The following definitions shall apply in the interpretation and enforcement
of this chapter:
BOARD OF TRUSTEES
The Board of Trustees of the Village of Atlantic Beach or their designated
representative.
COMMERCIAL USE
All uses other than those related to single- and two-family dwellings.
CURB CUT
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.
DRIVEWAY
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.
HIGHWAY
A street, roadway or highway maintained by the Village of Atlantic
Beach.
PERSON
An individual, firm or corporation.
VILLAGE
The incorporated area of the Village of Atlantic Beach.
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.