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*NOTE: (Where the lot width of any lot now existing
or hereafter created exceeds the standard lot width as stated hereafter
as to each location, the stated side yard setbacks shall be increased
by that percentage that the lot width exceeds the stated standard
lot width provided that one side setback may be as small as the original
required setback. (By way of illustration, where the standard lot
width was stated as 50 feet and the total side yard setbacks were
set at 16 feet, an existing or newly created lot having a lot width
of 75 feet would be required to have total side yard setbacks of 24
feet, i.e., 75/50 = 150%; 150% x 16 feet = 24 feet).
[Added 2-13-2004 by Ord. No. 121-03] |
[Amended 4-17-1998 by Ord. No. 74-98; 2-8-2002 by Ord. No.
106-01; 2-13-2004 by Ord. No. 121-03]
A.
Lots east of Ocean Drive (standard lot width: 50 feet).
[Amended 12-10-2010 by Ord. No. 155-10]
(2)
Dwellings in the R-1 District on lots east of Ocean
Drive may include, for the purpose of primary access only, steps,
ramp or platform in the front setback area, provided that:
[Amended 4-17-1998 by Ord. No. 74-98; 12-10-2010 by Ord. No.
155-10; 3-14-2014 by Ord. No. 171-13]
(a)
No step, ramp or platform shall be wider than
four feet nor longer than five feet extending toward the west property
line;
(b)
The top of the step, ramp or platform shall
be no higher than the elevation of the first livable floor of the
dwelling;
(c)
Such structures must otherwise be in compliance
with the International Codes, IBC/IRC, as specified by the Sussex
County Building Department and Coastal Floodplain Regulations, as
amended; and
B.
Lots west of Ocean Drive (standard lot width: 70 feet).
(2)
Corner lots adjacent to Route No. 1.
(a)
Front yards shall be measured from the Town
street running east and west, thus providing front yards which face
either north or south.
(b)
Rear yards shall be that part of the lot adjacent
to and bordering another lot and face either north or south.
(c)
Side yards shall be measured from the east and
west boundary lines; the western side yard shall be 20 feet from the
Route No. 1 right-of-way, and the eastern side yard shall be 10 feet
from the adjacent property line.
(3)
Corner lots adjacent to Ocean Drive.
(a)
Front yards shall be measured from the Town
street running east and west, thus providing front yards which face
either north or south.
(b)
Rear yards shall be that part of the lot adjacent
to and bordering another lot and face either north or south.
(c)
Side yards shall be measured from the east and
west boundary lines; the eastern side yard shall be 20 feet from Ocean
Drive, and the western side yard shall be 10 feet from the adjacent
property line.
F.
Existing
dwellings raised to meet BFE or to provide freeboard in the R-1 District
on lots west of Ocean Drive and east of Delaware Route No. 1, or abutting
Sea Side Drive may include steps, a ramp, or platform in the setback
area, provided that each of the following are satisfied:
[Added 5-13-2016 by Ord.
No. 180-16[1]]
(1)
No
other reasonable alternative is possible, such as, but not limited
to, changing the direction of the steps, a ramp, or platform;
(2)
No
step, ramp or platform shall be wider than four feet or longer than
five feet extending toward the property line;
(3)
The
top of the step, ramp, or platform shall be no higher than the elevation
of the first livable floor of the dwelling;
(4)
Such
structures must otherwise be in compliance with the International
Codes, IBC/IRC, as specified by the Sussex County Building Department
and Coastal Floodplain Regulations, as amended; and
[1]
Editor’s Note: This ordinance also redesignated former
Subsection F as Subsection G.
A.
Residential lots abutting Petherton, Brandywine, Henlopen,
New Castle, Layton and Bayshore Drives; Godwin, Kent and Sussex Places;
Cleveland Avenue; Peterson, Canal and Anchorage Drives; Evergreen
and Russell (east of Canal Drive) Roads; West 1st to West 11th Streets;
South Anchorage Avenue; Mays Way, Elizabeth Way and Elizabeth Court
(standard lot width: 50 feet).
[Amended 2-8-2002 by Ord. No. 106-01; 2-13-2004 by Ord. No.
121-03; 5-13-2016 by Ord. No. 180-16]
C.
Boone Road (standard lot width: 70 feet).
[Amended 2-13-2004 by Ord. No. 121-03]
D.
Residential lots west of York Canal and south of Bayshore
Canal (contiguous to York Drive, Rebecca Road, Kimberly Road, Tern
Drive, Victoria Road, Bristol Road and Plymouth Road) (standard lot
width: 70 feet).
[Amended 2-13-2004 by Ord. No. 121-03]
E.
Residential lots west of and abutting on Canal Drive
and abutting Cattail Road, Black Gum Drive, Kent Avenue (County Road
No. 361), Periwinkle Road, Russell Road (west of Canal Drive), Tamarack
Court and Tamarack Drive (standard lot width: 70 feet).
[Amended 2-8-2002 by Ord. No. 106-01; 2-13-2004 by Ord. No.
121-03]
(1)
Front setbacks shall be staggered so as to prevent
construction of dwellings in a straight line, with a minimum of three
feet difference. Front or rear setbacks of dwellings on lots on a
street of this subsection shall be determined by the first permit
issued on that street.
(2)
Building height:
[Amended 8-8-2014 by Ord. No. 172-14; 10-14-2016 by Ord. No. 184-16]
(a)
Principal building is 33 feet, to be figured from the mean level
of the lot with six sightings. These six sightings shall be taken
as follows: one at each of two rear corners of such lot; one at each
of two front corners of such lot; and one each at the midpoint between
the two side property lines of such lot, such that no point is in
a ditch but is as close as practical to the intended point. Minimum
roof pitch: 4/12.
(b)
Notwithstanding anything herein to the contrary, where the house has a freeboard equal to or greater than two feet above the base flood elevation (BFE), the house elevation may be 38 feet based on NAVD 88 or may be 35 feet above the mean level of the lot as calculated in Subsection E(2)(a) above. Minimum roof pitch: 4/12.
(c)
In the AE Zone, 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.
(d)
Minimum ground floor elevation: The elevation of any ground floor
structure shall be equal to or greater than the center line of the
street.
(3)
Maximum footprint: 1,700 square feet, including steps,
decks more than six inches above ground level, and porches. However,
for every full 100 square feet in lot size over 5,000 square feet,
the maximum footprint shall be increased by 20 square feet.
F.
Existing dwellings raised to meet BFE or to provide
freeboard in the R-1 District on lots west of Delaware Route No. 1
may include steps, a ramp, or platform in the setback area, provided
that each of the following are satisfied:
[Added 5-13-2016 by Ord.
No. 180-16[1]]
(1)
No other reasonable alternative is possible, such
as, but not limited to, changing the direction of the steps, a ramp,
or platform;
(2)
No step, ramp or platform shall be wider than four
feet or longer than five feet extending toward the property line;
(3)
The top of the step, ramp or platform shall be no
higher than the elevation of the first livable floor of the dwelling;
(4)
Such structures must otherwise be in compliance with
the International Codes, IBC/IRC, as specified by the Sussex County
Building Department and Coastal Floodplain Regulations, as amended;
G.
Davits are curved metal uprights projecting over waterways used for the purpose of lowering and raising small boats. They shall not be considered structures under the setback provisions of this article. The frame of davit lifts, including support pilings, shall not protrude into the canal more than 20% of the canal width, not to exceed 13 feet for canals wider than 60 feet. (See § 50-8.1.) When davit arms are not in use, they shall be retracted to a line at least four feet parallel to the bulkhead. The installation of such shall require a building permit.
[Amended 7-9-2010 by Ord. No. 154-10]
H.
Boat lifts are mechanical devices used to raise and lower boats into the waterways. They shall not be considered structures under the setback provisions of this article. The outside frame of boat lifts, including support pilings, shall not protrude into the canal more than 20% of the canal width, not to exceed 13 feet for canals wider than 60 feet (§ 50-8.1), and the perimeters of submerged boat lifts shall be clearly identified by reflectors so as not to be a hazard to boat traffic. The boat lift shall also be securely anchored, and the installation of such shall require a building permit.
[Amended 7-9-2010 by Ord. No. 154-10]
I.
Structures such as birdhouses, flagpoles, and clotheslines, provided that they do not exceed 30 feet in height, and trash and recycle container bins (See § 114-7), mailboxes, fences, and dish antennas no larger than 36 inches in diameter, shall not be considered structures under the setback provisions of this article, provided they are maintained in good repair.
[Amended 7-9-2010 by Ord. No. 154-10; 3-14-2014 by Ord. No.
171-13]
J.
All front and rear measurements are taken from the
front property line.
K.
Ground-level decks and boardwalks not higher than six inches (See § 145-3 for definition, and § 145-14.3G for additional limitations.) shall not be considered structures under the setback provisions of this article. If the ground on which the deck or boardwalk is constructed is sloped or not level, the deck or boardwalk shall be "stepped" so as to not allow its height to exceed six inches above the ground immediately below or adjacent to it.
[Added 2-8-2002 by Ord. No. 106-01;
amended 7-9-2010 by Ord. No. 154-10]
L.
Notwithstanding
any other provisions of this article, swing sets are allowed in the
rear setback no closer than five feet to the property boundary lines.
[Added 7-9-2010 by Ord. No. 154-10]
M.
Heat pumps, air-conditioning units, and propane or heating oil tanks
are allowed in the setback area, provided such equipment shall be
adjacent to the principal building and shall not extend more than
five feet into the setback area.
[Added 3-14-2014 by Ord. No. 171-13]
