§ 153.101 SETBACKS.
   (A)   Side yard.
      (1)   The minimum side yard setback requirements on a lot less than 75 feet in width shall be 10 feet from each side.
      (2)   For all lots 75 feet to 99 feet in width, the minimum side yard widths shall be 12 feet.
      (3)   For all lots or aggregate of lots combined for single development 100 feet or greater in width, the minimum side yard setback shall be 12 feet.
      (4)   All multi-family dwellings in excess of a duplex, hotels and motels shall install and maintain a vegetative buffer of evergreen, salt-tolerant species along the side yards of useable property in conjunction with development in this zone and such may be located within the area of the required setback lines.
      (5)   Single-family and duplex dwellings greater than 6,000 square feet of total gross floor area shall have an additional two feet of side yard setback.
      (6)   Single-family and duplex dwellings greater than 6,000 square feet of total gross floor area equipped with a fire suppression system reviewed, approved, and inspected annually by the Fire Chief or his or her designee, shall be exempt from division (A)(5) above.
   (B)   Front yard. All oceanfront lots shall front on NC Highway 12 (Virginia Dare Trail) and all structures erected on these lots shall be set back from the front property line a minimum of 30 feet.
   (C)   Rear yard.
      (1)   Lots that border the Atlantic Ocean shall be designated as having a rear yard on the Atlantic Ocean.
      (2)   The minimum rear yard setback requirements on any lot shall be 20% of the total depth of the lot but shall not exceed 30 feet from the rear property line.
      (3)   For each lot developed that has a rear yard on the Atlantic Ocean, the rear yard shall be determined by the setback multiplier established for ocean hazard areas of environmental concern (AEC) as administered by the local permit officer representing the North Carolina Office of Coastal Management as per the North Carolina Coastal Area Management Act of 1974.
   (D)   Double frontage. Not applicable.
   (E)   Corner lot. For lots 50 feet or less in width, the side street setback requirements shall be ten feet on those sides that abut a street or beach access. For lots greater than 50 feet in width, the minimum side street setback requirements shall be 15 feet on those sides that abut a street or beach access.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 03-02, passed 2-10-03; Am. Ord. 03-10, passed 6-25-03; Am. Ord. 07-03, passed 3-28-07; Am. Ord. 17-19, passed 5-27-20; Am. Ord. 18-4, passed 6-14-21)