(a) All sidewalk construction on public rights-of-way must be permitted by the town, unless otherwise exempted.
(1) All new sidewalk construction shall satisfy sub-section (c)(1) hereof. All construction of replacement sidewalks shall satisfy sub-section (c)(2) hereof. Except as otherwise specified by this code, sidewalk construction shall comply with construction standards as promulgated by the Florida Department of Transportation.
(2) Minor repairs to a sidewalk shall be exempt from permitting. A
MINOR REPAIR shall consist of repair to a single slab of sidewalk no larger than three feet in length. All other repair work shall be classified as sidewalk replacement.
(b) Sidewalk construction permits.
(1) New construction of sidewalks approved as a part of site plan approval by the Town Commission, shall be issued a sidewalk construction permit by the Town Manager and require no further review.
(2) New construction of sidewalks not completed as a part of a site plan approval by the Town Commission and construction of replacement sidewalks shall be subject to permitting pursuant to sub-section (c). Permits shall be considered and issued by the Town Manager.
(3) Sidewalk construction permits may be subject to a permit application and review fee as may be set from time to time by resolution of the Town Commission.
(c) Permits are issued upon satisfaction of the following standards:
(1) All new sidewalks, installed on any public right-of-way in the town, shall be a minimum of four feet wide with the exception of the Ocean Avenue right-of-way in which case the sidewalk shall be a minimum of six feet wide;
(2) Sidewalk replacement on any public right-of-way shall require approval. All sidewalk replacement shall meet the standards set forth in sub-paragraph (c)(1), unless a waiver is granted by the Town Commission. Waivers shall be granted by the Town Commission when it determines that the waiver would be in the public interest, would promote the public health, safety, welfare, economic order, and aesthetics, and that this section creates a practical difficulty to the general public or the applicant. Economic hardship and self-created difficulties shall not constitute a practical difficulty; and
(3) New sidewalk construction or construction of replacement sidewalks shall promote the public health, safety, welfare, economic order, and aesthetics.
(d) Appeal of Town Manager's decision.
(1) Any person aggrieved by a decision of the Town Manager regarding issuance of a sidewalk construction permit may appeal to the Town Commission from the final action of the Town Manager within 30 days following the action of the Town Manager, by filing a written notice of appeal with the Town Clerk and a copy thereof with the Town Manager. A
PERSON AGGRIEVED is an individual who is affected in a manner differently than the community as a whole, or greater in degree than the community as a whole, by the decision of the Town Manager. Immediately upon receiving a notice of appeal, the Town Manager shall compile all documents and evidence submitted when the Town Manager considered the application for a sidewalk construction permit. Copies of said documents and evidence, together with a copy of Town Manager's final decision and the applicant's application, shall be forwarded to the Town Commission for consideration as part of the appeal.
(2) The appeal shall be de novo in nature, and any individual may appear, be heard and submit evidence. Notwithstanding the de novo nature of the appeal, the Town Commission shall carefully review the decision of the Town Manager. Great weight shall be given to the decision of the Town Manager. Hearings on appeal before the Town Commission shall be quasi-judicial proceedings.
(Ord. 95-05, passed 2-21-96)