§ 15-41. General considerations.

(a)

City council should not abandon any oceanfront alley right-of-way east of Ocean Boulevard within the alleyway district at the request of one or more adjoining property owners unless at the same time it receives for the benefit of the public, oceanfront land within the alleyway district of at least comparable area and beach frontage which will maintain or improve public access to the beach.

(b)

City council should not abandon any alley right-of-way at the request of one or more property owners if, in council's judgment, such abandonment will have a direct negative impact on another property owner in the district.

(c)

City council should not abandon multiple alley rights-of-way if such abandonment would have the effect of combining more than four of the lots existing on the effective date of this ordinance. The purpose of this provision is to prevent long expanses (in excess of 300 feet) between public beach access points. In any event, no structure or the aggregate of structures constructed on the combined property shall be more than 240 feet in width as measured essentially parallel to the right-of-way of Ocean Boulevard.

(d)

City council should not abandon a non-oceanfront alley at the request of one or more adjoining property owners unless it receives from those property owners, for the benefit of the public, land of equal or greater value on either the second or third row. Land values shall be determined by a properly certified appraiser selected by the city manager and the cost of appraisal shall be paid by the party or parties requesting the abandonment.

(e)

Whenever possible, land received by the city as a result of alley abandonment pursuant to this policy should be adjacent to existing public rights-of-way or other public property. A strong preference should be given to expanding the width of existing streetends in order to create significant large beach access points.

(f)

Those property owners who acquire the alleyway property when abandoned by the city, to justify the abandonment shall, in addition to providing comparable land to the city for the benefit of the public, be required to pay per alleyway, one percent of the construction cost of the development project presented to city council or $40,000.00, whichever is greater.

(g)

If the closing and abandoning of an alley east of Ocean Boulevard results in the combination of two or more lots, the owner of the combined lot shall, in addition to the requirements in subsections (a) and (f), above, be required to convey to the city a ten-foot-wide easement for public pedestrian access across all sideyard building setbacks of the combined lot which are not immediately adjacent to a public right-of-way or other public pedestrian accessway.

(h)

Whenever an alley is abandoned, if the property immediately across a right-of-way generally northwest of the property from the abandoned alley is not owned by the owner of the newly combined lot which results from the abandonment, the uses to be made of the alley shall be limited so that it will continue to offer the same view to the ocean and a 90 degree vertical view of the sky measured from the ground to the sky as existed for property on the date of abandonment. In this situation, uses of the abandoned alley shall be limited as follows, which limitations shall be evidenced in a deed restriction executed and filed by the owner of the combined lot:

(1)

No structures may be erected in the space of the abandoned alley or within five feet of either side of the abandoned alley.

(2)

No vehicular use shall be allowed within the abandoned alley or within five feet either side of the abandoned alley.

(3)

An easement shall be granted for public pedestrian beach access within the width of the abandoned alley and the five-foot building setbacks on either side of the alley. Improvements within the easement, as approved by city council, shall be made by the property owners at their own expense.

(4)

Land within the abandoned alley may be used to calculate the buildable area of the combined lots and to meet landscaping requirements of the city's zoning ordinance.

The limitations contained in this subsection (h) shall not be applicable if the property directly across Ocean Boulevard from the abandoned alley is a parking garage three or more stories high.

(Ord. No. 94-36, 7-26-94; Ord. No. 2000-0328-13, 3-28-00)