Town of Ocean View, DE Article IV Use Regulations

§ 140-24 Permitted uses and structures. [1]

[1] Editor's Note: The Table of Permitted Uses and Structures is included at the end of this chapter.

§ 140-25 Accessory uses and structures.

A. Definition. A use is an "accessory use" if it meets all of the following criteria:

(1) It is incidental and subordinate to the principal use;

(2) It is customary to the principal use;

(3) It is operated and maintained under the same ownership and on the same lot as the principal use;

(4) It does not include structures or structural features inconsistent with the principal use; and

(5) It does not include overnight lodging.

B. Where permitted. Unless otherwise provided, accessory uses are permitted in all zones.

C. Regulations governing certain accessory uses.

(1) Agricultural. On a farm consisting of at least five acres, the following accessory uses and structures are permitted:

(a) Accessory structures for sale or processing of farm products raised on the premises;

(b) Accessory open or enclosed storage of farm materials, products or equipment; and

(c) Accessory farm buildings, including barns, cribs, stable sheds, tool rooms, shops, bins, tanks and silos.

(2) Commercial vehicles on residential properties.

(a) Improved properties. Only one commercial vehicle, not exceeding one-ton capacity, may be parked on a lot that is used or zoned for residential purposes.

(b) Unimproved properties. On unimproved properties in any residential zoning district, the parking of commercial vehicles, as defined in Subsection A, is prohibited.

(3) Major recreational equipment.

(a) Definition: includes boats, boat trailers, travel trailers, pickup campers, or coaches designed to be mounted on motor vehicles, motorized dwelling unit, tent trailers, and similar equipment, as well as cases or boxes used for transporting major recreational equipment regardless of whether the equipment is inside of the boxes.

(b) Regulation. Major recreational equipment shall:

[1] Be parked or stored within a garage or behind the nearest portion of a building to a street.

[2] Not be used for living, sleeping, or other housekeeping purposes.

[3] Be parked anywhere for a maximum of 24 hours while loading and unloading.

(4) Unlicensed vehicles and trailers. A vehicle or a trailer without valid license plates shall be parked either in a completely enclosed building or in a side or rear yard that is enclosed with a solid fence at least six feet high.

(5) Swimming pools on residential lots.

(a) Definition: any outdoor structure set into the ground, or installed permanently above ground with decking, that is designed to hold water at a depth greater than two feet, and intended for recreational use.

(b) Placement. Every swimming pool shall comply with the following requirements:

[1] Be located on a lot on which there is situated a dwelling;

[2] Be located so that the distance from the water's edge to the side and rear lot line is not less than the building setback line as required in this chapter; and

[3] Not be located within a front yard.

(c) Fence required. All swimming pools shall be enclosed by a fence that meets all of the following standards:

[Amended 4-12-2011 by Ord. No. 274]

[1] Is at least 54 inches in height;

[2] Has a maximum vertical clearance of two inches between grade and the bottom of the fence;

[3] Has no opening through which a spherical object four inches in diameter can pass;

[4] Has a self-latching gate;

[5] Is placed a minimum of five feet from the edge of the pool; and

[6] Shall be constructed of a material that makes it difficult for a person or child to pass through, go under or climb over.

§ 140-26 Temporary uses and structures.

A. Intent and purpose.

(1) Intent: allow for the short-term placement of activities in temporary facilities or outside of buildings.

(2) Purpose: avoid incompatibility between temporary uses and surrounding areas.

B. Temporary use permit required. The following temporary uses shall require that application for a permit be made prior to commencement of the use as set forth in § 140-95.

(1) Real estate sales offices within approved development projects.

(2) Christmas tree sale lots for a period not to exceed 30 consecutive calendar days; however, a permit shall not be required when a sale is in conjunction with an established commercial business or charitable organization.

(3) Other seasonal product sales, such as pumpkins or produce.

(4) Circus, carnival, amusement park, or midway.

(5) Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities.

(6) Farmers' markets.

(7) On- and off-site contractors' construction yards, provided that the site is properly maintained and kept free of trash and debris.

(8) Roadside stand for the sale of agricultural products produced on property where offered for sale under the following conditions:

(a) The stand is located at least 25 feet from any street.

(b) Permitted signage. See § 140-96.

(c) During seasons when products are not sold:

[1] The stand shall be kept in good condition; and

[2] The sign shall be removed.

(9) Sidewalk sales: temporary outdoor display/sales of merchandise under the following conditions:

(a) No more than two such displays/sales shall be conducted in any calendar year;

(b) No sale/display shall exceed three consecutive days;

(c) The merchandise is customarily sold on the premises; and

(d) The merchandise is neither sold nor displayed on vacant property.

(10) Temporary storage structures, such as "pods," not to remain more than 30 days.

(11) Similar temporary uses determined compatible with the zoning district in which they are located and surrounding land uses.

C. Notification required. The following temporary uses require that notification shall be made to the Administrative Official prior to the commencement of the use:

(1) Yard sales. In residential zones, temporary outdoor sales of merchandise under the following conditions:

(a) No more than two sales shall be conducted in any calendar year;

(b) No sale shall exceed two consecutive days; and

(c) These sales shall be conducted on and confined to property with improvements only.

§ 140-27 Prohibited uses.

[Amended 10-10-2023 by Ord. No. 396]

The operation of a marijuana cultivation facility, a marijuana product manufacturing facility, a marijuana testing facility, a retail marijuana store, each as defined in Title 4, § 1302 of the Delaware Code, or a marijuana smoking lounge shall be prohibited within the municipal boundaries of Ocean View.