In order to encourage large-scale
developments as a means of creating a superior living environment
through unified developments, and to provide for the application of
design ingenuity while protecting existing and future developments
and achieving the goals of the Comprehensive Plan, the RPC District
is hereby established.
Uses permitted in an RPC District
under this Article shall be as follows:
A.
Uses, accessory uses and signs permitted
in any residential district in accord with the additional requirements
and specific provisions of this Article.
B.
Commercial uses of convenience and necessity
to the development as a whole, such uses and accessory off-street
parking and loading spaces incident to such commercial uses not to
exceed one acre for each 100 dwelling units in the planned development.
A.
To enable the district to operate in harmony
with the plan for land use and population density embodied in these
regulations, the RPC District is created as a special district to
be superimposed on other districts contained in these regulations
and is to be so designated by a special symbol for its boundaries
on the Zoning District Map.
B.
The housing types, minimum lot requirements,
maximum height, minimum yard requirements and accessory uses and accessory
signs shall be determined by the requirements and procedure set forth
in this Article, which shall prevail over conflicting requirements
of these regulations or ordinances governing the subdivision of land.
The land in an RPC District need
not be under single ownership, provided that proper assurances are
given, through the procedures contained in this Article or elsewhere
in these regulations, that the project can be successfully completed.
The procedures for establishment of an RPC District and approval and amendment of the site plans are contained in Article XXVIII. The proposed development shall follow all applicable procedures, standards and requirements of the ordinance or ordinances and regulations governing the subdivision of land. No building permit shall be issued until a final plot of the proposed development or part thereof is approved, filed and recorded.
An application for approval of an RPC District may show and be processed concurrently with separate applications for establishment of a Commercial Marine District, an LI-1 District or a residential district in accord with regulations applicable to those districts. Establishment of the district boundaries shall be in accord with the procedures for changes and amendments contained in Article XXVIII.
A.
The Planning and Zoning Commission shall
review the conformity of the proposed development with the standards
of the Comprehensive Plan and recognized principles of civic design,
land use planning and landscape architecture. The minimum lot and
yard requirements and maximum height requirements of the zoning district
in which the development is located need not apply, except that the
Commission shall ensure an appropriate relationship between uses of
high intensity or height within the RPC District and uses of low intensity
or height, existing or future, outside the proposed RPC District and
to this end may require that the regulations for minimum lots and
yards and maximum height shall be complied with inside of and near
the boundaries of the RPC District.
B.
The Planning and Zoning Commission may
impose conditions regarding the layout and design of the proposed
development and, where applicable, shall require that appropriate
deed restrictions be filed to assure compliance with the development
plan.
C.
The Planning and Zoning Commission shall
review the location of proposed townhouses, multiple-family dwellings
or commercial uses, where allowed, and shall determine the appropriate
character of such uses.
[Amended 5-2-1989 by Ord. No. 577]
The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family or dwelling unit required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools, state wetlands as defined by § 115-193 or commercial use from the gross development area and deducting 25% of the remainder for streets or the actual area of proposed streets, whichever is less. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.
[Amended 7-15-1997 by Ord. No. 1157]
The minimum lot area and minimum lot width of detached single-family dwelling lots established within the development shall not be less than 2/3 of the normal minimum lot area and minimum lot width required for detached single-family dwellings in the district in which the lot is located. In no case shall a detached single-family lot be created with an area of less than 7,500 square feet or a lot width of less than 60 feet. Notwithstanding any provision herein to the contrary, 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.
[Amended 3-28-2017 by Ord. No. 2489]
Off-street parking shall be provided meeting the minimum requirements of these regulations. Design and improvements of parking lots and garages shall also conform to these regulations and other applicable regulations or ordinances. Design, arrangement and improvement of streets with lot frontage shall conform to Chapter 99.
[Amended 3-28-2017 by Ord. No. 2489]
All RPC Districts shall be subject to the bonding and guaranty requirements of § 99-32.
In approving an RPC District, the
Planning and Zoning Commission may recommend and the County Council
may adopt a schedule of construction. If such a schedule is adopted,
no permits for construction shall be issued except in accordance with
the adopted schedule. Where both single-family and multifamily dwelling
types are part of the development or where nonresidential uses are
part of the development, the schedule of construction may require
concurrent construction of a given type, number or use in that proportion
recommended by the Commission and adopted by the Council.
If, after approval and recording of the final site plan, the permit holder desires to incorporate additional or after-acquired adjacent land area into the development plan, an informal conference with the Planning and Zoning Commission shall be requested pursuant to § 115-123 for the purpose of outlining the scope of the application. If an application is filed for inclusion approval, the general procedural requirements of this article shall apply, with the application being deemed an application to extend or amend an existing RPC. Any application for an extension or an amendment of an RPC District to incorporate additional land area into a previously approved plan shall be considered within the parameter of the establishment of a new and separate RPC District.
