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
|
Use
|
Area
(acres)
|
Width
(feet)
|
Depth
(feet)
|
---|---|---|---|
All uses
|
3
|
150
|
100
|
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.
|
Use
|
Maximum Height
(feet)
|
---|---|
All uses
|
42
|
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
|
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
|
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
|
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.
|
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.
|
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.
|
Use
|
Maximum Height
(feet)
|
---|---|
Single-family dwelling
|
42
|
Other
|
42
|