[Amended 8-7-2006 by Ord. No. 0806-1]
A.
Except as specified in the following subsections of
this section, the height of a building or structure hereafter erected
or altered in respect to height shall not exceed that given in the
following table:
[Amended 7-16-2010 by Ord. No. 0710-02]
|
District
|
Height
(feet)
| ||
|---|---|---|---|
|
All residential districts and ER District
|
35,1,3 but not to
exceed 2 1/2 floors or stories above grade
| ||
|
Commercial districts
| |||
|
Tier 1 uses
|
35,1,3 but not to
exceed 2 1/2 floors or stories above grade
| ||
|
Tier 2 uses
|
42,2,4 but not to
exceed 4 floors or stories above grade
| ||
|
Tier 3 uses
|
42,2,4 but not to
exceed 4 floors or stories above grade
| ||
|
Notes:
| |
|
1Functional chimneys
may exceed the height limit if required by the building code, but
only to the extent required by the building code.
| |
|
2Heating, ventilation
and cooling devices, which are to be enclosed so as to be obscured
from view, elevator shafts, one stairway entry for maintenance access
to the roof, chimneys and antennas shall not be included in calculating
height.
| |
|
3No roofs of less
than 5/12 pitch shall be permitted above a height of 14 feet, including
the roofs on dormers. Roof pitch shall start at a wall plate height
of not more than 24 feet. No railings or roof decks shall be permitted
where any part of the surface is above a height of 14 feet. All heights
in this section shall be measured from a point where the center line
of the building to be erected intersects with the center line of the
street on which the building will front.
| |
|
4A dome, spire, cupola,
belfry, chimney or pinnacle serving as an architectural embellishment
and not for occupancy or storage may be erected to a height in excess
of that authorized in this subsection for the district in which the
building concerned is located, provided that the aggregate of the
bases of all such structures does not exceed 10% of the building's
ground floor area. The total height of a building with such embellishments
shall not exceed 50 feet.
|
B.
In all commercial districts, for any building or structure
not required to have a setback of at least 10 feet, all portions or
floors thereof which face any street or the Boardwalk, except Rehoboth
Avenue, shall, beginning not higher than 14 feet vertically above
the setback line or lines for the lot or lots involved, be constructed
or placed to the rear of an angled stepback line which slants away
from the street, streets or boardwalk at an angle of not less than
30° in magnitude from a vertical line above the setback line or
lines, with the vertex of such angle fixed at a point not higher than
14 feet above the setback line or lines. The stepback line of buildings
or structures facing Rehoboth Avenue shall begin at 24 feet.
[Amended 11-20-2009 by Ord. No. 1109-01]
[Amended 1-10-1997 by Ord. No. 197-2; 5-16-2005 by Ord. No.
0505-01; 8-7-2006 by Ord. No. 0806-01; 7-17-2015 by Ord. No. 0715-01]
B.
Floor area ratio.
(1)
In the R-1(S) District, the floor area ratio (FAR) for the residence
structure combined with the accessory structures, if any, shall not
exceed 0.50. In R-1 and R-2 Districts, the FAR for the residence structure
combined with the accessory structures, if any, shall not exceed 0.60
for the first 5,000 square feet of gross lot area, and 0.30 for any
additional gross lot area, or for properties incorporating an accessory
swimming pool 0.50 for the first 5,000 square feet of gross lot area
and 0.25 for any additional gross lot area.
(a)
The first 250 square feet of an open front porch shall be excluded from the gross floor area, provided that such porch is on the street side of the building, at the first-floor level, roofed, one floor with no living space or deck above the porch, meets the definition of open porch in § 270-4, and is not heated or air-conditioned. Any square footage in excess of 250 square feet shall be included in the gross floor area.
(b)
A maximum of 1,000 square feet of a basement may be excluded
from the gross floor area of a residence structure subject to the
following conditions:
[1]
The vertical measurement from the basement floor to the bottom
of the first-floor floor joists must not exceed eight feet.
[2]
The bottom of the first-floor floor joists must not be at a
height of more than three feet. The measurement should be taken from
a point where the center line of the building to be erected intersects
with the center line of the street on which the building will front.
[3]
FAR for the remainder of the residence structure combined with
the accessory structures, if any, does not exceed 0.50 for the first
5,000 square feet of gross lot area and 0.30 for any additional gross
lot area, or for properties incorporating an accessory swimming pool
0.40 for the first 5,000 square feet of gross lot area and 0.25 for
any additional gross lot area.
(c)
A basement, where the vertical measurement from the basement
floor to the bottom of the first-floor floor joists does not exceed
6 1/2 feet and the bottom of the first-floor floor joists are
not at a height of more than three feet as measured from a point where
the center line of the building to be erected intersects with the
center line of the street on which the building will front, shall
not be included in gross floor area.
(d)
The area of any attic shall not be included in the gross floor
area if access is limited to fold-away stairs or other nonpermanent
means of access.
(e)
Any basement existing on August 7, 2006, regardless of ceiling
height, shall not be included in gross floor area to the extent it
remains an unfinished area used only for mechanical, plumbing and
electrical equipment, laundry machines, storage and the like; and
provided further that the bottom of the first-floor floor joists shall
not be at a height of more than four feet as measured from a point
where the center line of the building intersects with the center line
of the street on which the building fronts.
(2)
In no case shall the gross floor area of a dwelling in the R-1(S)
District exceed 6,000 square feet.
(3)
In no case shall the gross floor area of a dwelling in the R-1 District
exceed 4,500 square feet.
(4)
In no case shall the gross floor area of a dwelling unit in the R-2
District exceed 4,500 square feet.
(5)
In all commercial districts, the floor area ratio (FAR) for all buildings
or structures shall not exceed 2.0; however, total floor area ratio
(FAR) devoted to Tier 1 uses shall not exceed 0.60. For all mixed-use
buildings (i.e., residential uses and commercial uses), the average
of the gross floor area of all residential floors shall not exceed
50% of the gross lot area and the gross floor area of any one residential
floor shall not exceed 75% of the gross lot area.
(a)
Any one commercial floor in a mixed-use building in a commercial
district may include one residential unit, used in conjunction with
a hotel, motel or inn. Such unit shall not exceed 10% of the gross
floor area of said floor with the maximum of 1,000 square feet.
(b)
Any one residential floor in a building in a commercial district used, in whole or in part, as a hotel, motel or inn may include meeting rooms for use as convention facilities. To the extent that the aggregate gross floor area of these meeting rooms does not exceed 25% of the gross lot area or 5,000 square feet, whichever is less, such area exclusively devoted to meeting rooms and no other purpose will not be counted in calculating the fifty-percent maximum lot coverage in Subsections C(2) and B(5). In no case shall the floor area ratio (FAR) of 2.0 be exceeded. The meeting rooms as permitted in this section shall contain no food preparation areas or areas devoted to the dispensing of alcoholic beverages.
(c)
In all commercial districts, underground parking areas shall
be excluded from the gross floor area.
[Added 3-19-2021 by Ord. No. 0321-02]
C.
Lot coverage.
(1)
In all residential districts, the maximum lot coverage shall not
exceed that given in the following table:
|
District
|
Maximum Lot Coverage
(percent)
|
Maximum Area of Accessory Structures (if any)
(percent)
| |
|---|---|---|---|
|
R-1(S)
|
35%
|
10%
| |
|
R-1 and R-2
|
40%
|
10%
|
(2)
In all commercial districts, the maximum lot coverage shall not exceed
that given in the following table:
|
Use
|
Maximum Lot Coverage
(percent)
| |
|---|---|---|
|
Permitted residential uses
|
50%
| |
|
Mid-rise apartment and garden apartment
|
50%
| |
|
Hotel, motel, inn
|
50%
| |
|
All other commercial uses
|
100% of net lot area
| |
|
Underground parking
|
100% of gross area, provided that no parts of the parking structure,
except accessways, are above sidewalk level or above the undisturbed
ground level of adjacent properties
|
D.
In the ER District, the maximum lot coverage, the maximum floor area
ratio (FAR) and minimum natural area shall be as given in the following
table where the gross lot area for educational facilities and permitted
conditional uses shall be the area of the entire parcel of land, and
the gross lot area for residential uses shall be the area of the residential
parcel only.
|
Use
|
Maximum Lot Coverage
(percent)
|
Maximum Floor Area Ratio
|
Minimum Natural Area
(percent)
| |
|---|---|---|---|---|
|
Education facilities and conditional uses
|
5%
|
0.10
|
70%
| |
|
Residential uses
|
50%
|
0.60
|
40%
|
A.
No new lot shall be created nor shall any existing
lot be changed in size or shape unless each new or changed lot:
[Amended 5-15-2006 by Ord. No. 0506-01; 2-20-2007 by Ord. No. 0207-01]
(1)
Has at least 50 feet of frontage on a street; except
between Hickman Street and the southern boundary of the City, a residentially
zoned lot which is the easternmost lot and has its easternmost lot
line parallel with the Atlantic Ocean is not required to have such
street frontage, provided that:
(a)
The lot line parallel to the ocean shall be
at least 50 feet.
(b)
There shall be a recorded easement, a minimum
of 12 feet in width and no more than 50 feet in length, on and over
the adjacent residential lot(s), that connects the lot to a public
street. This easement shall provide vehicular and utility access to
the lot and shall be kept free of obstructions of any nature at all
times to provide access for emergency vehicles and personnel.
(c)
The required easement shall, at the time a structure
is built on the lot, be paved with a hard surface at least eight feet
in width.
(d)
For the purpose of complying with § 270-21A(1), the paved area of any easement required by this section, but not less than an area eight feet by the length of the easement, shall be excluded from the available natural area on any lot on and over which such easement exists.
(e)
Any residentially zoned lot between Hickman
Street and the southern boundary of the City, which is the easternmost
lot and has its easternmost lot line parallel with the Atlantic Ocean,
for the purposes of compliance with the dimensional requirements of
this chapter, shall be considered to front to the east and height
shall be measured from the closest point on the boardwalk. Any such
lot that also abuts a street shall be treated as a corner lot.
(2)
Has a minimum area of 5,000 square feet.
(3)
Can fully contain within it a rectangle of at least
4,000 square feet in area and with its shortest side measuring at
least 48 feet.
B.
Except as provided for in Subsection C of this section, and subject to the requirements of § 270-23 as to lot area per dwelling, the minimum dimensions of a lot shall be as given in the following table:
[Amended 7-16-2010 by Ord. No. 0710-02]
|
District and Use
|
Minimum Lot Area
|
Minimum Lot Width
(feet)
| |||
|---|---|---|---|---|---|
|
R-1(S)
|
34,500 sq. ft.
|
75
| |||
|
R-1 R-2
|
5,000 sq. ft.
|
50
| |||
|
Single-family detached and other uses permitted
in R-1
|
5,000 sq. ft.
|
50
| |||
|
Single-family semidetached
|
5,000 sq. ft.
|
50
| |||
|
Two-family dwelling
|
5,000 sq. ft.
|
50
| |||
|
Single-family attached
|
5,000 sq. ft.
|
50
| |||
|
Garage apartment
|
5,000 sq. ft.
|
50
| |||
|
Garden apartment
|
10,000 sq. ft.
|
100
| |||
|
Commercial Districts
| |||||
|
All uses permitted in Residential Districts
except:
| |||||
|
Garage apartments
|
5,000 sq. ft.
|
50
| |||
|
Garden apartments
|
10,000 sq. ft.
|
100
| |||
|
Mid-rise apartment
|
10,000 sq. ft.
|
100
| |||
|
Hotel, motel or inn
|
10,000 sq. ft.
|
100
| |||
|
All other commercial uses over 35 feet in height
|
5,000 sq. ft.
|
50
| |||
|
All other commercial uses
|
5,000 sq. ft.
|
50
| |||
|
ER (educational facilities)
|
24 acres
|
500
| |||
|
ER (residentail parcel)
| |||||
|
Single-family detached
|
5,000 sq. ft.
|
50
| |||
|
Two-family dwelling
|
5,000 sq. ft.
|
50
| |||
|
Single-family semidetached
|
5,000 sq. ft.
|
50
| |||
|
Garage apartment
|
5,000 sq. ft.
|
50
| |||
|
Apartment
|
5,000 sq. ft.
|
50
| |||
|
Garden apartment
|
10,000 sq. ft.
|
100
| |||
C.
In the case of a lot with a building on it at the date of adoption of this chapter but with an area or width of lot less than prescribed in Subsection A of this section for the district in which it is located, such building may be altered, provided that the same use is maintained, or a new building may be erected thereon, provided that it complies with all other provisions of this chapter.
D.
D. In all residential districts and the ER District,
no new lot shall be created nor shall any existing lot be changed
in size or shape unless every newly created or changed side lot line
of each new or changed lot which abuts the side of another lot shall
exactly coincide with the side lot line of the adjoining lot, such
that adjacent rear lot lines are continuous.
[Added 11-19-2007 by Ord. No. 1107-01; amended 7-16-2010 by Ord. No. 0710-02]
[Amended 4-23-2001 by Ord. No. 0401-2; 8-4-2003 by Ord. No.
0803-01; 5-16-2005 by Ord. No. 0505-01; 7-16-2010 by Ord. No.
0710-02]
The minimum number of square feet per dwelling
or dwelling unit shall be given in the following table:
|
District and Use
|
Minimum Lot Area Per Dwelling or Dwelling
Unit
(square feet)
| |
|---|---|---|
|
R-1(S), including accessory structures used
as dwellings or dwelling units
|
34,500
| |
|
R-1, including accessory structures used as
dwellings or dwelling units
|
5,000
| |
|
R-2 uses permitted in R-1, including accessory
structures used as dwellings or dwelling units
|
5,000
| |
|
Single-family semidetached
|
5,000
| |
|
Two-family dwelling
|
5,000
| |
|
Single-family attached
|
5,000
| |
|
Apartment
|
5,000
| |
|
Garden apartment
|
5,000
| |
|
Garage apartment
|
5,000
| |
|
Commercial Districts
| ||
|
Single-family detached
|
5,000
| |
|
Single-family semidetached
|
5,000
| |
|
Two-family dwelling
|
5,000
| |
|
Single-family attached
|
5,000
| |
|
Apartment
|
5,000
| |
|
Garden apartment
|
5,000
| |
|
Garage apartment
|
5,000
| |
|
Mid-rise apartment
|
5,000
| |
|
Tourist, rooming house or boardinghouse
|
800
| |
|
Hotel, motel, inn
|
300
| |
|
All other commercial uses
|
Not applicable
| |
|
ER (residential parcel only)
| ||
|
Single-familty detached
|
5,000
| |
|
Two-family dwelling
|
5,000
| |
|
Single-family semidetached
|
5,000
| |
|
Single-family attached
|
5,000
| |
|
Garden apartment
|
5,000
| |
|
Garage apartment
|
5,000
| |
|
Apartment
|
5,000
| |
[Added 11-18-2016 by Ord.
No. 1116-01]
Within all districts, where permitted, no more than one single-family
detached dwelling with its customary nonhabitable accessory buildings
may occupy or be constructed upon any lot.
[Amended 8-7-2006 by Ord. No. 0806-1; 7-16-2010 by Ord. No.
0710-02]
Each story or part of a building shall be set
back from the street line so as not to project beyond the building
setback line prescribed in the following table:
|
District and Use
|
Minimum Building Setback Line
(feet)
| |
|---|---|---|
|
R-1(S)
|
75
| |
|
R-1
|
151,2
| |
|
R-2
|
10
| |
|
Commercial
| ||
|
Tier 1 uses
|
103
| |
|
Tier 2 uses
|
None
| |
|
Tier 3 uses
|
None
| |
|
ER
| ||
|
Educational facilities
|
75
| |
|
Residential parcel
|
10
| |
|
Notes:
|
|
1An open front porch
of any size that meets the requirements of § 270-21(B)(1)
may encroach up to five feet into the front yard setback area.
|
|
2For a building built
on a corner lot, the side that faces the street which is not the front
shall have a minimum building setback line of 10 feet. This setback
shall substitute for one of the two required side yards.
|
|
3Tier 1 uses within
a mixed-use structure shall meet the required setback.
|
[Amended 8-7-2006 by Ord. No. 0806-1]
A.
A rear yard shall be provided on every lot, the minimum
depth of which shall be as prescribed in the following table:
[Amended 7-16-2010 by Ord. No. 0710-02; 7-17-2015 by Ord. No. 0715-01]
|
District and Use
|
Minimum Depth of Rear Yard
(feet)
| ||
|---|---|---|---|
|
R-1(S)
|
50
| ||
|
R-1
|
15
| ||
|
R-2
|
15
| ||
|
Commercial
| |||
|
Tier 1 uses
|
101
| ||
|
Tier 2 uses
|
None
| ||
|
Tier 3 uses
|
None
| ||
|
ER
| |||
|
Educational facilities
|
75
| ||
|
Residential parcel
|
10
| ||
|
Notes:
| |
|---|---|
|
1Tier 1 uses within
a mixed-use structure shall provide the required rear yard.
|
B.
Where the boundary line dividing a commercial and
residential district is a rear property line, there shall be a rear
yard on the lot in the commercial district of at least five feet.
The rear yard of the lot in the commercial district shall be bounded
by a screen in order to shield or obscure the lot from those in the
abutting residential district.
A.
Two side yards shall be provided on every lot as prescribed
in the following table:
[Amended 8-7-2006 by Ord. No. 0806-1; 7-16-2010 by Ord. No.
0710-02; 1-17-2014 by Ord. No. 0114-01; 5-16-2014 by Ord. No. 0514-01; 12-15-2017 by Ord. No. 1217-01]
|
District and Use
|
Minimum Width of Each Side Yard
(feet)
|
Minimum Aggregate Total of Both Side Yards
(feet)
| |
|---|---|---|---|
|
R-1(S)
|
25
|
50
| |
|
R-1
|
6
|
162
| |
|
R-2
| |||
|
Uses in R-1
|
6
|
162
| |
|
Single-family semidetached
|
10
|
20
| |
|
Two-family dwelling
|
10
|
20
| |
|
Single-family attached
|
10
|
20
| |
|
All other uses
|
10
|
20
| |
|
Commercial
| |||
|
Uses in R-1
|
6
|
16
| |
|
All other Tier 1 uses
|
101
|
201
| |
|
Tier 2 uses
|
None
|
None
| |
|
Tier 3 uses
|
None
|
None
| |
|
ER
| |||
|
Educational facilities
|
75
|
150
| |
|
Residential parcel
|
10
|
20
| |
|
Notes:
| ||
|
1
|
Tier 1 Uses within a mixed-use structure shall
provide the required side yards.
| |
|
2
|
When the width of a lot exceeds 52.5 feet and the lot area exceeds
5,250 square feet, the "minimum aggregate total of both side yards"
shall be the product of multiplying the applicable minimum aggregate
total of both side yards by the lesser of:
| |
|
(1)
|
The quotient obtained by dividing the width of the lot in feet
by 50; or
| |
|
(2)
|
The quotient obtained by dividing the area of the lot in square
feet by 5,000.
| |
|
Where for the purposes of this section the width of a lot is
defined as:
| ||
|
(1)
|
The perpendicular distance between the two side lot lines when
these lot lines are parallel; or
| |
|
(1)
|
When the two side lot lines are not parallel, the length of
the street line between the points where these lot lines intersect
the street line at the front of the lot.
| |
|
In the case of a corner lot, one side lot line shall be interpreted
as the street line of the intersecting street.
| ||
|
In the case of a corner lot where the right-of-way lines of
the intersecting streets are joined by an arc, the point of measurement
is the point at which the extension of the two right-of-way lines
intersect.
| ||
B.
Where the boundary line dividing a commercial and
a residential district is a side property line, there shall be a side
yard on the lot in the commercial district of at least five feet.
The side yard of the lot in the commercial district shall be bounded
by a screen in order to shield or obscure the lot from those in the
abutting residential district.
In C-1, C-2 and C-3 Districts all refuse storage
areas and refuse containers shall be screened from public view with
an acceptable screen material, including wood, lattice, fine-mesh
fencing, plantings or other suitable material erected in conformance
to all building[1] and zoning codes. Said screened refuse storage areas and
refuse containers shall not be located within setback areas.
[Added 12-20-2019 by Ord. No. 1219-01]
Notwithstanding the provisions of Article VIII of this chapter, the Building Inspector may administratively grant a building setback variance, side yard variance, or rear yard variance that does not exceed one foot of the building setback, side yard, and rear yard requirements. Any variance that would result in the placement of a structure at a location that is more than 12 inches from the building setback, side yard setback, or rear yard setback shall not be approved administratively. Any building setback variance, side yard setback variance, or rear yard setback variance that would create or increase a separate nonconformity shall not be approved administratively.
A.
Applicability.
Administrative variances may only be granted for existing structures
located in the Special Single-Family Residence District [R-1(S)],
the Single-Family Residence District (R-1), or the General Residence
District (R-2).
B.
Applications
for an administrative variance shall be submitted in paper form and
in digital format acceptable to the City, shall include a survey signed
and sealed by a surveyor licensed in the State of Delaware, a brief
written statement of the administrative variance requested, and an
application fee of $100.
[Amended 4-16-2021 by Ord. No. 0421-01]
C.
The Building
Inspector shall provide written notice by a certified mailing of the
administrative variance application to adjacent property owners and
accept written comments for 30 working days from the date of mailing.
If any adjacent property owner objects to the administrative variance,
the Building Inspector shall refer the application to the Board of
Adjustment, and the administrative variance application fee shall
be credited to the Board of Adjustment application fee.
D.
Within
45 working days after the administrative variance application is submitted
and accepted, the Building Inspector may approve or deny the administrative
variance through a written decision. The decision of the Building
Inspector shall be governed by the exceptional practical difficulty
standard applicable to the Board of Adjustment for area variance determinations.
[1]
Editor’s Note: Former § 270-28, Limitation on size
of restaurants, as amended, was repealed 10-21-2016 by Ord. No. 1016-01.
