NOTES TO SCHEDULE A

(1) The minimum front yard setback indicated on Schedule B, "Schedule of Front Yard Setback Depths by Street". Where development is proposed on lots adjacent to a street not listed on Schedule B, the front yard shall be the average setback of the adjacent buildings on the entire block, as determined from a certified survey provided by the applicant/owner.

(2) The minimum required rear yard for existing platted lots less than 100 feet in depth may be reduced as follows: Existing lot depth divided by 100 times the minimum required rear yard equals reduced rear yard. For example: (85/100 x 20 = 17).

(2a) The minimum required rear yard for existing platted lots shall be 25% of the lot's depth.

(2b) The minimum required rear yard for existing platted lots shall be 20% of the lot's depth.

(2c) The minimum required rear yard for existing platted lots shall be 20% of the lot depth for lots without alley access; 25 feet or 25% of lot depth whichever is less for lots with alley access. The rear yard setback required to the enclosed habitable portion of the building may be reduced a distance equal to the distance by which the required front yard setback to the building exceeds ten (10) feet. Nonhabitable building area, such as porches, decks and landings may extend not more than six (6) feet into the required rear yard. In no case shall this rear yard setback be less than seven and one-half (7.5') feet.

(2d) The minimum required rear yard for existing platted lots shall be 25 feet or 25% of the lot depth, whichever is greater.

(2e) The rear yard setback required to the enclosed habitable portion of the principal building may be reduced a distance equal to the distance by which the required front yard setback to the principal building exceeds ten (10' feet. Non habitable building area such as porches, decks and landings may extend not more than six (6) feet into the required rear yard. In no case, however, shall this rear yard setback be less than seven and one-half (7.5) feet.

(3) On corner lots, the minimum side yard requirement shall be met for the interior side yard and the larger side yard dimension shall be provided for the side yard closest to the street.

(4) The minimum lot depth and lot frontage indicated shall be provided except that lots with less than the required depth or frontage at the time of adoption of this Ordinance shall be deemed to be conforming for the purpose of lot depth.

(5) See "Height Limit Map"

(5a) The maximum permitted eave height for the primary or main roof shall be nineteen (19) feet from the top of the first finished floor.

The maximum permitted eave height for a garage that extends toward the street from the principal structure shall be fourteen (14) feet from grade.

Half-story shall mean the uppermost floor under a sloping roof where the line of intersection of the room and wall face is at the floor level and in which the floor area with headroom of five feet (5) or more does not exceed sixty (60%) percent of the area of the floor directly beneath. If on the upper floor the floor area with headroom of five (5) feet or more exceeds sixty (60%) percent, it shall be considered a full story.

Gables and dormer walls in a half-story, whether constructed as part of a garage or the main dwelling, shall be set back from the front wall of the structure a minimum of eighteen (18) inches. This requirement shall also apply to the rear wall of structures located on waterfront lots.

(5b) Maximum first floor elevation shall be five (5) feet 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 (1) foot for every one (1) foot 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 (2) feet above the base flood elevation.

(6) See Height Limits Map.

(7) See Height Limits Map.

(8) For lagoon-front, bay-front and oceanfront lots, the front yard shall be the street side and the rear yard shall be the water side of the lot.

(9) Reserved.

(10) The front yard in the MVH zone shall face the street and shall be a minimum of twenty-five feet (25') on the first floor, twenty feet (20') on the second floor and fifteen feet (15') on the third floor in accordance with subsection 25-205.9.9

(11) The rear yard in the MVH zone shall face the Intracoastal Waterway and shall be a minimum of twenty feet (20') on the first floor, twenty-five feet (25') on the second floor, and thirty feet (30') on the third floor in accordance with subsection 25-205.9.9

(12) First floor shall be required as marine commercial use per Ordinance Section 25-205.9.2a

(13) Parking in the Office and Bank and Drive-in Business zones is permitted in the front yard subject to the provisions of subsection 25-300.12.4d,1 of this Ordinance.

(14) No side yard will be required for nonresidential uses on any floor level. Two (2) side yards of not less than four feet (4') each are required for second or third floor residential uses.

(15) Number of habitable stories and building height in the CB zone may be increased by one (1) additional story not to exceed twelve feet (12') in height inclusive of the height required for the roof, provided that the third story is set back from the front yard setback a minimum of ten feet (10') and provided further that any roof line facing the front yard shall not penetrate an imaginary line formed by an angle of forty-one (41) degrees from horizontal.

(15a) Building height in the CB-1 zone may be increased to three (3) stories, the third story not exceeding twelve (12) feet in height inclusive of the roof, provided that the third story is set back a minimum of ten (10) feet from the required front yard setback, and further provided that any roof facing the front yard shall comply with the dwelling requirements of Section 15-1700.44e of this Ordinance.

(16) Buildings fronting on the boardwalk shall require no setback from the boardwalk. The rear yard in the ON-BD zone shall be the portion of the lot not fronting on the boardwalk.

(17) Percentage of building coverage shall be based on the size of the habitable portion of the principal building line as defined in this Ordinance.

(18) Maximum building height for a principal building in the Ocean City Homes Neighborhood zone.

(19) Maximum building height for an accessory building in the Ocean City Homes Neighborhood zone.

(20) Maximum Permitted Building Coverage and Impervious Coverage shall be regulated based on lot area as follows:

(21) The storm water recharge provisions contained in subsection 25-300.8.2 shall not apply in the Riviera Neighborhood Zones.

NOTE: Schedule B - "Schedule of Front Yard Setback Depths by Streets." (Section 25-209.2)

Schedule C - "Schedule of Side Yard Setbacks." (Section 25-209.3)

"Height Limits Map" (Located at the end of Article 200) (Ord. #99-20, 3; Ord. #00-05, 5; Ord. #00-06, 8; Ord. #02-19; Ord. #02-36, 9; Ord. #03-12, 5)

NOTES TO SCHEDULE (Non-Discrete Residential R-1 Zones):

(1) The minimum required front yard shall be as noted in Schedule B - "Schedule of Front Yard Setback Depths by Street.". Where development is proposed on lots adjacent to a street not listed on Schedule B, the required front yard shall be the average setback of the adjacent buildings on the entire block, as determined from a certified survey provided by the applicant/owner.

(2) The minimum required rear yard for existing platted lots less than 100 feet in depth may be reduced as follows: Existing lot depth divided by 100 times the minimum required rear yard equals reduced rear yard. For example: (85/100 x 20 = 17).

(3) On corner lots, the minimum side yard requirements shall be met for the interior side yard and the larger side yard dimension shall be provided for the side yard closest to the street.

(4) The minimum required lot depth and lot frontage indicated shall be provided, except that lots with less than the required depth or frontage at the time of adoption of this ordinance, shall be deemed to be conforming for purpose of lot depth.

(5) Refer to Height Limits Map.

(6)-(7) Reserved.

(8) For lagoon-front, bay-front and oceanfront lots, the front yard shall be the street side and the rear yard shall be the water side of the lot.

SCHEDULE B-Schedule of Front Yard Setback Depths by Street (Section 25-209.2)

SCHEDULE C-Schedule of Side Yard Setbacks (Section 25-209.3)

HEIGHT LIMITS MAP-May be found at the end of Article 200.

NOTES TO SCHEDULE (Non-Discrete Residential R-2 Zones):

(1) The minimum required front yard shall be as noted in Schedule B - "Schedule of Front Yard Setback Depths by Street." Where development is proposed on lots adjacent to a street not listed on Schedule B, the required front yard shall be the average setback of the adjacent buildings on the entire block, as determined from a certified survey provided by the applicant/owner.

(2) The minimum required rear yard for existing platted lots less than 100 feet in depth may be reduced as follows: Existing lot depth divided by 100 times the minimum required rear yard equals reduced rear yard. For example: (85/100 x 20 = 17).

(3) On corner lots, the minimum side yard requirements shall be met for the interior side yard and the larger side yard dimension shall be provided for the side yard closest to the street.

(4) The minimum required lot depth and lot frontage indicated shall be provided, except that lots with less than the required depth or frontage at the time of adoption of this ordinance, shall be deemed to be conforming for purpose of lot depth.

(5) Refer to Height Limits Map.

(6)-(7) Reserved.

(8) For lagoon-front, bay-front and oceanfront lots, the front yard shall be the street side and the rear yard shall be the water side of the lot.

SCHEDULE B-Schedule of Front Yard Setback Depths by Street (Section 25-209.2)

SCHEDULE C-Schedule of Side Yard Setbacks (Section 25-209.3)

HEIGHT LIMITS MAP-May be found at the end of Article 200. (Ord. #00-05, 4; Ord. #02-19; Ord. #03-12, 5)

NOTES TO SCHEDULE (Residential Bayfront Zone):

(1) The minimum required front yard shall be as noted in Schedule B - "Schedule of Front Yard Setback Depths by Street.". Where development is proposed on lots adjacent to a street not listed on Schedule B, the required front yard shall be the average setback of the adjacent buildings on the entire block, as determined from a certified survey provided by the applicant/owner.

(2) The minimum required rear yard for existing platted lots less than 100 feet in depth may be reduced as follows: Existing lot depth divided by 100 times the minimum required rear yard equals reduced rear yard. For example: (85/100 x 20 = 17).

(3) On corner lots, the minimum side yard requirements shall be met for the interior side yard and the larger side yard dimension shall be provided for the side yard closest to the street.

(4) The minimum required lot depth and lot frontage indicated shall be provided, except that lots with less than the required depth or frontage at the time of adoption of this ordinance, shall be deemed to be conforming for purpose of lot depth.

(5) Refer to Height Limits Map.

(6)-(7) Reserved.

(8) For lagoon-front, bay-front and oceanfront lots, the front yard shall be the street side and the rear yard shall be the water side of the lot.

SCHEDULE B-Schedule of Front Yard Setback Depths by Street (Section 25-209.2)

SCHEDULE C-Schedule of Side Yard Setbacks (Section 25-209.3)

HEIGHT LIMITS MAP-May be found at the end of Article 200. (Ord. #02-19; Ord. #03-12, 5)

NOTES TO SCHEDULE (Residential Lagoon R-1 Zones):

(1) The minimum required front yard shall be as noted in Schedule B - "Schedule of Front Yard Setback Depths by Street." Where development is proposed on lots adjacent to a street not listed on Schedule B, the required front yard shall be the average setback of the adjacent buildings on the entire block, as determined from a certified survey provided by the applicant/owner.

(2) The minimum required rear yard for existing platted lots less than 100 feet in depth may be reduced as follows: Existing lot depth divided by 100 times the minimum required rear yard equals reduced rear yard. For example: (85/100 x 20 = 17).

(3) On corner lots, the minimum side yard requirements shall be met for the interior side yard and the larger side yard dimension shall be provided for the side yard closest to the street.

(4) The minimum required lot depth and lot frontage indicated shall be provided, except that lots with less than the required depth or frontage at the time of adoption of this ordinance, shall be deemed to be conforming for purpose of lot depth.

(5) Refer to Height Limits Map.

(6)-(7) Reserved.

(8) For lagoon-front, bay-front and oceanfront lots, the front yard shall be the street side and the rear yard shall be the water side of the lot.

SCHEDULE B-Schedule of Front Yard Setback Depths by Street (Section 25-209.2)

SCHEDULE C-Schedule of Side Yard Setbacks (Section 25-209.3)

HEIGHT LIMITS MAP-May be found at the end of Article 200. (Ord. #02-19; Ord. #03-12, 5)

NOTES TO SCHEDULE (Residential Lagoon R-2 Zone):c

(1) The minimum required front yard shall be as noted in Schedule B - "Schedule of Front Yard Setback Depths by Street." Where development is proposed on lots adjacent to a street not listed on Schedule B, the required front yard shall be the average setback of the adjacent buildings on the entire block, as determined from a certified survey provided by the applicant/owner.

(2) The minimum required rear yard for existing platted lots less than 100 feet in depth may be reduced as follows: Existing lot depth divided by 100 times the minimum required rear yard equals reduced rear yard. For example: (85/100 x 20 = 17).

(3) On corner lots, the minimum side yard requirements shall be met for the interior side yard and the larger side yard dimension shall be provided for the side yard closest to the street.

(4) The minimum required lot depth and lot frontage indicated shall be provided, except that lots with less than the required depth or frontage at the time of adoption of this ordinance, shall be deemed to be conforming for purpose of lot depth.

(5) Refer to Height Limits Map.

(6)-(7) Reserved.

(8) For lagoon-front, bay-front and oceanfront lots, the front yard shall be the street side and the rear yard shall be the water side of the lot.

SCHEDULE B-Schedule of Front Yard Setback Depths by Street (Section 25-209.2)

SCHEDULE C-Schedule of Side Yard Setbacks (Section 25-209.3)

HEIGHT LIMITS MAP-May be found at the end of Article 200. (Ord. #02-19; Ord. #03-12, 5)