Section 155.6.5  Zoning District Development Standards.
   155.6.5.1  R-1 Residential District.
 
A   Minimum Lot Area   Residential =      Non- residential =
            8,000 Square Feet   24,000 Square Feet
B   Minimum Lot Width   Residential =       Non-residential =
            70 Feet      200 Feet
C   Minimum Lot Depth   None
D   Minimum Front Yard Setback   15 Feet
E   Side Yard Minimum Setback      15 Feet
F   Rear Yard Minimum Setback   15 Feet
   G   Principal Building Height
   •   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.
   H   Accessory Building
   •   Must be 15 feet from any lot line;
   •   Must be located behind the rear building line; and
   •   Shall not exceed 10 feet by 10 feet by 12.5 feet in height, except detached garages which shall not exceed 10 feet by 20 feet by 14 feet in height.
I   One- and Two-Family residential dwellings with wood roof shingles shall have a minimum of 30 feet of separation between buildings.
The following list provides the location of additional standards which apply to the development of uses permitted within this district:
Table of Uses
Section 155.6.4
Off-Street Parking& Off-Street Loading
Outdoor Lighting
Article 155.9, Part II
Landscaping, Buffering, & Screening
Article 155.9, Part III
Sign Regulations
Flood Damage Prevention Ordinance
Sedimentation and Soil Erosion Control
Fences and Walls Requirements
Section 155.7.10
Visibility on Corner Lots
Section 155.2.5 and Section 155.7.10
Definitions
Exhibit A
Open Space Requirements
Section 155.2.10
Floor Area Ratio
Section 155.7.17
Nonconforming Situations
 
   155.6.5.2  R-2 Residential District.
 
A   Minimum Lot Area   One Residential Dwelling or Duplex =
            8,000 Square Feet
            Duplex Dwelling on Nonconforming Lot =
            4,000 Square Feet
            Minimum required additional lot area per residential unit in excess of two =
            4,356 Square Feet
B   Minimum Lot Width   Permitted Use =    Conditional Use =
            70 Feet      100 Feet
C   Minimum Lot Depth   None
D   Minimum Front Yard Setback   15 Feet
E   Side Yard Minimum Setback      15 Feet, which shall increase  15 feet for each additional 50 feet of property frontage.
   Note: For conditional uses only, where residential units have rear exits into side yards, the yard shall increase 2 feet in width for each unit having such exit.
F   Rear Yard Minimum Setback   15 Feet
G   Principal Building Height
   •   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.
H   Accessory Building
   •   Must be 15 feet from any lot line;
   •   Must be located behind the rear building line; and
   •   Shall not exceed 10 feet by 10 feet by 12.5 feet in height, except detached garages which shall not exceed 10 feet by 20 feet by 14 feet in height.
I   Residential dwellings with wood roof shingles shall have a minimum of 30 feet of separation between buildings.
The following list provides the location of additional standards which apply to the development of uses permitted within this district:
Table of Uses
Section 155.6.4
Off-Street Parking& Off-Street Loading
Outdoor Lighting
Article 155.9, Part II
Landscaping, Buffering, & Screening
Article 155.9, Part III
Sign Regulations
Flood Damage Prevention Ordinance
Sedimentation and Soil Erosion Control
Fences and Walls Requirements
Section 155.7.10
Visibility on Corner Lots
Section 155.2.5 and Section 155.7.10
Definitions
Exhibit A
Open Space Requirements
Section 155.2.10
Floor Area Ratio
Section 155.7.17
Nonconforming Situations
 
   155.6.5.3  C-1 Commercial District I.
 
A   Minimum Lot Area   Permitted Use = None
            Conditional Use = 10,000 Square Feet
B   Maximum Density   •   48 units per acre for hotels and motels
            •   20 units per acre for apartments or residential buildings
C   Minimum Lot Width   Permitted Use = None
            Conditional Use = 100 Feet
D   Minimum Lot Depth   Permitted Use = None
            Conditional Use = 100 Feet
E   Minimum Front Yard Setback   None
F   Side Yard Minimum Setback      None
   However, when a side yard is provided, it shall be at least 7.5 feet in width, except where the side yard borders on a public thoroughfare.
G   Rear Yard Minimum Setback   None
H   Principal Building Height
   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.
I   Lot Dimension Exception for Mixed-Use Commercial Residential Development
   The minimum lot width and depth requirements for conditional uses in the C-1 District shall not apply to Mixed-Use Commercial Residential projects approved by the Board of Aldermen pursuant to Section 155.7.6.
The following list provides the location of additional standards which apply to the development of uses permitted within this district:
Table of Uses
Section 155.6.4
Off-Street Parking& Off-Street Loading
Outdoor Lighting
Article 155.9, Part II
Landscaping, Buffering, & Screening
Article 155.9, Part III
Sign Regulations
Flood Damage Prevention Ordinance
Sedimentation and Soil Erosion Control
Fences and Walls Requirements
Section 155.7.10
Visibility on Corner Lots
Section 155.2.5 and Section 155.7.10
Definitions
Exhibit A
Open Space Requirements
Section 155.2.10
 
   155.6.5.4  C-2 Commercial District II.
 
A   Minimum Lot Area   Permitted Use = None
            Conditional Use = 10,000 Square Feet
B   Maximum Density   •   48 units per acre for hotels and motels
            •   20 units per acre for apartments or residential buildings
C   Minimum Lot Width   50 Feet
D   Minimum Lot Depth   None
E   Front Yard Minimum Setback   15 Feet
   7.5 Feet of which shall be developed for sidewalks, grass, plants, and the necessary entrances and exits to driveways.
F   Side Yard Minimum Setback      7.5 Feet
G   Rear Yard Minimum Setback   7.5 Feet
Note: No portion of any building shall be closer than 15 feet to the right of way or street.
H   Principal Building Height
   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.
   Frame Structures
   A frame structure may be erected in a number two fire district if there is a minimum setback of 15 feet on the side, rear, and front yards, and a two-hour fire wall is provided for walls that face the wall of another structure or adjoin a lot where another structure may be built. If a property owner provides a 30 Foot setback from all property lines so that no structure may ever be erected within 30 Feet of the proposed or existing structure, then the two-hour fire wall may not be required.
Note: A parking lot, as a conditional use, shall not be subject these dimension standards.
The following list provides the location of additional standards which apply to the development of uses permitted within this district:
Table of Uses
Section 155.6.4
Off-Street Parking& Off-Street Loading
Outdoor Lighting
Article 155.9, Part II
Landscaping, Buffering, & Screening
Article 155.9, Part III
Sign Regulations
Flood Damage Prevention Ordinance
Sedimentation and Soil Erosion Control
Fences and Walls Requirements
Section 155.7.10
Visibility on Corner Lots
Section 155.2.5 and Section 155.7.10
Definitions
Exhibit A
Open Space Requirements
Section 155.2.10
 
   155.6.5.5  C-3 Commercial District III.
 
A   Minimum Lot Area   Permitted Use = None
            Conditional Use = 10,000 Square Feet
B   Maximum Density   •   48 units per acre for hotels and motels
            •   20 units per acre for apartments or residential buildings
C   Minimum Lot Width   Permitted Use = 50 Feet
            Conditional Use = 100 Feet
D   Minimum Lot Depth   None
E   Front Yard Minimum Setback   Permitted Use = 15 Feet
                  Conditional Use = 15 Feet
   7.5 Feet of which shall be developed for sidewalks, grass, plants, and the necessary entrances and exits to driveways.
F   Side Yard Minimum Setback       Permitted Use = 7.5 Feet
                  Conditional Use = 20 Feet
G   Rear Yard Minimum Setback   Permitted Use = 7.5 Feet
                  Conditional Use = 20 Feet
Note: No portion of any building shall be closer than 15 feet to the right of way or street.
H   Principal Building Height No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.
I   Frame Structures   A frame structure may be erected in a number two fire district if there is a minimum setback of 15 feet on the side, rear, and front yards, and a two-hour fire wall is provided for walls that face the wall of another structure or adjoin a lot where another structure may be built. If a property owner provides a 30 Foot setback from all property lines so that no structure may ever be erected within 30 Feet of the proposed or existing structure, then the two-hour fire wall may not be required.
J   Setback Exception for Marina Residential The minimum front, side and rear setbacks and minimum lot area for conditional uses in the C-3 District shall not apply to Marina Residential projects approved by the Board of Aldermen pursuant to Section 155.7.26 .
Note: See Section 155.7.6, Mixed Use Commercial Residential
The following list provides the location of additional standards which apply to the development of uses permitted within this district:
Table of Uses
Section 155.6.4
Off-Street Parking& Off-Street Loading
Outdoor Lighting
Article 155.9, Part II
Landscaping, Buffering, & Screening
Article 155.9, Part III
Sign Regulations
Flood Damage Prevention Ordinance
Sedimentation and Soil Erosion Control
Fences and Walls Requirements
Section 155.7.10
Visibility on Corner Lots
Section 155.2.5 and Section 155.7.10
Definitions
Exhibit A
Open Space Requirements
Section 155.2.10
 
   155.6.5.6  C-4 Commercial District IV.
 
A   Minimum Lot Area   Permitted Use = None
            Conditional Use = 10,000 Square Feet
B   Maximum Density   •   48 units per acre for hotels and motels
            •   30 units per acre for apartments or residential buildings
C   Minimum Lot Width   100 Feet, however, a parking lot permitted as a conditional use under this section is not subject to this requirement.
D   Minimum Lot Depth   Permitted Use = None
            Conditional Use = 100 Feet
E   Front Yard Minimum Setback   30 Feet
   which shall be developed for sidewalks, grass, plants, and the necessary entrances and exits to driveways.
   •   Off-street parking shall be permitted in the front yard area provided that 10 Feet of the yard area be developed and used as a buffer adjacent to the existing or proposed street.
F   Side Yard Minimum Setback      20 Feet
G   Rear Yard Minimum Setback   20 Feet
   H   Principal Building Height
   No building shall exceed 96 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.
Note: No portion of any building shall be closer than 30 Feet to the right-of-way or street.
Note: A parking lot, as a conditional use, shall not be subject to these dimension standards.
The following list provides the location of additional standards which apply to the development of uses permitted within this district:
Table of Uses
Section 155.6.4
Off-Street Parking& Off-Street Loading
Outdoor Lighting
Article 155.9, Part II
Landscaping, Buffering, & Screening
Article 155.9, Part III
Sign Regulations
Flood Damage Prevention Ordinance
Sedimentation and Soil Erosion Control
Fences and Walls Requirements
Section 155.7.10
Visibility on Corner Lots
Section 155.2.5 and Section 155.7.10
Definitions
Exhibit A
Open Space Requirements
Section 155.2.10
 
   155.6.5.7  C-5 Commercial District V.
 
A   Maximum Density         36 units per acre for hotels and motels
B   Minimum Lot Area         10,000 Square Feet; A church shall have a minimum lot area of 24,000 Square Feet
C   Minimum Lot Width         100 Feet
D   Minimum Lot Depth         None
E   Front Yard Minimum Setback   30 Feet which shall be landscaped using shrubs, grass, ground cover, and trees.
   •   A minimum of one tree for each 30 Linear Feet of property frontage along the street right-of-way shall be required. Required trees shall be broad leaf evergreens planted and maintained such that at 15-year maturity, a continuous shade producing tree shall result that will have a foliage diameter of at least 24 Feet.
   •   Landscaping shall not obstruct vehicular sight lines at points of exit from or entrance to streets.
   •   The property owner shall be responsible for continuous maintenance of the landscaped area.
   •   Driveways to provide entrances and exits to the property may be included in the 30 Foot front yard setback.
   •   No commercial driveway shall go through a residential zone to obtain access to any street.
   •   Off-street parking may be provided within the 30 Foot front yard setback, however, in all cases, 10 Feet of the setback immediately adjacent to the right-of-way shall be developed as a landscaped area in accordance with the requirements of Section 9.17.
   •   A sidewalk, a minimum of 5 Feet wide by 6 Inches thick of reinforced concrete shall be constructed within the right-of-way immediately adjacent to the front property line. Such sidewalk shall extend across the entire property frontage that adjoins such right-of-way.
F   Side Yard Minimum Setback      10 Feet; except where the property adjoins a residential district in which case the side yard setback shall be 20 Feet.
G   Rear Yard Minimum Setback   20 Feet
H   Principal Building Height
   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation provided that building height shall be defined below:
   •   The vertical distance measured from a point in the center line of the street (whether public or private) adjoining the front of the lot on which a structure is to be built or improved that is an equal distance from the side lines extended to the center line of the adjoining street to the highest point of the coping of a flat roof, to the ridge line of a mansard roof, to the ridge of a gable, hip or gambrel roof, or to the highest point of a roof deck or hand rail. Elevator penthouses and necessary mechanical service equipment are exempt from this height limitation provided they are properly screened. Also exempt are chimneys, solar panels, and church steeples, For corner lots adjoining two streets or for those lots that do not adjoin a street, the adjoining street for the purposes of this definition shall be the street which is the address of the lot. Features which increase the heigh of the street at its center above its average grade, such as speed bumps, shall be omitted in determining building height.
      •   In lieu of the definition set forth in Exhibit A, when the following conditions are satisfied:
         •   The property owner or his agent requests that said definition be utilized as a conditional use through an application submitted in accordance with Section 155.4.5;
         •   The Board of Aldermen shall find that the standards set forth in subsection 155.4.5.4 are met; and
         •   The Board of Aldermen shall find, in addition to those matters set forth in subsection 155.4.5.4, that
            •    The conditional use, if permitted, will result in the retention of the natural terrain of the subject property;
            •   The conditional use, if permitted, will reduce the impact on the natural environment of the subject property and surrounding properties.
      •   In making its decision the Board of Aldermen shall comply in all respects with the provisions of this section and Section 155.4.5.
I   Frame Structures
   A frame structure may be erected in a number two fire district if there is a minimum setback of 15 feet on the side, rear, and front yards, and a two-hour fire wall is provided for walls that face the wall of another structure or adjoin a lot where another structure may be built, If a property owner provides a 30 Foot setback from all property lines so that no structure may ever be erected within 30 Feet of the proposed or existing structure, then the two-hour fire wall may not be required.
The following list provides the location of additional standards which apply to the development of uses permitted within this district:
Table of Uses
Section 155.6.4
Off-Street Parking& Off- Street Loading
Outdoor Lighting
Article 155.9, Part II
Landscaping, Buffering, & Screening
Article 155.9, Part III
Sign Regulations
Flood Damage Prevention Ordinance
Sedimentation and Soil Erosion Control
Fences and Walls Requirements
Section 155.7.10
Visibility on Corner Lots
Section 155.2.5 and Section 155.7.10
Definitions
Exhibit A
Open Space Requirements
Section 155.2.10
 
   155.6.5.8  G-1 Public and Semipublic District.
 
A   Minimum Lot Area   5,000 Square Feet
B   Minimum Lot Width   50 Feet
C   Minimum Lot Depth   None
D   Front Yard Minimum Setback*   7.5 Feet
                  (15 Feet for Frame Buildings)
E   Side Yard Minimum Setback*      7.5 Feet
                  (15 Feet for Frame Buildings)
F   Rear Yard Minimum Setback*   7.5 Feet
                  (15 Feet for Frame Buildings)
   *   Minimum front, side, and rear setbacks for a church shall be 15 Feet.
G   Principal Building Height
   •   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.
H   Accessory Building
   May be located in the required rear yard setback provided:
   •   The building shall be 15 feet from the principal building
   •   Must be not less than 5 feet from any lot line; and
   •   Must not occupy more than 10% of the required rear yard.
The following list provides the location of additional standards which apply to the development of uses permitted within this district:
Table of Uses
Section 155.6.4
Off-Street Parking& Off-Street Loading
Outdoor Lighting
Article 155.9, Part II
Landscaping, Buffering, & Screening
Article 155.9, Part III
Sign Regulations
Flood Damage Prevention Ordinance
Sedimentation and Soil Erosion Control
Fences and Walls Requirements
Section 155.7.10
Visibility on Corner Lots
Section 155.2.5 and Section 155.7.10
Definitions
Exhibit A
Open Space Requirements
Section 155.2.10
Floor Area Ratio
Section 155.7.17
Nonconforming Situations
 
   155.6.5.9  PC Private Club District.
 
A   Minimum Lot Area         24,000 Square Feet
B   Minimum Lot Width         150 Feet
C   Front Yard Minimum Setback   15 Feet
   which shall be developed for sidewalks, grass, plants, and necessary entrances, exits, and driveways.
D   Side Yard Minimum Setback      7.5 Feet
E   Rear Yard Minimum Setback   7.5 Feet
   No portion of any building shall be closer to the street or highway than 15 feet.
F   Principal Building Height
   •   No building shall exceed 40 feet in height. Church spires, antennas, chimneys, and similar accessories to buildings are exempt from this limitation.
G   Accessory Building
   May be placed on a lot provided that the building shall be 7.5 feet from the principal building and located behind the rear building line.
H   Frame Structures
   A frame structure may be erected in a number two fire district if there is a minimum setback of 15 feet on the side, rear, and front yards, and a two-hour fire wall is provided for walls that face the wall of another structure or adjoin a lot where another structure may be built. If a property owner provides a setback of 30 feet from all property lines so that no structure may ever be erected within 30 feet of the proposed or existing structure, then the two-hour fire wall may not be required.
The following list provides the location of additional standards which apply to the development of uses permitted within this district:
Table of Uses
Section 155.6.4
Off-Street Parking& Off-Street Loading
Outdoor Lighting
Article 155.9, Part II
Landscaping, Buffering, & Screening
Article 155.9, Part III
Sign Regulations
Flood Damage Prevention Ordinance
Sedimentation and Soil Erosion Control
Fences and Walls Requirements
Section 155.7.10
Visibility on Corner Lots
Section 155.2.5 and Section 155.7.10
Definitions
Exhibit A
Open Space Requirements
Section 155.2.10
Floor Area Ratio
Section 155.7.17
Nonconforming Situations
 
   155.6.5.10 P-1  Conservation Zone.
   (A)   Within the conservation zone, designated as P-1 on the official zoning map, no lot or parcel of land may be developed for any purpose except commercial piers (where the P-1 Zone adjoins a zone permitting a marina), private piers (where the P-1 Zone adjoins a residential zone), town owned docks and piers, on-street and off-street town owned or managed parking facilities and their support structures, town owned and operated recreational facilities, facilities designed to mitigate the impacts of stormwater run-off, and ocean-related business activities as permitted in Chapter 92 of this code. There shall be no clearing, disturbance, removal, burning, destruction, harming, cutting, or mowing of trees, shrubs, or other natural vegetation in the P-1 Zone, except for (1) maintenance on public or private property that is determined by the town to be necessary for public health, safety, or general welfare; (2) as deemed necessary by the town in conjunction with the construction or maintenance of town owned or operated facilities; (3) clearing as is necessary to remove damage caused by hurricane, flood, storm, fire, insects, or infectious organisms; or (4) clearing in conjunction with development of a pier permitted by this section.
   (B)   The UDO Administrator or his or her designee will determine when maintenance is necessary for the public health, safety, and general welfare. Any property owner dissatisfied with the decision of the UDO Administrator or his or her designee may appeal such decision to the Town Manager by delivering written notice of appeal to the Town Manager within ten days of the decision of the UDO Administrator or his or her designee. The decision of the Town Manager in this manner is final.
   155.6.5.11 S-1  Shore Zone. Within the shore zone, as indicated on the zoning map, which in the main is built up land constructed by the state, the federal government, and the town, no lot or parcel of land shall be used for any purpose whatsoever except in accordance with the following:
   (A)   No structure shall be built or no land or parcel of land in this zone shall be used for any purpose whatsoever unless application has been made to and permission granted by the town in accordance with the terms, conditions, and specifications as the Board of Aldermen may prescribe.
   (B)   Permission shall not be granted by the Board of Aldermen for the use of any land or parcel of land for the construction of any type building or structure except piers, municipally owned or operated parks, recreation areas, or other municipal uses; except that those commercial enterprises which were in existence on the original passage of this Ordinance, and which have been used continuously as commercial enterprises since that time may continue the same commercial use. There shall be no change to any other commercial use, nor any expansion of any commercial use existing at that time.
   (C)   Gazebos (shelters which are open on all sides) shall be permitted subject to plan approval by the Board of Aldermen where land ownership is established.
   (D)   Fences shall be limited to three feet in height. No fence shall extend beyond the established bulkhead line or mean high water mark. Fence height shall be measured from grade at any given point along the span of the fence.
   (E)   No vehicular parking is permitted on any lot or parcel of land in this zone, provided, that this restriction shall not apply to property owned by the town, the state, the United states government or any agency of such entities.
   (F)   No increase in impervious surface is permitted within the Shore Zone. For purposes of this section, impervious surface shall include, but not be limited to, areas covered by concrete, asphalt, crushed stone or gravel.
   (G)   All development within the Shore Zone must be in compliance with both state and federal regulations.
(Ord. 1695, passed 11-8-12; Am. Ord. 1722, passed 2-18-14; Am. Ord. 1740, passed 3-12-15; Am. Ord. 1765, passed 2-9-17; Am. Ord. 1792, passed 1-15-20)