[Added 2-27-2018 by Ord. No. 2550]
In order to encourage carefully planned
large-scale commercial, retail, and mixed-use developments as a means
of creating a superior shopping, working and living environment through
unified developments, and to provide for the application of design
ingenuity while protecting existing and future developments and achieving
the goals of the Comprehensive Plan.
A.
The land area shall have access to an existing
or planned arterial or collector road.
B.
The land area shall be served by adequate
existing or planned infrastructure.
C.
The land areas may contain a single parcel
or multiple parcels. The minimum district area is three acres.
[Amended 7-27-2021 by Ord. No. 2792]
D.
The land need not be under single ownership,
provided that proper assurances are given, through the procedures
contained in this section or elsewhere in these regulations, that
the project can be successfully completed and maintained.
E.
The district may have a maximum of 40%
of its developable area consist of duplexes, townhouses or multifamily
dwellings.
[Amended 7-27-2021 by Ord. No. 2792]
F.
Site plan review requirements.
(1)
A Planned Commercial District will
be permitted only in accordance with a development plan approved by
County Council in accordance with the requirements and procedures
contained in this section.
(2)
The development plan shall display the requirements identified in § 115-220, Preliminary site plan requirements. The development plan shall also include:
(a)
Land use plan or plans showing location
and arrangement of all proposed land uses, heights of buildings, setbacks
and side yards, proposed internal and external traffic circulation
(including widths, driveways and access), pedestrian circulation,
proposed open space dedications and easements.
(b)
General landscaping and screening
plan showing general types, location and design of landscaping and
screening.
(c)
A tabular summary of percentage of
site devoted to buildings, open space, streets and parking areas,
and total floor area of all residential and nonresidential structures.
(d)
Plan showing proposed generalized
parking arrangements.
(e)
Architectural sketches of typical
proposed structures and typical landscaping and screening areas.
(f)
A plan or report indicating the extent,
timing and estimate costs of all off-site improvements such as roads,
sewer and drainage facilities necessary to the construction of the
planned development. Such plan or report shall relate to the sequence
of development.
(g)
A report or plan showing the adequacy
of public facilities and services such as water, sewer drainage, streets
and roads to serve the proposed development.
(h)
General plan for sedimentation and
erosion control and stormwater management.
(3)
Upon approval of the preliminary plan, the applicant shall submit the final plans displaying the requirements identified in § 115-221, Final site plan requirements.
(4)
To further the intent of the district
to provide an integrated master plan setting for uses in the Planned
Commercial Development District, the development shall be designed
in accordance with the following:
(a)
Designed as an integrated and comprehensively
planned area and using a common parking area, shared ingress and egress,
pedestrian walkways, open space, stormwater management facilities
and water and wastewater utilities.
(b)
Internal access streets should be
provided to serve large scale retail uses. Individual access points
for individual uses onto an existing collector or arterial roadway
shall not be permitted. Interconnectivity with adjacent parcels shall
be required.
(c)
The landscaping plan provides a continuous
landscape pattern throughout the entire site. An overall landscape
plan for the entire site shall be provided that provides for this
continuity but also allows for flexibility as specific buildings and
accessory uses are located within the site.
(d)
To the maximum extent feasible, any
provision of utilities, including but not limited to water, wastewater,
storm drainage and stormwater management facilities shall be provided
in a coordinated fashion to address the ultimate needs of the entire
site.
A.
A building or land shall be used only for
the following purposes:
(1)
Agriculture-related uses.
(a)
Wholesale, retail, nurseries for
sale or products produced on site.
(5)
Manufacturing, assembling, processing.
(a)
Winery, brewery or distillery under
7,500 square feet.
(7)
Institutional, residence, care, confinement
and medical facilities.
(a)
Family child 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
child centers (13+ children).
(d)
Residential child care facilities
and day treatment programs.
(e)
Child placement 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)
Graduate care facility.
(m)
Surgical center.
(n)
Fitness/wellness center.
(o)
Museums, nonprofit art galleries.
(p)
Community centers.
(11)
Not grouped elsewhere.
(a)
Technology centers.
(b)
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.
(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.
Permitted accessory uses are as follows:
A.
Greenhouses, commercial.
B.
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:
[Amended 7-27-2021 by Ord. No. 2792]
|
Use
|
Minimum Area**
(square feet)
|
Maximum Area**
(square feet)
|
Width*
(feet)
|
Depth
(feet)
|
|---|---|---|---|---|
|
Permitted uses
|
7,500
|
—
|
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. 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
|
60
|
5
|
5
|
|
Multifamily-type structure
|
(See Table II, included at the end
of this chapter.)
| ||
C.
Maximum floor area requirement. Maximum
floor area requirements shall be as follows:
|
Use
|
Maximum Floor Area
(square feet)
|
|---|---|
|
Permitted uses
|
—
|
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
