The purpose of this district is to
provide zoning regulations for incorporated municipalities having
no zoning provisions of their own and which choose to come under the
Sussex County Comprehensive Zoning Ordinance. The pattern of most
areas within incorporated municipalities is already established by
existing structures and uses. The intent of the UB regulations, therefore,
is to prevent deterioration and abuse of the existing pattern in each
locality of a municipality. To avoid making a majority of the existing
structures and uses nonconforming, UB regulations are broadly flexible.
A building or land shall be used
only for the following purposes:
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Amusement places or theaters, except
open-air drive-in theaters. Amusement places include bowling alleys,
dance halls, subject to applicable county regulations, skating rinks,
swimming pools, miniature golf, billiard or pool parlors, indoor model
racing tracks and similar activities.
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Any use permitted in the UR District
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Automobile parking lots and garages,
automobile sales, service and repair, but not auto salvage or junk,
and any major repair or storage of equipment or materials or damaged
vehicles shall be inside a completely enclosed building
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Bakeries, provided that all products
produced on the premises shall be sold at retail on the premises
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Banks, drive-in or otherwise, so
long as driveway space shall be provided off the street for all vehicles
waiting for drive-in service
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Barbershops or beauty parlors
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Bicycle sales and repair shops
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Boat and boat sales and storage,
but not marinas
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Bottling works, dyeing and cleaning
works, plumbing and heating shops, painting shops, upholstering shops
not involving furniture manufacture, tinsmithing shops, tire sales
and service (including vulcanizing and recapping, but no manufacturing),
appliance repairs and general service and repair establishments, similar
in character to those listed in this item, provided that no outside
storage of material is permitted, except as provided in this section
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Car washes or automobile laundries,
automatic or otherwise
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Catering or delicatessen businesses
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Clinics
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Dry-cleaning laundries or pressing
pickup stations or shops
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Farm implement sales, service, rental
and repair, but not salvage or junk, provided that major repair or
storage of materials or damaged or unusable implements or vehicles
shall be inside a completely enclosed building
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Filling stations, subject to the requirements listed in § 115-69
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Flower shops and greenhouses incidental
thereto
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Frozen food lockers for individual
or family use
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Laundromats or self-service dry-cleaning
establishments
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Lawn mower, yard and garden equipment,
rental, sales and service
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Manufactured home sales and storage,
but not manufactured home parks
[Amended 10-12-2010 by Ord. No. 2152] |
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Monument sales establishments with
incidental processing to order, but not including the shaping of headstones
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Offices, general business or professional
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Printing, publishing and engraving
establishments
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Private clubs, lodges or meeting
halls
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Radio and television broadcasting
stations or studios
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Restaurants, drive-in or otherwise
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Shoe repairing shops
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Shops for the sale, service or repair
of home appliances, office machines, electrical and television and
radio equipment
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Stores or shops for the conduct of
retail business, including sale of accessories, antiques, apparel,
appliances, beverages, books, carpets, drugs, fabrics, food, furniture,
general merchandise, hardware and lumber and building material, garden
supplies, hobby supplies, jewelry, office supplies, paint, sporting
goods and stationery, and similar stores and shops
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Studios for artists, photographers,
teachers, sculptors and musicians
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Telephone stations or booths, including
drive-in or talk-from-car stations, and telephone central offices,
provided that all storage of materials, all repair facilities and
all housing of repair crews are within a completely enclosed area
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Tourist homes
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Manufactured home sales and storage,
but not manufactured home parks
[Amended 10-12-2010 by Ord. No. 2152] |
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Undertaking businesses or establishments
or funeral homes
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Used car sales and storage lots
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Wholesale establishments
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Permitted accessory uses shall be
as follows:
The following uses may be permitted as conditional uses when approved in accordance with the provisions of Article XXIV of this chapter:
A.
Hospitals or clinics for small animals,
dogs, cats, birds and the like, provided that such hospital or clinic
and any treatment rooms, cages, pens or kennels are maintained within
a completely enclosed, sound proof building and that such hospital
or clinic is operated in such a way as to produce no objectionable
noise or odors outside its walls.
B.
Hotels, motels or motor lodges.
C.
Material storage yards in connection with
a permitted use where storage is incidental to the approved occupancy
of the building, provided that all products and materials used or
stored are in a completely enclosed building or enclosed by a masonry
wall, screening, fence or hedge, not less than six feet in height.
Storage of all materials and equipment shall not exceed the height
of the wall. Storage of cars and trucks used in connection with the
permitted trade or business is permitted within the walls or screen,
but not including storage of heavy equipment, such as road-building
or excavating equipment.
D.
Building or land used for light industrial
and storage purposes, including the following uses and any similar
uses which are not likely to create any more offensive noise, vibration,
dust, heat, smoke, odor, glare or other objectionable influences than
the minimum amount normally resulting from other uses listed, such
listed uses being generally wholesale establishments, service industries
and light industries that manufacture, process, store and distribute
goods and materials and are, in general, dependent on raw materials
refined elsewhere and manufacture, compounding, processing, packaging
or treatment, as specified, of the following products or similar products:
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Bakery products, wholesale (manufacturing
permitted)
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Beverage blending, bottling (all
types), but not distilling
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Boat manufacture and repair (vessels
less than five tons), boat sales, service, storage or rentals
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Building materials (bulk cement and
lime, sand, gravel, stone, structural or reinforcing steel, pipe and
the like) storage and sales, open or enclosed, but not manufacture
or steel fabricating or junk storage
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Button manufacture
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Cleaning and dyeing of garments,
hats and rugs
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Contractors' shops and storage yards
or equipment rental
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Dairy operations and dairy products,
ice cream and cheese
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Electrical appliances or electronic
apparatus, medical, optical or drafting equipment, toys, games, musical
instruments, manufacture or assembly
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Fertilizer storage in bags or bulk
storage of liquids or dry fertilizer in tanks or in a completely enclosed
building, but not manufacture or processing
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Fruit and vegetable processing, including
canning, preserving, drying and freezing
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Greenhouses, commercial, wholesale
or retail
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Heating, ventilating, cooling and
refrigeration supplies and appliances
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Ice manufacture, including dry ice
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Knitting, weaving, printing and finishing
of textiles and fiber into fabric goods or clothing, hats or hosiery
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Laboratories, research or experimental,
but not including combustion-engine testing
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Machinery manufacture and machine
shops
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Manufacturing of modular and manufactured-home-type
structures
[Amended 10-12-2010 by Ord. No. 2152] | |
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Meat products, packing and processing
(not slaughtering)
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Metal products manufacture, such
products as bolts, nails, staples, needles, pins, metal containers,
ornamental iron fabrication, silverware and plated wire
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Pharmaceutical products and drugs
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Plumbing supplies, manufacture, sale
or storage
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Printing, publishing and engraving,
photographic processing or blueprinting
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Sheet metal products, ductwork and
containers
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Sign fabrication and painting shops
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Tire retreading, recapping and vulcanizing
shops
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Trailers and truck bodies, assembly
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Truck and transfer terminals, freight
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Warehouses, wholesale houses and
distributors and wholesale markets
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Welding or soldering shops
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Wood products manufacture, including
baskets, boxes, crates, barrels and veneer
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F.
Nursing and similar care facilities.
[Added 4-16-2019 by Ord. No. 2645]
Special use exceptions may be permitted by the Board of Adjustment in accordance with the provisions of Article XXVII of this chapter and may include:
A.
Temporary and conditional permits for a
period not to exceed five years, such period to be determined by the
Board, for the following uses:
[Amended 11-10-1992 by Ord. No. 863; 10-12-1999 by Ord. No.
1346; 10-12-2010 by Ord. No. 2152; 10-22-2019 by Ord. No. 2684]
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Archery ranges
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Asphalt batching plants or concrete
batching plants
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Commercial dog kennels
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Driving ranges
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Outdoor display or promotional activities
at shopping centers or elsewhere
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Pony rings
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Raising for sale of birds, bees,
rabbits and other small animals, fish and other creatures
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Riding academies, public stables
or private stables
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Temporary buildings for use as a
sales or rental office for an approved real estate development or
subdivision
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Tents for special purposes for a
period exceeding three days. The Director may, without requiring an
application for a special use exception, grant approval for a tent
for a special purpose (revival, reception, tent sale as an accessory
to a business or commercial use, or other similar activities). If
approved by the Director, a tent for special purposes may be utilized
on a parcel no more than three times in a calendar year.
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Use of a manufactured home as a single-family
dwelling in any district to meet an emergency or hardship situation
when not approved administratively by the Director or his or her designee,
such permit not to exceed two years. The Director may, without requiring
an application for a special use exception, grant an extension for
an emergency or hardship situation previously approved by the County
Board of Adjustment upon receipt of an affidavit from a doctor stating
that the emergency or hardship situation still exists. Such extension
may be granted annually as long as the emergency or hardship still
exists.
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Use of a manufactured-home-type structure
for any business, commercial or industrial use when not approved administratively
by the Director or his or her designee
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B.
Exceptions to parking and loading requirements
as follows:
(1)
Off-street parking areas, adjacent to or at a reasonable distance from the premises on which parking areas are required by the parking regulations of Article XXII, where practical difficulties, including the acquisition of property, or undue hardships are encountered in locating such parking areas on the premises and where the purpose of these regulations to relieve congestion in the streets would best be served be permitting such parking off the premises.
(2)
Waiver or reduction of the parking and
loading requirements in any district whenever the character or use
of the building is such as to make unnecessary the full provision
of parking or loading facilities.
(3)
Waiver or reduction of loading space requirements
where adequate community loading facilities are provided.
(4)
Waiver or reduction of loading space requirements
for uses which contain less than 10,000 square feet of floor area
where construction of existing buildings, problems of access or size
of lot make impractical the provision of required loading space.
C.
Other special use exceptions as follows:
[Amended 10-12-2010 by Ord. No. 2152; 9-13-2011 by Ord. No. 2213; 4-16-2019 by Ord. No. 2645; 10-22-2019 by Ord. No. 2684]
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Alteration, extension or replacement of a nonconforming manufactured home, subject to the provisions of § 115-196
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Cemeteries for pets
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Commercial greenhouses, wholesale
or retail, and nurseries for growing of plants, trees and shrubs,
including a building for sale of products produced on the premises
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Day nurseries or child-care centers
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Garage/studio apartments, when not
approved administratively by the Director or his or her designee,
provided that at least one parking space for the exclusive use of
the tenant is included on the premises
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Public telephone booths in residential
areas
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[Amended 10-3-1989 by Ord. No. 619; 9-11-1990 by Ord. No.
719; 12-2-2008 by Ord. No. 2008]
A.
Minimum lot sizes. Minimum lot sizes shall
be as follows:
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Use
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Area**
(square feet)
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Width*
(feet)
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Depth
(feet)
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Single-family dwelling
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10,000
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75
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100
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Other
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10,000
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75
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100
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*NOTE: A lot fronting on a numbered
road shown on the General Highway Map for Sussex County of 1964, as
revised, shall have a minimum lot width of 90 feet.
[Added 11-7-1989 by Ord. No. 632] | |
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**NOTE: Any lot which is not connected to a central sewer system, as defined by § 115-194A, or which is located within a planning area as defined by a sewer planning study approved by the Sussex County Council, shall have a minimum area of 3/4 acre.
[Added 7-15-1997 by Ord. No. 1157] |
B.
Minimum yard requirements. Minimum yard
requirements shall be as follows:
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Use
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Depth of Front Yard
(feet)
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Width of Side Yard
(feet)
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Depth of Rear Yard
(feet)
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|---|---|---|---|
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Single-family dwelling
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40 (30)*
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10
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10
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Other
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40
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5
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5
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Multifamily-type structures
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(See Table II, included at the end
of this chapter.)
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*NOTE: See also the table of district
regulations at the end of this chapter.
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C.
Maximum height requirements. Maximum height
requirements shall be as follows:
[Amended 10-31-1995 by Ord. No. 1062]
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Use
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Feet
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Single-family dwelling
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42
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Other
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42
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