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AB Code Supplement 2SUPPLEMENT NO. 2 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. 58-85-5, enacted July 22, 1985. See Code Comparative Table, page 1993. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages 185, 186 185, 186, 186.1 1159 through 1170 1159 through 1174 1223, 1224 1223, 1224 1279, 1280 1279, 1280 1413, 1414 1413, 1414 1419, 1420 1419, 1420 1457 through 1460 1457 through 1460 1991, 1992 1991, 1992, 1993 2055 2055 Index pages 2155, 2156 Index pages 2155, 2156 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida August, 1985 Note—An updated checklist of pages in Code is included, following Table of Contents. 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 1 173, 174 OC xi, xii OC 175, 176 OC 1, 2 OC 177, 178 OC 3, 4 OC 179, 180 OC 5, 6 OC 181, 182 OC 7, 8 OC 183, 184 OC 9, 10 OC 185, 186 2 11, 12 OC 186.1 2 13, 14 OC 187, 188 OC 15, 16 OC 189, 190 OC 17, 18 OC 191, 192 OC 19, 20 OC 193, 194 OC 21, 22 OC 195 OC 23, 24 OC 245, 246 OC 25, 26 OC 247, 248 OC 27, 28 OC 299, 300 OC 79 OC 301, 302 OC 91 OC 303 OC 103, 104 OC 353, 354 OC 105, 106 OC 355 00 107, 108 OC 405, 406 OC 159, 160 OC 407, 408 OC 161, 162 OC 409, 410 OC 163, 164 OC 411, 412 OC 165, 166 OC 413, 414 00 Supp. No. 2 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 415, 416 OC 1291, 1292 OC 417, 418 OC 1293, 1294 OC 469, 470 OC 1295, 1296 OC 521, 522 OC 1297, 1298 OC 523, 524 OC 1299, 1300 OC 525, 526 OC 1301 OC 577, 578 OC 1351, 1352 OC 579, 580 OC 1353 OC 581 OC 1403, 1404 OC 631, 632 OC 1405, 1406 OC 683, 684 OC 1407, 1408 OC 685 OC 1409, 1410 OC 735, 736 OC 1411, 1412 OC 737 OC 1413, 1414 2 787, 788 OC 1415, 1416 OC 839, 840 OC 1417, 1418 OC 841 OC 1419, 1420 2 891, 892 OC 1421, 1422 OC 943, 944 OC 1423, 1424 OC 945, 946 OC 1425, 1426 OC 947 OC 1427, 1428 OC 997, 998 OC 1429, 1430 OC 999, 1000 OC 1431, 1432 OC 1001, 1002 OC 1433, 1434 OC 1003, 1004 OC 1435, 1436 OC 1005 OC 1437, 1438 OC 1055, 1056 OC 1439, 1440 OC 1057 OC 1441, 1442 OC 11(17 OC 1443, 14Axxt ll 1157, 1158 OC 1445, 1446 OC 1159, 1160 2 1447, 1448 OC 1161, 1162 2 1449, 1450 OC 1163, 1164 2 1451, 1452 OC 1165, 1166 2 1453, 1454 OC 1167, 1168 2 1455, 1456 OC 1169, 1170 2 1457, 1458 2 1171, 1172 2 1459, 1460 2 1173, 1174 2 1461, 1462 OC 1221, 1222 OC 1463, 1464 OC 1223, 1224 2 1465, 1466 OC 1225, 1226 OC 1467, 1468 OC 1227 OC 1469, 1470 OC 1277, 1278 OC 1471, 1472 OC 1279, 1280 2 1473, 1474 OC 1281, 1282 00 1475, 1476 OC 1283, 1284 OC 1477, 1478 OC 1285, 1286 OC 1479, 1480 OC 1287, 1288 OC 1481, 1482 OC 1289, 1290 OC 1483 00 Supp. No. 2 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1983, 1984 OC 2122.1 1 1985 OC 2123, 2124 OC 1987, 1988 OC 2125, 2126 OC 1989, 1990 OC 2127, 2128 OC 1991, 1992 2 2129, 2130 1 1993 2 2131, 2132 1 2043 OC 2132.1 1 2053, 2054 OC 2133, 2134 OC 2055 2 2135, 2136 00 2081, 2082 OC 2137, 2138 1 2083, 2084 OC 2138.1 1 2085, 2086 OC 2139, 2140 OC 2087, 2088 OC 2141, 2142 OC 2089, 2090 OC 2143, 2144 1 2091, 2092 OC 2144.1 1 2093, 2094 OC 2145, 2146 00 2095, 2096 OC 2147, 2148 1 2097, 2098 OC 2149, 2150 OC 2099, 2100 OC 2151, 2152 1 2101 OC 2152.1 1 2103, 2104 1 2153, 2154 OC 2105, 2106 OC 2155, 2156 2 2107, 2108 1 2157, 2158 1 2108.1 1 2158.1 1 2109, 2110 OC 2159, 2160 OC 2111, 2112 OC 2161, 2162 1 2113, 2114 OC 2163, 2164 1 2115, 2116 OC 2165, 2166 OC 2117, 2118 1 2167, 2168 00 2119, 2120 1 2169, 2170 OC 2121, 2122 1 2171, 2172 OC Supp. No. 2 [3] ADMINISTRATION § 2-290 contributions and pensions, and all other monies received by the retirement system the disposition of which is not specifically provided. There shall be transferred from the reserve for undistributed investment income all amounts required to credit regular interest to the reserve for employer contributions, and the reserve for retired benefit payments. Whenever the board of trustees determines the balance in the reserve for undistributed investment income is more than sufficient to cover current charges to the account, the excess or any part thereof may be used to provide contingency reserves, or to meet special requirements of the other reserve accounts of the retirement system. Whenever the balance in the reserve for undistributed investment income is insufficient to meet the current charges to the account, the amount of the insufficiency shall be transferred from the reserve for employer contributions. (Ord. No. 58-75-4, § 29, 12-22-75) Sec. 2-290. Investment of retirement system assets. The board of trustees shall be the trustee of the monies and assets of the retirement system. The board shall have full power and authority to invest and reinvest such monies and assets subject to all terms, conditions, limitations and restrictions imposed by the state on the investments of public employee retirement systems. The board shalli employ an outside investment adviser to advise the board in the making and disposition of investments. All monies and assets of the retirement system shall be held for the sole purposes off meeting, disbursements authorized in accordance with the provisions of this division, and shall be used for no other purposes. The board of trustees may invest and reinvest the assets of the retirement trust fund in: (a) Time or savings accounts of a national bank, a state bank insured by the Federal Deposit Insurance Corporation, or a savings and loan association insured by the Federal Savings and Loan Insurance Corporation. (b) Obligations of the United States or in obligations guaranteed as to principal and interest by the United States. (c) Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corpora- tion organized under the laws of the United States, any state, or organized territory of the United States, or the District of Columbia, provided: (1) The corporation is listed on any one or more of the recognized national stock ex- changes that holds a rating in one of the three (3) highest classifications by a major rating service. (2) The board of trustees shall not invest more than five (5) percent of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five (5) percent of the outstanding capital stock of the company; nor shall the aggregate of its investments under this paragraph at cost exceed thirty (30) percent of the fund's assets. Investments shall not be made in any stocks, bonds, or other securities owned or con- trolled by a government other than that of the United States or of the several states. The Supp. No. 2 185 § 2-290 ATLANTIC BEACH CODE board of trustees by ordinance approved by a two-thirds vote of the city commission may provide for investments of greater than thirty (30) percent in equity stocks. (Ord. No. 58-75-4, § 30, 12-22-75; Ord. No. 58-85-5, § 1, 7-22-85) Sec. 2-291. Divisions. The retirement system shall consist of three (3) divisions, one (1) for members who are police officers, or one (1) for members who are firefighters, and one (1) for all other members. Separate accounting of the transactions of the retirement system shall be maintained for each division and shall clearly indicate the equity of each division in the assets of the retirement system. The account separation shall be effective as of June 1, 1976. Each division shall be regarded as a separate trust fund. The provisions of this section refer only to the accounting records of the retirement system and shall not be construed as requiring a physical segrega- tion of the assets of the retirement system between the divisions. (Ord. No. 58-75-4, § 31, 12-22-75) Sec. 2-292. Expenses. The expenses of administering the retirement system shall be paid by the city. (Ord. No. 58-75-4, § 32, 12-22-75) Sec. 2-293. Insurance coverage for retirants and beneficiaries. The board of trustees shall pay the premiums applicable to insurance coverage, provided retirants and beneficiaries to the extent not paid by deductions from the pensions of retirants and beneficiaries. Such payment shall be made only in those fiscal years authorized by specific resolution of the city commission. Payments shall be charged to the unencumbered hs_a_n'a th reaer'e fcr .rranct.abAtcd invcztluznt, xrxvirare. If1,16 tcy. xx:uliaYCii balance be insufficient, the deficiency shall be charged to the reserve for employer contributions. (Ord. No. 58-75-4, § 33, 12-22-75) Sec. 2-294. Method of making payments. All payments under this division shall be made according to the provisions of the City Charter and city ordinances governing the disbursement of city monies. No payment shall be made that has not been authorized by a specific or continuing resolution of the board of trustees. (Ord. No. 58-75-4, § 34, 12-22-75) Sec. 2-295. Assignments prohibited. The right of a person to a pension, any optional benefit, and any other right accrued or accruing to any person under the provisions of this division, and any monies and assets belonging to the retirement system, shall not be subject to execution, garnishment, attach- ment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever, Supp. No. 2 186 ADMINISTRATION § 2-310 and shall be unassignable except as is specifically provided in this division. If a member is covered under a group insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of trustees to deduct required payments to continue coverage under the group insurance or prepayment plan. The city shall have the right of setoff for any claim arising from embezzlement by or fraud of a member, retirant or beneficiary. (Ord. No. 58-75-4, § 35, 12-22-75) Sec. 2-296. Errors. Should any change in the records result in any member, retirant or beneficiary being paid from the retirement system more or less than would have been paid had the records been correct, the board of trustees shall correct the error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid. (Ord. No. 58-75-4, § 36, 12-22-75) Sec. 2-297. Protection against fraud. Whoever with intent to deceive shall make any statements and/or reports required under this division which are untrue, or shall falsify or permit to be falsified any record or records of the retirement system, or who shall otherwise violate, with intent to deceive, any of the terms or provisions of this division, shall be guilty of a city offense. (Ord. No. 58-75-4, § 37, 12-22-75) Secs. 2-298-2-310. Reserved. Supp. No. 2 186.1 TAXATION § 20-33 the payment of the charges therefor or the use of lines, poles, wires or the streets for the transmission or delivery of the utility service. (Code 1970, § 8-18) Secs. 20-21-20-30. Reserved. DIVISION 2. TELEPHONE SERVICE* Sec. 20-31. Levy; when payable. There is hereby levied by the city, on each and every purchase of telephone service within the corporate limits of the city, a tax in the amount of ten (10) percent of the payments received by the seller of the utilities, services or commodities from the purchaser thereof, for the purchase of the utilities or commodities. Subject to the provisions of section 20-36, the tax shall in every case be paid by the purchaser for the use of the city to the seller of the local telephone service at the time of paying the charge thereof. (Ord. No. 70-82-10, § 1, 9-13-82) Sec. 20-32. Exemptions. The United States of America, this state and the political subdivisions, agencies, boards, commissions and authorities thereof, other persons exempted under state law, and any recog- nized church for use exclusively for church purposes, are exempted from the payment but not from the collection, of the tax levied by this division. (Ord. No. 70-82-10, § 2, 9-13-82) Sec. 20-33. Duty of seller to collect. It shall be the duty of every seller of local telephone service to collect from the purchaser for the use of the city the tax hereby levied at the time of collecting and selling price charged for each transaction and to report and pay over on or before the twentieth day of each calendar month to the city, all the taxes levied and collected during the preceding calendar month. It shall be unlawful for any seller to collect the price of any sale of local telephone service without, at the same time, collecting the tax levied by this division in respect to the sale unless the seller shall elect to assume and pay the tax without collecting same from the purchaser. Any seller failing to collect the tax at the time of collecting the price of any sale where the seller has not elected to assume and pay the tax shall be liable to the city for the amount of the tax in like manner as if the same had actually been paid to the seller, and the city commission shall cause to be brought all suits and actions and to take all proceedings in the name of the city as may be necessary for the recovery of the tax; provided, the seller shall not be liable for the payment of the tax upon uncollected charges. If the purchaser shall fail, neglect or refuse to pay to the seller the seller's charge for the tax imposed and required by this division, or either, the seller shall have and is vested by this division with the right, *Cross reference—Occupational license tax on telephone company, § 20-59. Supp. No. 2 1159 § 20-33 ATLANTIC BEACH CODE power and authority to immediately discontinue further service to the purchaser until the tax and the seller's bill have been paid in full. (Ord. No. 70-82-10, § 3, 9-13-82) Sec. 20-34. Records to be kept by seller; inspector, transcripts. Each and every seller of local telephone service shall keep complete records showing all sales in the city of the commodities or services, which records shall show the price charged upon each sale, the date thereof and the date of payment thereof. The records shall be kept open for inspection by the duly authorized agents of the city during business hours on all business days. (Ord. No. 70-82-10, § 4, 9-13-82) Sec. 20-35. Limitation as to telephone calls. The tax levied on sales of telephone service under this division shall apply to all charges made for local telephone service except local services which are paid for by inserting coins in coin-operated telephones; the total amount of the guaranteed charge on each bill rendered for semipublic coin -box telephone service shall be subject to the tax. (Ord. No. 70-82-10, § 5, 9-13-82) Sec. 20-36. Monthly payments; computation of tax. In all cases where the seller of local telephone service collects the price thereof in monthly periods, the tax levied by this division may be computed on the aggregate amount of sales during the period, provided, the amount of tax to be collected shall be to the nearest whole cent to the amount computed. (Ord. No. 70-82-10, § 6, 9-13-82) Secs. 20-37-20-50. Reserved. ARTICLE III. OCCUPATIONAL LICENSE TAX* Sec. 20-51. Definitions. When used in this article, the following terms and phrases shall have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning: Business, profession and occupation do not include the customary religious, charitable or educational activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions in this state, which institutions are more particularly defined and limited as follows: *Editor's note—Ord. No. 45-84-6, § 1, adopted September 24, 1984, amended Ch. 10 of the Code of 1970. In order to follow the intent of Ord. No. 45-84-6 and preserve the editorial decisions arrived at during the codification project, the aforementioned ordinance has been treated as amendatory of Ch. 20, Art. III of the current Code. The effective date of this article is October 1, 1984. State law reference—Local occupational license taxes, F.S. Ch. 205. Supp. No. 2 1160 TAXATION § 20-51 Charitable institutions shall mean only nonprofit corporations operating physical facili- ties in this state at which are provided charitable services, a reasonable percentage of which shall be without cost to those unable to pay; Child care center includes any establishment which provides care for more than five (5) children unrelated to the operator and which received a payment, fee or grant for any of the children receiving care wherever operated and whether operated for profit. The term "child care center" shall include day nurseries, day care services and day care agencies, but not community-based residential facilities; Classification shall mean the method by which a business or group of businesses is identified by size or type, or both; Commission action means that the city commission shall approve the application in a regular meeting before issuance of such license; Department stores shall be construed to mean those stores which carry or sell three (3) or more lines of goods, wares or merchandise subject to license under the provisions of ordinan- ces of the city. Each department shall be licensed separately; Classification shall mean the .method by which a business or group of businesses is identified by size or type, or both; Educational institutions shall mean state tax -supported or parochial, church and non- profit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, the department of education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption; Local occupational license shall mean the method by which a local governing authority grants the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. It shall not mean any fees or licenses paid to any board, commission or officer for permits, registration, examination or inspection. Unless otherwise provided by law, these are deemed to be regulatory and in addition to, and not in lieu of, any local occupational license imposed under the provisions of this chapter; Person shall mean any individual, firm, partnership, joint adventure, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary, and shall include the plural as well as the singular; Religious institutions shall mean churches and ecclesiastical or denominational organiza- tions or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and also means church cemeteries; Taxpayer shall mean any person liable for taxes imposed under the provisions of this article; any agent required to file and pay any taxes imposed under the provisions of this article; and the heirs, successors, assignees and transferees of any such person or agent. Supp. No. 2 1161 § 20-52 ATLANTIC BEACH CODE (Ord. No. 45-84-6, § 1, 9-24-84) Cross reference—Definitions and rules of construction generally, § 1-2. State law reference—Similar definitions, F.S. § 205.022. Sec. 20-52. Levy. An occupational license tax shall be levied on: (1) Any person who maintains a permanent business location or branch office within the city, for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city, for the privilege of engaging in or managing any profession or occupation within its jurisdiction; (3) Any person who does not qualify under the provisions of subsection (1) or (2) of this section, and who transacts any business or engages in any occupation or profession in interstate commerce, if such license tax is not prohibited by Section 8 of Article I of the United States Constitution. (Ord. No. 45-81-5, § 1, 12-28-81; Ord. No. 45-84-6, § 1, 9-24-84) State law reference—Similar provisions, F.S. § 205.042. Sec. 20-53. Half-year licenses. The city clerk, upon proper showing that the issuance of a license for a full year would work a hardship in any instance during the period from April first to October first, may issue a half -year's license. Persons applying for a license after October first may be issued a half -year's license. (Code 1970, § 10-1; Ord. No. 45-84-6, § 1, 9-24-84) to hzw reference—Authority for a partial license, F.S. § 205.053(1). Sec. 20-54. Due dates and delinquencies; penalties. (a) All licenses shall be sold by the city clerk beginning September first of each year and shall be due and payable on or before October first of each year and shall expire on September thirtieth of the succeeding year. If October first falls on a weekend or holiday, the tax shall be due and payable on or before the first working day following October first. Those licenses not renewed when due and payable shall be considered delinquent and subject to a delinquency penalty of ten (10) percent for the month of October, plus an additional five (5) percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twenty-five (25) percent of the occupational license fee for the delinquent establishment. (b) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required in this article, shall be subject to a penalty of twenty-five (25) percent of the license determined to be due, in addition to the penalty provided by section 1-11. Supp. No. 2 1162 TAXATION § 20-59 (Code 1970, § 10-1.1; Ord. No. 45-84-6, § 1, 9-24-84) State law reference—Similar provisions, F.S. § 205.053. Sec. 20-55. Businesses falling under more than one classification; operating at more than one location. Each license classification and the amount of the license tax, as set forth in this chapter, shall be deemed to be cumulative to any license taxes otherwise imposed, and when any occupation, business, profession or commercial activity shall fall into more than one (1) of the classifications, such occupation, business, profession or commercial activity shall be required to comply with the license requirements of each such classification or provision. Whenever any person operates any of the businesses provided for in this• article at more than one location, each location shall be considered a separate business. (Code 1970, § 10-2; Ord. No. 45-84-6, § 1, 9-24-84) Sec. 20-56. Compliance by licensees. Issuance of a license by the city clerk shall in no wise relieve the holder thereof of responsibility for compliance with all provisions of this Code or other city ordinances or parts thereof heretofore passed or which may hereafter be passed by the city commission regulating the conduct of the business. (Code 1970, § 10-3; Ord. No. 45-84-6, § 1, 9-24-84) Sec. 20-57. Transfer. (a) All business licenses may be transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee of three dollars ($3.00) and presentation of the original license and evidence of the sale. (b) Upon written request and presentation of the original license, any license may be transferred from one location to another location in the city upon payment of a transfer fee of three dollars ($3.00). (Ord. No. 45-84-6, § 1, 9-24-84) State law reference—Similar provisions, F.S. § 205.043(2), (3). Sec. 20-58. Exemptions. Except from the provisions of this article are those persons exempt under F.S. § 205.063 et seq. Sec. 20-59. Schedule of fees. The amount of license tax which shall be paid by persons engaging in or managing businesses, trades, professions or occupations in the city are as follows: Supp. No. 2 1163 § 20-59 ATLANTIC BEACH CODE A ACCOUNTANTS $ 37.50 ADVERTISING: (1) Agencies 112.50 (2) Outdoor (General license covering all phases of advertisement, as de- fined in F.S. Ch. 479, relating to outdoor advertisers and including erecting, servicing and maintaining of electrical and neon signs) 75.00 a. Sign shop (Fabrication and painting of signs only. Not to include outdoor erection or maintenance of signs) 22.50 b. Billboard, highway and wall signs (covering fabrication, erection and/or maintenance of any type sign which is locatcd on private property, exclusive of neon, which is covered under general license (2)) 50.00 Cross reference—Signs and advertising structures, Ch. 17. AGENCIES: (1) Insurance company, home office, branch office, claim office 112.50 (2) Insurance, each agent or solicitor 15.00 (3) Real estate, each registered broker 22.50 Each salesman 15.00 (4) Manufacturer's representative or agent, wholesale 30.00 ANTIQUES: Furniture, bric-a-brac, paintings, buy and sell 15.00 AYYLIANCES: Electrical and gas, retail (including repairs) 15.00 ARCADE: (see coin-operated machines) ARCHITECT, Each registered architect's professional corporation 72.00 Each registered architect 30.00 ATTORNEY, each registered attorney's professional corporation 72.00 Each registered attorney 30.00 AUCTION HOUSE (Such business and fee to be granted on approval of the city commission) 75.00 AUCTIONEER 75.00 AUTO: (1) Accessories and parts only 37.50 (2) New car dealership (including storage) 37.50 (3) Used cars, sales only 15.00 Supp. No. 2 1164 TAXATION § 20-59 (4) Garages/shops, including repairing, cleaning, storage, welding, acces- sories, painting and service station 52.50 (5) Service station, gas and oil service only, no repairs 22.50 (6) Service station, including cleaning, storage, repairs, accessories, gas and oil services 52.50 (7) Wrecker, each (insurance required) 30.00 (8) Car wash, commission approval 30.00 B BAIL BONDSMAN BAKERIES: (1) Bakery shop with retail sales at one location and retail delivery permit- ted 15.00 (2) Each bakery truck delivering products inside city from a plant operated outside city BANKS, state or national BARBERSHOPS 75.00 (1) Over three (3) operators, each 37.50 200.00 37.50 7.50 BEAUTY SALONS 37.50 (1) Over three (3) operators, each 7.50 BICYCLES: (1) Rental and repairs 22.50 (2) Rental only 15.00 BILLIARD, BAGATELLE, OR POOL TABLES: (1) When set up and used for profit, either directly or indirectly, up to three (3) tables 30.00 (2) Each additional table 30.00 BOOK AGENTS 37.50 BOOKKEEPING SERVICES 22.50 BOOK STORES OR STATIONERS 37.50 BOWLING ALLEYS, when set up and used for profit, either directly or indi- rectly, each alley 30.00 Supp. No. 2 1165 § 20-59 ATLANTIC BEACH CODE BROKERS: (1) Moneylenders negotiating small loans up to $3,000.00 300.00 (2) Stocks and bonds 37.50 BUILDING AND LOAN ASSOCIATIONS (Local concerns soliciting loans, etc.) 37.50 BUILDING SUPPLIES, including sash, doors, windows, paints, retail, not hard- ware 15.00 C CABINET OR CARPENTER SHOPS, sales and installation 15.00 CANDY SHOPS, including right to sell retail or wholesale 37.50 CANDY VENDING MACHINES (see coin-operated machines) CEMENT OR ARTIFICIAL STONE, manufacturers 37.50 CEMETERY 150.00 CERAMICS, schools and/or sales 37.50 CLOTHING, men, women or children 37.50 CLUBS: Nightclub 600.00 Private club 75.00 Country club 75.00 COAL AND WOOD nn COIN-OPERATED VENDING MACHINES, AMUSEMENT MACHINES AND ARCADE: (1) Definitions: Pinball, marble, electronic, music or shuffleboard are clas- sified as amusement machines. (2) Fees: Arcade 200.00 Amusement, each machine 22.50 Vending, each machine 7.50 CONTRACTORS: (1) General Each person who contracts or subcontracts and whose services are unlimited about this type of work which they may do as set forth. This classification requires a Florida Construction Industry Licensing Board certificate or license. Each person who contracts or subcontracts shall pay a license tax determined by the maximum number of persons actually employed, or to be employed during the license year and shall be at the following rates: Supp. No. 2 1166 TAXATION § 20-59 l to 10 $ 7.50 11 to 20 13.50 21 to 30 20.00 31 to 40 27.00 41 to 50 34.00 51to100 110.00 101 to 150 170.00 151 to 200 225.00 201 or more 280.00 In determining the number of persons employed, all principals shall be deemed employed and be included in the calculation. (2) Building, those persons whose services are limited to construction of commercial buildings and single -or multiple -dwelling residential build- ings, neither to exceed the city's height limitation 30.00 (3) Residential building contractors 30.00 (4) Concrete manufacturing and delivery, sale of masonry 75.00 (5) Crane service, steel erection 37.50 (6) Doors, installation and sales 37.50 (7) Dredging 37.50 (8) Electrical 75.00 (9) Fences, metal or wood 30.00 (10) Foundation only 37.50 (11) Hot air heating, sheet metal and air conditioning 37.50 (12) Landscaping and lot cleaning 37.50 (13) Masonry and ceramic tile 37.50 (14) Minor contractor, floor covering, sanding and waxing, painting, paper- hanging, plasterers, tile and all other miscellaneous small contractors . 30.00 (15) Plumbing, including heat and water pumps, each master certificate holder 75.00 (16) Roofing and siding 30.00 (17) Septic tank, installation and repair 37.50 (18) Signs, electric, neon, painters 37.50 (19) Waterproofing and weatherstripping 37.50 (20) Well diggers 30.00 (21) Windows, sales, installation and service 37.50 Cross reference—Buildings and building regulations, Ch. 6. Supp. No. 2 1167 § 20-59 ATLANTIC BEACH CODE COSMETICS, retail 15.00 CURIOS AND NOVELTIES, GIFT SHOP 15.00 D DANCE HALLS or any place of amusement where dancing is permitted, includ- ing establishments licensed under beverage laws of this state, except ball- rooms at motels or hotels 110.00 DANCING SCHOOLS (see also schools) 15.00 DAY NURSERIES (see also schools) 15.00 DEALERS: (1) Used cars, sales only (see also autos) 15.00 (2) Secondhand merchandise 15.00 DECORATOR, INTERIOR 37.50 DELICATESSEN (see eating establishment also) 15.00 DELIVERY OR MESSENGER SERVICE 15.00 DENTISTS (see physicians, etc.) DEPARTMENT STORES (including 5 & 100 stores) 15.00 DRUGSTORES, including drugs, sundries and fountain (see restaurant and other classifications for additional license requirements) 15.00 DRY CLEANING PLANTS, right to go from door to door 30.00 EATING PLACES: (1) Restaurant, cafe, snack bar, dining room, drive-in eating establishment or other public eating place, whether operated in conjunction with some other line of business or not, except dining rooms in licensed public lodging establishments: 1 to 30 seats 15.00 31 to 74 seats 22.50 75 to 149 seats 34.00 150 or more seats 45.00 (2) Snack counters which maintain no seats or take-out service 15.00 (3) Drive-in restaurants where customers are served while seated in vehi- cles, in addition to the fees specified in paragraph (1) above 22.50 (4) Ice cream, vegetable, and fruit vendors 15.00 Supp. No. 2 1168 TAXATION § 20-59 (5) Ice cream parlor 15.00 (6) Catering service 37.50 ELECTRIC APPLIANCES, retail (including repairs) 15.00 ELECTRIC DISTRIBUTION UTILITY (publicly owned) per meter 10.00 ELECTRONICS, sales and service 37.50 EMPLOYMENT AGENCIES 37.50 ENGINEERS: (1) Each registered engineer's professional corporation 72.00 (2) Each registered engineer 30.00 EXPRESS COMPANY 22.50 F FABRICS, yard goods and supplies 37.50 FISH, seafoods, retail or wholesale, place of business 15.00 Cross reference—Groceries FISH, tropical 37.50 FLORIST, cut flowers, plants, not landscaping 15.00 FUEL OIL SERVICE (including delivery) 50.00 FUNERAL HOME (including crematoriums), must present current state certif- icate number 200.00 FURNITURE AND HOUSE FURNISHING, local store, each place of business 15.00 G GAMES, (see also coin-operated) amusement -merchandise, seated participants, "bingo", etc. (1) Up to 150 seats 200.00 (2) Each additional seat 1.00 GARAGE: (see auto) GARBAGE AND/OR TRASH COLLECTORS 37.50 GAS, FUEL, bottled, tank or otherwise, dealers in 37.50 GIFT SHOPS, cross reference curios and novelties 15.00 GROCERIES, MEAT AND FISH MARKETS 15.00 An establishment or place of business selling foodstuffs at retail shall be deemed a grocery; it shall not be deemed to include wares or commodities such as clothing, furniture, drugs or hardware. Supp. No. 2 1169 20-59 ATLANTIC BEACH CODE An occupational license shall be paid for each separate establishment (see other categories for additional license fees). H HARDWARE STORE, not to include heavy electric appliances 15.00 HEARING AIDS; sales and services 37.50 HEATING, see contractors HOTELS (including dining room), per room 5.60 See also motels and rooming houses. Minimum $5.60—State license prerequisite HOUSE MOVERS 150.00 I INSURERS: (1) Casualty risks: There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the busi- ness of insuring with respect to casualty risks, as shown by the records of the insurance commissioner of the State of Florida, an excise license tax in addition to any license tax or excise tax now levied by the City of Atlantic Beach, which tax shall be in the amount of one percent of the gross amount of receipts of premiums from policy holders on all prem- ises collected on casualty insurance policies, covering property within the corporate limits of the City of Atlantic Beach. (2) Property insurance. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the insur- ance commissioner of the State of Florida, an excise or license tax in addition to any license tax or excise tax now levied by the City of Atlantic Beach, which tax shall be in the amount of two percent of the gross amount of receipts of premiums from policy holders on all premi- ums collected on property insurance policies covering property within the corporate limits of the City of Atlantic Beach. (3) Date for payment. The license or excise taxes levied in (1) or (2) above shall be due and payable annually on the first day of March of each year hereafter. INTERIOR DECORATING AND SUPPLIES SHOP 37.50 J JEWELERS, retail, repairs and service 15.00 Supp. No. 2 1170 TAXATION § 20-59 L LANDSCAPING (see contractors) LAUNDRY: (1) Launderette, self-service 37.50 (2) Steam laundry plant/branch, includes right to solicit with truck, in- cluding dry cleaning 52.50 (3) Laundry agent, including right to solicit house 30.00 LINEN SUPPLY, rental of linens, etc 30.00. LOAN COMPANY 200.00 LUMBER DEALERS, retail sales (not to include hardware) 37.50 LUMBER YARDS 37.50 M MOTELS AND ROOMING HOUSES, per rental unit (see also hotels) 5.60 Fifteen or more sleeping facilities. State license prerequisite, minimum $5.60. MOTION PICTURE ESTABLISHMENT 45.00 MOTOR VEHICLES FOR HIRE: (1) Each bus under 4000 pounds 30.00 (2) Each bus over 4000 pounds 75.00 (3) First taxicab or cruising cab 22.50 (4) Each additional taxicab or cruising cab 7.50 AUTO RENTALS OR U -DRIVE -IT COMPANIES, each company 165.00 TRUCKS: (1) First truck 56.00 (2) Each additional truck 12.00 MUSIC SHOP, (including records, instruments, etc.) 15.00 N NEWSPAPERS: (1) Publishing 120.00 (2) Branch office 72.00 NEWSPAPERS, MAGAZINES, PERIODICAL STAND 15.00 NURSERY, PLANT, WHOLESALE AND RETAIL • 37.50 Supp. No. 2 1171 § 20-59 ATLANTIC BEACH CODE 0 OFFICE SUPPLY AND EQUIPMENT, wholesale and retail 37.50 OIL AND GASOLINE DEALERS, wholesale and retail 75.00 OPTICIANS, each registered optician's professional corporation 72.00 Each registered optician 30.00 P PARKING LOTS 37.50 PET GROOMING 37.50 PET SHOPS OR KENNELS 37.50 PHOTOGRAPHERS AND DEVELOPERS, established place of business 37.50 PHOTOGRAPHERS, itinerant, not having permanent place of business 37.50 PHYSICIANS: Surgeons, chiropractors, osteopaths, chiropodists, pediatrician, psychiatrist, naturopath, dentist, veterinarians, ophthalmologists and other persons otherwise engaged in the occupation or profession of treating by medical means the ailment of man or beast. (1) Each physician's professional corporation 72.00 (2) Each physician 30.00 PLUMBING SUPPLIES, retail 15.00 POOL TABLES (see billiards) Popo ( PN ANTI/(lP PPA NT TT, S'T-T('s1 a7 mn PRINTERS AND LITHOGRAPHERS 37.50 PRO SHOP, golf and tennis 37.50 R RADIO, TELEVISION AND ELECTRONIC SHOP, (including sales and repairs) . 37.50 REPAIRMEN AND REPAIR SHOPS, (repairing household furnishings or house- hold appliances) ` 37.50 ROOMS, ROOMING HOUSES (see motels, rooming houses) S SAVINGS AND LOAN ASSOCIATION OR INSTITUTIONS 200.00 SCHOOLS: (1) Private, including dancing, nursery, and kindergarten Cross reference—Nursery (2) Trade or profession 37.50 Supp. No. 2 15.00 1172 TAXATION § 20-59 SECONDHAND MERCHANDISE, store or dealer 15.00 SEED STORE, retail 15.00 SERVICE STATION, see auto SHOE REPAIR SHOP 30.00 SHOES, retail 37.50 STOCKS AND BONDS BROKER, see brokers STORAGE WAREHOUSE OR ROOMS 37.50 SURF SHOP 37.50 T TAXICABS, (see motor vehicles) TELEPHONE COMPANY, subject to franchise: (1) First 1,000 phones or instruments or fraction thereof, per phone or instrument operated or installed .075 (2) Second 1,000 phones or instruments or fraction thereof, over 1,000, per phone or instrument operated or installed .06 (3) All over 2,000 phones or instruments, per phone or instrument oper- ated or installed .045 TRAILER PARK OR TOURIST CAMP: 1 to 10 trailer spaces 37.50 10 to 20 trailer spaces 52.50 20 or more trailer spaces 75.00 TRAVEL BUREAUS 40.00 TREE SURGEONS, (including tree trimmers) 37.50 TRUCK TRANSFER: (1) Established place of business 37.50 (2) No established place of business, per truck 15.00 U UPHOLSTERY SHOPS 37.50 WATCH REPAIR, service and sales WATER SOFTENER WELDING SHOP Supp. No. 2 1173. 37.50 37.50 37.50 § 20-59 ATLANTIC BEACH CODE ANY BUSINESS, PROFESSION OR OCCUPATION NOT CLASSIFIED HERE- IN, MINIMUM FEE 37.50 (Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84) Secs. 20-60-20-75. Reserved. ARTICLE IV. INSURANCE PREMIUM TAXES Sec. 20-76. Casualty risks. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of one (1) percent of the gross amount of receipts of premiums from policyholders on all premiums collected on casu- alty insurance policies, covering property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8.80) State law reference—Authority for this section, F.S. § 185.08. Sec. 20-77. Property insurance. Ther6 is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of two (2) percent of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance policies cover- ing property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8-80) State law reference—State law reference—Authority for this section, F.S. § 175.101. Sec. 20-78. Payment date. The license or excise taxes levied in section 20-76 or 20-77 shall be due and payable annually on the first day of March of each year. (Ord. No. 45-80-4, 9-8-80) Supp. No. 2 1174 [The next page is 1221] TRAFFIC AND MOTOR VEHICLES § 21-22 prohibits stopping or parking, and any parking place specifically designated and marked for the disabled unless the vehicle displays a parking permit as required by state law. (Ord. No. 75-82-3, § 2, 4-12-82) State law reference—Similar provisions, F.S. § 316.1945. Sec. 21-18. Obstructing traffic. No person shall stop, stand or park a vehicle in a street in a manner or under such. conditions as to leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or a police officer. (Ord. No. 75-82-3, § 3, 4-12-82) Sec. 21-19. Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected, no person shall park a vehicle in such a designated place. (Ord. No. 75-82-3, § 4, 4-12-82) Sec. 21-20. Parking limitations. When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the city manager. (Ord. No. 75-82-3, § 5, 4-12-82) Sec. 21-21. Parking for certain purposes prohibited. No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose of: (1) Displaying it for sale; or (2) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emergency. (Ord. No. 75-82-3, § 6, 4-12-82) Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements. (a) No person shall stop, stand, or park a bus or commercial vehicle in excess of eighteen thousand five hundred (18,500) pounds gross vehicle weight, or any combination thereof, or any component part thereof, except for the purpose of loading and unloading. Component part shall include the tractor unit or trailer unit of tractor -trailer type truck. (1) Upon any street or right-of-way; (2) Upon any private property in a residential zone. Supp. No. 2 1223 § 21-22 ATLANTIC BEACH CODE (b) No person shall stop, stand, or park a recreational vehicle, camper; travel trailer, equipment trailer, boat, or trailer, or commercial vehicle in excess of ten thousand (10,000) pounds gross vehicle weight upon any street or right-of-way. (Ord. No. 75-82-3, § 7, 4-12-82) Sec. 21-23. Parking more than seventy-two hours prohibited. No person shall park a motor vehicle on any street or right-of-way for a period of time in excess of seventy-two (72) hours. (Ord. No. 75-82-3, § 8, 4-12-82) Sec. 21-24. Abandoned, wrecked, junked, inoperative, etc.—Declared unlawful; ex- ception; nuisance declared. (a) Abandoned Property. Florida Statute Chapter 705.16, Sections (1) through (8) is hereby adopted by reference in its entirety as if fully set forth herein. The provisions of this Chapter 705.16 referenced herein shall not apply to said abandoned property if the same is completely enclosed within a building or unless it is utilized in connection with a business enterprise lawfully situated and licensed for same. (b) Nuisance declared To accumulate or store one (1) or more of such vehicles on public or private property shall constitute a nuisance detrimental to the health, safety and welfare of inhabitants of the city, and it shall be the duty of the registered owner of the vehicle, and the duty of the owner of the private property, or lessee, or other person in possession of private property upon which the vehicle is located to remove the vehicle from the city limits, or to have the vehicle housed in a building where it will not be visible from the street. (Ord. No. 75-82-3, § 9, 4-12-82; Ord. No. 75-85-4, § 1, 3-11-85) Cross reference—Nuisances, Ch. 12. Sec. 21-25. Same—Removing and impounding. Members of the department of public safety of the city are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage or other place of safety under circumstances enumerated in this article: (1) When a vehicle is left unattended: a. On a sidewalk; b. In front of a public or private driveway upon complaint; c. Within fifteen (15) feet of a fire hydrant; d. Within an intersection; e. On a crosswalk; or f. Alongside or opposite any street excavation or obstruction when stopping, stand- ing, or parking would obstruct traffic. Supp. No. 2 1224 UTILITIES § 22-27 Sec. 22-22. Fee to reestablish service after cutoff. If water service is turned off, either because of delinquency or upon the request of the consumer, for any purpose, a cut -on fee of ten dollars ($10.00) shall be charged and paid when water is turned on. A delinquent 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) 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. 2 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 (11/a) times the above rate applicable to customers inside the city. (Co -le 1970, § 27.s2, Ord. No. 80 -81 uv, 8 23 81; Ord. NO. 03-85-27, 1, 4-3-35) -n-35) Sec. 22-29. Billing dates; failure to receive bill; when bills become delinquent; dis- connection of service for failure to pay bill. Bilis 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. 2 1280 ZONING AND SUBDIVISION REGULATIONS § 24-17 (135) degrees. The exterior lot line of the narrowest side of the lot abutting the street shall be considered the front yard. The exterior lot line of the longest side of the lot abutting the street shall be considered a side yard and shall have a minimum setback of fifteen (15) feet. The opposite side yard shall conform to the minimum side yard requirement of the district in which it is located. The rear yard shall have a minimum setback of twenty (20) feet. Lot coverage shall mean the area of the lot covered by the ground floor of all principal and accessory uses and structures, including all areas covered by the roof of such uses and structures, measured along the exterior faces of the walls, along the foundation wall line, between the exterior faces of supporting columns, from the center line of walls separating two (2) buildings or as a combination of the foregoing, whichever produces the greatest total ground coverage for such uses and structures. Lot depth shall mean the distance measured from the middle point of the front line to the middle point of the opposite rear line of the lot. Lot, double frontage shall mean a double frontage or through lot that has frontage on two (2) nonintercepting streets. The applicable front setback requirement shall apply to both frontages regardless of which line the land owner elects as the front line, unless the lot has a permanent solid face subdivision perimeter buffer wall precluding access along one (1) frontage. Lot line shall mean the legal boundary line of a lot. Lot of record shall mean a lot which is part of a subdivision, the map of which has been recorded in the office of the clerk of the circuit court, or a parcel of land the deed of which was recorded in the office of the clerk of the circuit court. Lot or site area shall mean the horizontal plane area within the lot lines, expressed in this chapter in square feet or square acres, exclusive of public or private dedications. Lot width shall mean the mean horizontal distance between the side lot lines, measured at right angles to its depth. Marina shall mean an establishment with a waterfront location for the purpose of storing watercraft and pleasure boats on land, in buildings, in slips or on boat lifts, and including accessory facilities for purposes such as refueling, minor repair and launching. Mean high water shall mean the average height of the high waters over a nineteen (19) year period or for shorter periods of observations; the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equiva- lent of a mean nineteen (19) year value, as defined in F.S. Ch. 253. Mobile home shall mean a movable or portable detached single-family dwelling designed for and capable of being used for long-term occupancy, designed to be transported after fabrication on its own permanent chassis and wheels, arriving at the site substantially complete, of such size and weight as to require special highway movements permits, and in Supp. No. 2 1413 § 24-17 ATLANTIC BEACH CODE excess of eight (8) feet in width and thirty-two (32) feet overall length, as measured from the ball joint to the rear bumper, but not exceeding twenty-four (24) feet in width and seventy-five (75) feet in length. A mobile home shall be defined by F.S. Ch. 320, and shall be transportable, manufactured, suitable for real estate and utilized for nontransient purposes. The mobile home shall contain the same water supply, waste disposal and electrical conveniences as conventional housing. Modular factory built home shall mean a modular unit residential building comprised of one (1) or more dwelling units, or habitable rooms or component parts thereof, which is either wholly manufactured or is a substantial part constructed in central manufacturing facilities and bears the approval of the department of community affairs under the provisions of the Housing Act of 1971. However, this term does not apply to mobile homes, as defined by F.S. Ch. 320. Modular homes are regulated by this chapter as dwellings, single-family. Nonconforming use or building shall mean the use of a building or portion thereof, or land or portion thereof, which does not conform with the use regulations of the district in which the building is located, the use of which was legally established and existed prior to the effective date of such use regulations. Nursing home. See Group care home. Occupied includes designed, built, altered, converted to or intended to be used or occupied. Office building, business or professional shall mean a building providing office space for the furnishing of professional services in any of the following or related categories: law, architecture, engineering, medicine, dentistry, osteopathy, chiropractic, optometry or consul- tants in these or related professions. Open space shall mean an area open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts, or any other recreational facilities. Streets, structures for habitation and the like shall not be included. Parcel shall mean a tract of land which may be described by metes and bounds or plat. See also the definition for lot. Parking, handicapped shall mean parking spaces designed and provided in quantities consistent with handicapped requirements. Parking lot shall mean an open area used exclusively for the storage of motor vehicles, whether or not a fee is charged. Parking space, off-street shall mean an off-street parking space consisting of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but located totally outside of any street or alley right-of-way. Size shall conform to specifications in this chapter and may be divided into spaces for standard size vehicles and compact cars. Permanent'dontrol point (PCP) shall be a secondary horizontal control monument and shall be a metal marker with the point of reference marked thereon or a four (4) by four (4) inch Supp. No. 2 1414 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 (boat, horse, utility) shall mean a conveyance drawn by other motive power and used for transporting a boat, animal or general goods. Trailer coach. See Recreation vehicle. Trailer, house. See Mobile home. Travel trailer. See Recreation vehicle. Travel trailer park or court shall mean a park or court, licensed and approved by the state board of health, and established to carry on the business of parking travel trailers. Use shall mean the purpose for which land or water or the structure thereon is designated to the extent covered by Article III, Zoning Regulations. Used, occupied, as applied to any land or building, shall include the words "intended," "arranged" or "designed to be used or occupied." Variance. Any modification of the zoning ordinance regulations must be authorized by the 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. 2 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(II, B), 7-26-82; Ord. No. 90-82-72, § 1, 1-10-83; Ord. No. 96-82-76, § 1, 1-10-83; Ord. No. 90-83-80, § I, 6-27-83; Ord. No. 90-85-91, § 1, 7-8-85) Secs. 24-18-24-30. Reserved. ARTICLE III. ZONING REGULATIONS DIVISION 1. GENERALLY Sec. 24-31. Scope. The provisions of this chapter shall be administered in accordance with the rules set forth in this article and the detailed regulations governing each district. Administrative procedures and the responsibilities of the city commission, administrative official, planning agency, board of adjustment and code enforcement board are set forth. Procedures for filing applica- tions for changes and amendments to this chapter, appealing decisions on any matter covered in this chapter, notification of violations and penalties for violation have been included. (Ord. No. 90-82-74, § 2(1II, A), 7-26-82) Secs. 24-32-24-45. Reserved. DIVISION 2. ADMINISTRATION* Sec. 24 46. .iffy° 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(11, B, 1), 7-26-82; Ord. No. 90-83-80, §§ II, III, 6-27-83) *Cross reference—Administration, Ch. 2. Supp. No. 2 1420 ZONING AND SUBDIVISION REGULATIONS § 24-161 (4) The home occupation shall be clearly incidental and subordinate to its residential use and shall, under no circumstances change the outside appearance or the residential character of the building. (5) A nonilluminated nameplate not exceeding one (1) square foot in area, mounted flat against the wall at a position not more than two (2) feet distant from the main entrance to the residence. (6) No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. All motors and equipment shall be shielded so as not to cause radio or television interference. (7) There shall be no -sale of commodities other than those made on the premises pro- vided that the sales shall be conducted within the building and no display or adver- tising shall be visible from the outside of the building. (8) Fabrication of articles such as are commonly classified under the terms arts and handicrafts may be deemed a home occupation. (9) Home occupations shall not be construed to include uses which will generate greater volumes of traffic than normally expected in a residential neighborhood, nor shall it be constructed to include barber shops, beauty parlors, food processing establish- ments, restaurants, antique stores or commercial kennels. (10) A plan showing the location and total floor area of the residence on the lot, the area of room or rooms to be utilized for the home occupation, ingress and egress from the public right-of-way, shall accompany the application for exception or permit for the home occupation. (Ord. No. 90-82-74, § 2(111, H, 8), 7-26-82) Sec. 24-160. Miniwarehouses. The business commonly known as miniwarehouses shall be utilized for the sole purpose of storage of tangible personal property. (Ord. No. 95-79-18, § 2, 10-8-79) Sec. 24-161. Off-street parking and loading. (a) General. Minimum off-street vehicular parking spaces shall be provided at the time of the construction of any main building for the uses described in this section. The facilities shall be arranged for convenient access and safety of pedestrians and vehicles; shall be paved, adequately drained and maintained in a dustproof condition; shall provide barriers when located at the perimeter of the lot to prevent encroachment on to adjacent property; and when lighted, lights shall be directed away from adjacent property. Parking areas and driveways shall not obstruct storm water drainage swales, guttering, etc. (b) Plans required A plan shall be submitted with the application for a building permit for any building requiring off-street parking and loading with accurate dimensions for park - Supp. No. 2 1457 § 24-161 ATLANTIC BEACH CODE ing and loading spaces, access aisles and driveways and location of parking and loading in relationship to the buildings or uses to be served. (c) Measurement. Where floor area determines the amount of off-street parking and loading required, the floor area of a building shall be the sums of the gross horizontal area of every floor of the building, using exterior wall dimensions. In places of public assembly in which occupants utilize benches, pews or similar seating, each twenty-four (24) lineal inches of such seating shall be considered one (1) seat. When computations result in requirement of a fractional space, a fraction equal to or more than one-half shall require a full space. (d) Uses not specifically mentioned. Requirements for off-street parking and loading for uses not specifically mentioned in this section shall be the same as required for the most similar to the one sought, it being the intent of this article to require all uses to provide off-street parking and loading. (e) Location: (1) Parkingspaces for dwellings shall be located on the same property with main build- ing to be served, where feasible. (2) Parking spaces for other uses shall be provided on the same lot or not more than four hundred (400) feet away. (f) Design requirements: (1) Parking space dimension shall be a minimum of ten (10) feet by twenty (20) feet; (2) Handicapped parking spaces shall have a minimum width of twelve (12) feet; (3) Minimum width for one-way driveway aisle shall be twelve (12) feet and the mini- mum width for two-way driveway shall be twenty-two (22) feet. (g) Parking space requirements: (1) Auditoriums, theaters or other places of assembly. One (1) space for every four (4) seats or seating places; (2) Bowling alleys. Four (4) spaces for each alley; (3) Business or commercial buildings. One (1) space for each three hundred (300) square feet of gross floor area; (4) Churches, temples or places of worship. One (1) space for each four (4) seats or seating places; (5) Clubs or lodges. One (1) space for each four (4) seats or seating places or one (1) space for each two hundred (200) square feet of gross floor area, whichever is greater; (6) Dwelling structures. a. Single-family, two (2) spaces per dwelling unit; b. Multiple -family, two (2) spaces per dwelling unit plus one (1) space for owner or operator plus one (1) space for each two (2) employees. Supp. No. 2 1458 ZONING AND SUBDIVISION REGULATIONS § 24-161 (7) -Hospitals, sanitariums and convalescent homes. One and one-half (11/2) spaces for each hospital bed; (8) Hotels and motels. One (1) space for each sleeping unit plus spaces required for accessory uses such as restaurants, lounges, etc.; (9) Libraries and museums. One (1) space for each five hundred (500) square feet of gross floor area; (10) Manufacturing, warehousing and industrial uses. One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each company vehicle. operating from the premises; (11) Medical or dental clinic. One (1) space for each two hundred (200) square feet of gross floor area; (12) Mortuaries. One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees; (13) Marinas. One (1) space for each boat berth plus one (1) space for each two (2) employees; (14) Office and professional buildings. One (1) space for each four hundred (400) square feet of gross floor area; (15) Restaurants, cocktail lounges and/or other eating places. One (1) space for each two (2) seats; (16) Rooming and boardinghouses. One (1) space for each guest bedroom; (17) Schools and educational uses: a. Elementary and junior high schools. Two (2) spaces for each classroom, office and kitchen; b. Senior high schools. Six (6) spaces for each classroom plus one (1) space for each staff member. (18) Vocational, trade and business schools. One (1) space for each three hundred (300) square feet of gross floor area; (19) Day care centers. One and one-half (11) spaces for each employee; (20) Shopping centers. Four (4) spaces for each one thousand (1,000) square feet of gross leasable area. - (h) Off-street loading spaces. Off-street loading spaces shall be provided and maintained for hospital, institutions, single occupancy commercial or industrial building, or similar use requiring the receipt or distribution by vehicles of materials and merchandise as follows: One (1) space for the first ten thousand (10,000) square feet of gross floor area and one (1) Supp. No. 2 1459 § 24-161 ATLANTIC BEACH CODE additional space for each twenty thousand (20,000) square feet of gross floor area, or fraction thereof, over and above the first ten thousand (10,000) square feet. (Ord. No. 90-82-74, § 2(III, H, 9), 7-26-82; Ord. No. 90-85-92, § 1, 7-8-85) Cross reference—Stopping, standing and parking generally, § 21-16 et seq. Sec. 24-162. Parking lots. Off-street parking lots shall be a permissible use by exception in all districts where such lots are within four hundred (400) feet of a premises requiring off-street parking, provided such lots in residential districts shall also conform to the following: (1) Such parking lots may be permitted only between the principal use and the nearest street in the residential district. (2) An approved wall, fencing, shrubbery or as otherwise required by the planning agency and the city commission shall be erected along edges of portions of such lots as adjoin land in the residential district unless releases are secured from all adjoining property owners. Height limitations as required in other sections of this article shall not apply. (3) No source of illumination for the lots shall be directly. visible from any window in any residence in the residential district. (4) There shall be no sales or service activity of any kind on any parking lot unless a permit is applied for and is granted by the administrative official. (Ord. No. 90-82-74, § 2(III, 11, 10), 7-26-82) Cross reference—Stopping, standing and parking generally, § 21-16 et seq. Sec. 24-163. Storage and parking of vehicles and equipment in residential districts. r___ , r£__. thanUr Yg,YVC'.CYY LIVUbi9YYt1 rive Yt(1UA,360) b+1Ub'ti vehi- cle weight, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district, except in accordance with the following requirements: (1) No more than one (1) commercial vehicle per dwelling shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted; (2) Travel trailers, motor homes, hauling trailers or boat trailers shall be permitted if parked or stored behind the front yard building line; (3) A travel trailer or motor home shall not be occupied, either temporarily or perma- nently, while it is parked or stored in any area except in a trailer park authorized under this article; (4) A junked vehicle, or one that is inoperable, shall not be permitted to be located on or near lots with dwelling units. These junked vehicles shall be confined to junkyards; (5) No materials, supplies, appliances or equipment used or designed for use in commer- cial or industrial operations shall be stored in residential districts, nor shall any home appliances be stored outdoors in a residential district. Supp. No. 2 1460 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 90-82-72 1-10-83 1 24-17 96-82-76 1-10-83 1 24-17 10-82-14 1-24-83 1 3-6 10-83-15 2-14-83 1 3-2 57-83-9 2-28-83 1 2-41 2-51-2-53 2-61-2-63 25-83-16 5- 9-83 1, 2 8-1 3 8-7 4 8-8 5 8-9 6 8-2, 8-10 15-83-5 6-27-83 Char., Art. XV (note) 90-83-80 6-27-83 I 24-17 II, III 24-46 IV 24-62 V 24-110 80-83-23 6-27-83 I(Art. I, §§ 1-26) 22-56 I(Art. II, § 1) 22-71 I(Art. II, § 2) 22-72 I(Art. II, § 3) 22-73 I(Art. II, § 4) 22-74 I(Art. III, § 1) 22-87 I(Art. III, §§ 2, 3) 22-88 I(Art. III, § 4) 22-89 I(Art. III, § 5) 22-90 I(Art. III, § 6) 22-91 I(Art. III, § 4) 22-86 I(Art. IV, § 1) 22-102 I(Art. IV, § 2) 22-103 I(Art. IV, § 3) 22-101 I(Art. IV, § 4) 22-104 I(Art. IV, § 5) 22-105 I(Art. IV, § 6) 22-106 I(Art. IV, § 7) 22-107 I(Art. IV, § 8) 22-108 I(Art. IV, § 9) 22-109 I(Art. IV, § 10) 22-110 I(Art. IV, § 11) 22-111 I(Art. V, § 1) 22-127 I(Art. V, § 2) 22-128 I(Art. V, § 3) 22-129 I(Art. V, § 4) 22-130 I(Art. V, § 5) 22-131 I(Art. V, § 6) 22-132 I(Art. V, § 7) 22-133 I(Art. V, § 8) 22-134 I(Art. V, § 9) 22-135 Supp. No. 2 1991 Ordinance Number 90-83-81 80-83-24 5-83-10 5-83-13 90-83-82 5-83-11 5-83-12 57-84-10 45-84-6 47-85-2 Supp. No. 2 ATLANTIC BEACH CODE Date 7-11-83 9-12-83 12-12-83 12-12-83 12-12-83 1- 9-84 2-13-84 4- 9-84 9-24-84 2-11-85 1992 Section I(Art. V, § 10) I(Art. V, § 11) I(Art. VI, § 1) I(Art. VII, § 1) I(Art. VII, § 2) I(Art. VII, § 3) I(Art. VII, § 4) I(Art. VIII, § 1) I(Art. VIII, § 4) I(Art. § 5) I(Art. IX, § 1) I(Art. IX, § 2) I(Art. IX, § 3) I(Art. IX, § 4) I(Art. IX, § 5) 1 1 1 1 2 1 1 2 3 4 5 6 7 8 9 10 11 2 4 1 Adopting 0 Section this Code 22-136 22-126 22-57 22-151 22-152 22-153 22-153 22-154 22-166 22-167 22-169 22-170 22-171 22-172 22-173 22-174 22-168 22-175 22-191 22-192 22-193 22-194 22-195 24-126-24-136 22-167 2-20 2-16 15-19 15-21 24-188, 24-198 2-356 2-357 2-358 2-359 2-360 2-361 2-362 2-363 2-364 2-365 2-366 2-331-2-336 2-337 2-338 21-38 20-51-20-59 rdinance, p. vii • CODE COMPARATIVE TABLE Ordinance Section Number Date 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(eXl) 58-85-5 7-22-85 1 2-290 Supp. No. 2 1993 [The next page is 2043] STATUTORY REFERENCE TABLE F.S. Section F. S. Section Section this Code Section this Code Ch. 705 Ch. 15, Art. II 768.28 Char., § 160 (note) 790.15 13-3 705.16 Ch. 2, Art. II(note) Ch. 791 Ch. 7(note) 705.16(1)—(8) 21-24(a) 806.13 6-111 Ch. 760 Ch. 9(note) 22-57 760.20 Ch. 9, Art. II(note) Ch. 823 Ch. 12(note) 760.22 9-16 Ch. 828 4-5 760.23 9-17 876.05 Char., § 168 760.24 9-18 893.03 13-4 760.25 9-22 13-5 760.29 9-23 893.147 13-5 760.37 9-24 932.701 Ch. 15, Art. II Ch. 767 Ch. 3, Art. II(note) (note) 4-26 943.25(8Xa) 15-1 Supp. No. 2 2055 [The next page is 2081] CODE INDEX TRAFFIC—Cont'd. Section Stopping, standing and parking Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks 21-25(aXl) Parked longer than seventy-two hours Removing and impounding 21-25 Towage and storage charges 2126 Statutes adopted; nuisance declared 21-24 Commercial, recreational, etc., vehicles; weight requirements 21-22 Compliance with signs prohibiting parking required 21-19 Enforcement Disposition of money collected as fines 21-40 Form of citations 21-37 Issuance of citations 21-36 Payment of parking fines 21-39 Presumption of motor vehicle ownership 21-41 Schedule of fines 21-38 Manner of parking 21-16 Obstructing traffic 21-18 Parking for certain purposes prohibited 21-21 Parking limitations 21-20 Parking more than seventy-two hours prohibited 21-23 Prohibited in specific areas 21-17 Street excavations Abandoned, wrecked, junked, etc., vehicles left unattended alongside or opposite street excavations 21-25 Stopping, standing or parking vehicles alongside or opposite street excavations 21-17(7) Traffic -control signs, signals and devices Compliance with signs prohibiting parking 21-19 Signs and advertising structures Confusion with, use of words on traffic -control signs 17-5 Stopping, standing or parking vehicles Compliance with signs prohibiting parking required 21-19 Parking limitations where signs are erected 21-20 Stopping, standing or parking vehicles where official signs prohibit stopping or parking 21-17(7) Washing, greasing or repairing vehicles Standing or parking vehicle for purpose of 21-21 TRAILERS. See: MOBILE HOMES AND RECREATIONAL VEHICLES TRANSPORTATION Uniform travel policy and procedure 2-632 TRAPPING Trapping birds, wild fowl, etc. 4-4 TRASH. See: GARBAGE AND REFUSE TRAVEL Uniform travel policy and procedure Auditing 2-365 Supp. No. 2 2155 ATLANTIC BEACH CODE TRAVEL—Cont'd. Section Authority to incur travel and business expenses 2-357 Authorized travel 2-363 Definitions 2-356 Expense forms and regulations 2-359 Fraudulent claims 2-366 Funding 2-358 Reimbursable incidental expenses 2-364 Schedule for meal allowance and accommodations 2-360 Subsistence 2-361 Transportation 2-362 TRAVEL TRAILERS. See: MOBILE HOMES AND RECREA- TIONAL VEHICLES TREFS AND SHFUBBERY Building official Authority regarding supervision of work, under permits 23-17 Jurisdiction and supervision over provisions 23-16 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Damage or destruction 23-19 Garbage and refuse collection and disposal Garden trash, compost piles 16-5 Leaves and grass clippings; tree trunks, limbs, etc 16-3 Removal of trees, permits for 23-18 Signs, posters, etc., prohibited on trees 17-8 Subdivisions Design and construction standards Required improvements Clearine and eradine of ri¢hts-of-wav 24-257 Use of natural features 24-251(2) Waterworks system Water shortages; irrigation of ornamentals, ferns, foilage, etc, 22-39 Zoning regulations Tree removal or damage 24-169 TRUSTS Definition of "person" to include trusts 1-2 U UNDERGROUND UTILITIES Subdivisions Required improvements 24-221 Zoning regulations Planned unit development (PUD) 24-136(d) UNDERGROUND WIRING Mobile home parks and recreational vehicle parks 10-2(4) Supp. No. 2 2156