"Conditional uses" are uses that are generally desirable for
the general convenience and welfare but, because of their nature,
require additional review to assess their impact on neighboring properties
and the entire City.
The Mayor and City Council shall determine whether each conditional
use application:
A. Is in harmony with the purposes and intent of the Comprehensive Plan.
B. Will be in harmony with the general character of its neighborhood
considering density, design, bulk, and scale of proposed new structures.
C. Will not be detrimental to the use, peaceful enjoyment, economic
value, or development of surrounding properties.
D. Will not cause objectionable noise, vibrations, fumes, odors, dust,
glare, or physical activity.
E. Will have no detrimental effect on vehicular or pedestrian traffic.
F. Will not adversely affect the health, safety, security, or general
welfare of residents, visitors, or workers in the area.
G. Will not unduly affect designated scenic byways.
H. Complies with all other applicable standards, laws, and regulations
in addition to the provisions of this chapter.
I. May require additional off-street parking (based on the conditional
use in question).
J. Additional requirements for certain conditional uses. The following
requirements are in addition to the required findings in this article
for the conditional uses listed below:
[Amended 9-11-2017]
(1) Restaurant,
above street level:
(a) Minimum tract size shall be 20,000 square feet.
(b) The front yard setback shall be 25 feet or the established building
line.
(c) At the time of application, a site plan shall be submitted, drawn
to scale by a Delaware certified surveyor or professional engineer
showing:
[1] The location of all structures (existing and proposed) located on
the premises;
[2] The design, dimension and location of any proposed sign;
[3] The location of all vehicular entrances and exits to the proposed
property;
[4] The location of all off-street parking spaces and loading areas;
[5] The location of all lot lines and the names of adjoining property
owners;
[6] The location and type of any proposed fencing, screening or planting
areas;
[7] The location of all proposed outdoor lighting; and
[8] Federal Emergency Management Agency floodplain delineations.
(d) If the structure contains a "basement" defined as a story, or the
floor of the first story is elevated five feet above the level from
which the height of the building is measured and the area beneath
the first floor is used for business purposes or parking, then the
restaurant use shall be confined to the first story of the structure.
(2) Manufactured home parks.
[Added 8-13-2018]
(a)
Permitted only when existing prior to annexation into the City
of Lewes.
(b)
The minimum area for a manufactured home site for placing one
manufactured home shall be 5,000 square feet, with a width of not
less than 50 feet and with corners of each site visibly marked and
numbered by a permanent marker. Any manufactured home with its accessory
buildings shall not occupy in the aggregate more than 40% of the gross
area of the manufactured home site. No manufactured home site shall
be offered for sale or sold.
(c)
The park shall include open space accessible to all manufactured
home occupants and suitable for recreation at a ratio of 300 square
feet minimum of recreational area per manufactured home site.
(d)
The manufactured home park shall be surrounded by a landscaped
buffer strip of open space 50 feet wide along all boundary lines.
The buffer strip shall remain free of any buildings or streets.
(e)
No main residential structure or any addition thereto shall
be placed closer than 16 feet to any other main residential structure,
and no part of any authorized residential structure or addition thereto
shall be extended closer than eight feet to the boundaries of the
individual manufactured home site.
(f)
No main residential structure or accessory structure shall exceed
an overall height of 15 feet. Steps with related landing may project
four feet into the required setback.
(g)
Two off-street parking spaces shall be provided on each manufactured
home site.
(h)
Support operations intended primarily for occupants of the park,
such as a management office and laundry facilities, shall be permitted
within the park area.
(i)
Proper provision shall be made for public water supply, sanitary
sewers, electric connections, fire protection, laundry, toilet and
bathing facilities. Open unenclosed landings and steps required to
provide access into the main residential structure shall not be calculated
as part of the lot coverage requirement of 40%.
(j)
All manufactured homes must meet the Manufactured Home Construction
and Safety Standards of the United States Department of Housing and
Urban Development (HUD) Code as approved June 15, 1976.
(k)
No part of any accessory building shall extend closer than five
feet to the boundaries of another manufactured home site, or within
10 feet of a main residential structure on another manufactured home
site, or within eight feet of an accessory building on another manufactured
home site, or exceed an overall height of 15 feet.
(l)
All placement of new manufactured homes must be located outside
of the flood hazard area.
(m)
Any manufactured home may be replaced with another manufactured
home as long as the above conditions are satisfied.
(3) Residential planned community (RPC).
[Added 8-13-2018]
(a)
Permitted only in the Annexation Mix Zone (AX-MIX).
(b)
The minimum tract area shall be 20 acres or greater.
(c)
The minimum required open space shall be 20% of the tract area.
(d)
The RPC must be developed so that total overall land area meets
the following criteria:
[1]
Townhouse residential shall not be greater than 50% of the total
family units in the development.
[2]
Area dedicated to commercial space shall be limited to 6% and
office space shall be limited to 10%, or a combination of commercial
and office space not to exceed 16% both including any accessory uses,
of the overall land area including any common parking or utility areas
that are required in connection with the uses.
(e)
The base permitted residential units for an RPC shall be determined
based on the following formula (Note: Convert all values into square
feet):
[Gross Area - Commercial Area - Office Area - Open
Space Area] = Base Permitted Residential Units
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10890
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(f)
All lots shall be configured to be contained completely outside
of all wetlands as defined by this chapter.
(g)
A minimum of 25 feet of permanent setback buffer must be maintained
around the outer boundaries of all wetlands, except for tidal waters,
tidal tributary streams and tidal wetlands and from the ordinary high-water
line of perennial nontidal rivers and nontidal streams where a fifty-foot
permanent buffer is required. No building or paving shall be placed
within these buffers. The "buffer zone" shall be maintained in natural
vegetation but may include planted vegetation where necessary to protect,
stabilize or enhance the area.
(h)
Buildings or structures located within 50 feet of an existing
residential development shall provide adequate transition in density
or shall provide a thirty-foot buffer meeting the standards below
and maintained by a designated entity.
[1]
A planting strip at least 30 feet wide near the property line
which shall include two canopy trees, four understory trees and 10
shrubs per 100 linear feet of buffer; or
[2]
A landscaped rolling berm at least four feet in height; or
[3]
A solid fence or wall a minimum of six feet in height designed
with durable materials, texture and colors compatible with adjacent
residential development.
(i)
Open space for any RPC shall comply with open space criteria for cluster developments as defined in §
197-50C.
(4) Two-family
dwelling in R-4 and R-4(H) Zones.
[Added 9-14-2020]
(a) The exterior of the building shall be designed and constructed to
look as one building.
(b) There should be a separation distance of 600 feet between two-family
dwellings along the same side of the street.
(c) The two-family dwellings should be in keeping with the proportion,
rhythm, balance and scale of the houses within a 600-foot radius.
(d) Two-family dwellings are limited to one attached garage per unit.