§ 55-10. Setbacks for buildings and
structures in the residencetial
dwellings
and business buildingsdistricts.
[Amended
A.
Interior lotted areas. No part of any building or structure in the
residence district, including permitted non-residential buildings and
accessorial structures such as decks, open porches and swimming pools, residential dwelling, including
accessorial structures, such as decks, open porches and private aboveground
swimming pools, shall be erected or altered in the
interior lotted areas within twenty (20) feet of the front line and within
fifteen (15) feet of the side and rear lines of a building plot, other than
walks of not more than six (6) feet in width for access to village walks;
bicycle racks; one (1) platform or enclosure for storage of garbage containers
not to exceed twenty-five (25) square feet in area and to be set back at least
two (2) feet and not more than three (3) feet from the adjacent village walk,
and, if enclosed, the height of such enclosure not to exceed three (3) feet
above the level of the adjacent village walk or four (4) feet in height above
ground level; and a sewerage tank which shall be not less than ten (10) feet
from the rear line of a building plot and not less than sixteen (16) feet from
any water supply. The term "front line" on the interior lotted area
shall mean that part of a building plot which abuts upon the north-south walks
of the village, except in the case of parcels which abut upon both north-south
and east-west walks of the village, whereupon the land abutting both walks
shall constitute front lines, and no part of any residential building or
structure in the residence district, including permitted non-residential buildings
and accessorial structures such as decks, open porches
and swimming pools, shall be erected or alteredstructure, including ancillary
structures, decks and open porches , shall be erected within
twenty (20) feet of such walks.
B.
Bayfront and oceanfront areas. No part of any building or
structure in the residence district, including permitted non-residential
buildings and accessorial structures such as decks, open porches and swimming
pools,No part of any residential dwelling, including
accessorial structures, such as decks, open porches and private,
aboveground swimming pools, shall be erected or altered in the
bayfront area within twenty (20) feet and in the oceanfront area within forty
(40) feet of the front line and within twenty (20) feet of the line abutting
any village walk, and within ten (10) feet of all other lines of a building
plot, other than walks of not more than six (6) feet in width for access to
village walks, bicycle racks, one (1) platform or enclosure for the storage of
garbage containers, as defined in §
55-10A, and a sewerage tank which shall be not less than fifteen (15) feet from
the rear line of a building plot and not less than sixteen (16) feet from any
water supply.
(1)
The term "front line" in the bayfront area shall
mean that side of a building plot which abuts on Bay Promenade as the same may
be extended hereafter. The term "front line" in the oceanfront area
shall mean the dune crest line. The term "dune crest line" in the
oceanfront area shall be a line drawn parallel to the northerly boundary line
of the plot from a point established as the highest median elevation above sea
level encompassed by the building plot. The dune crest line shall be confirmed
by a licensed surveyor and so indicated on the plot survey attached to the
application for a building permit, and shall reflect the physical location of
the crest of the dune as of the date of such survey.
(2)
No boardwalks, decks, stiles, steps or other similar
structures shall hereafter be erected, altered or maintained to permit entrance
or egress from oceanfront area building plots to the beach strand, except when
erected by the Village as natural extensions of dedicated village walks.
C.
Unlotted acreage. No part of any building or
structure in the residence district, including permitted non-residential
buildings and accessorial structures such as decks, open porches and swimming
poolsNo part of any residential dwelling, including
accessorial structures, such as decks, open porches, private, aboveground
swimming pools and sewerage tanks, hereafter erected or altered in
the unlotted acreage shall encroach within twenty (20) feet of the boundary
lines of building plots other than a walk of not more than six (6) feet in
width for access to village walks, bicycle racks, and one (1) platform or
enclosure for the storage of garbage containers, as defined in § 55-10A.
D.
No part of any business building or structure in the
business district, including ancillary structures, decks and open
porches, but excluding walks not more than ten (10) feet in width for access to
village walks and bicycle racks, shall hereafter be erected or altered within
twenty (20) feet of the front lot line, which, in the case of interior lotted
areas, shall mean the north-south walks and, in the case of building plots on
Bay Promenade, shall mean both the north-south walk and Bay Promenade, and
within fifteen (15) feet of the side and rear lines of a building plot.
Sewerage tanks shall not be less than ten (10) feet from side or rear lines of
a building plot and not less than sixteen (16) feet from any water supply line.
[Amended
E.
Fences. [Added
(1)
Permitted fences other than those erected for purposes of
protecting an area used for cultivation or recreation may be erected along the
front, sides or rear of a building plot at any point from the property line to
the setback line described in the appropriate subsection of this section.
(2)
Permitted fences erected for purposes of protecting an area
used for cultivation or recreation may be erected along the front, sides or
rear of a building plot at any point no closer to the property line than
one-half (1/2) the distance between such line and the setback line described in
the appropriate subsection of this section.
F.
Privacy screens. A privacy screen otherwise conforming to
the building requirements set forth in § 55-19 of the Village Code may be
erected along the front, sides or rear of a building plot at any point no
closer to the property line than one-half (1/2) the distance between such line
and the setback line described in the appropriate subsection of this section.
[Added
§ 55-11. Maximum plot occupancy. [Added
A.
In the lotted areas, no part of any building or
structure in the residencetial or business structuresdistricts,
including accessorial structures, such as decks, open porches and private,
aboveground swimming pools, wherever located, but excluding one (1) access walk
not more than six (6) feet in width, extending from a village walk to the
nearest construction of the building plot; and one (1) open platform for
parking bikes, not exceeding sixty-four (64) square feet in area; and one (1)
platform or enclosure abutting a village walk for storage of garbage
containers, such platform or enclosure not exceeding twenty-five (25) square
feet in area, hereinafter erected or altered shall occupy in excess of thirty
percent (30%) of such plot, and not more than twenty percent (20%) of the
building plot up to a maximum of one thousand eight hundred (1,800) square feet
may consist of enclosed areas, such enclosed areas to include any permitted
swimming pool roofed by a permanent structure.
B.
In unlotted areas where any structure is hereafter erected
or altered in an unlotted area, the same provisions shall apply as in
subsection A above, except that, as a further limitation, the total plot
coverage shall not exceed twenty-five percent (25%) of such plot, and not more
than sixteen and two-thirds percent (16 2/3%) of the building plot up to a
maximum of one thousand eight hundred (1,800) square feet may consist of
enclosed areas, such enclosed areas to include any permitted swimming pool
roofed by a permanent structure.
§ 55-13. Maximum height of buildings and structures in the residencetial dwellings and business structuresdistricts.
[Added
A.
No structure shall hereafter be substantially improved or
erected to a height which shall exceed the maximum
height as that phrase is defined in this subdivision A. of Chapter
55-13. Maximum height as used in this code, shall mean at the option of a
permit applicant, either (I) the greater of twenty-seven feet measured
minimally from the average of the four corner elevations or by using as many
additional elevation points as the building inspector may require to reflect
the average grade, to the peak of the roof of such structure, or (ii) the sum
of twenty-three feet, plus the Benchmark
level as defined in chapter 28. Maximum height shall be measured to the
highest point on the roof of such structure, excluding stacks, chimneys and
antennas.
B.
Irrespective of the permit applicant’s choice of
measurement standard of clause (I) or (ii) of the foregoing subdivision A of
this Chapter 55-13, the applicant shall comply with elevation standards of
section 28-17 or section 28-18 of this code as may be applicable.
C.
Satellite, earth station or dish antennas may not
be erected on the roof of any dwelling or business structure within the
village. All such Installations must be erected at ground level, adequately
anchored and protected on all four (4) sides by a suitable louvered or palisade
fence not to exceed eight (8) feet in height. Such dish antennas and fenced
enclosures must adhere to the normal building setback restrictions as
established by § 55-10A, B and C. A building permit will be required for all
such installations. [Added 7-15-1983 by L.L. No. 9, 1983]Section
Deleted
D.
Radio, and television and satellite
dish antennas.. Up to a
maximum of two Television Television and FMor FM
antennas of the normal dipole type, and up to a
maximum of two satellite dish antenna of a maximum
diameter of 30 inches may
be erected on the roof of any structure, provided that the supporting mast does
not exceed four (4) feet in height above the peak or highest elevation of the
roof structure as established by § 55-13 of this chapter. [Added
E.
Citizen band, amateur radio or marine frequency
transmitting and receiving antennas may be erected on the roof or chimney of
any structure, provided that the lead-in base of such antennas is located not
more than two (2) feet above the peak or highest elevation of the roof
structure as established by § 55-13 of this chapter. [Added