(a) Intent. The provisions of this district are intended to apply to the historical area of the Town along Ocean Avenue. Lot sizes and other restrictions are intended to promote and protect medium-density residential and business development while preserving adequate open space and the historical nature of the area and ensuring compatibility with other areas of the community.
(b) Principal uses and structures:
(1) Multi-family residences.
(2) Single-family residences (provided such residences meet the following 3-RS Single- Family Residential District requirements).
CRITERIA(1) |
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 | ||||||
3-RS | 10,000 | 90 (2) |
100 | 30 | 1,400 (2) |
28 | 25 | 15 | 25 | 25 |
(1) Compliance with applicable supplementary regulations provided in §§ 7A-50 through 7A-69, and Chapter 9A is required. (2) One half of the garage area, not to exceed 200 square feet, excluding porches may be used to meet minimum square footage requirements. | ||||||||||
(3) Duplexes.
(4) Houses of worship. A house of worship must have a maximum of 150 seats in the main assembly area. The main assembly area must include side rooms and areas that can convert into part of the main assembly room.
(c) Accessory uses and structures: Customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use and in keeping with the intent and purpose of the District.
(d) Special exceptions:
(1) Personal service establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, dry cleaning drop- off/pickup stations, nail care, reducing salons and health clubs, shoe repair, tailor, and similar uses no primarily offering a product for sale.
(2) Professional offices, clinics, general offices, business schools and similar uses.
(3) Educational and cultural institutions.
(4) Governmental and municipal buildings and public recreation areas.
(5) Bed and breakfast inns.
(e) Prohibited uses:
(1) Drive-in, drive-up, drive through, or any other similar feature that provides for receipt of goods, services, food, money or information by a consumer while seated in a motor vehicle.
(2) Facility or base for mobile marijuana dispensary.
(3) Grow house.
(4) Marijuana dispensary.
(5) All other uses not specifically or provisionally permitted herein.
(f) Lot and principal structures, sizes, and setbacks, all uses except single-family residences:
(1) Minimum lot area, 9,000 square feet.
(2) Minimum lot width, 60 feet (at building setback line).
(3) Minimum lot depth, 150 feet.
(4) Maximum lot coverage, 40%.
(5) Minimum floor area.
a. Single-family structures, 1,400 square feet including one-half of the garage area not to exceed 200 square feet, excluding porches.
b. Multifamily structures:
1. One-bedroom apartment, 800 square feet minimum.
2. Two-bedroom apartment, 1,000 square feet minimum. Additional bedrooms require an increase of 150 square feet for each additional bedroom.
3. Duplex, 2,000 square feet (1,000 square feet for each dwelling unit).
4. Businesses, 300 square feet minimum.
(6) Maximum density, 15 dwelling units per acre.
(7) Maximum height, 28 feet.
(8) Minimum yard requirements:
a. Front setback, 25 feet from lot line.
b. Side interior lot setback, none; provided a public access is available to the rear of the lot for trash removal and fire protection. Otherwise, a minimum side setback of 15 feet on one side of the structure is required.
c. Side corner lot setback, 20 feet from lot line.
d. Rear setback, 20 feet from lot line; except 25 feet when abutting a residential area, and 15 feet when abutting an alley.
(9) Minimum distance between structures on the same lot, 15 feet.
(g) Sidewalk and parking lots. Sidewalks and parking lots shall be constructed and maintained by the owner along the public streets or highways abutting any developments in this district.
(i) Where a rear or side line of a developed lot abuts residentially zoned property (1-RS, 2-RS, or 3-RS single-family residential zoning districts), and the 8-B property has been granted a special exception use permit, 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 8-B 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 8-B property in an orderly and good condition, at no more than their maximum allowed height.
(j) Where the rear or side lot of a developed lot abuts residentially zoned property (1-RS, 2-RS or 3 RS single-family residential zoning districts) and the 8-B property is used for multi-family residential purposes, a fence, six feet in height, shall be constructed parallel to that rear or side lot line. The fence shall be erected by the owner of the 8-B zoned property. The fence shall extend the full length of the adjoining residential property located in the 1-RS, but shall be no higher than four feet, forward of the front building line of the adjoining residential lot. Further, the fence shall comply with code requirements for vision clearance at corners and curb lots. Fences shall be maintained in good condition by the owner of the 8-B zoned property.
(k) Vested rights for properties granted special exception uses prior to September 17,2008. Provided that all the conditions set forth in § 7A-38(l) are met, all properties having been granted development approval, and which were developed on or before September 17, 2008, for any or all of the following special exception uses, shall be permitted to maintain those uses on the property, in the same manner and to substantially the same extent that the uses were approved, subject to the same conditions and limitations placed upon any prior established use:
(1) Retail stores, sales and display rooms, including places where goods are produced and sold at retail on the premises.
(2) Personal service establishments such as laundry and dry cleaning pickup stations, and similar uses.
(3) Professional studies, business schools and similar uses.
(4) Vocational and trade schools not involving operations of an industrial nature.
(5) Banks and financial institutions.
(6) Public and private parking lots.
(7) Public recreation areas.
Additionally, the provisions of § 7A-38(e)(5) shall not apply to those properties granted, and developed with, any or all of the special exceptions listed in this § 7A-38(k) as of September 17. 2008. In applying this subsection (k), no pre-existing use to which vested rights applies shall be expanded, either in size or scope, beyond the use as approved, developed, and in existence on or before September 17, 2008.
(l) Conditions, applicable uses and structures associated with § 7A-38(k).
The establishment of any use under the provisions of § 7A-38(k) shall be subject to the following conditions:
(1) The number of off-street parking spaces provided on the site are consistent with special exception approval granted prior to September 17, 2008. The degree of parking nonconformity shall not be increased by any extent.
(2) A structural feature or structure which is integrally associated with the use, but which is now prohibited under § 7A-38(e)(1), shall be considered part of the approved special exception use and may be reestablished in the event of its destruction. However, if the structure or structural feature is nonconforming with respect to any provision of § 7A-38(f), the provisions of § 7A-83 shall apply to the nonconforming structure.
(`75 Code, Appendix A, Art. VI, § 8) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2007-08, adopted 11-14-07; Am. Ord. 2008-08, adopted 9-3-08; Am. Ord. 2008-09, adopted 11-19-08; Am. Ord. 2009-03, adopted 4-15-09; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2016-01, adopted 10-19-16; Am. Ord. 2017-05, adopted 12-20-17)