(a)

In order to implement the policies and objectives stated in the City's comprehensive plan, and to provide for the planned and orderly use and development of land within the City, all land within the City is hereby classified within one of the following use districts:

(1)

SR-1 single-family residential district;

(2)

SR-2 single-family residential district;

(3)

SR-3 single-family residential district;

(4)

LC limited commercial district;

(5)

GC-1 general commercial district;

(6)

GC-2 general commercial district;

(7)

GC-3 general commercial district;

(8)

PDD planned development district; and

(9)

CO conservation district.

(b)

Unless otherwise stated in this chapter, within each district, the regulations set forth herein shall apply uniformly to each class or kind of structure, land or use.

(Ord. No. 2015-15, § 1, 2-23-2016)

In addition to all other applicable requirements of this chapter and other City ordinances, the requirements for the SR-1 district are as follows:

(1)

Purpose. The purpose of the SR-1 single-family residential district is:

a.

To provide for quiet, low-density residential neighborhoods on comparatively large lots.

b.

To discourage unwarranted encroachment by prohibiting commercial uses and to prohibit other uses which would interfere with the development or continuation of single-family use.

c.

To encourage the cessation of nonconforming uses.

d.

to discourage uses which would generate traffic on minor streets other than required to serve residences on those streets.

e.

To maintain the integrity of established residential neighborhoods, and to minimize the disruption of existing residential patterns by the scattered development of comparatively large residential lots.

(2)

Permitted uses. Permitted uses in the SR-1 single-family residential district shall be:

a.

Detached, single-family dwelling.

b.

Residential accessory uses.

(3)

Permitted special exceptions. Permitted special exceptions in the SR-1 single-family residential district shall be:

a.

Elementary and secondary schools offering general education courses.

b.

Church, synagogue, or other place of worship.

c.

Group dwellings.

d.

Golf courses.

e.

Home occupations meeting the requirements of section 5-4-44.

f.

Public utility and municipal uses satisfying the special exception requirements set forth in subsection (9) of this section.

(4)

Conditional uses. Public utility and municipal uses satisfying the conditional use requirements set forth in subsection (9) of this section shall be conditional uses in the SR-1 single-family residential district.

(5)

Minimum lot requirements. Minimum lot requirements in the SR-1 single-family residential district are as follows:

a.

Lot area: thirty-five thousand (35,000) square feet of contiguous highland.

b.

Lot width: seventy feet (70') measured at building line.

c.

Lot depth: one hundred ten feet (110').

d.

Lot frontage: sixty feet (60') on a public or private street; thirty feet (30') on a public or private cul-de-sac.

Vehicle access to the lot from a public or private street shall be provided within the required lot frontage.

(6)

Minimum yard requirements. Minimum yard requirements in the SR-1 single-family residential district are as follows:

a.

Front yard: thirty feet (30').

b.

Side yard: ten feet (10').

c.

Rear yard: thirty feet (30').

Exception: minimum yard requirements for lots with an area less than seventeen thousand five hundred (17,500) square feet.

a.

Front yard: twenty-four feet (24').

b.

Side yard: ten feet (10').

c.

Rear yard: twenty-four feet (24').

(7)

Maximum height. Maximum height in the SR-1 single-family residential district shall be forty feet (40').

(8)

Double frontage lots. Double frontage lots are prohibited in the SR-1 single-family residential district.

(9)

Public utilities and municipal uses.

a.

Public utility facilities and uses. This subsection (9)a applies to wastewater treatment facilities, public works maintenance and storage facilities, and all other public utility facilities or uses.

(i)

Construction or alteration of a public utility facility may be approved in a residential zoning district as a conditional use subject to a finding by the Zoning Administrator that the facility satisfies all of the following conditions:

1.

The facility is located on a lot that is at least one (1) acre in size;

2.

The overall lot coverage of the facility is less than fifty percent (50%);

3.

The minimum setback for any structure is thirty feet (30') from all property lines;

4.

The maximum overall height of any structure is thirty feet (30');

5.

The minimum buffer along all property lines is twenty feet (20') wide with at least six (6) canopy trees, twelve (12) understory trees, and one-hundred (100) three-gallon shrubs per one-hundred (100) linear feet of property line; with each species approved by the Zoning Administrator based on its ability to provide screening and drought tolerance;

(ii)

The Board of Zoning Appeals may approve construction or alteration of a public utility facility in a residential zoning district as a special exception subject to the requirements of section 5-4-5(c) and upon a finding that the following additional conditions are met:

1.

The facility is located on a lot that is at least one-half (½) acre in size;

2.

The overall lot coverage of the facility is less than fifty percent (50%);

3.

The minimum setback for any structure is twenty feet (20') from all property lines;

4.

The maximum overall height of any structure is forty feet (40');

5.

The minimum buffer along all property lines is ten feet (10') wide with at least six (6) canopy trees, twelve (12) understory trees, and one-hundred (100) three-gallon shrubs per one-hundred (100) linear feet of property line; with each species approved by the Zoning Administrator based on its ability to provide screening and drought tolerance.

(iii)

The Board of Zoning Appeals may approve construction or alteration of a sewer pump station in a residential zoning district as a special exception subject to the requirements of section 5-4-5(c) and upon a finding that the following additional conditions are met:

1.

The facility, excluding the required buffer, has a footprint of one thousand (1,000) square feet or less;

2.

The facility shall be equipped with an odor control device, that makes odor undetectable from all residentially used property and eliminate at least ninety-eight percent (98%) of the hydrogen sulfide or other odors generated by the system;

3.

All wastewater components are screened from view with either a solid eight (8) foot tall fence or a fully enclosed, roofed structure;

4.

The minimum buffer along all property lines is ten feet (10') wide with at least six (6) canopy trees, twelve (12) understory trees, and one-hundred (100) three-gallon shrubs per one-hundred (100) linear feet of property line; with each species approved by the Zoning Administrator based on its ability to provide screening and drought tolerance;

5.

All lighting shall be shielded from view from residences and shall be controlled by a switch to only be used when someone is actively working within the facility;

6.

All backup power generators should be stored offsite and only brought to the facility when necessary for power;

7.

The maximum height of any components associated with the lift station shall be twelve (12) feet, excluding an enclosure, which shall be no taller than sixteen (16) feet.

8.

Adequate provisions shall be made to protect adjacent properties from adverse impact of the proposed use, such as noise, vibration, dust, glare, and similar factors.

b.

Municipal facilities and uses. This subsection (9)b. applies to all municipal facilities, including but not limited to City Halls, fire stations, police stations, public safety facilities, and recreation centers, parks, playgrounds, and any other municipal use, but excludes public utility facilities or uses.

(i)

Construction or alteration of a municipal facility may be approved in a residential zoning district as a conditional use subject to a finding by the Zoning Administrator that the facility satisfies all of the following conditions:

1.

The facility is located on a lot that conforms in size to the applicable zoning district requirement;

2.

The overall lot coverage is less than forty percent (40%);

3.

The minimum building setback from the front or rear lot line is thirty feet (30');

4.

The minimum building setback from any side lot line is ten feet (10');

5.

The maximum overall height of any structure is forty feet (40');

6.

A buffer is installed that complies with section 5-4-71.

(ii)

The Board of Zoning Appeals may approve construction or alteration of a municipal facility in a residential zoning district as a special exception subject to the requirements of section 5-4-5(c) and upon a finding that the following additional conditions are met:

1.

The facility is located on a lot that conforms in size to the applicable zoning district requirement;

2.

The overall lot coverage is less than fifty percent (50%);

3.

The minimum building setback from the front or rear lot line is twenty feet (20');

4.

The minimum building setback from any side lot line is ten feet (10');

5.

The maximum overall height of any structure is forty feet (40');

6.

A buffer is installed that complies with section 5-4-71.

(Ord. No. 2015-15, § 1, 2-23-2016; Ord. No. 2019-07, 4-23-2019; Ord. No. 2020-10, § 1, 12-8-2020)

In addition to all other applicable requirements of this chapter and other City ordinances, the requirements for the SR-2 district are as follows:

(1)

Purpose. The purpose of the SR-2 single-family residential district is:

a.

To provide quiet, low-density residential neighborhoods on lots having an area of eight thousand (8,000) square feet or more.

b.

To discourage unwarranted encroachments by prohibiting commercial uses and prohibiting uses which would interfere with the development or continuation of single-family use.

c.

To encourage the cessation of nonconforming uses.

d.

To discourage uses which would generate traffic on minor streets other than required to serve residences on those streets.

(2)

Permitted uses. Permitted uses in the SR-2 single-family residential district shall be all uses permitted in the SR-1 district.

(3)

Permitted special exceptions. Permitted special exceptions in the SR-2 single-family residential district shall be all special exceptions allowed in the SR-1 single-family residential district.

(4)

Conditional uses. Conditional uses in the SR-2 single-family residential district shall be all conditional uses allowed in the SR-1 single-family residential district.

(5)

Minimum lot requirements. Minimum lot requirements in the SR-2 single-family residential district shall be as follows:

a.

Lot area: sixteen thousand (16,000) square feet of contiguous highland.

b.

Lot width: Sixty feet (60') measured at building line.

c.

Lot depth: Ninety feet (90').

d.

Lot frontage: Fifty feet (50') on a public or private street; thirty feet (30') on a public or private cul-de-sac.

Vehicle access to the lot from a public or private street shall be provided within the required lot frontage.

(6)

Minimum yard requirements. Minimum yard requirements in the SR-2 single-family residential district shall be as follows:

a.

Front yard: Twenty-five feet (25').

b.

Side yard: Ten feet (10').

c.

Rear yard: Twenty-five feet (25').

Exception: minimum yard requirements for lots with an area less than eight thousand (8,000) square feet.

a.

Front yard: Twenty feet (20').

b.

Side yard: Ten feet (10').

c.

Rear yard: Twenty feet (20').

(7)

Maximum height. Maximum height in the SR-2 single-family residential district shall be forty feet (40').

(8)

Double frontage lots. Double frontage lots are prohibited in the SR-2 single-family residential district.

(Ord. No. 2015-15, § 1, 2-23-2016; Ord. No. 2019-07, 4-23-2019)

In addition to all other applicable requirements of this chapter and other City ordinances, the requirements for the SR-3 district are as follows:

(1)

Purpose. The purpose of the SR-3 single-family residential district is:

a.

To provide for quiet, low-density residential neighborhoods on comparatively large lots.

b.

To discourage unwarranted encroachment by prohibiting commercial uses and to prohibit other uses which would interfere with the development or continuation of single-family use.

c.

To encourage the cessation of nonconforming uses.

d.

To discourage uses which would generate traffic on minor streets other than required to serve residences on those streets.

e.

To maintain the integrity of established residential neighborhoods, and to minimize the disruption of existing residential patterns by the scattered development of comparatively large residential lots.

(2)

Permitted uses. Permitted uses in the SR-3 single-family residential district shall be:

a.

Detached, single-family dwelling.

b.

Residential accessory uses.

(3)

Permitted special exceptions. Permitted special exceptions in the SR-3 single-family residential district shall be:

a.

Home occupations meeting the requirements of section 5-4-44.

(4)

Minimum lot requirements. Minimum lot requirements in the SR-3 single-family residential district are as follows:

a.

Lot area: Ten thousand (10,000) square feet of contiguous highland.

b.

Lot width: Seventy feet (70') measured at building line.

c.

Lot depth: One hundred ten feet (110').

d.

Lot frontage: Sixty feet (60') on a public or private street; thirty (30') feet on a public or private cul-de-sac.

(5)

Minimum yard requirements. Minimum yard requirements in the SR-3 single-family residential district are as follows:

a.

Front yard: Twenty feet (20').

b.

Side yard: Ten feet (10').

c.

Rear yard: Thirty feet (30').

(6)

Maximum height. Maximum height in the SR-3 single-family residential district shall be forty feet (40').

(7)

Double frontage lots. Double frontage lots are prohibited in the SR-3 single-family residential district.

(Ord. No. 2015-15, § 1, 2-23-2016)

In addition to all other applicable requirements of this chapter and other City ordinances, the requirements for the LC district are as follows:

(1)

Purpose. The purpose of the LC limited commercial district is:

a.

To provide for residential uses or commercial uses which operate during normal business hours and are compatible with residential neighborhoods by limiting square footage, lot coverage and hours of operation.

b.

To prevent unwarranted encroachments of retail uses.

(2)

Permitted uses. See section 5-4-38 for uses permitted in the LC limited commercial district.

(3)

Minimum yard requirements. Minimum yard requirements in the LC limited commercial district are as follows:

a.

Front yard: Twenty feet (20').

b.

Side yard: Ten feet (10').

c.

Rear yard: Twenty feet (20').

d.

Lot frontage: Twenty feet (20') on a public or private street.

Vehicle access to the lot from a public or private street shall be provided within the required lot frontage.

(4)

Minimum lot size. The minimum lot size in the LC limited commercial district shall be eight thousand (8,000) square feet of contiguous highland.

(5)

Maximum building size. The maximum building size in the LC limited commercial district shall be two thousand five hundred (2,500) square feet per each six thousand (6,000) square feet of lot.

(6)

Maximum height. The maximum height in the LC limited commercial district shall be forty feet (40').

(7)

Additional requirements. Refuse containers shall be screened from public view with materials compatible with the principal structure or landscaping.

(Ord. No. 2015-15, § 1, 2-23-2016)

(a)

In addition to all other applicable requirements of this chapter and other City ordinances, the requirements for the GC-1 district are as follows:

(1)

Purpose. The purpose of the GC-1 general commercial district is:

a.

To encourage the development of a less densely constructed, economically healthy business environment with family-oriented businesses directed primarily to island residents in buildings designed and sited to accommodate automobile and pedestrian traffic.

b.

To discourage uses which generate noise, vibration, glare, dust and odor or are offensive to the health, safety and morals of a residential, family-oriented community.

(2)

Permitted uses. See section 5-4-38 for uses permitted in the GC-1 general commercial district.

(3)

Minimum yard requirements. Minimum yard requirements in the GC-1 general commercial district are as follows:

a.

Front yard: Zero feet (0').

b.

Side yard: Ten feet (10').

c.

Rear yard: Fifteen feet (15').

d.

Lot frontage: Twenty feet (20') on a public or private street.

Vehicle access to the lot from a public or private street shall be provided within the required lot frontage.

(4)

Maximum height. The maximum height in the GC-1 general commercial district shall be forty feet (40').

(5)

Additional development requirements. Refuse containers shall be screened from public view with materials compatible with principal structure or landscaping.

(b)

In addition to all other applicable requirements of this chapter and other City ordinances, the requirements for the GC-3 district are as follows:

(1)

Purpose. The purpose of the GC-3 general commercial district is:

a.

To encourage the development of a less densely constructed, economically healthy business environment with family-oriented businesses directed primarily to island residents in buildings designed and sited to accommodate automobile and pedestrian traffic, and to allow development of single-family dwellings subject to certain restrictions.

b.

To discourage uses which generate noise, vibration, glare, dust and odor or are offensive to the health, safety and morals of a residential, family-oriented community.

(2)

Permitted uses. See section 5-4-38 for uses permitted in the GC-3 general commercial district.

(3)

Minimum yard requirements. Minimum yard requirements in the GC-3 general commercial district are as follows:

a.

Front yard: Twenty-five feet (25').

b.

Side yard: Ten feet (10').

c.

Rear yard: Fifteen feet (15').

d.

Lot frontage: Twenty feet (20') on a public or private street.

Vehicle access to the lot from a public or private street shall be provided within the required lot frontage.

(4)

Maximum height. The maximum height in the GC-3 general commercial district shall be forty feet (40').

(5)

Additional development requirements. Additional development requirements in the GC-3 general commercial district are as follows:

a.

Refuse containers shall be screened from public view with materials compatible with principal structure or landscaping.

b.

See section 5-4-38(12) for additional regulations regarding single-family dwellings.

(Ord. No. 2015-15, § 1, 2-23-2016)

(1)

Purpose.

(a)

To encourage the development of densely constructed, economically healthy business environment with family-oriented businesses directed primarily to island residents and beach goers in buildings designed and sited to primarily accommodate the pedestrian traffic of the front beach commercial area.

(b)

To discourage uses which are inherent generators of noise, vibration, glare, dust and odor or are offensive to the health, safety and morals of a residential, family-oriented community.

(2)

Permitted uses. See section 5-4-38.

(3)

Minimum yard requirements.

(a)

No part of a structure, with the exception of permitted dune walkovers, shall be located seaward more than two hundred (200) feet from the right-of-way of Ocean Boulevard. No other setbacks are required, provided that the structures comply with the requirements established for the City's fire district.

(b)

Lot frontage: 15 feet on a public or private street. Vehicle access to the lot from a public or private street, if provided, shall be located within the required lot frontage.

(4)

Maximum height: 40 feet.

(5)

Additional development requirements. Refuse containers shall be screened from public view with materials compatible with principal structure or landscaping.

(Ord. No. 2015-15, § 1, 2-23-2016)

(1)

General application. Uses permitted in the LC, GC-1, GC-2 and GC-3 districts shall be only as set forth in Table B-1, and as modified, limited or restricted by special provisions, exceptions and conditions contained in this section and chapter.

(a)

Symbols used in Table B-1 are as follows:

"x" means the indicated use is permitted.

"e" means the indicated use is permitted as a special exception if granted by the Board of Zoning Appeals pursuant to section 5-4-5.

"c" means the indicated use is permitted as a conditional use.

(b)

Any use not specifically allowed in Table B-1 is expressly prohibited.

(c)

A Code section reference following the use category in Table B-1 means that the use is allowed if it meets the requirements of such section.

(d)

The Zoning Administrator may use the Standard Industrial Classification Manual (SIC) or similar reference to make interpretations regarding uses allowed in Table B-1.

(2)

Adult uses. Adult uses are expressly prohibited within the City, except as a special exception in the GC-2 district subject to section 5-4-5, and the following conditions: The property on which the adult use is located must be at least one thousand feet (1,000') from property on which a school, church, or park is located, or from any property which is zoned residential.

(3)

Drive-through service windows. Drive-through service windows are permitted only in GC-1 and GC-3 districts as a special exception subject to section 5-4-5 upon a finding by the Board of Zoning Appeals that the facility provides adequate space for the stacking of vehicles based upon the number of drive-through vehicles projected during the peak fifteen (15) minute period, the service time involved in processing customers' orders, and the window time necessary to complete the transaction. Drive-through service window facilities, or uses thereof, existing on June 22, 1993, and located in the GC-1 district, shall not be altered or enlarged without approval of a special exception subject to section 5-4-5 and the criteria stated in this subsection.

(4)

Hours of operation. Within the LC district, any use which conducts regular business operations between the hours of 8:00 p.m. and 7:00 a.m. is permitted only as a special exception pursuant to section 5-4-5.

(5)

Outdoor sale or rental or personal property, including food and beverage; public events.

(a)

Outdoor sale of food or beverage, in whole or in part, in the GC-2 district more than two hundred feet (200') seaward of the right-of-way of Ocean Boulevard is strictly prohibited. Outdoor sale of food or beverage, in whole or in part, in the GC-2 district within two hundred feet (200') seaward of the right-of-way of Ocean Boulevard is permitted only by special exception pursuant to section 5-4-5. Outdoor sale of food or beverage, in whole or in part, in the GC-3 district is permitted only by special exception pursuant to section 5-4-5. Outdoor sale or rental of other tangible personal property, in whole or in part, in the GC-2 and GC-3 districts is strictly prohibited. All activity associated with outdoor sale of food or beverage in the GC-2 and GC-3 districts must occur within the footprint of a permitted permanent structure. Any use of a mobile or temporary unit, including, but not limited to, food trucks, vehicles, trailers, and carts, is prohibited, except as provided in section 5-4-38(5)(c) and 5-4-38(5)(d).

(b)

Outdoor sale or rental of tangible personal property, in whole or in part, in the LC or GC-1 district is permitted only by special exception pursuant to section 5-4-5; provided, however, that outdoor sale or rental of any tangible personal property, including food and beverage, in whole or in part in the LC or GC-1 district within one hundred sixty feet of the OCRM baseline established along the beach of the Atlantic Ocean is strictly prohibited. All activity associated with outdoor sales or rentals in the LC and GC-1 districts must occur within the footprint of a permitted permanent structure. Any use of a mobile or temporary unit, including, but not limited to, food trucks, vehicles, trailers, and carts, is prohibited, except as provided in section 5-4-38(5)(c) and 5-4-38(5)(d).

(c)

No sale or rental of property, in whole or in part, or any public event shall be conducted on beaches, public streets or public property without a permit for use of public property issued by the City Council.

(d)

Notwithstanding any other provision contained in this chapter to the contrary, outdoor sale or rental of tangible personal property, in whole or in part, in the LC or GC-1 district by vendors approved in advance by City Council shall be temporarily permitted during City-hosted, -sponsored or -sanctioned special events. Such vendors shall submit a written application for a special events permit on a form prescribed and dispensed by the Zoning Administrator upon such terms as indicated on the temporary permit.

(6)

Telephone communication, electric, gas, sanitary or other utility service facilities. Utility service facilities, except for communication towers and antennae which may be permitted pursuant to section 5-4-20, may be permitted as special exceptions subject to section 5-4-5 upon a finding by the Board of Zoning Appeals that the facilities will be adequately screened from public rights-of-way and adjacent properties by landscaping, plants, walls, screens, or fencing, or a combination thereof.

(7)

Eating places, fast food. Fast food eating establishments may be permitted subject to section 5-4-5 in zoning districts indicated in Table B-1 as special exceptions.

(8)

Reserved.

(9)

Reserved.

(10)

Reserved.

(11)

Rental of tangible personal property. Unless otherwise specifically permitted in Table B-1, rental of tangible personal property, in whole or in part, is allowed only when such rental is customarily conducted in connection with a permitted use listed in Table B-1.

(12)

Dwellings, detached single family. One (1) detached, single-family dwelling per lot is allowed, subject to the following requirements:

(e)

Temporary suspension of regulations governing outdoor dining areas. Restaurants are authorized to offer outdoor dining services dining on site. The temporary suspension shall expire on January 31, 2023.

i.

The restaurant shall be properly licensed by appropriate state and local agencies to perform any activities, sales, and services.

ii.

The restaurant shall comply with all applicable laws relating to litter, noise, and other livability matters.

iii.

Outdoor dining areas shall not be located more than two hundred (200) feet seaward of the right-of-way of Ocean Boulevard or within one hundred sixty (160) feet of the OCRM baseline established along the beach of the Atlantic Ocean.

iv.

Outdoor dining areas shall not encroach within any public rights-of-way.

v.

Outdoor dining areas shall not encroach into or interfere with required handicapped parking spaces.

vi.

Outdoor dining areas shall not interfere with safe pedestrian and vehicular access or access required to be maintained under the Americans with Disabilities Act.

vii.

Outdoor dining areas shall not encroach within or interfere with fire and other emergency access.

viii.

Any sales and/or consumption of food and/or alcoholic beverages shall be in compliance with the provisions of any federal, state, and/or local laws and regulations governing same.

ix.

Outdoor dining areas shall comply with all applicable occupancy requirements and other provisions of the fire code.

(Ord. No. 2015-15, § 1, 2-23-2016; Ord. No. 2016-08, § 1, 10-25-2016; Ord. No. 2021-10, § 1, 7-27-2021)

(1)

Purpose of district. The purpose of the PDD planned development district is to permit a mixture of different types of housing with compatible commercial uses, shopping centers, office parks and other mixed use developments. Flexibility in design, character and quality of development and preservation of natural and scenic features are made possible through the approval of a plan which describes the specific uses, densities, setbacks, and other requirements for a planned development. The approved plan constitutes the district regulations for a particular planned development.

(2)

District regulations. The following regulations shall apply to all uses in PDD planned development districts, other provisions in this chapter to the contrary notwithstanding:

(3)

PDD application and review procedures. The following procedures shall apply to establishment of a PDD district, other provisions in this chapter to the contrary notwithstanding:

(Ord. No. 2015-15, § 1, 2-23-2016; Ord. No. 2022-11, § 1, 11-15-2022)

(1)

Purpose. The purpose of the CR conservation-recreation district is:

a.

To provide for an appropriate valuation that reflects the conservation and recreation use of land.

b.

To ensure the preservation of significant and vital natural resources.

c.

To lessen the hazards of loss of property, life, and the reduction of health and public safety due to periodic flooding by restricting uses in such areas.

d.

To provide for improved public and/or private recreation activities.

e.

To ensure the preservation of existing public and/or private recreation activities.

f.

To provide for scenic easements to preserve the community heritage.

(2)

District boundary. The boundaries of the CR conservation-recreation district are generally described as including a strip or band of water, beaches, marshlands, and pieces of natural and manmade highland areas in the marshlands which contain less than two (2) acres, up to the mean high-water mark or abutting the primary highland, which surrounds the entire perimeter of the City, as graphically depicted on the Official Zoning Map. The CR conservation-recreation district shall also include the golf courses and tennis facilities as graphically depicted on the Official Zoning Map.

(3)

Permitted uses. The following uses are permitted within the CR conservation-recreation district so long as the use does not materially and adversely affect water quality or the natural resources of the district, and such use has received all applicable governmental regulatory approval:

a.

Outdoor recreational uses including swimming, fishing, beach-going, boat ramps, docks, piers, lifeguard stations, golf courses, tennis courts, and natural preserves.

b.

Public utility lines.

c.

A use conducted pursuant to a franchise granted by the City Council.

d.

A use conducted pursuant to a City-sponsored activity or event.

e.

Beach renourishment.

(Ord. No. 2015-15, § 1, 2-23-2016; Ord. No. 2022-08, § 1, 11-15-2022)

(a)

In an SR-1, SR-2, or SR-3 residential district, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used for GC-1, GC-2, or LC district use. No building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used for other than an SR-1, SR-2, or SR-3 use.

(b)

Any dwelling in an SR-1 or SR-2 residential district must have a minimum enclosed floor area of one thousand (1,000) square feet. Any dwelling in the SR-3 residential district must have a minimum enclosed floor area of one thousand six hundred (1,600) square feet or one thousand (1,000) square feet if the dwelling is more than one story.

(c)

Mobile homes are strictly prohibited in an SR-1, SR-2, or SR-3 residential district.

(Ord. No. 2015-15, § 1, 2-23-2016)

An accessory use customarily incident to an SR-1, SR-2, or SR-3 district use shall be permitted in an SR-1, SR-2 or SR-3 district, respectively. In a residential district, a private garage permitted as an accessory use shall not provide storage for more than one (1) motor vehicle for each two thousand (2,000) square feet of the lot area. In a multifamily residential district, a private garage permitted as an accessory use shall not provide storage for more than one (1) motor vehicle for each five hundred (500) square feet of the lot area. No billboard, sign board or advertising shall be permitted as an accessory use, except "for sale" or "for rent" signs which comply with all applicable provisions of this chapter. A store, trade or business shall not be permitted as an accessory use, except for a licensed home occupation.

(Ord. No. 2015-15, § 1, 2-23-2016)

(A)

One or more home business occupations may be permitted in a dwelling unit in any residential zoning district as a special exception granted by the Board of Zoning Appeals after consideration of the criteria contained in section 5-4-5 and upon a finding by the Board that all requirements and conditions set forth in this section are satisfied. In granting approval of a home business occupation, the Board may impose reasonable restrictions on the conduct and use of the home business occupation, including a limit on the number of home business occupation-related visitors per day and the frequency of product or material deliveries. There shall be no fee charged for a home business occupation application. The requirements and conditions are as follows:

(1)

The occupation, profession or trade is a use allowed under section 5-4-38, Table B-1, and is conducted wholly within the principal building of the lot.

(2)

Not more than twenty-five percent (25%) of the floor area of the principal building, or seven hundred fifty (750) square feet, whichever is less, shall be used for any part of the home business occupation.

(3)

No accessory building or outside storage shall be used in connection with the home business occupation.

(4)

No signs, merchandise or other articles shall be displayed for advertising purposes, or be visible from outside of the dwelling.

(5)

There shall be no alteration of the residential character of the building or premises.

(6)

The home business occupation shall not generate greater vehicular or pedestrian traffic volume than that which normally occurs in the neighborhood. All parking generated by the home business occupation shall be located solely within the boundaries of the property upon which the home business occupation is conducted and shall not be located in the required front yard.

(7)

No electrical, mechanical, chemical or other equipment that is not a normal domestic or household equipment shall be allowed in connection with the home business occupation and such occupation shall not generate noise, vibration, electrical interference, heat, glare, dust, smoke, odors, fumes, or unsafe conditions which are detectable to the normal human senses off of the lot or which adversely affect the health, safety or welfare of the neighborhood.

(8)

No home business occupation shall be conducted using assistants or associates working in whole or in part within the home, except for family members living on the premises.

(9)

Only passenger vehicles shall be allowed in connection with the home business occupation. For purposes of this section, passenger vehicles are limited to motorcycles, mopeds, automobiles, pickup trucks and vans.

(B)

Inspections. Home business occupation permittees shall allow reasonable, periodic inspections of the premises by any Zoning or Building Official to determine compliance with the home business occupation permit.

(Ord. No. 2015-15, § 1, 2-23-2016)

(a)

The City recognizes that as a result of this chapter, some existing lots and structures will not comply with applicable zoning requirements. In addition, some existing uses will be made nonconforming by this chapter; and some long-standing nonconforming uses will continue to be nonconforming.

(b)

As a general policy, nonconformities in the use and development of land and buildings are discouraged; and should be brought into compliance with the applicable zoning requirements over time as the uses of land and structures change. However, with the limitations and exceptions set forth in this chapter, it is the intent of the City that the lawful use of land and structures existing at the effective date of the ordinance from which this chapter is derived may continue, although such use does not conform to the provisions of this chapter.

(c)

Any use, building or structure lawfully existing at the time of adoption of the ordinance from which this chapter is derived which does not conform with the provisions of said chapter shall be deemed to be legal nonconforming uses, buildings or structures.

(Ord. No. 2015-15, § 1, 2-23-2016)

(a)

Subject to the limitations set forth in this chapter, a nonconforming lot may continue to be used without change in boundaries.

(b)

Any lot which is made conforming by combining with other lots shall be recognized as a conforming lot and shall fully comply with this chapter.

(Ord. No. 2015-15, § 1, 2-23-2016)

(a)

Except as allowed in this section, no structural alterations shall be made to a nonconforming structure other than those necessary to ensure the safety of the building or structure.

(b)

Subject to all other applicable provisions of this chapter and other City ordinances, an existing structure, including stairs, which does not comply with the zoning district setback requirements of this chapter may be altered or renovated so long as no part of the structure extends beyond the original footprint of the encroachment.

(c)

Subject to all other applicable provisions of this chapter and other City ordinances, the following alterations are considered to be nonstructural, and may be made to a nonconforming structure, provided that the extent of the nonconformity is not increased:

(1)

Nonstructural facade alterations;

(2)

Modification or removal of interior walls;

(3)

Modification of existing windows and exterior doors;

(4)

Construction or modification of decks, porches and patios, provided that there is no increase in any encroachment into required setbacks.

(d)

Repairs or maintenance may be made to a nonconforming structure as required to keep it in safe condition.

(e)

Any nonconforming structure damaged fifty percent (50%) or more of its appraised value at the time of such damage may be rebuilt in its original footprint but shall not be repaired, rebuilt or altered in such a manner as to increase the extent of its pre-damage nonconformity. Reconstruction or repair must be commenced within six (6) months from the date of such damage or removal; provided that a structure destroyed or removed by a voluntary or willful act of the owner or agent of the owner must comply with all applicable provisions of this chapter.

(f)

Where existing vehicular parking is insufficient to meet the standards set forth in this chapter, no structure may be enlarged unless the requirements for off-street parking are met for the entire structure and uses.

(Ord. No. 2015-15, § 1, 2-23-2016)

(a)

A nonconforming use of a structure or lot shall not be changed to another nonconforming use.

(b)

Whenever a nonconforming use is changed to a conforming use, such use shall not thereafter revert to a nonconforming use.

(c)

Whenever a nonconforming use is discontinued, for a period of three hundred sixty-five (365) days, such use shall not be reestablished and all subsequent use shall conform to the provisions of this chapter.

(d)

A nonconforming use may not be enlarged or extended.

(Ord. No. 2015-15, § 1, 2-23-2016)

(a)

Nonconforming signs. Cessation of nonconformity is required under the following conditions:

(1)

A nonconforming sign shall be made to conform, or be replaced with a sign that conforms with this chapter, when a nonconforming sign is removed, or whenever a substantial renovation, change or repair to a nonconforming sign becomes necessary, or when a building or improvement on a lot on which a nonconforming sign is located undergoes substantial repair, improvement or redevelopment.

(2)

Substantial renovation, change or repair of a sign shall occur when the cost of renovation, change or repair equals or exceeds fifty percent (50%) of the sign's appraised value. Substantial repair, improvement or redevelopment of buildings or improvements on a lot shall occur when the cost of the repair improvement or redevelopment equals or exceeds fifty percent (50%) of the total appraised value of the improvements thereon at the time of said repair, improvement or redevelopment.

(b)

Nonconforming fences, hedges, shrubbery and signs which impede vision at street intersections shall be brought into compliance by removal, relocation or alteration within ninety (90) days from the effective date of the ordinance from which this chapter is derived.

(Ord. No. 2015-15, § 1, 2-23-2016)

(1)

Purposes. The purposes of the P-1 preservation overlay zone are:

a.

To preserve natural barriers against the natural forces from the ocean.

b.

To preserve adequate light, air and open space.

c.

To protect and preserve scenic, historic and ecologically sensitive areas.

(2)

Permitted uses.

a.

This is an overlay zone. Permitted uses are determined by the underlying or primary zoning district applicable to each lot located within the P-1 preservation overlay zone.

b.

Beach renourishment.

(3)

Additional regulations. Within the P-1 preservation overlay zone, the following additional regulations shall apply:

a.

Except as expressly allowed in this section, no structure shall extend seaward more than one hundred thirty feet (130') from the right-of-way of Palm Boulevard.

b.

Only one (1) dune walk-over per lot shall be allowed, if it is permitted by the applicable provisions of this Code and OCRM regulations.

c.

Only one (I) open-air gazebo per lot shall be allowed, if it is permitted by the applicable provisions of this Code and OCRM regulations, not to exceed one hundred (100) square feet in floor area or sixteen feet (16') in height.

d.

The minimum rear yard requirement is that no structure, including stairs but excluding permitted underground on-site waste disposal systems, shall be located more than one hundred thirty feet (130') from the right-of-way of Palm Boulevard.

(Ord. No. 2015-15, § 1, 2-23-2016)

(1)

Purposes. The purposes of the P-2 preservation overlay zone are:

a.

To preserve natural barriers against the natural forces from the Ocean.

b.

To preserve adequate light, air and open space.

c.

To protect and preserve scenic, historic and ecologically sensitive areas.

(2)

Permitted uses.

a.

This is an overlay zone. Permitted uses are determined by the underlying or primary zoning district applicable to each lot located within the P-2 preservation overlay zone.

b.

Beach renourishment.

(3)

Additional regulations. Within the P-2 preservation overlay zone, the following additional regulations shall apply:

a.

Except as expressly allowed in subsection (3)b. of this section, no structure shall extend seaward of the maximum building line shown and labeled as such on that certain plat prepared by E.M. Seabrook, Jr., C.E. and L.S., dated January 8, 1988, and entitled "FINAL PLAT, CITY OF ISLE OF PALMS, CHARLESTON COUNTY, S.C." and duly recorded at the County RMC Office on February 16, 1988, in Plat Book BQ, at Page 11; said plat is incorporated herein and made a part hereof by reference thereto.

b.

One dune walkover per lot shall be allowed, so long as it complies with all applicable provisions of this Code and BCM (Bureau of Coastal Management) regulations.

(Ord. No. 2015-15, § 1, 2-23-2016; Ord. No. 2025-06, § 1, 6-24-2025)

(1)

Purposes. The purposes of the P-3 preservation overlay zone are:

a.

To preserve natural barriers against the natural forces from the Ocean.

b.

To preserve adequate light, air and open space.

c.

To protect and preserve scenic, historic and ecologically sensitive areas.

(2)

Permitted uses.

a.

This is an overlay zone. Permitted uses are determined by the underlying or primary zoning district applicable to each lot located within the P-3 preservation overlay zone.

b.

Beach renourishment; provided, however, that any renourishment activities which include the removal of sand shall be prohibited within four hundred feet (400') of a principal structure.

(3)

Additional regulations. Within the P-3 preservation overlay zone, the following additional regulations shall apply:

a.

Except as expressly allowed in subsections (3)c and d of this section, no structure shall extend seaward more than one hundred ten feet (110') from the right-of-way of 54th, 55th or 56th Avenues.

b.

Except as expressly allowed in subsections (3)c and d of this section, no structure shall be erected on any portion of land labeled as "Open Space Beach Conservation" or "Open Space Pedestrian Beach Access" as shown on a plat prepared by Davis & Floyd Engineers, Inc. dated January 1976, and duly recorded at the Charleston County RMC Office on February 17, 1976, in Plat Book AF, at Page 136 and a plat prepared by Wilbur Smith and Associates, Inc. dated November 21, 1977, revised December 29, 1977 and duly recorded at the Charleston County RMC Office on January 5, 1978 in Plat Book AK, at Page 45; said plats are incorporated herein and made a part hereof by reference thereto.

c.

One dune walkover per lot shall be allowed, so long as it complies with all applicable provisions of this Code and OCRM regulations.

d.

One swimming pool per lot shall be allowed, so long as it complies with the applicable provisions of this Code and OCRM regulations.

(Ord. No. 2015-15, § 1, 2-23-2016)