[Added 5-24-2010 by Ord. No. 2010-07 (1079)[1]]
Residence District D shall consist of the area heretofore known
as "Bay Beach Way," being located one street north of the area known
as "Westmont Shores" as depicted on the Zoning Map.
[Amended 12-20-2010 by Ord. No. 2010-17 (1089)]
In Residence District D, no building, structure or premises
shall be used and no building or structure or alteration, enlargement
or extension of the same shall be constructed unless designed, arranged
and intended to be used exclusively for a single-family dwelling.
A single-family dwelling shall contain only one kitchen. A "kitchen"
is defined as a room having a sink and stove or other cooking facilities
that may not be located in any other room. Structures to provide outdoor
cooking facilities containing a grill, sink and/or refrigerator are
permitted but must abide by all applicable dwelling setback and bulk
requirements. Said outdoor cooking structure shall not be enclosed
on any more than two (half) of its sides, and may include a roof or
other overhead enclosure.
Area, yard and building requirements shall be as specified for
this zone in the Schedule of Area, Yard and Building Requirements
annexed hereto and made a part hereof,[1] and the following additional regulations:
A.
No dwelling shall be erected within Residence D unless the front
yard or setback of said building from the property line is at least
20 feet; the side setback is at least six feet from one side and at
least six feet from the other side property line; and the rear setback
is at least 20 feet from the rear property line or bulkhead line,
whichever is closer to the street which runs parallel to the water,
exclusive of any riparian grants.
B.
Height.
(1)
The maximum building height shall be 2 1/2 stories or 30 feet, whichever
is less, and shall contain no more than two floors, over each other,
of living area. That half story of a building under a gable, hip or
gambrel roof, the wall plates of which on at least two opposite exterior
walls shall not be more than two feet above the floor and shall have
a ridge height of six feet or less. The half story above the two floors
of living space shall only be used as storage space or to house mechanical
equipment, such as heat or air conditioning. If a garage is to be
a part of the house, there shall be no more than 1 1/2 stories above
the garage.
[Amended 12-20-2010 by Ord. No. 2010-17 (1089)]
(2)
The height of a building shall be measured from the top of the curb
at the center of the front of the building on which the main entrance
is located. If there is no curb in front of the building, the building
height shall be measured from the height of the crown of the center
of the road at the center of the front of the building on which the
main entrance is located.
(3)
The maximum building height of the habitable portions of the following
buildings shall be 2 1/2 stories or 28 feet, whichever is less, measured
from the top of the sill plate for Zone-A-type construction to the
highest point of the building; and from the top of the lowest horizontal
structural member for V-type construction to the highest point of
the building. Buildings shall contain no more than two floors, over
each other, of living area. That half story of a building under a
gable, hip or gambrel roof, the wall plates of which on at least two
opposite exterior walls shall not be more than two feet above the
floor and shall have a ridge height of six feet or less. The half
story above the two floors of living space shall only be used as storage
space or to house mechanical equipment, such as heat or air conditioning.
Attached garages are permissible but shall not be used or considered
as living area.
[Added 2-19-2013 by Ord. No. 2013-03 (1118); 10-7-2013 by Ord. No.
2013-09 (1124)]
(b)
For buildings which are repaired or reconstructed after the effective date of this section as a result of damage of any origin sustained by a building whereby the cost of restoring the building to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred and which buildings are constructed or reconstructed so as to comply with any minimum base flood elevation as established by the Federal Emergency Management Agency or as established in Chapter 31, whichever is more restrictive;
(c)
For new construction or reconstruction for which a permit is issued after the effective date of this section and which new construction or reconstruction is constructed so as to comply with any minimum base flood elevation as established by the Federal Emergency Management Agency or as established in Chapter 31, whichever is more restrictive.
(4)
Any
building which is built, elevated or reconstructed after the effective
date of this section in order to meet or exceed a minimum base flood
elevation level and which is located on any lot in an "A" Advisory
Base Flood Elevation Area established by the Federal Emergency Management
Agency may include up to two feet of freeboard between the minimum
base flood elevation and the finished floor of the lowest habitable
area of any building. In the event that additional freeboard over
two feet is added to the structure to meet or exceed such minimum
base flood elevation level, then such additional freeboard over two
feet shall be deducted from the habitable area of the building measured
from the top of the sill plate for Zone-A-type construction to the
highest point of the building.
[Added 2-19-2013 by Ord. No. 2013-03 (1118)]
(5)
No building listed in § 90-50B(3)(a) through (c) built, elevated or reconstructed after the effective date of this ordinance and which is located on any lot in a "V" Advisory Base Flood Elevation Area established by the Federal Emergency Management Agency shall be permitted to include any freeboard between the minimum base flood elevation and lowest horizontal structural member unless such additional freeboard shall be deducted from the habitable area of the building measured from the top of the lowest horizontal structural member to the highest point of the building.
[Added 2-19-2013 by Ord. No. 2013-03 (1118)]
C.
Maximum lot coverage.
(1)
For purposes of this chapter, the primary lot coverage in all residential
districts shall be called structure coverage and shall consist of
all building areas and permanent structure areas that exist at 18
inches or above, measured from the top of the curb at the midpoint
of the front property line. On properties where there is no curb,
the height of any buildings or structures shall be measured from the
center line or crown of the road. The structure coverage of all building
areas and structure areas on a property shall not exceed 37% of the
area of the lot.
[Amended 12-20-2010 by Ord. No. 2010-17 (1089)]
(2)
There shall also be a secondary lot coverage that shall be called
ground coverage and shall include all impervious material below 18
inches above the adjacent grade. Ground coverage shall include the
combination of all walkways, driveways, patios, pavers, or similar
structures at ground level or up to 18 inches above the adjacent grade.
Ground coverage shall not include the area occupied by any private
in-ground swimming pool or in-ground hot tub. Where pavers are installed,
an environmentally beneficial pavement design to reduce stormwater
runoff through infiltration, such as UNI Eco-Stone® or similar
products, shall be used. Waterproof grout or waterproof sand in conjunction
with the installation of pavers shall be prohibited.
[Amended 12-4-2017 by Ord. No. 2017-18(1178)]
(3)
Property owners may choose to reduce the structure coverage to increase
the ground coverage, but the total coverage shall not exceed 57% nor
shall structure coverage exceed 37%.
(4)
For elevated buildings as defined in § 31-5 elevated after the effective date of this section; buildings which are repaired or reconstructed after the effective date of this section as a result of damage of any origin sustained by a building whereby the cost of restoring the building to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred, and which buildings are constructed or reconstructed so as to comply with any minimum base flood elevation applicable to the particular lot; or, for new construction or reconstruction for which a permit is issued after the effective date of this section, and which new construction or reconstruction is constructed so as to comply with any minimum base flood elevation applicable to the particular lot, primary lot coverage shall be increased to 38% in order to accommodate additional steps which may be required to meet minimum code requirements for ingress and egress. All other applicable provisions provided in § 90-50C(1) and (2) shall apply. Property owners may choose to reduce the structure coverage to increase the ground coverage, but the total coverage shall not exceed 57% nor shall structure coverage exceed 38%.
[Added 2-19-2013 by Ord. No. 2013-03 (1118)]
D.
No building overhang shall extend into the required side or rear
yard setback areas by more than two feet or into the required front
yard setback by more than one foot. Steps above the ground level shall
be at least five feet from the side property line.
E.
No curb cut shall exceed 12 feet in width at the curbline, except
that a curb cut of up to 20 feet in width at the curbline shall be
permitted at those premises on which a two-car garage is located if
the front wall of the garage is set back not more than 40 feet from
the curb adjacent to the premises. No more than one curb cut shall
be allowed for each building lot.
F.
No building shall be erected on any lot within Residence District D unless such lot shall have a minimum average lot width of 40 feet and a minimum lot depth of 100 feet. For the purposes of this subsection, average lot widths shall be determined by taking the distance between the side lot lines measured at the front building line. Building on an undersized lot, a lot that does not meet the required lot width and/or lot depth as provided above, must comply with all provisions contained in this article and § 90-84.
[Added 12-20-2010 by Ord. No. 2010-17 (1089); amended 12-22-2014 by Ord. No.
2014-10 (1135)]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
[Added 2-19-2013 by Ord. No. 2013-03 (1118)]
A.
On any
nonconforming undersized lot existing as of the date of the adoption
of this chapter, the construction, erection, alteration or expansion
of any building that is a permitted use shall be permitted, provided
that after such construction, erection, alteration or expansion the
total lot coverage of all buildings on said lot shall not exceed 37%,
and further provided that such construction, erection, alteration
or expansion complies with all other provisions of the Zoning Ordinance
and Building Code.[1]
B.
On any nonconforming undersized lot existing as of the date of the adoption of this chapter, for elevated buildings as defined in § 31-5 elevated after the effective date of this section; buildings which are repaired or reconstructed after the effective date of this section as a result of damage of any origin sustained by a building whereby the cost of restoring the building to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred, and which buildings are constructed or reconstructed so as to comply with any minimum base flood elevation applicable to the particular lot; or, for new construction or reconstruction for which a permit is issued after the effective date of this section, and which new construction or reconstruction is constructed so as to comply with any minimum base flood elevation applicable to the particular lot, primary lot coverage shall be increased to 38% in order to accommodate additional steps which may be required to meet minimum code requirements for ingress and egress.
If any structure existing as of the date of the adoption of
this chapter violates setback or height requirements and proposed
new additions or alterations do not create new or extend or increase
any existing zoning or setback violations, such additions or alterations
shall be permitted to be made without the necessity of obtaining a
variance, provided that the following conditions are met:
Sign requirements shall be as specified in § 90-25 of this chapter.
A lot improved with a single-family residential dwelling shall
have provided thereon indoor or outdoor parking facilities for at
least two cars, together with an appropriate driveway for access thereto.
