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Town of Delmar, MD
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Title I Joint Planning and Zoning Regulations of the Towns of Delmar, Maryland, and Delmar, Delaware
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Chapter 10 Planning and Zoning Regulations
Chapter 10
Planning and Zoning Regulations
[HISTORY: Prepared by the Planning and Zoning Commission of the Town of Delmar; adopted
9-14-2015
by
Ord. No. 730
(MD) and
9-8-2015
by
Ord. No. 165
(DE). Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A, Summary of Lot Area Requirements
Attachment 2 - Appendix B, Zoning Maps
Attachment 3 - Appendix C, Site Plan Review Checklists
Article I
Introduction
§ 10-1
Authority, adoption and when effective.
§ 10-2
Purpose.
Article II
Terminology; Zoning Districts
§ 10-3
Word usage.
§ 10-4
Definitions.
§ 10-5
Districts established.
Article III
General Provisions
§ 10-6
Commission review and approval.
§ 10-7
Principal building or structure.
§ 10-8
Reduction in lot area.
§ 10-9
Accessory buildings.
§ 10-10
Street access.
§ 10-11
Interference with pedestrians or vehicular traffic.
§ 10-12
Vision clearance at corners.
§ 10-13
Utility location.
§ 10-14
Residential fences and walls.
§ 10-15
Commercial fences.
§ 10-16
Beautification mounds.
§ 10-17
Permanent and temporary structures.
§ 10-18
Trailers; tents; motor homes; boats.
§ 10-19
Dumpsters.
§ 10-20
Nonconforming uses and structures permitted.
§ 10-21
Conflict with other laws.
§ 10-22
Interpretation of district boundaries.
§ 10-23
Firefighter emergency access.
§ 10-24
Restoration or removal of damaged or destroyed structures.
§ 10-25
Landscape maintenance.
§ 10-26
Waste containers for businesses and multifamily buildings.
§ 10-27
Stormwater management pond maintenance.
Article IV
Residential R-1 District
§ 10-28
Uses permitted inherently.
§ 10-29
Uses permitted by special exception.
§ 10-30
Accessory uses and structures.
§ 10-31
Area requirements.
§ 10-32
Building coverage of residential lots.
§ 10-33
Parking requirements.
§ 10-34
Street standards.
§ 10-35
Open space.
§ 10-36
Site plan review.
Article V
Residential R-2 District
§ 10-37
Uses permitted inherently.
§ 10-38
Uses permitted by special exception.
§ 10-39
Accessory uses and structures.
§ 10-40
Area requirements.
§ 10-41
Building coverage of residential lots.
§ 10-42
Parking requirements.
§ 10-43
Street standards.
§ 10-44
Open space.
§ 10-45
Site plan review.
Article VI
Mobile Home Residential R-3 District
§ 10-46
Purpose of district.
§ 10-47
Uses permitted inherently.
§ 10-48
Uses permitted by special exception.
§ 10-49
Accessory uses and structures.
§ 10-50
Area requirements.
§ 10-51
Mobile home maintenance.
§ 10-52
Mobile home park license.
§ 10-53
Open space requirements.
§ 10-54
Streets, walks, parking, lighting and stands.
§ 10-55
Water supply.
§ 10-56
Fire protection.
§ 10-57
Miscellaneous park management responsibilities.
§ 10-58
Responsibilities of park occupants.
§ 10-59
Enforcement.
§ 10-60
Revocation of license.
§ 10-61
Site plan review.
Article VII
Residential R-4 District
§ 10-62
Purpose of district.
§ 10-63
Uses permitted inherently.
§ 10-64
Uses permitted by special exception.
§ 10-65
Accessory uses and structures.
§ 10-66
Area requirements.
§ 10-67
Parking requirements.
§ 10-68
Open space requirements.
§ 10-69
Access and circulation.
§ 10-70
Site plan review.
Article VIII
Central Business District
§ 10-71
Purpose of district.
§ 10-72
Uses permitted inherently.
§ 10-73
Uses permitted by special exception.
§ 10-74
Area requirements.
§ 10-75
Parking requirements.
§ 10-76
Sign requirements.
Article IX
Office and Service District
§ 10-77
Purpose of district.
§ 10-78
Uses permitted inherently.
§ 10-79
Uses permitted by special exception.
§ 10-80
Area requirements.
§ 10-81
Parking requirements.
§ 10-82
Sign requirements.
§ 10-83
Site plan review.
Article X
Community Business District
§ 10-84
Purpose of district.
§ 10-85
Uses permitted inherently.
§ 10-86
Uses permitted by special exception.
§ 10-87
Area requirements.
§ 10-88
Parking requirements.
§ 10-89
Sign requirements.
§ 10-90
Site plan review.
Article XI
Highway/Regional Commercial District
§ 10-91
Purpose of district.
§ 10-92
Uses permitted inherently.
§ 10-93
Uses permitted by special exception.
§ 10-94
Area requirements.
§ 10-95
Parking requirements.
§ 10-96
Sign requirements.
§ 10-97
Exterior lighting.
§ 10-98
Landscaping and screening.
§ 10-99
Site plan review.
Article XII
Light Industrial District
§ 10-100
Purpose of district.
§ 10-101
Uses permitted inherently.
§ 10-102
Uses permitted by special exception.
§ 10-103
Area requirements.
§ 10-104
Parking requirements.
§ 10-105
Sign requirements.
§ 10-106
Site plan review.
Article XIII
Industrial District
§ 10-107
Purpose of district.
§ 10-108
Uses permitted inherently.
§ 10-109
Uses permitted by special exception.
§ 10-110
Area requirements.
§ 10-111
Parking requirements.
§ 10-112
Sign requirements.
§ 10-113
Matters for Commission review.
§ 10-114
Site plan review.
Article XIV
Apartment Standards
§ 10-115
Purpose of standards.
§ 10-116
Procedures and restrictions.
§ 10-117
Design standards and restrictions.
§ 10-118
Setbacks.
§ 10-119
Lot coverage and area consumption.
§ 10-120
Open space.
§ 10-121
Parking.
§ 10-122
Lighting.
§ 10-123
Density or height increases permitted by special exception.
Article XV
Townhouse Development
§ 10-124
Purpose and intent.
§ 10-125
Area requirements.
§ 10-126
Yards.
§ 10-127
Minimum lot frontage at front building line.
§ 10-128
Building height limit.
§ 10-129
Roads.
§ 10-130
Off-street parking requirements.
§ 10-131
Application, review and site plan approval.
§ 10-132
Open space.
§ 10-133
Site plan review.
Article XVI
Cluster Developments
§ 10-134
Purpose of regulations.
§ 10-135
Procedures.
§ 10-136
Design standards and restrictions.
Article XVII
Shopping Center Standards
§ 10-137
Purpose of standards.
§ 10-138
General standards.
§ 10-139
Permitted uses.
§ 10-140
Prohibited uses.
§ 10-141
Building area coverage.
§ 10-142
Customer parking.
§ 10-143
Loading space.
§ 10-144
Paving and illumination.
§ 10-145
Screening.
§ 10-146
Signs.
§ 10-147
Site plan review.
Article XVIII
Essential Utility Services
§ 10-148
Intent.
§ 10-149
Uses permitted.
§ 10-150
Area requirements.
§ 10-151
Setback requirements.
§ 10-152
Landscaping.
Article XIX
Animals in Residential Districts
§ 10-153
Intent.
§ 10-154
Domestic pets permitted.
§ 10-155
Uses prohibited.
§ 10-156
Animal quarters.
Article XX
Storage of Recreational Equipment
§ 10-157
Storage or parking restricted to rear yard.
§ 10-158
Distance from lot lines.
§ 10-159
Restrictions on use.
Article XXI
Fences and View Obstructions
§ 10-160
Fence heights.
§ 10-161
Swimming pool safety devices.
§ 10-162
Excavation.
§ 10-163
Obstruction of view at intersection.
Article XXII
Off-Street Parking, Loading and Unloading
§ 10-164
Purpose of standards.
§ 10-165
Off-street parking.
§ 10-166
Off-street loading and unloading requirements.
Article XXIII
Street and Sidewalk Standards
§ 10-167
Applicability; technical details.
§ 10-168
Street standards.
§ 10-169
Sidewalk standards.
§ 10-170
Additional requirements.
Article XXIV
Signs
§ 10-171
Definitions.
§ 10-172
Sign standards and restrictions.
§ 10-173
General provisions and restrictions.
§ 10-174
Signs requiring approval from code and compliance officer.
§ 10-175
Signs requiring approval from Mayor and Council or Commissioners.
§ 10-176
Signs permitted in all districts.
§ 10-177
Outdoor advertising structures.
§ 10-178
Nonresidential zoning districts.
§ 10-179
Nonconforming signs.
§ 10-180
Permit.
§ 10-181
Permit and fee exemptions.
Article XXV
Subdivisions
§ 10-182
Policy.
§ 10-183
Applicability.
§ 10-184
Exceptions.
§ 10-185
Existing subdivisions.
§ 10-186
General requirements; minimum design standards.
§ 10-187
Required improvements.
Article XXVI
Development Plans
§ 10-188
Purpose.
§ 10-189
Development plans.
§ 10-190
When required.
§ 10-191
Procedure.
§ 10-192
Preliminary site plan requirements.
§ 10-193
Final site plan consideration.
§ 10-194
General requirements; minimum design standards.
§ 10-195
Prior approval requirements.
§ 10-196
Post-approval requirements.
Article XXVII
Inclusionary Housing Zoning
§ 10-197
Provision of affordable housing.
Article XXVIII
Adult Uses
§ 10-198
Minimum standards.
Article XXIX
Administration
§ 10-199
Purpose.
§ 10-200
Building permit application process.
Article XXX
Appeal of Administrative Decisions
§ 10-201
Right of appeal; procedure.
Article XXXI
Boards of Adjustments and Zoning Appeals
§ 10-202
Requirement to notify Commission.
§ 10-203
Maryland Board of Zoning Appeals.
§ 10-204
Delaware Board of Adjustments.
Article XXXII
Special Exceptions
§ 10-205
Required findings.
§ 10-206
Burden of proof.
Article XXXIII
Right of Appeal from Board
§ 10-207
Appeal petition.
§ 10-208
Liability for costs.
Article XXXIV
Amendments
§ 10-209
Amendment procedure.
§ 10-210
Review of amendment.
§ 10-211
Reapplication for amendment.
Article XXXV
Severability; Remedies; Enforcement
§ 10-212
Severability.
§ 10-213
Remedies.
§ 10-214
Violations and penalties.
