[Added 8-22-2006 by Ord. No. 1870]
The purpose of this district is to
provide sufficient space in appropriate locations for a wide variety
of commercial and miscellaneous service activities generally serving
a wide area and located particularly along certain existing major
thoroughfares where a general mixture of commercial and service activity
now exists, but which uses are not characterized by extensive warehousing,
frequent heavy trucking activity, open storage of materials or the
nuisance factors of dust, odor and noise associated with manufacturing.
Residential uses are permitted, provided that they meet all the requirements
stated elsewhere in this district.
A.
A building or land shall be used only for
the following purposes:
Animal hospitals or kennels with
any open pens at least 200 feet from any residential district and
50 feet from any property line
| ||
Indoor amusement places and theaters,
except open-air drive-in theaters. Indoor 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 conducted entirely
within a closed structure.
| ||
Any use permitted in an AR District
and the B-1 District
| ||
Automobile or truck sales, service
and repair, body or fender repair, but not auto salvage or junk, and
any major repairs shall be inside a completely enclosed building.
All displays shall be a minimum of 25 feet from the front property
line.
| ||
Bakeries
| ||
Boat and boat trailer sales and storage.
Boat displays of more than five feet in height shall be a minimum
of 25 feet from the front property line.
| ||
Bottling works, dyeing and cleaning
works or laundry, plumbing and heating shops, painting shops, upholstering
shops, cabinet and furniture manufacture, sheet metal shops, tire
sales and service (including vulcanizing and recapping, but no manufacturing),
appliance repairs and general service and repair establishments, similar
in character to those listed in this item, provided that no outside
storage of material is permitted, except as provided in this section
| ||
Business and commercial radio and
television stations and studios or recording studios
| ||
Car washes or automobile laundries,
automatic or otherwise
| ||
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
| ||
Farm implement sales, service, rental
and repair, but not salvage or junk, and provided that major repair
or storage of materials, damaged or unusable implements or vehicles
shall be inside a completely enclosed building. Displays of materials
and equipment of more than five feet in height shall be a minimum
of 25 feet from the front property line.
| ||
Garages, parking or storage
| ||
Hotels, motels or motor lodges
| ||
Lawn mower, yard and garden equipment,
rental, sales and services
| ||
Lumber and building materials stores
| ||
Manufactured home sales and storage,
parked a minimum of 40 feet from the front property line
[Amended 10-12-2010 by Ord. No. 2152] | ||
Material storage yards in connection
with a permitted use where storage is incidental to the approved occupancy
of the building, provided that all products and materials used or
stored are in a completely enclosed building or enclosed by a masonry
wall or solid fence, not less than six feet in height. Storage of
all materials and equipment shall not exceed the height of the wall.
Storage of cars and trucks used in connection with the permitted trade
or business is permitted, including storage of heavy equipment, such
as road-building or excavating equipment, contractor shop, storage
yard and equipment rental.
| ||
Monument sales establishments with
incidental processing to order, but not including the shaping of headstones
| ||
Nursing and similar care facilities
[Added 4-16-2019 by Ord. No. 2645] | ||
Printing, publishing and engraving
establishments
| ||
Schools for industrial training,
trade or business
| ||
Special events
[Added 9-18-2018 by Ord. No. 2599] | ||
(1)
|
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.
| |
(2)
|
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.
| |
(3)
|
In determining whether to administratively
approve a special event, the Director or his or her designee shall
consider the following:
| |
(a)
|
The estimated number of attendees;
| |
(b)
|
The size of the parcel where the
special event is to be located;
| |
(c)
|
The parking requirements of the
special event;
| |
(d)
|
Roads and traffic patterns providing
access to the special event;
| |
(e)
|
Prior events conducted by the applicant;
| |
(f)
|
Noise, light, odor, and dust generated
by the special event;
| |
(g)
|
Proposed hours of operation and
number of consecutive days; and
| |
(h)
|
Such other considerations that may
be applicable to the requested event.
| |
(4)
|
The Director or his or her designee
may impose conditions upon an administrative approval.
| |
(5)
|
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.
| |
(6)
|
Special events that do not meet these
requirements or which are not administratively approved shall require
a conditional use.
| |
Tourist homes or rooming house
| ||
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] | ||
(1)
|
No temporary removable vendor stand
shall be permanently affixed to the premises. All temporary removable
vendor stands shall be wheeled and shall be fully transportable and
moveable within 24 hours.
| |
(2)
|
There shall be no more than one temporary
removable vendor stand on a parcel at any one time.
| |
(3)
|
No temporary removable vendor stand
shall be wider than eight feet six inches nor longer than 45 feet.
| |
(4)
|
No temporary removable vendor stand
shall be permanently connected to any utilities, including water,
sewer, electric or gas.
| |
(5)
|
No temporary removable vendor stand
shall interfere with vehicular or pedestrian movement on a parcel
or adjacent rights-of-way.
| |
(6)
|
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.
| |
(7)
|
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.
| |
(8)
|
Upon approval by the Director or
Board of Adjustment, 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.
| |
(9)
|
The approval of the temporary removable
vendor stand shall be valid for one year.
| |
(10)
|
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.
| |
Used car and truck sales and storage,
parked a minimum of 25 feet from the front property line
| ||
Warehousing within a completely enclosed
building, provided that such use is not objectionable by reason of
odor, dust, noise or similar factors
|
B.
The total floor area of any building or
group of buildings shall be less than 75,000 square feet.
A.
It is recognized that there may be large-scale commercial or retail uses planned in the CR-1 Commercial Residential District, generally serving a regional area. Such uses are defined as those where the total floor area of any building or group of buildings shall be equal to or exceed 75,000 square feet. Such uses shall be adjacent to a major arterial roadway, as defined in § 99-5 of the Subdivision Ordinance, Chapter 99 of the Code of Sussex County, and be located where adequate infrastructure is existing, planned or funded and shall be completed prior to the issuance of a certificate of compliance. Such uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of materials or the nuisance factors of dust, odor and noise associated with manufacturing. Such uses must comply with the provisions contained within this section
B.
Height, area and bulk requirements.
(1)
Minimum lot sizes. Minimum lot sizes
shall be as follows:
Use
|
Area
(acres)
|
Width
(feet)
|
Depth
(feet)
|
---|---|---|---|
All uses
|
3
|
150
|
100
|
(2)
Minimum yard requirements. Minimum
yard requirements shall be as follows:
Use
|
Depth of
Front Yard
(feet)
|
Width of
Side Yard
(feet)
|
Depth of
Rear Yard
(feet)
|
---|---|---|---|
All
|
60*
|
20
|
30
|
NOTES:
|
---|
* See also minimum buffers and setbacks contained in § 115-194.1E.
|
(3)
Maximum height requirements. Maximum
height requirements shall be as follows:
Use
|
Maximum Height
(feet)
|
---|---|
All uses
|
42
|
C.
Access standards from roadways. Access
points and left turning movements along roadways shall be minimized.
Access and circulation to roadways shall comply with the following
standards:
(1)
Access from roadways shall be kept
to a minimum and shall encourage the use of shared driveways where
feasible and shall be subject to the approval of the Delaware Department
of Transportation.
(2)
Access drives and service roads shall
be designed to minimize queuing of entering or exiting vehicles.
(3)
Access driveways shall accommodate
pedestrian traffic through the use of depressed curbs.
D.
Additional requirements.
(1)
The following improvements shall
be shown on the site plan:
(a)
Transit accommodations shall be provided
at the discretion of the Planning and Zoning Commission and DelDOT.
(b)
Pedestrian movement shall be accommodated
throughout the site to provide safe connections to transit stops,
parking areas and sidewalks.
(c)
Cross access easements and interconnections
shall be provided to adjoining sites for vehicular and pedestrian
traffic.
(2)
Off-street parking space requirements shall be increased by 20% over those contained in § 115-162.
(3)
A public hearing by the Board of
Adjustment shall be conducted prior to the approval of the expansion
by 25% or more of the total floor area of any existing nonresidential
structure containing at least 75,000 square feet of total floor area.
Permitted accessory uses are as follows:
Any accessory use permitted in an
AR District
|
Storage of office supplies or merchandise
normally carried in stock in connection with a permitted office, business
or commercial use, subject to applicable district regulations
|
The following uses may be permitted as conditional uses when approved in accordance with the provisions of Article XXIV of this chapter:
Airports and landing fields or seaplane
bases, provided that they shall comply with the recommendations of
the Federal Aviation Administration
|
Aquariums, commercial
|
Beaches, commercial
|
Bus terminals
|
Cemeteries, including a crematorium
if located at least 200 feet from the boundaries of the cemetery
|
Drive-in theaters
|
Exposition centers or fairgrounds
|
Heliports or helistops
|
Hospitals and sanitariums
|
Institutions, educational or philanthropic,
including museums, art galleries and libraries
|
Outdoor amusement places, including,
but not limited to, batting cages, skating rinks, waterslides, miniature
golf, model racing tracks and similar recreational 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.
|
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
|
Racetracks, any type, including horses,
stock cars or drag strip
|
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 § 115-83.2 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 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 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
|
Rifle or pistol ranges, trap or skeet
shooting
|
Sawmills for cutting timber grown
on the premises
|
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
|
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 provisions 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 § 115-196
[Amended 10-12-2010 by Ord. No. 2152] |
Business and commercial communications towers and radio or television broadcasting station towers as provided for in § 115-194.2
|
Cemeteries for pets[1]
|
Day nurseries or child-care centers
|
More than one manufactured home may be permitted on a farm of 10 acres or more pursuant to § 115-21A(5), provided that all manufactured homes or dwellings on the property are the primary place of residence for persons employed on the premises or immediate members of the family owning or operating the farm, and provided that the granting of this exception will not adversely affect the values or uses of adjacent properties.
[Amended 10-12-2010 by Ord. No. 2152] |
Off-premises signs, subject to the
provisions of § 115-81A(2)
|
Public telephone booths in residential
areas[2]
|
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 § 115-83.2; 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.
|
[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 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
|
NOTES:
|
---|
* 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.
|
** 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.
|
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:
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 III, included at the end
of this chapter.)
|
NOTES:
|
---|
* See also the table of district
regulations at the end of this chapter.
|
** See also § 115-194.1.
|
C.
Maximum height requirements. Maximum height
requirements shall be as follows:
Use
|
Maximum Height
(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
CR-1 Commercial Residential 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 the apply to a CR-1 District established under
the procedures of this chapter.