§ 74-289. Maximum lot coverage.

Impervious coverage, including, but not limited to, roofs, driveways, paved walkways and paved patios, shall not:

(1)

Exceed 35 percent of the total land area for each lot within residential property districts R-1, R-2, R-3 and R-4; or

(2)

Exceed 25 percent of the total land area for each lot the area designated as the flood-prone area in subsection 30-26(i) and any other lot in residential property districts R-1, R-2, R-3, and R-4 with a seasonal high water table of 24 inches or less to grade.

Natural terrain shall be maintained to the extent possible with minimum disturbance to maritime forest and shrubs and impact to adjacent properties. To achieve this goal, swimming pools shall be considered as part of the impervious development limits of this section, but not for the purpose of stormwater requirements in Section 74-88.

Notwithstanding the provisions of this section, should impervious coverage on any lot as of the enactment of the ordinance codified herein exceed the limits established herein, in the event of a casualty loss (i.e., unintentional loss), such lot and the structures thereon shall be deemed conforming for all purposes, including maintenance and reconstruction of improvements in the event of damage, as long as the amount of impervious surface is not increased, and complies with other regulations.

In the event of demolition, damage, or destruction to structures with impervious coverage exceeding the limits above, resulting from the intentional act of the property owner or his agents, which results in the removal of less than 50 percent of the pre-existing structure footprint, redevelopment shall not exceed the pre-existing impervious footprint. In the event of new construction, demolition, damage, or destruction to structures with impervious coverage exceeding the limits above, resulting from the intentional act of the property owner or his agents, which results in the removal of 50 percent or more of the pre-existing structure footprint, redevelopment or reconstruction shall be subject to this section and to the provisions relating to nonconformity set forth in article VII.

(Ord. of 1-10-2006, § 1; Ord. No. 2013-11, pt. I, 9-12-2013; Ord. No. 2016-16, Art. V, a., 12-7-2016)