§ 47-23.11. Modification of required yards.

A.

Criteria for modification of required yards. The planning and zoning board shall upon written application for site plan level III approval, as provided in Section 47-24.2, Development Permits and Procedures, consider a request to modify the required yards as specified in the Table of Dimensional Regulations within the RMM-25, RMH-25 and RMH-60 residential zoning districts, and may change such minimum yard requirements, provided, however, that the following additional criteria for such approval are met:

1.

By adjusting the location of the structure on the site, an architectural and/or engineering study can graphically prove that a superior site development as relating to shadows will result from such adjustment; or

2.

By adjusting the location of the structure on the site when the site abuts the Intracoastal Waterway or other permanent public open space, land or water and it is found that allowing a reduction is compatible with adjacent properties, as defined in this section; or

3.

By adjustment of yards it is found that:

a.

There is continuity of yards between the proposed development and adjacent properties; and

b.

There is continuity of architectural features with adjacent properties which encourages public pedestrian interaction between the proposed development and the public street; or instead of subsections A.3.a and b, it is found that;

c.

There is continuity of architectural features with adjacent properties. Architectural features include but are not limited to those listed in subsection A.3.e; and

d.

There is continuity of urban scale with adjacent properties. Urban scale includes height, proximity to street front and relationship of building size to the lot size;

e.

In addition to the reduction in minimum yards meeting subsections A.3.a and b or subsections A.3.c and d, the development includes a minimum of four (4) of the following architectural features: Terracing; variation in rooflines; cantilevering; angling; balconies; arcades; uniform cornice heights; color and material banding; building mass changes; courtyards; plazas and landscaped areas which encourage pedestrian interaction between the development site and a public street.

4.

In addition to subsection A.1, 2, or 3 the following shall be met:

a.

The applicable minimums pertaining to all other zoning requirements applicable to the development are met.

b.

A structure with a required yard proposed to be modified that is located on a development site abutting or separated only by a right-of-way from the Intracoastal Waterway or other permanent public open space, land or water shall not cast a shadow that exceeds fifty percent (50%) of such public water or land area at any time between the hours of 9:00 a.m. and 5:00 p.m. on March 21 (vernal equinox). For sites along the Atlantic Ocean, the public area subject to review shall be the sandy beach westward of the mean high water line as defined in Section 47-2, Measurements. The public open space, land or water as described in this section shall be measured by extending a line from the points where the property lines intersect at the corners of the development site abutting the public area or separated from the area by a right-of-way, and extending those lines across the public area perpendicular to the development site.

c.

That the intent and spirit of the dimensional regulations, of the applicable district concerning yards as relating to air, light and shadow is maintained.

5.

Definitions. For the purpose of this subsection:

a.

Adjacent properties. Shall mean buildings located on the same side of and fronting the same right-of-way as the proposed development and within a six hundred-foot distance on one (1) side or three hundred-foot distance on both sides of the proposed development.

b.

Continuity. Shall mean that the same setback or feature exists on adjacent properties to an extent which furthers a sense of order and harmony along the street front.

(Ord. No. C-97-19, § 1(47-23.11), 6-18-97; Ord. No. C-98-30, § 1, 6-2-98)