(A) Purpose. Building setbacks are regulated for a variety of reasons. The reasons include creating open space and light between structures, reducing fire danger by separating structures, eliminating some of the noise associated with adjacent structures, enhancing the community's quality of life and providing access to the structure by fire and emergency personnel. The restrictions found in this ordinance are intended to address these goals. There are no restrictions on landscaping in this ordinance, but homeowners are encouraged to avoid placing landscaping in setback areas that will adversely affect the ability to achieve these goals, especially the goal of providing access for fire and emergency personnel.
(B) No structure or portion of a structure of any kind shall be permitted in any part of a required yard, either below, at, or above ground level, except as set forth in this section or elsewhere in this Ordinance.
(C) The following may encroach into the required yard so long as such use complies with all other applicable provisions of this Ordinance:
(1) Roofs and gutters may encroach two feet into the required yard.
(2) Utility/service equipment stands defined as elevated decks required to raise electrical and mechanical equipment, including but not limited to HVAC units, electrical meters, and generators above the regulatory flood protection elevation as defined in Article 155.11, may encroach four feet into the required rear and side-yard setback area. Utility/service equipment stands shall be located adjacent to single family and duplex structures as set forth in the following table.
New and Existing Building
| |
Single Family Structure (1 unit) | Maximum length: 30 feet, which can be split between one side and rear yard |
Duplex Family Structure (2 units) | Maximum length: 30 feet can be split between one side and rear yard for each unit. |
(3) Utility/service equipment stands which encroach into the required setback may be accessible by stairs if the following conditions are met:
(a) Utility/service equipment stands stairs shall extend no further than four feet into the required setback.
(b) Utility/service equipment stand stairs shall not encroach into any required setback except that in which the equipment stand for which the steps are accessing is placed. For example, if the encroaching equipment stand is in a side yard setback, the steps permitting access to such stand shall not encroach in the front or rear yard setbacks at either end of the equipment stand.
(c) Utility/service equipment stands stairs shall not be considered in calculating the permitted 30-foot length of the encroaching equipment stand.
(d) If the total length of the utility/service equipment stand is split between one side yard and the rear yard (resulting in two equipment stands), only one set of stairs is permitted for access and the permitted stairs must access the equipment stand immediately adiacent to the power meter.
(e) Non-conforming utility/service equipment stands erected prior to adoption of this ordinance may be repaired or replaced notwithstanding the maximum encroachment as outlined hereinabove: provided that they comply with this ordinance to the extent possible.
(f) The area beneath permitted encroaching utility/service equipment stands and stairs permitting access to such stands may be enclosed but such enclosure must be constructed to be 40% open as required by applicable flood ordinances.
(g) No stairs are allowed leading to the roof of the structure from the utility/service equipment stand.
(4) Vertical outdoor platform lifts defined as a fully powered vertical platform device designed to raise a person or objects in order to overcome a step or similar vertical barrier that does not include or require an enclosure, shaft, or surrounding structure. Vertical outdoor platform lifts do not include traditional enclosed elevators such as those tvpically found within a structure. Vertical outdoor platforms located in a required side or rear yard setback are subject to the following regulations:
(a) Vertical outdoor platform lifts and any associated equipment may encroach up to a maximum of four feet into the side and rear setbacks and may not encroach into the front yard setback. Vertical outdoor platforms and all associated equipment shall not exceed a length of six feet within the required setback.
(b) The total length of vertical outdoor platform lifts and their accompanying equipment shall be included in the cumulative length calculation of utility/service equipment stands. This cumulative length must adhere to the maximum allowable limit specified in 155.2.10(2).
(c) Vertical outdoor platforms lifts shall be limited to one lift per single-family unit or two lifts per duplex.
(d) Vertical outdoor platform lifts located in the side or rear yard setback shall only be permitted on buildings constructed prior to 9-13-2023.
(e) The maximum height of a permitted vertical outdoor platform lift's floor shall not exceed the height of the first livable floor of the structure to which it grants access.
(f) The permitted vertical outdoor platform lift may have an overhead cover attached to the lift itself.
(g) The platform of a permitted vertical outdoor lift shall not exceed 16 square feet.
(h) The height of walls or guardrails for a permitted vertical outdoor lift shall be subiect to building code for residential use.
(5) Arbors may encroach into any required yard on the conditions that:
(a) No stand-alone arbors shall be permitted in the required yards. All arbors shall be part of a fence or wall or contiguous landscaping that serves the same purpose as a fence or wall.
(b) Arbors may be no taller than 7.5 feet.
(c) Arbors may be no more than 12 inches in depth.
(6) Fences may encroach into any required yard so long as they are in conformance with the regulations set forth in Section 155.7.10.
(7) Driveways may encroach within the street frontage yards, provided that they are in conformance with Section 155.2.14.
(8) Driveways, parking, and sidewalks may encroach into the required yards in the P-C, C-2, C-3, C-4, and C-5 Districts in conformance with the applicable district regulations found in Section 155.6.5.
(9) Landscaping, including but not limited to flower beds, planters, tree, etc., may encroach into any required yard. This shall not include gravel, pervious pavers, or impervious pavers, the primary purpose of which is to provide parking. These materials shall be considered as driveways and may encroach into the street frontage yards so long as they are in conformance with Section 155.2.14.
(10) Walkways no more than 36 inches wide elevated no more than six inches above grade composed of pervious materials, including but limited to wood and pervious pavers, provided that they are erected for the sole purpose of providing access to residences, piers, or permitted establishments located on the same property or located adjacent to the same property.
(11) Bulkheads as defined in this Ordinance installed in accordance with Division of Coastal Management Rules and Regulations.
(12) Uncovered stairs and stair landings in pre-FIRM (1970) structures may encroach into the front yard setback in the R-1 zoning district up to a maximum of five feet.
(13) Buried LP gas tanks are allowed in the setbacks and free standing tanks may encroach four feet into the side or rear-yard setback area.
(14) Retaining walls exceeding 30 inches but not exceeding 48 inches above the lowest adjacent grade erected for soil stabilization, support and safety. These walls do not require the involvement of a licensed civil engineer unless their height exceeds 48 inches. In cases where these walls are designed by a licensed civil enqineer to meet State Building Code requirements and are approved by the Town Floodplain Administrator, the property owner must furnish an engineering inspection report and certification to the town upon completion. Retaining walls constructed to protect public beach access sites are exempt from all height restrictions.
(Ord. 1695, passed 11-8-12; Am. Ord. 1797, passed 7-9-20; Am. Ord. 1813, passed 10-8-20; Am. Ord. 1838, passed 3-10-22; Am. Ord. 1840, passed 7-19-22; Am. Ord. 1850, passed 9-13-23)