§ 74-207. Ocean setback regulation.

Upon request of a property owner or his agent, the building inspector will establish the proper building setback line for purposes of determining setbacks under the town ordinances. The determinations so made shall be valid for a period of 60 days from such determination, unless substantial construction has begun on the lot within said 60 days. Substantial construction shall be deemed the installation of foundation piling, or, if no pilings are required, the installation of footings. If no substantial construction has been undertaken within 60 days, the appropriate ocean setback line must be reestablished.

(1)

No building or other structure (unless expressly allowed by this section) shall be erected within the oceanfront setback for residential structures established under the Coastal Area Management Act and its rules and regulations as adopted by the coastal resources commission from time to time.

(2)

The following structures, to the extent consistent with laws and regulations adopted in accordance with the Coastal Area Management Act, shall be allowed to be constructed on improved or unimproved lots without regard to the setbacks established by this section:

a.

One beach accessway for each single-family lot;

b.

One beach accessway for each 100 feet of ocean frontage of multifamily, recreational, commercial or institutional property, as follows:

1.

Zero—100 feet, one accessway;

2.

101 feet—200 feet, two accessways;

3.

201 feet—301 feet, three accessways; and so forth;

4.

Temporary sand or snow fences.

(3)

As used within this section, the term "beach access" shall mean a raised pedestrian walkway, with a platform overlooking a step system to allow access to the foreshore.

(4)

Every beach accessway shall be constructed of durable wood, and shall remain unpainted. Each accessway must be constructed on post or piling sunk to a depth of no more than five feet, and only the post shall be in contact with the dune. Floor planks shall be spaced to allow water, light and sand passage. Construction shall minimize visual obstruction by eliminating solid siding or roofing.

(5)

The raised walkway shall not exceed six feet in width.

(6)

The platform overlook shall not exceed 160 square feet in size on single-family residential lots, or 400 square feet in size on any other parcel.

(7)

The floor of the platform overlook shall be no more than three feet above the natural crest of the dune.

(8)

The step system shall intrude onto the beach only as required to minimize contact with the seaward face of the dune.

(9)

The step system shall be promptly relocated upon substantial erosion or accretion of the frontal dune.

(10)

Should any platform overlook be destroyed as to at least one-half of its square footage, such platform overlook, and all steps leading thereto, shall not be reconstructed without the issuance of a building permit, and until it conforms with the standards imposed by this section.

(11)

For a beach front lot with an existing house/structure, no construction, additions or other modifications to the structure shall be permitted seaward of the existing structure. Exceptions to this requirement include: 1) uncovered porches; 2) uncovered decks; and 3) uncovered walkways which may be authorized by the planning/inspections director; all to the extent permitted by the coastal resources commission.

a.

For vacant beach front lots, the setback line shall be a straight line that connects the points on the two nearest principal structures on either side (east and west) of the lot that constitute the most seaward points on those structures. If a structure is on a keyed lot as in the Maritime Place and Forest Dunes Subdivision, the straight line will be established between the points of the two nearest principal structures on similarly keyed lots. If a greater setback is established by the coastal resources commission, that setback shall prevail.

b.

Structures sustaining less than 50 percent damage, and therefore reparable, shall comply with this section and any coastal resources commission rules or regulations, notwithstanding the provision of this section, if a more restrictive setback is established in the dimensional requirement table of the zoning ordinance, the dimensional requirement table will control.

(Code 2001, § 21-6(g); Ord. No. 1989-9, 3-14-1989; Ord. No. 1993-4, 8-10-1993; Ord. No. 1994-6, 12-13-1994; Ord. of 6-13-2006, § III; Ord. No. 2008-07, 9-9-2008; Ord. No. 2009-14, §§ 1., 2., 9-25-2009)