(a) Intent. The provisions of this district are intended to apply to certain areas adjacent to the ocean (between Atlantic Street and the ocean). Restrictions herein are intended to ensure the preservation of the natural features of the area. Lot sizes and other restrictions provide for medium- density, multi-family residential development compatible with the preservation of amenities associated with oceanfront property.
(b) Principal uses and structures:
(1) Multi-family residences.
(2) Single-family residences (provided such residences meet the following 1-RS Single-Family Residential District requirements).
CRITERIA (*) |
Lot Area (min sq ft) | Lot Width (min ft at building line) | Lot Depth (min ft) | Lot Coverage (max % by principal structure) | Living Area (min sq ft excluding garage and porch) | Height (maximum) | Minimum Yards (feet) | |||
DISTRICT
|
Front | Side Interior | Side Corner | Rear | ||||||
1-RS | 12,000 | 100 | 120 | 30 | 1,800 | 28 | 25 | 15 | 25 | 25 |
(*) Compliance with applicable supplementary regulations provided in §§ 7A-50 through 7A-69, and Chapter 9A is required. | ||||||||||
(3) Townhouses (See § 7A-63).
(4) Government-operated parks and beaches.
(5) Electric Utility Substations.
(6) K-12 Schools.
(7) Home occupations (See § 7A-62).
(c) Accessory uses and structures: Customary accessory uses clearly incidental and subordinate to the principal use and in keeping with the intent and purpose of the district.
(d) Special exceptions: Public recreation areas.
(e) Prohibited uses:
(1) Facility or base for mobile marijuana dispensary.
(2) Grow house.
(3) Marijuana dispensary.
(4) Rental units rented for periods of less than one month.
(5) All other uses not specifically or provisionally permitted herein.
(f) Lot and principal structures, sizes, and setbacks: Gross lot area shall be determined by using the bluff line as the easterly boundary line.
(1) Minimum lot area, 12,000 square feet.
(2) Maximum density, six dwelling units per acre.
(3) Minimum lot width, 100 feet.
(4) Minimum lot depth, 120 feet (from front lot line to ocean bluff line).
(5) Maximum lot coverage, 40%.
(6) Maximum building length, 150 feet.
(7) Minimum living area, 1,300 square feet per dwelling unit.
(8) Maximum height of the building. Maximum height, 28 feet and no more than 2 stories.
(9) Structures built within the 5-RMO zoning district that exceed 28 feet in height and are three stories may be reconstructed in the event of any involuntary catastrophic destruction subject to the following:
a. No building or structure shall exceed 36 feet regardless of the originally approved or constructed height.
b. No structure shall exceed the originally approved height as demonstrated by an approved building permit or other substantial evidence provided by the property owner.
c. Upon reconstruction that results in a building height lower than originally approved, any future reconstruction that becomes necessary, for any reason, shall not exceed the height of the most recent reconstruction or 28 feet, whichever is greater.
d. If a building permit or other substantial evidence documenting that the destroyed building exceeded 28 feet in height is not provided, then the maximum height of any reconstructed building shall be 28 feet.
e. Notwithstanding § 7A-35(f)(8) above, if the originally approved building permit or other substantial evidence provided documents that the building included three stories then the reconstructed building shall be allowed to have three stories.
(10) Minimum yard requirement
a. Front setback, 25 feet from the lot line.
b. Side setback, 25% of frontage shall be kept clear as a breezeway from the ocean. In no case shall any side setback be less than 12½ feet.
c. Ocean setback. No building or structure shall be constructed on oceanfront property within the Town boundaries seaward of the coastal setback line established pursuant to Chapter 5A. In addition to the structures permitted in Chapter 5A, beach access shall be permitted by an elevated boardwalk supported on pilings with appropriate steps.
(11) Minimum distance between structures, 15 feet.
(g) Landscaping regulations: Front and side yard setbacks (excluding parking areas and driveways) shall be landscaped with ground cover, trees, and shrubs; other decorative arrangements such as rock gardens, walkways, dwarf trees, cobble, brick, and substantially similar arrangements may be acceptable. Uncovered parking areas shall be landscaped with trees and shrubs. Except for driveways the areas abutting the street rights-of-way shall be landscaped to a depth of seven feet; the rights-of-way from the curb to the property line may be landscaped and maintained at the owner's option. However, in no case shall the area landscaped be less than 33% of the total lot area, not including rights-of-way.
(i) Where a lot is developed and the rear or side yard abuts a lot developed as a single-family, detached residential dwelling or abuts a developed or undeveloped lot within the 1-RS, 2-RS, or 3-RS single-family residential zoning district, a nonsolid wall, or fence six (6) feet in height, shall be constructed on or parallel to that rear or side lot line. Not less than 25% of the total surface area of the wall shall allow the free-flowing passage of air while still serving as a visual barrier. The wall shall be erected by the owner of the 5-RMO zoned property. The fence or wall shall be constructed as follows:
(1) Materials. Fences and walls shall be constructed of long-lasting, durable materials, such as precast or poured concrete, concrete block, composite hardboard (Hardi-board or Hardi Plank), or recycled plastics. Fences or walls of sheet, link or corrugated iron, steel, or concertina wire, PVC, pressure treated woods, non-treated woods, and aluminum are prohibited. Barbed wire shall not be constructed or placed on top of a fence.
a. Where concrete materials are used, dyes, tints, patterns or textures may be added to mitigate any "plain concrete" appearance.
b. To change the appearance of an "unbroken, monotonous blank wall", it is encouraged that walls or fences be divided into discrete sections no more than 10 feet in length, by columns, pilings, posts, architectural detail, or a change in orientation, texture, pattern, materials or color.
(2) The six (6) foot wall or fence shall extend the full length of the adjoining residential property; however, forward of the front building line of an adjoining residential lot, the fence or wall shall be no higher than four (4) feet.
(3) The wall or fence shall comply with all Town Code requirements for vision clearance at corners and curb lots.
(4) Maintenance. Fences and walls shall be continuously maintained by the owner of the 5-RMO property in an orderly and good condition, at no more than their maximum allowed height.
(5) With regard to lots that are developed on or before May 1, 2012, the wall or fence will be constructed by the property owner when the use of the property is changed or the existing use is substantially redeveloped. For the purposes of this section, the following definitions apply:
a. Change of use shall mean a change from the use existing to any other use.
b. Substantially redeveloped shall mean any increase in size, square footage, height, coverage or intensity of the use or any structure associated with the use, or the replacement or renovation the cost of which represents greater than 30% of the assessed value of the structures on the property as recorded in the most recent records of the property appraiser.
(`75 Code, Appendix A, Art. VI, § 5) (Ord. passed 9-26-72; Am. Ord. 78-4, passed 3-14-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 90-04, passed 4-25-90; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2017-05, adopted 12-20-17) Penalty, see § 7A-173