(A) Purpose and intent. The purpose of this zone is to provide parking spaces for the residents, lessees and the visiting public and also to provide, as the individual siting may allow, small areas for landscaping improvements and beautification. These are the only uses permitted for this zoning district.
(B) Regulations and permits for on-street parking. There shall be no parking or standing of motor vehicles at any time on any street, road or right-of-way in the town, however named, except by permit. Parking permits shall be available from the Town Manager or designee in accordance with the following regulations, also depicted on the Town of Briny Breezes On-Street Parking Map as adopted by resolution of the Town Council:
(1) On Briny Breezes Boulevard, no on-street parking is permitted. However, parking along the north side of Briny Boulevard on the grassy swale and paver covered area parallel to the north side of the roadway, between the north edge of the pavement and the adjacent sidewalk, from North Ocean Boulevard (A-1-A) on the west, to Old Ocean Boulevard on the east, shall be allowed for the owners and guests of the adjoining and abutting mobile home units. Each vehicle so parked must display the applicable valid and current town issued permit at all times.
(2) On Old Ocean Boulevard, on-street parking is permitted only as follows: upon notification that an event is scheduled at the beach clubhouse that requires special parking privileges, the Town Manager or designee is authorized to temporarily identify on-street parking spaces on the east side of the boulevard only, as a zone where parking is allowed by special event permit only. The Town Manager or designee may for good cause issue special event parking permits in numbers equal to the number of parking spaces needed for the event and available on the boulevard and may condition such permits as necessary to insure the maximum public use of the street. Such permits shall be revocable at any time by the Town Manager or designee. No person shall park a vehicle in a marked special event parking zone or on-street parking space without first obtaining a special event parking permit from the Town Manager or designee, and prominently displaying such permit in the windshield of the vehicle. Whenever any special event on-street parking permit is granted, no person shall use such permit for any location or time other than as designated on the permit. All such permits shall designate the specific location, date and time for which the permit is valid. All special event parking permits shall remain the property of the town and shall be surrendered upon demand to the Town Manager or designee.
(3) On Cordova Avenue, on-street parking is permissible in marked spaces along the south side of Cordova Avenue for the owners and guests of the adjoining and abutting mobile home units. In addition, on-street parking is permissible in marked spaces along the north side of Cordova Avenue for residents and guests throughout the town. Finally, on-street parking is permissible in the area known as the "Bull Pen" along the north side of Cordova Avenue for RV parking. Each vehicle and RV so parked must display the applicable valid and current town-issued permit at all times.
(4) On Ruthmary Avenue, South Ibis Drive, North Ibis Drive, South Heron Drive and North Heron Drive, on-street parking is permissible for the owners and guests of the mobile home units located adjacent to their respective drive or avenue. Where marked spaces are provided (e.g. the north side of Ruthmary Avenue), on-street parking is permissible in such spaces. Where marked spaces are not provided (e.g. the south side of Ruthmary Avenue, and all of South Ibis Drive, North Ibis Drive, South Heron Drive and North Heron Drive) on-street parking is permissible parallel to the through lane(s). Each vehicle so parked must display the applicable valid and current town-issued permit at all times.
(5) On Juniper Drive, Hibiscus Drive, Cedar Drive, Bamboo Drive, Mallard Drive, Flamingo Drive, Lark Drive, Java Drive, Palm Drive, Bay Drive, Eagle Drive, Cardinal Drive, Marine Way, Banyan Boulevard (except adjacent to the marina canal dead end), North Ocean Boulevard, West Cordova Avenue, no on-street parking is permitted at any time.
(6) On Dock Drive and Bay Drive, as well as the fish cleaning station, on-street parking is permissible for marina tenants and guests. Where marked spaces are provided, on-street parking is permissible in such spaces. Where marked spaces are not provided, on-street parking is permissible parallel to the through lane(s). Each vehicle so parked must display the applicable valid and current town-issued permit at all times.
(7) On Banyan Boulevard adjacent to the marina canal dead end, and the south side of Marina Drive, and designated spaces on the north side of Cordova Drive, on-street parking is permissible in designated spaces by special lease from the corporation only. Each vehicle so parked must display the applicable valid and current permit at all times.
(C) Regulations and permits for off-street parking. Parking or standing of motor vehicles in any driveway, or other designated off-street parking space in the town, including the open area between Marina Drive and West Bamboo Drive which is for special purposes and events designated by the corporation, and also including the areas north of Flamingo Drive on the east side of Banyan Boulevard under the ficus trees, shall generally be regulated by Briny Breezes, Inc. Each vehicle so parked must display the applicable valid and current permit at all times. However, the following regulations shall also apply and shall be enforced in the same manner as on-street parking regulations:
(1) Off-street parking may not block adjacent sidewalks or vehicle travel lanes.
(2) Commercial uses shall comply with the following off-street parking requirements:
(a) For parking for office buildings, there shall be a minimum of one off-street parking space for each 200 square feet of gross floor area, excluding stairways and hallways.
(b) For parking for other commercial developments, there shall be a minimum of five off-street parking spaces for each 1,000 square feet of gross leasable area.
(c) A plan for the parking facilities shall accompany each application for a building permit or certificate of occupancy for office building and other commercial developments. The completion of the improvements for parking according to such a plan shall be requisite for issuing of the permit or certificate of occupancy.
(3) RVs may be parked temporarily (up to a maximum of 24 hours and excluding Sundays and town recognized holidays) between Quonset I and II, and Quonset II and III, for the sole purpose of loading and unloading. Each vehicle so parked must display the applicable valid and current permit at all times.
(4) Off-street parking is permissible north of Flamingo Drive on the east side of Banyan Boulevard under the ficus trees. No person shall park a vehicle in the area without first obtaining a parking permit from the Town Manager or designee, and prominently displaying such permit in the windshield of the vehicle at all times.
(5) Off-street parking for commercial, government and corporation offices on North Ocean Boulevard does not require a permit; parking shall be in the associated marked spaces.
(6) Residents may coordinate with Briny Breezes, Inc. to utilize posts (one on each side of the driveway/parking area entrance, not to exceed four feet in height) with connecting chain to close the off-street driveway/parking area adjacent to their residence when not in use. The foregoing shall be subject to requirements of Briny Breezes Inc., if any, including but not limited to the resident assuming all cost and expense. The town shall have no obligation or responsibility in this regard.
(D) Signs and enforcement. The town shall cause signs to be posted throughout the town, sufficient in the opinion of the Town Marshal, or other designated town official with traffic enforcement responsibilities, to place all motorists on notice of these on and off-street parking regulations. The town shall cause these on and off-street parking regulations to be enforced via parking citations, so long as the corporation maintains with the town a current agreement for municipal traffic control jurisdiction over the private streets and road rights-of-way in the Town of Briny Breezes.
(1) It shall be unlawful for any person to reproduce, sell, give, barter, rent, or lease, or cause to be sold, given, bartered, rented, or leased, for any value or consideration, any parking permit. Upon the conviction of a violation of this section, all permits issued to, or for the benefit of, the residence for which the sold, given, bartered, rented or leased permit was authorized, shall be void.
(2) It shall be unlawful for any person to buy, receive as a gift, barter, rent or otherwise acquire, whether for value or not, any parking permit, except as provided for in this section.
(3) Penalties for parking violations. Any motor vehicle found in violation of the parking restrictions imposed by this section shall be cited by a traffic citation appropriate to the circumstances thereof issued by the Police Department or the County Sheriffs Office, and, upon conviction, the owner thereof shall be subject to the penalties provided in § 153.999.
(4) Penalties for other violations. Any person violating the other substantive provisions of this section shall, upon conviction, be subject to the penalties provided by § 10.99.
(E) Issuance of parking permits.
(1) Applications. The Town Manager or designee, which may include a designated third-party approved by Town Council resolution, shall issue parking permits to effectuate the parking regulations of this section. Applications shall be submitted to the Town Manager or designee upon a form approved by the town and provided by the town or designee for such purpose.
(2) Agreement for designated third-party. The Town Council shall have the authority to enter into a written agreement with a third-party designee to process applications and issue permits to effectuate the parking regulations of this section. The written agreement with the third-party service provider shall be approved by Town Council resolution.
(3) Third-parties. Permits properly issued by third-parties authorized to act for the town by express written agreement with the town shall be considered, for all intents and purposes, the same as if the town had issued the permit to the applicant itself.
(4) Households without motor vehicles. Residents that do not possess motor vehicles but who must depend upon regular assistance from visiting relatives and friends who require parking accommodations upon their arrival, are also eligible for on-street parking permits. Such applicants shall furnish the names and addresses of their primary assisting visitors and identify the motor vehicles which they regularly use. Their parking permit shall be temporarily displayed on the vehicle of their visitor at all times that vehicle is parked in the town.
(5) Number of permits per dwelling unit. Not more than one permit for on-street parking shall be issued for each qualified dwelling unit to any qualified applicant except as hereinafter provided. Applicants requesting more than one permit for any dwelling unit may be granted one additional permit by the Town Manager or designee, upon a showing that any unassigned parking spaces remain after all other qualified applicants have been accommodated; that there is more than one motor vehicle registered at that applicant’s dwelling unit; and, that there is still insufficient parking available to that applicant.
(6) Permit fees. A fee is hereby imposed for each parking permit issued pursuant to this section, which fee shall be set by resolution of the Town Council and shall be paid by the applicant to the Town Manager or designee at the time of application.
(7) Permit denial or revocation. No parking permit shall be issued to any applicant having an outstanding parking violation or who has any unpaid traffic fines assessed against them. Furthermore, a permit issued pursuant to this section may be revoked by the Town Manager or designee in accordance with procedures set by resolution of the Town Council. Such procedures shall at a minimum provide for proper notice and due process.
(8) Duration of permits. Parking permits issued pursuant to this section shall remain effective for a period of one calendar year, or fraction thereof.
(9) Conditions of permits. Each parking permit issued pursuant hereto shall be subject to all the conditions and restrictions set forth in this section and those of the parking areas or spaces for which it is issued, including conditions or restrictions which may be altered or amended from time to time. The issuance of such permit shall not be construed to be a permit for, or approval of, the violation of any provisions of this code or any other law or regulation.
(F) Official parking map. The official parking map for the Town of Briny Breezes, as appended to the town's Code of Ordinances, as may be amended from time to time in conformance with this section, and as kept on file in the office of the Town Manager, is hereby adopted and incorporated into this code.
(Ord. 1-90, passed 1-31-1991; Ord. 1-99, passed 5-27-1999; Ord. 2-08, passed 9-25-2008; Ord. 1-2010, passed 5-27-2010; Ord. 1-2014, passed 9-25-2014; Ord. 02-2020, passed 5-28-2020) Penalty, see § 153.999