The area, yard and height requirements for each district shall be the same and are hereby fixed and established as hereinafter set forth in this Article.

The following area, yard and height requirements shall apply to all structures in this zoning district:

701.1

Minimum Lot Area: 12,000 square feet.

701.2

Minimum Lot Width: 100 feet.

701.3

Minimum Front Yard: 25 feet, except as required in Section 720.

701.4

Minimum Side Yard: 15 feet, except as required in Section 720.

701.5

Minimum Rear Yard: 25 feet, except as required in Section 720.

701.6

Maximum Lot Coverage: 45%.

701.7

Maximum Building Height: 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland. And, all buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

701.8

Accessory Building.

A.

The size of an accessory building shall be limited to a one-story building not larger than 500 square feet in area.

B.

Accessory Building Disposition:

1.

Shall not exceed fifteen (15) feet in height in residential zones.

2.

Shall occupy no part of the front yard or required side yard of a residential lot, except a garage or accessory building may occupy five (5) feet of the required side and ten (10) feet of the required rear yard dimension if the garage or accessory building is to be not less than twelve (12) feet from a principal structure. In no instance is a structure to be located closer than five (5) feet to any property line.

3.

May occupy one-half (½) the dimension of the required side yard if the garage is to be not less than twelve (12) feet from a principal structure.

4.

Where applicable, the requirements of Section 720 shall apply.

The following area, yard and height requirements shall apply to all structures in this zoning district:

702.1

Minimum Lot Area:

Single-family unit: 12,000 square feet.

Two-family unit: 8,500 square feet for each dwelling unit.

702.2

Minimum Lot Width: 100 feet.

702.3

Minimum Front Yard: 25 feet.

702.4

Minimum Side Yard: 15 feet.

702.5

Minimum Rear Yard: 20 feet.

702.6

Maximum Lot Coverage: 45%.

702.7

Maximum Building Height: 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland. And, all buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

702.8

Accessory Building.

A.

The size of an accessory building shall be limited to a one-story building not larger than 500 square feet in area.

B.

Accessory Building Disposition:

1.

Shall not exceed fifteen (15) feet in height in residential zones.

2.

Shall occupy no part of the front yard or required side yard of a residential lot, except a garage or accessory building may occupy five (5) feet of the required side and ten (10) feet of the required rear yard dimension if the garage or accessory building is to be not less than twelve (12) feet from a principal structure. In no instance is a structure to be located closer than five (5) feet to any property line.

3.

May occupy one-half (½) the dimension of the required side yard if the garage is to be not less than twelve (12) feet from a principal structure.

The following area, yard and height requirements shall apply to all structures in this zoning district:

703.1

Minimum Lot Area:

Single-family unit: 12,000 square feet.

Multifamily unit: 7,500 square feet for each dwelling unit.

703.2

Minimum Lot Width: 100 feet.

703.3

Minimum Front Yard: 25 feet.

703.4

Minimum Side Yard: 15 feet.

703.5

Minimum Rear Yard: 20 feet.

703.6

Maximum Lot Coverage: 45%.

703.7

Maximum Building Height: 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland. And, all buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

703.8

Accessory Building.

A.

The size of an accessory building shall be limited to a one-story building not larger than 500 square feet in area.

B.

Accessory Building Disposition:

1.

Shall not exceed fifteen (15) feet in height in residential zones.

2.

Shall occupy no part of the front yard or required side yard of a residential lot, except a garage or accessory building may occupy five (5) feet of the required side and ten (10) feet of the required rear yard dimension if the garage or accessory building is to be not less than twelve (12) feet from a principal structure. In no instance is a structure to be located closer than five (5) feet to any property line.

3.

May occupy one-half (½) the dimension of the required side yard if the garage is to be not less than twelve (12) feet from a principal structure.

The following area, yard and height requirements shall apply to all structures in this zoning district:

704.1

Minimum Lot Area:

Single-family unit: 12,000 square feet.

Two-family unit: 8,500 square feet for each dwelling unit.

704.2

Maximum Building Area: 60%.

704.3

Main Building Disposition:

A.

Minimum Frontage Build Out: 50%.

B.

Minimum Lot Width: 100 feet.

C.

Minimum Front Setback: 12 feet, except as required in Section 720.

D.

Maximum Front Setback: 25 feet, except as required in Section 720.

E.

Minimum Side Setback: 10 feet, except as required in Section 720.

F.

Minimum Rear Setback: 25 feet, except as required in Section 720.

G.

Maximum Height: 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland.

And, all buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

Any ground level built space shall be designed and used for either parking or storage space concealed from view from all streets, an open air market or loggia or combination thereof, closed commercial or retail space, or other permitted use as and to the extent allowed by applicable FEMA requirements.

704.4

Accessory Buildings.

A.

The size of an accessory building shall be limited to one story not larger than 500 square feet in area.

B.

Accessory Building Disposition:

1.

Minimum front setback: 20 feet minimum from main building, except as required in Section 720.

2.

Minimum Side Setback: 5 feet, except as required in Section 720.

3.

Minimum rear set back: 5 feet, except as required in Section 720.

4.

Maximum Height: 15 feet.

The following area, yard and height requirements shall apply to all structures in this zoning district:

705.1

Minimum Lot Area:

Single-family unit: 12,000 square feet.

Two-family or multifamily units: See Minimum Lot Area Table Section 721.

705.2

Maximum Building Area: 70%.

705.3

Main Building Disposition:

A.

Minimum Frontage Build Out: 60%.

B.

Minimum Lot Width: 60 feet.

C.

Minimum Front Setback: 0 feet, except as required by Section 720.

D.

Maximum Front Setback: 12 feet, except as required by Section 720.

E.

Minimum Side Setback: 0 feet, except as required by Section 720.

F.

Minimum Rear Setback: 3 feet, except as required by Section 720.

G.

Maximum Height: 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland.

And, all buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

Any ground level built space shall be designed and used for either parking or storage space concealed from view from all streets, an open air market or loggia or combination thereof, closed commercial or retail space, or other permitted use as and to the extent allowed by applicable FEMA requirements.

705.4

Accessory Building Disposition:

A.

Minimum front setback: 20 feet minimum from main building, except as required in Section 720.

B.

Minimum side setback: 0 feet, except as required in Section 720.

C.

Minimum rear setback: 3 feet, except as required in Section 720.

D.

Maximum Height: 30 feet.

The following area, yard and height requirements shall apply to all structures in this zoning district:

706.1

Minimum Lot Area:

Served by sewer: 4,000 square feet per manufactured or mobile home.

Not served by sewer: 9,000 square feet per manufactured or mobile home.

706.2

Minimum Lot Width: 35 feet.

706.3

Minimum Front Yard: 25 feet.

706.4

Minimum Side Yard: 10 feet.

706.5

Minimum Rear Yard: 10 feet.

706.6

Maximum Lot Coverage: Not applicable.

706.7

Maximum Building Height: 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland. And, all buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

706.8

Accessory Building.

A.

The size of an accessory building shall be limited to a one-story building not larger than five hundred (500) square feet in area.

B.

Accessory Building Disposition:

1.

Shall not exceed fifteen (15) feet in height in residential zones.

2.

Shall occupy no part of the front yard or required side yard of a residential lot, except a garage or accessory building may occupy five (5) feet of the required side and ten (10) feet of the required rear yard dimension if the garage or accessory building is to be not less than twelve (12) feet from a principal structure. In no instance is a structure to be located closer than five (5) feet to any property line.

3.

May occupy one-half (½) the dimension of the required side yard if the garage is to be not less than twelve (12) feet from a principal structure.

The following area, yard and height requirements shall apply to all structures in this zoning district:

707.1

Minimum Lot Area:

Single-family unit: 12,000 square feet.

Two-family or multifamily units: See Minimum Lot Area Table Section 721.

Non-residential: not applicable.

707.2

Minimum Lot Width: Not applicable.

707.3

Minimum Front, Side and Rear Yard.

A.

All requirements relative to front, side and rear yards shall be the same as required in the residential district to which the front, side, or rear of the property in a C-1, C-3, I-1, I-2, or I-3 District adjoins.

B.

Twenty-five (25) feet front, no side or rear yards shall be required on a side of such property adjacent to a non-residential district. When a residential district use is permitted in any area classified as commercial or industrial, such residential use shall comply with a minimum setback restrictions provided for in an R-3 classification.

707.4

Maximum Lot Coverage: Not Applicable.

707.5

Maximum Building Height: 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland.

And, all buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

The following area, yard and height requirements shall apply to all structures in this zoning district:

708.1

Minimum Lot Area:

Single-family unit: 12,000 square feet.

Two-family or multifamily units: See Minimum Lot Area Table Section 721.

Non-residential: not applicable.

708.2

Minimum Lot Width: Not applicable.

708.3

Minimum Front, Side and Rear Yard.

A.

All requirements relative to front, side and rear yards shall be the same as required in the residential district to which the front, side, or rear of the property in a C-1, C-3, I-1, I-2, or I-3 District adjoins.

B.

Twenty-five feet (25') foot front, no side or rear yards shall be required on a side of such property adjacent to a non-residential district. When a residential district use is permitted in any area classified as commercial or industrial, such residential use shall comply with a minimum setback restrictions provided for in an R-3 classification.

708.4

Maximum Lot Coverage: Not Applicable.

708.5

Maximum Building Height.

A.

Permitting of construction of a structure in excess of forty-five (45) feet in height shall require written approval of the Chief of the Waveland Fire Department.

B.

Buildings within one hundred and fifty (150) feet of an R-1 or R-2 District shall not exceed the maximum height requirements of that district, that being 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland.

C.

All buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

The following area, yard and height requirements shall apply to all structures in this zoning district:

709.1

Minimum Lot Area: Not applicable.

709.2

Minimum Lot Width: Not applicable.

709.3

Minimum Front, Side and Rear Yard.

A.

All requirements relative to front, side and rear yards shall be the same as required in the residential district to which the front, side, or rear of the property in a C-1, C-3, I-1, I-2, or I-3 District adjoins.

B.

Twenty-five feet (25') foot front yard, but no side or rear yards shall be required on a side of such property adjacent to a non-residential district.

C.

When a residential district use is permitted in any area classified as commercial or industrial, such residential use shall comply with a minimum setback restrictions provided for in an R-3 classification.

709.4

Maximum Lot Coverage: Not Applicable.

709.5

Maximum Building Height.

A.

Permitting of construction of a structure in excess of forty-five (45) feet in height shall require written approval of the Chief of the Waveland Fire Department.

B.

Buildings within one hundred and fifty (150) feet of an R-1 or R-2 District shall not exceed the maximum height requirements of that district, that being 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland.

C.

All buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

The following area, yard and height requirements shall apply to all structures in this zoning district:

710.1

Minimum Lot Area: Not applicable.

710.2

Minimum Lot Width: Not applicable.

710.3

Minimum Front Yard: 60 feet.

710.4

Minimum Side Yard: 25 feet.

710.5

Minimum Rear Yard: 25 feet.

In instances where this district use abuts a residential district, a minimum side yard of sixty (60) feet shall be required. The district structures and uses shall be screened from the abutting residential district by walls, fences or other screening not less than six (6) feet in height in a manner recommended by the Planning and Zoning Commission and acceptable to the Board of Mayor and Alderman.

710.6

Maximum Lot Coverage: Not Applicable.

710.7

Maximum Building Height.

A.

Permitting of construction of a structure in excess of forty-five (45) feet in height shall require written approval of the Chief of the Waveland Fire Department.

B.

Buildings within one hundred and fifty (150) feet of an R-1 or R-2 District shall not exceed the maximum height requirements of that district, that being 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland.

C.

All buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

The following area, yard and height requirements shall apply to all structures in this zoning district:

711.1

Minimum Lot Area: Not applicable.

711.2

Minimum Lot Width: Not applicable.

711.3

Minimum Front Yard: 100 feet.

711.4

Minimum Side Yard: 25 feet.

In instances where this district use abuts a residential district, a minimum side yard of one hundred (100) feet shall be screened from abutting residential district by walls, fences or other screening not less than six (6) feet in height in a manner recommended by the Planning and Zoning Commission and acceptable to the Board of Mayor and Alderman.

711.5

Minimum Rear Yard: 50 feet.

In instances where this district use abuts a residential district, a minimum rear yard of not less than one hundred (100) feet shall be provided as measured from the rear lot line to the nearest building or structure. Such space shall be screened from the abutting residential district by walls, fences, and other screening not less than six (6) feet in height in a manner recommended by the Planning and Zoning Commission and acceptable to the Board of Mayor and Alderman.

711.6

Maximum Lot Coverage: Not Applicable.

711.7

Maximum Building Height.

A.

Permitting of construction of a structure in excess of forty-five (45) feet in height shall require written approval of the Chief of the Waveland Fire Department.

B.

Buildings within one hundred and fifty (150) feet of an R-1 or R-2 District shall not exceed the maximum height requirements of that district, that being 35 feet, except that all specified building heights may be exceeded by the difference between the actual lot elevations and the base flood elevations required by the applicable Federal Emergency Management Agency (FEMA) Digital Flood Insurance rate Maps (DFIRMS), provided that all buildings in the Special Flood Hazard Areas (SFHA) shall be constructed in accordance with current Flood Damage Prevention Ordinance of the City of Waveland.

C.

All buildings that exceed thirty-five (35) feet in height shall be protected by an automatic sprinkler system, installed in accordance with applicable codes and standards adopted by the City of Waveland Building Official.

The following area, yard and height requirements shall apply to all structures in this zoning district:

712.1

Minimum Lot Area. 5 acres or 217,180 square feet (also see Section 721).

712.2.

Minimum lot width. All area yard and height requirements for this district, except the minimum lot area, shall comply with each applicable land use category. For example, since different uses will be combined within this district, the residential portion will apply to the appropriate residential requirements previously set forth in this ordinance.

712.3

Minimum Front, Side and Rear Yard. All area yard and height requirements for this district, except the minimum lot area, shall comply with each applicable land use category. For example, since different uses will be combined within this district, the residential portion will apply to the appropriate residential requirements previously set forth in this ordinance.

712.4

Minimum Lot Coverage. All area yard and height requirements for this district, except the minimum lot area, shall comply with each applicable land use category. For example, since different uses will be combined within this district, the residential portion will apply to the appropriate residential requirements previously set forth in this ordinance.

712.5

Maximum Building Height. All area yard and height requirements for this district, except the minimum lot area, shall comply with each applicable land use category. For example, since different uses will be combined within this district, the residential portion will apply to the appropriate residential requirements previously set forth in this ordinance.

713.1

Front Yard.

A.

Measurement of depth.

1.

The normal method of measurement is the shortest possible distance measured horizontally between any part of a main building and any part of the front lot line.

2.

When the street right-of-way line described a curve, an alternate method of measurement is herein provided and may be used at the option of the property owner or developer. The front yard may be measured at right angles to a chord extended between the points where the right-of-way line intersects the side lot line.

3.

When adjoining front yards are less than required in the zone and when the average depth of existing front yards, located within one hundred (100') feet of either side of a lot and within the same block and zone is less than that required in the zone, the minimum depth of the front yard required for any newly constructed building shall be the average front yard depth of the aforementioned lots on either side.

B.

Determination of front yard on corner lots. Where a lot is a corner lot fronting on two existing or proposed streets that intersect, the front yard may be designated by the owner without respect to the location of the front yard.

713.2

Rear Yard.

A.

When abutting an alley, the rear yard may be measured to the center line of the alley.

B.

Where a lot is wedge-shaped or otherwise irregularly shaped in the rear yard, a rear yard of less than normal depth is permitted under the following conditions: The minimum depth is at least one-half (½) the normally required rear yard depth, and the total area in the rear yard is not less than the total area in the rear yard of a rectangular shaped lot having the minimum width required for the zone in question. The rear yard in such instances shall be computed by extending a line that intersects the side lot lines and intersects or coincides with the rear-most wall of the main building, and which line parallel to the front property line, or a chord extended across the curve of the property line. All the area enclosed by the aforementioned line, the side lot lines and the rear lot line or lines shall be computed as the rear yard area.

C.

In less restrictive zones and within one hundred (100') feet of a residential or business zone, rear yards shall have a minimum depth equal to that required in the more restricted zone.

713.3

Side Yard.

A.

On corner lots in residential zones, the side yard fronting on an existing street, or platted and recorded street, that is unimproved shall have a depth of not less than fifty (50) percent of the required front yard depth or ten (10) feet, whichever is greater.

B.

In less restrictive zones and within one hundred (100) feet of a residential or business zone, side yards shall have a minimum width equal to that required in the more restricted zone, unless a greater width is required for the zone in which it is located.

C.

For a lot of record, which qualifies pursuant to Section 402.3 as legally non-conforming and which measures fifty (50) feet or less in width, the Zoning Official is authorized to grant a variance of side yard minimum footage to allow a side yard setback equal to, but not less than, twenty-five percent (25%) of the lot width. Said action may be taken without notice to or action by the Planning and Zoning Commission or the Board of Mayor and Aldermen.

713.4

Irregular Yard Lines. Where a wall of a building is not parallel with the lot line or where the lot line is irregular, the required depth or width of any such yard may be taken as the average depth or width; provided, however, that the side yard shall not be narrower than ten (10) feet at any point and the front yard not less than fifteen (15) feet at any point.

713.5

Courts.

A.

The width of an outer court is that horizontal dimension which is substantially parallel to principal open end of such court. If the two sides of the court are not parallel, the width shall be the average distance between the two sides (which usually can be measured along a line between the mid-points of the opposite sides).

B.

The depth of an outer court is the horizontal distance between the mid-point of the principal open end to the mid-point of the opposite end.

C.

The minimum space shall be fifty (50) feet if the buildings are located so that the front of one building faces either the front or rear of another building and twenty (20) feet when buildings are oriented in any manner (e.g., front to side).

On a corner lot in any Residential Zone, nothing shall be parked, erected, placed, planted or allowed to grow in such a manner as materially to impede visibility across the corner between a height of two and one-half (2 ½) and ten (10) feet above the centerline grades of the intersecting streets and within twenty-five (25) feet of the corner as measured at the property line, with the exception of the intersection of Beach Boulevard and Nicholson Avenue, where parking shall be prohibited within fifty (50) feet of these two (2) intersections.

715.1

Cornices, coves, belt courses, ornamental features and fire escapes may extend into the required yard area a maximum of one and one-half (1 ½) feet, or one-third (⅓) the required yard depth, whichever is less, if they are at least seven (7) feet above ground level at their lowest point.

715.2

Covered porches, terraces and enclosed vestibules or entryways not over twelve (12) feet in width may extend five (5) feet into a required front or rear yard, provided the nearest point of the projection is at least ten (10) feet from the front or rear lot line.

715.3

Chimneys, open stairways, eaves and gutters may extend two (2) feet into the required side yard or one-third (⅓) the required distance, whichever is less, providing that they do not occupy in the aggregate more than one-third (⅓) of the length of the building wall on which they are located.

716.1

Accessory Buildings shall not exceed fifteen (15) feet in height in residential zones.

716.2

An accessory building shall occupy no part of the front yard or required side yard of a residential lot, except a garage or accessory building may occupy five (5) feet of the required side and ten (10) feet of the required rear yard dimension if the garage or accessory building is to be not less than twelve (12) feet from a principal structure. In no instance is a structure to be located closer than five (5) feet to any property line.

716.3

An accessory building shall be included in determining lot coverage by the principal building or buildings. The following shall be exceptions:

A.

Swimming pools.

B.

Not more than one single-story accessory building that occupies five hundred (500) square feet or less of the rear yard area of a lot.

717.1

No lot, yard, court, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under the Zoning Ordinance. If already less than the minimum required, said area or dimension shall not be further reduced.

717.2

No part of the space required about any building or group of buildings, for the purpose of complying with the Zoning Ordinance, shall be used as part of the required space for another building or group of buildings, unless provided for in this Zoning Ordinance.

The setback requirements of this Zoning Ordinance for proposed dwellings shall not apply to any lot where the average setback on developed lots, located wholly, or in part, within one hundred (100) feet on each side of such lot and within the same block, and zoning district fronting on the same street on such lot, is less than the minimum required setback. In such cases, the setback on such lots may be equal to the average of the existing setbacks on the adjoining developed lots.

The height limits of this Zoning Ordinance shall not apply to church spires, belfries, monuments, transmission towers, water towers, flagpoles, derricks, chimneys, cooling towers, fire towers and other structures not intended for human occupancy. These exceptions shall not apply in an airport flight zone.

In all zoning districts for property abutting Beach Boulevard, any and all setbacks shall be no less than fifty (50) feet from Beach Boulevard.

The area, yard and height requirements for each district shall be the same and are hereby fixed and established as hereinafter set forth:

Note *A. Two thousand (2,000) square feet per dwelling unit is for structures wherein the ground floor of the structure contains independent, viable commercial space along at least sixty (60) percent of the principle frontage of the structure. Independent, viable commercial space shall be considered space that is sufficient to support most permitted commercial uses in the zoning district, and is not related to the sale or operation of the multifamily units. Seven thousand five hundred (7,500) square feet per dwelling unit is for structures that do not meet the above ground floor independent viable commercial space requirement.