Chapter 3 - Special Ocean Parkway District (OP)

The "Special Ocean Parkway District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include among others the following specific purposes:

(a)        to promote and strengthen the scenic landmark designation of Ocean Parkway by requiring landscaping along Ocean Parkway;

(b)        to maintain the existing scale and character of the community by limiting the bulk of permitted community facilities;

(c)        to protect the environmental quality of and improve circulation within the District by requiring enclosed parking for all uses along Ocean Parkway and by requiring off-street loading for certain community facilities throughout the District; and

(d)        to promote the most desirable use of land in this area and thus to conserve the value of land and thereby protect the City's tax revenue.

In harmony with the general purposes of the Special Ocean Parkway District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special Ocean Parkway District is superimposed are made inapplicable and special regulations are substituted therefor. Except as modified by the express provisions of the Special District, the regulations of the underlying districts remain in force. In flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.

For the purpose of applying the Inclusionary Housing Program provisions set forth in Sections 23-154 and 23-90, inclusive, Mandatory Inclusionary Housing areas within the Special Ocean Parkway District are shown on the maps in APPENDIX F of this Resolution.

The Subdistrict of the Special Ocean Parkway District is identified in Appendix A of this Chapter. In addition to the requirements of Sections 113-10 through 113-40, inclusive, the special regulations set forth in Sections 113-50 through 113-57, inclusive, shall apply to the Subdistrict.

In Residence Districts and Commercial Districts with residential equivalents, all community facility buildings, and portions of buildings containing community facility uses, shall be subject to the applicable underlying district bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), except as provided below:

(a)        in R2X Districts, the residential bulk regulations of an R3-1 District shall apply to community facility buildings;

(b)        in R6 or R7 Districts with a letter suffix, the applicable bulk regulations set forth in Article II, Chapter 4 (Bulk Regulations for Community Facilities in Residence Districts) shall apply;

(c)        in the Subdistrict, the bulk regulations of Article II, Chapter 3 shall apply, except as set forth in Section 113-503 (Special bulk regulations); and

(d)        in R6 or R7 Districts without a letter suffix, the community facility bulk regulations of Article II, Chapter 4, may be made applicable by certification of the City Planning Commission, pursuant to Section 113-41 (Certification for Community Facility Uses on Certain Corner Lots).

For all zoning lots with frontage along Ocean Parkway, there shall be a 30 foot front yard. No obstructions including porches either open or enclosed, canopies or stairs are permitted within the front yard. Any driveway within such front yard shall be perpendicular to the street line or, in the case where the street wall is not parallel with the street line, the driveway shall be perpendicular to the street wall.

Balconies pursuant to Section 23-13 may, by a depth of not more than six feet, penetrate front yards, except along Ocean Parkway.

(a)        For any building containing a school for children below grade 7, off-street loading facilities shall be provided in accordance with the requirements of this Section. Such off-street loading facilities shall be so situated and arranged to provide head-in and head-out movement of vehicles on two separate streets, and shall have a minimum dimension of 12 feet. All such off-street loading facilities shall be screened from adjacent zoning lots by a four foot buffer of shrubbery that is at least four feet high at the time of planting.

(b)        For other schools with no children below grade 7, an off-street loading facility shall be provided with a minimum dimension of 12 by 18 feet.

Within the Special Ocean Parkway District, the City Planning Commission may allow, by certification, community facility developments or enlargements or changes of use containing community facility uses, to exceed the bulk regulations of Section 113-11 (Special Bulk Regulations for Community Facilities) when located on corner lots, one lot line of which is the street line of a wide street, provided that:

(a)        the community facility building will comply with the bulk regulations of Article II, Chapter 4 (Bulk Regulations for Community Facilities in Residence Districts); and

(b)        the scale of the proposed community facility building is appropriate to the scale of the surrounding development.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

Within the Special Ocean Parkway District, the City Planning Commission may authorize enlargements that exceed the bulk limitations of Section 113-11 (Special Bulk Regulations for Community Facilities), provided:

(a)        the existing building is a community facility building developed prior to December 19, 1996;

(b)        the existing community facility building is located partially or wholly on a corner lot, one lot line of which is the street line of a wide street;

(c)        the enlarged community facility building will comply with the bulk regulations of Article II, Chapter 4 (Bulk Regulations for Community Facilities in Residence Districts); and

(d)        the scale of the proposed community facility building is appropriate to the scale of the surrounding area.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For single- and two-family detached and semi-detached residences, and for zoning lots containing both community facility and residential uses, certain underlying district bulk regulations are set forth in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), except as superseded by those set forth in Sections 113-51 through 113-55, inclusive. The regulations applicable to a predominantly built-up area shall not apply in the Subdistrict.

For community facility buildings, the bulk regulations of Article II, Chapter 3, are superseded by those set forth in Sections 113-51 (Maximum Permitted Floor Area Ratio), 113-542 (Minimum required front yards), 113-543 (Minimum required side yards), 113-544 (Minimum required rear yards) and 113-55 (Height and Setback Regulations). The provisions of Sections 24-01 (Applicability of this Chapter), 24-012 (Exceptions to the bulk regulations of this Chapter), paragraph (a), and 24-04 (Modification of Bulk Regulations in Certain Districts), pertaining to R4-1 Districts, shall not apply in the Subdistrict.

For permitted residential uses, the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall apply with the following modifications:

(a)        open accessory off-street parking spaces shall not be located within a front yard unless such spaces are located in a permitted side lot ribbon;

(b)        three-foot overhangs in a required 18-foot front yard in R4 or R5 Districts shall not be permitted; and

(c)        balconies shall not be a permitted obstruction in rear yards or rear yard equivalents.

The regulations set forth in Section 23-461 (Side yards for single- or two- family residences) pertaining to R4A Districts shall apply to detached buildings. The regulations in that Section pertaining to R4-1 Districts shall apply to semi-detached residences.

For an existing single- or two-family residence with a non-complying side yard, an enlargement involving a straight line extension of the existing building walls facing such non-complying side yard is permitted, provided that:

(a)        the portion of the building which is enlarged complies with the height and setback regulations set forth in Section 113-55;

(b)        the minimum distance between such building wall and the nearest building wall, or prolongation thereof, on an adjoining zoning lot across the common side lot line is eight feet;

(c)        the enlarged building does not contain more than two dwelling units;

(d)        there is no encroachment on the existing non-complying side yard, except as set forth in this Section; and

(e)        the enlargement does not otherwise result in the creation of a new non-compliance with the applicable bulk regulations.

The height and setback regulations of a building or other structure in the Subdistrict shall be those applicable to R4A Districts in Section 23-631 (General provisions), except that paragraph (b)(2) shall be modified as follows:

Each perimeter wall of the building or other structure may have one or more apex points directly above it on the 35 foot high plane. (See Section 23-631, Figure B).