Town of Dewey Beach, DE District Regulations

§ 185-23 NR Neighborhood Residential District.

Purpose of the district. The purpose of this district is to provide for medium-density residential development, together with such churches, recreational facilities, and accessory uses as may be necessary or are normally compatible with residential surroundings.

Permitted uses. See Table 1, Uses in Residential Districts.

Permitted accessory uses. See Table 1, Uses in Residential Districts.

Table 1 Uses in Residential Districts [Amended 4-25-2009 by Ord. No. 656]
		NR Neighborhood Residential	RR Resort Residential	PR Planned Residential
Permitted uses. A building or land shall be used only for the following purposes:
	Single-family detached dwelling but not mobile home
	Multifamily dwelling unit in a building or structure dedicated to residential use, including townhouse and apartment-style configurations, with no more than 3 dwelling units per building
	Multifamily dwelling unit in a building or structure dedicated to residential use, including townhouse and apartment-style configurations, with no more than 4 dwelling units per building
	Public park
	Church, rectory, parish house, convent and monastery, temple, synagogue and like religious uses
	Transmission lines and their supporting elements
	Dewey Beach municipal building and uses
Permitted accessory uses (a use clearly incidental to or customarily found in connection with, and located on the same lot as the principal use of the premises).
	Home occupation in main building or accessory building
	Playhouse, without plumbing, limited in floor area to 150 square feet and head room limited to five feet
	Swimming pool
	Domestic storage in main building or in an accessory building
	Garage, private
	Parking of permitted motor vehicle
	Storage of a boat trailer or recreational vehicle or a boat or travel trailer or motor home (but not mobile homes) but not in a front yard or side yard adjacent to a street, provided it is not used for living purposes while so stored
	Keeping of domestic animals, but only for personal enjoyment or household use and not as a business, and providing such pets are properly licensed, housed and cared for so as not to be a public or private nuisance or to endanger the welfare of the pet so kept
	Home barbecue grill used in compliance with Fire Marshal regulations; electric and piped-in-gas grills permitted, bottled-gas/propane and charcoal grills are prohibited on upper-level decks
Conditional uses, permitted as conditional uses when approved in accordance with the provisions of Chapter 185, Article VII.
	Bed-and-breakfast inn; see § 185-23D(1) for the minimum conditional use requirements for operating a bed-and-breakfast
	Access or egress to adjacent Resort Business District property owned by the same person, corporation or entity. The area for access, ingress and egress shall not exceed 50% of the total area of the resort residential property. The access, ingress and egress area may be used for unloading of materials to the property or adjacent property but shall not be used for storage of any materials. No parking in access, ingress or egress area.
	Automobile parking and unloading area for materials delivered to Resort Business District property owned by the same person, corporation or entity, the area of which does not exceed 25% of the total area of the resort residential property. The storage of any materials in such parking area is prohibited.
	Institutions, educational or philanthropic, including museums, art galleries and libraries
	Marinas or yacht clubs and swimming or tennis clubs whether public, private or nonprofit
	Public utilities or public services uses, public or governmental buildings and uses, including schools, playgrounds, and public boat landings
Uses permitted by special exception. Use exceptions may be permitted by the Board of Adjustment, and in accordance with the provisions of Article X, Board of Adjustment.
	Private garage for more than four automobiles and floor area of more than 900 square feet
	Temporary use of a building as a sales or rental office for an approved real estate development or subdivision to be used for a period of time greater than 7 days
	Temporary parking for trailers for special events and/or construction activities, but not along the Coastal Highway right-of-way, permitted from Memorial Day to Labor Day

(1)

Home occupation. Any home occupation which is conducted in a manner such that the dwelling housing the occupation is indistinguishable from dwellings with no business use and which meets the following standards is permitted as an accessory residential use:

[Added 1-9-2016 by Ord. No. 724]

(a)

Home occupation. A home occupation may include activities similar to: the professional office of a physician, dentist, lawyer, business or technology consultant, engineer, architect, accountant or salesman; dressmaking; custom baking; or day care or babysitting for no more than five children, provided the operator is duly licensed by the state for the purpose of providing child day care; but not activities that might be referred to as a nursing home, convalescence home, rest home, restaurant or cafe or tearoom, tourist home or bed-and-breakfast, massage service or therapeutic massage, or such similar establishments; and studio space for an artist or craft person or musician to work in and to provide private instruction to one or two pupils at a time.

(b)

Licensing. All home occupations shall be registered with the Town of Dewey Beach and hold a valid Town business license and appropriate State of Delaware licensing.

(c)

Employees. The owner and primary operator (the "operator") of the home occupation shall be a full-time resident of the dwelling unit and, subject to the following exceptions, shall not employ any individuals other than family members who also are full-time residents of the dwelling unit.

[1]

No more than one nonfamily or nonresident, on-site employee is permitted on the premises at one time.

[2]

A home occupation which provides a service that occurs off site may have additional employees, provided such employees meet and work off site and not at the subject residence.

(d)

Customers/clients. The operator may meet with customers at the site, provided that the frequency and consistency of traffic to and from the site in relation to the home occupation does not interfere with the community's comfort, safety, or enjoyment of the neighborhood around the subject property as a residential area or create a visual or traffic annoyance to persons of normal sensibilities such that a public nuisance is created. A high volume of visits and traffic to and from the site shall be prima facie evidence that the home occupation is not indistinguishable from other dwellings and creates a public nuisance in the residential neighborhood, in violation of these requirements.

(e)

Location, size and modifications. No home occupation shall be conducted outside the dwelling unit. The total area used to accommodate the home occupation shall not exceed 25% of the total gross floor area (GFA) of the principal residential dwelling. No structural alterations or enlargements shall be made to the dwelling unit for the primary purpose of conducting the home occupation.

(f)

Parking. Adequate on-site, off-street parking shall be provided for all employees, customers, clients and/or pupils. The principal driveway serving the residence shall act as the parking area. Only the principal driveway may be used for parking in conjunction with the home occupation.

(g)

Hazardous materials. No toxic, explosive, flammable, radioactive or other restricted materials shall be used, sold or stored on the site in connection with the home occupation.

(h)

Outside storage. No outdoor display or storage of materials, goods, supplies or equipment related to the home occupation shall be permitted.

(i)

Deliveries and pick-ups. Truck deliveries or pick-ups of supplies or products associated with the home occupation shall occur only within the hours of 8:00 a.m. and 7:00 p.m. Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods. No regular tractor-trailer delivery shall be permitted.

(j)

Signs and displays. No display of any products or operations that would create external evidence of the operation of the home occupation is permitted. No more than one nameplate sign no larger than 1.5 square feet in area displaying the name and street address of the occupant of the property and name of the permitted home occupation is permitted. No marked service vehicle, trailer or other equipment used in conjunction with the home occupation shall be parked on the property or contiguous street right-of-way so as to identify, advertise or otherwise attract attention to the home occupation.

(k)

Manufacturing, repairing, mechanical work. No manufacturing, repairing or other mechanical work shall be performed outside the dwelling unit. When such activity is conducted inside the dwelling unit, it shall be conducted in such a way that no noise, heat, glare, odor, vibration, electromagnetic interference or smoke shall be perceptible at or beyond the property line.

(l)

Penalties. Any person who engages in an unregistered home occupation or is found in violation of the requirements listed herein shall be guilty of a civil offense. See Chapter 80, Civil Offenses, for applicable fines and appeal process.

Conditional uses. See Table 1, Uses in Residential Districts. If a conditional use is granted, the planting requirements of § 185-55B shall apply; and where the conditional use property adjoins a residential property, it shall have designated a planting area 2 1/2 feet wide along the common property line.

(1)

Bed-and-breakfasts. The following specific conditions shall apply to all bed-and-breakfasts:

(a)

The bed-and-breakfast shall be an incidental use to the principal use of the building as a single-family dwelling. The bed-and-breakfast must be owner-occupied during the period of operation, unless a non-owner manager is approved as a part of the approval of the conditional use application.

(b)

One Class ABC fire extinguisher shall be in each sleeping area or room.

(c)

Food will only be served to guests staying at the bed-and-breakfast.

(d)

Only breakfast shall be served on a regular basis.

(e)

Two means of egress from building or egress windows in each bedroom shall be provided.

(f)

Smoke detectors shall be provided in each sleeping area.

(g)

There shall be no cooking facilities of any nature in any room used as a bed-and-breakfast guest room.

(h)

The owner/operator must supervise any guest cooking in the facility.

(i)

One sign no larger than seven square feet identifying the bed-and-breakfast and availability of rooms to let shall be permitted. No internal illumination of sign shall be permitted, nor shall moving, blinking or neon signs be permitted.

(j)

The appropriate business license must be paid.

(k)

There shall be no more than four guest rooms per bed-and-breakfast. During the period of May 15 through September 15, a bed-and-breakfast shall be operated exclusively as a bed-and-breakfast, such that all designated guest rooms are available for use by transient paying guests.

(l)

There shall be no more than two adult guests per rental bedroom.

Uses permitted by special exception: See Table 1, Uses in Residential Districts.

Permitted signs: all signs permitted by § 185-29, but limited in area to seven square feet, and signs permitted within the NR District by § 185-31.

Height, area and bulk requirements. See Table 2, Bulk Zoning Standards in All Districts.[1]

[1]

Editor's Note: Table 2 is included as an attachment to this chapter.

Reference to additional regulations. The regulations contained in this section are supplemented or modified by regulations contained in other articles of this and other chapters of the Town's municipal code, especially the following:

(1)

Article V, General Sign Regulations.

(2)

Article VI, Off-Street Parking.

(3)

Article VII, Conditional Uses.

(4)

Article VIII, Supplementary Height, Area, and Bulk Regulations.

(5)

Article X, Board of Adjustment.

(6)

Definitions contained in Chapter 1, Article III.

(7)

Restrictions specific to development in flood-prone areas (including FEMA-designated VE, AE and AO flood zones) contained in Chapter 101, Article IV.

[Amended 1-11-2014 by Ord. No. 708]

§ 185-24 RR Resort Residential District.

Purpose of the district. The purpose of this district is to provide for residential development of greater density than that provided for in an NR District, together with low-impact community and municipal functions and servicing of adjacent resort business properties owned by the same person, corporation or entity. See Table 1, Uses in Residential Districts.[1]

[1]

Editor's Note: Table 1 follows § 185-23C.

Permitted uses: any use permitted in a Neighborhood Residential District, dedicated multifamily residential structures, and municipal buildings and uses. See Table 1, Uses in Residential Districts.

Permitted accessory uses: any permitted use in a Neighborhood Residential District. See Table 1, Uses in Residential Districts.

Conditional uses. See Table 1, Uses in Residential Districts.

Uses permitted by special exception. See Table 1, Uses in Residential Districts.

Permitted signs: all signs permitted by § 185-29, but limited in area to seven square feet, and signs permitted within the RR District by § 185-31.

Height, area and bulk requirements. See Table 2, Bulk Zoning Standards in All Districts.[2]

[2]

Editor's Note: Table 2 is included as an attachment to this chapter.

(1)

Article V, General Sign Regulations.

(2)

Article VI, Off-Street Parking.

(3)

Article VII, Conditional Uses.

(4)

Article VIII, Supplementary Height, Area and Bulk Regulations.

(5)

Article X, Board of Adjustment.

(6)

Definitions contained in Chapter 1, Article III.

(7)

Restrictions specific to development in flood-prone areas (including FEMA-designated VE, AE and AO flood zones) contained in Chapter 101, Article IV.

[Amended 1-11-2014 by Ord. No. 708]

§ 185-25 RB-1 Resort Business District.

Purpose of the district.

(1)

The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of commercial and miscellaneous service activities. This district permits the most intense development of such activities. Its features include structures that are both entirely dedicated to commercial use or mixed-use structures with floor area square footage of not less than 1/3 commercial land use and not greater than 2/3 residential land use. Single-family detached dwellings and buildings or structures dedicated to residential uses are prohibited.[1]

[1]

Editor's Note: Former Subsection A(2), which pertained to the availability of relaxed bulk standards under certain conditions, which immediately followed this subsection, was repealed 7-25-2018 by Ord. No. 749.

Permitted uses. See Table 3, Uses in Resort Business Districts.

Permitted accessory uses. See Table 3, Uses in Resort Business Districts.

[Amended 78 Del. Laws, c. 232, 5/1/2012; 7-27-2012 by Ord. No. 696; 10-13-2012 by Ord. No. 698; 5-22-2018 by Ord. No. 742; 6-30-2020 by Ord. No. 755; 2-17-2023 by Ord. No. 801]

Table 3 Uses in Resort Business Districts
					RB-1 Resort Business	RB-2 Resort Business	RB-3 Resort Business	PRB-1 Planned Resort Business	PRB-3 Planned Resort Business
Permitted uses. A building or land shall be used only for the following purposes:
	Retail food business, including grocery and specialty-food stores (e.g., bakery, fresh fruit and vegetables, fresh fish and meats, delicatessen and gourmet foods), and the like
	Bank and/or ATM, drive-in or otherwise, so long as driveway space shall be provided off the street for all vehicles waiting for drive-in service
	Service businesses, including, e.g., barber shop, beauty salon and day spa; house cleaning, landscaping and decorating; catering and florist service; shoe and clothing repair, consumer-electronics repair, computer equipment repair, small tool and appliance repair, and sporting equipment service and repair; printing, desktop publishing and engraving; handyman, electrician, painter, plumber, carpenter and general contractor; and similar types of service businesses
	Pet grooming and pet day care, but not kenneling, provided that such businesses submit an appropriate plan of operation addressing the subjects of vaccinations, licenses, pet waste, and noise management procedures. Pet grooming and pet day care businesses shall not operate between the hours of 9:00 p.m. and 7:00 a.m.
	Store or shop for the conduct of retail business, including the sale of clothing and accessories; antiques, carpets and fabrics; medications; books, cards and sundries; hardware, paint and general merchandise; furniture, beach, garden and hobby supplies; flower shop and associated greenhouse(s); jewelry, arts and crafts; household goods, sporting goods, computer equipment and accessories, consumer electronics and office/home office supplies; and similar types of retail establishments
	Health or fitness club; recreation facility or athletic field, including tennis, swimming and boating, volleyball, bocce, and similar types of recreational activity; areas for fishing or boating and picnic grounds, and like uses; accessory facility for the sale of food, nonalcoholic beverages, bait, supplies and incidentals, and equipment appropriate to such recreational activity
	Office for professional or general business activity
	Studio for artist(s), photographer(s), sculptor(s), potter(s) or musician(s), whether open to the public for classes or exhibits, including sales, or not
	Amusement place or theater, except open-air drive-in theaters. Amusement places include a bowling alley, dance hall subject to applicable Town regulations, skating rink, swimming pool, miniature golf, billiard or pool parlor, indoor model racing track, and similar activity, but specifically exclude an adult book/video store, adult motion-picture theater, adult bath house, adult massage parlor, adult modeling studio, adult cabaret or strip club, and adult novelty shop.					See Conditional Use	See Conditional Use		See Conditional Use
	Marine activities, including mooring, boat and trailer sales, storage, repairs and service. Boat and/or trailer displays of more than 3 1/2 feet in height shall conform to all setback and yard requirements
	Automobile parking lot and multistory garage					See Conditional Use	See Conditional Use		See Conditional Use
	Mixed commercial and residential use within a single structure, subject to the mixed-use provisions of Articles VI (Off-Street Parking) and VII (Conditional Uses) and providing that any mixed-use structures shall have exclusive commercial land use on the first floor and may have commercial and/or residential land use on upper levels
	Private residential dwelling unit as a "residential" component in a mixed-use structure that is operated as a rooming home, tourist home, or bed-and-breakfast to provide accommodations for a maximum of two adults per rental room, not to exceed a total of 12 rental rooms; each rental room shall not have cooking facilities of any kind. The property owner or rental manager must be resident on the premises during periods of operation as a rental accommodation
	Single-family detached dwelling, but not a mobile home
	Multifamily dwelling unit in a building or structure dedicated to residential use, including townhouse and apartment-style configurations
	Convention center; community center; meeting hall for use by religious groups (e.g., church or synagogue), private or professional club or lodge, and similar types of organizations						See Conditional Use		See Conditional Use
	Public park
	Tents, canopies and awnings covering 1) conditional use approved outside service areas or 2) existing nonconforming outdoor service areas shall be permitted subject to all Building Code, Fire Marshal and setback requirements and shall not constitute an addition, expansion or extension as referenced in § 185-25D(1)(c) or 185-60
	Transmission line and required supporting elements
Permitted accessory uses (a use clearly incidental to or customarily found in connection with, and located on the same lot as the principal use of the premises).
	Domestic storage and storage of office supplies and other merchandise carried in connection with a permitted use
	Home barbecue grill used in compliance with Fire Marshal regulations; electric and piped-in-gas grills permitted, bottled-gas/propane and charcoal grills are prohibited on upper-level decks
	Home occupations
	Keeping of pets for personal use when properly licensed and vaccinated
	Parking of permitted motor vehicles
	Storage of a boat, including wave runner types of water vehicles, boat trailer, or recreational vehicle (but not mobile home), but not in a front yard or side yard adjacent to a street. Any such vehicle shall not be used for living purposes while so stored.
	Swimming pool
Conditional uses. The following uses may be permitted as conditional uses when approved in accordance with the provisions of Article VII of this chapter:
	Hospitals, clinics or first-aid stations for treatment of humans
	Veterinarian practice for care of domestic animals, provided any such business does not create health or safety hazards for neighbors or the Town and does not result in excessive sound or odors. Boarding may be provided for animals under immediate veterinarian supervision, but kenneling shall not be permitted.
	Courtyard development/ cluster buildings with dedicated commercial or mixed use
	Educational or philanthropic institutions, including museums, art galleries and libraries
	Public or governmental building and use, including facility for Town Hall and police operations, park, playground and public boat landing; school, summer school or summer camp, including educational curricula, computer study, sporting, music, arts and crafts schools or camps
	Public pier for fishing
	Day-care facility for care of children or the elderly, when appropriately licensed and in conformance with all state and county regulations
	Package store (consistent with ABCC licensing and regulation)
	Bus stop
	Convention center; community center; meeting hall for use by religious groups (e.g., church or synagogue), private or professional club or lodge, and similar types of organizations, providing the parcel is developed so as to provide for adequate parking for such activities				Permitted Use			Permitted Use
	Automobile parking lot and multistory garage				Permitted Use			Permitted Use
	Amusement place or theater, except open-air drive-in theaters. Amusement places include a bowling alley, dance hall subject to applicable Town regulations, skating rink, swimming pool, miniature golf, billiard or pool parlor, indoor model racing track, and similar activity, but specifically exclude an adult book/video store, adult motion-picture theater, adult bath house, adult massage parlor, adult modeling studio, adult cabaret or strip club, and adult novelty shop.				Permitted Use			Permitted Use
	Garage, private
	Filling station
	Tents of all types designated to be in operation for a period of time of seven days or less
	Restaurants and other uses as per requirements in § 185-25D(1) conditional use requirements for restaurants and other uses
	Signs larger than 85 square feet on a single surface
Uses permitted by special exception. Special use exceptions may be permitted by the Board of Adjustment, and in accordance with the provisions of Article X, Board of Adjustment.
	Exceptions to parking requirements as per the requirements in § 185-67B(2), exceptions to parking requirements
	Temporary structures for the sale of food or merchandise for a period greater than seven days
	Awnings covering all or part of an established paved public sidewalk, provided that the awnings pose no obstacle to required or desired visibility and do not impede pedestrian traffic. Approved awnings shall not be lower than 8 feet nor higher than 15 feet from the sidewalk surface and must be cantilevered from the building with no support extending to the ground.
	Kiosks
	Private garage for more than four automobiles and floor area of more than 900 square feet
	Temporary use of a building as a sales or rental office for an approved real estate development or subdivision to be used for a period of time greater than seven days
	Temporary outdoor display or promotional activities designated to be in operation for a period of time greater than seven days
	Temporary parking for trailers for special events and/or construction activities, but not along the Coastal Highway right-of-way
	Tents other than those covering a conditional use approved or existing licensed patron area as a permitted use; provided that if the tent is to be used over a parking lot, such a tent shall not encompass more than 2,000 square feet, such a tent shall not be used before 8:00 a.m. and after 8:00 p.m. between May 15 and September 15 (Subject to the above described limitations, permits may be approved by the Town Commissioners following a public hearing for special events requiring tents for a period of three days or less.)
	Temporary expansion of patron area into the parking lot for special events. Permits for temporary expansion of patron areas may be granted by the Commissioners of the Town of Dewey Beach following a public hearing pursuant to the following limitations and conditions:
		A.	No patron area shall be expanded to encompass more than 2,000 square feet.
		B.	No temporary expansion permit shall be granted for a time period exceeding 72 hours in duration.
		C.	Temporary expansions of patron areas for special events held between May 15 and September 15 shall be limited to one per business establishment per calendar year and restricted to the hours of 9:00 a.m. to 8:00 p.m.
		D.	Temporary expansions of patron areas for special events held between September 16 and the subsequent May 14 shall be limited to two per business establishment per calendar year. An additional two events per establishment may be applied for, provided the events are family-friendly (open to all ages), and supportive of a charitable organization or fundraising for Town improvements.
		E.	Applications for temporary expansions of patron areas shall be submitted not less than 90 days in advance of the proposed special event.
		F.	The application shall include a flat fee of $500 per day of the proposed special event.
		G.	Not less than 48 hours prior to start of an approved event, the applicant shall display on the event premises permits from the Town of Dewey Beach; the Fire Marshal if required, and the ABCC license extension certificate, if required.
		H.	Additional conditions of approval may include the following:
			(1)	Additional security measures to protect the health, safety and welfare of the event participants and the community as a whole.
			(2)	Restrictions on the hours of operation of a special event.
			(3)	The provision and screening of adequate facilities, such as portable toilets and waste receptacles.
			(4)	In the event the applicant proposes to erect a tent, limitations on the time period in which the tent may be erected prior to the event and removed following the event.
			(5)	Any other condition that promotes and protects the health, safety and welfare of the community at large.
Special events permitted for a limited period of time. Special-event permits shall be approved by the Town Commissioners following a public hearing.
	Sale of permitted types of goods, products and services from a vehicle, push cart, tent or open-air facility when authorized by majority vote of the Town Commissioners as part of a "fair" or "show" of duration not to exceed seven consecutive days, and with such terms and conditions as the Town Commissioners may impose
	Temporary outdoor display or promotional activities designated to be in operation for a period of seven days or less
	Temporary use of a building as a sales or rental office for an approved real estate development or subdivision limited in time to seven days or less
	Temporary structures for the sale of food or merchandise for a period of seven days or less
	Nonprofit charitable gaming limited to off-season (October 15 to May 15) for a period of six hours with approval of Town Commissioners, except that the event must be conducted by a nonprofit organization. No establishment shall conduct charitable gaming more than one time per calendar quarter.

Conditional uses. See Table 3, Uses in Resort Business Districts. The following additional conditions shall apply:

(1)

Restaurants and other uses.

(a)

Any new facility or expansion of an existing facility which is enclosed, outdoor or open air, and is defined by any one of the following general categories:

[1]

Restaurant, with or without an ABCC license, provided that:

[a]

Seated dining for 35 or more patrons must be provided.

[b]

A minimum of 80% of the patron area, exclusive of kitchens, storage areas, offices, outside service areas, and rest rooms, must be permanently committed to seated dining, and said seating areas may not be altered, moved or removed.

[c]

A maximum of 20% of the patron area, exclusive of kitchens, storage areas, offices, outside service areas, and rest rooms, may be designated as bar area, where seated and stand-up consumption of alcoholic beverages by patrons is permitted.

[d]

In the area designated for seated food service, alcoholic beverages shall only be served to dining patrons.

[e]

No stand-up consumption of alcoholic beverages in the area designated for seated food service is permitted.

[f]

All tables and chairs shall be maintained in the configuration shown in the approved conditional use application.

[g]

If the bar area is separated from the dining area by walls or partitions, the number of patrons in the bar area cannot exceed the Fire Marshal's occupancy limit for that area.

[h]

Kitchen facilities shall be under the direction of a chef or cook.

[i]

Restaurants conforming to this subsection shall be permitted to apply for a conditional use permit for an outside service area.

[j]

Restaurants not conforming to this subsection are prohibited from expanding or adding an outside service area.

[2]

Entertainment or amusement facility, with or without an ABCC license.

[3]

Any commercial, outdoor, open-air operation, or outside service area, provided that:

[Amended 1-9-2016 by Ord. No. 724]

[a]

There shall be no stand-up consumption of alcoholic beverages.

[b]

There shall be no external speakers or amplifiers.

[c]

Any interior speakers on the premises shall not be directed toward such outside service area(s).

[d]

The area shall be cleared of patrons by 11:00 p.m.

[4]

Eateries or cabarets, provided that:

[Amended 1-9-2016 by Ord. No. 724]

[a]

Alcoholic beverages shall be not be served, nor shall foods containing or infused with alcohol be served.

[b]

If indoor seating is provided, it shall be limited to a maximum of 35 patrons.

[c]

If indoor patron area or outdoor seating on premises is provided, a minimum of one handicapped unisex restroom shall be provided. Said restroom shall have unimpeded access directly from the patron area of the eatery and not through the food preparation area or storage area.

[Amended 6-25-2021 by Ord. No. 768]

[d]

If outdoor or unenclosed tables or chairs are provided by the eatery, the hours of operation of the outdoor or unenclosed area shall not extend beyond 11:00 p.m.

[e]

Outside loudspeakers for the amplification of sound shall not be permitted.

[f]

Portable toilets shall not be permitted.

[g]

Hours of operation shall not be earlier than 6:00 a.m. and not after 1:00 a.m. of the following day.

[h]

Additionally, operation of an eatery or cabaret shall meet any and all other conditions established by the Town Commissioners at the time of any initial or subsequent approval.

(b)

Expansion of an existing nonconforming bar, tavern or nightclub, whether involved in the sale of food or not, not to exceed 50% of the existing facility, provided that only one such expansion shall be permitted for such facility during the lifetime of the establishment operating as a conditional use, and further provided that the provisions of § 185-60A of this Code shall not be applicable to an application for expansion of a nonconforming use pursuant to this subsection.

(c)

All restaurants, bars and eateries in existence as of the date of the adoption of Ordinance No. 228 (April 11, 1992) may continue to operate the facility as before the adoption of said ordinance as a nonconforming ("grandfathered") facility. The status of the nonconforming, grandfathered facility shall terminate and the facility shall be required to operate in conformity with this Code, § 185-25D, § 185-35A, and § 185-35B, if there is a(n):

[1]

Expansion of or addition to the existing building or existing outside service area except as required by applicable codes or insurance requirements.

[2]

Reduction of the percentage of patron area committed to seated dining.

[3]

Reduction of service areas by internal rearrangement for the purpose of creating an increase in the bar areas of more than 100 square feet of floor space as of the date of the adoption of Ordinance No. 234 (July 10, 1992).

(2)

Filling station - a retail establishment that provides retail sales of gasoline and diesel fuels and possibly provides routine motor vehicle services and operation of a convenience store, provided that:

[Added 1-9-2016 by Ord. No. 724]

(a)

Product sales and services are limited to the retail sale of petroleum-based and other vehicle-related consumable products and the routine servicing of motor vehicles, such as the retail sales and/or installation of automotive accessories, automobile washing by hand, undercoating and rustproofing services, waxing and polishing of automobiles, tire changing and repairing (excluding recapping), battery service, changing and replacement (excluding repair and rebuilding), radiator cleaning and flushing (excluding steam cleaning and repair), and state inspection.

(b)

The following operations shall only be performed if conducted within a completely enclosed building: brake servicing, limited to servicing and replacement of brake cylinders, lines and brake shoes; wheel balancing, and the testing, adjustment and replacement or servicing of carburetors, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring.

(c)

Any convenience food store operation on the lot or parcel shall also provide for the retail sale of petroleum-based and vehicle-related products as part of its normal operations.

(d)

In no case shall the following be permissible as part of any filling station or automobile service station operation: automobile wrecking; automobile or auto parts recycling; auto body repairs; automobile painting; the parking or storing of inoperable, wrecked or unregistered vehicles; the parking or storing of motor vehicles for hire, such as taxis, limousines, or tour vans or buses; parking of motor vehicles for a fee; or the operation, parking or storing of more than one towing vehicle.

(3)

No new hotels/motels. Defined as any business providing lodging for transient patrons and regulated under Delaware State Code _____, no new hotels or motels shall be permitted in the Town of Dewey Beach per Ordinance No. 430 enacted 4/8/2000. Existing hotels/motels shall conform to the following:

[Added 1-9-2016 by Ord. No. 724]

(a)

Is operated exclusively as a place of temporary lodging on a daily basis.

(b)

Is open to the public in its entirety rather than to a limited group, except that one room or suite may be reserved for the use of the resident manager.

(c)

Contains a public lobby and guest registration area in which all reservations are recorded.

(d)

Provides full-time on-site management during the summer season, daily linen service, and daily housekeeping of all guest rooms and suites. The on-site management shall be responsible for the conduct of all guests, shall coordinate all rentals from realtors or travel agents, shall establish via room registration or rental agreement the maximum occupancy per room, and shall see that all guests are aware that exceeding the allowable occupancy shall be subject to immediate eviction and loss of rental.

(e)

Limits the number of guest rooms and/or suites to the number approved by the building permit.

(f)

Has available for assignment at least one parking space per guest room plus two for the office.

(g)

Is subject to the Delaware Division of Revenue hotel or motel room tax.

(h)

Does not provide self-contained suites or groups of rooms with separate cooking and sleeping areas, except that it may offer self-contained efficiency units (see definitions in § 1-16).

(i)

Shall be subject to the supplementary height, area and bulk regulations in Chapter 185, Article VIII.

Uses permitted by special exception. See Table 3, Uses in Resort Business Districts.

Special events permitted for a limited period of time. See Table 3, Uses in Resort Business Districts.

Permitted signs. All signs permitted by § 185-29 and signs permitted within the RB Districts by § 185-32.

Height, area and bulk requirements. See Table 2, Bulk Zoning Standards in All Districts.

Reference to additional regulations. The regulations contained in this section are supplemented or modified by regulations contained in other articles of this chapter and other chapters of the Town's municipal code, especially the following:

(1)

Article V, General Sign Regulations.

(2)

Article VI, Off-Street Parking.

(3)

Article VII, Conditional Uses.

(4)

Article VIII, Supplementary Height, Area and Bulk Regulations.

(5)

Article X, Board of Adjustment.

(6)

Definitions contained in Chapter 1, Article III.

§ 185-25.1 RB-2 Resort Business District-2.

Purpose of the district. This district represents the middle level of commercial development intensity in a main-street-like district lining the Coastal Highway corridor (S.R. 1). The features of this zone include structures that are either entirely dedicated to commercial land use, or mixed-use structures of floor-area footage of not less than 1/3 commercial land use and not greater than 2/3 residential land use, providing use of the first floor or street level is restricted to commercial land use activities. Single-family detached dwellings and multifamily dwellings in a building or structure dedicated to residential use are prohibited.

Permitted uses. See Table 3, Uses in Resort Business Districts.[1]

[1]

Editor's Note: Table 3 follows § 185-25C.

Permitted accessory uses. See Table 3, Uses in Resort Business Districts.

Conditional uses. See Table 3, Uses in Resort Business Districts.

Uses permitted by special exception. See Table 3, Uses in Resort Business Districts.

Special events permitted for a limited period of time. See Table 3, Uses in Resort Business Districts.

Permitted signs. All signs permitted by § 185-29 and signs permitted within the RB Districts by § 185-32.

Height, area and bulk requirements. See Table 2, Bulk Zoning Standards in All Districts.[2]

[2]

Editor's Note: Table 2 is included as an attachment to this chapter.

(1)

Article V, General Sign Regulations.

(2)

Article VI, Off-Street Parking.

(3)

Article VII, Conditional Uses.

(4)

Article VIII, Supplementary Height, Area and Bulk Regulations.

(5)

Article X, Board of Adjustment.

(6)

Definitions contained in Chapter 1, Article III.

(7)

Restrictions specific to development in flood-prone areas (including FEMA-designated VE, AE and AO flood zones) contained in Chapter 101, Article IV.

[Amended 1-11-2014 by Ord. No. 708]

§ 185-25.2 RB-3 Resort Business District-3.

Purpose of the district.

(1)

This district represents the lowest level of commercial development in coexistence with dedicated residential land use. The features of this zone include structures that are either entirely dedicated to commercial land use, are of mixed-use with floor-area footage of not less than 1/3 commercial land use and not greater than 2/3 residential land use and providing that usage of the first floor or street level is restricted to commercial land use activities, and dedicated residential land uses, including detached single-family residences and multifamily residential structures.[1]

[1]

Permitted uses. See Table 3, Uses in Resort Business Districts.[2]

[2]

Editor's Note: Table 3 follows § 185-25C.

Permitted accessory uses. See Table 3, Uses in Resort Business Districts.

Conditional uses. See Table 3, Uses in Resort Business Districts.

Uses permitted by special exception. See Table 3, Uses in Resort Business Districts.

Special events permitted for a limited period of time. See Table 3, Uses in Resort Business Districts.

Permitted signs. All signs that are permitted by § 185-29, and signs permitted within the RB Districts by § 185-32.

Height, areas and bulk requirements. See Table 2, Bulk Zoning Standards in All Districts.[3]

[3]

Editor's Note: Table 2 is included as an attachment to this chapter.

(1)

Article V, General Sign Regulations.

(2)

Article VI, Off-Street Parking.

(3)

Article VII, Conditional Uses.

(4)

Article VIII, Supplementary Height, Area and Bulk Regulations.

(5)

Article X, Board of Adjustment.

(6)

Definitions contained in Chapter 1, Article III.

(7)

Restrictions specific to development in flood-prone areas (including FEMA-designated VE, AE and AO flood zones) contained in Chapter 101, Article IV.

[Amended 1-11-2014 by Ord. No. 708]

§ 185-26 PR Planned Residential District.

Purpose. The purpose of this district is to allow overall residential development for a large block of land rather than requiring separate residential structures on individual lots without, however, increasing the density which would be permitted in the larger NR or RR District in which such a PR overlay is located, and to permit 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 when determined to be for the public welfare, safety and benefit.

Permitted uses. See Table 1, Uses in Residential Districts.[1]

[1]

Editor's Note: Table 1 follows § 185-23C.

Permitted accessory uses. See Table 1, Uses in Residential Districts.

Conditional uses. See Table 1, Uses in Residential Districts.

Uses permitted by special use exception. See Table 1, Uses in Residential Districts.

Special events permitted for a limited period of time. See Table 3, Uses in Resort Business Districts.[2]

[2]

Editor's Note: Table 3 follows § 185-25C.

Permitted signs: all signs permitted by Article V in a residential district, but limited in area to seven square feet.

Applicability of the district. To enable the district to operate in harmony with the purposes of this chapter and population densities embodied in these regulations, the PR Planned Residential District is created as a special district to be superimposed on other districts contained in these regulations, specifically the NR and RR Districts, and is to be so designated by a special symbol for its boundaries on the Official Zoning Map. The minimum lot requirements, maximum height, minimum yard requirements and accessory uses shall be determined by the requirements and procedures set forth in this article, which shall prevail over conflicting requirements of these regulations or articles governing the subdivision of land.

Minimum district area. The minimum area for a PR Planned Residential District under this section shall be a parcel of 100,000 square feet or more.

Ownership control. The land in a PR Planned Residential District need not be under single ownership, provided proper assurances are given through the procedure contained in this section or elsewhere in these regulations that the project can be successfully completed and maintained as a whole.

Review standards for height, area and bulk requirements.

(1)

Relaxation of specified bulk standards is permissible in accordance with and as restricted by Table 2, Bulk Zoning Standards in All Districts,[3] for the PR Zoning District, provided there is public access to all common areas of the development and any waterfront areas shall be for public use.

[Amended 7-25-2018 by Ord. No. 749]

[3]

Editor's Note: Table 2 is included as an attachment to this chapter.

(2)

The Town Commissioners or their designated agent shall review the conformity of the zoning site plan with the standards of this chapter and recognized principles of civic design, land use planning and landscape architecture as well as aesthetics and comments of neighboring property owners. The minimum lot and yard requirements of the zoning district in which the development is located need not apply but the site plan shall insure appropriate relationships between buildings and municipal streets and the height of buildings to preserve and assure adequate open spaces. However, the maximum height of any structure shall be 35 feet.

(3)

The Town Commissioners may impose conditions regarding the layout and design of the proposed development and, where applicable, shall require that appropriate deed restrictions or other restrictions be filed to assure compliance with its development plan.

(4)

The Town Commissioners shall review the location of proposed single-family detached dwellings and dedicated-residential buildings containing multifamily dwelling units and determine the appropriate character of such locations.

Height. See Table 2, Bulk Zoning Standards in All Districts.[4]

[4]

Editor's Note: Table 2 is included at the end of this chapter.

Area. See Table 2, Bulk Zoning Standards in All Districts.

Commercial versus residential use ratio. Commercial uses are prohibited. See Table 1, Uses in Residential Districts, and Table 2, Bulk Zoning Standards in All Districts.

Minimum lot area and frontage, external and tiered setbacks, and number of dwelling units permitted. See Table 2, Bulk Zoning Standards in All Districts. Exterior setbacks from streets shall not be less than 20 feet for new structures. The maximum number of dwelling units permitted shall be determined by dividing the gross lot area by the minimum lot area per dwelling unit shown in Table 2, Bulk Zoning Standards in All Districts. Any area of land in the parcel set aside for common open space, interior roads, parking other than in an underground parking garage or more than one level of a multilevel parking garage, or recreational use may be included in determining the number of dwelling units permitted.

Off-street parking. Off-street parking shall be provided consistent with the minimum requirements indicated in Table 2, Bulk Zoning Standards in All Districts, for residential use. Design of parking lots, garages and other improvements shall be subject to site plan review and approval.

Other requirements.

(1)

Planting and beautification areas.

(2)

Use of permeable paving materials.

(3)

Use of environmentally sustainable materials and construction techniques shall be considered by the developer.

(4)

The applicant shall provide the Town Commissioners with proposed renderings showing the elevations and facades for the proposed building(s) and streetscape plan.

Completion guarantee. Upon final approval of a site plan by the Town Commissioners, the developer shall guarantee completion of the development plan within a period to be specified by the Town Commissioners and shall post an appropriate bond or other form of contractual guarantee to be approved by the Town Commissioners. No building permit shall be issued until such guarantee is posted.

Procedure for approving final development plan. The procedures for approval of a development plan for PR Planned Residential Districts shall follow the procedure described in Article XI, Administrative Provisions.

§ 185-26.1 PRB-1 Planned Resort Business District-1.

Purpose of the district. The purpose of this planned resort business overlay is to allow overall commercial and/or mixed-use development for a large block of land rather than requiring separate commercial and/or mixed-use structures on individual lots. This overlay will permit large-scale entirely commercial or mixed-use developments as a means of creating a superior business and living environment through unified developments of large contiguous tracts of land and to provide for the application of design ingenuity while protecting existing and future developments when determined to be for the public welfare, safety and benefit.

Permitted uses. See Table 3, Uses in Resort Business Districts.[1]

[1]

Editor's Note: Table 3 follows § 185-25C.

Permitted accessory uses. See Table 3, Uses in Resort Business Districts.

Conditional uses. See Table 3, Uses in Resort Business Districts.

Uses permitted by special use exception. See Table 3, Uses in Resort Business Districts.

Special events permitted for a limited period of time. See Table 3, Uses in Resort Business Districts.

Permitted signs: all signs as permitted by Article V regarding signage for the RB-1 District.

Applicability of the district. To enable the district to operate in harmony with the purposes of this chapter of the Municipal Code of the Town of Dewey Beach and heights and densities embodied in these regulations, the PRB-1 Planned Resort Business District-1 is created as a special district for contiguous tracts of land to be superimposed on the Town's RB-1 Resort Business District contained in these regulations and is to be so designated by a special symbol for its boundaries on the Official Zoning Map. The minimum lot requirements, maximum height, maximum floor area ratio and dwelling unit density, minimum yard requirements and permitted, conditional and accessory uses shall be determined by the requirements and procedures set forth in this section, which shall prevail over conflicting requirements of these regulations or articles governing the subdivision of land.

Minimum district area. The minimum area for a PRB-1 Planned Resort Business District-1 under this section shall be a contiguous parcel of 80,000 square feet.

Ownership control. A development plan may be submitted for land in a Planned Resort Business District that incorporates more than one parcel owned by more than one person or entity, provided that adequate assurances are given that the project can be successfully completed and maintained as a whole.

Review standards.

(1)

Relaxation of specified bulk standards is permissible in accordance with and as restricted by Table 2, Bulk Zoning Standards in All Districts, for the PRB-1 Zoning District,[2] provided there is public access to all common areas of the development and any waterfront areas shall be for public use.

[Amended 7-25-2018 by Ord. No. 749]

[2]

Editor's Note: Table 2 is included as an attachment to this chapter.

(2)

The Town Commissioners or their designated agent shall review the conformity of the detailed zoning site plan with the standards of this chapter and recognized principles of civic design, land use planning and landscape architecture as well as aesthetics and comments of neighboring property owners. The minimum lot and yard requirements of the zoning district in which the development is located need not apply but the site plan shall insure appropriate relationships between buildings and municipal streets and the height of buildings to preserve and assure adequate open spaces. However, the maximum height of any new structure within a PRB-1 District shall not exceed 35 feet.

(3)

The Town Commissioners may impose conditions regarding the layout and design of the proposed development and buildings and, where applicable, shall require that appropriate deed restrictions or other restrictions be filed to assure compliance with its development plan.

(4)

The Town Commissioners shall review the location of proposed residential, commercial and mixed-use structures and determine the appropriate character of such locations.

Height. See Table 2, Bulk Zoning Standards in All Districts.[3]

[3]

Editor's Note: Table 2 is included at the end of this chapter.

Area. See Table 2, Bulk Zoning Standards in All Districts.

Commercial versus residential use ratio. See Table 1, Uses in Residential Districts,[4] and Table 2, Bulk Zoning Standards in All Districts.

[4]

Editor's Note: Table 1 follows § 185-23C.

Minimum lot area and frontage, external and tiered setbacks, and number of dwelling units permitted. See Table 2, Bulk Zoning Standards in All Districts. The maximum number of dwelling units permitted shall be determined by dividing the gross lot area by the minimum lot area per dwelling unit shown in Table 2, Bulk Zoning Standards in All Districts. Any area of land in the parcel set aside for common open space, interior roads, parking other than in an underground parking garage or more than one level of a multilevel parking garage, or recreational use may be included in determining the number of dwelling units permitted. The Town Commissioners may reduce the number of dwelling units permitted as a matter of legislative discretion.

Bulk. See Table 2, Bulk Zoning Standards in All Districts.

Off-street parking.

(1)

See Table 2, Bulk Zoning Standards in All Districts.

(2)

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or use of a building or premises by more than one use having the same parking requirements, the total number of off-street parking spaces required shall equal the sum of the requirements of the various uses computed separately. Design of parking lots, garages and other improvements shall be subject to site plan review and approval.

Other requirements.

(1)

Planting and beautification areas.

(2)

Use of permeable paving materials.

(3)

Use of environmentally sustainable materials and construction techniques shall be considered by the developer.

(4)

The applicant shall provide the Town Commissioners with proposed renderings showing the elevations and facades for the proposed building(s) and streetscape plan.

Procedure for approving final development plan. The procedures for approval of a development plan for the PRB-1 Planned Resort Business District-1 shall follow the procedure described in Article XI, Administrative Provisions.

§ 185-26.2 PRB-3 Planned Resort Business District-3.

Purpose of the district. The purpose of this planned resort business overlay is to allow overall mixed-use development for a large block of land rather than requiring separate commercial, mixed-use or residential structures on individual lots. This overlay will permit large-scale mixed-use developments as a means of creating a superior business and living environment through unified developments of large contiguous tracts of land and to provide for the application of design ingenuity while protecting existing and future developments when determined to be for the public welfare, safety and benefit.

Permitted uses. See Table 3, Uses in Resort Business Districts.[1]

[1]

Editor's Note: Table 3 follows § 185-25C.

Permitted accessory uses. See Table 3, Uses in Resort Business Districts.

Conditional uses. See Table 3, Uses in Resort Business Districts.

Uses permitted by special use exception. See Table 3, Uses in Resort Business Districts.

Special events permitted for a limited period of time. See Table 3, Uses in Resort Business Districts.

Permitted signs. All signs as permitted by Article V regarding signage for Resort Business Districts.

Applicability of the district. To enable the district to operate in harmony with the purposes of this chapter of the Municipal Code of the Town of Dewey Beach and heights and densities embodied in these regulations, the PRB-3 Planned Resort Business District-3 is created as a special district for contiguous tracts of land to be superimposed on the Town's RB-3 Resort Business District contained in these regulations and is to be so designated by a special symbol for its boundaries on the Official Zoning Map. The minimum lot requirements, maximum height, maximum floor area ratio and dwelling unit density, minimum yard requirements and permitted, conditional and accessory uses shall be determined by the requirements and procedures set forth in this section, which shall prevail over conflicting requirements of these regulations or articles governing the subdivision of land.

Minimum district area. The minimum area for a PRB-3 Planned Resort Business District-3 under this section shall be a contiguous parcel of 80,000 square feet. Such area shall not be significantly increased or decreased once approval for preliminary site plans has been obtained.

Review standards.

(1)

Relaxation of specified bulk standards is permissible in accordance with and as restricted by Table 2, Bulk Zoning Standards in All Districts,[2] for the PRB-3 Zoning District, provided there is public access to all common areas of the development and any waterfront areas shall be for public use.

[Amended 7-25-2018 by Ord. No. 749]

[2]

Editor's Note: Table 2 is included as an attachment to this chapter.

(2)

(3)

(4)

The Town Commissioners shall review the location of proposed residential, commercial and mixed-use structures and determine the appropriate character of such locations.

Height: not to exceed 35 feet. See Table 2, Bulk Zoning Standards in All Districts.

Area. See Table 2, Bulk Zoning Standards in All Districts.

Commercial versus residential use ratio. See Table 1, Uses in Residential Districts,[3] and Table 2, Bulk Zoning Standards in All Districts.

[3]

Editor's Note: Table 1 follows § 185-23C.

Bulk. See Table 2, Bulk Zoning Standards in All Districts.

Off-street parking.

(1)

See Table 2, Bulk Zoning Standards in All Districts.

(2)

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or use of a building or premises for more than one use having the same parking requirements, the total number of off-street parking spaces required shall equal the sum of the requirements of the various uses computed separately. Design of parking lots, garages and other improvements shall be subject to site plan review and approval.

Other requirements.

(1)

Planting and beautification areas.

(2)

Use of permeable paving materials.

(3)

Use of environmentally sustainable materials and construction techniques shall be considered by the developer.

(4)

The applicant shall provide the Town Commissioners with proposed renderings showing the elevations and facades for the proposed building(s) and streetscaping plan.

Procedure for approving final development plan. The procedures for approval of any development plan for a Planned Resort Business District-3 overlay district are described in Article XI, Administrative Provisions.