Fenwick Island City Zoning Code
§ 160-4
Residential Zone.
A.
Use regulations. Unless hereinafter provided, no building or premises shall be used and no building or structure shall be hereafter erected, altered or repaired except for one or more of the following uses. No mobile home (manufactured home, as designated by FEMA) as defined in this chapter shall be permitted to be placed or located on any lot within the corporate limits of the Town of Fenwick Island.
[Amended 7-26-1996 by Ord. No. 77]
(1)
One detached dwelling, single-family.
[Amended 5-31-2002]
(2)
Accessory building or private garage and uses incident to the above-mentioned single-family dwelling when located on the same lot and not involving the conduct of a retail or wholesale trade, and including:
(a)
One accessory building, which shall be located not less than seven feet from the side lot line, not less than four feet from the rear lot line, except that in the case of a corner lot it shall be located not less than 15 feet from the side lot line which is adjacent to and abutting the street.
(b)
One private garage.
[1]
When constructed as an integral portion of the main single-family residence structure, the building limit line setback requirements shall be the same as those which apply to the main structure.
[2]
When constructed as a detached garage (separate individual building), it shall be located not less than 60 feet from the front property lot line, not less than seven feet from any rear or side lot line, except that in the case of a corner lot it shall be not less than 15 feet from the side lot line adjacent to the street. The height of the garage shall not exceed 15 feet above existing ground contour level at the garage site location.
(c)
Home occupations, provided that no sign or signs shall be displayed on the premises so used exceeding a total of three square feet in area.
(d)
Professional office when situated in the building used by a practitioner as his or her private dwelling, provided that no nameplate shall be displayed exceeding one square foot in area and containing the name and occupation of the resident of the premises.
(e)
Residential pools.
[Added 5-28-2004]
[1]
The building line setback requirements for pools shall be the same as those which apply to the main structure for that property.
[2]
Every unenclosed portion of a residential pool shall be protected by a continuous safety barrier consisting of county-approved fencing or its equivalent. Fencing which is part of such a required pool safety barrier may be up to six feet. Barriers are not required for hot tubs or spas when a cover is provided.
[Amended 2-22-2013]
B.
Height regulations.
[Amended 7-26-1996 by Ord. No. 77; 4-1-2016; 12-7-2018]
(1)
No building shall exceed a height of 30 feet, except as provided in § 160-8A(2) and § 160-9A(2). Mechanical equipment and any other items attached to or mounted onto a building, with the exception of one residential weather station per house, shall be included in the calculation of a building's height.
(2)
No flagpole shall exceed a height of 32 feet.
(3)
Notwithstanding § 160-4B(1) above, where the principal building has a freeboard of 18 inches to 24 inches above base flood elevation (BFE), the principal maximum building height may be increased by said 18 inches to 24 inches, not to exceed a total building height of 32 feet measured from the highest point of the crown of the road.
C.
Area regulations. The minimum dimensions of yards and the minimum lot area, except as provided in § 160-8, shall be as follows:
[Amended 5-31-2002; 6-23-2006; 7-27-2007; 2-22-2013]
(1)
Lot area. Each dwelling erected after July 11, 1956, in this zone shall occupy a lot with a minimum area of 5,000 square feet and a minimum width of 50 feet at the front building line, except as provided in § 160-8A(3). No lot area shall be so reduced or diminished by this chapter.
(2)
Front building limit line. The building limit line shall be set back from the front property line a minimum of 25 feet.
(3)
Side yard. There shall be a side yard of not less than seven feet in width on each side of a main building, and eaves shall be set back not less than six feet from the side property line, excepting that in the case of a corner lot the side yard adjacent to and abutting the side street shall be not less than 15 feet in width, eaves setback not less than 14 feet from the side property line and further excepting as provided in § 160-6A(3) and (7) of this chapter.
(4)
Rear yard building limit line.
(a)
Rear yard building limit line shall be 20 feet from rear property line.
(b)
In the case where the rear property line extends beyond an established bulkhead, the building limit line shall be 20 feet as measured from the bulkhead.
(c)
In the case where the bulkhead extends beyond the property line, the building limit line shall be measured 20 feet from the property line.
(d)
In the case where the rear property is riprapped, the rear building limit line shall be measured from the established surrounding bulkhead line or the average high water line as determined by the Building Official.
(5)
Any mechanical equipment shall be prohibited in the side yard setbacks. Such equipment shall be allowed to encroach into the rear yard and front yard setbacks to a line not less than 10 feet from the rear property line and to a line not less than 16 feet from the front property line. Mechanical equipment located in any rear or front yard setback shall be screened from view with screening that has openings constituting between 20% and 30% of the total surface area of the screening to provide for the flow-through of air. A detailed design drawing of the mechanical equipment, together with any required screening, shall be submitted with the application for a building permit.
[Added 6-23-2017[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection C(5) and (6) as Subsection C(6) and (7), respectively.
(6)
No dwelling shall be built on a lot or plot which does not front directly on a public street, road or highway.
(7)
Floor area ratio and floor area. For a detached single-family dwelling, the maximum floor area ratio shall be 70% and the maximum floor area shall be 7,500 square feet.
D.
Minimum size of dwelling erected on a lot; valuation thereof. No building erected, maintained or occupied in this zone exclusive of accessory buildings shall occupy less than 750 square feet of a lot nor have a fair valuation of less than $50,000.
E.
With the exception of § 160-4B (height regulations), which shall remain mandatory, the provisions of §§ 160-4 and 160-8E(6) shall not apply with respect to alterations or repairs to existing historic residences if, in the discretion of the Building Official, such alterations or repairs: a) maintain the historic nature of the historic residence, b) are otherwise safe, and c) maintain the original size, dimensions and footprint of the historic residence.
[Added 4-22-2022]