. 10-85-16, § 1, adopted September 23, 1985, repealed former § 3-10 and renumbered §§ 3-11, 3-12 as §§ 3-10, 3-11. Former § 3-10 was concerned with the use of sound -producing equipment outdoors, and derived from Code of 1970, § 3-6, and Ord. No. 10-80-13, § 3-10, adopted April 28, 1980. Sec. 3-11. Consumption, possession of open container upon public property. It shall be unlawful for any person to consume alcoholic beverages upon the public properties within the city, or for any person to be in possession of an open container of an alcoholic beverage upon the public properties within the city. Such public property shall include, but not be limited to, roads, streets, highways, parks and the ocean beach. (Code 1970, 3-8; Ord. No. 10-85-16, § 1, 9-23-85) Note—See editor's note to § 3-10. Supp. No. 3 248 [The next page is 299] Chapter 14 PLANNING* Art. I. In General, §§ 14-1-14-15 Art. II. Advisory Planning Board, §§ 14-16-14-22 ARTICLE I. IN GENERAL Sec. 14-1. Comprehensive plan. (a) The comprehensive plan of the city, entitled "City of Atlantic Beach Comprehensive Plan," is incorporated herein by reference, including the comprehensive plan land use ele- ment map, which is an integral part of the plan, is hereby adopted for the area of jurisdiction of the city pursuant to the Local Government Comprehensive Planning Act of 1975. (b) Not less than one (1) copy of the comprehensive plan, and any subsequent amend- ments thereto, shall be maintained for public inspection in the office of the city clerk, and not less than one (1) additional copy, and any subsequent amendments thereto, shall be main- tained for public inspection in the office of the city manager. (Ord. No. 95-81-23, §§ 1, 2, 6-26-81) Secs. 14-2-14-15. Reserved. ARTICLE II. ADVISORY PLANNING BOARDt Sec. 14-16. Created. There is hereby created an advisory planning board. (Code 1970, § 2-6) Sec. 14-17. Composition; qualifications of members; officers. The advisory planning board shall consist of five (5) members appointed by the city commission, none of whom shall hold any other public office or position in the city. The board shall elect its chairman and other necessary officers from among the appointive members. (Code 1970, § 2-7; Ord. No. 95-85-27, § 1, 12-9-85) *Cross references—Administration, Ch. 2; buildings and building regulations, Ch. 6; flood hazard districts, Ch. 8; mobile homes and recreational vehicles, Ch. 10; signs and advertising structures, Ch. 17; streets, sidewalks and other public places, Ch. 19; utilities, Ch. 22; zoning and subdivision regulations, Ch. 24. State law references—State comprehensive planning, F.S. § 23.011 et seq.; Local Gov- ernment Comprehensive Planning Act, F.S. § 163.3161 et seq. tCross references—Administration, Ch. 2; boards and commissions generally, § 2-131 et seq. Supp. No. 3 839 § 14-18 ATLANTIC BEACH CODE Sec. 14-18. Terms of office of members; filling of vacancies. The term of the appointive members of the advisory planning board shall be for four (4) years; except, that the first members appointed shall serve staggered terms. All terms shall expire on December thirty-first of the proper year. Any vacancy during the unexpired term of an appointive member shall be filled by the city commission for the remainder of the term. (Code 1970, § 2-8; Ord. No. 95-85-27, § 1, 12-9-85) Sec. 14-19. Removal of members. Any member of the advisory planning board may be removed for cause by the city commission upon written charges and after public hearing. (Code 1970, § 2-9) Sec. 14-20. unties. The advisory planning board shall have the duty, responsibility and authority to: (1) Make recommendations to the city commission for the physical development of the city; (2) Exercise supervisory control over planning or subdividing land within the city, following the standards established by the city commission pertaining to such plan- ning or subdividing; (3) Recommend to the city commission proposed changes in the official map of the city; (4) Recommend to the city commission proposed changes in the provisions of chapter 24 of this Code; (5) Submit to the city commission their recommendation concerning all applications for changes in the provisions of chapter 24 referred to them by the city commission; (6) Submit annually to the city manager, not less than one hundred twenty (120) days prior to the beginning of the budget year, a list of recommended capital improve- ments which, in the opinion of the board, are necessary or desirable to be constructed. The list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year; (7) Promote public interest in and understanding of the planning, zoning and beautifica- tion of the city; (8) Meet on a regularly scheduled day each month and periodically on call, and keep a public record of all its meetings, resolutions, findings and determinations; (9) Require information from other departments of the city government in relation to its work, which information shall be furnished to them within a reasonable time; (10) Request additional assistance for special survey work of the city manager, who may, at his discretion, assign to the board members of the staff of any administrative department or direct such department to make a special study requested by the board; Supp. No. 3 840 PLANNING § 14-22 (11) Recommend to the city commission plans for the planning, replanning, improvement and redevelopment of the city; (12) Recommend to the city commission plans for the replanning, reconstruction or rede- velopment of any area or district which may be destroyed in whole or in part or seriously damaged by fire, earthquake, flood or other disaster. (Code 1970, § 2-10) Sec. 14-21. Certification of plans and recommendations to city commission. All plans or recommendations of the advisory planning board, in order to be accorded official cognizance by the city commission, must be certified to the city commission through the office of the city manager by the chairman of the advisory planning board as the official act of the board, duly passed by a majority vote of the board as distinguished from the personal views or desires of any single member or group of members of the board. This provision is not intended as prohibiting the board from submitting alternate plans or recom- mendations or of submitting minority plans of recommendations in certain cases when so approved by a majority vote of the board to be also certified to the city commission for consideration. (Code 1970, § 2-11; Ord. No. 95-85-27, § 1, 12-9-85) Sec. 14-22. Local planning agency. The advisory planning board is hereby designated as the local planning agency for purposes of comprehensive planning in compliance with the requirements of F.S. § 163.3174. (Code 1970, §: 2-1.3). Supp. No. 3 841 [The next page is 891] Chapter 16 REFUSE AND GARBAGE*' Sec. 16-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the mean- ings respectively ascribed to them by this section: Commercial A unit shall mean any business establishment. Within this classification are, by way of example, stores, shops, grocery stores, food stores, amusement houses, drug and sundry stores, dry goods and hard goods stores, package stores, filling stations, shopping centers and restaurants. Commercial B unit shall mean any businesses, professions or occupations not required to have a commercial dumpster. Garbage shall mean every refuse accumulated from cooking, cleaning and housekeeping. Garbage can shall mean a can of the type commonly sold as a garbage can, in good condition and covered with a tight -fitting lid. Garden trash shall mean all the refuse accumulated from the care of lawns, shrubbery or vines and tree limbs. Residence A unit shall mean a residence occupied by and the place of abode of a single family where one (1) kitchen only is provided and maintained. Residence B unit shall mean duplex residences under a single roof, or apartments consist- ing of two (2) or more units under a single roof, or a primary and secondary dwelling on the same lot. Residence C unit shall mean a group of apartments or living quarters where it is not feasible to have garbage picked up from each individual residence and where central pick-up of garbage and trash is required by a dumpster. (Code 1970, § 18-1; Ord. No. 55-85-21, § 1, 12-9-85) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 16-2. Garbage cans and trash containers. (a) Required. All residents or occupants of residences, apartments or places of business within the city shall provide garbage cans of sufficient capacity to hold two (2) days' accumu- lation of garbage. (b) Storage. Garbage cans set out for garbage collection shall not be placed closer than twenty (20) feet to the street from which garbage service is rendered, nor farther back than the building line. Garbage can blinds, which are in architectural harmony with the building, *Cross references—Littering on the beaches, § 5-4; occupational license tax for garbage and trash collectors, § 20-59; utilities, Ch. 22; accumulation of weeds, § 23-36 et seq. Supp. No. 3 943 § 16-2 ATLANTIC BEACH CODE. or underground containers, may be placed anywhere between the building and the street from which garbage service is rendered, but in no case shall they be located on public property. Any residence or commercial unit to which this section creates a hardship to either the resident of the property or the city sanitation department for placement of containers for garbage service shall apply to the building official, who shall thereupon determine the location at which garbage cans shall be placed. Garbage cans not in underground containers or blinds shall not be left in a front yard overnight. Garbage cans located other than as described in this section shall not be emptied. In cases where lots run from street to street, the provisions of this section applicable to front yards shall also apply to rear yards. (c) Inspection and approval. All garbage and trash cans shall be subject to inspection and approval or condemnation by the inspectors of the sanitation department of the city, and no appeal from the condemnation shall be possible except to the city commission. (d) Emptying contents. All garbage cans and trash containers shall be emptied at least once each day, except Sunday, and the contents thereof shall be disposed of at least once each day, except Sunday, in residential districts and as designated by the city manager in the business districts. (e) Dumpsters required. All Commercial A type units shall be required to have a commer- cial dumpster for disposal of garbage and trash. It shall be the duty of the director of public services to determine the size dumpster required. Appeals of his decisions may be made to the city manager. (Code 1970, § 18-2(a)—(d); Ord No. 55-85-21, § 2, 12-9-85) Sec. 16-3. Leaves and grass clippings; tree trunks. Leaves and grass clippings shall be placed for collection at the curb in either a receptacle meeting the standard for garbage collection or a disposable plastic or waterproof paper bag securely fastened at the opening. Tree trunks, stumps, limbs, trimmings or waste building materials shall not exceed five (5) feet in length nor shall any single item exceed a weight of more than fifty (50) pounds. (Code 1970, § 18-2(e)) Sec. 16-4. Burial of garbage. No garbage shall be buried upon the premises of the person by whom the garbage is accumulated. No garbage shall be buried elsewhere in the city except upon written permit of the city manager. (Code 1970, § 18-3) Sec. 16-5. Depositing on vacant lots, streets, parks, etc., prohibited; compost piles. (a) It shall be unlawful to deposit garbage, trash, bottles, cans or containers upon any vacant or unoccupied premises of the city, or upon any street, alley or park. (b) It shall be unlawful for any person to deposit garden trash upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or upon any other lot or Supp. No. 3 944 REFUSE AND GARBAGE § 16-7 premises, or a street, plaza, alley or park, or in any canal, waterway, lake or pool within the city. Garden trash containing no combustible matter or matter which will, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. (Code 1970, § 18-4) State law reference—Florida Litter Law, F.S. § 403.413. Sec. 16-6. Permit for collection, removal, transportation and disposal. (a) No person shall remove garbage or trash from any premises in the city, or transport garbage or trash through the streets or alleys or public ways of the city, or dump, incinerate or in any other manner dispose of garbage or trash originating in the city, or contract for or permit himself to be employed or engaged for any such removal, transportation or disposal, without first having secured a permit for such services from the director of finance. Before issuing the permit, the director of finance shall require the execution of an application form, to be furnished by him, showing the names of the principal officers and the names of the persons who are to actually perform the services for the corporation, together with the business and home addresses of each of the persons, a description of the equipment to be used in the removal, transportation and disposal and the exact location of and the method of disposal, which application shall be submitted to and approved by the city commission as a prerequisite to the issuance of the permit. When the application specifies a point of disposal beyond the limits of the city, the city manager shall determine that the disposal of garbage at the point named, and by the method described in the application are satisfactory to the proper authorities of the county or of the municipality, if the point is within a municipality. No permittee under this section shall change any of the personnel names in the application, nor any of the equipment used for removal or transportation, nor the location or method of disposal, as described in the application, without first having reported the changes to the city manager and secured his approval and permission therefor, and in the cases of changes in the location and method of disposal, if beyond the limits of the city, the changes shall also be approved by the proper authorities of the county or of the municipality within which the disposal point is located. (b) The city reserves the right to reject any application without the necessity for showing cause of the action, provided the contractor undertakes to perform work not in the best interests of the city. (Code 1970, § 18-5) Sec. 16-7. Fees for collection. All residents, occupants and owners of premises in the city who have not arranged for private disposal of garbage and trash as elsewhere authorized in this article shall have accumulations of garbage and trash removed and disposed of by the sanitation department of the city, and for the service of garbage and trash removal shall pay the director of finance the sums shown below for each service: (1) Residence A unit: For each residence A unit, twenty-one dollars ($21.00) per quarter. Supp. No. 3 945 § 16-7 ATLANTIC BEACH CODE (2) Residence B unit: For each residence B unit, twenty-one dollars ($21.00) quarterly per living unit. (3) Residence C unit: For each residence C unit, twenty-one dollars ($21.00) quarterly per living unit; if central pickup of garbage and trash placed in containers, dumpsters, two (2) cubic yards furnished and maintained by the city, one hundred forty-five dollars ($145.00) quarterly per container, one dollar and thirty-five cents ($1.35) per yard. (4) Commercial A unit: For each commercial A unit, one dollar and thirty-five cents ($1.35) per yard per quarter as follows: One 2 cubic yard dumpster, $210.60 per quarter. One 4 cubic yard dumpster, $421.20 per quarter. One 6 cubic yard dumpster, $631.80 per quarter. One 8 cubic yard dumpster, $842.40 per quarter. Note: Charge includes dumpster maintenance and replacement. (5) Commercial B unit: All business, professions and occupations not required to have a commercial dumpster: With owner or operator, per quarter, twenty-four dollars ($24.00). With owner or operator and one employee, per quarter, twenty-seven dollars ($27.00). With owner or operator and two (2) employees, per quarter, thirty dollars ($30.00). With owner or operator and three (3) employees, per quarter, thirty-six dollars ($36.00). With owner or operator and four (4) employees, per quarter, forty-two dollars ($42.00). With owner or operator and five (5) or more employees, per quarter, forty-eight dollars ($48.00). (Ord. No. 55-81-18, 9-28-81; Ord. No. 55-85-21, § 3, 12-9-85) Sec. 16-8. Noncomplying trash collection. The city shall not be required to collect any trash which does not comply with this chapter. (Code 1970, § 18-2(1)) Sec. 16-9. Removal of lot clearing, contractors' debris; oil and grease. Trash and debris caused from the operation of lot cleaning or clearing and contractors' debris caused from building, rebuilding or otherwise altering of buildings or structures shall be removed by the owner or contractor performing the work. Spent oils or greases accumu- lated at garages, filling stations or similar establishments will not be removed by the city. (Code 1970, § 18-8) Supp. No. 3 946 Chapter 22 UTILITIES* Art. I. In General, §§ 22-1-22-15 Art. II. Waterworks System, §§ 22-16-22-55 Art. III. Wastewater System, §§ 22-56-22-195 Div. 1. Generally, §§ 22-56-22-70 Div. 2. Use of Public Sewers Required, §§ 22-71-22-85 Div. 3. Private Wastewater Disposal, §§ 22-86-22-100 Div. 4. Building Sewers and Connections, §§ 22-101-22-125 Div. 5. Use of Public Sewers, §§ 22-126-22-150 Div. 6. Powers and Authority of Inspectors, §§ 22-151-22-165 Div. 7. Sewer Use User Rates and Charges, §§ 22-166-22-190 Div. 8. Sewer System Extensions, §§ 22-191-22-195 ARTICLE I. IN GENERAL Secs. 22-1-22-15. Reserved. ARTICLE II. WATERWORKS SYSTEM' Sec. 22-16. Application for water service. It shall be unlawful for any person to use city water without first making application in writing to the city for service at least forty-eight (48) hours before the service is desired and paying all charges incident to the application. The applications shall be made on forms furnished by the city and shall constitute an agreement by the consumer with the city to abide by the rules of the city in regard to its service of water. Applications for service requested by firms, partnerships, associations and corporations shall be tendered only by their duly author- ized agents, and the official title of the agent shall be shown on the application. (Code 1970, § 27-1) *Cross references—Administration, Ch. 2; buildings and building regulations, Ch. 6; mobile homes and recreational vehicles, Ch. 10; planning, Ch. 14; refuse and garbage, Ch. 16; signs, posters, etc., prohibited on sidewalks, utility poles, etc., § 17-8; streets, sidewalks and other public places, Ch. 19; public service tax, § 20-10 et seq.; zoning regulation for utility structures, § 24-170. State law references—Water and sewer systems, F.S. Ch. 367; supervision and control of systems of water supply, sewerage, refuse and sewage treatment by the department of health and rehabilitative services, F.S. § 381.261. tCross reference—Plumbing code, § 6-56 et seq. Supp. No. 3 1277 § 22-17 ATLANTIC BEACH CODE Sec. 22-17. Tapping of mains, etc., restricted to city employees. No person shall tap the city water mains or make any other connection to pipes on the supply side of any meter except those persons duly employed by the city for such purposes. (Code 1970, § 27-2) Sec. 22-18. Connection charges; initial payment of minimum water rental. (a) Upon the application of the owner or consumer for water service, the connection charge shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor. Connection charges will be established by the city commission from time to time. (b) The minimum water rental for the period from the date of installation to the following minimum water billing date shall be collected at the time payment is made for the connection charge. (c) For the purposes of this subsection and subsection (d) of this section, fixture units are established as the measurement of water demand for each water fixture installed and con- nected to the city water system. Fixture units are assigned by the city plumbing code. The water supply charge is hereby fixed at ten dollars ($10.00) per fixture unit connected to the city water system after enactment of this subsection and subsection (d) of this section. (d) The director of finance is directed to receive the connection charge and cause same to be invested in interest-bearing securities that are most advantageous to the city's interest. The securities shall be entitled "City of Atlantic Beach, Water Fund." The water fund shall be used solely for capital improvements to the water plant and supply system. (Code 1970, § 27-3) Sec. 22-19. Temporary service. Temporary service, such as service for circuses, fairs, carnivals, construction work and the like, shall be provided upon written application accompanied by a deposit sufficient to cover the city's estimate of the proper charge for water to be consumed, materials, labor and other expense incurred by the city in providing the service. Upon termination of this service, any balance of the deposit shall be refunded to the consumer. (Code 1970, § 27-4) Sec. 22-20. Granting necessary easements by consumer. The consumer shall grant or cause to be granted to the city, without cost, all rights, easements, permits and privileges which are necessary for providing service. (Code 1970, § 27-5) Sec. 22-21. Right of access by city employees. Duly authorized employees of the city shall have access at all reasonable hours to the premises of the consumer for the purpose of reading meters, installing or removing any of its property, examining pipes or fixtures or for any purpose incidental to providing service. (Code 1970, § 27-5) Supp. No. 3 1278 UTILITIES Sec. 22-22. Fee to reestablish service : r r cutoff. § 22-27 If water service is turned off, either because of delinquency or upon the request of the consumer, for any purpose, a cut -on fee of fifteen dollars ($15.00) shall be charged and paid when water is turned on. A late fee of five dollars ($5.00) will be charged if an account is not paid within thirty (30) days of the billing period. (Code 1970, § 27-6; Ord. No. 80-85-25, § 1, 3-11-85; Ord. No. 5-85-15, § 2, 1-13-86) Sec. 22-23. Testing of meters; liability for cost of testing; adjustment of bills. Upon written request of a consumer, the meter will be tested by the city. If the meter, when tested, is found to be not more than two (2) percent fast, the expense of the test shall be paid by the consumer at a cost of five dollars ($5.00); otherwise, the expense of the test will be borne by the city, and billing adjustments for a period not to exceed six (6) months will be made. (Code 1970, § 27-7) Sec. 22-24. Liability of consumer for charges; no allowance to be made for vacant houses unless water shut off. Liability for service shall begin on the day the consumer is connected to the city water main and shall continue thereafter until the service is disconnected for nonpayment or for other cause, after written notice is given the city by the consumer of his desire to terminate the service. No allowance will be made for vacant houses unless a request in writing to have the water shut off is received by the city, nor will any allowance be made for any shut-off period less than thirty (30) days. (Code 1970, § 27-8) Sec. 22-25. Basis for billing if meter fails to register. If any meter on a consumer's premises is destroyed by fire or other causes or fails to register, the consumer will be billed for the period involved on a basis of previous consumption. (Code 1970, § 27-9) Sec. 22-26. Determination of type of service for each consumer. The city manager, or some person designated by him, shall have the authority to deter- mine what type of service shall be rendered by the city to each consumer. (Code 1970, § 27-10) Sec. 22-27. Property owner responsible to city for water charges. The property owner shall at all times be responsible to the city for its proper charges for water service. (Code 1970, § 27-11) Supp. No. 3 1279 § 22-28 ATLANTIC BEACH CODE Sec. 22-28. Charges for water service. The reasonable rates, rentals, fees and other charges for the use of the services and facilities of the city waterworks system are hereby found and determined to be and are hereby fixed and established as follows: (1) Customers within city: a. Single units. The minimum bill for a single unit shall be for fifteen thousand (15,000) gallons of water, and shall be nine dollars ($9.00) per quarter. All water used in excess of fifteen thousand (15,000) gallons shall be charged at the rate of forty-five cents ($0.45) per one thousand (1,000) gallons. b. Multiple units. For multiple units served through the same meter, the rates and minimums shall be in accordance with the following scale. All excess gallonage shall be charged for at the same rate as provided for single units above. Minimum bill Units Gallons per quarter 2 22,500 $13.50 3 30,000 18.00 4 37,500 22.50 5 45,000 27.00 6 52,500 31.50 7 60,000 36.00 For each additional unit over 7 there will be a minimum charge of $3.75 for 6,250 gallons per unit. (2) Customers outside the city: The rates applicable to customers outside of the city shall be one and one-half (1i) times the above rate applicable to customers inside the city. (Code 1910, § 27-12; Ord. No. 80-81-20, 9-28-81; Ord. No. 80-85-27, § 1, 4-8-85) Sec. 22-29. Billing dates; failure to receive bill; when bills become delinquent; dis- connection of service for failure to pay bill. Bills for minimum and excess water will be rendered at regular intervals, but the rendering of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter. The bills for service shall be due and payable on the date of billing and shall become delinquent thirty (30) days thereafter. The director of finance shall order the immediate disconnection of all delin- quent services, and service shall not be restored until the delinquent bill and a service charge of five dollars ($5.00) is paid. (Code. 1970, § 27-13) Sec. 22-30. Private fire protection service. Fire protection service charges shall be billed annually in advance. Fire protection service, either private hydrants or sprinkler systems, shall be installed from the main inward at the expense of the consumer. All such installations shall be made in strict accordance with Supp. No. 3 1280 UTILITIES § 22-39 (b) Irrigation of lawns generally; exception. Irrigation of lawns is prohibited between 9:00 a.m. and 6:00 p.m., unless by discharge from heat pump air conditioning units. (1) Anyone watering a lawn by heat pump which does not have a secondary discharge source shall present proof of this situation and obtain a permit from the city manag- er's office identifying the situation; (2) The city manager shall devise a system to identify owners of heat pump air condition- ing unit watering systems and the city clerk is authorized to charge a reasonable administrative fee to defray any expenses incurred. (c) Irrigation of ferns, ornamentals, flowers, etc., for those utilizing water for irrigation in the growing of ferns, ornamentals, flowers, foilage, and turf grass (including cemeteries and golf courses), the following water conservation practices shall be required: (1) Irrigation is prohibited during the hours between 12:00 noon and 6:00 p.m., unless extreme weather conditions exist to warrant the use of water for freeze protection during these hours; (2) Irrigation with the use of sewage effluent shall be exempt from the provisions of this section. (d) Lawn watering schedule. Immediately upon determining that the city water system has exceeded any limitation imposed by the St. Johns River Water Management District the city manager shall implement and publicly announce the following additional water conser- vation measures. Lawn watering by city water or private wells shall be permitted only by this schedule: (1) North of Plaza Road, Mondays, Wednesdays and Fridays, between the hours of 6:00 p.m. and 9:00 a.m. the following day; (2) South of Plaza Road, Tuesdays, Thursdays and Saturdays, between the hours of 6:00 p.m. and 9:00 a.m. the following day; (3) No water to be permitted on Sundays after 9:00 a.m. (e) Additional conservation measures. Should the additional conservation measures listed in paragraph (c) fail to achieve compliance with the limitations imposed by the St. Johns River Water Management District, the city manager shall implement the following further water conservation measures: (1) The washing of sidewalks, walkways, driveways, parking lots, tennis courts, and all other hard -surfaced areas by hosing or by use of water directly from faucets or other outlets, is prohibited except it shall not be unlawful to wash such areas from water contained in a bucket or container not exceeding three -gallon capacity; (2) The washing of motor vehicles, trailers, or boats by hosing or by use of water directly from faucets or other outlets, is prohibited except: a. It shall not be unlawful to wash such motor vehicles, trailers, or boats from water contained in a bucket or container not exceeding three -gallon capacity; and Supp. No. 3 1283 § 22-39 ATLANTIC BEACH CODE b. This subsection shall not be applicable to the washing of motor vehicles, trailers, or boats at commercial vehicle washing facilities operated at fixed locations; (3) Swimming pools will not be filled or refilled using city water; (4) No water will be permitted to be used from fire hydrants for any construction work or fire drills. (Ord. No. 80-82-21, § 5, 4-26-82) Sec. 22-40. Wells—Permit required. Any person, firm, corporation, individual or other entity wishing to dig a water well for any purpose within the corporate limits of the City of Atlantic Beach must first obtain, therefore, a permit at a cost of ten dollars ($10.00) from the building department of the city of Atlantic Beach, Florida. (Ord. No. 80-85-29, § 1, 12-9-85) Sec. 22-41. Same—Bacteriological tests for potable water. Any person, individual, corporation or other entity receiving a permit as provided in section 22-40 herein, and who plans to use water from the permitted well for drinking purposes, must first obtain a bacteriological test report from the State of Florida health department, furnishing a certified copy thereof to the building department of the City of Atlantic Beach, Florida. (Ord. No. 80-85-29, § 1, 12-9-85) Secs. 22-42-22-55. Reserved. ARTICLE III. WASTEWATER SYSTEM* DIVISION 1. GENERALLY Sec. 22-56. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section: Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius expressed in milligrams per liter. Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the *Cross reference—Plumbing code, § 6-56 et seq. Supp. No. 3 1284 UTILITIES § 22-56 building and conveys it to the building sewer, and shall terminate five (5) feet or one and five -tenths (1.5) meters outside the outer face of the building wall. Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal, and shall commence five (5) feet or one and five -tenths (1.5) outside the outer wall of the building. City manager shall mean the city manager of the city or his authorized deputy agency, or representative, such as the city engineer, public works superintendent, superintendent of wastewater facilities, etc. Combined sewer shall mean a sewer intended to receive both wastewater and storm or surface water. Such combined sewer shall be prohibited. Easement shall mean an acquired legal right for the specific use of land owned by others. Floatable oil shall mean oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater Supp. No. 3 1284.1 UTILITIES § 22-166 testing pertinent to discharge to the community system in accordance with the provisions of this article. The city shall have the right to suspend service if permission is denied. (Ord. No. 80-83-23, § I(Art. VII, § 1), 6-27-83) Sec. 22-152. Information concerning industrial processes. The city manager or other duly authorized employees are authorized to obtain informa- tion concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry must establish that the revela- tion to the public of the information in question might result in an advantage to its competitors. (Ord. No. 80-83-23, § I(Art. VII, § 2), 6-27-83) Sec. 22-153. Observing safety rules; indemnification and liability. While performing the necessary work on private properties referred to in section 22-151, the manager or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 22-134. (Ord. No. 80-83-23, § I(Art. VII, § 3), 6-27-83) Sec. 22-154. Easements. The city manager and other duly authorized employees of the city bearing proper creden- tials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewa- ter facilities lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. No. 80-83-23, § I(Art. VII, § 4), 6-27-83) Secs. 22-155-22-165. Reserved. DIVISION 7. SEWER USER RATES AND CHARGES Sec. 22-166. Establishment of a quarterly base charge. User charges will be levied quarterly as follows: (1) 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. 3 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 wastewa- ter effluent to the waste stream. The ERU-factors associated with different usage classifications are as follows: Use Classification ERU-factor Single-family residential 1.00 Multifamily residential 0.75 Mobile home 0.75 Travel trailer site 0.60 Hotel/motel (per room) without kitchen 0.50 with kitchen 0.60 Restaurant (per seat) 0.25 Other (see note) Note: To be determined on a case-by-case basis where (1) ERU equals 300 gpd of effluent and the amount of effluent is determined by the city based upon industry standards, historical precedent, capacity of facilities, or other reliable considerations. (Ord. No. 80-83-23, § I(Art. VIII, § 1), 6-27-83; Ord. No. 80-85-28, § 1, 11-11-85) 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. 3 1296 UTILITIES § 22-172 Sec. 22-169. Connection fees. Charges for providing and approving connections to the sewer system with installation performed by the city are as follows and shall be in addition to impact fees. (1) Units with 34 -inch water meter $500.00 (2) Units with 1 -inch water meter or larger Cost of materials plus hourly rate times a factor of 2.5, but not less than $500.00 (Ord. No. 80-83-23, § I(Art. VIII, § 4), 6-27-83) Sec. 22-170. Impact fees. The fee for providing facilities for new connections and capacity increases for growth shall be as follows: Residences, per unit $1,035.00 Commercial: Office buildings, per 100 square feet 40.00 Groceries, per 100 square feet 20.00 Retail shops, per restroom 1,260.00 Theatres, per seat 16.00 Restaurants, per seat 160.00 Service stations, per restroom 3,150.00 Car wash, per stall 3,150.00 Beauty shops/barber shops, per chair 630.00 Laundromats, per machine 790.00 Hotels/motels, per restroom 475.00 (Ord. No. 80-83-23, § I(Art. VIII, § 5), 6-27-83) Sec. 22-171. Payment of connection fees and impact fees. Payment of connection fees shall be due and payable prior to the issuance of a building permit. For existing buildings or structures, the city manager may allow payment of fees on an extended payment plan for up to five (5) years if the owner has demonstrated to the satisfaction of the city manager that the lump sum payment will constitute a hardship to the applicant. A lien for the amount due shall be executed in recordable form reflecting the payment schedule. Upon all payments being made in full, the lien shall be release of record. (Ord. No. 80-83-23, § I(Art. VIII, § 6), 6-27-83) Sec. 22-172. Disposition of impact fees. All revenues collected by the city through sewer impact fees shall be held in a special account to be known as the wastewater system capital improvement account. The money Supp. No. 3 1297 § 22-172 ATLANTIC BEACH CODE deposited and held in said account and all interests accrued thereto shall be used only for the improvement, expansion, and/or replacement of the wastewater collection, treatment, and disposal system of the city. (Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83) Sec. 22-173. Billing. The sewer charges prescribed by this division shall be on the same bill for the city water charges and garbage collection charges, but each charge shall be shown as a separate item on the bill. No user so charged for water, sewer, and garbage services may pay either of the charges without simultaneously paying the charges for the other. Bills for sewer charges where water and/or garbage service is furnished other than through the city shall be com- puted as provided in section 22-167 and rendered at the same time as city water bills. (Ord. No. 80-83-23, § I(Art. VIII, § 8), 6-27-83) Sec. 22-174. Delinquent bills. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after the thirtieth day from the billing date, dated on the bill, a penalty of five dollars ($5.00) shall be imposed and added to the bill. The city shall mail at that time a late notice to the user stating that if the bill remains unpaid for a period of ten (10) additional days, then the city shall discontinue the service. If the bill remains unpaid for a period of ten (10) additional days, then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a turn-off and turn -on charge of fifteen dollars ($15.00). If, after discontinuation of services, the bill remains unpaid for an additional thirty (30) days, the city shall acquire a lien on the property being serviced which mayy be foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid and the lien satisfied. (Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 143-76) Sec. 22-175. Sewer charges applicable if sewer available. The rates and charges established by this division shall apply to all users whether owner, tenant, or occupier of the city water and sanitary sewer systems, or either of them, where city sewer is available for use, whether or not the connection has been made to the sewer. These charges shall not apply to any nonconnected user, until ninety (90) days after the sewer becomes available. Where notice of availability of sewer has heretofore been given to owner, tenant, or occupier, the provisions of this section shall be applicable within ninety (90) days from the date of the notice, and the city may commence billing procedures upon the expiration date of the notice. (Ord. No. 80-83-23, § I(Art. VIII, § 10), 6-27-83) Supp. No. 3 • 1298 UTILITIES § 22-177 Sec. 22-176. Revenue generation system established. A revenue generation system is hereby created which shall be designed to produce ade- quate revenue for the following: (1) Operation and maintenance (including replacement of equipment, accessories, or appurtenances during the design life of all treatment works necessary to maintain design capacity and performance) of the sewage system, and (2) A sewage system capital improvement account to accumulate the equivalent future value of the grant amount as adjusted for inflationary cost increases. For the purpose of this requirement, accumulation of the equivalent future value of the grant amount shall mean total revenue collections and appreciation of such amount. Sewage sys- tem shall mean municipal sanitary sewage facilities; capital improvements shall not include the replacement or repair of equipment, accessories, or appurtenances neces- sary to maintain design capacity and performance during the design life of all treatment works. However, capital improvement may include such repair and re- placement if they are a part of a treatment plant or pumping station capacity expansion, or upgrade necessary to meet more stringent effluent limitations required by a regulatory agency, or are necessitated as the result of man-made or natural disaster. (Ord. No. 80-85-28, § 3, 11-11-85) Sec. 22-177. Disposition of revenues for sewage system capital improvements. Deposits and withdrawals from the revenue generation sewage system capital improve- ment account shall be governed by the following provisions: (1) Revenue shall be deposited annually (or, at the municipality's election, on a more frequent basis) into the sewage system capital improvement account not later than the end of each one-year period beginning with the date of initiation of operation of the complete grant funded treatment works. The annual deposits (plus investment income) are intended to accumulate the equivalent future value (based on the pro- jected annual inflation rate of 7.8%) of the grant amount during the design life of the grant funded project. The amount of the required yearly deposit shall be determined according to the following formula: G = 834,785 DL = 20 years i = 7.8% D = Required yearly deposit Supp. No. 3 D = G X 1(1+i)DL (1+i)DL— 1. D = 834,785 .078(1+.078)20 (1+.078)20-1 D = 834,785 .078(4.4913326) 4.4913326-1 1298.1 § 22-177 ATLANTIC BEACH CODE D = 834,785 .3503239 3.4913326 D = 834,785 x .10034 D = /83,762/yr. rounded down D = 6,980/mo. Where: D equals the amount of the total yearly deposit G equals the grant amount DL equals the design life in years of the grant funded project i equals the projected annual inflation rate which is set at 7.8% Revenue may also be deposited on other than an annual basis provided the total amount deposited is equal to, or greater than, the sum of the deposits required at that time. Prepayments to the account are allowable. The city may terminate deposits to the account when the sum of all deposits exceeds (or is equal to) the amount determined by multiplying DL by D where DL and D are as described above. (Ord. No. 80-85-28, § 3, 11-11-85) Sec. 22-178. Use of accrued funds. The accrued funds shall be used only for sanitary sewer system capital improvements and may be withdrawn and used any time for this purpose. Since such withdrawn funds represent previously collected revenues (and income earned thereon) the amount of withdrawn funds need not be replaced or returned to the capital improvement account. (Ord. No. 80-85-28, § 3, 11-11-85) Sec. 22-179. Certification of revenue generation system. The city shall submit to the Bureau of Wastewater Management, State of Florida, for each fiscal year, certification by a certified public accountant, that the sewage system capital improvement account is maintained in accordance with the requirements of the state. (Ord. No. 80-85-28, § 3, 11-11-85) Sec. 22-180. Annual deposit to sewage system capital improvement accounts. The city will deposit annually (or more often at the city's option) into a sewage system capital improvement account the amount of money required by the revenue generation system formula described above. It is the intent of the city to provide these funds from impact fees but should impact fees be insufficient the city shall have the option of increasing the impact fees or transferring money from the regular user charges provided herein. (Ord. No. 80-85-28, § 3, 11-11-85) Secs. 22-181-22-190. Reserved. Supp. No. 3 1298.2 ZONING AND SUBDIVISION REGULATIONS § 24-17 (4) A "building" or "structure" includes any part thereof. (5) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for". (6) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and", "or" or "either ... or," the conjunction shall be interpreted as follows: a. "And" indicates that all the connected items, conditions, provisions or events shall apply; b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination; c. "Either ... or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (7) The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (Ord. No. 90-82-74, § 2(II, A), 7-26-82) Sec. 24-17. Definitions. For purposes of this chapter, the following terms shall have the meanings set forth in this section: Abutting property shall mean any property that is immediately adjacent to or contiguous to property that may be subject to any hearing required to be held under this chapter, or that is located immediately across any road or public right-of-way from the property subject to any hearing under this chapter. Accessory buildings and uses shall mean a subordinate building or portion of a main building, the use of which is incidental to that of the dominant use of the main building or land, including accessory signs, bona fide servants' quarters and greenhouses operated on a nonprofit basis. An accessory use is one that is incidental to the main use of the premises. Such building, structure or use is substantially completed. Each structure shall not exceed six hundred (600) square feet in area. Alley shall mean a public or private way, which affords only a secondary means of access to property abutting thereof, which is not otherwise designated a thoroughfare or for general traffic, and which is not otherwise designated as a street. Alteration shall mean any change in the arrangement of a building; any work affecting the structural parts of a building; or any change in wiring, plumbing or heating and air conditioning systems. Animal hospital, See Veterinary clinic or hospital. Apartment house. See Dwelling, multifamily. Applicant shall mean the record owner, or his authorized representative, of a tract of land which is the subject of a request for a change in zoning classification, a conditional use, a variance or an appeal. Supp. No. 3 1405 § 24-17 ATLANTIC BEACH CODE Arterial street shall mean a street designed or utilized primarily for high speed vehicular movements and heavy volumes of traffic, collecting traffic from collector streets. Automobile service station. See Service station, automotive. Automotive repair shall mean the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinking of malt, vinous or other alcoholic beverages or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable within or thereon and where such beverages are consumed on the premises. Block shall mean all that property frontage along one highway, lying between the two (2) nearest intersecting of intercepting streets and railroad right-of-way or waterway, golf course, campus, park or similar open space. Boardinghouse, rooming house, lodging house or dormitory shall mean a building or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more unrelated persons where no cooking or dining facilities are provided in individual rooms. Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in any amount and form satisfactory to the city commission. All bonds shall be approved by the city commission wherever a bond is required by this chapter. (a) Maintenance bond: Upon issuance of the certificate of completion, or when required improvements are installed prior to recording the plat, surety must be posted in the amount of one hundred (100) percent of the original engineer's estimate of the cost of improvements. The condition of this obligation is such that the city will be protected against any defects resulting from faulty materials or workmanship of the aforesaid improvements for a period of one year. (b) Performance bond. When required improvements are installed after recording the plat, surety must be posted in the amount of one hundred twenty-five (125) percent of the engineer's estimate of costs, including landfill. Buffering. See Screening. Building shall mean any structure designed or built for support, enclosure, shelter or protection of persons, animals, chattels or property of any kind. Building shall include struc- ture. Any structure constructed or used for a residence, business, industry or other private or public purposes, including structures that are accessory to such uses, provided such structures are in compliance with the Standard Building Code. Building coverage. See Lot coverage. Building line shall mean an imaginary line across the property, defined in each district by the setback requirement on which the front wall of a building may be built. For the Supp. No. 3 1406 ZONING AND SUBDIVISION REGULATIONS § 24-17 Tourist home. See Boardinghouse, rooming house, lodginghouse or dormitory. Townhouse shall mean a group of two (2) or more single-family dwellings separated by a space of not more than one (1) inch. The walls or party wall separating the dwelling units of the townhouse shall extend to the roof line of the dwelling and shall have no openings therein. Each townhouse unit shall be constructed upon a separate lot and serviced with separate utilities and other facilities and shall otherwise be independent of one another. Townhouses are single-family dwelling units. Trailer (boa4 horse, utility) shall mean a conveyance drawn by other motive power and used for transporting a boat, animal or general goods. Trailer coach. See Recreation vehicle. Trailer, house. See Mobile home. Travel trailer. See Recreation vehicle. Travel trailer park or court shall mean a park or court, licensed and approved by the state board of health, and established to carry on the business of parking travel trailers. Use shall mean the purpose for which land or water or the structure thereon is designated to the extent covered by Article III, Zoning Regulations. Used, occupied, as applied to any land or building, shall include the words "intended," "arranged" or "designed to be used or occupied." Variance. Any modification of the zoning ordinance regulations must be authorized by the board of adjustment and must meet the criteria as stated in this chapter. A variance may be authorized only for height, area, size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by a variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or in adjoining district. Veterinary clinic or hospital shall mean any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but not the boarding of well animals. Wall. See Fences, hedges and walls. Yard shall mean an open space at grade between a main building and the adjoining lot lines. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. Yard, front shall mean a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the principal building or any projections thereof, other than the projections of uncovered steps, uncovered balconies or uncovered porches. Yard, side shall mean a yard between the main building and the side line of the lot, extending from the front yard to the rear yard and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof. Supp. No. 3 1419 § 24-17 ATLANTIC BEACH CODE Yard, rear shall mean a yard extending across the rear of a lot between the rear of the principal building or any projections thereof, other than the projections of uncovered steps, balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard. (Ord. No. 90-82-74, § 2(I1, B), 7-26-82; Ord. No. 90-82-72, § 1, 1-10-83; Ord. No. 96-82-76, § 1, 1-10-83; Ord. No. 90-83-80, § I, 6-27-83; Ord. No. 90-85-91, § 1, 7-8-85; Ord No. 90-85-95, § 1, 10-14-85) Secs. 24-18- 0. Reserved. ARTICLE III. ZONING REG TIONS DIVISION 1. GENE LY Sec. 1. Scope. The provisions of this chapter shall be administered in accordance with the rules set forth in this article and the detailed regulations governing each district. Administrative procedures and the responsibilities of the city commission, administrative official, planning agency, board of adjustment and code enforcement board are set forth. Procedures for filing applica- tions for changes and amendments to this chapter, appealing decisions on any matter covered in this chapter, notification of violations and penalties for violation have been included. (Ord. No. 90-82-74, § 2(1II, A), 7-26-82) Secs. 24-92-2445. Reserved. DIVISION 2. ADMINISTRATION* Sec. City commission. It shall be the responsibility of the city commission to perform the following duties and responsibilities in accordance with this chapter: (1) To adopt this chapter in accordance with, and consistent with, the adopted compre- hensive plan for the city; (2) To make amendments to this article and zoning map by a simple majority vote of the city commission after holding the required public hearing, and after reviewing a written recommendation from the planning agency; (3) To approve or disapprove subdivision plans and planned unit development (PUD) plans after holding any required public hearing and after reviewing a written rec- ommendation from the planning agency; (4) Establish a zoning fee to defray the administrative costs of carrying out the require- ments of this chapter; (5) Appoint an administrative official to administer the provisions of this chapter. (Ord. No. 90-82-74, § 2(111, B, 1), 7-26-82; Ord. No. 90-83-80, §§ II, III, 6-27-83) *Cross reference—Administration, Ch. 2. Supp. No. 3 1420 ZONING AND SUBDIVISION REGULATIONS § 24-62 d. A statement of the petitioner's interest in the property to be rezoned, including a copy of the last recorded warranty deed; and: 1. If joint and several ownership, a written consent, to the rezoning petition, by all owners of record; or 2. If a contract purchase, a copy of the purchase contract and written consent of the seller/owner; or 3. If an authorized agent, a copy of the agency agreement or written consent of the principal/owner; or 4. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that the person is, in fact, an officer of the corporation; or 5. If a group of contiguous property owners, the owners of at least fifty (50) percent of the property described in the petition must provide written consent. e. A complete list of all property owners, mailing addresses and legal descriptions for all property within three hundred (300) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse; f. A statement of special reasons for the rezoning as requested; g. Payment of the official filing fee as set by the city commission; h. The signature of each and every owner of the lands. (3) After the administrative official has received the request, the request will be placed on the agenda of the next meeting of the planning agency, provided that the request is received at least thirty (30) days prior to the meeting. The planning agency shall study each request for rezoning, conduct a public hearing after due public notice, and make a written recommendation to the city commission. The written report and recommendation shall: a. Show that the planning agency has studied and considered the need and justifi- cation for the change; b. Indicate the relationship of the proposed rezoning to the comprehensive plan for the city and whether the proposed change will further the purpose of the plan- ning program; and c. Be submitted to the city commission in not more than sixty (60) days from the date a completed application for the rezoning is filed. (4) The city commission shall review the recommendations made by the planning agency and hold a public hearing, with due notice, to consider the request. (5) It shall be the responsibility of the administrative official to give due public notice of both planning agency and city commission public hearings. (6) Following the public hearings, the city commission, by ordinance, may change the zoning classification of said petitioners, or it may deny the petition. In the case of denial, the city commission shall thereafter take no further action on another appli- Supp. No. 3 1425 § 24-62 ATLANTIC BEACH CODE cation for substantially the same proposal, on the same premises, until after twelve (12) months from the date of the last such disapproval. (Ord. No. 90-82-74, § 2(III, C, 2), 7-26-82; Ord. No. 90-83-80, § IV, 6-27-83) Sec. 24-63. Use by exception. The following steps are to be followed to request a use by exception: (1) All applications shall be filed with the administrative official on the proper form furnished by the administrative official, and said application shall only be accepted when filed by the owner of the property under consideration or his authorized agent or attorney. (2) The application submitted shall include the following information: a An adequate legal description of the premises as to which the use by exception is requested; b. The names and addresses of the owners or tenants in possession of the premises; c. A description of the use by exception desired, which shall specifically and partic- ularly describe the type, character and extent of the proposed use by exception; d. The reason for requesting the use by exception; e. The signature of the owner or the owner's authorized agent or attorney, includ- ing a copy of the agency agreement or written consent of the owner. f. Payment of the official filing fee as set by the city commission. (3) After the administrative official has received the request, the request will be placed on the agenda of the next meeting of the planning agency which will meet the time limit required by the planning agency. The planning agency shall study each request for use by exception and make a written recommendation to the city commission. The written report and recommendation shall state specific reasons and findings of fact, upon which its recommendation is based. (4) Any review of any application for a use by exception shall consider: a. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; b. Off-street parking and loading areas, where required, with particular attention to the items in a. above and the economic, noise, glare and odor effects of the special exception on adjoining properties and properties generally in the district; c. Refuse and service areas, with particular reference to the items in a. and b. above; d. Utilities, with reference to locations, availability and compatibility; e. Screening and buffering, with reference to type, dimensions and character; f. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district; Supp. No. 3 1426 ZONING AND SUBDIVISION REGULATIONS § 24-64 g. Required yards and other open space; h. General compatibility with adjacent properties and other property in the district. (5) The city commission shall conduct a public hearing after due public notice, following which they shall consider the application for use by exception permit and the plan- ning agency's report and recommendation thereon, as well as citizens attending such hearing and shall deny, approve, or approve with conditions, the petitions. (6) The city commission may, as a condition to the granting of any application for permit, impose such conditions, restrictions or limitations in the use of the premises, or upon the use thereof as requested in the application, as the city commission may deem appropriate and in the best interests of the city, taking into consideration matters of health, safety and welfare of the citizens, protection of property values and other considerations material to good zoning principles and concepts. (7) Any use by exception permit granted by the city commission shall permit only the specific use or uses described in the application as the same may be limited or restricted by the terms and provisions of the permit, and none other; any expansion or extension of the use of such premises, beyond the scope of the terms of the permit, shall be unlawful and in violation of this chapter and render the permit subject to suspension or revocation by the city commission. (8) The city commission may suspend or revoke a use by exception permit at any time the city commission determines that the use has become a public or private nuisance because of an improper, unauthorized or other unlawful use of the premises. (9) If a petition for a use by exception permit is denied by the city commission, thereafter the city commission shall take no further action on another petition for substantially the same use on the same premises until after twelve (12) months after the date of the last denial. (Ord. No. 90-82-74, § 2(III, C, 3), 7-26-82; Ord. No. 90-85-97, § 1, 1-13-86) Sec. 24-64. Variances. To request a variance from the regulations contained in this chapter, because there are practical difficulties or unnecessary hardships in carrying out the strict letter of this chapter, applications can be obtained from the administrative official under the following conditions: (1) If the applicant is other than all the owners of the particular property, written consent signed by all owners of the particular real property shall be attached. (2) An application for any variance shall be submitted, containing a complete legal description of the premises for which the variance is requested. The application shall be accompanied by payment of the official filing fee as set by the city commission and a survey or plot diagram indicating setbacks and proposed construction. (3) The administrative official shall refer the request to the board of adjustment. In considering all proposed variations of this chapter, the board of adjustment shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the districts shown on the zoning map and Supp. No. 3 1427 § 24-64 ATLANTIC BEACH CODE will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals and general welfare. (4) The board of adjustment will fix a reasonable time for the hearing of appeals or other matters referred to it and shall hold a public hearing on each such appeal or matter referred to it with due public notice. (5) At the hearing, any party may appear in person or be represented by an agent or attorney. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, appeals to the board may be taken by any person aggrieved or by any department of the city affected by any decision of the administrative, official. (6) If an application is disapproved by the board of adjustment, thereafter the board shall take no further action on another application for substantially the same proposal on the same premises until after twelve (12) months from the date of such last disapproval. (Ord. No. 90-28-74, § 2(III, C, 3), 7-26-82; Ord. No. 90-85-97, § 2, 1-13-86) Sec. 24-65. Building permits. (a) No building permit shall be issued for any structure or use on a lot, plot, tract, parcel or subdivision which: (1) Does not abut on a public street or easement, dedicated and accepted by the city commission; (2) Does not have electrical service, approved sanitary sewer and potable water systems installed; and (3) Does not have streets constructed to grade height. (b) Building permits may be issued for a structure or use on a lot, plot, tract, parcel or subdivision: (1) Which abuts on a private street within a planned unit development (PUD), provided that the private street meets all the requirements and specifications for paved public streets and has been inspected by the city and approved by the city commission; (2) Has electrical service, approved sanitary sewer and potable water systems installed; and (3) Has streets constructed to grade height. (c) No building or structure shall be constructed, altered, repaired, enlarged or moved until a building, plumbing, electrical and/or a heating, air conditioning, ventilation (H.A.C.V.) permit shall have been obtained from the city and the appropriate fee paid. Supp. No. 3 1428 ZONING AND SUBDIVISION REGULATIONS § 24-65 (d) Prior to the issuance of a building permit, the city shall ensure that such construction shall comply with this article, or any other applicable law, and shall require a certified survey of the property. (e) The acceptance of a building, plumbing or electrical or heating, air conditioning, ventilation permit by any person shall be deemed consent to the inspection of the property by any agent of the city at any time in order to ascertain compliance with this chapter. (0 Each application for a building permit shall be accompanied by a plot plan in dupli- cate, drawn to scale, showing the actual dimensions of the lot to be built upon; the size, shape Supp. No. 3 1428.1 ZONING AND SUBDIVISION REGULATIONS § 24-232 the records and data as prescribed in this article. If the administrative official shall find that the completion of all required improvements complies with this section, the final plat shall be approved. (2) Cash deposit. The developer shall deposit with the city or place in an account subject to the control of the city, cash in the full amount of the total sum of engineering and construction costs for the installation and completion of the required improvements. The developer shall be entitled to secure draws from such deposits or account as installation progresses at stages of construction established by the administrative official but not more frequently than monthly. A draw from the cash deposit or account shall be made only within thirty (30) days after the developer's engineer has certified to the city that the cost of improvements installed equals or exceeds the amount of the draw requested plus any previous draws made and the administrative official has inspected the improvements and authorized the draw. The administrative official shall have the right to reduce the amount of any requested draw to an amount he feels is justified based upon his inspection of the improvements and shall also have the right to refuse to approve any requested draw so long as the developer fails to be in compliance with any of the terms and conditions of the plat or plans and specifica- tions for the improvements. The developer shall be entitled to receive any interest earned on the deposit or account. The city, after sixty (60) days' written notice to the developer, shall have the right to use the cash deposit or account for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required by the ordinance approving the final plat after any extensions granted by the administrative official. (3) Personal bond with letter of credit. The developer shall furnish to the city his personal bond secured by an unconditional and irrevocable letter of credit in an amount equal to the total of engineering and construction costs for the installation and completion of the required improvements, which letter of credit shall be issued by a state or United States banking institution to the city. The letter of credit shall be in the form approved by the city attorney. During the process of construction, the administrative official may reduce the dollar amount of the personal bond and letter of credit on the basis of work completed. The city, after sixty (60) days' written notice to the develop- er, shall have the right to use any funds resulting from drafts on the letter of credit for the completion of the improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by the ordinance approving the final plat or any extensions granted by the administra- tive official. (4) Surety bond. The developer shall furnish to the city a surety bond in the form and by a surety approved by the city attorney guaranteeing that within the time required by the ordinance approving the final plat all work required will be completed in full accordance with the final plat and all conditions attached thereto, copies of which shall be attached to and constitute a part of the bond agreement. The bond shall be in an amount equal to one hundred (100) percent of the sum of engineering and con- struction costs. During the process of construction, the administrative official may Supp. No. 3 1475 § 24-232 ATLANTIC BEACH CODE reduce the dollar amount of the bond on the basis of work completed. The city, after sixty (60) days' written notice to the developer, shall have the right to bring action or suit on the surety bond for the completion of the improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by the ordinance approving the final plat or any extensions by the administrative official. (b) A developer may extend, renew or substitute collateral described in paragraphs (2), (3), or (4) above one (1) or more times; provided, that no extension or renewal thereof, or substitute therefor shall have a maturity or expiration date later than the time for completion of improvements. The time for completion of improvements shall be a time specified in the ordinance approving the plat, or such later time as may be approved by the administrative official; provided, that if the collateral securing the completion of improvements has a matu- rity or expiration date shorter than the time for completion, the time for completion shall be deemed to expire upon failure of the developer to extend, renew or provide substitute collat- eral for such collateral at least ten (10) days before the maturity or expiration date, unless a later time is approved by the administrative official. (Ord. No. 90-82-74, § 2(IV, D, 2), 7-26-82) Sec. 24-233. Maintenance security. Where the city is requested to accept maintenance of public improvements in the subdivi- sion, a maintenance bond in the amount of one hundred (100) percent of the construction cost of the improvements shall be filed with the city. This bond shall provide that the city shall be indemnified if the applicant does not replace or repair any public improvements which are defective in materials or workmanship or which were not constructed in compliance with the approved plans and specifications. The terms of the maintenance bond shall expire one year after acceptance for maintenance by the city unless the city serves written notice to the applicant that the improvements are defective in material or workmanship or were not constructed in compliance with the approved plans and specifications within the one year. (Ord. No. 90-82-74, § 2(IV, D, 3), 7-26-82; Ord. No. 90-85-95, § 2, 10-14-85) Sec. 24-234. Inspections. (a) As the improvements are being constructed within the subdivision, the administra- tive official and/or authorized staff or consulting engineer shall have the right and privilege to inspect the improvements. The administrative official or his authorized representative shall be specifically notified of the commencement and completion of: (1) Clearing and grubbing; (2) All utilities prior to backfilling; (3) All concrete structures when steel is in place prior to pouring; (4) Stabilized subgrade; (5) Curb and concrete work; (6) Roadway base; (7) Wearing surface during application. Supp. No. 3 1476 CODE COMPARATIVE TABLE Ordinance Number Date Section Section this Code 95-85-26 2-25-85 2-141, 2-142, 2-146, 2-149, 2-151 75-85-4 3-11-85 1 21-24(a) 80-85-25 3-11-85 1 22-22 80-85-27 4- 8-85 1 22-28(2) 90-85-91 7- 8-85 1 24-17 90-85-92 7- 8-85 1 24-161(eX1) 58-85-5 7-22-85 1 2-290 10-85-16 9-23-85 1 Rpld 3-10 Rnbd 3-11, 3-12 as 3-10 3-11 90-85-95 10-14-85 1 24-17 2 24-233 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 96-85-27 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) Supp. No. 3 1993 [The neat ;+ - e is 2043] CODE INDEX A ABANDONMENT Section Nuisances enumerated Abandoned wells, basements, refrigerators, etc 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES Open storage of abandoned motor vehicles, refrigerators, etc. 12-1(bX7) Parking of abandoned vehicles 21-24 et seq. See: TRAFFIC ACCESS Subdivisions Design and construction standards Access to public streets 24-252(c) Lots, street access 24-255(d) Zoning regulations 24-135(e) et seq. See: ZONING ADVERTISING Confiscated or lost property, disposition of Advertising sales of 15-18 Fair housing provisions Prohibited conduct, provisions re advertisement 9-17 Noise provisions Loudspeakers for advertising purposes 11-8 Regulations for signs and advertising structures 17-1 et seq. See: SIGNS AND ADVERTISING STRUCTURES AIR RIFLES, AIR PISTOLS, ETC. Discharging prohibited 13-3 ALCOHOLIC BEVERAGES Conditions of existing establishments 3-8 Consumption on vendor's premises 3-10 Consumption, possession of open containers upon public property 3-11 Definitions 3-1 Distances, measurement of 3-7 Existing establishments, conditions of 3-8 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. 3 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 Appointment 4::-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 48 Dogs and cats Damaging property 4-26 Definitions 4-21 DiT • oL. 1. l LLl Ling ate petite 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(bXl) Hogs, keeping 4-7 Supp. No. 3 2104 CODE INDEX FALLOUT SHELTERS Zoning regulations Accessory uses and structures . 24-151(bX1) FENCES, WALLS, HEDGES AND ENCLOSURES Animal shelter Breaking open fences, gates or enclosures of animal shelter 4-3 Nuisances enumerated Structurally unsound fences 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES Signs and advertising structures Signs, posters, etc., prohibited on gates, fences, walls, etc17-8 Swimming pools Enclosure to comply with building code and zoning regulations 6-92 Zoning regulations 24-135(b) et seq. See: ZONING FIDUCIARIES Definition of "person" to include fiduciaries 1-2 FILLING STATIONS Removal of spent oils or greases accumulated at 16-9 Zoning regulations Supplementary regulations for service stations 24-165 FILTH Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES FINANCES Allotments constitute basis of expenditures and are subject to revision 2-312 Appropriations Allotments constitute basis of expenditures and subject to revision 2-312 Certain ordinances saved from repeal 1-5 Lapse of appropriations 2-315 Transfer of appropriations 2-313 When contracts and expenditures prohibited 2-314 Certain ordinances saved from repeal 1-5 Contracts. See also that subject When contracts and expenditures prohibited .... 2-314 Department of finance Created 2-72 Director of finance Appointment 2-71 Assisting in preparation of budget; accepting other respon- sibilities 2-76 Duties generally 2-74 Financial information 2-75 Investment of funds 2-73 Duties 2-78 Functions 2-77 Section Supp. No. 3 2119 ATLANTIC BEACH CODE FINANCES—Cont'd. Director of finance. See herein: Department of Finance Dishonored checks Fees paid to city government Fiscal year Lapse of appropriations Purchasing See: PURCHASES, PURCHASING Service and user charges Authorization Fees and charges Taxation See: TAXATION Transfers of appropriations Uniform travel policy and procedure See: TRAVEL User charges. See herein: Service and User Charges FINANCING OF HOUSING Discrimination in See :also: FAIR HOUSING FINES, FORFEITURES AND PENALTIES. See also specific subjects General penalty; continuing violations Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code Section 2-317 2-316 2-311 2-315 2-331 et seq. 2-367 2-368 20-16 et seq. 2-313 2-356 et seq. 9-22 FINGERPRINTING Solicitors 18-17 FIRE DEPARTMENT Chief of fire department Appointment Compensation Duties and authority Fire prevention code Appeals from actions trf chief Enforcement of code by chief Modifications of code by chief Director of public safety Supervision of fire department 2-41 Fire chief. See herein: Chief of Fire Department Life guard division 2-63 FIRE ESCAPES Signs obstructing 17-6 FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within fifteen feet of hydrant Stopping, standing or parking vehicle within fifteen feet of hydrant 21-17(4) 2-61 2-61 2-62 7-19 7-17 7-18 21-25(aX1) Supp. No. 3 2120 CODE INDEX FIRE HYDRANTS—Cont'd. Water shortages Permitting water to be used from fire hydrants Supp. No. 3 2120.1 Section 22-39(eX4) CODE INDEX MECHANICAL CODE Section Adoption 6-76 Inspection fee 6-77 MERCHANDISE Zoning regulations Display of used merchandise outside of business 24-154 METERS Water meters 22-21 et seq. See: WATERWORKS SYSTEM MILITARY City employees retirement system Military service credit 2-275 MINIWAREHOUSES Zoning regulations 24-160 MINORS Child care centers Zoning regulations 24-152 Children playhouses Zoning regulations Accessory uses by zoning district 24-151(bX1) Definition of "person" to include children. 1-2 Nuisances Abandoned refrigerators, vehicles, etc., proving hazards for inquisitive minors 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES MISDEMEANORS State misdemeanors .................................... . 13-1 MOBILE HOMES AND RECREATIONAL VEHICLES (Mobile homes, campers, travel trailers, boats, etc.) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Definitions 10-1 Minimum requirements for parks 10-2 Stopping, standing or parking of recreational vehicles 21-22(b) Zoning regulations 24-151(bX1), 24-163 Water shortages Washing of trailers, boats, etc 22-39(e) Zoning regulations Accessory uses by zoning district Parking of recreational vehicles 24-151(bX1) Storage and parking of vehicles and equipment in residen- tial districts 24-163 Temporary construction offices 24-168 Temporary residence, campers and trailers 24-82(h) MONTH Defined 1-2 Supp. No. 3 2129 ATLANTIC BEACH CODE MONUMENTS Section Subdivisions Design and construction standards Required improvements, monuments 24-256 MOSQUITOES Nuisances enumerated Preventing propagation of mosquitoes 12-1(bX4) Abatement of nuisances, etc. See: NUISANCES MOTOR VEHICLES AND OTHER VEHICLES Beaches Barricades preventing entry of vehicles and other traffic 5-18 Operation of motorized apparatus within 200 feet of beach 5-7 Safety zones, use of vehicles prohibited 5-17 Impounding vehicles for animals Breaking ope;i gate, etc:., of vehicle 4-3 Noise. See also that subject Blowing horns; taxicab drivers soliciting passengers; etc11-2 Use of sirens, whistles, etc., on vehicles 11-4 Nuisances enumerated 12-1(bX6), (7) Abatement of nuisances, etc. See: NUISANCES Obstruction of passage of vehicle 13-2 Recreational vehicles 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHICLES Traffic regulations 21-1 et seq. See: TRAFFIC Water shortages Washing of vehicles 22-39(e) Zoning regulations 24-163 et seq. See: ZONING MOTORIZED APPARATUS Beaches Operation of motorized apparatus within 200 feet of beach 5-7 MUFFLERS Noise provisions Muffling of blowers, power fans and engines 11-7 MULES Maintaining stable 4-7 MUSIC Noise provisions 11-2 et seq. See: NOISE MUZZLES Dogs 4-25, 4-28 N NATIONAL ORIGIN Discrimination because of, fair housing 9-16 et seq. See: FAIR HOUSING Supp. No. 3 2130 CODE INDEX NESTS OF BIRDS OR WILD FOWL Section Molesting, etc. 4-4 NIGHTTIME Mobile home parks and recreational vehicle parks Park or camp areas to be illuminated properly all night 10-2(2) Noise provisions Building operations at night 11-6 NOISE Animal or bird noises 11-9 Animals or fowl persistently making noise, etc 4-6 Dogs and cats disturbing the peace 4-27 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(bX5) Building operations at night 11-6 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD General prohibitions 11-1 Loudspeakers Hours of use; permit requirements 11-8 Loudspeakers, alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 Muffling of blowers, power fans and engines 11-7 Musical instruments Noise in public places generally 11-2 Playing of instruments generally 11-5 Use of instruments outdoors on own premises 11-3 Noise -producing equipment Use of instruments outdoors on own premises 11-3 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(bX5) Public places, noise in generally 11-2 Schools, courts, churches Interfering with 11-10 Sirens, whistles, gongs, etc. Use of on vehicles prohibited 11-4 Zoning regulations Planned unit development (PUD) Privacy, reduction of noise 24-135(0 NONCONFORMING STRUCTURES Signs and advertising structures 17-17 NONCONFORMING USES OR BUILDINGS Zoning regulations 24-85 NUISANCES Abandoned, wrecked, junked, etc., vehicles Declared nuisance 21-24(b) Abatement of conditions 12-2 Supp. No. 3 2131 ATLANTIC BEACH CODE NUISANCES—Cont'd. Section Animals and fowl, nuisance provisions 4-4 et seq. See: ANIMALS AND FOWL Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Enumerated 12-1 Notices, hearings, abatement of conditions 12-2 Public sewers, use of Prohibited discharges creating public nuisance 22-129(2) Signs not kept in good condition, state of repair, etc., consti- tutes public nuisance 17-7 Violations, penalty 12-3 Zoning regulations Establishments offering dancing or live entertainment, cre- ation of nuisance 24-155 NUMBER Defined 1-2 NUMBERING OF BUILDINGS Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS Subdivisions Design and construction standards Street names and house numbers 24-252(j) NUMBERING OF MOBILE HOME SPACES, ETC. Requirements for mobile home parks and recreational vehicle parks 10-2(7) 0 (lATT-T Code enforcement board's power to take testimony under oath . 2-148 Defined 1-2 OBSTRUCTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite obstructions, cre- ating obstructions, etc. 21-25 Lifeguard activities at beaches Parking of sailboats not to obstruct 5-6 Obstructing access to public buildings, etc 13-2 Supp. No. 3 2132 CODE INDEX WASTEWATER SYSTEM—Cont'd. Section Extensions Sewer system extensions. See herein that subject Fees Sewer user classification rates and charges. See herein that subject Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Inspectors, powers and authority of Easements 22-154 Information concerning industrial processes 22-152 Observing safety rules; indemnification and liability 22-153 Rights of entry of authorized employees 22-151 Maliciously damaging, etc., facilities 22-57 Private wastewater disposal Compliance regarding type, capacities, location and layout 22-89 Connection to public sewers; cleaning and filling 22-90 Construction of division 22-86 Maintenance 22-91 Permits 22-88 Where required 22-87 Public sewers Depositing, discharging, etc., garbage into public sewers 22-71 Rates Sewer user classification rates and charges. See herein that subject Sewer system extensions Construction of extension projects 22-192 Construction standards 22-195 Design standards 22-194 Purpose 22-191 Sewer service without water service 22-193 Sewer use user rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Establishment of a quarterly base charge 22-166 Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Payment of connection fees and impact fees 22-171 Revenue generation system Capital improvement account Accrued funds, use of 22-178 Annual deposit 22-180 Disposition of revenues for 22-177 Certification 22-179 Established 22-176 Supp. No. 3 2159 ATLANTIC BEACH CODE WASTEWATER SYSTEM—Cont'd. Section Review and changes of rates 11-168 Schedule of wastewater volume charges 22-167 Sewer charges applicable if sewer available 22-175 Subdivisions Design and construction standards Required improvements, sewer and water 24-258 Use of public sewers generally Construction of provisions 22-126 Discharging storm water, etc., into storm sewers or natural outlets 22-128 Discharging unpolluted waters into sanitary sewer; exception 22-127 Grease, oil and sand interceptors 22-132 Information for determination of compliance 22-135 Limitations on discharge concentrations or quantities 22-130 Options of city manager regarding wastes 22-131 Measurements, tests and analyses determinations 22-136 Observation, sampling and measurement Structures for 22-134 Pretreatment or flow -equalizing facilities 22-133 Prohibited discharges 22-129 Use. of public sewers required Constructing privies, septic tanks, cesspools 22-73 Depositing human or animal excrement 22-71 Discharging untreated wastewater or polluted waters into natural outlets, etc. 22-72 Installation of toilet facilities required; connection of facili- ties to public sewer 22-74 Utility provisions generally. See: UTILITIES WATERCOURSES, WATERWAYS (Canals, lskoq, Ptd_) Definition of "public place" to include any lake or stream 1-2 Discharging untreated wastewater or polluted waters into natu- ral outlets 22-72 Garden trash deposited in canals, waterways, lakes, etc 16-5 Public sewers, use of Discharging storm water, etc., into natural outlets 22-128 Subdivisions Design and construction standards Easements; drainage, watercourses 24-253 WATER -SOURCE HEAT PUMPS Discharging water from, nuisance provisions 12-1(b) Abatement of nuisances, etc. See: NUISANCES WATERWORKS SYSTEM Access to consumer's premises Right of access by city employees 22-21 Application for water service 22-16 New subdivisions 22-37 Approval of plumbing prior to connection with water system 22-35 Bills. See herein: Charges, Fees, Bills Supp. No. 3 2160 CODE INDEX WATERWORKS SYSTEM—Cont'd. Section Charges, fees, bills Basis for billing if meter fails to register 22-25 Billing date 22-29 Charges for water service 22-28 Connection charges; initial payment of minimum water rental 22-18 Cost of pipes, etc., in subdivisions to be paid by developer 22-37 Delinquent fee 22-22 Deposits Temporary service 22-19 Failure to pay bill Disconnection of service for 22-29 Failure to receive bill 22-29 Fire protection service charge 22-30 Leaks on consumer's side of meter Allowance or adjustment for 22-31 Liability of consumer for charges 22-24 Property owner responsible to city for water charges 22-27 Reestablishing service after cutoff, fee 22-22 Service to more than one property through same meter 22-34 Testing of meters Liability for cost of testing, adjustment of bills 22-23 Vacant houses No allowance to be made for unless water shut off 22-24 When bills become delinquent 22-29 Connections Approval of plumbing prior to connection with water system . 22-35 Connection charges; initial payment of minimum water rental . 22-18 Connection of private water systems to city systems prohibited . 22-32 Prohibited acts 22-33 Tapping of mains, etc., restricted to employees 22-17 Conservation of water during water shortages 22-39 Cutoff of service because of failure to pay bill, etc. . ....... . . . 22-29 Deposits Temporary service 22-19 Determination of type of service for each consumer 22-26 Easements Granting necessary easements by consumer 22-20 Extensions of water mains 22-38 Fire protection Private fire protection charge 22-30 Irrigation of lawns, flowers, etc. Water shortages 22-39 Interruptions in service Liability of city 22-36 Lawn watering, etc. Water shortages 22-39 Meters Access for purpose of reading meters 22-21 Basis for billing if meter fails to register 22-25 Leaks on consumer's side of meter 22-31 Supp. No. 3 2161 ATLANTIC BEACH CODE WATERWORKS SYSTEM—Cont'd. Section Service to more than one property through same meter 22-34 Testing of meter; liability for cost of testing 22-23 Adjustment of bills 22-23 Mobile home parks and recreational vehicle parks Requirements for city water 10-2(6) Private water systems Connection of to city system prohibited 22-32 Prohibited acts 22-33 Restricting use of water Right of city 22-36 Subdivisions Application for water service and new subdivisions 22-37 Cost of pipes, etc., in subdivisions 22-37 Design and construction standards Required improvements, sewer and water 24-258 Tapping Prohibited acts 22-33 Tapping of mains, etc., restricted to city employees 21-17 Temporary service ' 22-19 Utility provisions generally. See: UTILITIES Water shortages 22-39 Wells Bacteriological tests for potable water 22-41 Permit required 22-40 WEEDS AND BRUSH Accumulation of weeds Action upon noncompliance 23-38 Height of growth 23-36 Notice to cut. destrnv etc oa a� Payment of charges, special assessment liens 23-40 Removal by city 23-39 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Nuisances enumerated. See also: NUISANCES Allowing weeds to grow, etc 12-1(bX3) WEIGHT LIMITS Recreational vehicles, campers, travel trailers Stopping, standing or parking; weight limits 21-22(b) WELLS Abandoned wells, nuisance provisions 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES Waterworks system Interfering with or molesting wells, etc 22-33 WHISTLES Noise. See also that subject Noise in public places generally 11-2 Use of whistles on vehicles 11-4 Supp. No. 3 2162 CODE INDEX WILD FOWL Section Hunting, shooting, etc 4-4 WINDOWS. See: DOORS AND WINDOWS WITNESSES Code enforcement board's power to subpoena witnesses 2-148 WRITING Defined 1-2 Y YARDS AND OPEN SPACES Definition of "public place" to include school yards or open spaces 1-2 Zoning regulations 24-82(e) et seq. See: ZONING Supp. No. 3 2162.1