[Amended 1-11-2014 by Ord. No. 708]
In order to regulate and restrict the location and use of buildings
and land for trade, industry, residence, and other purposes, to regulate
and restrict the location, height, and size of buildings hereafter
erected or structurally altered, the size of yards and other open
spaces, and the density of population, the following zoning districts
are hereby established:
NR
|
Neighborhood Residential
|
RR
|
Resort Residential
|
RB-1
|
Resort Business-1
|
RB-2
|
Resort Business-2
|
RB-3
|
Resort Business-3
|
PR
|
Planned Residential (NR or RR Overlay)
|
PRB-1
|
Planned Resort Business-1 (RB-1 Overlay)
|
PRB-3
|
Planned Resort Business-3 (RB-3 Overlay)
|
A.
The term "flood-prone areas" shall include all areas within the one-hundred-year
floodplain, including FEMA-designated VE, AE and AO flood zones. Almost
all of the properties in RR, RB-1, RB-2 and RB-3 lie in flood-prone
areas.
[Amended 1-11-2014 by Ord. No. 708]
B.
The term "residential" used in reference to zoning districts shall
include NR Neighborhood Residential and RR Resort Residential Districts
unless otherwise indicated.
C.
The terms "commercial," "business" or "resort business" used in reference
to zoning districts shall include all resort business districts, RB-1,
RB-2 and RB-3 Districts, unless otherwise indicated.
A.
The boundaries of the districts are hereby established as shown on
the Zoning Map entitled the "Zoning Map, Town of Dewey Beach," which
properly attested shall be on file in the office of the Town, which
map, with all explanatory matter thereon, shall be deemed to accompany,
be, and is hereby made a part of this chapter. A copy of the Official
Zoning Map shall be recorded in the Office of the Recorder of Deeds,
Sussex County, at Georgetown, and shall periodically be revised to
show amendments.[1]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
B.
The Official Zoning Map, together with subsequent applicable amendments,
shall be conclusive as to the current zoning status of land.
C.
The flood-prone areas (including FEMA-designated VE, AE and AO flood
zones) shall be deemed an overlay on any existing, or hereafter established,
zones or districts within the Town.
[Amended 1-11-2014 by Ord. No. 708]
A.
Informational copies of the Official Zoning Map shall be available
for inspection at the Town office and at such other locations as may
be necessary or convenient, including the Town's official website,
www.townofdeweybeach.com.
B.
Drafting errors or omissions may be corrected on the Official Zoning
Map, but no changes in district zoning boundaries may be made except
to show properly adopted amendments.
C.
Changes to the boundaries of the flood-prone areas (including FEMA-designated
VE, AE and AO flood zones) may be made where warranted by natural
or other causes and where a study of flood-prone conditions has been
made utilizing field techniques of the U.S. Army Corps of Engineers
or some comparable agency. All changes will be subject to review and
approval of the Federal Insurance Administration (FIA) before becoming
effective.
[Amended 1-11-2014 by Ord. No. 708]
A.
A district name or letter combination shown on the Official Zoning
Map indicates the regulations pertaining to the district designated
by that name or letter combination and extends throughout the whole
area in the Town bounded by the district boundary lines within which
such name or letter combination is shown or indicated, except as otherwise
provided by this section.
B.
Where uncertainty exists with respect to the boundaries of the various
districts as shown on the map accompanying and made a part of these
regulations, the following rules apply:
(1)
In cases where a boundary line is given a position within a street
or alley, easement, canal, navigable or nonnavigable stream, it shall
be deemed to be in the center of the right-of-way of the street, alley,
easement, canal, or stream, and if the actual location of such street,
alley, easement, canal or stream varies slightly from the location
as shown on the district map then the actual location shall control.
(2)
In cases where a boundary line is shown as being located a specific
distance from a street line or other physical feature, this distance
shall control.
(3)
Where the district boundaries as shown on the Official Zoning Map
approximately coincide with lot lines, the lot lines shall be construed
to be the district boundary line unless otherwise indicated.
(4)
Whenever any street, alley, or other public way is vacated in the
manner authorized by law, the zoning district adjoining each such
street, alley, or public way shall automatically be extended to the
center of such vacation, and all area included in the vacation shall
then and henceforth be subject to all regulations of the extended
districts.
Areas which are under water are considered to be within a zoning
district and controlled by the applicable district regulations. District
boundaries over water areas are located by noted or scaled dimensions,
by relation to physical features, by coincidence with the Town line,
or by a straight line projection of the district boundaries as indicated
on the district maps. Straight-line district boundaries over water
areas shall be assumed to continue as straight lines until they intersect
with each other or with the Town limit line.