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  • Restrictive Covenants
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  • Allowable Times / Setbacks
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  • CONSTRUCTION IN MIDDLESEX BEACH-Allowable Setbacks

    One of the most frequently asked questions about Building in Middlesex Beach relates to the allowable setbacks. As stated in Section 9 of the MBA Restrictive Covenants, these vary in different parts of the community.
  • Height limits of the main structure on a lot are always 35', measured from the highest point of any road adjacent to the property.
  • In summary form, the allowable setbacks are:
    Oceanside: Front: 25' (for oceanfront houses, this the EAST setback. DNREC regulations are likely more limiting.)
    Side: 10' (this applies to property lines between houses, property lines adjacent community walkways, and also to the north and south of corner lots along Dune Road)
    Rear: 25' (this applies to the WEST side of corner lots along Dune Road)
    Commercial: Front: 50' (from Rt. 1)
    Side: 10' (this applies to property lines next to roads)
    Rear: 50' (from Beach Plum Road)
    (any requirements related to parking spaces are controlled by Sussex County)
    Pineside Residential: Front: 25' (from any road)
    Side: 15' (this applies to property lines between properties, and also to the east and west of corner lots along Beach Plum Road and Kent AVe)
    Rear: 25'
    When measuring the setback, any roof overhang is NOT counted unless it projects more than 2' from the building.
    In addition, residential properties are allowed one detached outbuilding, which must be less than 15' high. The front of such a building must be at least 10' behind the rear of the main building. Such a detached outbuilding may "encroach" on the setback at EITHER the side or rear of the lot, but must still be at least 4' from the property line.
    In order to count as an "attached" building, it must be connected to the main building by a 3-dimensional structure, such as a covered walkway.

    This Page: http://www.middlesexbeach.org/building/setback.htm.
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