The purpose of this article is to
provide for certain uses which cannot be well adjusted to their environment
in particular locations with full protection offered to surrounding
properties by rigid application of the district regulations. These
uses are generally of a public or semipublic character and are essential
and desirable for the general convenience and welfare but, because
of the nature of the use, the importance of the relationship to the
Comprehensive Plan and possible impact not only on neighboring properties
but on a large section of the county, require the exercise of planning
judgment on location and site plan.
The following special requirements
shall be conditions to approval and development of the indicated conditional
uses:
A.
A drive-in theater use may be approved,
provided that such use:
(1)
Shall be arranged with due care to avoid
direct entrance or exit on a major highway and that proper traffic
safeguards are provided.
(2)
Shall provide automobile storage facilities
between the ticket gates and the access street equal to 25% of the
theater capacity.
(3)
Shall have no structure other than an enclosure
fence within 50 feet of any site boundary line and shall have the
theater screen located not less than 100 feet from any major highway,
arterial street or property in a residential district and not facing
such highway, street or property, unless the face of the screen is
not visible therefrom because of natural or artificial barriers.
(4)
Shall have individual car sound speakers,
but low-volume horns may supply sound to refreshment stands and other
service areas, and may have accessory uses and structures incident
to the theater operation, including refreshment stands and toilet
facilities, provided that they serve only the patrons while within
the theater enclosure.
B.
Excavation or backfilling of borrow pits,
extraction, processing and removal of sand, gravel or stone, stripping
of topsoil (but not including stripping of sod) and other major excavations,
provided that:
(1)
No material may be brought from off the
site for processing, mixing or similar purposes.
(2)
The excavating, extraction or filling operation
shall be controlled to offer reasonable protection to surrounding
properties and the neighborhood, particularly as regards to odors,
dust, air or water pollution and uses of roads or streets providing
access to the site.
(3)
The location of the excavation, extraction
or filling with respect to property lines, the depth of excavation
or filling and relation to the water table or flood criteria and the
slope of the sides of the excavation shall be controlled to prevent
a continuing unsightly, hazardous or wasteful condition of the land.
(4)
The borrow pit shall be surrounded by a
landscaped unexcavated buffer strip of open space a minimum distance
of 100 feet from any street lines and a minimum distance of 50 feet
from all other property lines. The buffer strip shall remain free
of any buildings or streets.
(5)
The borrow pit shall be at least 200 feet
from any dwelling on property of other ownership.
(6)
Prior to issuance of a notice to proceed with development of the borrow pit, a site plan shall be submitted to the Commission for review. The site plan shall be prepared in compliance with this subsection, Article XXVIII of this chapter and the following:
(a)
Site plans shall designate existing
site conditions, proposed excavation area and proposed reclamation
plans.
(b)
Approvals shall be required to be
submitted from the appropriate governmental agency for ingress/egress
and erosion/sediment control.
[Amended 9-30-1986 by Ord. No. 382]
(c)
The Commission may request that the
site be fenced or screened and may establish greater setbacks due
to individual site-related conditions.
(d)
The Commission may request that the
site plan be reviewed by the Technical Advisory Committee.
(e)
In order to assure completion of
the approved reclamation, the Commission may recommend to the County
Council that performance guaranties be required.
C.
Livestock auction market in an AR District,
provided that:
E.
Marina or yacht club, provided that:
(1)
The marina or yacht club complies with
all other codes, regulations, laws and ordinances, including those
relating to the establishment of bulkhead line.
(2)
The proposed design is satisfactory as
regards such safety features as location of fueling points, fuel storage,
effect on navigation and possibilities for water pollution.
(3)
The marina or yacht club is properly located
with respect to access roads and existing and future developed areas.
(4)
The necessary approval is obtained from
the United States Army Corps of Engineers.
F.
Swimming or tennis club, private, nonprofit
or commercially operated, provided that:
(1)
Facilities shall be limited to those for
games and outdoor uses such as swimming pools, shuffleboard, croquet
or tennis courts. Indoor facilities shall include only meeting rooms
and locker rooms. Games and building locations shall not be located
within 25 feet of the side lot lines nor within 25 feet of the rear
lot line.
(2)
Appropriate fencing and screening from
abutting property of all outdoor activity area shall be required.
If parking areas are outside this fencing, then appropriate screening
of at least three and one-half (3 1/2) feet in height shall be
constructed around parking area to protect adjoining property from
headlights. The County Council may require the applicant to file with
the County Clerk a performance bond during the period of construction,
reconstruction or alteration, such bond to be sufficient to insure
completion of landscaping and parking plans as submitted.
(3)
Any pumps and filters which are located
above ground shall be at least 50 feet from abutting properties.
(4)
Dispensing of food, beverages, candy and
tobacco shall be from coin-operated machines only.
(5)
All lights shall be shielded to reflect
or direct light away from adjoining property.
(6)
The required off-street parking space shall
be computed on the basis of one space for each 70 square feet of pool
area. The parking layout and surfacing shall be approved by the Director.
G.
Manufactured home park, provided that:
[Amended 11-28-1989 by Ord. No. 639; 10-15-1991 by Ord. No.
795; 12-17-1996 by Ord. No. 1120; 12-17-1996 by Ord. No. 1121; 10-12-2010 by Ord. No. 2152]
(1)
Exterior access to the manufactured home
park shall be from a public highway having an easement width of at
least 50 feet, that the number and location of access drives shall
be controlled for traffic safety and protection of surrounding properties,
that no manufactured home space shall be designed for direct access
to a street outside the boundaries of the manufactured home park and
that the interior access drive easements shall be properly lighted
and at least 50 feet in width, with at least 24 feet in pavement width
for two-way traffic and at least 14 feet in pavement width for one-way
traffic.
[Amended 3-28-2017 by Ord. No. 2489]
(2)
The topography of the site is such as to
facilitate rapid drainage and that adequate drainage facilities are
provided.
(3)
The minimum width and/or depth of the manufactured
home park shall be 200 feet and the minimum total area of the manufactured
home park shall be five acres. An addition to an existing manufactured
home park has no minimum area requirement.
(4)
The minimum area for a manufactured home
site for parking one manufactured home shall be 5,000 square feet,
with a width of not less than 50 feet and with corners of each site
visibly marked and numbered by a permanent marker. Any manufactured
home with its accessory buildings shall not occupy in the aggregate
more than 35% of the gross area of the lot. No lot shall be offered
for sale or sold.
(5)
In addition to the requirement of Subsection G(4) above, an open space or spaces accessible to all manufactured home occupants and suitable for a recreational land area shall be provided within the park at a ratio of 300 square feet minimum of recreational area per manufactured home site.
(6)
The manufactured home park shall be surrounded
by a landscaped buffer strip of open space 50 feet wide along all
boundary lines. The buffer strip shall remain free of any buildings
or streets.
(7)
No authorized main residential structure
located in a conditional use manufactured home park or any addition
thereto shall be parked closer than 20 feet to any other main residential
structure or accessory building, and no part of any authorized main
residential structure or addition thereto shall be extended closer
than 10 feet to the boundaries of the individual residential site
or exceed an overall height of 35 feet for sites which have not received
a placement permit and for sites which are a minimum of 50 feet from
a site which had obtained a placement permit prior to the effective
date of this amendment; the overall height limit on sites which have
received a placement permit and within 50 feet of sites which have
received a placement permit prior to the effective date of this amendment
may not exceed 22 feet, and no part of any accessory building shall
extend closer than five feet to the boundaries of the individual residential
sites or exceed an overall height of 25 feet. Steps with related landing,
not exceeding 28 square feet of lot coverage, may project four feet
into the required setback. Where a manufactured home/manufactured
housing community has been totally developed prior to the adoption
of this chapter or where utility systems have been installed prior
to enactment and in anticipation of future development, the required
authorized primary residential structure setback may be five feet
instead of 10 feet.
(8)
Two off-street parking spaces shall be
provided on each manufactured home site.
(9)
Small retail businesses intended primarily
for occupants of the park shall be permitted within the park area.
Grocery stores, automatic laundries, beauty shops and similar uses
are appropriate.
(10)
Proper provision shall be made for
public water supply, sanitary sewers, electric connections, fire protection,
laundry, toilet and bathing facilities.
(11)
Proper provision shall be made for
refuse storage and collection, subject at all times to County regulations.
(12)
An authorized main residential structure
in a conditional use manufactured home park may be a manufactured
home or an authorized manufactured home. An authorized manufactured
home, in addition to a manufactured home, is a housing unit manufactured
off-site in one or more component parts or sections over 450 square
feet in size, constructed to be connected to utilities; such dwellings
are constructed to be towed on a chassis and may be placed upon a
permanent or temporary foundation upon a lot or site in a manufactured
home park or may remain supported by the chassis used for transportation,
for year-round occupancy on a lot or site in a manufactured home park.
Authorized manufactured homes can consist of one or more components
for movement purposes and they may be capable of being joined together
into one integral unit. This subsection, effective December 17, 1996,
shall only apply to sites that have not been issued a placement permit
prior to the effective date of this subsection.
(13)
No part of any accessory building
shall extend closer than five feet to the boundaries of an individual
residential site, or within 20 feet of a main residential structure
or addition thereto on another residential site, or within 10 feet
of an accessory building on another residential site, or exceed an
overall height of 25 feet. An existing accessory building, of the
same dimension, may be replaced in the same location if the accessory
building was previously permitted by Sussex County and if authorized
by the park management.
[Added 12-14-2010 by Ord. No. 2167]
(14)
Open unenclosed landings with steps
and temporary handicap ramps for emergency needs providing access
into the main residential structure may project four feet into the
required side yard setback and the twenty-foot separation requirement.
An open unenclosed landing, not exceeding four feet by four feet
located near the elevation of the finished floor of the main residential
structure shall have the necessary steps to get down from the landing
to the grade of the lot. Open unenclosed landings and steps shall
not be calculated as part of the lot coverage requirement of 35% since
they are required to provide access into the main residential structure.
Temporary handicap ramps may be permitted for emergency needs upon
receipt of an affidavit from a doctor on an annual basis that an emergency
situation exists and shall be subject to the approval of park management,
the Director and the County’s Chief of Building Code. A temporary
handicap ramp shall be designed and built to County Building Code
and federal code guidelines relating to the Americans with Disabilities
Act[1] with specified slopes, handrails, etc. A temporary handicap
ramp permitted under this subsection shall be removed if the need
for it no longer exists.
[Added 12-14-2010 by Ord. No. 2167]
[1]
Editor's Note: See 42 U.S.C. § 12101
et seq.
H.
Park or campground for mobile campers,
tents, camp trailers, touring vans and the like, provided that:
(1)
Exterior access shall be from a public
highway having an easement width of at least 50 feet, that the number
and location of access drives shall be controlled for traffic safety
and protection of surrounding properties, that no camping or trailer
space shall be designed for direct access to a street outside the
boundaries of the park and that the interior access drive easements
shall be properly lighted and at least 30 feet in width, with at least
24 feet in pavement width for two-way traffic and at least 14 feet
in pavement width for one-way traffic.
[Amended 3-28-2017 by Ord. No. 2489]
(2)
The topography of the site shall be such
as to facilitate rapid drainage and that adequate draining facilities
shall be provided.
(3)
Every such area shall be at least 400 feet
from any existing dwelling on property of other ownership and shall
be at least 100 feet from any public road.
(4)
Each campsite shall have an area of at
least 2,000 square feet and a width of not less than 40 feet. The
park will be surrounded by a landscaped space 50 feet wide along all
boundaries. The buffer strip shall remain free of any buildings or
streets. No site shall be offered for sale or be sold.
(5)
Proper provisions shall be made for public
water supply, toilets and bathing facilities and electric connections.
(6)
Small retail businesses intended primarily
for occupants of the park area shall be permitted within the park
area. Grocery stores, automatic laundries, beauty shops and similar
uses are appropriate.
(7)
Proper provision shall be made for refuse
storage and collection, subject at all times to county regulations.
(8)
Each campground owner may provide one accessory
building on each campsite to be used for storage purposes only and
which shall not be used for any purpose of human habitation. Each
structure shall be no more than 64 feet in area and shall be no higher
than 10 feet. For each campground where these structures are approved,
they shall be of uniform design and size and shall be uniformly placed
on each campsite. The placement of the aforesaid structures and their
design characteristics must be approved by the Commission prior to
erection in any campground. This subsection shall be applicable to
all conforming and nonconforming campgrounds.
[Amended 5-26-1992 by Ord. No. 831]
(9)
With the exceptions of structures mentioned in Subsection H(8) above, there shall be no other structure or manufactured home located on any campsite within a campground. All units to be used for the purpose of human habitation shall be tents, travel trailers, recreational vehicles and equipment manufactured specifically for camping purposes. For the purpose of a residence and/or office for the park manager, there may be one structure or manufactured home within the campground area.
[Amended 10-12-2010 by Ord. No. 2152; 10-12-2010 by Ord. No.
2152]
I.
Installation
of solar panels, solar farms or solar arrays provided that:
[Added 4-25-2023 by Ord. No. 2920]
(1)
The
solar panels, solar farm or solar array area shall be surrounded by
a landscaped buffer strip of open space a minimum of 100 feet from
any street lines and a minimum distance of 50 feet from all property
lines. The landscaped buffer strip shall remain free of any buildings
or streets with the exception of entrance areas. These measurements
shall be taken from the property line to the nearest point of the
solar panels or their support structures; provided, however, that
the setbacks and/or buffering may be increased or waived due to particular
site-related conditions.
(2)
The
solar panels, solar farm or solar array area shall be at least 200
feet from any dwelling on property of other ownership.
(3)
Any
transformers or similar equipment and structures shall be centrally
located on the site and shall be at least 200 feet from any dwelling
on property of other ownership.
(4)
The
use shall be for a ground-mounted solar farm and the storage through
batteries or similar means of solar-generated electricity.
(5)
One
unlighted sign, not to exceed 32 square feet in size, shall be permitted.
The sign shall identify the operator of the use and shall provide
contact information and instructions to first responders in case of
emergency.
(6)
The
area of the solar panels, solar farm or solar array shall be secured
by fencing with a gate with an emergency key box to accommodate emergency
access by the local fire company or other emergency responders. The
fence line shall be shown on the final site plan.
(7)
In
order to assure a complete reclamation upon the abandonment, discontinuance
or termination of the use, there shall be a decommissioning plan that
includes a financial security sufficient to ensure that funds are
available for decommissioning and removal of the solar panels, solar
farm or solar arrays in their entirety.
(8)
Prior to issuance of a notice to proceed with development of the solar panels, solar farm or solar array, a site plan shall be submitted to the Commission for review. The site plan shall be prepared in compliance with this subsection, Article XXVII of this chapter and the following:
(a)
Site plans shall designate the existing site conditions, including
the existing topography of the site, the locations of all existing
woodlands and wetlands. The site plans shall designate the proposed
area where the solar panels or solar arrays will be located, the buffer
area, including the vegetation included within them, and the proposed
decommissioning plan.
(b)
Approvals shall be required from the appropriate government agencies
for the use, including, but not limited to, the State Fire Marshal,
the Department of Transportation and for any required stormwater management
and erosion and sedimentation control.
A preliminary site plan complying with the requirements of Article XXVIII shall accompany an application for approval of a conditional use under this Article, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use and approval and amendment of site plans are contained in Article XXVIII.
[Amended 6-2-2009 by Ord. No. 2053; 6-19-2012 by Ord. No.
2262; 12-15-2015 by Ord. No. 2428; 3-28-2017 by Ord. No. 2489]
Approval of a conditional use under this article shall be valid for a period of three years after the date of approval and thereafter shall become null and void unless construction or use is substantially underway during said three-year period. Any conditional use shall expire upon abandonment or expiration of the use. Construction shall be deemed to be "substantially underway" if the right-of-way has been cleared, the roadways, internal streets and/or parking areas have been rough-graded, the drainage system and/or stormwater management facilities have been rough-graded and erosion and sediment control measures are in place and being actively maintained. In a case where no new construction is required to implement the approved use, the use shall be deemed "substantially underway" if the activity permitted by the approved conditional use is actively underway. “Abandonment” shall mean that the subject parcel remains idle or unused, or that no construction activity is actively underway, for a continuous period of two years, whether or not equipment or fixtures are removed. An extension of this time period may be sought in accordance with § 99-40C.
Any conditional use listed in § 115-172 above, legally existing at the effective date of the regulations of this Article, shall be considered a nonconforming use unless it has qualified as provided above and has been approved as a conditional use by the County Council.
Permits issued under a conditional
use approval may be revoked by the Director for failure to comply
with conditions of approval or applicable regulations.
