[Amended 2-15-1980 by Ord. No. 80-6C; 2-18-1983 by Ord. No. 83-2C; 9-5-1986 by Ord. No. 86-20C; 11-4-1984 by Ord. No. 94-38C; 4-21-1995 by Ord. No. 95-12C; 7-18-1997 by Ord. No. 97-16C]
A. Uses and buildings permitted shall be as follows:
(1) Single-family detached dwellings.
(2) Churches and other places of worship and Sunday school
buildings and parish houses.
(3) Public and parochial schools.
(4) Public museums and libraries.
(5) Public utilities structures, but not including storage
and maintenance uses and garages.
(7) Municipal recreational facilities, buildings and grounds.
(8) Home professional offices.
(9) Administration offices and model homes where a development
of 20 or more homes may be built, provided that the activity conducted
therein is limited to the development and is removed upon completion
of the project.
(11)
Accessory uses or buildings.
(12)
Nonprofit community or neighborhood boat docks
or slips, by conditional use permit, provided that the following standards
and conditions are complied with:
(a)
A set of plans, specifications and plot plans
is submitted to the appropriate Board showing all structures within
200 feet, parking areas and driveways for ingress and egress.
(b)
Nothing shall be offered for sale other than
space.
(c)
Lifting devices for launching and recovering
boats shall not exceed a capacity of two tons.
(d)
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board. The appropriate Board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in §
205-57A.
(13)
Buildings used exclusively by the federal, state,
county or local municipal government for public purposes.
(14)
Public utilities structures, including storage
and maintenance uses and garages subject to the approval by the appropriate
board.
B. Prohibited uses and buildings. Any uses not listed in Subsection
A are hereby prohibited.
C. Area and yard requirements.
(1) Every lot in an R-36 District shall have a minimum
width of 60 feet at the street line and a minimum area of 5,000 square
feet.
(2) No principal or accessory building shall be closer
than 20 feet to a street line or existing setback factor.
(3) Lots on the turning circle of culs-de-sac shall comply
with the definition requirements of lot depth and lot width as set
forth herein in this chapter.
(4) Each principal building shall be provided with two
side yards totaling 15 feet in width, the minimum width of one side
yard being not less than four feet; and provided, further, that there
shall be at least 15 feet between two adjacent houses; and provided,
further, the other side yard must have a minimum of nine feet to provide
for a driveway.
[Amended 10-6-2000 by Ord. No. 00-12C; 2-7-2014 by Ord. No. 14-03C]
(5) A principal building may be built to the established building line along the oceanfront, except as set forth in §
205-11.
(6) No accessory building shall be closer than four feet
to any side lot line, and no accessory structure, except pool filters,
air-conditioning units or outside shower facilities, shall be less
than five feet from the adjacent structure on the same lot.
[Amended 10-6-2000 by Ord. No. 00-12C]
(7) All buildings, including single-story accessory buildings,
shall not cover more than 33 1/3% of the lot.
[Amended 3-26-1999 by Ord. No. 99-8C]
(8) In order to ensure a reasonable ratio of open yard
area and enclosed living space to provide for the health, safety and
welfare of residents and further to preserve property values and promote
purposes of zoning, every new dwelling unit shall have a minimum living
space on the first floor of 24 square feet for every 100 square feet
of lot area, up to the first 5,000 square feet of lot, said living
space to be exclusive of porches, garages and accessory structures.
Multistory dwellings shall have a minimum total floor area of 14 square
feet for every 100 square feet up to the first 10,000 square feet
of lot, said living space to be exclusive of porches, garages and
accessory structures.
(9) Each principal building shall be provided with a rear yard as follows:
[Added 9-7-2022 by Ord. No. 22-20C]
(a) No principal building on a lot with a lot depth of less than and
up to and including 75 feet shall be closer than 10 feet to any rear
lot line.
(b) No principal building on a lot with a lot depth of more than 75 feet
and up to and including 80 feet shall be closer than 15 feet to any
rear lot line.
(c) No principal building on a lot with a lot depth of more than 80 feet
shall be closer than 20 feet to any rear lot line.
D. Minimum floor area of residential buildings. In order
to ensure a reasonable ratio of open yard area and enclosed living
space to provide for the health, safety and welfare or residents and
further to preserve property values and promote purposes of zoning,
every new dwelling unit shall have a minimum living space on the first
floor of 19 square feet for every 100 square feet up to the first
3,750 square feet of lot, said living space to be exclusive of porches,
garages and accessory structures. Multistory dwellings shall have
a minimum total floor area of 14 square feet for every 100 square
feet up to the first 10,000 square feet of lot, said living space
to be exclusive of porches, garages and accessory structures.
E. Off-street parking requirements. The off-street parking requirements set forth in §
205-51D shall apply.
[Amended 5-9-2023 by Ord. No. 23-16C]
[Added 8-4-1989 by Ord. No. 89-41C]
A. Uses and buildings permitted shall be as follows:
any retail shopping facility or service establishment which supplies
commodities or performs a service, such as but not limited to a grocery
store, delicatessen, meat market, drugstore, bakery shop, variety
store, antique shop, gift shop, furniture store, restaurant, luncheonette,
barbershop, beauty parlor, clothes, cleaning and laundry pickup establishments,
laundromat, bank, real estate office, business or professional office;
provided, however, that no business use shall display goods for purposes
of sale outside the structure at a distance exceeding five feet from
the exterior wall of the structure.
B. Prohibited uses and buildings. The following buildings,
structures and uses, except such of them as may have been in existence
on November 1, 1968, are specifically prohibited in the Special Commercial
District:
[Amended 7-18-1997 by Ord. No. 97-16C]
(1) Shipbuilding yards or ways.
(4) Fish packing, shipping, canning, processing or storage.
(7) Air fields; landing bases.
(8) Automobile wrecking yards.
(9) Carpet, rag or bag cleaning establishments.
(10)
Any process of manufacture or treatment which
is not clearly incidental to the retail business conducted on the
premises.
(11)
Carousels, roller coasters, merry-go-rounds,
Ferris wheels or other mechanical rides, pony tracks, miniature golf
courses or golf driving ranges.
(14)
Nightclubs.
[Amended 2-7-2022 by Ord. No. 22-02C]
(15)
Any type of business using jukeboxes or record
players with external speakers to attract attention to the business
being conducted within the premises.
(16)
Any business using sidewalk displays or signboards.
(17)
Mobile home and RV parks.
[Amended 7-6-2021 by Ord.
No. 21-20C]
(20)
Any process of assembly, manufacturing or treatment
using power in excess of 25 total horsepower or constituting a nuisance
by reason of odor, smoke or noise.
(21)
Amusement devices or attractions of any sort,
kind or description.
(22)
In addition to the building uses prohibited
above, all residential uses are prohibited.
(23) Trailers and recreational vehicles, except as authorized by Chapter
193.
[Added 7-6-2021 by Ord.
No. 21-20C]
(24) Food trucks, except as authorized by Chapter
195.
[Added 7-6-2021 by Ord.
No. 21-20C]
C. Area and yard requirements. Minimum area and yard
requirements in the Special Commercial Zone shall be determined by
the off-street parking and loading requirements of this chapter, save
no building or structure shall be erected within 20 feet of any adjoining
residential zone; provided, however, that no lot in the Special Commercial
Zone shall be less than one acre with the minimum dimensions of 150
feet.
D. Off-street parking requirements. Off-street parking
requirements in the Special Commercial Zone shall be as follows:
[Amended 7-18-1997 by Ord. No. 97-16C; 12-15-2006 by Ord. No.
06-37C]
(1) For retail business uses and personal service establishments,
there shall be provided 5.5 off-street parking spaces for each 1,000
square feet of floor area devoted to such use.
[Amended 12-3-2010 by Ord. No. 10-54C]
(2) For restaurants and other public eating establishments,
one off-street parking space for each three seats shall be provided.
[Amended 12-3-2010 by Ord. No. 10-54C]
(3) For business and professional offices, banks and fiduciary
institutions, one off-street parking space shall be provided for each
200 square feet of floor area devoted to such use.
[Amended 12-3-2010 by Ord. No. 10-54C]
(4) The off-street parking area may be located on the
same lot as the business building or within a distance of not more
than 150 feet therefrom in the General Commercial Zone.
(5) For
any motion-picture theater or movie theater, one off-street parking
space shall be provided for each eight seats in such theater.
[Added 9-19-2008 by Ord. No. 08-33C]
E. Each business use shall provide off-street loading
space at the side or rear of the building at the rate of one space
(10 feet by 25 feet with adequate ingress and egress) for each 5,000
square feet of floor area or fraction thereof in each building; provided,
however, that this subsection shall not apply to business offices
and professional offices.
[Amended 7-18-1997 by Ord. No. 97-16C]