[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic
Beach 4-13-1977 by L.L. No. 3-1977. Amendments
noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 200.
The following definitions shall apply in the interpretation and enforcement
of this chapter:
The Board of Trustees of the Village of Atlantic Beach or their designated
representative.
All uses other than those related to single- and two-family dwellings.
A reduction in height of the highway curb, or a hypothetical highway
curb, at the driveway entrances, and shall be measured between the twenty-inch
flares.
That portion of land used for the purpose of affording a means of
ingress and egress between private property and a "highway" as defined herein.
A street, roadway or highway maintained by the Village of Atlantic
Beach.
Residential use as applied to one- and two-family dwellings.
An individual, firm or corporation.
The incorporated area of the Village of Atlantic Beach.
A.
A person shall not, either at his own expense or on behalf
of another person, make, construct or reconstruct, locate or relocate, relay
or repair a driveway or curb cut abutting a highway without first obtaining
a permit as herein provided, except: a permit shall not be required for any
work performed under contract exclusively with the village.
A.
Each application for a permit shall be signed and acknowledged
by the applicant and shall set forth, or there shall be attached thereto,
a fully dimensioned plot plan showing the existing and proposed driveways,
curbs and sidewalks of the subject property and on each side adjacent thereto.
B.
C.
Completion, reimbursement and assessment. Each application
shall authorize the Board of Trustees to complete the repair, construction
or reconstruction of driveway entrances and curb cuts whenever the Board of
Trustees finds reasonable cause to conclude that the applicant fails, refuses
or neglects to complete such repair, construction or reconstruction. The village
shall be reimbursed for the cost of such repair, construction or reconstruction
by assessment against and collection from the lots or parcels of land where
such work was performed or services rendered for so much of the actual and
complete costs as incurred upon and from each lot or lots.
The Board of Trustees shall review each application and shall issue
such permit upon compliance by the applicant with the provisions of this chapter,
provided the Board of Trustees shall determine that:
A.
The proposed driveway entrance or curb cut will not interfere
with the orderly and reasonable use of adjacent property.
B.
The proposed driveway entrance or curb cut will not create
undue interference with vehicular traffic in the adjoining highway.
C.
The proposed driveway entrance or curb cut will not adversely
affect the health, safety, welfare, comfort and convenience of the inhabitants
of the village.
Each curb cut and driveway for noncommercial use constructed under a
permit issued pursuant to this chapter shall be constructed in accordance
with the detailed plan-and-specification exhibit provided in this chapter
and in accordance with the following additional specifications:
A.
Curb cuts for dwellings shall be no greater than 10 feet
for one-car access at the curbline.
B.
Curb cuts for dwellings shall be no greater than 18 feet
for two-car access at the curbline.
C.
For corner property, the minimum distance permitted between
any curb cut and the property line forming the adjoining street extended to
the curbline shall be 25 feet.
D.
A minimum distance of 24 inches from side property lines
shall be maintained at the curbline for all curb cuts.
E.
Curb cuts for connected or u-shaped driveways shall comply
with the following requirements:
(1)
Curb cuts for purposes of connected or u-shaped driveways
shall require not less than 50 linear feet minimum frontage on one street
or highway.
(2)
Each connected or u-shaped driveway permitted under this
subsection shall consist of either two ten-foot curb cuts or one ten-foot
curb cut and one eighteen-foot curb cut.
(3)
A minimum of 18 feet shall be required between curb cuts.
F.
An existing curb cut may be supplemented by not more
than one additional single-width ten-foot curb cut, provided that the proposed
additional curb cut is located not less than 10 feet from the existing curb
cut at the curbline, and the application otherwise meets all other requirements
herein.
G.
An existing ten-foot curb cut for an attached garage
may be widened to an eighteen-foot curb cut when the application otherwise
meets all other requirements herein.
Each curb cut and driveway for commercial use constructed under a permit
issued pursuant to this chapter shall be constructed in accordance with the
detailed plan-and-specification exhibit provided in this chapter and in accordance
with the following additional specifications:
A.
Normal curb cuts for commercial use shall be not greater
than 25 feet at the curbline. However, should the applicant prove a requirement
of greater width in order to accommodate larger vehicles, consideration for
such greater width may be given.
B.
For corner property the minimum distance permitted between
any commercial-use curb cut and the property line forming the adjoining street
extended to the curbline shall be 10 feet.
C.
A minimum distance of five feet from side property lines
shall be maintained at the curbline for all commercial use curb cuts.
D.
Commercial-use curb cuts may be supplemented by additional
commercial-use curb cuts, provided that all such curb cuts are not less than
25 feet one from the other at the curbline, and the application otherwise
meets all other requirements herein.
Notwithstanding any facts concerning an application herein which may
be contrary to the provisions of this chapter, the Board of Trustees may direct
that a permit be issued if the Board shall find that strict compliance with
these provisions will create practical difficulties or unnecessary hardships,
or if he shall find that the proposed driveway entrance and curb cut shall
be in the public interest.
The issuance of a permit herein does not constitute a waiver of any
requirements respecting the subject property which may exist pursuant to statute,
local law or ordinance.
A.
Any person or corporation committing an offense against
any of the provisions of this chapter or fail to comply therewith, or with
any of the requirements thereof, shall be guilty of a violation punishable
by and subject to a fine of not more than $500 or by imprisonment for not
more than 15 days or by both such fine and imprisonment for each such violation
upon conviction of any section or provision of this chapter.[1]
B.
Each days continued offense shall constitute a separate
violation.