113-50 The Subdistrict
In order to preserve and enhance the character of the neighborhood, the Subdistrict within the Special Ocean Parkway District is established which encourages large single- or two-family detached and semi-detached residences.
Within the Subdistrict, single- and two-family detached and semi-detached residences and uses listed in Use Groups 3 or 4 are the only permitted uses. Non-conforming single- or two-family residences may be enlarged or extended pursuant to the provisions of the Subdistrict provided that a 30 foot rear yard is maintained. All other non-conforming uses shall be subject to the provisions of Article V, Chapter 2 (Non-conforming Uses).
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regulations are set forth in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), except as superseded by those set forth in Sections 113-51 through 113-55, inclusive.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For community facility buildings, the bulk regulations of Article II, Chapter 3, are superseded by those set forth in Sections 113-51 (Maximum Permitted Floor Area Ratio), 113-542 (Minimum required front yards), 113-543 (Minimum required side yards),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.
The maximum permitted floor area ratio shall be 1.50.
The regulations set forth in Section 23-22 (Maximum Number of Dwelling Units) pertaining to R4-1 Districts shall apply.
The regulations set forth in Section 23-32 (Minimum Lot Area or Lot Width for Residences) pertaining to R4-1 Districts shall apply to residential uses. The regulations set forth in Section 24-20 (APPLICABILITY OF DENSITY REGULATIONS TO ZONING LOTS CONTAINING BOTH RESIDENTIAL AND COMMUNITY FACILITY USES), pertaining to R4 Districts, shall apply to buildings used partly for residence and partly for community facility use.
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 23-45 (Minimum Required Front Yards) pertaining to R4-1 Districts shall apply.
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.
One rear yard with a depth of not less than 20 feet shall be provided on any zoning lot except a corner lot. The provisions of Section 23-52 (Special Provisions for Shallow Interior Lots) shall be inapplicable. The provisions of Section 23-53 (Special Provisions for Through Lots) pertaining to R4 Districts shall apply except that the provisions in Section 23-532 (Required rear yard equivalents) shall be modified to require 40 feet instead of 60 feet in paragraph (a), or 20 feet instead of 30 feet in paragraphs (b) and (c).
The regulations set forth in Section 23-49 (Special Provisions for Side Lot Line Walls) pertaining to R4-1 Districts shall apply.
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).
Except as set forth in this Section, the regulations set forth in Article II, Chapter 5 (Accessory Off-street Parking and Loading Regulations), pertaining to R2X Districts, shall apply.
One accessory off-street parking space shall be provided for each dwelling unit created after August 3, 1993. This requirement may be waived for a single-family residence on an interior zoning lot that has a width of less than 25 feet along a street.
For the purposes of applying the regulations of Article VII, Chapter 7 (Special Provisions for Zoning Lots Divided by District Boundaries), the Subdistrict shall be considered an R4-1 District.