The purpose of this district is to
provide for and to preserve waterfront land in appropriate locations
for commercial docking, waterfront sales, storage and repair of small
boats, including out-of-water repairs, and for seafood packing and
processing establishments, subject to applicable sanitation and processing
laws and ordinances. Marinas, yacht clubs and tourist-oriented services
are permitted uses. Since land in the district is limited, construction
of dwellings should be discouraged, but since marine development will
be gradual, low-density residential uses are permitted.
A building or land or water area shall be used only for the following purposes, in all cases subject to site plan review by the Planning and Zoning Commission in accord with procedures of § 115-219 for docks, piers, bulkheads, breakwaters or other over-water structures, except private over-water piers and boathouses accessory to a dwelling:
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Any use permitted in the MR District, § 115-29
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Boat and marine engine sales and
display, yacht broker and marine insurance broker, yard display of
boats to be 30 feet from the front property line
|
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Boat buildings, storage, repair or
painting, including sale of boats and boat parts or accessories, and
marine railways, provided that out-of-water work or storage shall
be limited to boats 100 feet or less in length, and provided that
any out-of-water work or storage shall be located at least 100 feet
from any residential district. There are no restrictions on length
for boat and marine motor service and minor repair while boats are
in the water.
|
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Board docks, slips, piers, wharves,
anchorages and moorages for yachts and pleasure boats or for boats
for hire carrying passengers or excursions, sightseeing, pleasure
or fishing trips
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Boat fuel sales for pleasure boats,
provided that aboveground storage is in compliance with state and
county fire safety regulations
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Boat sales or rentals, boat liveries
and boats for hire, including out-of-water storage of new boats
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Hotels, motels and motor lodges
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Marinas, yacht clubs, swimming and
tennis clubs or private clubs
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Piers for fishing and commercial
beaches
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Restaurants
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Retail sale or rental of boating,
fishing, hunting, diving and bathing supplies and equipment or clothing
and fish bait
|
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Special events
[Added 9-18-2018 by Ord. No. 2599] |
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(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.
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(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.
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(3) In determining whether to administratively
approve a special event, the Director or his or her designee shall
consider the following:
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(a) The estimated number of attendees;
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(b) The size of the parcel where
the special event is to be located;
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(c) The parking requirements of
the special event;
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(d) Roads and traffic patterns providing
access to the special event;
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(e) Prior events conducted by the
applicant;
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(f) Noise, light, odor, and dust
generated by the special event;
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(g) Proposed hours of operation
and number of consecutive days; and
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(h) Such other considerations that
may be applicable to the requested event.
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(4) The Director or his or her designee
may impose conditions upon an administrative approval.
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(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.
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(6) Special events that do not meet
these requirements or which are not administratively approved shall
require a conditional use.
|
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Telephone stations or booths, including
drive-in or talking-from-car stations, and telephone central offices,
provided that all storage of materials, all repair facilities and
all housing or repair crews are within a completely enclosed area
|
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Tourist homes (also referred to as
"bed-and-breakfast inns")
[Added 5-16-1989 by Ord. No. 585] |
Permitted accessory uses are as follows:
The following uses may be permitted as conditional uses when approved in accordance with the provisions of Article XXIV of this chapter:
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Airports, heliports, helistops and
landing fields or seaplane bases, provided that they shall comply
with the recommendations of the Federal Aviation Administration
|
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Aquariums, commercial
|
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Bus terminals
|
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Camps, day and boarding, private
or commercial
|
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Exposition centers or fairgrounds
|
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Fish, shrimp, crab, clam, oyster and other seafood processing, packing and storing, except curing or smoking, unless approved by the Board of Adjustment under Article XXVII, subject to all applicable state and county laws and ordinances, and provided that any such use shall be located at least 200 feet from any residential district and there shall be no open or uncovered storage of shells, bones or refuse
|
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Hospitals and sanitariums, but not
animal hospitals
|
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Manufactured home parks
[Amended 10-12-2010 by Ord. No. 2152] |
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Manufacture of boat parts, sails,
accessories and equipment not involving drop-forging, stamping, automatic
screw machines or a foundry
|
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Marine or oceanographic laboratories
or experimental stations
|
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Nursing and similar care facilities
[Added 4-16-2019 by Ord. No. 2645] |
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Parks or campgrounds for mobile campers,
tents, camp trailers, touring vans and the like
|
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Public utilities or public service
uses, buildings, generating or treatment plants, pumping or regulator
stations, substations and transmission lines utilizing multilegged
structures
|
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Recreation facilities, privately
or commercially operated, such as a fishing or boating lake or picnic
grounds, and accessory facilities, including sale of food, beverages,
bait, incidentals, supplies and equipment
|
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Residential, business, commercial
or industrial uses when the purposes of this chapter are more fully
met by issuing a conditional use permit
|
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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 § 115-85 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 5-1-1990 by Ord. No. 680; 11-10-1992 by Ord. No.
863; 8-20-2013 by Ord. No. 2316; 9-18-2018 by Ord. No. 2599] |
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Sports arenas or stadiums, commercial
athletic fields or baseball parks
|
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 3-5-1991 by Ord. No. 750; 11-10-1992 by Ord. No.
863; 10-12-1999 by Ord. No. 1346; 10-12-2010 by Ord. No. 2152; 10-22-2019 by Ord. No. 2684]
|
Archery ranges
|
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Commercial dog kennels
|
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Miniature golf courses or driving
ranges
|
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Outdoor display or promotional activities
at shopping centers or elsewhere
|
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Raising for sale of birds, bees,
rabbits and other small animals, fish and other creatures
|
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Temporary buildings for use as a
sales or rental office for an approved real estate development or
subdivision
|
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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.
|
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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. The Director may, without requiring
an application for a special use exception, grant an extension for
an emergency or hardship situation previously approved by the County
Board of Adjustment upon receipt of an affidavit from a doctor stating
that the emergency or hardship situation still exists. Such extension
may be granted annually as long as the emergency or hardship still
exists.
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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 hardship 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 provision 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] |
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Cemeteries for pets
|
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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[1]
|
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Day nurseries or child-care centers[2]
|
[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 frog or
fish farms, which immediately followed this entry, was repealed 11-26-1991
by Ord. No. 806. 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
|
|
*NOTE: 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.
[Added 11-7-1989 by Ord. No. 632] | |
|
**NOTE: 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.
[Added 7-15-1997 by Ord. No. 1157] |
B.
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)
|
|---|---|---|---|
|
Single-family dwelling
|
40 (30)*
|
10
|
10
|
|
Other
|
40 (30)*
|
10
|
10
|
|
Multifamily-type structure
|
(See Table II, included at the end
of this chapter.)
| ||
|
*NOTE: See also table of district
regulations at the end of this chapter.
|
C.
Maximum height requirements. Maximum height
requirements shall be as follows:
[Amended 10-31-1995 by Ord. No. 1062]
|
Use
|
Feet
|
|---|---|
|
Single-family dwelling
|
42
|
|
Multifamily dwelling
|
42
|
|
Other
|
45
|
The regulations contained in this
Article are supplemented or modified by regulations contained in other
Articles of this chapter, especially the following:
