§ 48-84. Reduction of parking and lot coverage requirements for structures having lost street access due to storm damage.

(a)

Intent . The intent of this section is to facilitate the reestablishment of vehicular access and parking for single-family and duplex dwellings in cases where a town approved street or access easement has been damaged. The provisions of this section shall establish the conditions by which a property will be eligible for permitted reductions of parking standards and/or lot coverage requirements to establish alternative access. The vehicular access provided for herein is not intended to offer or provide or accommodate a full range of municipal services.

(b)

Conditions for granting reductions. Compliance with all the following conditions shall be required for the granting of reductions in parking space dimensional requirements, setback requirements, and surfacing requirements as set forth in section 48-162 of this chapter, and the granting of any parking related lot coverage increases above the maximum allowed pursuant to the dimensional requirements of the zoning district in which the property is located:

(1)

The lot(s) in need of the reduction listed above must have frontage on the Atlantic Ocean, directly abut a lot(s) with frontage on the Atlantic Ocean, abut a previously accessible town street adjacent to the Atlantic Ocean which has been damaged as a result of erosion, or is a lot which provides access to such lots.

(2)

Only lot(s) with existing single-family or duplex structures shall be eligible for the reductions listed above. These reductions are not applicable to new development on any lot.

(3)

Before any zoning permit can be approved, all required permits including, but not limited to CAMA and a septic improvement permit must be issued.

(c)

Standards for granting reductions. The following standards shall be applied in the consideration of reduction requests:

(1)

In cases where the applicant can meet part or all of the requirements of the zoning ordinance, they shall be met in terms of setbacks, lot coverage and the number and dimensions of required parking spaces. All permitted reductions as may be afforded by this section shall be the minimum deemed necessary by the zoning administrator to provide access and parking to the subject property.

(2)

The maximum number of parking spaces shall be the minimum number required by the zoning ordinance.

(3)

Any alternative access way and parking surfaces shall be approved by CAMA.

(4)

There shall be no expansion to the existing dwelling which would result in an increase in the number of required parking spaces or lot coverage.

(5)

The access way shall not exceed ten feet in width.

(6)

For lots of record which front on town approved access easements, yard and lot depth measurements shall be made from the lot line and not from the access easement provided for in section 48-7 (Definitions of specific words and terms: Yard).

(d)

The property owner, by acceptance of the issued zoning permit and performance of the work authorized by said permit, acknowledges and accepts that the granting of the reductions allowed by this section may result in the creation or increase of nonconformities on the property.

(Ord. No. 05-07-025, § I, 7-6-2005; Ord. No. 05-11-047, § I, 11-2-2005)