[Added 2-27-2018 by Ord. No. 2550]
This district supports uses that
include retail sales and performance of consumer services. It permits
a variety of retail, professional and services businesses. The district
shall be primarily located near arterial and collector streets. It
accommodates community commercial uses that do not have outside storage
or sales.
A.
A building or land shall only be used for
the following purposes or uses:
(1)
Agricultural-related uses.
(a)
Wholesale, retail nurseries for sale
of products produced on site.
(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 number of nozzles).
(c)
Retail sales establishments 75,000
square feet or less.
(d)
Pharmacy or related uses 35,000 square
feet or less.
(e)
Restaurants.
(f)
Brew pubs.
(g)
Wholesale trade establishments.
(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 clinics.
(g)
Independent care facility.
(h)
Assisted living facility.
(i)
Extended care facility.
(j)
Intermediate care facility.
(k)
Long-term care facility.
(l)
Fitness/wellness center.
(m)
Museums, non-profit art galleries.
(n)
Community centers.
(10)
Not grouped elsewhere.
(a)
Funeral home.
(b)
Animal hospital and veterinary clinics.
(c)
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.
C.
No outside storage or sales are permitted
in this district.
Permitted accessory uses are as follows:
A.
Residential within structure commercial
or business uses.
B.
Garage, public or commercial parking.
C.
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)
|
|---|---|---|---|---|
|
All permitted
|
15,000
|
—
|
75
|
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)
|
|---|---|---|---|
|
All permitted
|
60
|
5
|
5
|
(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 requirement. Maximum
floor area requirements shall be as follows:
|
Use
|
Maximum Floor Area
(square feet)
|
|---|---|
|
All permitted
|
75,000
|
D.
Maximum height requirement. Maximum height
requirements shall be as follows:
|
Use
|
Feet
|
|---|---|
|
All permitted
|
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
