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.
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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
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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
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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
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Checklist of Up -to -Date Pages
(This checklist will be updated with the
printing of each Supplement.)
From our experience in publishing Looseleaf Supplements on a page -for -
page substitution basis, it has become evident that through usage and sup-
plementation many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to
determine whether the Code volume properly reflects the latest printing of
each page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume. The letters "OC" indicate the pages have not been re-
printed in the Supplement 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
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3, .4 OC 178.1 3
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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
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[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