(a) Breezeways shall be provided as follows:
(1) These requirements shall be applicable only to the 5-RMO, 6-B, and 9-I zoning districts.
(2) A minimum of 25% of the ocean frontage measured along the right-of-way shall be established as a breezeway.
(3) Fences, walls and landscaping meeting the requirements of §§ 7A-35, 7A-36, and 7A-53(8) and (9) shall be permitted in the breezeway and shall not be considered to be non- conforming. Trees shall be permitted to be planted within breezeways; provided, that trees are not aligned in such as way as to form a “wall” of trees.
(4) Breezeways shall run parallel to side or corner side lot lines as applicable.
(5) The breezeway shall remain otherwise unobstructed.
(6) Lots occupied by a single-family dwelling and any accessory structures shall be exempt from this section during the time that the single-family dwelling is the primary use of the lot.
(b) Nonconformities.
(1) Notwithstanding §§ 7A-80 through 7A-87, inclusive, fences, walls and landscape designs within breezeways located within the 5-RMO, 6-B, and 9-I zoning districts on January 1, 2008, may continue to exist and shall be exempt from division (a) hereof; provided, that said fences, walls, and landscape designs are not materially altered, enlarged, extended, or moved in whole or in part. However, any fence, wall, or landscape design may be altered to decrease its nonconformity. This provision shall also apply to replacement walls erected pursuant to § 7A-53(12); provided, that the wall being replaced was in existence prior to January 1, 2008, and provided that the replacement wall is not enlarged or extended to be longer or larger than the wall being replaced.
(2) The Building Official shall document and maintain a file of the existence in January 1, 2008, of any fences, walls, and landscape designs within breezeways in the 5-RMO, 6-B, and 9-I zoning districts as of January 1, 2008.
(3) When the nonconforming portion of any fence, wall or element of a landscape design within a breezeway in the 5-RMO, 6-B, or 9-I zoning district is discontinued, removed, destroyed by weather or other act of God, or ceases for a period of more than 180 consecutive days, or for 18 non-consecutive, non-calendar months (one month = 30 days) within any 1,095-day (three non-calendar year) period, and the property owner has not diligently pursued replacement or resumption thereof, the nonconforming portion of the fence, wall, or landscape design shall not thereafter be reestablished except in conformance with division (a) and all other regulations in the Land Development Code.
(Am. Ord. 2007-10, adopted 2-20-08; Am. Ord. 2017-05, adopted 12-20-17)