In no residence district shall a tower, steeple or pole be erected or maintained at a height greater than the maximum height specified in the district.
In any use district, no dwelling shall be erected which has a habitable floor space of less than 1,000 square feet, unless otherwise specified.
A. 
No single-family dwelling may maintain a second-floor deck in the rear yard with access from an outdoor staircase, except an outdoor staircase shall be permitted from the floor at the required freeboard height.
[Amended 6-13-2016 by L.L. No. 2-2016]
B. 
No single-family dwelling may maintain an indoor vestibule or other area immediately abutting any entrance to the dwelling which provides direct access to:
(1) 
A locking door providing access to a staircase to the second floor; or
(2) 
A staircase leading to a locking door providing access to the second floor.
C. 
In any use district, no premises may be used or occupied and no structure erected or maintained for the harboring of pigeons, poultry, fowl, ducks, geese, swine, goats, sheep, lambs, horses, ponies, donkeys, snakes, cattle, monkeys, rabbits, chinchillas, minks, skunks, foxes or bees, except when permitted as a special exception by the Board of Appeals.
D. 
In any use district, no premises may be used or occupied and no structure may be erected or maintained for the harboring of any dangerous or obnoxious animal which is wild in its natural habitat.
E. 
In any use district, no premises may be used or occupied and no structure may be erected or maintained where the release of airborne asbestos fibers, due to the handling or presence of asbestos in any form, may occur. Nothing herein shall require the removal of asbestos from any building or structure if same is permitted under any applicable laws and regulations. Nothing herein shall permit or require handling or removal of asbestos in any manner which shall violate any law or regulation of the United States, the State of New York, the County of Nassau and/or the Village of Atlantic Beach applicable thereto.
F. 
In any use district, no premises may be used or occupied and no structure may be erected or maintained which may be determined by the Building Inspector to be noxious or offensive by reason of the emission of odor, dust, fumes, smoke, gas, vibration or noise.
G. 
It shall be prohibited, to conduct a home occupation (accessory use) in any dwelling unit under the following circumstances:
(1) 
When the utilized floor area is more than 25% of the total floor area of the unit, and in no event more than 500 square feet of floor area.
(2) 
When the home occupation produces offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects.
H. 
Placement of commercial vehicles on premises in the A, C or CA Residence Districts:
(1) 
No commercial vehicle shall be placed upon the exterior portion of any premises in the A, C or CA Residence Districts, except during active loading or off-loading of merchandise, or except during the active performance of any commercial service or duty undertaken by the operator of such vehicle in connection with said premises.
(2) 
For the purpose of Subsection H(1) above, a "commercial vehicle" shall be defined as a vehicle which requires commercial registration under the New York State Vehicle and Traffic Law or the regulations adopted thereunder, or as any other vehicle which, by reason of the attachment of advertising messages and/or storage of service equipment or other commercial merchandise or hardware, presents the outward appearance of a vehicle which is primarily utilized in furtherance of commercial or industrial enterprise.
I. 
All houses facing a legal street shall have a minimum of 24 square feet of glass per floor.
J. 
Buildings within the Village of Atlantic Beach shall be constructed with a peaked or gable roof only.
K. 
Attics:
(1) 
No attic shall be heated or air-conditioned.
(2) 
No attic or portion of an attic may be dormered.
(3) 
Attics shall be used exclusively for storage and shall not contain any habitable spaces, uninhabitable spaces, recreational rooms or bathrooms.
L. 
Boarding of windows and doors prohibited. It shall be unlawful for any person, either as owner, lessee, or occupant of a residential dwelling, or commercial building, to cover any broken, damaged, defective or missing window or door on such dwelling or building with wood boards, sheet metal, sheet rock, or any other material. Such owner, lessee or occupant shall be required to remove such covering and repair or replace the broken, damaged, defective or missing window or door within 10 days of service of a written notice from the Building Inspector to do so. Service of such notice may be made by personal service or by certified mail, return receipt requested, addressed to the owner, lessee, or occupant at the subject property.
[Added 8-8-2005 by L.L. No. 1-2005]
M. 
Transient occupancy prohibited.
[Added 12-14-2015 by L.L. No. 5-2015]
(1) 
Notwithstanding any provisions of this chapter or any other local law, ordinance, rule or regulation to the contrary, no dwelling in the Village shall be used for transient occupancy, and such occupancy shall be a violation subject to prosecution in Village Court, and/or administrative action as provided herein, and/or otherwise at law or in equity.
(2) 
Transient occupancy shall be defined as a single occupancy (or series of occupancies) of a single- or two-family dwelling, or a part thereof, or of a dwelling unit in a multiple-family dwelling, or a part thereof, by a person or group of persons for intervals of less than 30 continuous days, without the owner of record or any qualified nontransient lessee also then residing at the dwelling or dwelling unit. A qualified nontransient lessee shall be defined as a lessee who actually resides at the dwelling or dwelling unit for a period of at least 30 days.
(3) 
Any dwelling or dwelling unit that is being lawfully used for transient occupancy on the effective date of this prohibition shall have legal nonconforming status, and such status shall terminate by amortization upon the expiration of 120 days after said effective date. The burden of proof shall be on the person claiming legal nonconforming status to prove same by clear and convincing evidence.
(4) 
The owner of a dwelling or dwelling unit used for transient occupancy in violation of this prohibition, and any nontransient lessee, and any transient occupant(s), shall be jointly and severally liable for such violation.
(5) 
In addition to any legal or equitable remedy available to the Village under this chapter or otherwise at law or in equity, if the Building Inspector shall determine upon due investigation and compilation of sufficiently substantial evidence that a dwelling or dwelling unit is being used for transient occupancy in violation of this prohibition, he may immediately suspend any certificate of occupancy applicable to the dwelling or dwelling unit and direct that a civil penalty of $5,000 per day of transient occupancy be imposed upon the owner(s) thereof, payable to the Village of Atlantic Beach. The Building Inspector shall immediately, upon suspension, post the property with conspicuous notice prohibiting occupancy until the suspension is lifted. The prohibition shall be enforceable by the Nassau County Police Department. The Building Inspector shall also immediately notify the owner of the suspension and imposition of any civil penalty by certified mail, return receipt requested, and by regular mail to the owner's last known address. Such suspension shall remain in effect until the time that any outstanding civil penalty is paid. The Building Inspector has the authority to stay or modify any action to be taken by him hereunder for good cause shown. Any suspension or imposition of a civil penalty under this Subsection M(5) shall be supported by findings of fact, and shall be reviewable only in an Article 78 proceeding brought in a court of competent jurisdiction. Such proceeding shall be commenced not more than 30 days after the date that a written record of such determination, suspension or imposition is filed in the office of the Village Clerk and mailed to the owner by certified mail, return receipt requested, and by regular mail to the owner's last known address, or else it shall be time-barred.
(6) 
In the event that any dwelling or dwelling unit is represented in any advertisement generally available to the public in either print or electronic form as being available for occupancy for any period of fewer than 30 consecutive days, a rebuttable presumption shall exist for the purpose of any prosecution under this section or other enforcement action undertaken by the Village that during the period identified in the advertisement (or during the period identified by a person or electronic communication system processing offers pursuant to the advertisement), any actual occupancy of the dwelling or dwelling unit by any person or group of persons is a transient occupancy in violation of this section. Such presumption may be rebutted if, and only if, a responsible party shall provide clear and convincing evidence that the owner or qualified nontransient lessee is or has been residing at the dwelling or dwelling unit at all times covered by the advertisement. In the case of a qualified nontransient lessee, such clear and convincing evidence shall minimally include a written lease authorizing nontransient possession, and/or such other proof as the court or the Building Inspector may determine necessary to rebut the presumption.
(7) 
The provisions of this subsection shall be severable. If any provision(s) shall be judged invalid or unenforceable by a court of competent jurisdiction, then such order or judgment shall affect only such provision(s) and shall not affect or invalidate any remaining provisions of this section.
N. 
In any use district, no permanent structures shall be installed on a roof without a special exemption from the Board of Zoning Appeals, excluding chimneys and photovoltaic panels.
[Added 6-13-2016 by L.L. No. 2-2016]
O. 
Tiered or multilevel parking shall be prohibited in all use districts throughout the Village of Atlantic Beach. This shall be understood to include prohibition of parking structures, and/or structures that support uses elevated above required parking areas.
[Added 3-13-2017 by L.L. No. 1-2017]
[Added 10-15-2007 by L.L. No. 4-2007]
A. 
Legislative intent.
(1) 
By this legislation, it is the intent of the Mayor and Board of Trustees of the Village to utilize the zoning authority to establish a sensible regulatory scheme in regard to the introduction or expansion of religious or educational uses in the Village. The several provisions hereof are designed and intended to strike a fair and appropriate balance between the needs and rights of educational and religious institutions that desire to establish new facilities or expand existing ones in the Village, and the concerns of the surrounding Village inhabitants about the potential adverse effects on the quality of life that these uses may engender.
(2) 
This legislation fully recognizes the settled public policy in the State of New York that systematic exclusion of religious or educational institutions from a zoning district is beyond the power of any municipality, because such uses are always presumed to be in furtherance of the public health, safety and morals. However, it is equally established in New York that this presumption is subject to rebuttal on a case-by-case basis by a substantial showing that a proposed religious or educational use at a particular location would actually have a net negative impact on the surrounding neighborhood. Some specific instances in which religious or educational uses may be found to have negative effects are where they may impose a significant traffic congestion problem that jeopardizes public safety, a substantial adverse effect on surrounding property values, a significant over-taxation of basic municipal services, and/or a cognizable and substantial fire or other emergency risk.
(3) 
This legislation accommodates the competing interests as aforesaid by establishing a reasonably drawn special permit requirement for applications seeking to establish or expand religious or educational uses in the Village, to be implemented by the Board of Appeals.
(4) 
Ultimately, the governing standard to guide the Board's deliberations in passing on the merits of such applications shall be the protection of the public's health, safety, welfare and morals. Where it may be shown that a proposed religious or educational use will sufficiently detract from the public's health, safety, welfare or morals, an application for a special exception to establish or expand the institution may properly be denied by the Board. In less adverse cases, appropriate restrictions may be imposed in the form of conditions to be attached to the grant of a special exception, limiting either the extent of the religious or educational use itself, or the nature and/or extent of its proposed accessory uses, if any. In any event, such conditions shall be reasonably drawn to counteract the deleterious effects on the public's welfare, but not, by their cost, magnitude or volume, operate indirectly to exclude the religious or educational use altogether.
B. 
Definitions. In this section, the following terms shall have the meanings provided:
ACCESSORY USE
A use of a building or premises that, while not religious or educational in nature, is customarily incidental to the primary use of a building or premises as a religious or educational use.
EDUCATIONAL USE
A school, whether or not accredited by the State of New York.
RELIGIOUS USE
A house of worship or other place regularly and primarily devoted to religious practice.
C. 
Prohibition.
(1) 
Upon the effective date of this section and at all times thereafter, no religious use or educational use may be established or expanded in any use district of the Village unless and until a special exception permit has been granted to authorize same, as provided in this section.
(2) 
Upon the effective date of this section and at all times thereafter, no accessory use shall be permitted in any use district of the Village unless it is located on the same parcel as the primary religious or educational use to which it is accessory, or immediately adjacent thereto, and a special exception permit has been granted by the Board of Appeals, expressly finding same to be a bona fide accessory use and authorizing its conduct in conjunction with the on-site primary religious or educational use to which it relates, or such proposed accessory use is not on the same or immediately adjacent premises, but is in any event an independently permitted use in the zoning district in which it is located, such that any proposed accessory use which is not on the same parcel as its primary religious or educational use, or immediately adjacent thereto, and is not an independently permitted use in the zoning district in which it is located, shall be deemed a prohibited use under this chapter, and shall not be permitted except upon the grant of a use variance, regardless of either its status as "customarily incident" to a primary religious or educational use that is located elsewhere, or its affiliation or legal relationship with any such religious or educational use.
D. 
Special exception permit.
(1) 
All applications for a special exception permit under this section shall originate by the filing of a building permit application with the Commissioner of Buildings.
(2) 
If the application is denied for a violation of this section, the applicant may file an application to the Board of Appeals for a special exception permit as provided herein, on a form to be provided by the Board.
(3) 
The special exception procedure shall be subject to the same public notice, hearing and decisional requirements as are applications to the Board of Appeals in the case of area or use variances.
(4) 
The Board of Appeals, in passing on applications for special exception permits hereunder, shall resolve all questions of fact that are put before it, and shall determine whether a grant of the application shall protect and preserve the public's health, safety, welfare and morals. In this regard, it shall specifically consider whether the particular religious use, educational use or accessory use may impose the following negative impacts:
(a) 
A significant traffic congestion problem that jeopardizes public safety;
(b) 
A substantial adverse effect on surrounding property values;
(c) 
A significant over-taxation of basic municipal services;
(d) 
A cognizable and substantial fire or other emergency risk; and/or
(e) 
Any other negative impact, including chronic conditions of substantial noise disturbance or garbage accumulation, which may necessarily occur as a result of the conduct of the proposed use, as may be borne out by substantial evidence in the record before the Board.
(5) 
Decision.
(a) 
If the Board of Appeals finds that the proposed religious, educational or accessory use may be introduced or expanded at the proposed location without any significant negative impacts, it may grant the special exception permit requested.
(b) 
If the Board finds that such proposed use may not be introduced or expanded at the proposed location without causing significant negative impacts, but that such negative impacts may be substantially mitigated by imposition of appropriate conditions that do not, by their cost, magnitude or volume, operate indirectly to exclude the use altogether, then the Board may grant the special exception, subject to such conditions.
(c) 
If the Board finds that such proposed use may not be introduced or expanded at the proposed location without causing significant negative impacts, and that such negative impacts cannot be substantially mitigated by imposition of appropriate conditions that do not, by their cost, magnitude or volume, operate indirectly to exclude the use altogether, and that the degree of negative impact is such that the introduction or expansion of the proposed religious, educational or accessory use at a particular location would actually have a net negative impact on the surrounding residential neighborhood or be substantially dangerous to the surrounding area, then the Board may deny the special exception.
E. 
Fees. The fees for a special exception permit or a renewal thereof shall be set forth, from time to time, by resolution of the Board of Trustees, which shall be due and payable at the time the special exception permit application or renewal application is filed.
F. 
Statutory construction. This section shall be construed such that the regulations hereof shall not relieve an applicant for relief hereunder from full compliance with any and all other applicable law or regulations, except that if there shall be a conflict between this section and any other law or regulation, then the provisions of this section shall control. If any provision of this section is held unconstitutional or otherwise unenforceable by any court of competent jurisdiction to the extent that the Village may become bound thereby not to enforce it, then it is only that specific provision which shall not be enforced, and the balance of the provisions hereof shall thereafter remain in full force and effect.
The following encroachments hereby are permitted:
A. 
In any use district, an exterior accessible route for use by the physically handicapped, which may include parking access aisles, curb ramps, walks, ramps and lifts.
Any and all approvals of permits, site plans, variances and special exceptions issued by any board of the Town of Hempstead prior to the effective date of this chapter shall be enforceable by and before any agency of the Village, except as otherwise provided herein.
A. 
If any such approval authorizes construction, and construction has not been completed by the effective date of this chapter, the approval shall expire, unless construction has been completed and all required certificates of completion and occupancy have been issued by the Building Inspector within two years after such date.
B. 
The Building Inspector may grant further extensions if it is determined that the owner of the property:
(1) 
Has been endeavoring in good faith to obtain any other approvals necessary to undertake and complete the project; and
(2) 
Has not unreasonably delayed same at any time after the approval was granted.
The Board of Trustees shall have concurrent status as the Planning Board of the Village of Atlantic Beach and shall have jurisdiction to act as the Planning Board pursuant to Article 7 of the Village Law of the State of New York.
A. 
No building permit shall be issued for new construction at any property within the MR Marine Recreation District or the CA Residence District unless there shall be submitted to the Board of Trustees a site plan of the premises or such part, prepared by and submitted under the seal of a licensed professional engineer or architect, showing the proposed use, dimension, types and locations of each of the buildings, structures or other improvements proposed to be installed, erected or altered thereon, unless and until said Board of Trustees shall have conducted a public hearing thereon, and by resolution have approved the same after giving due consideration to:
(1) 
The provisions, including grading and paving, made for the draining and disposition of storm- and surface water.
(2) 
The effect of the proposed use upon the movement of the vehicular traffic in the vicinity, including consideration of the provisions for access of such traffic between the premises and public highways.
(3) 
The availability of or provisions made for the treatment, removal or discharge of sewage or other effluent (whether liquid, solid, gaseous or otherwise) and the removal of garbage and other refuse created or generated by or as a result of the proposed use of the premises.
(4) 
Possible overcrowding of land or undue concentration of population resulting from the proposed use of the premises or the nature, size or location of the buildings, structures or improvements proposed to be erected or installed thereon.
(5) 
The proximity of the proposed buildings, structures or improvements to each other and to other premises or buildings on such other premises, depending on whether the uses proposed therein may create or discharge obnoxious gases, odors, smoke, dust, light, vibration or noise.
(6) 
The provisions for fencing the premises from abutting properties and for the landscaping or other treatment of open, unused areas.
(7) 
The provisions for on-premises parking and for loading areas and facilities.
(8) 
The provisions for the lighting of parking areas, roads, walks and other open areas to be used by the public.
(9) 
Approval by the Nassau County Department of Public Works or the New York State Department of Public Works, as the case may be, of drainage provisions affecting curb cuts or other installations in county and state roads.
(10) 
The provisions of adequate facilities for refuse and garbage storage and collection.
(11) 
Such other matters as the Board of Trustees may deem relevant.
B. 
Upon the receipt of such site plan, the Board may, in its discretion, refer such plan to an ad hoc committee which it may appoint for the purpose of making a report and recommendations with respect thereto.
C. 
The Board of Trustees shall hold a public hearing to consider the merits of the site plan. There shall be a public hearing in the manner applicable to amendments to the Zoning Map under Article XIV hereof. There shall be 10 days' written notice mailed to each residence in the Village. After the hearing, the Board of Trustees may, by resolution, grant site plan approval upon such terms and conditions as it may direct, or deny site plan approval.
D. 
Nothing contained in this section shall be deemed to require the submission or approval of a site plan as a condition precedent to the issuance of a permit for the repair or alteration of any building or structure for which a certificate of occupancy or completion is then in effect; provided, however, that such alteration shall make no substantial change in any exterior dimension of such building or structure and shall comply with every lawful condition or limitation theretofore lawfully imposed on the construction, maintenance, occupancy or use of such building or structure, and/or provided that there shall be no change in the use of outdoor portions of the property.
Any building which has been damaged by fire or other causes to the extent of more than 50% of its replacement value, exclusive of foundations, shall be repaired or rebuilt only in conformity with the regulations of this chapter and the Building Code, except that any building containing a legal nonconforming use that is so damaged may be rebuilt for such use, provided that the rebuilding is lawfully completed within two years from the date the damage occurred, and at the same or lesser building area and height as had lawfully existed immediately prior to the damage. The Building Inspector may grant no greater than four extensions of time at three-month intervals if it is determined that the owner has at all times been proceeding with due diligence and the failure to timely complete the project is due to unforeseen conditions beyond the owner's control.
It shall be unlawful and deemed a violation of this chapter for the owner of a parcel of property to subdivide the same, either by sale, devise, gift or otherwise, into smaller plots which would result in the creation of one or more undersized or substandard-sized plots, with relation to the area and street frontage and minimum width requirements of this chapter in effect at the time of such subdivision, and any plot so created shall be deemed to be in violation of this chapter, and said violation shall be deemed to extend and apply to all lots newly created out of the original plot subdivided, whether or not one or more of the newly created plots is technically in conformity with the then-existing chapter.
No lot area shall be reduced so that the dimensions of any of the open spaces shall be smaller than herein prescribed.
Notwithstanding any other provisions of this chapter, buildings, structures and premises necessary for use and occupancy by the Village, the Town of Hempstead or the County of Nassau for public or municipal purposes are hereby permitted in any use district. The Board of Zoning Appeals may grant a qualified immunity from zoning regulations for use of property for fire district purposes, provided that it shall first balance the needs of the fire district in seeking such proposed use against the negative effect, if any, it may impose on the use, value, and enjoyment of surrounding properties.
Telecommunications towers and antennas and public utility structures are permitted in a Business District only, if approved as a special exception by the Board of Zoning Appeals. The height, area and setback provisions of this chapter shall be inapplicable to such structures if and when approved, except that, as a condition to the granting of the approval, the Board of Zoning Appeals may impose reasonable restrictions in order to promote the health, safety, morals or the general welfare of the community.
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained at a height greater than 2 1/2 feet at any point within a radius of 20 feet of the point formed by any intersecting property lines adjacent to roads or highways, and provided further that such height shall be measured from the existing elevation of the center line of such road or highway opposite such wall, fence, other structure, hedge, tree or shrub.
[Amended 8-10-2020 by L.L. No. 2-2021]
A. 
A and CA Districts.
(1) 
A fence not exceeding six feet in height shall be permitted on the rear lot line and those linear portions of the side lines enclosing a rear yard and side yard; provided, however, that the six-foot fencing and its relationship to the street fronting upon the premises shall not exceed a greater distance frontward to the street than the average front building line of adjacent dwellings on either side. For purposes of interpretation, a front building line shall refer only to the principal structure and shall not include patios, porches or other extensions thereto. Fencing for all other lot lines shall not exceed five feet in height. Any fence which has a finished side and an unfinished side shall be installed with the finished side facing the abutting property. In every case, the finished or "good" side of the fence shall face outward facing a legal street.
(2) 
The height of every fence along the front lot line shall be measured from the elevation of the sidewalk, curb or center line of the street. The height of every other fence shall be measured from the average height of the adjoining ground on either side.
(3) 
No fence shall have barbed wire or any razor-like wire.
(4) 
When a fence is erected upon a man-made berm or retaining wall, the height shall be measured from the base of the man-made berm or wall.
(5) 
Fencing shall be permitted to extend to the front sidewalk except for the Village Bay ends, Park Street and Beech Street.
(6) 
Where no sidewalk exists, the distance shall be measured from an existing sidewalk on the same side of the street; if no sidewalk exists on the same side of the street, then the distance from the curbline to the sidewalk shall be the same as the opposite side of the street.
B. 
MR Marine Recreational Districts.
(1) 
In an MR Marine Recreational District, all fencing is permitted to be six feet in height in the rear and side lot lines, providing that the six-foot fence does not go beyond front wall of the building. Fencing for all other lot lines shall not exceed four feet in height, and 50% of spacing of fence must be open style.
(2) 
Nothing herein shall prohibit fences at the northerly line of the boardwalk along the Atlantic Ocean to the height of the boardwalk.
C. 
Corner lots. On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge tree, shrub or other growth shall be maintained at a height greater than 2 1/2 feet at any point within a radius of 20 feet of the point formed by any intersecting roads or highways; provided, further, that such height shall be measured from the existing elevation of the center line of such highway opposite such wall, fence, other structure, hedge, tree or shrub.
D. 
Swimming pools. Every swimming pool shall comply with§ 250-84A(2) and (2.1).
E. 
Obstructions in the public walkway. No gate, when in the open position, shall obstruct a public walkway.
F. 
Vacant lands near beaches.
(1) 
Every owner, lessee, tenant or person in charge of any vacant land or vacant lot abutting the beach alongside of the Atlantic Ocean, in the Village of Atlantic Beach, is required to erect, construct, build and maintain a fence to prevent persons or animals from entering upon the beach alongside of the Atlantic Ocean, or from entering upon any land or lot abutting the beach alongside of the Atlantic Ocean, in the Village of Atlantic Beach.
(2) 
In the event of the failure of any owner, lessee, tenant or occupant or person in charge of such vacant land or vacant lot to erect, construct, build or maintain a fence as herein above required, after receiving written notice by certified mail from the Board of Trustees of the Village of Atlantic Beach for a period of 10 days, the Board of Trustees of the Village of Atlantic Beach is empowered to authorize its agents, servants or employees to enter upon such vacant land or vacant lot to erect, construct, build or maintain such fence, and the total cost thereof may be assessed upon the real property of such vacant land or vacant lot and shall constitute a lien and charge on the real property of such land or lot on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Receiver of Taxes in the manner provided by law for the collection of delinquent taxes; if the owners of such lands or lots is a nonresident, the notice mailed to such owner by certified mail, addressed to his last known residence as appears on the Village Assessment Book, shall be sufficient service thereof.
G. 
Permit required. Every fence to be installed shall require a permit. Said permit shall be issued by the Board of Trustees. The Board may, however, empower the Building Inspector, or such other officer as the Board may designate, to issue building permits in its name and on its behalf.
H. 
Where a commercial or nonconforming property is adjacent to a residential property, the Board of Trustees may issue a fence permit in variance of the above sections, where it will not affect the health, welfare or safety of the residents or property owners of the Village of Atlantic Beach.
I. 
Penalties for offenses. Any person, agent, servant, employee or corporation who shall violate any provisions of this article or fail to comply therewith, or who shall build, alter or use any fence in violation hereof, shall be guilty and punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation. The owner or owners or lessee of any premises or part thereof, builder, contractor or architects, who have assisted in the commission of any such violation, shall each be guilty of a separate offense and upon conviction shall be fined as herein provided.
The required off-street automobile parking space on premises in the B Business or MR Marine Recreation Districts, directly abutting on premises zoned for residential use, shall as far as practicable be installed and maintained on that portion of such premises contiguous to such residentially zoned premises.
When lands are not shown as zoned on the Zoning Map, they shall be considered to lie within the C Residence District.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals or the general welfare of the Village. It is not intended by this chapter to interfere with, supersede or annul any applicable local laws or regulations adopted independently of the zoning authority of the Village, and in the case of conflicts, such other local laws or regulations shall be deemed controlling; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the dimension of buildings or structures, or requires larger open spaces than are imposed or required by such local law or regulation, the provisions of this chapter shall control.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent or enjoin such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine not exceeding $350 or by imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $350 nor more than $700 or by imprisonment for a period not to exceed six months, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $700 nor more than $1,000 or by imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article or of such chapter or regulation shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. Upon a second conviction of any violation of any of the provisions of this chapter regulating the use of private trailers and housecars, the permit shall thereupon be rescinded by the Building Inspector.
A. 
No person shall maintain any of the following uses in any district unless such person shall provide automobile parking spaces on such premises, in the amounts or proportions as follows, unless otherwise specified:
[Amended 8-8-2005 by L.L. No. 1-2005]
(1) 
Dwellings in a CA District: two parking spaces per dwelling.
(2) 
Beach or cabana club: two parking spaces for each cabana, bath cabin or locker having a floor area of more than 30 square feet, and two parking spaces for each three cabanas, bath cabins or lockers each having a floor area of 30 square feet or less.
(3) 
Places of public assembly, including but not limited to churches, temples and religious auditoriums: one parking space for each four authorized occupants or for each 200 square feet of floor area, whichever is the greater.
(4) 
Retail stores and services: one parking space for each 200 square feet of floor area.
(5) 
Furniture and appliance stores: one parking space for each 600 square feet of floor area.
(6) 
Shopping centers: All shopping centers or facilities containing five or more retail stores and providing 20 or more accessory parking spaces shall provide a minimum of 5% of said parking spaces or 10 spaces, whichever is less, for the handicapped. The parking spaces designated pursuant to the provisions of this subsection shall be clearly identified for use by either handicapped drivers or other handicapped persons, which designation shall include permanently installed above-grade signs which display the international symbol of access and may include the use of blue painted lines or markings.
(7) 
Office buildings: one parking space for each 200 square feet of total floor area or for each three employees, whichever is greater.
(8) 
Restaurants, whether operated individually or as accessory to some other use: one parking space for each three seats or each 100 square feet of total floor area, whichever is the greater, plus one parking space for each four employees.
(9) 
Schools: one parking space for each 25 pupils, and one parking space for each two staff members.
(10) 
Marinas: one parking space for each boat slip.
(11) 
All commercial uses not otherwise provided for: one parking area for each four employees or each 500 square feet of total floor space, whichever is the greater.
(12) 
Dwellings in an A District: two parking spaces per dwelling.[1]
[1]
Editor's Note: Former Subsection A(13), providing the number of spaces required for dwellings in a C District, which immediately followed, was repealed 8-10-2020 by L.L. No. 2-2021.
B. 
The provisions of this section shall apply only to uses commenced after June 25, 1957, and to uses prior to that date on premises which have area sufficient to comply herewith. With respect to uses commenced prior to June 25, 1957, that do not have area sufficient to comply with this section, any area of the premises that is not building area, as defined in this chapter, shall be used for off-street automobile parking spaces in compliance with this section to whatever extent such automobile parking spaces are available on such premises or on nonmunicipal areas within 300 feet of such premises. However, no space for the parking of automobiles shall be installed or maintained on any plot in the minimum area required for front setback requirements of such property.
C. 
The Board of Zoning Appeals may vary the application of this section in any case in which it shall find that compliance herewith is not necessary to prevent traffic congestion or undue on-street parking and, in granting such variance, may impose such conditions as it shall find to be in the public interest.
D. 
Building permit applications.
(1) 
Every applicant for a building permit on premises affected by this section shall file with his plans a plot plat showing the portion of said premises which he proposes to use for off-street automobile parking, and such permit shall be denied unless the plot plan shall provide for off-street parking in compliance herewith. All parking areas shall have sufficient self-contained drainage, asphalt paving and adequate levels of lighting.
(2) 
Each parking space shall be a minimum of nine feet in width and 18 feet in depth. Employee parking spaces, which are intended for long-term use with low turnover, need be only 8 1/2 feet in width. Employee parking spaces shall not exceed 15% of the total required or provided parking, whichever is less, for retail or service business or other similar types of uses designed to attract the general public. All parking spaces shall be separated by double painted lines in accordance with specifications as approved by the Building Inspector and as illustrated on Figure 1: Typical Parking Space Details.[2]
(3) 
All parking spaces shall be designated at a ninety-degree angle with a twenty-four-foot-wide two-way maneuvering aisle, unless a different angle is permitted by the approving authority based upon the unique size and/or shape of the parking facility. In those circumstances where the approving authority does permit parking at an angle other than 90°, circulation in each maneuvering aisle shall be limited to one-way only. The following is a table of minimum parking space and maneuvering aisle dimensions.[3]
[3]
Editor's Note: See Figures 1, 2 and 3 at the end of this chapter.
(4) 
On all sites of one acre or larger, raised landscaped islands shall be provided for the purpose of preventing the diagonal movement of vehicles, alleviating the visual impact of large expanses of paved areas and otherwise improving traffic and pedestrian safety. Such landscaped islands shall be located at the ends of each parking bay containing 10 or more spaces, and separating opposing rows of parking spaces at least every third parking bay. The minimum width of landscaped islands shall be five feet where located at the ends of parking bays and eight feet where separating opposing rows of parking spaces or adjacent to circulation aisles. In addition, the approving authority may permit nonlandscaped islands, if appropriate for such purposes as pedestrian circulation, in which case such islands shall not be less than four feet in usable width. Where curbs are kept to a maximum height of six inches, 1 1/2 feet of the parking space shall be allowed to overhang an island. Such bumper overhang area shall be considered a part of the parking space and shall not be counted toward meeting minimum yard setbacks or buffer area requirements. Figure 2: Sample Parking Layout, and Figure 3: Sample Parking Layout - Angled Parking, graphically illustrate the above requirements.[4]
[4]
Editor's Note: Figures 2 and 3 are included at the end of this chapter.
(5) 
The landscaping of off-street parking areas shall include at least one shade tree of not less than three inches' caliper for each 10 parking spaces. This is in addition to ground cover, shrubs and hedges which are to be provided in appropriate locations where they will not interfere with safe sight distance for pedestrian or vehicular circulation. All landscaping as shown on the approved site plan shall be maintained in a vigorous growing condition throughout the duration of the use being served. Any plants not so maintained shall be replaced with healthy new plants of comparable size and type at the beginning of the next immediately following growing seasons.
E. 
The Building Inspector may, on finding that the owner or occupant of premises affected by this section is not maintaining parking facilities as provided herein, forthwith revoke any certificate of occupancy issued for any structure on such premises.
F. 
No space for the parking of automobiles shall be installed or maintained on any plot in the minimum area required for the front yard of such plot, except when a special exception from this prohibition is granted by the Board of Zoning Appeals.
Anything in this chapter to the contrary notwithstanding, in any residence district, if approved by the Board of Zoning Appeals as a special exception, premises may be used by a physician or a dentist for the conduct of his or her practice, irrespective of whether said physician or dentist resides or has resided at said premises. Such special exception shall be granted only to single practitioners, and in the event that a special exception shall be authorized by the Board of Zoning Appeals pursuant to this section, said special exception shall be limited to an individual practitioner and shall specify that, in the event that more than one practitioner utilizes the special exception, it shall become null and void.
A. 
In any use district, no sign, awning or other encroachment, nor any portion of such sign, awning or other encroachment, shall project out, over or into a sidewalk, street or mall unless the lowest portion of such encroachment is at least 10 feet in height above such sidewalk, street or mall, except as otherwise modified by the remainder of this section.
B. 
Moldings, belt courses, lintels, sills, architraves, pediments and similar projections of a decorative character may project beyond the street line not more than 10 inches.
C. 
Drop awnings, attached to buildings, may extend beyond the street line but not nearer than two feet to the curbline, provided that, when let down to their full extent, they are not less than 10 feet above the sidewalk at all points, and provided further that no lettering or other display shall be placed thereon other than the name of the individual firm or corporation transacting business in the building and the house number. No fixed awnings shall extend beyond the street line. These provisions shall not prohibit the use for periods not to exceed 48 hours of temporary canopies across sidewalks so arranged that a free passage at least six feet in width is afforded along the sidewalk.
D. 
Subject to the approval of the Building Inspector, fire escapes and balconies to fire towers or other required exits, constructed of steel or other incombustible material, when required only, may project beyond the street line not more than four feet, but no part of such fire escapes or balconies shall be less than 10 feet above the sidewalk, provided that nothing in this section shall prevent the use of movable stairs to the sidewalk, so arranged that they are more than 10 feet above the sidewalk when not in actual use.
E. 
Nothing in this section shall be deemed to authorize any projection beyond the street line that is prohibited by this chapter or any other law or ordinance.
F. 
Any permission, expressed or implied, under the provisions of this section to construct a building or any appurtenances that project beyond the street line is revocable by the Building Inspector at will.
G. 
No change or enlargement shall be made to an existing part of a building now projecting beyond the street line except in conformity with the provisions of this chapter for new construction.
H. 
Such parts of buildings which already project beyond the street line may be maintained as constructed until their removal is directed by the Building Inspector.
In any use district, no premises may be used or occupied and no structure erected or maintained to harbor or keep more than three adult dogs at any one time, except upon the grant of a special exception by the Board of Zoning Appeals.
[Amended 10-10-2006 by L.L. No. 2-2006]
For any property in the A or C Residence District which shall hereafter be improved with a new residence and is of a lot area indicated in the table below, the maximum lot coverage, maximum percentage of the lot occupied by lot coverage, minimum side yard setbacks and minimum aggregate side yard setback required for such new residence shall be as indicated in the following table.[1]
[1]
Editor's Note: See the Schedule of Lot Coverage for Oversized Lots, which is included as an attachment to this chapter.
[Added 6-13-2016 by L.L. No. 2-2016]
No provisions of this chapter shall prevent the use by the Village of any land in any zone for the erection of a building, or the use by the Village of any building in the discharge of its municipal functions, or the proper care of municipal property, and in that connection no building permit or certificate of occupancy shall be required.