The purpose of this district is to
provide primarily for retail shopping and personal service uses, to
be developed either as a unit or in individual parcels, to serve the
needs of a relatively small area, primarily nearby rural, low-density
or medium-density residential neighborhoods. To enhance the general
character of the district and its compatibility with its residential
surroundings, signs are limited to those accessory to businesses conducted
on the premises, and the number, area and type of signs are limited.
A.
A building or land shall be used only for
the following purposes:
(2)
Automatic ice-distribution stations or
other drive-in automatic vending machine stations. Groups of vending
machines shall be contained in a completely enclosed building.
(3)
Automobile parking lots and garages, but
not a used car lot or other lot for automobile sales or storage.
(4)
Banks, drive-in or otherwise, so long as
driveway space shall be provided off the street for all vehicles waiting
for drive-in service.
(5)
Bakeries, retail.
(6)
Barbershops or beauty parlors.
(7)
Bicycle sales and repair shops.
(8)
Catering or delicatessen businesses.
(9)
Clinics.
(10)
Dry-cleaning and laundry establishments.
(11)
Filling stations, subject to the
following requirements:
(a)
A site plan must be submitted to
the Commission.
(b)
Design features relative to access
to public roads shall be approved by the Delaware State Highway Department.
(c)
The minimum lot size is 14,000 square
feet.
(d)
The minimum lot depth is 100 feet.
(e)
The minimum lot width is 120 feet.
(f)
The minimum distance between gasoline
pumps and all accessory equipment and facilities and any public roadway
line is 20 feet.
(g)
Hydraulic hoists, service pits and
all lubrication, greasing, repair and washing equipment must be entirely
enclosed within buildings.
(h)
A solid fence or wall at least six
feet high must be erected along all property lines adjoining a residential
district. Such fence or wall shall, on a side property line, terminate
20 feet from the front property line.
(i)
Exterior lighting must not cause
glare hazardous to passing motorists and annoying to adjacent properties.
(j)
Wrecked, junked or stripped vehicles
in an inoperative condition are prohibited on the premises.
(k)
All waste petroleum products must
be stored in underground tanks.
(l)
Parking of utility trailers and/or
small trucks for rent must be a minimum distance of 25 feet from any
roadway.
(12)
Flower shops and greenhouses incidental
thereto.
(13)
Frozen-food lockers for individual
or family use.
(14)
Hospitals or clinics for small animals,
dogs, cats, birds and the like, provided that such hospital or clinic
and treatment rooms, cages, pens or kennels are maintained within
a completely enclosed soundproof building and that such hospital or
clinic is operated in such a way as to produce no objectionable noise
or odors outside its walls.
(15)
Laundromats or self-service dry-cleaning
establishments.
(16)
Use of a manufactured-home-type structure for any business, commercial or industrial use that is administratively approved by the Director or his or her designee, and subject to the requirements set forth in Article IV, § 115-20A(16).
[Added 10-22-2019 by Ord. No. 2684[2]]
[2]
Editor's Note: This ordinance also renumbered
former Subsection A(16) through (27) as Subsection A(17) through (28),
respectively.
(17)
Offices, general business or professional.
(18)
Private clubs, lodges or meeting
halls.
(19)
Radio and television broadcasting
stations or studios.
(20)
Restaurants, drive-in or otherwise.
(21)
Shoe-repairing shops.
(22)
Shops for the sale, service or repair
of home appliances, office machines, electrical and television and
radio equipment.
(23)
Stores and 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.
(24)
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.
(25)
Temporary removable vendor stands,
including but not limited to food trucks and similar vehicles or trailers,
located on the premises between March 15 and November 15 for the sale
of food, agricultural products or other food-related goods. Such temporary
removable vendor stands must comply with all of the following requirements:
[Added 5-19-2015 by Ord. No. 2397[3]]
(a)
No temporary removable vendor stand
shall be permanently affixed to the premises. All temporary removable
vendor stands shall be fully transportable and moveable within 24
hours.
(b)
There shall be no more than one temporary
removable vendor stand on a parcel at any one time.
(c)
No temporary removable vendor stand
shall be wider than eight feet six inches nor longer than 45 feet.
(d)
No temporary removable vendor stand
shall be permanently connected to any utilities, including water,
sewer, electric or gas.
(e)
No temporary removable vendor stand
shall interfere with vehicular or pedestrian movement on a parcel
or adjacent rights-of-way.
(f)
The owner of a proposed temporary
removable stand shall present the Director of Planning and Zoning
with written approval of the existence and location of the stand by
the property owner and a drawing showing the location of the stand
upon the property. Upon presentation of this information, the Director
may preliminarily approve the stand or require the owner to apply
for a special use exception from the Board of Adjustment if there
are concerns about the location, the size of the property, the effect(s)
upon on-site parking, neighboring properties or roadways, or other
good cause.
(g)
If preliminarily approved, the owner
of a proposed temporary removable stand shall present the Director
of Planning and Zoning with evidence of a current State of Delaware
business license.
(h)
Upon approval by the Director, a
Sussex County Vendor Stand sticker shall be issued in a form established
by the Director. This sticker shall be visible on the stand at all
times.
(i)
The approval of the temporary removable
vendor stand shall be valid for one year.
(j)
The application for a temporary removable
vendor stand shall be in a form established by the Director. The fee
for filing the application shall be $100.
(26)
Undertaking businesses or establishments
or funeral homes.
(27)
Studios for artists, photographers,
teachers, sculptors and musicians.
(28)
Special events.
[Added 9-18-2018 by Ord. No. 2599]
(a)
Special events held outdoors or within
a temporary structure for a purpose different from the permitted use
and usual occupancy of a premises or site that are administratively
approved by the Director or his or her designee, when the event: will
not impair the purpose and intent of the Zoning Ordinance; is not
so recurring in nature as to constitute a permanent use not otherwise
permitted in the district; and will not significantly affect the surrounding
properties. Events that are consistent with the permitted use and
usual occupancy of a site or that occur on land owned by the United
States of America, the State of Delaware, Sussex County, municipalities
and educational institutions are permitted. "Special events" include
circuses, carnivals, midways, promotional and tent sales events, fairs,
festivals, concerts, rodeos, shows, races/walks or any other event
or mass gathering.
(b)
No more than three special events
shall be approved for the same property or premises during a calendar
year. Each special event shall be counted as one calendar day, not
including reasonable set up and removal time when the event is not
otherwise underway.
(c)
In determining whether to administratively
approve a special event, the Director or his or her designee shall
consider the following:
[1]
The estimated number of attendees;
[2]
The size of the parcel where the
special event is to be located;
[3]
The parking requirements of the special
event;
[4]
Roads and traffic patterns providing
access to the special event;
[5]
Prior events conducted by the applicant;
[6]
Noise, light, odor, and dust generated
by the special event;
[7]
Proposed hours of operation and number
of consecutive days; and
[8]
Such other considerations that may
be applicable to the requested event.
(d)
The Director or his or her designee
may impose conditions upon an administrative approval.
(e)
All special events, regardless of
size, location, use or duration, shall be subject to the requirements
of the Sussex County Special Event and Public Safety Services Policies
and Procedures. Failure to abide by the Sussex County Special Event
and Public Safety Services Policies and Procedures may result in the
termination of the special event's administrative approval.
(f)
Special events that do not meet these
requirements or which are not administratively approved shall require
a conditional use.
B.
The total gross floor area of any building
or group of buildings shall be less than 75,000 square feet.
[Added 7-20-1999 by Ord. No. 1328]
Permitted accessory uses are as follows:
A.
Storage of office supplies or merchandise
normally carried in stock in connection with a permitted office or
business use, subject to applicable district regulations.
C.
Temporary buildings, including manufactured
home type structures, the use of which is incidental to construction
operations or sale of lots during development being conducted on the
same or adjoining tract or subdivision and which shall be removed
upon completion or abandonment of such construction or upon expiration
of a period of two years of the time of erection of the temporary
building, whichever is sooner. If construction operations or the initial
sale of lots remain actively underway, the Director may grant extensions
to this time period.
[Added 10-8-2019 by Ord. No. 2683]
The following uses may be permitted as conditional uses when approved in accordance with the provisions of Article XXIV of this chapter:
|
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. Mobile or fixed-type cranes
or lifting devices, not designed, not approved for, not manufactured
for or not intended to carry, transport or in any fashion move individual(s)
or person(s), shall be prohibited and shall not be used for amusement
purposes.
[Added 8-11-1992 by Ord. No. 849; amended 3-30-1993 by Ord. No.
887] |
|
Aquariums, commercial
|
|
Beaches, commercial
|
|
Bus terminals
|
|
Cemeteries, including a crematorium
if located at least 200 feet from the boundaries of the cemetery
|
|
Exposition centers or fairgrounds
|
|
Heliports or helistops
|
|
Hospitals and sanitariums
|
|
Institutions, educational or philanthropic,
including museums, art galleries and libraries
|
|
Marinas or yacht clubs
|
|
Nursing and similar care facilities
[Added 4-16-2019 by Ord. No. 2645] |
|
Public or governmental buildings
and uses, including schools, parks, parkways, playgrounds and public
boat landings
|
|
Public utilities or public service
uses, buildings, generating or treatment plants, pumping or regulator
stations, substations and transmission lines utilizing multilegged
structures
|
|
Recreation facilities, privately
or commercially operated, such as a fishing or boating lake, picnic
grounds or dude ranch, and accessory facilities, including sale of
food, beverages, bait, incidentals, supplies and equipment
|
|
Residential, business, commercial
or industrial uses when the purposes of this chapter are more fully
met by issuing a conditional use permit
|
|
Special events such as circuses or carnival grounds, amusement parks or midways, festivals, concerts, race/walks or any other special event or gathering being held outdoors or within a temporary structure or at a site and for a purpose different from the designated use and usual occupancy of the premises and located on unincorporated lands within Sussex County, permanently or for a temporary time period exceeding three days. Special events not approved by the Director as a permitted use under § 115-69 shall require a conditional use permit. All special events, regardless of duration, shall be subject to the requirements of the Sussex County Special Event Policy.
[Amended 5-1-1990 by Ord. No. 680; 11-10-1992 by Ord. No.
863; 8-20-2013 by Ord. No. 2316; 9-18-2018 by Ord. No. 2599] |
|
Sports arenas or stadiums, commercial
athletic fields or baseball parks
|
|
Swimming or tennis clubs, private,
nonprofit or commercially operated
|
Special use exceptions may be permitted by the Board of Adjustment and 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]
|
Archery ranges
|
|
Asphalt batching plants or concrete
batching plants
|
|
Commercial dog kennels
|
|
Driving ranges
|
|
Outdoor display or promotional activities
at shopping centers or elsewhere
|
|
Pony rings
|
|
Raising for sale of birds, bees,
rabbits and other small animals, fish and other creatures
|
|
Riding academies, public stables
or private stables
|
|
Temporary buildings for use as a
sales or rental office for an approved real estate development or
subdivision
|
|
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.
|
|
Use of a manufactured home as a single-family
dwelling in any district to meet an emergency or hardship situation,
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.
|
|
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
|
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 by 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:
|
Alteration, extension or replacement
of a nonconforming manufactured home subject to the provisions of § 159-196
[Amended 10-12-2010 by Ord. No. 2152] | |
|
Cemeteries for pets
| |
|
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[1]
| |
|
Day nurseries or child-care centers
| |
|
Public telephone booths in residential
areas
| |
|
Tourist homes (also referred to as
"bed-and-breakfast inns")[2]
[Added 5-16-1989 by Ord. No. 585] | |
|
Any temporary removable vendor stand for the sale of food, agricultural products or other food-related goods that is not a permitted use under the provisions of § 115-69; provided, however, that the use shall not operate until the owner presents the Director of Planning and Zoning with evidence of a current State of Delaware business license. Upon approval and submission of the business license, the Director shall issue a Sussex County Vendor Stand sticker in a form established by the Director. This sticker shall be visible on the stand at all times.
[Added 5-19-2015 by Ord. No. 2397] |
[1]
Editor’s Note: The entry for “convalescent
homes, nursing homes or homes for the aged," which immediately followed,
was repealed 4-16-2019 by Ord. No. 2645.
[2]
Editor's Note: The former entry for windmills
and wind-powered generators, which immediately followed this entry,
was repealed 9-13-2011 by Ord. No. 2213.
[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:
|
Use
|
Area**
(square feet)
|
Width*
(feet)
|
Depth
(feet)
|
|---|---|---|---|
|
Single-family dwelling
|
10,000
|
75
|
100
|
|
Other
|
10,000
|
75
|
100
|
|
*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 150 feet.
[Added 11-7-1989 by Ord. No. 632] |
|
**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, except that, in addition, the requirements relating to minimum buffers and setbacks contained in § 115-194.1E of this Code shall apply to all uses other than single-family dwellings and multifamily structures:
[Amended 7-20-1999 by Ord. No. 1328]
|
Use
|
Depth of Front Yard
(feet)
|
Width of Side Yard
(feet)
|
Depth of Rear Yard
(feet)
|
|---|---|---|---|
|
Single-family dwelling
|
40 (30)*
|
10
|
10
|
|
Other
|
60**
|
5*
|
5*
|
|
Multifamily-type structure
|
(See Table II, included at the end
of this chapter.)
| ||
|
*NOTE: See also the Table of District
Regulations at the end of this chapter.
|
|
**NOTE: See also § 115-194.1.
|
C.
Maximum height requirement. Maximum height
requirements shall be as follows:
[Amended 10-31-1995 by Ord. No. 1062]
|
Use
|
Feet
|
|---|---|
|
Single-family dwelling
|
42
|
|
Other
|
42
|
[Amended 2-27-2018 by Ord. No. 2550]
A.
The regulations contained in this article
are supplemented or modified by regulations contained in other articles
of this chapter, especially the following:
B.
Closed district. As of July 1, 2018, the
B-1 Neighborhood Business District shall be considered a closed district
and shall not be applied to any additional lands in Sussex County.
The district and its various provisions and regulations shall continue
to exist as they apply to a B-1 District established under the procedures
of this chapter.
