SCHEDULE C
This schedule of side yard setbacks shall apply to all lots located within the following zones: R-1, R-2, R-MF, R-B, R-MB, R-L-1, R-L-2, R-O-1, R-O-2, DB, NB, NB-1, O&B, ON-BD, OFF-BD, MVH, and P, Bay Landings, Bayou, Bayview, Bay West, Gardens, Merion Park, Neel, North End, Revere Place, and Riviera Neighborhood Zones.
This schedule of side yard setbacks in the OCHR Zone shall apply to the principal structures as follows:
The "Old City Overlay Zone" is hereby created. The purpose of the Old City Overlay Zone is to provide incentives to attract high quality residential development that is consistent with the character of the historical center of Ocean City. The provisions contained herein are the products of specific recommendations contained within the 1995 Master Plan Reexamination Report and as further amended by the 2001 Master Plan:
a. Within the North to 15th Street area zoning should encourage replacement of functionally obsolescent structures where parking can be provided on site.
b. Design standards in residential zones should be flexible enough to encourage creativity, to encourage architectural interest and to meet the needs of a changing market.
c. The objectives of the historic district need to be further encouraged through review, guidance and regulation where necessary.
The Old City Overlay Zone shall be defined by the following boundaries:
North: Beginning at the intersection of the centerlines of North Street and the alley between Asbury Avenue and West Avenue, then southeast along the centerline of North Street to the intersection of the centerline of Ocean Avenue.
East: Beginning at the intersection of the centerline of North Street and Ocean Avenue, then southwest along the centerline of Ocean Avenue to the intersection of the centerline of 3rd Street, then southeast along the centerline of 3rd Street to the intersection of, the centerline of the alley between Atlantic Avenue and Ocean Avenue, then southwest along the centerline of the alley to the intersection of the centerline of 4th Street then southeast along the centerline of 4th Street to the intersection of the centerline of Atlantic Avenue, then southwest on that line to the intersection of the centerline of 9th Street, then northeast on 9th Street to the centerline of Ocean Avenue, then southwest on Ocean Avenue to the intersection of the centerline of 15th Street.
South: Beginning at the intersection of the centerline of Ocean Avenue and 15th Street, then northwest on 15th Street to the intersection of the centerline of Bay Avenue.
West: Beginning at the intersection of the centerline of 15th Street and Bay Avenue, then northeast along Bay Avenue to the centerline of Revere Place to the centerline of Aldrich Road, then northeast along the centerline of Aldrich Road to the centerline of 8th Street to the centerline of Haven Avenue, then northeast along the centerline of Haven Avenue to 6th Street, then northwest along the centerline of 6th Street to the centerline of Bay Avenue, then northeast along Bay Avenue to the centerline of 5th Street, then southeast along 5th Street to the centerline of the alley between West Avenue and Asbury Avenue, then northeast along the alley to the centerline of North Street to the place of beginning. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, §19; Ord. #04-13, §4)
In order to utilize the standards contained herein, all proposed development shall meet all the following qualifications. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, §19)
25-210.1.1 Old City Overlay Zone.
Buildings shall be a single- or two-family dwelling located within the Old City Overlay Zone. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, § 19)
25-210.1.2 Front Porch.
Buildings shall have first floor front porches. In the case of a corner lot, both frontages shall have a porch, which may be one (1) continuous porch. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, §19)
25-210.1.3 Front Steps.
Buildings shall have front steps that connect the first habitable floor to the street level. Buildings on lots without alley access are encouraged to have front steps, but are not required to have them. Corner lots shall have front steps on at least one (1) of the frontages. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, § 19)
25-210.1.4 Visual Screening.
All carport or garage areas shall be visually screened with an architectural element. Vegetative screening alone is not an acceptable method. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, § 19) .
25-210.1.5 Vegetative Groundcover.
All areas of a lot that are not utilized for building, parking or pedestrian access shall be planted with grass or other vegetative groundcover. Areas planted with native plant species will not require an irrigation system. An underground irrigation system is required for all landscaped areas planted with non-native species. Gravel, stones or crushed shells may only be used as permitted in Section 25-1700.45. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, §19)
25-210.1.6 Street Shade Trees.
If not already existing, a minimum of two (2) street shade trees (twelve to fourteen feet (12'-14') in height, two to two and one-half inches (2"-2 1/2") caliper shall be planted on each street frontage. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, §19)
25-210.2.1 Lot Area.
Refer to the underlying zoning district regulation for the minimum requirements. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, §19)
25-210.2.2 Lot Width.
Refer to the underlying zoning district regulation for the minimum requirements. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, §19)
25-210.2.3 Front Yard.
Refer to Section 25-209.2 Schedule B: SCHEDULE OF FRONT YARD SETBACKS BY STREETS.
a. Permitted Deviations in Front Yard.
1. Nonhabitable building area, such as non-enclosed covered porches and decks, may extend into the required front yard not more than six feet (6'), provided that no porch or deck shall be constructed any closer than four feet (4') to the front property line or right-of-way line. Unroofed porches or decks may not utilize this standard., This ,permitted deviation shall be reduced by one foot (1') for every additional foot of elevation that is required to elevate the first habitable floor above the maximum elevation pursuant to subsection 210.2.8a in order to comply with the requirements of the Flood Insurance Rate Maps.
2. Steps and landings shall be permitted to extend to a point that is six inches (6") from the front property line or right-of-way, but shall not extend past the nearest edge of the existing sidewalk or sidewalk line established for the subject block. This permitted deviation shall be reduced by one foot (1') for every additional foot of elevation that is required to elevate the first habitable floor above the maximum elevation pursuant to subsection 210.2.8a in order to comply with the requirements of the Flood Insurance Rate Maps.
3. Architectural decoration.
4. Architectural projections of the habitable portion of the building may extend into the front yard no more than eighteen inches (18").
5. Architectural projections shall not exceed a total length that is one-third (1/3) of the width of the facade.
6. Roof eaves of the habitable portion of the building may extend into the front yard no more than three feet (3').
7. Roof eaves of the nonhabitable portion of the building may extend into the front yard no more than eighteen inches (18"). (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, § 19)
25-210.2.4 Rear Yard.
The minimum requirement is fifteen feet (15').
a. Permitted Deviations in Rear Yards.
1. Architectural decoration.
2. Architectural projections of the habitable portion of the building may extend into the rear yard no more than eighteen inches (18").
3. Architectural projections shall not exceed a total length that is one-third (1/3) of the width of the rear elevation.
4. Roof eaves of the habitable portion of the building may extend into the rear yard no more than three feet (3').
5. Roof eaves of the nonhabitable portion of the building may extend into the rear yard no more than eighteen inches (18").
6. Nonhabitable building area, such as covered porches, decks and landings may extend not more than seven and one-half feet (7.5') into the required rear yard. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, § 19)
25-210.2.5 Side Yard.
The minimum requirements are based on the lot width as follows:
Permitted Deviations in Side Yards.
1. Chimneys may extend no closer than three feet (3') to the side property line.
2. Roof eaves may extend no closer than two and one-half feet (2.5') of the side property line where the side yard is at least four feet (4').
3. Roof eaves may extend no closer than three feet (3') of the side property line where the side yard is at least five feet (5').
4. Architectural decoration.
5. Architectural projections may extend no closer than three feet (3') of the side property line where the lot width is less than forty feet (40'). Said projections) may not exceed a total length that is greater than fifteen percent (15%) of the lot depth. Chimneys, or the full length or depth of a garage wall are not considered architectural projections.
6. Architectural projections may extend no closer than four feet (4') of the side property line where the lot width is forty feet (40') or more. Said projections) may not exceed a total length that is greater than fifteen percent (15%) of the lot depth. Chimneys are not considered architectural projections. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, §19; Ord. #b4-13, §4)
25-210.2.6 Lot Depth.
Refer to the underlying zoning district regulation for the minimum requirements. (Ord. #97-32, §3; Ord. #02-19; Ord. #02-29, §19)
**Webmasters Note: The previous sections, the chart pertaining Corinthian and Stenton Place Neighborhood through 25-210.2.6, have been amended as per Supplement No. 2.
25-210.2.7 Floating Building Envelope.
The habitable building area envelope may be shifted forward or backwards within the lot provided that any decrease in yard space at one (1) end is matched by an equal increase at the other end. The minimum permitted rear yard under this scenario shall be seven and one-half feet (7.5'). The floating envelope may not be employed to extend the minimum front yard beyond the existing average front setbacks of the adjacent buildings. Buildings on lots that front on the ocean or bay, as well as those that front on streets that are cross-island, may not utilize this provision. (Ord. #97-32, 3; Ord. #02-19; Ord. #02-29, 19)
25-210.2.8 Building Height.
The maximum permitted building height shall be thirty-three feet (33') with two (2) habitable stories in the Old City Overlay Zone. If Old City Overlay Standards (Section 25-210. 1) are utilized, the building height shall be a maximum of thirty-five feet (35') with two and one-half (2.5) habitable stories.
a. Maximum first floor elevation shall be five feet (5') above the lot elevation for buildings on lots that have alley access. This height shall be maintained for the front one-third (1/3) of the habitable building length as measured from the street side to the alley side.
However, the height of the first habitable floor may be increased by one foot (1') for every one foot (1'), or portion thereof, necessary to elevate the first floor in order to comply with the minimum elevation as required by the Flood Insurance Rate Maps. The finished floor elevation shall be a minimum of two feet (2') above the base flood elevation.
b. Maximum eave height for the primary or main roof shall be twenty-one feet (21') as measured from the first habitable floor elevation.
c. Pitched roofs shall not exceed an angle of twelve feet (12') of vertical rise in twelve feet (12') of horizontal run.
d. Flat roofs shall not exceed a height of two feet (2') above the bottom edge of the roof eave.
e. Dormers shall not exceed a height of eight feet (8') above the bottom edge of the primary or main roof eave as measured to the roof eave of the dormer.
f. Dormers shall not extend beyond the required yard setbacks and shall not be located closer than five feet (5') to either end of the primary or main roof.
g. Ridge height of any dormer shall not exceed the ridge height of the primary or main roof. (Ord. #97-32, 3; Ord. #99-20, 4; Ord. #02-19; Ord. #02-29, 19)
25-210.2.9 Habitable Stories.
Conforming residential uses shall be permitted to have up to two and one-half (2.5) habitable stories of living space. (Ord. #97-32, 3; Ord. #02-19; Ord. #02-29, 19)
25-210.2.10 Building Coverage-Buildings on Lots with Alley Access.
Buildings shall not exceed forty percent (40%) of the lot area. Nonhabitable building area does not count towards this requirement. (Ord. #97-32, 3; Ord. #02-19; Ord. #02-29, 19)
25-210.2.11 Building Coverage-Buildings on Lot without Alley Access.
Buildings shall not exceed fifty-five percent (55%) of the lot area. Nonhabitable building area does not count towards this requirement. (Ord. #97-32, 3; Ord. #02-19; Ord. #02-29, 19)
25-210.2.12 Impervious Surface Coverage.
Impervious surface coverage shall not exceed sixty-five percent (65%) of the lot area. Nonhabitable building area does count towards this requirement. (Ord. #97-32, 3; Ord. #02-19; Ord. #02-29, 19)
25-210.2.13 Corner Lots.
Corner lots shall have two (2) front yards, one (1) side yard and one (1) rear yard for the purposes of establishing the building envelope. (Ord. #97-32, 3; Ord. #02-19; Ord. #02-29, 19)
25-210.2.14 Reserved.
25-210.2.15 Parking Requirements.
The following minimum parking requirements within the Old City Overlay District shall be met in the case of new construction or construction that results in the creation of additional habitable floor area:
(Ord. #97-32, 3; Ord. #02-19; Ord. #02-29, 19)
25-210.2.16 Garage Access for Buildings on Lots without Alley Access.
Garage space shall be subject to the same required yard space as the habitable building area. However, garages that are fully enclosed with doors that are designed in a manner that integrates them with the architecture of the building may extend to within two feet (2') of the yard setbacks for the nonhabitable building area, provided, however, that the garage is set back at least two feet (2') from the front edge of the front porch. (Ord. #97-32, 3; Ord. #02-19; Ord. #02-29, 19)
25-210.2.17 Documentation.
Prior to issuance of a certificate of occupancy, an applicant shall provide the following documents to the City Division of Code Enforcement:
a. An approved as-built survey, with a sheet size not exceeding eleven by seventeen inches (11" x 17").
b. At least four (4) 4" x 6" (min.) photographs of the finished construction, each showing one of the four (4) sides of the building.
These documents shall be forwarded to the Division of Planning and Community Development along with a copy of the signed zoning permit and the signed certificate of occupancy. (Ord. #97-32, 3; Ord. #02-19; Ord. #02-29, 19)
