By NANETTE LoBIONDO GALLOWAY
MARGATE – The Board of Commissioners Oct. 20 introduced two ordinances revising zoning regulations to allow third floor decks that adhere to new design standards.
Ordinance 23-2022 strikes a paragraph in the definitions section of Chapter 175-2 limiting decks above the first floor to the second floor and adds a paragraph that defines third floor decks on residential properties that face the bay, lagoons, creeks and ocean, or those that face the street and meet existing setback requirements.
Ordinance 24-2022 adds the new design standards for third floor decks that do not face the water and restricts them in size to be half the size of the deck below or if there is no deck below to a third of the width of the building. Decks on corner lots may be allowed to face either street front or one deck facing both streets with the same size restrictions. They may not have a solid roof.
The city planned to adopt these ordinances during the summer but held off until the Planning Board could more thoroughly clarify the design standards, Zoning Officer Roger McLarnon said.
“We discussed it with the Planning Board they agreed it would not include decks in the rear yard, just facing the street alone,” he said. “It will allow them to be much smaller than second floor decks, they can only face the street, and any request for third floor decks other than street-front, would still require a variance with proper notification.”
Commissioner John Amodeo said the Planning Board over the last few years has consistently granted variances allowing third flood decks and said the ordinance revision would eliminate most of the variance applications.
“If they continually pass (variances), it is proper planning to correct our ordinance to address the issue,” Amodeo said.
The planning board has approved more than 50 third floor deck variances over the last three years, and there are 12 applications pending planning board review, “with the threat of five or six more,” McLarnon said.
Applicants on the docket could wait until the ordinance has passed to withdraw their applications.
If adopted, the changes will save applicants time and money, he said.
Commissioner Maury Blumberg said residents have expressed concerns about the increasing height and width of new homes.
“Can we confirm that this ordinance in no way, shape or form will allow anybody to build any higher or wider?” Blumberg asked.
“I can confirm it does not add any width or encroach into any setbacks,” McLarnon said.
Public hearings and votes on the two ordinances will be held at 4 p.m. Thursday, Nov. 3.
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