§ 62-2121. Special setback and access interval requirements; projections into required setback.

(a)

Setback requirements for seawalls. No construction shall be permitted within ten feet of any seawall or bulkhead, excluding a screen enclosure, landscaping retaining wall not to exceed 36 inches in height, or private boat pier or slip as an accessory use if permitted under the applicable zoning classification. Construction within setbacks from all surface water bodies shall also be consistent with article X, division 3, of this chapter, pertaining to surface water protection.

(b)

Setback and use restrictions for class I, class II and class III waters. Setbacks from class I, II and III waters shall be regulated by the provisions found in article X, division 3, of this chapter, pertaining to surface water protection.

(c)

Construction setback on oceanfront property. Coastal construction building setbacks from the Atlantic Ocean on oceanfront property shall be governed by the provisions of article XII of this chapter.

(d)

Buildings for public assemblage. Buildings for public assemblage in areas other than commercial or industrial zoning classifications wherein provisions are made for 25 or more persons to assemble in one room, such as auditoriums, churches, clubs, amusement park structures, etc., shall be located no closer than 25 feet to any property line which abuts on a public highway or alley, or 50 feet to any property line abutting a lot under different ownership than that on which the structure is to be placed.

(e)

Projections into required setback. Certain appurtenances shall be permitted to be located within required setback areas subject to the following criteria:

(1)

Stairs, fire escapes, and chimneys may project no more than four feet into the required side or rear setback.

(2)

Wing walls or other structural extensions from the primary structure, including planting boxes, may project into any required setback as long as they are four feet or less in height.

(3)

Roof overhangs of four feet or less may project into any required setback.

(4)

Elevated or cantilevered sun decks or balconies may project into the setback toward the water where the property is adjacent to a major water body.

(5)

Air conditioning units and permanently installed whole house or back up generators may project no more than four feet into the required side or rear setback and are not subject to separation distances between structures. Pool pumps and equipment, irrigation pumps and equipment and other electrical or mechanical appliances and equipment accessory to residential use are not structures and are not subject to setbacks or separation distances between structures.

(Code 1979, § 14-20.47; Ord. No. 97-49, § 19, 12-9-97; Ord. No. 05-40, § 12, 8-23-05; Ord. No. 05-50, § 1, 10-11-05)