[Amended 8-7-2006 by Ord. No. 0806-1]
A. 
Except as specified in the following subsections of this section, the height of a building or structure hereafter erected or altered in respect to height shall not exceed that given in the following table:
[Amended 7-16-2010 by Ord. No. 0710-02]
District
Height
(feet)
All residential districts and ER District
35,1,3 but not to exceed 2 1/2 floors or stories above grade
Commercial districts
Tier 1 uses
35,1,3 but not to exceed 2 1/2 floors or stories above grade
Tier 2 uses
42,2,4 but not to exceed 4 floors or stories above grade
Tier 3 uses
42,2,4 but not to exceed 4 floors or stories above grade
Notes:
1Functional chimneys may exceed the height limit if required by the building code, but only to the extent required by the building code.
2Heating, ventilation and cooling devices, which are to be enclosed so as to be obscured from view, elevator shafts, one stairway entry for maintenance access to the roof, chimneys and antennas shall not be included in calculating height.
3No roofs of less than 5/12 pitch shall be permitted above a height of 14 feet, including the roofs on dormers. Roof pitch shall start at a wall plate height of not more than 24 feet. No railings or roof decks shall be permitted where any part of the surface is above a height of 14 feet. All heights in this section shall be measured from a point where the center line of the building to be erected intersects with the center line of the street on which the building will front.
4A dome, spire, cupola, belfry, chimney or pinnacle serving as an architectural embellishment and not for occupancy or storage may be erected to a height in excess of that authorized in this subsection for the district in which the building concerned is located, provided that the aggregate of the bases of all such structures does not exceed 10% of the building's ground floor area. The total height of a building with such embellishments shall not exceed 50 feet.
B. 
In all commercial districts, for any building or structure not required to have a setback of at least 10 feet, all portions or floors thereof which face any street or the Boardwalk, except Rehoboth Avenue, shall, beginning not higher than 14 feet vertically above the setback line or lines for the lot or lots involved, be constructed or placed to the rear of an angled stepback line which slants away from the street, streets or boardwalk at an angle of not less than 30° in magnitude from a vertical line above the setback line or lines, with the vertex of such angle fixed at a point not higher than 14 feet above the setback line or lines. The stepback line of buildings or structures facing Rehoboth Avenue shall begin at 24 feet.
[Amended 11-20-2009 by Ord. No. 1109-01]
[Amended 1-10-1997 by Ord. No. 197-2; 5-16-2005 by Ord. No. 0505-01; 8-7-2006 by Ord. No. 0806-01; 7-17-2015 by Ord. No. 0715-01; 3-19-2021 by Ord. No. 0321-02; 2-21-2025 by Ord. No. 0225-01]
A. 
Natural area.
(1) 
In R-1(S), R-1 and R-2 Districts, a minimum of 50% of the gross lot area and 50% of the front yard setback area of every building lot shall remain as natural area as defined in § 270-4.
B. 
Floor area ratio.
(1) 
In the R-1(S) District, the floor area ratio (FAR) for the residence structure combined with the accessory structures, if any, shall not exceed 0.50. In R-1 and R-2 Districts, the FAR for the residence structure combined with the accessory structures, if any, shall not exceed 0.60 for the first 5,000 square feet of gross lot area, and 0.30 for any additional gross lot area, or for properties incorporating an accessory swimming pool 0.50 for the first 5,000 square feet of gross lot area and 0.25 for any additional gross lot area.
(a) 
The first 250 square feet of an open front porch shall be excluded from the gross floor area, provided that such porch is on the street side of the building, at the first-floor level, roofed, one floor with no living space or deck above the porch, meets the definition of open porch in § 270-4, and is not heated or air-conditioned. Any square footage in excess of 250 square feet shall be included in the gross floor area.
(b) 
A maximum of 1,000 square feet of a basement may be excluded from the gross floor area of a residence structure subject to the following conditions:
[1] 
The vertical measurement from the basement floor to the bottom of the first-floor floor joists must not exceed eight feet.
[2] 
The bottom of the first-floor floor joists must not be at a height of more than three feet. The measurement should be taken from a point where the center line of the building to be erected intersects with the center line of the street on which the building will front.
[3] 
FAR for the remainder of the residence structure combined with the accessory structures, if any, does not exceed 0.50 for the first 5,000 square feet of gross lot area and 0.30 for any additional gross lot area, or for properties incorporating an accessory swimming pool 0.40 for the first 5,000 square feet of gross lot area and 0.25 for any additional gross lot area.
(c) 
The area of any attic shall not be included in the gross floor area if access is limited to fold-away stairs or other nonpermanent means of access.
(d) 
Any basement existing on August 7, 2006, regardless of ceiling height, shall not be included in gross floor area to the extent it remains an unfinished area used only for mechanical, plumbing and electrical equipment, laundry machines, storage and the like; and provided further that the bottom of the first-floor floor joists shall not be at a height of more than four feet as measured from a point where the center line of the building intersects with the center line of the street on which the building fronts.
(e) 
Any nonhabitable basement existing on February 21, 2025, with a ceiling height of less than six feet eight inches, shall not be included in gross floor area to the extent i) it is used only for mechanical, plumbing and electrical equipment, laundry machines, or storage; and ii) no additional walls or finish materials, including but not limited to drywall, flooring, trim, doors, electrical upgrades and plumbing fixtures, are added, except as required for regular maintenance or pursuant to Chapter 102, Building Construction.
[1] 
A dwelling incorporating a nonhabitable basement with a ceiling height of less than six feet eight inches which was existing on February 21, 2025, is a legal nonconforming structure.
[2] 
A dwelling incorporating a nonhabitable basement with a ceiling height of less than six feet eight inches under an active and valid building permit issued by the City on or prior to May 15, 2025, shall be permitted as a legal nonconforming structure.
[3] 
Any addition, reconstruction, alteration, repair or demolition to a dwelling incorporating a nonhabitable basement with a ceiling height of less than six feet eight inches shall be subject to the provisions of Article VI of this chapter.
(2) 
In no case shall the gross floor area of a dwelling in the R-1(S) District exceed 6,000 square feet.
(3) 
In no case shall the gross floor area of a dwelling in the R-1 District exceed 4,500 square feet.
(4) 
In no case shall the gross floor area of a dwelling unit in the R-2 District exceed 4,500 square feet.
(5) 
In all commercial districts, the floor area ratio (FAR) for all buildings or structures shall not exceed 2.0; however, total floor area ratio (FAR) devoted to Tier 1 uses shall not exceed 0.60. For all mixed-use buildings (i.e., residential uses and commercial uses), the average of the gross floor area of all residential floors shall not exceed 50% of the gross lot area and the gross floor area of any one residential floor shall not exceed 75% of the gross lot area.
(a) 
Any one commercial floor in a mixed-use building in a commercial district may include one residential unit, used in conjunction with a hotel, motel or inn. Such unit shall not exceed 10% of the gross floor area of said floor with the maximum of 1,000 square feet.
(b) 
Any one residential floor in a building in a commercial district used, in whole or in part, as a hotel, motel or inn may include meeting rooms for use as convention facilities. To the extent that the aggregate gross floor area of these meeting rooms does not exceed 25% of the gross lot area or 5,000 square feet, whichever is less, such area exclusively devoted to meeting rooms and no other purpose will not be counted in calculating the fifty-percent maximum lot coverage in Subsections C(2) and B(5). In no case shall the floor area ratio (FAR) of 2.0 be exceeded. The meeting rooms as permitted in this section shall contain no food preparation areas or areas devoted to the dispensing of alcoholic beverages.
(c) 
In all commercial districts, underground parking areas shall be excluded from the gross floor area.
C. 
Lot coverage.
(1) 
In all residential districts, the maximum lot coverage shall not exceed that given in the following table:
District
Maximum Lot Coverage
(percent)
Maximum Area of Accessory Structures (if any)
(percent)
R-1(S)
35%
10%
R-1 and R-2
40%
10%
(2) 
In all commercial districts, the maximum lot coverage shall not exceed that given in the following table:
Use
Maximum Lot Coverage
(percent)
Permitted residential uses
50%
Mid-rise apartment and garden apartment
50%
Hotel, motel, inn
50%
All other commercial uses
100% of net lot area
Underground parking
100% of gross area, provided that no parts of the parking structure, except accessways, are above sidewalk level or above the undisturbed ground level of adjacent properties
D. 
In the ER District, the maximum lot coverage, the maximum floor area ratio (FAR) and minimum natural area shall be as given in the following table where the gross lot area for educational facilities and permitted conditional uses shall be the area of the entire parcel of land, and the gross lot area for residential uses shall be the area of the residential parcel only.
Use
Maximum Lot Coverage
(percent)
Maximum Floor Area Ratio
Minimum Natural Area
(percent)
Education facilities and conditional uses
5%
0.10
70%
Residential uses
50%
0.60
40%
A. 
No new lot shall be created nor shall any existing lot be changed in size or shape unless each new or changed lot:
[Amended 5-15-2006 by Ord. No. 0506-01; 2-20-2007 by Ord. No. 0207-01]
(1) 
Has at least 50 feet of frontage on a street; except between Hickman Street and the southern boundary of the City, a residentially zoned lot which is the easternmost lot and has its easternmost lot line parallel with the Atlantic Ocean is not required to have such street frontage, provided that:
(a) 
The lot line parallel to the ocean shall be at least 50 feet.
(b) 
There shall be a recorded easement, a minimum of 12 feet in width and no more than 50 feet in length, on and over the adjacent residential lot(s), that connects the lot to a public street. This easement shall provide vehicular and utility access to the lot and shall be kept free of obstructions of any nature at all times to provide access for emergency vehicles and personnel.
(c) 
The required easement shall, at the time a structure is built on the lot, be paved with a hard surface at least eight feet in width.
(d) 
For the purpose of complying with § 270-21A(1), the paved area of any easement required by this section, but not less than an area eight feet by the length of the easement, shall be excluded from the available natural area on any lot on and over which such easement exists.
(e) 
Any residentially zoned lot between Hickman Street and the southern boundary of the City, which is the easternmost lot and has its easternmost lot line parallel with the Atlantic Ocean, for the purposes of compliance with the dimensional requirements of this chapter, shall be considered to front to the east and height shall be measured from the closest point on the boardwalk. Any such lot that also abuts a street shall be treated as a corner lot.
(2) 
Has a minimum area of 5,000 square feet.
(3) 
Can fully contain within it a rectangle of at least 4,000 square feet in area and with its shortest side measuring at least 48 feet.
B. 
Except as provided for in Subsection C of this section, and subject to the requirements of § 270-23 as to lot area per dwelling, the minimum dimensions of a lot shall be as given in the following table:
[Amended 7-16-2010 by Ord. No. 0710-02]
District and Use
Minimum Lot Area
Minimum Lot Width
(feet)
R-1(S)
34,500 sq. ft.
75
R-1 R-2
5,000 sq. ft.
50
Single-family detached and other uses permitted in R-1
5,000 sq. ft.
50
Single-family semidetached
5,000 sq. ft.
50
Two-family dwelling
5,000 sq. ft.
50
Single-family attached
5,000 sq. ft.
50
Garage apartment
5,000 sq. ft.
50
Garden apartment
10,000 sq. ft.
100
Commercial Districts
All uses permitted in Residential Districts except:
Garage apartments
5,000 sq. ft.
50
Garden apartments
10,000 sq. ft.
100
Mid-rise apartment
10,000 sq. ft.
100
Hotel, motel or inn
10,000 sq. ft.
100
All other commercial uses over 35 feet in height
5,000 sq. ft.
50
All other commercial uses
5,000 sq. ft.
50
ER (educational facilities)
24 acres
500
ER (residentail parcel)
Single-family detached
5,000 sq. ft.
50
Two-family dwelling
5,000 sq. ft.
50
Single-family semidetached
5,000 sq. ft.
50
Garage apartment
5,000 sq. ft.
50
Apartment
5,000 sq. ft.
50
Garden apartment
10,000 sq. ft.
100
C. 
In the case of a lot with a building on it at the date of adoption of this chapter but with an area or width of lot less than prescribed in Subsection A of this section for the district in which it is located, such building may be altered, provided that the same use is maintained, or a new building may be erected thereon, provided that it complies with all other provisions of this chapter.
D. 
D. In all residential districts and the ER District, no new lot shall be created nor shall any existing lot be changed in size or shape unless every newly created or changed side lot line of each new or changed lot which abuts the side of another lot shall exactly coincide with the side lot line of the adjoining lot, such that adjacent rear lot lines are continuous.
[Added 11-19-2007 by Ord. No. 1107-01; amended 7-16-2010 by Ord. No. 0710-02]
[Amended 4-23-2001 by Ord. No. 0401-2; 8-4-2003 by Ord. No. 0803-01; 5-16-2005 by Ord. No. 0505-01; 7-16-2010 by Ord. No. 0710-02]
The minimum number of square feet per dwelling or dwelling unit shall be given in the following table:
District and Use
Minimum Lot Area Per Dwelling or Dwelling Unit
(square feet)
R-1(S), including accessory structures used as dwellings or dwelling units
34,500
R-1, including accessory structures used as dwellings or dwelling units
5,000
R-2 uses permitted in R-1, including accessory structures used as dwellings or dwelling units
5,000
Single-family semidetached
5,000
Two-family dwelling
5,000
Single-family attached
5,000
Apartment
5,000
Garden apartment
5,000
Garage apartment
5,000
Commercial Districts
Single-family detached
5,000
Single-family semidetached
5,000
Two-family dwelling
5,000
Single-family attached
5,000
Apartment
5,000
Garden apartment
5,000
Garage apartment
5,000
Mid-rise apartment
5,000
Tourist, rooming house or boardinghouse
800
Hotel, motel, inn
300
All other commercial uses
Not applicable
ER (residential parcel only)
Single-familty detached
5,000
Two-family dwelling
5,000
Single-family semidetached
5,000
Single-family attached
5,000
Garden apartment
5,000
Garage apartment
5,000
Apartment
5,000
[Amended 8-7-2006 by Ord. No. 0806-1; 7-16-2010 by Ord. No. 0710-02]
Each story or part of a building shall be set back from the street line so as not to project beyond the building setback line prescribed in the following table:
District and Use
Minimum Building Setback Line
(feet)
R-1(S)
75
R-1
151,2
R-2
10
Commercial
Tier 1 uses
103
Tier 2 uses
None
Tier 3 uses
None
ER
Educational facilities
75
Residential parcel
10
Notes:
1An open front porch of any size that meets the requirements of § 270-21(B)(1) may encroach up to five feet into the front yard setback area.
2For a building built on a corner lot, the side that faces the street which is not the front shall have a minimum building setback line of 10 feet. This setback shall substitute for one of the two required side yards.
3Tier 1 uses within a mixed-use structure shall meet the required setback.
[Amended 8-7-2006 by Ord. No. 0806-1]
A. 
A rear yard shall be provided on every lot, the minimum depth of which shall be as prescribed in the following table:
[Amended 7-16-2010 by Ord. No. 0710-02; 7-17-2015 by Ord. No. 0715-01]
District and Use
Minimum Depth of Rear Yard
(feet)
R-1(S)
50
R-1
15
R-2
15
Commercial
Tier 1 uses
101
Tier 2 uses
None
Tier 3 uses
None
ER
Educational facilities
75
Residential parcel
10
Notes:
1Tier 1 uses within a mixed-use structure shall provide the required rear yard.
B. 
Where the boundary line dividing a commercial and residential district is a rear property line, there shall be a rear yard on the lot in the commercial district of at least five feet. The rear yard of the lot in the commercial district shall be bounded by a screen in order to shield or obscure the lot from those in the abutting residential district.
A. 
Two side yards shall be provided on every lot as prescribed in the following table:
[Amended 8-7-2006 by Ord. No. 0806-1; 7-16-2010 by Ord. No. 0710-02; 1-17-2014 by Ord. No. 0114-01; 5-16-2014 by Ord. No. 0514-01; 12-15-2017 by Ord. No. 1217-01]
District and Use
Minimum Width of Each Side Yard
(feet)
Minimum Aggregate Total of Both Side Yards
(feet)
R-1(S)
25
50
R-1
6
162
R-2
Uses in R-1
6
162
Single-family semidetached
10
20
Two-family dwelling
10
20
Single-family attached
10
20
All other uses
10
20
Commercial
Uses in R-1
6
16
All other Tier 1 uses
101
201
Tier 2 uses
None
None
Tier 3 uses
None
None
ER
Educational facilities
75
150
Residential parcel
10
20
Notes:
1
Tier 1 Uses within a mixed-use structure shall provide the required side yards.
2
When the width of a lot exceeds 52.5 feet and the lot area exceeds 5,250 square feet, the "minimum aggregate total of both side yards" shall be the product of multiplying the applicable minimum aggregate total of both side yards by the lesser of:
(1)
The quotient obtained by dividing the width of the lot in feet by 50; or
(2)
The quotient obtained by dividing the area of the lot in square feet by 5,000.
Where for the purposes of this section the width of a lot is defined as:
(1)
The perpendicular distance between the two side lot lines when these lot lines are parallel; or
(1)
When the two side lot lines are not parallel, the length of the street line between the points where these lot lines intersect the street line at the front of the lot.
In the case of a corner lot, one side lot line shall be interpreted as the street line of the intersecting street.
In the case of a corner lot where the right-of-way lines of the intersecting streets are joined by an arc, the point of measurement is the point at which the extension of the two right-of-way lines intersect.
B. 
Where the boundary line dividing a commercial and a residential district is a side property line, there shall be a side yard on the lot in the commercial district of at least five feet. The side yard of the lot in the commercial district shall be bounded by a screen in order to shield or obscure the lot from those in the abutting residential district.
In C-1, C-2 and C-3 Districts all refuse storage areas and refuse containers shall be screened from public view with an acceptable screen material, including wood, lattice, fine-mesh fencing, plantings or other suitable material erected in conformance to all building[1] and zoning codes. Said screened refuse storage areas and refuse containers shall not be located within setback areas.
[1]
Editor's Note: See Ch. 102, Building Construction.
[Added 12-20-2019 by Ord. No. 1219-01; amended 4-16-2021 by Ord. No. 0421-01; 11-21-2025 by Ord. No. 1125-01]
Notwithstanding the provisions of Article VIII of this chapter, the Building Inspector may administratively grant a building setback variance, side yard variance, or rear yard variance that does not exceed one foot of the building setback, side yard, and rear yard requirements. Any variance that would result in the placement of a structure at a location that is more than 12 inches from the building setback, side yard setback, or rear yard setback shall not be approved administratively. Any building setback variance, side yard setback variance, or rear yard setback variance that would create or increase a separate nonconformity shall not be approved administratively.
A. 
Applicability. Administrative variances may only be granted for existing structures located in the Special Single-Family Residence District [R-1(S)], the Single-Family Residence District (R-1), or the General Residence District (R-2).
B. 
Applications for an administrative variance shall be submitted in paper form and in digital format acceptable to the City, shall include a survey signed and sealed by a surveyor licensed in the State of Delaware, a brief written statement of the administrative variance requested, and an application fee established in the City Schedule of Fees and Penalties.[2]
[2]
Editor's Note: The City Schedule of Fees and Penalties is on file in the City offices.
C. 
The Building Inspector shall provide written notice by a certified mailing of the administrative variance application to adjacent property owners and accept written comments for 30 working days from the date of mailing. If any adjacent property owner objects to the administrative variance, the Building Inspector shall refer the application to the Board of Adjustment, and the administrative variance application fee shall be credited to the Board of Adjustment application fee.
D. 
Within 45 working days after the administrative variance application is submitted and accepted, the Building Inspector may approve or deny the administrative variance through a written decision. The decision of the Building Inspector shall be governed by the exceptional practical difficulty standard applicable to the Board of Adjustment for area variance determinations.
[1]
Editor’s Note: Former § 270-28, Limitation on size of restaurants, as amended, was repealed 10-21-2016 by Ord. No. 1016-01.