8.1.1. Dimensional Table Notes.

8.1.1.1. Built upon Area. Built upon area includes items such as principal structures, accessory structures, driveways, and other site improvements that create additional impervious surface.

8.1.1.2. Front Setback. The front setback for oceanfront properties in zoning districts R-9, R-7, R-6, and R-6MF shall be 15 feet from the property line, but shall exclude oceanfront properties between SE 58 ^th Street through SE 74 ^th Street as well as flag lots and their adjoining corner lots. On lots adjacent to the ocean shoreline, the front setback may be reduced up to ten feet to accommodate required dune line. The 2000 USACE-MHW line or the traditional rear setback; whichever is more restrictive, is considered the rear setback. Oceanfront properties shall meet the requirements of the Coastal Area Management Act.

8.1.1.3. Mainland Height Requirements. Offices, motels, hotels, medical facilities, and multi-family residential buildings and structures up to a maximum of 55 feet in height may be permissible as a special use if the following conditions are met:

8.1.1.3.1. For every foot in height in excess of 35 feet, an additional two feet of setback must be provided above those required by this Ordinance for front, side, corner side, and rear setbacks in the C-LD district. Commercial building clusters must satisfy the fire code.

8.1.1.3.2. The Town Council may impose such additional conditions as they see fit, such as, but not limited to, fences and walls, street dedications, additional parking, vehicular access points, buffering, and landscaping improvements.

8.1.1.4. All lots created after the adoption of this Ordinance must satisfy the minimum square footage requirements.

8.1.1.5. Corner lots on the island that are contiguous to major water bodies shall have an eight-foot corner side yard setback and no additional flexibility per Section 8.14.12.

8.1.1.6. Setback Exceptions.

8.1.1.6.1. Twenty-four inches into required setbacks - Fireplaces, ordinary projections of sills, belt courses, cornices, buttresses, ornamental features, and eaves

8.1.1.6.2. Three feet into required side setbacks - Uncovered decks and porches attached to a principal structure

8.1.1.6.3. Four feet into required setbacks - Open or enclosed fire escapes, outside stairways, balconies, mechanical equipment and its required unenclosed support structure

8.1.1.6.4. Five and one-half feet into required front or rear setbacks - Elevators, mobility or cargo lifts on existing residential structures

8.1.1.7. If a lot is contiguous to two streets (corner lots), the front lot line shall be the shortest of the two street sides. For through lots or double frontage lots, the side for which the street number is assigned is considered the front yard.

8.1.1.8. The minimum lot width must be maintained from the front lot line to the front yard setback. Between the front yard setback and the rear lot line, the lot width may be reduced if the minimum lot area requirements are met. This requirement shall apply to all lots including triangular shaped lots. The front yard of a triangular shaped lot which is contiguous to two streets shall be measured from the point of the triangle which is contiguous to the intersection of two streets.

8.1.1.9. Construction of the principal structure shall not be permitted in the pole or stem portion of a flag lot unless the width of the pole or stem portion of the lot meets the minimum front yard width for the applicable zoning district.

8.1.1.10. Accessory building placement.

8.1.1.10.1. Shall not extend beyond the front edge of the principal building or beyond the minimum front building line, whichever is greater, except on flag lots, where pools may be allowed beyond the front edge of the principal building on the water side

8.1.1.10.2. Shall not encroach into any utility easement

8.1.1.10.3. No parcel may contain more than two accessory buildings, unless the property is greater than three quarters of an acre then an additional accessory structure up to four is permitted

8.1.1.10.4. Only two accessory structures are permitted to be side-by-side and any third or fourth accessory structure shall be a minimum of 15 feet from any other accessory structures

8.1.1.10.5. The combined square footage of the accessory buildings shall not exceed ten percent of the total lot area

8.1.1.10.6. The maximum building height shall be 20 feet or the height of the principal structure, whichever is less

8.1.1.11. Private shelters, oceanfront.

8.1.1.11.1. Oceanfront lots that would otherwise be considered unbuildable for residential use due to the inability to meet the required setbacks, and not presently built upon may construct an oceanfront shelter

8.1.1.11.2. The maximum size of the structure footprint shall not exceed 200 square feet

8.1.1.11.3. No utilities other than water for foot showers are allowed

8.1.1.11.4. The structure must meet the setback requirements for the district in which it is located and the applicant must be able to secure necessary CAMA permitting

8.1.1.11.5. No oceanfront shelter shall exceed 20 feet in height

8.1.1.12. Front and rear yard setbacks for lots adjacent to Davis Canal, the Intracoastal Waterway, the Atlantic Ocean, or other public trust waters shall be determined in accordance with the illustrations in Figures 1A and 1B.

8.1.1.13. Flexible Setbacks.

8.1.1.13.1. The allowable building area on each lot or parcel may be moved toward one side lot line and either the rear lot line or the front street line a distance of up to 25 percent of the required setback for the zoning districtt for the purpose of preserving natural areas and/or specimen trees

8.1.1.13.2. This section does not increase the maximum permitted length and width of the allowable building area

8.1.1.13.3. Such setback or yard modifications must be approved by the Development Services staff in writing prior to construction beginning

8.1.1.13.4. Setback adjustments must be notated on a field survey which delineates the natural and/or specimen tree(s).

8.1.1.13.5. Recordation at the Brunswick County Register of Deeds is required for flexible setbacks as allowed in this section

8.1.1.14. The footprint of structures which are within six inches (0.5 feet) of the required side yard setback distance and front or rear yard setback distance shall be considered compliant with the requirements of this Ordinance if the de-minimis encroachment was done in error demonstrated by conflicting surveys. Regardless of any allowances, any expansion of an existing principal structure cannot be outside the allowable setback.

8.1.1.15. Flag lots may only be allowed in order to access public trust waters.

8.1.2. Graphic References for Measurement

(Amend. of 5-13-2025(1))