Section 110-439. Minimum lot area; frontage; setbacks; accessory uses.

(a) The minimum lot size for a detached single-family structure in the residential planned unit development shall be an area not less than 6,000 square feet and having a width of not less than 60 feet. The minimum lot size may be waived by the city council if the proposed lots all have substantial relationship to the common open space (e.g., directly adjacent or abut a common open space area) and the arrangement of dwelling units provides for adequate separation of units and the living area of the dwelling units is properly related to the configuration of the proposed lots. All lots to be platted at less than 7,500 square feet shall have the location of structures set forth on the final development plan.

(b) Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via paved road, pedestrianway, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a public dedicated road. The city shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area to meet emergency needs, to conduct city services and to generally ensure the health and safety of the residents of the residential planned unit development.

(c) Minimum distances between structures and setbacks shall be as follows:

(1) For a single-family detached structure, the structure shall set back not less than eight feet from the side lot lines and not less than 15 feet from the rear lot line. On a corner lot, the side street setback shall be not less than 25 feet. The city council may, upon recommendation of planning and zoning board, reduce the required side setbacks and the distances between structures, provided that proposed structures do not abut utility easements or otherwise affect the ability to provide and maintain utility service to each lot, to provide the usage of zero lot line application and other innovative building techniques.

(2) Between structures of two stories or less, 15 feet.

(3) Between structures of three stories, 20 feet.

(4) Between structures of four stories, 25 feet.

(5) Between structures over four stories, five feet for each additional story.

(6) Between structures of varying heights, the larger distance separation shall be required.

Buildings shall not exceed the maximum height allowed in the zoning district in which they are constructed.

(d) setbacks required between the nearest part of any building wall and the edge of any public right-of-way or private street pavement shall be 25 feet, unless waived by the city council based on the recommendation of the planning and zoning board. A minimum 25-foot setback shall be maintained between the walls of all structures and the property line along the perimeter of the residential planned unit development, unless waived by the city council.

(e) On property bordering the ocean, a minimum of 25 percent of the frontage shall be left open as breezeway.

(f) On property bordering the ocean, all structures shall be set back at least 50 feet from the bluff line or vegetation line, whichever is greater, provided such setback is also subject to the coastal setback line established by the state department of environmental protection. On all property bordering other major waterways, all structures shall be setback at least 25 feet from the established shoreline. This setback shall be free of all uses.

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