[Added 2-27-2018 by Ord. No. 2550]
The purpose of this district is to
provide primarily for office, retail shopping and personal service
uses, to be developed either as a unit or on an individual parcel,
to serve the needs of a relatively small area, primarily nearby rural,
low-density or medium-density residential neighborhoods. To enhance
the general character of the district and its compatibility with its
residential surroundings, signs are limited to those accessory to
businesses conducted on the premises, and the number, area and type
of signs are limited.
A.
A building or land shall only be used for
the following purposes:
(3)
Sales and rental of goods, merchandise
and equipment.
(a)
Convenience store.
(b)
Convenience store, fuel station (one
to six fuel dispensers; no restrictions on nozzles).
(c)
Retail sales establishments 30,000
square feet or less.
(d)
Pharmacy or related uses 30,000 square
feet or less.
(e)
Restaurant 7,500 square feet or less.
(f)
Brew pub 7,500 square feet or less.
(4)
Office, clerical, research, personal
service and similar enterprises not primarily related to goods.
(5)
Manufacturing, assembling, processing.
(a)
Winery, brewery or distillery under
7,500 square feet.
(7)
Institutional, residence care, confinement
and medical facilities.
(a)
Family day-care center (one to six
children).
(b)
Large family child-care homes (seven
to 12 children).
(c)
Early care and education and school-age
centers (13+ children).
(d)
Residential child-care facilities
and day treatment programs.
(e)
Child placing agencies.
(f)
Medical clinic.
(g)
Assisted living facility.
(h)
Extended care facility.
(i)
Intermediate care facility.
(j)
Long-term care facility.
(k)
Surgical center.
(l)
Fitness/wellness center.
(m)
Museums, nonprofit art galleries.
(n)
Community centers.
(11)
Not grouped elsewhere.
(a)
Cemeteries.
(b)
Funeral home.
(c)
Animal hospital and veterinary clinics.
(d)
Temporary removable vendor stands,
including but not limited to food trucks and similar vehicles or trailers,
located on the premises between March 15 and November 15 for the sale
of food, agricultural products or other food-related goods. Such temporary
removable vendor stands must comply with all of the following requirements:
[1]
No temporary removable
vendor stand shall be permanently affixed to the premises. All temporary
removable vendor stands shall be fully transportable and moveable
within 24 hours.
[2]
There shall be no more
than one temporary removable vendor stand on a parcel at any one time.
[3]
No temporary removable
vendor stand shall be wider than eight feet six inches nor longer
than 45 feet.
[4]
No temporary removable
vendor stand shall be permanently connected to any utilities, including
water, sewer, electric or gas.
[5]
No temporary removable
vendor stand shall interfere with vehicular or pedestrian movement
on a parcel or adjacent rights-of-way.
[6]
The owner of a proposed
temporary removable stand shall present the Director of Planning and
Zoning with written approval of the existence and location of the
stand by the property owner and a drawing showing the location of
the stand upon the property. Upon presentation of this information,
the Director may preliminarily approve the stand or require the owner
to apply for a special use exception from the Board of Adjustment
if there are concerns about the location, the size of the property,
the effect(s) upon on-site parking, neighboring properties, or roadways,
or other good cause.
[7]
If preliminarily approved,
the owner of a proposed temporary removable stand shall present the
Director of Planning and Zoning with evidence of a current State of
Delaware business license.
[8]
Upon approval by the
Director, a Sussex County vendor stand sticker shall be issued in
a form established by the Director. This sticker shall be visible
on the stand at all times.
[9]
The approval of a temporary
removable vendor stand shall be valid for one year.
[10]
The application for
a temporary removable vendor stand shall be in a form established
by the Director. The fee for filing such an application shall be $100.
(e)
Use of a manufactured-home-type structure for any business, commercial or industrial use that is administratively approved by the Director or his or her designee, and subject to the requirements set forth in Article IV, § 115-20A(16).
[Added 10-22-2019 by Ord. No. 2684]
B.
Where, in the judgment of the Commission,
a use is not specifically referenced but is similar to those listed
as permitted, it may be permitted by approval of the Commission.
Permitted accessory uses are as follows:
A.
Residential within-structure commercial
or office uses.
B.
Home occupation.
C.
Garage, public or commercial parking.
D.
Temporary buildings, including manufactured
home type structures, the use of which is incidental to construction
operations or sale of lots during development being conducted on the
same or adjoining tract or subdivision and which shall be removed
upon completion or abandonment of such construction or upon expiration
of a period of two years of the time of erection of the temporary
building, whichever is sooner. If construction operations or the initial
sale of lots remain actively underway, the Director may grant extensions
to this time period.
[Added 10-8-2019 by Ord. No. 2683]
Special use exceptions may be permitted by the Board of Adjustment and in accordance with the provisions of Article XXVII of this chapter, and may include:
A.
Exceptions to parking and loading requirements,
as follows:
(1)
Off-street parking areas, adjacent to or at a reasonable distance from the premises on which parking areas are required by the parking regulations of Article XXII, where practical difficulties, including the acquisition of property, or undue hardships are encountered in locating such parking areas on the premises and where the purpose of these regulations to relieve congestion in the streets would be best served by permitting such parking off the premises.
(2)
Waiver or reduction of the parking
and loading requirement in any district whenever the character or
use of the building is such as to make unnecessary the full provision
of parking or loading facilities.
(3)
Waiver or reduction of loading space
requirements where adequate community loading facilities are provided.
(4)
Waiver or reduction of loading space
requirements for uses which contain less than 10,000 square feet of
floor area where construction of existing buildings, problems of access
or size of lot make impractical the provision of required loading
space.
B.
Temporary and conditional permits for a
period not to exceed five years, such period to be determined by the
Board, for the following uses:
[Added 10-22-2019 by Ord. No. 2684]
(1)
Use of a manufactured-home-type structure
for any business, commercial or industrial use when not approved administratively
by the Director or his or her designee.
A.
Minimum lot sizes. Minimum lot sizes shall
be as follows:
|
Use
|
Minimum Area**
(square feet)
|
Maximum Area**
(square feet)
|
Width*
(feet)
|
Depth
(feet)
|
|---|---|---|---|---|
|
Permitted uses
|
3,000
|
3 acres
|
30
|
100
|
|
*
|
NOTE: A lot fronting on a numbered
road shown on the General Highway Map for Sussex County of 1964, as
revised, shall have a minimum lot width of 150 feet.
|
|
**
|
NOTE: Any lot which is not connected to a central sewer system, as defined by § 115-194A, or which is located within a planning area as defined by a sewer planning study approved by the Sussex County Council, shall have a minimum area of 3/4 acre.
|
B.
Minimum yard requirements.
(1)
Minimum yard requirements shall be as follows, except that, in addition, the requirements relating to minimum buffers and setbacks contained in § 115-194.1E of this Code shall apply to all uses other than single-family dwellings and multifamily structures:
|
Use
|
Depth of Front Yard
(feet)
|
Width of Side Yard
(feet)
|
Depth of Rear Yard
(feet)
|
|---|---|---|---|
|
Permitted uses
|
40
|
10
|
10
|
(2)
There shall be a side yard not less
than 20 feet in width on the side of the lot adjoining a residential
district and there shall be a rear yard not less than 30 feet in depth
on the rear side of a lot adjoining a residential district.
C.
Maximum floor area requirements. Maximum
floor area requirements shall be as follows:
|
Use
|
Maximum Floor Area
(square feet)
|
|---|---|
|
Permitted uses
|
30,000
|
D.
Maximum height requirement. Maximum height
requirements shall be as follows:
|
Use
|
Feet
|
|---|---|
|
Permitted uses
|
42
|
The regulations contained in this
article are supplemented or modified by regulations contained in other
articles of this chapter, especially the following:
Article XX, Tables
Article XXI, Signs
Article XXII, Off-Street Parking
Article XXIII, Off-Street Loading
Article XXV, Supplementary Regulations
Article XXVII, Board of Adjustment
