[Amended 5-10-1996 by Ord. No. 52-96; 3-9-2001 by Ord. No.
95-00; 3-12-2004 by Ord. No. 122-03]
E.
Building encroachments.
[Amended 3-14-2014 by Ord. No. 171-13; 5-13-2016 by Ord. No. 180-16]
(1)
The encroachments of a building into the lot setback areas not exceeding a total of one foot to all sides is permitted on structures built or altered prior to June 9, 1984, provided that this exception shall not be construed so as to permit any new encroachment after June 9, 1984, unless a variance has been granted in accordance with item (2) below or § 145-58C of this chapter.
(2)
In accordance with Delaware Code Title 22, § 327, (a), (3), on a case by case basis, the Code Enforcement Constable is authorized to administratively grant a dimensional variance allowing encroachment into the setback of up to one foot, without the application being considered by the Board of Adjustment, when both of the following conditions are satisfied:
(a)
The structure has been in existence for at least five years on the
same lot as evidenced by a certificate of compliance/occupancy or
other records of the town.
(b)
The encroachment is due to a surveying error, and/or the encroachment
is due to a minor unintentional construction error where the structure,
or portion of the structure, which is in noncompliance was legally
constructed with a valid building permit.
(3)
Encroachments
of roof overhangs, cornices, eaves, gutters, or chimneys projecting
not more than 18 inches into the setback are allowed, provided that
no railings, decks, or other structures shall be constructed on top
of that portion of the overhang that encroaches into the setback.
F.
Minimum building floor area: 750 square feet first
livable story.
G.
Maximum floor-to-area ratio (FAR) shall be 71% of
total lot area.
H.
Maximum livable area ratio (LAR) shall be 60% of total
lot area.
I.
Maximum building area: Anything in this article to
the contrary notwithstanding, no single-family dwelling shall exceed
5,500 square feet of total floor area.
J.
Maximum building height:
[Amended 8-8-2014 by Ord. No. 172-14; 5-13-2016 by Ord. No. 180-16; 10-14-2016 by Ord. No. 184-16]
(1)
Principal building: 33 feet; accessory building: 15 feet, measured from the center line of the street, except as provided in § 145-38E(2). Minimum roof pitch: 4/12.
(2)
Notwithstanding § 145-35J(1) above, where the principal building has a freeboard equal to or greater than two feet above the base flood elevation (BFE), the principal building maximum height may be 35 feet measured from the center line of the street or 38 feet based on NAVD 88. Minimum roof pitch: 4/12.
(3)
In
the VE Zone, the principal building height may be 33 feet above the
base flood elevation (BFE). Where the principal building has a freeboard
equal to or greater than two feet above the base flood elevation (BFE),
the principal building maximum height may be 35 feet above base flood
elevation (BFE). Minimum roof pitch: 4/12.
(4)
In
the AE and AO Zones, if the bottom of the lowest horizontal structural
member supporting the lowest floor is at or above base flood elevation
(BFE), the principal building height may be 33 feet above the base
flood elevation (BFE). Where the bottom of the lowest horizontal structural
member supporting the lowest floor is two feet or more above the base
flood elevation (BFE) the principal building height may be 35 feet
above the base flood elevation (BFE). Minimum roof pitch: 4/12.
K.
Maximum number of kitchens: No single-family dwelling
in the R-1 Single-Family Dwelling District shall contain more than
one kitchen constructed for occupancy as a single-family residence.
[Amended 6-23-2016 by Ord. No. 181-16]
L.
Minimum ground floor elevation: The elevation of any ground floor
structure shall be equal to or greater than the center line of the
street.
[Added 10-14-2016 by Ord.
No. 184-16]
A.
Minimum lot area: 7,000 square feet.
B.
Minimum lot width: 60 feet.
C.
Maximum lot coverage by buildings subject to setbacks includes principal and accessory buildings. Maximum coverage is the maximum horizontal cross-section areas of the buildings on a lot, excluding roof overhangs, cornices, eaves, gutters or chimneys projecting not more than 18 inches; provided that the parking and loading requirements of Article XIII of this chapter are satisfied.
[Amended 3-14-2014 by Ord. No. 171-13]
D.
Minimum building floor area subject to setbacks shall be 750 square
feet first floor.
[Amended 3-14-2014 by Ord. No. 171-13]
