The regulations set forth in this
article qualify or supplement the district regulations appearing elsewhere
in this chapter.
Where more than 25% of the total
floor area of any building in a commercial district is used for dwelling
purposes in a building which may also contain nonresidential uses,
the minimum height, area and bulk requirements for residential development
applicable in the district in which such building is located shall
apply subject to the side yard modification for mixed uses contained
elsewhere in this article. Where 25% or less of the total floor area
of such building is used for dwelling purposes, the building shall
be subject to the height, area and bulk requirements applicable to
nonresidential buildings in the district.
A.
Except within an area defined as an airport
approach zone by the Federal Aviation Administration, the height limitations
of this chapter shall not apply to:
[Amended 10-31-1995 by Ord. No. 1062]
|
Chimneys
| |
|
Church belfries and spires
| |
|
Conveyors
| |
|
Cooling towers
| |
|
Elevator towers
| |
|
Fire towers
| |
|
Flagpoles
| |
|
Private and/or commercial radio and
television towers, 150 feet and less
| |
|
Public monuments
| |
|
Silos and corn driers
| |
|
Smokestacks
| |
|
Stage towers and scenery lofts
| |
|
Tanks
| |
|
Transmission lines and their supporting
elements
| |
|
Water towers and standpipes
| |
|
Windmills 100 feet and less
|
B.
Except within an area defined as an airport
approach zone by the Federal Aviation Administration, buildings owned
by a political subdivision of the State of Delaware, the federal government
or any agency thereof, hospitals, institutions or schools, when permitted
in a district, may be erected to a height not exceeding 60 feet and
churches and temples may be erected to a height not exceeding 75 feet
when the required side and rear yards are each increased by at least
one foot for each one foot of additional building height above the
height regulations for the district in which the building is located.
[Amended 5-6-2014 by Ord. No. 2347[1]]
[1]
Editor's Note: This ordinance also stated
that it would not apply to any structures or buildings exceeding 42
feet that had a valid building permit issued by Sussex County prior
to its adoption.
C.
Notwithstanding any other provisions of
this chapter, no structure of more than one story in height, no subdivision
or manufactured home park and no place of public assembly shall be
erected or located within any area shown on the Official Zoning Map
as an airport approach zone.
[Amended 10-12-2010 by Ord. No. 2152]
A.
If the deed or instrument under which an
owner acquired title to a lot was of record prior to the application
of any zoning regulations and restrictions to the premises and if
such lot does not conform to the requirements of such regulations
and restrictions as to width of lots and lot area per family, the
provisions of such lot area per family and lot width regulations and
restrictions shall not prevent the owner of such lot from making improvements
on the lot.
[Amended 3-25-1997 by Ord. No. 1131]
B.
Requirements for lot area per family do
not apply to dormitories, fraternities, sororities and other similar
living quarters which are accessory to a permitted use and which have
no cooking facilities in individual rooms or apartments.
C.
In a C-1, CR-1, B-2, B-3, C-2, C-3, or
C-4 District, an M District and a UB District, the requirements of
lot area per family do not apply to rental units in a hotel, motel
or motor lodge, tourist home or rooms in a rooming, boarding- or lodging
house.
[Amended 2-27-2018 by Ord. No. 2550]
D.
One room of a detached single-family dwelling
or detached single-family manufactured home may be rented separately
without any additional requirement of lot area per family.
[Amended 3-25-1997 by Ord. No. 1131; 10-12-2010 by Ord. No.
2152]
A.
Where these regulations refer to side streets,
the Director shall be guided by the pattern of development in the
vicinity of the lot in question in determining which of two (2) streets
is the side street.
B.
Every part of a required yard shall be
open to the sky, except as authorized by this article and except ordinary
projections of sills, belt courses, chimneys, cornices and ornamental
features which may project to a distance not to exceed 24 inches into
a required yard. Window air-conditioning units may project a distance
not to exceed 36 inches.
C.
D.
Easements and rights-of-way.
(1)
In any part of the county where an HR District
is allowed, the developer, as a condition to the issue of zoning permits
and the rezoning, shall dedicate the area adjacent to natural bodies
of water to public use and shall grant an easement to said areas.
An applicant for rezoning to HR shall include in his application the
necessary documents to carry out these requirements.
(2)
The area adjacent to a natural body of
water reserved for public use shall be from the low-water mark to
an established dune line, where one exists, shall be no less than
300 feet from the low-water mark and shall be totally free of any
structure of the applicant/developer.
(3)
The right-of-way and easement to the dedicated
area adjacent to a natural body of water shall be 50 feet in width.
Said right-of-way and easement shall extend from the nearest county
or state road to the dedicated area. These fifty-foot parcels shall
be required so as to conform to a Master Land Use Plan approved by
the County Council. Where two applicants request zoning for adjacent
tracts, they may meet these requirements by joint dedication.
(4)
Land so dedicated for public use shall
not affect the residential-unit-per-acre ratio of an HR District and
will be included in the total area for computing the number of allowable
units in a townhouse or multifamily development.
E.
Administrative variances.
[Added 9-25-2012 by Ord. No. 2278]
(1)
Notwithstanding the provisions of Article XXVII of this chapter, the Director of Planning and Zoning may administratively grant a yard setback or building separation variance that does not exceed one foot of the yard setback or building separation requirements.
(2)
There shall be a fee of $50 to request
an administrative variance. If the applicant has to eventually submit
an application to Board of Adjustment, the applicant shall receive
a credit of $50 towards the Board of Adjustment application fee. The
applicant shall submit a survey signed and sealed by a surveyor licensed
in the State of Delaware to the Director of Planning and Zoning in
order to be considered for an administrative variance.
(3)
The Director of Planning and Zoning
shall give written notice to adjacent property owners of the requested
administrative variance and accept written statements for 10 working
days from the date of mailing.
(4)
The Director of Planning and Zoning
shall be governed by all the procedures, standards and limitations
of this chapter applicable to the Board of Adjustment in granting
variances, except the public hearing.
(5)
Within 30 working days after the
administrative variance application is submitted and accepted, the
Director of Planning and Zoning may approve the administrative variance
or advise the applicant requesting the administrative variance that
an application must be submitted to the Board of Adjustment. If any
objection is received, the Director shall refer the application to
the Board of Adjustment.
(6)
This administrative variance process
shall not be applicable to manufactured home parks.
(7)
Notwithstanding the process outlined in Subsection E(1) through (6) above, upon submission of a survey signed and sealed by a surveyor licensed in the State of Delaware and proof satisfactory to the Director or the Director's designee of a prior error of Sussex County in administration of Chapter 115 of the Code of Sussex County, the Director or the Director's designee may administratively grant a yard setback or building separation variance. There shall not be any fee for this request, nor shall any notice to adjacent property owners be required.
[Added 3-20-2018 by Ord. No. 2559]
A.
On through lots, the required front yard
shall be provided on each street.
B.
There shall be a front yard of at least
15 feet on the side street of a corner lot in any district.
C.
On a street or road with existing buildings
having a front yard setback that is less than that required in the
district, any building may have a front yard setback that is equal
to the average setback of those existing buildings located on the
same side of the street or road and being with 300 feet of the building.
Any vacant lot shall be calculated as having the required setback
for the district. No front yard setback reduced pursuant to this subsection
shall be reduced to less than five feet. The provision of this subsection
shall not apply to any lot in a cluster subdivision, Coastal Area
cluster subdivision or residential planned community.
[Amended 3-20-2018 by Ord. No. 2557; 5-21-2019 by Ord. No. 2656]
D.
Open unenclosed decks, porches, platforms
or steps not covered by a roof or canopy and which do not extend above
the level of the first floor of the building may extend or project
into the front yard not more than five feet. This provision does not
apply to manufactured home parks or campgrounds.
[Added 11-29-1989 by Ord. No. 639; amended 2-1-2005 by Ord. No. 1748; 10-12-2010 by Ord. No. 2152]
A.
Where a building in a commercial district is subject to the height, area and bulk requirements applicable to residential development under § 115-178 of this article, the side yard requirements for residential development shall be applied only to the lowest floor (and all floors above it) which contains more than 25% of its area used for dwelling. All floors shall be subject to side yards required by these regulations for commercial buildings adjacent to residential districts.
B.
For the purpose of the side yard regulations,
a group of business or industrial buildings separated by common or
party walls shall be considered as one building occupying one lot.
C.
Open unenclosed decks, porches, platforms
or steps not covered by a roof or canopy and which do not extend above
the first floor of the building may be constructed in a side or rear
yard no closer than five feet from a side lot line and five feet from
a rear lot line. This provision does not apply to manufactured home
parks or campgrounds.
[Amended 11-28-1989 by Ord. No. 639; 2-1-2005 by Ord. No.
1748; 10-12-2010 by Ord. No. 2152; 3-20-2018 by Ord. No. 2562]
D.
For any existing approved lot that is less than 10,000 square feet in size, the side yard setbacks shall be reduced to five feet and the rear yard setback shall be reduced by five feet. For any lot with side or rear setbacks reduced by operation of this § 115-183D, no structures shall extend or project closer than five feet from the lot line. The provision of this subsection shall not apply to any lot in a cluster subdivision, Coastal Area cluster subdivision or residential planned community.
[Added 3-20-2018 by Ord. No. 2557; amended 5-21-2019 by Ord. No. 2656]
E.
On all
through lots, the yard opposite from the street serving as the street
address of the lot shall function as the rear yard. Except for fences,
walls or other similar means of enclosure not more than seven feet
in height, no buildings or structures shall be located within a distance
of 15 feet from the street line of the rear yard of a through lot.
[Added 10-17-2023 by Ord. No. 2956]
No sign, fence or wall extending
to a height in excess of three feet above the established street grade
shall be erected or maintained with the area of a corner lot that
is included between the lines of the intersecting streets and a straight
line connecting them at points 25 feet distant from the intersection
of the street lines.
A.
Except as herein provided, no accessory
building shall project beyond a required yard line along any street.
B.
Filling station pumps and pump islands
may occupy the required yards; provided, however, that they are not
less than 20 feet from street lines.
C.
Any fence or wall for residential use,
not more than 3 1/2 feet in height, may project into or enclose
any required front or side yard to a depth from the street line equal
to the required depth of the front yard. Any fence, hedge or wall
for residential use may project into or enclose other required yards,
provided that such fences, hedges and walls do not exceed a height
of seven feet. This height limit does not apply to fences or walls
used for commercial, industrial or agricultural uses, screening or
tennis courts. Every such fence must be approved by the Director.
D.
Accessory swimming pools, open and unenclosed,
may occupy a required rear or side yard, provided that they are not
located closer than 10 feet to an interior side lot line or six feet
to a rear lot line. A walk space at least three feet wide shall be
provided between pool walls and protective fences or barrier walls.
Every swimming pool shall be protected by a safety fence or barrier
at least four feet in height and constructed of chain-link, concrete,
stockade-wood or equal.
E.
Permitted accessory storage of a boat,
boat trailer or camp trailer shall not be conducted in a front yard.
F.
Accessory buildings which are not a part
of the main building may be constructed in a rear yard, provided that
such accessory building does not contain more than 600 square feet
of area, and may be located five feet from a side lot line and five
feet from a rear lot line.
A.
The following regulations shall apply to
accessory boathouses and boat slips in residential districts:
(1)
A boathouse may not be used as a dwelling,
guest house or servants' quarters, unless specifically permitted by
other sections of this chapter.
(2)
The height of a boathouse shall not exceed
25 feet above mean high water.
(3)
No boathouse shall exceed 25 feet in width
nor 50 feet in depth.
(4)
No boathouse shall be built beyond the
established bulkhead line or closer than 10 feet to a side lot line.
(5)
Boathouses and boat slips, together with
other accessory buildings, may occupy no more than 35% of a required
rear yard.
B.
The following regulations shall apply to
boat docks, piers and wharves, accessory or nonaccessory, in any district:
(1)
Projection of docks, wharves and piers
into waterways beyond the waterway line, lot lines or established
bulkhead lines or the placing of mooring piles or buoys shall be limited
by applicable county ordinances, state laws and applicable regulations
of the United States Army Corps of Engineers, and in no case shall
a dock, wharf, pier or pile project more than 10% of the width of
the waterway.
(2)
Groins, levees, bulkheads, piling, breakwaters
and other similar structures shall be erected and maintained in accordance
with applicable location and construction standards of the county,
the state and the United States Army Corps of Engineers.
[Amended 3-25-1997 by Ord. No. 1131; 10-12-2010 by Ord. No.
2152; 10-12-2010 by Ord. No. 2153]
The following regulations shall apply
to every manufactured home, except for manufactured home type structures
approved for use as construction and/or office trailers:
A.
It shall be designated exclusively for
single-family occupancy if used as a dwelling.
B.
The space between the unit and grade level
shall be fully enclosed with a perimeter enclosure wall. A perimeter
enclosure wall shall consist of either masonry material, vinyl, metal
or wood product, shall be installed in accordance with the manufacturer's
installation instructions. The perimeter enclosure wall shall be of
a type that will not support combustion. A perimeter enclosure wall
shall have a minimum of one opening providing access to any water
supply or wastewater connections under the home. Such openings shall
be a minimum of 18 inches in any dimension and not less than 3 square
feet in area. The access panel shall be fastened in such a manner
that a special tool to open or remove said panel is not required.
C.
It shall have a gross floor area, excluding
any additions not a part of the original manufactured unit, not less
than 450 square feet.
D.
It shall comply in all other respects with
the requirements for dwellings in the district in which it is located.
A.
Each dwelling unit of a multifamily dwelling must comply with the minimum-lot-area-per-dwelling-unit specification in the table of district regulations of Article XX.
B.
The dwelling units of a multifamily dwelling
may be held in separate ownership if separate utility systems are
provided.
C.
The dwelling units and individual lots
of a townhouse may be held in separate ownership if separate utility
systems are provided and if separate lots for all dwelling units in
a building are created at the same time and in conformance with the
Subdivision Ordinance.[1]
D.
The following regulations shall apply to
townhouses:
(1)
The average minimum lot area per dwelling
unit shall be 3,630 square feet, and no lot can be created with a
lot area of less than 1,600 square feet.
[Amended 5-10-1988 by Ord. No. 506]
(2)
Lot frontage, measured at the building
line, for individual dwelling units of a townhouse may be reduced
to not less than 16 feet.
(3)
For the purpose of the side yard regulations,
a townhouse building shall be considered as one building on one lot
with side yards of 20 feet. Any side yard adjacent to the line of
a lot in a single-family residential district shall not be less than
20 feet.
(4)
Depth of front and rear yards of a townhouse
must have an aggregate of not less than 40 feet. Distribution of the
required aggregate of the front and rear yards total will be subject
to site plan review. Any rear yard adjacent to the line of a lot in
a single-family residential district shall not be less than 20 feet.
(5)
Detached garages or carports shall not
be permitted except as shown on the approved site plan, with approval
shown for the same on site plan review.
(6)
Unless otherwise restricted by district
regulations, not more than eight dwelling units shall be included
in any one townhouse building, and the outside wall dimensions of
the townhouse building shall not exceed 170 feet in width measured
linearly from the outer edge of the townhouse building end units.
In the case of staggered dwellings within a single townhouse building,
the measurement shall be of the actual length of the entire townhouse
building.
[Amended 3-20-2018 by Ord. No. 2560]
(7)
Required off-street parking space per family
dwelling unit shall be provided on the lot of each dwelling unit or
within an on-site parking area within the common area, or a combination
of both, with approval subject to site plan review. Required off-street
parking space of two spaces per apartment shall be provided on the
premises of an apartment building.
[Amended 2-2-1999 by Ord. No. 1286; 5-2-2000 by Ord. No.
1371; 8-15-2006 by Ord. No. 1869]
E.
The following regulations shall apply to
multifamily dwellings:
(1)
No overall actual outside wall dimension
of a building shall exceed 170 feet. The measurement shall be of the
actual length of the entire multifamily building. Mixed-use buildings
that contain nonresidential uses shall not be subject to the outside
wall dimension requirement.
[Amended 3-20-2018 by Ord. No. 2560]
(2)
For the purpose of maintaining setback
between buildings on the same site, the distance between buildings
shall be 40 feet.
(3)
Accessory structures shall be subject to
site plan review.
[Amended 12-27-1983; 9-27-1988 by Ord. No. 540; 10-15-1991 by Ord. No. 795; 3-5-1992 by Ord. No.
818; 6-6-1995 by Ord. No. 1032; 9-9-1997 by Ord. No. 1174; 2-1-2005 by Ord. No. 1748; 10-12-2010 by Ord. No. 2152; 1-20-2015 by Ord. No. 2384]
A.
The purpose of this section is to assist
in the preservation and restoration of the primary coastal dune, thereby
contributing to the safety and welfare of the occupants of lands adjacent
to and landward thereof to provide for construction control and land
development measures for all new construction and substantial improvement
occurring within the flood-prone districts, to limit the visual obstruction
of beach and berm by structure erected thereon and to limit the encroachment
of shadow on the beach by structures located adjacent thereto.
B.
At locations where the primary dune exists
as a continuous and clearly defined natural coastal formation, the
center of the same shall, for purposes of this section, be the "dune
line." Where the primary dune as a natural coastal formation has ceased
to exist or only broken remnants remain, then the dune line shall
be as established by the Department of Natural Resources and Environmental
Control Beach Preservation Section or it successor.
C.
No primary dune material may be removed
or displaced, except that the driving of piling shall not be considered
displacement of dune material. No material from the berm or beach
may be moved or displaced prior to the completion of all buildings
and structures on a given lot.
D.
Townhouses and multifamily dwellings subject to the site plan review requirement of Article XXVIII located in the area lying eastward of the inland waterway from Roosevelt Inlet to the Maryland State line shall comply with the following additional requirements:
(1)
All buildings, parking areas and
unloading areas shall be a minimum of 30 feet landward from the dune
line. The additional yard requirement for buildings of more than three
stories shall be added thereto.
No certificate of compliance shall
be issued for lands zoned HR-1 or HR-2 located in areas designated
V through V-30, unless there is access to a designated sewer system,
whether or not public ownership is involved.
[Amended 5-6-2008 by Ord. No. 1968]
On lands which are zoned and used
for owner-occupied single-family purposes, the following requirements
shall exist with respect to the parking, storing or maintaining of
automotive vehicles of any type, including, but not limited to, cars,
trucks, vans, motor homes, recreational vehicles and trailers designed
and/or built to be towed behind an automotive vehicle and which are
all hereafter collectively referred to as "vehicles" and with respect
to the storing or maintaining of boats and other watercraft on the
ground, a cradle or on a trailer, and as to all of which, the following
requirements shall apply and be complied with:
A.
The purpose of this section is to eliminate the parking, storing or maintaining of those vehicles, boats and watercraft that are in violation of Subsections B and C, which tend to interfere with the enjoyment of, and/or reduce the value of private property, invite plundering, create visually unsightly conditions, create fire and/or pollution hazards and/or other safety and/or health hazards, to interfere with the well being of the public and/or to create, extend and/or aggravate blight.
B.
No more than a total of two automotive
vehicles, boats or other watercraft, which are either inoperable,
dismantled, wrecked, or which display registration plates (as to vehicles
for which they are required under state law) and/or registration stickers
(as to boats or watercraft for which they are required under state
law) which are at least 30 days expired or which do not display a
required current registration plate or sticker, or display a plate
or sticker not validly issued to that vehicle, boat or other watercraft,
or from which major components have been removed, or which are in
such a state of obvious disrepair as to be incapable, without repair,
of being operated in the manner for which they are designed, shall
be situated on any residentially zoned property other than in a completely
enclosed garage or other permitted accessory structure located on
the same lot or tax parcel the dwelling is located on.
[Added 5-6-2008 by Ord. No. 1968; amended 9-22-2020 by Ord. No. 2739]
The purpose of this section is to
prevent the accumulation of refuse, rubbish, trash, inoperable appliances,
tires or waste material so as to create an unsightly condition and/or
a nuisance detrimental to the use or value of adjoining properties
and/or to create a potential fire or safety hazard that could endanger
the safety of the owner, possessor or other persons. To the extent
the accumulation of tires is not within the exclusive jurisdiction
of the State of Delaware and the Delaware Department of Natural Resources
and Environmental Control, the accumulation of tires shall be governed
hereunder. In that regard:
A.
No person, being the owner or possessor of improved or unimproved lands or premises that are not used for bona fide agricultural purposes as hereinafter defined in § 115-191.4 shall permit refuse, rubbish, trash, inoperable appliances, tires or other waste material to be placed or to accumulate upon such lands or premises. Tire accumulations in excess of 20 tires shall be considered a violation.
B.
For the purposes of this section:
(1)
"Waste material" does not include
materials accumulated in an orderly fashion for useful purposes, such
as firewood, compost piles and building materials in good condition,
topsoil and earthfill, except that the accumulation of such material
in a haphazard, disorderly or unsightly fashion shall be prima facie
evidence of waste and/or a nuisance and/or a detriment to the use
and/or value of adjoining property and/or to the health and/or safety
of other persons or themselves.
[Added 5-6-2008 by Ord. No. 1968; amended 9-22-2020 by Ord. No. 2739]
A.
No refuse, rubbish, trash, inoperable appliances,
tires or other waste materials shall be deposited by any person on
land or improved premises outside of any commercial establishment,
except that such refuse, rubbish, trash, inoperable appliances, tires
or other waste material shall be placed in a metal or heavy-duty rigid
plastic container having a secure lid that will prevent the spillage
of the contents or the opening of the container and spreading of the
contents by animals or rodents. The owner or possessor of such commercial
establishment, any officer of a corporation or other entity being
the owner or possessor of such land or improved premises or commercial
establishment and any agent having the management thereof whose employee
or agent violates the provisions of this section shall be deemed to
be in violation of the provisions of this Code.
B.
The County, in addition to other remedies provided by County law, may apply to the Court of Chancery for injunctive relief against the owner or possessor of such land or improved premises to prevent, enjoin or abate any continuing violation of the provisions of § 115-191 or any of its subsections and shall be awarded reasonable attorney's fees and costs of the action.
[Added 9-22-2020 by Ord. No. 2739[1]]
[Added 5-6-2008 by Ord. No. 1968; amended 9-22-2020 by Ord. No. 2739]
Section 115-191.3 shall not apply to:
A.
An antique car, as defined by Title 21,
Delaware Code, § 2196, or parts for an antique car, provided
the antique car or parts thereof are housed in a building consisting
of four sides and a roof, the construction of which was approved by
the County and said car is not visible from any location on the street,
road or highway that is closest to the property or from an adjoining
property.
B.
Vehicles, boats or other watercraft which
are not required to be licensed and registered pursuant to Delaware
law.
C.
Properties, buildings, or structures located
within any incorporated city or town in Sussex County unless the responsibility
for the local code enforcement has been duly transferred to Sussex
County.
D.
Land deemed to be actively devoted to agricultural,
horticultural, or forestry as defined in 9 Del. C. § 8333.
E.
Any structure that is not subject to regulation
pursuant to 9 Del. C. § 6902(b).
F.
State parks and wildlife areas.
[Added 5-6-2008 by Ord. No. 1968]
No County license, building permit, building code approval or the approval of a subdivision, rezoning, conditional use, variance, special exception or other form of County approval shall be issued by any County employee for properties found to be in violation of these requirements until such time as the Director determines that all violations have been corrected and that all penalties, fines, attorney's fees and costs imposed as a result of a violation of § 115-191 or any of its subsections have been paid in full to the County.
[Added 8-27-1985 by Ord. No. 293]
In any residential district, a private
tennis court for the exclusive private use of the residents of dwellings
located on the same lot and their guests shall be permitted, provided
that the following requirements shall be complied with:
A.
A wall, fence or shrubbery shall be erected
or planted so as to substantially screen such tennis court from view
from adjoining residences.
B.
All outdoor lighting shall be located,
shielded, landscaped or otherwise buffered so that no direct light
shall constitute an intrusion into any adjoining residential area.
C.
The tennis court shall not, at any point,
be closer than 50 feet to any adjoining residential property line,
nor closer than 100 feet to any existing single-family dwelling.
D.
The tennis court shall not, at any point,
be closer than 25 feet to publicly owned land or land in a nonresidential
district.
E.
Such lot on which the private tennis court
is located shall have a minimum area of one-half (1/2) acre.
[Added 7-19-1988 by Ord. No. 521; amended 7-2-1991 by Ord. No.
774; 5-17-2022 by Ord. No. 2852]
A.
Resource buffer widths and markers.
(1)
Resource buffer widths shall be established
in accordance with Table 1, with Zone A being closest to the resource.
(2)
Resource buffers are not required
landward/adjacent to those portions of resources to be filled or developed
with a valid U.S. Army Corps of Engineers or Delaware Department of
Natural resources and Environmental Control permit.
(3)
No resource buffer shall overlay
a tax ditch or tax ditch right-of-way. If a proposed development contains
a tax ditch, with a right-of-way of less than the total resource buffer
width, then that area of the resource buffer outside of the right-of-way
shall be designated as Zone B.
(4)
The upland edge of all resource buffers
shall be clearly marked with permanent in-ground markers and signage
located at 100-foot intervals. Such signage shall be at least five
inches by seven inches in size.
|
Table 1
Resource Buffer Widths
| |||
|---|---|---|---|
|
Resource Type
(See definitions, § 115-4B)
|
Full Buffer Width
(feet)
|
Zone A
(feet)
|
Zone B
(feet)
|
|
Tidal waters
|
100
|
50
|
50
|
|
Tidal wetlands
|
100
|
50
|
50
|
|
Perennial nontidal rivers and streams
|
50
|
25
|
25
|
|
Nontidal wetlands
|
30
|
15
|
15
|
|
Intermittent streams
|
30
|
15
|
15
|
|
Ephemeral streams
|
0
|
0
|
0
|
B.
Resource buffer width averaging.
(1)
Resource buffer width averaging may
be utilized but only within resources buffers adjacent to the same
resource to adjust the required Zone B resource buffer width thereby
allowing flexibility for the proposed development, so long as the
overall square footage of the Zone B resource buffer is maintained.
(2)
Criteria for utilizing resource buffer
width averaging:
(a)
Resource buffer width averaging is
not available for Zone A.
(b)
The overall square footage of the Zone B resource buffer must be achieved within the boundaries of the proposed development unless a resource buffer option permitted under Subsection G is utilized.
(c)
Resource buffer width averaging may
be used on all of the Zone B resource buffers within the boundaries
of the proposed development.
(d)
Zone B resource buffer averaging shall not be expanded more than double the width of the Zone B resource buffer as referenced in § 115-193A.
(e)
The overall square footage of the
Zone B resource buffer must be calculated based upon the entire length
of the resource border line that is located within the boundaries
of the proposed development.
(f)
The Zone B resource buffer averaging
shall only occur within the resource buffer adjacent to the same resource.
C.
Permitted activities. Activities in Zones
A and B shall be permitted or not permitted as set forth in the following
table. Uses not specifically identified shall be prohibited, unless
the contrary is clear from the context of the table, as determined
by the Commission.
|
Table 2
Resource Buffer Activities by Zone
| |||
|---|---|---|---|
|
Activity
|
Zone A
|
Zone B
| |
|
1.
|
Impacts to resource buffers resulting
from state and/or federally permitted disturbances to resources (wetlands/waters),
such as maintenance of resources and resource buffers, utilities,
roads, bridges, docks, piers, boat ramps, bulkheads, shoreline stabilization,
and resources authorized to be filled or disturbed for development
|
Permitted
|
Permitted
|
|
2.
|
Water-related facilities and ancillary
uses required to support water-dependent projects approved by a federal
or state permit, including but not limited to: marinas, wharfs, community
docking facilities, boat ramps, and canoe/kayak launches
|
Permitted
|
Permitted
|
|
3.
|
Repair or maintenance of existing
infrastructure or utilities, including roads, bridges, culverts, water
lines, and sanitary sewer lines
|
Permitted
|
Permitted
|
|
4.
|
Temporary impacts resulting from
installation of utilities by trenching methods which are part of state
or federally approved utility installation projects or the installation
of utilities by directional boring methods
|
Permitted
|
Permitted
|
|
5.
|
Stormwater management conveyances
as approved by the Sussex Conservation District
|
Permitted
|
Permitted
|
|
6.
|
Tax ditch maintenance as approved
by DNREC drainage program
|
Permitted
|
Permitted
|
|
7.
|
Maintenance or repair of drainage
conveyances not within a tax ditch right-of-way as approved by the
Sussex County Engineering Department or Sussex Conservation District
|
Permitted
|
Permitted
|
|
8.
|
Structural crossings of resources,
such as bridges or boardwalks, which may not require a state or federal
permit
|
Permitted
|
Permitted
|
|
9.
|
Maintenance or modification of previously
existing structures and improvements within existing footprint
|
Permitted
|
Permitted
|
|
10.
|
State or federally approved wetland
restoration, creation, and enhancement projects
|
Permitted
|
Permitted
|
|
11.
|
State or federally approved floodplain
restoration, or resource restoration projects involving the maintenance,
repair, restoration, creation, or enhancement of resources and their
resource buffers
|
Permitted
|
Permitted
|
|
12.
|
Soil erosion and sediment control
measures as approved by Sussex Conservation District
|
Permitted
|
Permitted
|
|
13.
|
Forest management activities conducted
under the guidance and direction of a licensed forester, arborist,
landscape architect, or qualified resource buffer professional
|
Permitted
|
Permitted
|
|
14.
|
Invasive species control (plant,
insect, animal) conducted in accordance with state and federal law
|
Permitted
|
Permitted
|
|
15.
|
Planting/establishment of noninvasive
native species (as listed by DNREC)
|
Permitted
|
Permitted
|
|
16.
|
Installation, repair, maintenance,
and removal of wells (potable, monitoring, injection as approved by
state/federal agencies)
|
Permitted
|
Permitted
|
|
17.
|
Walking trails where any impervious
area runoff is managed under a Sussex Conservation District permit
that are generally perpendicular to a resource for the purpose of
providing access to the resource or a permitted activity within the
resource buffer
|
Permitted
|
Permitted
|
|
18.
|
Extended detention dry and wet stormwater
management ponds
|
Not permitted
|
Not permitted
|
|
19.
|
Removal of any dead, dying, damaged,
or unstable live tree from a resource or resource buffer which presents
an imminent danger to property or public safety
|
Permitted
|
Permitted
|
|
20.
|
Stormwater management water quality
BMPs as approved by the Sussex Conservation District
|
Permitted
(limited to 10% of total square footage
of Zone A in a proposed development)
|
Permitted
|
|
21.
|
Sewage disposal facilities
|
Not permitted
|
Not permitted
|
|
22.
|
Storage of hazardous materials and
siting of industrial sites, landfills, or junkyards
|
Not permitted
|
Not permitted
|
|
23.
|
Swimming pools, community clubhouses,
and all non-water-dependent or non-water-related improvements not
specifically permitted under this section
|
Not permitted
|
Not permitted
|
|
24.
|
Walking trails running by and with
a resource (i.e., generally parallel to the resource) where any impervious
area runoff is managed under a Sussex Conservation District permit
|
Not permitted
|
Permitted
|
D.
Resource buffer standards.
(1)
All existing (i.e., at the time of
application) conditions, including the vegetative land features, and
the proposed conditions within the proposed resource buffer shall
be identified on the preliminary site plan.
(2)
If a proposed development contains
a resource, then the associated resource buffer shall conform to the
following criteria based on vegetative features existing at the time
of preliminary site plan submission:
(a)
Established natural forests and nonforest
meadows predominated by noninvasive species shall be retained.
[1]
Forest. Subject to § 115-193C, all existing trees and understory constituting a proposed resource buffer shall be preserved and maintained in their natural state. Invasive species may be removed from the resource buffer.
[2]
Nonforest meadow. Subject to § 115-193C, all existing meadows constituting a proposed nonforested resource buffer that are composed of herbaceous and shrub species shall be preserved and maintained in their natural state. Nonforest meadow may also include old field areas with a mixture of herbaceous vegetation, shrubs and trees transitioning to a forested condition through natural succession. Invasive species may be removed from the resource buffer.
(b)
Grazed pasture, managed turf, active
cropland or areas of bare earth not stabilized with vegetative cover
shall be reestablished as natural forest or nonforest meadow prior
to determination of substantial completion of the proposed development
phase where that unstabilized area is located by planting of noninvasive
species or through the process of natural succession augmented with
invasive species control.
E.
Removal of invasive species. Invasive species
control shall be completed under the guidance and approval of a licensed
forester, ISA certified arborist, registered landscape architect,
or qualified resource buffer professional.
F.
Maintenance of drainage conveyances.
(1)
All resource buffers identified on
a final site plan shall be designated as a drainage and access easement
permitting access by any future owners' association, federal, state
or local agency and the public for the limited purpose of maintenance
or monitoring of drainage capacity or conveyance by any future owners'
association, federal state or local agency, and the public. In addition,
a corresponding easement for access into each individual resource
buffer established on the site shall, whenever possible, be provided
from a public road or street within a proposed development.
(2)
If a resource buffer abuts or contains
features such as ephemeral, intermittent or perennial streams which
are not part of an established tax ditch and which convey drainage
from or through a site proposed for development, a drainage assessment
report shall be prepared by a registered Delaware professional engineer.
As part of the preapplication process, Sussex County will determine
the information to be included in the drainage assessment report.
At a minimum, the drainage assessment report shall identify the following
concerning measures needed for drainage conveyances:
(a)
Identification of any unstable or
eroding stream banks or conveyance requiring stabilization or restoration
measures.
(b)
The location of any stream blockages,
such as debris jams, fallen or unstable trees, beaver dams or similar
impediments to conveyance.
(c)
The location of any sand or gravel
deposition within a channel or conveyance which impedes the flow of
water produced by a storm having an annual probability of occurrence
of 10%.
(d)
A discussion of all recommended measures
to remedy any impediment to drainage conveyance or drainage stability.
(e)
A summary of required local, state
or federal permits required to remedy any impediment to drainage conveyance.
(f)
The easement width and a sufficient
number of easements to provide adequate access to the resource for
maintenance.
(3)
Remedies required by Sussex County
as a result of the drainage assessment report shall be shown on the
final site plan.
G.
Resource buffer options.
(1)
A proposed development shall be permitted to utilize the following options, consistent with § 115-193, Subsection B, Resource buffer width averaging, to incentivize the retention of forests, but only for those resource buffers adjacent to perennial nontidal rivers and streams, nontidal wetlands and intermittent streams:
(a)
When the preservation of a forest within the resource buffer that has been in existence for at least five years prior to the date of application, as identified by a licensed forester, arborist, landscape architect, or qualified resource buffer professional, is achieved, then a corresponding area reduction of either the resource buffer Zone B along the entire or part of that resource; or the forested and/or landscaped buffer required in Chapter 99 in areas adjacent to a residential subdivision, residential conditional use or residential planned community is permitted.
(b)
When the preservation of a natural forest connected to (but not within) a resource buffer in excess of the requirements listed in § 115-193A is achieved by adding the area to Zone B, then a corresponding area reduction of either nonforest resource buffer Zone B on the same resource, or forested and/or landscaped buffer required in Chapter 99 in areas adjacent to a residential subdivision, residential conditional use or residential planned community is permitted.
(c)
When the provision of resource buffer area in excess of the requirements listed in § 115-193A is achieved, then a corresponding area reduction of the forested and/or landscaped buffer required in Chapter 99 in areas adjacent to a residential subdivision, residential conditional use or residential planned community is permitted.
(2)
A proposed development shall be permitted
to utilize the following options to incentivize the retention or expansion
of resource buffers or provide additional functional benefit of resource
buffers forests, but only for those resource buffers adjacent to perennial
nontidal rivers and streams, nontidal wetlands and intermittent streams:
(a)
When creation of off-site resource
buffer is protected.
[1]
When the creation of an off-site resource buffer is protected under a perpetual conservation easement, then a 75% corresponding area reduction of the resource buffer Zone B on the same resource within the development is permitted. The upland line of that new off-site resource buffer and perpetual conservation easement shall be considered the edge of the resource for locating a resource buffer in the event that the off-site land is developed in the future. The perpetual conservation easement shall be for the benefit of a conservation organization approved by Sussex County, and it must be located within the same twelve-digit hydrologic unit code as defined by the United States Geological Survey as the proposed development. The area within this conservation easement shall adhere to the requirements of Subsection D herein and shall not be used for agricultural purposes.
[2]
When the creation of an off-site resource buffer for forest preservation is protected under a perpetual conservation easement, then a 125% corresponding area reduction of the resource buffer Zone B on the same resource within the development is permitted. The upland line of that new off-site resource buffer and perpetual conservation easement shall be considered the edge of the resource for locating a resource buffer in the event that the off-site land is developed in the future. The perpetual conservation easement shall be for the benefit of a conservation organization approved by Sussex County, and it must be located within the same twelve-digit hydrologic unit code as defined by the United States Geological Survey as the proposed development. The area within this conservation easement shall adhere to the requirements of Subsection D herein and shall not be used for agricultural purposes.
(b)
Funding, partially or entirely, an
off-site restoration project under the Sussex County Clean Water Enhancement
Program, subject to approval of the Sussex Conservation District,
with completion of the restoration by Sussex County prior to final
acceptance of the first phase of the proposed development by the Sussex
County Engineering Department in the same twelve-digit hydrologic
unit code as defined by the United States Geological Survey as the
proposed development with a corresponding resource buffer Zone B reduction
equal to the resource buffer area on that same resource created in
the off-site project.
(c)
Proposed development has preexisting
property boundary located in center of intermittent or perennial stream.
[1]
When a proposed development has a preexisting property boundary that is located in the center of an intermittent or perennial stream and the entire resource (including the off-site portion of it), including an off-site resource buffer Zone A, is protected under a perpetual conservation easement, then a corresponding area reduction of the resource buffer Zone B on the same resource within the development is permitted. The upland line of that new off-site resource buffer Zone A and perpetual conservation easement shall be considered the edge of the resource for locating a resource buffer in the event that the off-site land is developed in the future. The perpetual conservation easement shall be for the benefit of a conservation organization approved by Sussex County. The area within this conservation easement shall adhere to the requirements of Subsection D herein and shall not be used for agricultural purposes.
[2]
When a proposed development has a preexisting property boundary that is located in the center of an intermittent or perennial stream and the entire resource (including the off-site portion of it), including an off-site resource buffer Zone A in the form of a natural forest, is protected under a perpetual conservation easement, then a corresponding 125% area reduction of the resource buffer Zone B on the same resource within the development is permitted. The upland line of that new off-site resource buffer Zone A and perpetual conservation easement shall be considered the edge of the resource for locating a resource buffer in the event that the off-site land is developed in the future. The perpetual conservation easement shall be for the benefit of a conservation organization approved by Sussex County. The area within this conservation easement shall adhere to the requirements of Subsection D herein and shall not be used for agricultural purposes.
(3)
For purposes of this Subsection G, "forest" shall mean: A vegetative community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. Forest includes: 1) areas that have at least 100 trees per acre with at least 50% of those having a two-inch or greater diameter at 4.5 feet above the ground and larger; and 2) forest areas that have been cut but neither stumps were removed nor the land surface regraded.
H.
Resource and resource buffer maintenance
and management.
(1)
Resource and resource buffer management plan. Any proposed development where resource buffers are required shall submit a resource and resource buffer management plan, prepared by a qualified resource buffer management professional, that describes measures for maintaining or improving the resource and the resource buffer(s) on the site. The resource and resource buffer management plan shall be proffered as part of the supporting statement requirements of § 99-24, or at the time of preliminary site plan approval for any residential conditional use. The maintenance standards or management actions associated with the resource and resource buffer management plan shall be included as an obligation of the owners' association in the recorded declaration for any new development. The resource and resource buffer management plan shall describe how the resource buffer will be managed to maintain its functions and cite any measures to be implemented for the enhancement of resource buffers or their functions. It shall also include a narrative discussing the overall plan for access easements sufficient for expected short- and long-term maintenance and management needs.
(2)
Any perennial or intermittent stream
within a proposed development that does not exhibit a positive conveyance
(regardless of whether it is part of a tax ditch) shall be identified
by phase on the detailed grading plan as follows:
(a)
If the deficient perennial or intermittent
stream has adjacent nontidal wetlands, the applicant shall restore
the conveyance channel to a positive conveyance (i.e., the removal
of conveyance impediments) within the entire site prior to the issuance
of substantial completion of the final approved phase. This restoration
shall be in compliance with all applicable federal, state and County
requirements.
(b)
If the deficient perennial or intermittent
stream has no adjacent nontidal wetlands, the applicant shall restore
the conveyance channel to a positive conveyance (i.e., the removal
of conveyance impediments) within the entire site prior to the issuance
of substantial completion of the first approved phase. This restoration
shall be in compliance with all applicable federal, state and County
requirements.
I.
Modifications and exceptions.
(1)
The Planning and Zoning Commission
shall be authorized, as part of the site plan review process, to grant
preliminary or final site plan approval with modifications of, or
exceptions to, the foregoing requirements upon the submission of a
detailed and specific written request from the applicant with supporting
documentation from a qualified wetland resource professional or qualified
resource buffer management professional, but only upon the satisfaction
of all of the following conditions:
(a)
When the Commission finds that special
conditions or circumstances exist that are peculiar to the land or
structure and that a literal enforcement of a specific requirement
of this section would result in unwarranted hardship.
(b)
That the modification or exception
request is not based upon conditions or circumstances which are the
result of actions by the applicant, nor does the request arise from
any condition relating to land or building use, either permitted or
nonconforming, on any neighboring property.
(c)
That the granting of a modification
or exception will not adversely affect the functions of the resource
or its resource buffer as set forth in the definition of that term.
Waivers shall be in harmony with the general spirit and intent of
this section and any subsequent regulations.
(d)
That the basis for the modification or exception cannot be achieved through resource buffer width averaging as provided by § 115-193B.
(e)
That in no event shall there be a
modification or exception to the width requirements of Zone A.
(2)
The date of any modification or exception
by the Commission shall be noted on the final site plan.
J.
These requirements shall only apply to subdivisions governed by Chapter 99, residential planned communities and uses identified in § 115-219A(1) and (2).
K.
Violations and penalties. The owner of
the land and any person or corporation who shall violate any provisions
of this section shall be subject to the following penalties. Separate
violations or a series of violations may be combined to determine
the total area where the violation occurred.
(1)
A fine of $10,000 per quarter acre
of disturbance or part thereof shall be imposed; and
(2)
Resource buffer rehabilitation and
replanting in the area where the violation occurred, in accordance
with a mitigation plan approved by the Director that complies with
the following:
(a)
For every tree removed or destroyed
with a caliper of six inches or greater at breast height, there shall
be at least three replacement trees planted within the buffer area.
(b)
The replacement trees shall be a
native species.
(c)
The quality and size of the replacement
trees shall be at least two inches caliper at breast height. Any tree
that was removed or destroyed shall be replaced through the mitigation
plan at a ratio of at least one inch per caliper at breast height
for each inch of caliper removed. The property owner and/or party
who violates this section shall be responsible for the health and
survival of the replacement trees, including regular necessary watering,
for a minimum of two years and shall replace any trees that die within
two years of planting.
(d)
The replanting design shown within
the mitigation plan shall provide adequate space for root and crown
development; and
(3)
No building or zoning permits shall
be issued nor shall any inspections occur within the phase where the
violation occurred (including, but not limited to building code and
utility inspections) until the buffer rehabilitation is complete and
approved by the Director.
[Added 4-4-1989 by Ord. No. 575]
A.
CENTRAL SEWER SYSTEM
CONSERVATION ZONE
MEAN HIGH-WATER LINE OF TIDAL WATER
Definitions. As used in this section, the
following terms shall have the meanings indicated:
Centralized treatment facilities which provide a high-quality
effluent using natural systems, such as land application, or mechanical
systems, such as trickling filters, and does not mean community on-site
systems having a septic or aerobic tank with a drain field.
An area of land extending landward from the mean high-water
line of tidal water bodies where it is necessary to establish increased
lot size requirements for parcels proposing individual on-site sewage
(septic) systems and individual on-site wells.
The average height of all high-tide water recorded over a-nineteen-year
period, as defined by the National Oceanic and Atmospheric Administration
tidal data.
B.
A one-thousand-foot conservation zone is
hereby established in the land area encompassed within the Coastal
Sussex Land Use Plan of March 1988, and within the Western Sussex
Land Use Plan of December 1990, being landward from the mean high-water
line or adjacent floodplains of tidal water bodies, rivers or their
major tributaries, whichever is greater, with the following provisions:
[Amended 10-20-1992 by Ord. No. 861]
(1)
Any lot created after the adoption of this
section shall contain a minimum square area of one acre and a minimum
lot width of 150 feet unless central water and sewer are provided.
(2)
Any lot created after the adoption of this
section shall have a minimum frontage along any tidal water body,
river or their major tributaries of 150 feet.
C.
Variances to the provisions of this section
will be considered by the Board of Adjustment under the following
conditions:
(1)
That findings are made by the Board of
Adjustment which demonstrate that special conditions or circumstances
exist that are peculiar to the land within the county and that a literal
enforcement of provisions within the conservation zone, as designated
by this section would result in unwarranted hardship.
(2)
That the variance request is not based
upon conditions or circumstances which are a result of actions by
the applicant, nor does the request arise from any condition relating
to the land use, either permitted or nonconforming, on any neighboring
property.
(3)
That the granting of a variance will not
adversely affect water quality or adversely impact the tidal water
bodies adjacent to the conservation zone. Variances will be in harmony
with the general spirit and intent of the section and any subsequent
regulations.
(4)
That applications for a variance will be
made, in writing, to the Board of Adjustment on forms provided by
the county, with a copy to the County Administrator.
D.
Any parcel of land which is the subject
of a presently accepted application to the County Planning and Zoning
Commission or has received a preliminary site plan approval shall
be exempt from the provisions of this section.
[Added 1-30-1996 by Ord. No. 1072; amended 8-3-2004 by Ord. No. 1711
A.
Purpose. The Combined Highway Corridor Overlay Zoning District - (CHCOZ District) is hereby established to provide for the continued and efficient use of existing roadways and Emergency Evacuation Routes, to preserve and enhance the aesthetic and visual character of land uses contiguous to those roadways and to provide for orderly development in Sussex County. The requirements and guidelines contained in the chapter are to encourage a positive visual experience of development of lands along the corridors and provide safe access and turning movements for vehicular and pedestrian traffic, especially during an emergency evacuation. Development within the CHCOZ District shall conform to the minimum standards in this chapter; provided, however, that variances to the provisions of this section will be considered by the Board of Adjustment, as permitted pursuant to Article XXVII, Board of Adjustment.
B.
C.
Permitted uses.
(1)
The overlay zone.
(a)
The CHCOZ District establishes procedures,
guidelines and standards in which development and access should occur.
The overlay zone is established to promote orderly development within
the underlying zoning district. Uses permitted within the CHCOZ District
will be those permitted by the underlying zoning category, except
as modified by this section of the Zoning Ordinance.
(b)
Uses prohibited in the underlying
zone are also prohibited in the overlay zone.
(2)
The underlying zone.
(a)
Established development densities
in underlying zoning districts shall be maintained; however buffer
and building setbacks will be required in the CHCOZ District.
(3)
Exemptions from the requirements
of the CHCOZ District include:
D.
Permitted accessory uses.
E.
Minimum buffer and setback requirements.
(1)
For the purposes of this section, a "buffer" is defined as the area landscaped with native vegetative species, as provided for in Subsection E(6) below, between the road right-of-way line of the relevant corridor and the edge of paving and/or area of disturbance. The buffer is a part of and is included in the required setback.
(2)
A "building setback" is defined as
the minimum distance from the road right-of-way line of the relevant
corridor to the nearest building edge. For purposes of this section
of the Zoning Ordinance, the setback shall be measured as described
in Table 1, Note 7, in the General Table of Height, Area and Bulk
Requirements.[1]
[1]
Editor's Note: Table I is included at the end of this chapter.
(3)
Setbacks and buffers will be required
for all developments in the CHCOZ District in accordance with the
following table:
[Amended 6-19-2012 by Ord. No. 2263; 2-27-2018 by Ord. No. 2550]
|
District
|
Setback
(feet)
|
Buffer
(feet)
|
|---|---|---|
|
AR-1 Agricultural Residential
|
40
|
20
|
|
AR-2 Agricultural Residential
|
40
|
20
|
|
MR Medium Density Residential
|
40
|
20
|
|
GR General Residential
|
40
|
20
|
|
HR-1 High-Density Residential
|
60
|
20
|
|
HR-2 High Density Residential
|
60
|
20
|
|
B-1 Neighborhood Business
|
60
|
20
|
|
B-2 Business Community
|
60
|
20
|
|
B-3 Business Research
|
60
|
20
|
|
C-1 General Commercial
|
60
|
20
|
|
CR-1 Commercial Residential
|
60
|
20
|
|
C-2 Medium Commercial
|
60
|
20
|
|
C-3 Heavy Commercial
|
60
|
20
|
|
C-4 Planned Commercial
|
60
|
20
|
|
C-5 Service/Limited Manufacturing
|
60
|
20
|
|
I-1 Institutional
|
60
|
20
|
|
M Marine
|
60
|
20
|
|
LI-1 Limited Industrial
|
60
|
20
|
|
LI-2 Light Industrial
|
60
|
20
|
|
HI-1 Heavy Industrial
|
60
|
20
|
(4)
Permitted uses within the required
buffer include:
(a)
Driveway access.
(b)
Transit-oriented uses, including
bus stops and shelters.
(c)
Utility lines.
(d)
Pedestrian and bike paths.
(e)
Lighting fixtures.
(f)
Signs.
(g)
Clearing and grading for sight distance.
(h)
Benches and other streetscape furniture.
(i)
Water features, but not including
storm water management structures.
(j)
Pathways.
(5)
Permitted uses in the setback, outside
of the buffer, are those uses permitted in the underlying zone, including
but not limited to lawns, parking areas, driveways and stormwater
management structures.
(6)
Landscape requirements.
(a)
A landscape plan for the buffer and
the site shall be submitted and approved with each site plan. Buffers
shall retain existing native vegetated areas to the maximum extent
possible. In areas where vegetation does not exist, additional landscaping
shall be provided utilizing earth mounds and/or plant material. Landscape
plantings should be indigenous to local areas and should provide a
soft visual buffer between the roadway, the proposed development and
contiguous land uses.
(b)
For each 100 linear feet of buffer
yard required, the number of plantings required shall be not less
than 22. The plantings shall include, on average, a canopy forest
of at least 12 deciduous or evergreen/conifer trees and 10 shrubs.
The buffer yard shall be seeded with grass or planted with ivy unless
natural ground cover is established. In areas where a ten-foot paved
path is provided, the landscaping requirement can be reduced by 50%.
F.
Access standards from arterial roadways.
The intent of the CHCOZ District is to minimize the number of access
points and left turning movements along the designated corridor. Access
and circulation to the designated corridor shall comply with the following
standards:
(1)
Access from the designated corridor
shall be subject to the approval of the Delaware Department of Transportation.
(2)
Access drives and service roads should
be designed to minimize queuing of entering or exiting vehicles.
(3)
Shared driveways shall be used where
feasible.
(4)
Access driveways should accommodate
pedestrian traffic through the use of depressed curbs.
(5)
When properties are bound by two
or more roadways, access shall be obtained from the lower roadway
classification unless a traffic study, approved by DelDOT, determines
that the operation or safety of an adjacent intersection is degraded.
G.
Additional requirements.
(1)
The following improvements shall
be shown on the site plan:
(a)
Transit accommodations shall be provided
for sites containing structures of 75,000 gross square feet or greater,
at the discretion of the Planning and Zoning Commission and DelDOT.
(b)
Pedestrian movement must be accommodated
throughout the site to provide safe connections to transit stops,
parking areas and sidewalks.
(c)
Cross access easements and interconnections
shall be provided between adjoining sites for vehicular and pedestrian
traffic.
(d)
Service roads shall be provided where
required by DelDOT.
[Added 4-24-2001 by Ord. No. 1445]
A.
Any new freestanding commercial communications
tower or antenna or monopole in any residential district requires
a minimum lot size of one acre and shall require a special use exception.
In nonresidential districts, no minimum lot size shall be required
nor shall a special use exception be required, except that if any
new freestanding commercial communications tower or antenna or monopole
is to be erected within 500 feet of any residentially zoned lot, improved
or which can be improved with a residential dwelling unit, a special
use exception shall be required.
B.
Collocation of telecommunications equipment
on existing freestanding towers, antennas, monopoles, buildings, water
towers/tanks and other similar structures shall be permitted without
special use exception, subject to site plan review by the Planning
and Zoning Commission.
C.
All applicants for special use exceptions
shall submit a site plan and appropriate documentation demonstrating
compliance with the applicable conditions listed in this section.
D.
The applicant shall submit to the Board
of Adjustment documentation showing that existing structures within
a two-mile radius of the proposed location are not available for collocation.
Any application for a new commercial communications tower or antenna
or monopole shall include documentation substantiating the need for
such tower at the proposed location.
E.
All new towers or antennas or monopoles
shall be designed to accommodate at least two additional PCS/cellular
platforms.
F.
All new freestanding towers or antennas
or monopoles shall be set back from adjoining property lines by a
minimum of 1/3 the height of the tower, antenna or monopole.
G.
Pad sites, ground equipment structures
and guy wires shall be surrounded by a minimum six-foot tall fence.
H.
All towers, antennas, or monopoles shall
have warning lights. Such lights shall be placed every 50 feet of
elevation. The tower, antenna or monopole shall meet all applicable
requirements of the Federal Communications Commission and the Federal
Aviation Administration.
I.
Any tower, antenna or monopole that is
not operated for a continuous period of six months shall be considered
abandoned, and the owner of such tower or antenna or monopole shall
remove the same within 90 days of a receipt of notice from the county
notifying the owner of such abandonment. If such tower is not removed
within 90 days, the county may remove the tower or antenna or monopole
at the owner's expense.
J.
No signs shall be permitted on any commercial
antenna or towers or monopole. Any blinking or rotating lights thereon
shall be screened so as not to throw their light below the horizontal
plane upon which they are located, except as required by the Federal
Aviation Administration.
[Added 12-9-2003 by Ord. No. 1645]
A.
Delineation of the zoning district.
[Amended 5-21-2019 by Ord. No. 2656]
(1)
The Coastal Area shall include all
lands designated as the "Coastal Area" in the adopted Sussex County
Comprehensive Plan dated March 19, 2019, or as subsequently amended.
(2)
Where the boundary of the Coastal
Area is formed by a roadway, the overlay zone shall be deemed to include
the contiguous property on the far side of the roadway, provided that
depth of the Coastal Area on contiguous property shall not exceed
600 feet.
B.
Application process.
(1)
All rezoning, subdivision, business
and industrial site plans and conditional use applications involving
one or a combination of the following shall be subject to the process
and performance requirements as described hereinafter:
(2)
The applicant shall submit an environmental
assessment and public facility evaluation report and sketch plan (report)
to the Director of Planning and Zoning, a copy of which will be forwarded
to the Office of State Planning Coordination and members of the Technical
Advisory Committee for review and comment. The sketch plan shall address
the following issues for the property to be developed and, where appropriate
to the context, for the contiguous property. Information submitted
by the applicant shall at a minimum contain the following:
(a)
Proposed drainage design and the
effect on stormwater quality and quantity leaving the site, including
methods for reducing the amount of phosphorous and nitrogen in the
stormwater runoff and the control of any other pollutants such as
petroleum hydrocarbons or metals.
(b)
Proposed method of providing potable
and, where appropriate, irrigation water and the effect on public
or private water systems and groundwater, including an estimate of
average and peak demands.
(c)
Proposed means of wastewater treatment
and disposal with an analysis of the effect on the quality of groundwater
and surface waters, including alternative locations for on-site septic
systems.
(d)
Analysis of the increase in traffic
and the effect on the surrounding roadway system.
(e)
The presence of any endangered or
threatened species listed on federal or state registers and proposed
habitat protection areas.
(f)
The preservation and protection from
loss of any tidal or nontidal wetlands on the site.
(h)
A description of provisions for public
and private infrastructure.
(i)
Economic, recreational or other benefits.
(j)
The presence of any historic or cultural
resources that are listed on the National Register of Historic Places.
(k)
A description of how the proposed
application and proposed mitigation measures are in conformance with
the current Sussex County Comprehensive Plan.
[Amended 2-2-2021 by Ord. No. 2764]
(3)
The Director of Planning and Zoning
shall prepare (with input from the County Administrator) guidelines
describing the application process and the form and content of information
to be submitted by the applicant and shall review all applications,
plans, assessments and other information submitted and prepare a written
report summarizing his findings and the comments of state agencies
and other County offices. The Planning and Zoning Commission shall
make a determination as to whether adequate information has been presented
for the project to proceed. A completed report shall be required prior
to any preliminary plan approval for a development subject to this
section. Approval of the report does not constitute final approval
of the commenting agencies.
C.
Permitted uses and densities.
(1)
Uses permitted in the Coastal Area
will be those uses permitted in the underlying zoning category as
established by the Sussex County Zoning Ordinance.
[Amended 5-21-2019 by Ord. No. 2656]
(2)
Uses prohibited in the underlying
zone are also prohibited in the overlay zone.
(3)
The maximum density shall be the allowable density of the underlying zoning district for developments using a central water and wastewater collection and treatment system. "Central sewer system" means centralized treatment and disposal facilities as defined in § 115-194A. Within the Coastal Area, clustering of single-family detached lots to a minimum lot size of 7,500 square feet is permitted in all residential zoning districts using a central water and sewer system. For dwelling units using on-site individual wastewater disposal systems, the allowable density shall be based upon a minimum lot size of 3/4 of an acre. The applicant has the option of clustering the lots to a minimum lot size of 1/2 of an acre where soil conditions are suitable as determined by DNREC, provided, however, that the number of lots or dwelling units permitted shall not exceed the number permitted in the underlying district. For purposes of this subsection, the "allowable density" shall be determined by calculating the lot area and the area of land set aside for common open space or recreational use but shall exclude any area designated as a tidal tributary stream or tidal wetlands by § 115-193.
[Amended 12-4-2018 by Ord. No. 2618; 2-2-2021 by Ord. No. 2764]
(4)
For areas within the Conservation
Zone, as currently defined in the Sussex County Zoning Ordinance,
the minimum lot size and dimension requirements in the Conservation
Zone shall apply.
D.
Exemptions from the Coastal Area. The following
are exempted from the requirement of this section:
[Amended 5-21-2019 by Ord. No. 2656]
E.
Design consideration should be given by
the applicant toward the establishment of a greenways system which
utilizes schools, parks, wildlife habitat areas, river and stream
corridors, wetlands, floodplains, historic sites, business parks,
urban sidewalks, abandoned rail lines, roads, beach areas and vacant
land. Greenways should provide benefits like safe pedestrian, bicycling
and equestrian routes for recreationists and commuters; and natural
wildlife corridors and biological reserves.
[Added 9-13-2011 by Ord. No. 2213; amended 12-6-2011 by Ord. No.
2229]
A.
The following regulations shall apply to
a single wind turbine of less than 100 feet total height that is accessory
to a principal use on the same lot:
(1)
Only one wind turbine shall be allowed
per lot under this subsection.
(2)
Any wind turbine shall be set back
a minimum distance that is equal to the turbine height from each adjoining
property line. “Turbine height” means the height of the
tower plus the length of one blade.
(4)
The wind turbine shall comply with
the airport hazard zoning regulations.
(5)
Wind turbines shall be assembled,
installed and maintained in accordance with the manufacturer’s
instructions. The applicant shall submit an engineering certification
for the foundation and windmill structure in regards to the construction
of the wind turbine. A County inspector shall verify the construction
according to these specifications.
(6)
The owner of the wind turbine shall
completely remove all aboveground structures within 12 months after
the wind turbine is no longer used to generate electricity. The owner
shall provide proof of operation if requested by a County inspector.
(7)
A wind turbine that is not attached to a building shall not be climbable for at least the first 12 feet above the ground level, unless it is surrounded by a fence with a minimum height of six feet. Wind turbine(s) shall have appropriate lighting pursuant to § 115-194.2H.
(8)
As an alternative to the one wind
turbine allowed by the above subsections, a lot may include three
wind turbines if the total height to the tallest extended part of
each wind turbine above the surrounding ground level of each wind
turbine is not more than 50 feet. This subsection may allow wind turbines
that are either ground-mounted or roof-mounted.
(9)
All new electrical lines to wind
turbine(s) shall be placed underground, unless the wind turbine is
integrated with a building.
(10)
No advertising, signs or similar
decorative items that can be read from beyond the property line shall
be permitted on wind turbines and/or their supports.
(11)
If a new wind turbine is proposed
within 200 feet from a building listed on the National Register of
Historic Places, then a mix of native deciduous and evergreen trees
and shrubs shall be planted between the wind turbine and such building
to filter views of the wind turbine from the building.
B.
The following regulations shall apply to
one or more wind turbine(s) with a total turbine height of greater
than 100 feet but less than 200 feet or where two or more windmills
are proposed of less than 100 feet turbine height for nonresidential
uses:
(1)
Any wind turbine shall be set back
a minimum distance that is equal to the turbine height from each adjoining
property line. “Turbine height” means the height of the
tower plus the length of one blade.
(2)
The wind turbine(s) shall comply
with the airport hazard zoning regulations.
(3)
Wind turbine(s) shall be assembled,
installed and maintained in accordance with the manufacturer’s
instructions. The applicant shall submit an engineering certification
for the foundation and windmill structure in regards to the construction
of the wind turbine. A County inspector shall verify the construction
according to these specifications.
(4)
The owner of the wind turbine(s)
shall completely remove all aboveground structures within 12 months
after the wind turbine(s) is (are) no longer used to generate electricity.
The owner shall provide proof of operation if requested by a County
inspector.
(5)
A wind turbine that is not attached to a building shall not be climbable for at least the first 12 feet above the ground level, unless it is surrounded by a fence with a minimum height of six feet. Wind turbine(s) shall have appropriate lighting pursuant to § 115-194.2H.
(6)
There shall be a minimum lot area
of five acres.
(7)
This subsection shall limit the maximum
number of wind turbines that have a maximum total height including
the extended blade of more than 50 feet above the average surrounding
ground level. A maximum of one such wind turbine shall be allowed
for each five acres of lot area per parcel. If more than five such
wind turbines are proposed on a parcel, then a special use exception
shall be required from the Board of Adjustment.
(8)
Wind turbines allowed under this section shall meet the requirements of § 115-194.4A(9) through (11).
C.
The following regulations shall apply to
one or more wind turbine(s) with a total turbine height of 200 feet
or taller to be located in industrial zoning districts:
(1)
Any wind turbine shall be set back
a minimum distance that is equal to the turbine height from each adjoining
property line. “Turbine height” means the height of the
tower plus the length of one blade.
(2)
The owner of the wind turbine(s)
shall completely remove all aboveground structures within 12 months
after the wind turbine(s) is (are) no longer used to generate electricity.
The owner shall provide proof of operation if requested by a County
inspector.
(3)
A wind turbine(s) that is not attached to a building shall not be climbable for at least the first 12 feet above the ground level, unless it is surrounded by a fence with a minimum height of six feet. Wind turbine(s) shall have appropriate lighting pursuant to § 115-194.2H.
(4)
Accessory electrical facilities are
allowed, such as a transformer.
(5)
There shall be a minimum lot area
of five acres.
(6)
The wind turbine(s) shall comply
with the airport hazard zoning regulations.
(7)
Wind turbine(s) shall be assembled,
installed and maintained in accordance with the manufacturer’s
instructions. The applicant shall submit an engineering certification
for the foundation and windmill structure in regards to the construction
of the wind turbine. A County inspector shall verify the construction
according to these specifications.
(8)
The applicant shall submit a site
plan showing proposed driveways, wind turbines and wood areas proposed
to be cleared.
(9)
The applicant shall submit a professional
study to analyze the maximum A-weighted noise levels outside of the
nearest existing occupied dwellings and the total hours per year that
such dwellings will be subject to shadow flicker.
(10)
This subsection shall limit the maximum
number of wind turbines that have a maximum total height including
the extended blade of more than 50 feet above the average surrounding
ground level. A maximum of one such wind turbine shall be allowed
for each five acres of lot area per parcel. If more than five such
wind turbines are proposed on a parcel, then a special use exception
shall be required from the Board of Adjustment.
(11)
Wind turbines allowed under this section shall meet the requirements of § 115-194.4A(9) through (11).
[Added 7-18-2023 by Ord. No. 2938]
Community buildings, recreational facilities (including swimming
pools, game courts, play areas, tot lots, playgrounds, walking paths,
bike paths and multimodal paths) and the associated parking areas
shall be constructed and open to use by the residents of a development
on or before the issuance of the residential building permit representing
60% of the total residential building permits for the development.
[Added 4-25-2023 by Ord.
No. 2920]
[Added 5-14-2024 by Ord. No. 3016]
All marijuana establishments shall be subject to the following
requirements:
A.
No
retail marijuana store shall be located within three miles of any
municipal boundary.
B.
No
retail marijuana store shall be located within three miles of any
other retail marijuana store.
C.
No
retail marijuana store shall be located within three miles of any
church, school, college, or substance abuse treatment facility as
defined under 16 Del. C. § 2203.
D.
Retail
marijuana stores may only operate between the hours established for
them by Title 4 of the Delaware Code.
E.
Any approved and licensed marijuana establishment in existence as of the date of adoption of this section shall be considered a legal nonconforming use. Any licensed and approved preexisting legally nonconforming retail marijuana store shall be subject to the hours of operation set forth in Subsection D herein.
