(A) The R-2 Residential District is established as a district in which the principal use of land is for multi-family dwellings.
(1) A dwelling is a residence where people live for domestic purposes. Domestic use is defined as devoted to home duties and activities, nothing in this section shall preclude one-, two- and multi-family homes from being used as a vacation rental home consisting of a minimum of two overnight stays.
(2) Transient occupancy not consisting of at least two overnight stays shall be considered to be inconsistent with domestic residential usage and is not allowed. This would include persistent usage for group gatherings for the purpose of short-term social or recreational activities. This would include use as a clubhouse, lodge, public or private clubs, cabana clubs and property owner association facilities except when contiguous, owned by and within the borders of an on-island residential subdivision.
(B) Permitted uses are set forth in the Table of Permitted Uses, § 157.054.
(C)
The following uses are special
uses and may be permitted subject to a finding by the Board of Adjustment that the additional conditions listed herein and any conditions that are set out in § 157.055(B)(2)(b) are met. Home professional office and home occupations, provided the use is conducted entirely within a dwelling and carried on by the occupants, the use is clearly incidental and secondary to the use of the dwelling for living purposes and the use does not change the character thereof. Furthermore, there is no display, no stock-in-trade nor commodity sold upon the premises and employment is in connection with the home occupation. Such occupation shall be carried on solely within the main dwelling and shall not occupy more than 25% of the floor area of the dwelling. Beauty parlors and barber shops shall not be construed as home occupations and are excluded from the definition of HOME OCCUPATION.
(D) Dimensional requirements for R-2.
(1) Lot area. Minimum required:
(a) For a one-family dwelling, 5,000 square feet.
(b) For a two-family dwelling, 7,500 square feet.
(c) For a multi-family dwelling, 7,500 square feet for first two-family dwelling units, plus 2,000 square feet for each additional family dwelling unit.
(2) Lot width. Minimum required: 50 feet.
(3) Front yard. Minimum required: 25 feet.
(4) Side yard. Minimum required: (one and two stories) five feet, including overhangs, steps and decks.
(5) Rear yard. Minimum required: 20 feet.
(6) Lot coverage.
(a) Lot coverage of main structure shall not exceed 30% of the platted lot. All impervious structures outside of main structure shall not exceed 30% of buildable land less area of the main structure. All Health Department and CAMA requirements must also be met. Open decks are not considered in the 30% lot coverage of the main structure, but they must meet all setback requirements. Gravel, sand and grassed areas are considered pervious. An approved pervious product shall be allowed to cover 30% of the platted lot in addition to the allowable impervious area. (See definition of APPROVED PERVIOUS PRODUCT.)
(b) Driveways, parking lots, parking spaces, parking areas, patios and other similar areas and surfaces located in the front yard setback, rear yard setback and side yard setbacks adjacent to a street right-of-way shall be gravel, grass or of an approved pervious product.
(c) Pools are prohibited within the front yard setbacks.
(8) Corner visibility. On a corner lot, nothing shall be erected, platted, or allowed to grow in such a manner as to impede vision over a height of three feet above the centerline grades of the intersecting streets within the triangular area bounded on two sides by the two street centerlines and on the third side by a straight line connecting points on the street centerlines located one-half the street right-of-way width plus 40 feet measured from the intersection of the centerlines.
(9) Location of accessory buildings. Accessory buildings shall not be located less than five feet from property line.
(10) Minimum floor space per dwelling unit. 750 square feet.
(11) Building height. No building shall exceed a maximum height of 31 feet measured from design flood elevation to the highest point of the structure.
(12) Open uncovered stairs, not including any deck or landing at porch level, may project up to ten feet into the required front or rear yards but not both.
(13) The minimum area of heated living space in each structure shall be 784 square feet.
(14) A heating and air stand may project into the front or rear yards setback, but not both. The stand shall be no larger than is needed to accommodate and service the equipment and subject to the Building Inspector’s approval.
(E) Erosion threatened ocean front lots.
(1) In the event that it becomes necessary to relocate a structure that has become threatened by erosion, per below, a Special Use Permit may be authorized to establish the front yard building setback at a distance no less than ten feet from the property line. However if the structure to be relocated can meet CAMA ocean side setback rules (per CAMA guidelines for new construction) and remain within the 25 foot street side setback then no further relief can be given. Each case will be reviewed on its own merits. The conditions specified by the Town Planning and Zoning Board in the granting of this Special Use Permit shall be recorded at the County Register of Deeds Office prior to the execution of this permit.
(2) The following criteria applies:
(a) The erosion escarpment must have advanced to a point within 20 feet of the foundation of the roofed area of the structure.
(b) No portion of the structure shall be permitted to encroach into the setback allowed by this section. Exceptions are — steps and HVAC platforms may encroach no more than five feet into the ten feet setback area.
(c) The structure shall remain on the lot it occupies at the time that it becomes erosion threatened.
(d) The size of the structure shall not be increased in any way, shape or form except as allowed by this section.
(e) The front (northern) property lines of lots subject to this section shall be contiguous with the southern boundary of a city, state or private street.
(f) All off street parking requirements shall remain in effect.
(g) Building placement on all lots (corner and non-corner) and required parking areas shall comply with the setback requirement of § 157.081 in order to ascertain that no encroachment into an area required for view of oncoming vehicular traffic shall occur.
(h) No ground level enclosure shall be permitted within the 25-foot front setback lines. A ground level enclosure shall not exceed over 144 square feet per dwelling unit.
(i) This section shall not limit nor repeal any and all applicable local, state and federal statutes.
('85 Code, § 15-5.8) (Ord. 33, passed 10-5-81; Am. Ord. 95-04, passed 2-22-95; Am. Ord. 95-05, passed 2-22-95; Am. Ord. 96-02, passed 5-20-96; Am. Ord. 00-17, passed 7-10-99; Am. Ord. 01-01, passed 1-22-01; Am. Ord. 01-08, passed 7-23-01; Am. Ord. 02-12, passed 10-14-02; Am. Ord. 06-01, passed 1-9-06; Am. Ord. 06-07, passed 6-12-06; Am. Ord. 06-13, passed 11-15-06; Am. Ord. 07-05, passed 6-12-07; Am. Ord. 15-01, passed 1-13-15; Am. Ord. 21-10, passed 6-15-21; Am. Ord. 21-24, passed 8-17-21) Penalty, see § 157.999