A.
This chapter shall be known as the "Selbyville Zoning
Ordinance," and the Zoning Map hereto attached shall be known as the
"Selbyville Zoning Map."
B.
From and after the date of the final adoption of this
chapter, in the manner required by law, the use of all land and any
building or portion of a building erected, altered with respect to
size and area, added to or relocated, and every use within a building
or use accessory thereto, in any district, shall be in conformity
with the provisions of this chapter; provided, however, that the provisions
of this chapter shall not apply to the installation, construction
or erection of governmental buildings serving the public, including,
but not limited to, public educational institutions, fire stations,
post office or other public or semipublic offices or buildings, municipal
water tower, governmental office buildings, water storage tank, water
reservoir, water pumping station, water treatment plant, sewage treatment
plant, sewage lift stations and sewage pumping stations.
The zoning regulations and districts as herein
established are deemed necessary and proper by the Town Council of
the Town of Selbyville and are made in accordance with a Comprehensive
Plan and design to lessen congestion in the streets; to secure safety
from fire, panic and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to facilitate
the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements of the Town of Selbyville.
A.
The following general rules of construction shall
apply to the regulations of this chapter:
(1)
The singular number includes the plural and the plural
the singular, unless the context clearly indicates the contrary.
(2)
Words used in the present tense include the past and
future tenses, and the future the present.
(3)
The word "shall" is always mandatory. The word "may"
is permissive.
(4)
The word "building" or "structure" includes any part
thereof, and the word "building" includes the word "structure."
(5)
Words and terms not defined herein shall be interpreted
in accord with their normal dictionary meaning and customary usage.
B.
ACCESSORY BUILDING
ACCESSORY USE
AGGREGATE AREA OR WIDTH
ALLEY
APARTMENT
BAR
BASEMENT
BED-AND-BREAKFAST
BOARD
BOARDINGHOUSE
BUILDABLE AREA
BUILDABLE WIDTH
BUILDING
BUILDING, COMPLETELY ENCLOSED
BUILDING, HEIGHT OF
BUILDING INSPECTOR
BULK
BUSINESS COMPLEX
CANOPY
CAR WASH ESTABLISHMENT (AUTOMOBILE LAUNDRIES; AUTOMATIC OR OTHERWISE)
CERTIFICATE OF COMPLIANCE
CERTIFICATE OF OCCUPANCY
CLINIC
CLUB, PRIVATE
COCKTAIL LOUNGE
COMMERCIAL VEHICLE
CONSTRUCTION, STARTING OF
CONVALESCENT HOME
COURT
DAY-CARE CENTER
DISTRICT
DOG KENNEL, COMMERCIAL
DUPLEX
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, SINGLE-FAMILY, DETACHED
DWELLING, TWO-FAMILY
DWELLING UNIT
ELDERLY (SENIOR CITIZEN)
ELDERLY HOUSING
FAMILY
FAMILY DAY-CARE HOME
FILLING STATION/SERVICE STATION/MOTOR VEHICLE REPAIR SHOP
FLOODPLAIN
FLOOR AREAS
(1)
(2)
FRONTAGE
(1)
(2)
GARAGE, PRIVATE
GARDEN APARTMENTS
GRADE
GROUP DAY-CARE HOME
HOME OCCUPATION
HOSPITAL
HOTEL
JUNK
KENNEL
LAUNDROMAT
LOADING SPACE
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT, DEPTH OF
LOT, INTERIOR
LOT LINE
LOT, THROUGH (DOUBLE FRONTAGE)
LOT WIDTH
MAJOR STREET OR HIGHWAY
MINOR CHANGE
MIXED USE COMPLEX
MOTEL
MULTIFAMILY
NIGHTCLUB
NONCONFORMING USE
NURSING HOME
OPEN AREA
PARKING LOT, COMMERCIAL
PARKING SPACE, OFF-STREET
PLANNING AND ZONING COMMISSION
PREMISES
REGULATIONS
RENTAL UNIT
RESTAURANT
RIDING ACADEMY
ROOMING HOUSE
SELF-SERVICE STORAGE FACILITY
SETBACK
SETBACK LINE or BUILDING SETBACK LINE
SITE PLAN
STABLE, PRIVATE
STABLE, PUBLIC
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATIONS
STRUCTURE
SWIMMING POOL
TECHNOLOGICAL MANUFACTURING
TELEPHONE CENTRAL OFFICE
TENTING AREA
TOURIST HOME/BED-AND-BREAKFAST
TOWNHOUSE
TRAILER OR MOBILE HOME
TRAILER PARK, TRAILER COURT or MOBILE HOME PARK
UNITS/ACRE
WATERWAY
YARD
YARD, FRONT
YARD, REAR
YARD SALE
YARD, SIDE
For the purpose of this chapter, certain terms and
words are here defined.
A subordinate building or a portion of the main building,
the use of which is clearly incidental to or customarily found in
connection with and (except as otherwise provided in this chapter)
located on the same lot as the main building or principal use of the
land.
One which is clearly incidental or customarily found in connection
with and (except as otherwise provided in this chapter) is located
on the same lot as the principal use of the premises. When the term
"accessory" is used in the chapter, it shall have the same meaning
as "accessory use."
The sum of two or more designated areas or widths to be measured,
limited or determined under the provisions of this chapter.
A narrow public thoroughfare not exceeding 16 feet in width
which provides only a secondary means of access to abutting properties
and is not intended for general traffic circulation.
A part of a building containing cooking and housekeeping
facilities, consisting of a room or suite of rooms intended, designed
and used as residence by an individual or single family.
Any indoor area open to the public operated primarily for
the sale of alcoholic beverages to be consumed on the premises and
where the service of food is secondary to the consumption of such
beverages. "Bars" include taverns, taprooms, lounges, cabarets, nightclubs,
and similar facilities serving alcoholic beverages. "Bars" are not
allowed in the Town of Selbyville.
[Added 4-2-2012]
That portion of a building between the floor and ceiling
which is wholly or partly below grade and having more than 1/2 of
its height below grade.
Same as "tourist home."
The Board of Adjustment of the Town of Selbyville.
Same as "rooming house."
The area of that part of the lot not included within the
yards or open spaces herein required.
The width of that part of a lot not included within the open
spaces herein required.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons or property of any kind.
Any building having no outside openings other than ordinary
doors, windows and ventilators.
The vertical distance from the grade to the highest point
of the coping of a flat roof, or to the decklines or highest point
or coping or parapet of a mansard roof, or to the mean height level
between eaves and ridge for gable, hip, shed and gambrel roofs. When
the highest wall of a building with a shed roof is within 30 feet
of a street, the height of such building shall be measured to the
highest point of coping or parapet.
The official or officials designated by the Mayor and Town
Council to administer and enforce the Zoning Chapter.
A term used in this chapter to describe the size and shape
of a building or structure and its relationship to other buildings,
to the lot area for a building, and to open spaces and yards.
Any concentration of offices, providers of personal services
and/or retail uses within one or more buildings on one parcel or lot.
[Added 11-5-2001]
A detachable, roof-like cover, supported from the ground
or deck, floor or walls of a building, for protection from sun or
weather.
A statement signed by a duly authorized Town officer setting
forth that a building, structure or use legally complies with the
Zoning Chapter and that the same may be used for the purposes stated
therein.
A permit to occupy a new, renovated or remodeled dwelling
issued by the Building Inspector after all inspections are complete
and approved.
A building or portion thereof designed for, constructed or
under construction or alteration for, or used by two or more physicians,
surgeons, dentists, psychiatrists, physiotherapists or practitioners
in related specialties, or a combination of persons in these professions,
but not including patients overnight.
Buildings and facilities owned or operated by a corporation,
association, person or persons for a social, educational or recreational
purpose, but not primarily to render a service which is customarily
carried on as a business.
A room or other limited portion of a restaurant where patrons
may sit and wait for their table, which serves alcoholic beverages
and is accessory to the principal use as a restaurant. The temporary
stand-up consumption of alcoholic beverages shall be permitted in
a cocktail lounge, but only when there is insufficient seating in
the cocktail lounge for restaurant patrons who are waiting to be seated
at a dining table in the restaurant.
[Added 4-2-2012]
Any truck, van or trailer containing advertising on the exterior.
The combining of labor and material into any portion of structure,
on the site thereof, including but not limited to the delivery of
pre-assembled units.
A building where regular nursing care is provided for more
than one person not a member of the family which resides on the premises.
An open space which may or may not have direct street access
and around which is arranged a single building or a group of related
buildings.
Any place which receives 12 or more children or adults for
day care.
Any section of the Town of Selbyville in which the zoning
regulations are uniform.
The keeping of any dog or dogs, regardless of number, for
sale, breeding, boarding or treatment purposes, except in an animal
hospital, dog beauty parlor or pet shop as permitted by these regulations,
or the keeping of five or more dogs, six months or older, for any
purpose.
A two-family dwelling whereby the units are oriented side-by-side
or a two-family dwelling with one unit over the other or under the
other.
A building designed for and occupied exclusively as a residence
by more than four families living independently of each other and
which complies with height and other limitations.
A building designed for or occupied exclusively by one family.
A building designed for and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
building, and no part of such building was formerly used as a cabin,
railroad car, trailer, mobile home or travel trailer. This definition
shall not include trailers, mobile homes, travel coaches, hotels,
motels, motor lodges, boarding- and lodging houses, tourist courts,
cabins, tourist homes or bed-and-breakfast inns.
A building designed for or occupied exclusively by two families
living independently of each other.
A room or group of rooms occupied or intended to be occupied
as separate living quarters by a single family.
A person who is at least 62 years old.
Residential housing for persons or families who are elderly.
An individual or two or more persons who are related by blood,
marriage or adoption, living together and occupying a single housekeeping
unit with single culinary facilities, or a group of not more than
four persons living together by joint agreement and occupying a single
housekeeping unit with single culinary facilities on a nonprofit,
cost-sharing basis. Domestic servants, employed and residing on the
premises, shall be considered as part of the family.
A private home which provides day care for two to six children
or adults, none of whom are relatives of the caregiver, at any one
time.
Any building, structure or land used for the sale at retail
of motor vehicle fuels, lubricants or accessories, or for the servicing
of automobiles or repairing of minor parts and accessories, but not
including major repair work such as motor replacement, body and fender
repair or spray painting.
The relatively flat land following a watercourse which could
be subject to periodic flooding based on information from the U.S.
Army Corps of Engineers, Federal Emergency Management Agency and any
other official sources.
Commercial, business and industrial buildings
or buildings containing mixed uses: the sum of the gross horizontal
areas of the several floors of a building measured from the exterior
faces of the exterior walls or from the center line of walls separating
two buildings but not including:
Residential buildings: the sum of the gross
horizontal areas of the several floors of a dwelling, exclusive of
garages, basements and open porches, measured from the exterior faces
of the exterior walls.
All of the property on one side of a street
between two intersecting streets (crossing or terminating), measured
along the line of the street, or if the street is dead-ended, then
all of the property abutting on one side between an intersecting street
and the dead-end of the street.
LOT FRONTAGEThe distance for which the front boundary line of the lot and street line are coincident.
A garage used for storage purposes only and having a capacity
of not more than four automobiles or not more than two automobiles
per family housed in the building to which the garage is accessory,
whichever is the greater. Space therein may be used for not more than
one commercial vehicle, and that one of not more than one ton capacity,
and space may be rented for not more than two vehicles to persons
other than occupants of the buildings to which such garage is accessory.
A group of multifamily dwellings on a single lot of not less
than five acres in area, designed for rental of the individual housekeeping
units, having common open spaces, and designed in accordance with
the special requirements for such dwellings as set forth in this chapter,
to give the maximum amount of open space per family.
Grade elevation shall be determined by averaging the elevations
of the finished ground at all the corners and/or other principal points
in the perimeter wall of the building.
A facility which provides day care for more than six but
fewer than 12 children or adults.
Any occupation or activity which is clearly incidental and
secondary to use of the premises for dwelling purposes and which is
carried on by a member of a family residing on the premises, and in
connection with which there is no display or storage of materials
or generation of substantial volumes of vehicular or pedestrian traffic
or parking demand or other exterior indication of the home occupation
or variation from the residential character of the building, and in
connection with which no person outside the resident family is employed
and no equipment used which creates offensive noise, vibration, smoke,
dust, odor or glare. When within the above requirements, a home occupation
includes, but is not limited to, the following: art studio; dressmaking;
professional office of physician, dentist, lawyer, engineer, architect,
accountant, salesman, real estate agent, insurance agent or other
similar occupation; teaching, with musical instruction limited to
one or two pupils at a time; family day-care home; however, a home
occupation shall not be interpreted to include barber shops, beauty
parlors, tourist homes, animal hospitals, tea rooms and restaurants.
A building or group of buildings, having room facilities
for overnight patients, used for providing services for the inpatient
medical or surgical care of the sick or injured humans, and which
may include related facilities, central service facilities, and staff
offices; provided, however, that such related facility must be incidental
and subordinate to the main one and must be an integral part of the
hospital operations.
A building in which lodging or boarding and lodging are provided
with more than 10 guest rooms, offered to the public for compensation.
Ingress and egress to and from all rooms is made through an inside
lobby and has an office supervised by a person in charge at all hours.
As such, it is open to the public, in contradiction to a boarding-
, rooming or lodging house, or an apartment house, which are herein
separately defined. A hotel may include restaurants, taverns, club
rooms, public banquet halls, ballrooms and meeting rooms.
Dilapidated automobiles, trucks, tractors and other such
vehicles and parts thereof, dilapidated wagons, trailers and other
such vehicles and parts thereof, scrap building materials, scrap contractor's
equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles,
glass, old iron, machinery, rags, paper, excelsior, mattresses, beds
or bedding or any other kind of scrap or waste material which is stored,
kept, handled or displayed.
A structure or place used for the breeding or boarding of
domestic animals.
A business that provides washing, drying, and/or ironing
machines or dry-cleaning machines for hire to be used by customers
on the premises.
A space within the main building or on the same lot, providing
for the standing, loading or unloading of trucks, having a minimum
width of 12 feet, a minimum depth of 40 feet, and a vertical clearance
of at least 14 feet.
A parcel of land which may include one or more platted lots,
occupied or intended for occupancy by a use permitted in this chapter,
which is occupied or which is to be occupied by a main building together
with its accessory buildings, the yard areas and parking spaces required
by this chapter, and having its principal frontage upon a street or
upon officially approved place.
The total horizontal area within the lot lines of the lot.
A lot abutting upon two or more streets at their intersection.
The percent of a lot which is covered, or planned to be covered,
with impervious surfaces. "Lot coverage" shall include off-street
parking areas and driveways but not public streets.
The average horizontal distance between the front and rear
lot lines.
A lot other than a corner lot.
Any boundary line of a lot.
A lot having a frontage on two approximately parallel streets
or places.
The horizontal distance between the side lot lines measured
at the required front yard line.
A street or highway designated as a primary highway by the
Delaware State Highway Department.
A repair, maintenance or addition to a structure in an Historic
District which meets all zoning requirements and is not visible from
the street or streets on which a lot is situated.
[Added 8-3-1998 by Ord. No. 78-A6]
Any concentration of offices, providers of personal services,
retail uses and/or technological manufacturing uses which are compatible
with the use and occupancy of adjoining properties.
[Added 11-5-2001]
A building without cooking facilities, in which lodging is
provided with more than 10 guest rooms and offered to the public for
compensation. It is the same as a hotel except that ingress and egress
to rooms need not be through a lobby and parking is usually adjacent
to the rooms.
A building designed for and occupied exclusively as a residence
by more than four families living independently of each other and
which complies with height and other limitations.
Any establishment in which the primary use is the sale of
alcoholic beverages and which provides entertainment and/or an area
for dancing. "Nightclubs" are not allowed in the Town of Selbyville.
[Added 4-2-2012]
A building or land which, although lawfully existing prior
to the adoption, revision or amendment of this chapter, does not conform
to the height, area or use regulations of the district in which it
is located by reason of such adoption, revision or amendment.
[Amended 9-11-2000 by Ord. No. 114]
Same as "convalescent home."
That portion of a lot excluding area set aside or used for
buildings, parking, loading and streets. Land devoted to recreation
purposes, to include land for swimming pools, tennis courts and similar
recreation uses, shall be considered open area for the purpose of
this definition.
An area used for the storage or parking of automobiles, not
including mobile dwelling units, for any period of time and operated
for gain.
An all-weather surfaced area not in a street or alley and
having an area of not less than 200 square feet for vertical or diagonal
parking and 220 square feet for parallel parking, exclusive of driveways,
permanently reserved for the temporary storage of one vehicle and
connected with a street or alley by a paved driveway which affords
ingress and egress for an automobile without requiring another automobile
to be moved.
The Planning and Zoning Commission of the Town of Selbyville,
as appointed by the Mayor and Council; responsible for long- and short-term
land use planning, establishing and review of zoning ordinances and
review of all subdivision plans; makes recommendations to Mayor and
Council.
A lot, together with all buildings and structures thereon.
The whole body of regulations, text, charts, tables, diagrams,
maps, notations, references and symbols, contained or referred to
in this chapter.
A dwelling unit intended for rental.
Any establishment where food and drink are prepared, served
and consumed and whose design or principal method of operation is
characterized by customers being provided with an individual menu
and being served food and drink by a restaurant employee at the same
table or counter at which said items are consumed. A minimum of 51%
of gross sales must be created by the sale of food. A restaurant must
have suitable kitchen facilities for cooking an assortment of foods
under the charge of a chef or cook. A restaurant may have a cocktail
lounge, as such is defined above.
[Added 4-2-2012]
Any structure or place where horses or ponies are kept for
riding, driving or stabling for compensation or incidental to the
operation of any club, association, ranch or similar establishment.
A building, in which the owner is resident, where, for compensation
and by prearrangement for a definite period, lodging, with or without
meals, is provided for no more than 14 persons in not more than seven
guest rooms or rental units.
Any real property designed and used for the purpose of renting
or leasing individual storage space to occupants who are to have access
to such for the purpose of storing and removing personal property.
No occupant shall use a self-service storage facility for residential
purposes. A self-storage facility is not a warehouse.
An area extending the full width of the lot between the street
right-of-way and the building setback line within which no buildings
or parts of buildings may be erected.
A line extending between the two side lot lines of a lot
or a parcel of land which is parallel to, and a stated distance from,
a street line.
A drawing illustrating a proposed development and prepared
in accordance with the specifications of this chapter.
An accessory building, not related to the ordinary operation
of a farm, for the housing of not more than four horses or mules owned
by a person or persons living on the premises and which horses or
mules are not for hire or sale.
Any stable for the housing of horses or mules, operated for
remuneration, hire, sale or stabling, or any stable, not related to
the ordinary operation of a farm, with a capacity for more than four
horses or mules, whether or not such stable is operated for remuneration,
hire, sale or stabling.
That portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor next
above it; or, if there be no floor next above it, then the space between
such floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three feet above the top
floor level, and in which space not more than two-thirds of the floor
area is finished for use. A half-story containing independent apartment
for living quarters shall be counted as a full story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A dividing line separating a lot, tract or parcel of land
and a contiguous street.
Any changes in the supporting members of a building, such
as footings, bearing walls or partitions, columns, beams or girders,
or any substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having a permanent location of the ground, including, but without
limiting the generality of the foregoing, trailers or mobile homes,
signs, swimming pools, fences, backstops for tennis courts and pergolas.
Any portable pool or permanent structure containing a body
of water 18 inches or more in depth and 250 square feet or more of
water surface area, intended for recreational purposes, including
a wading pool, but not including an ornamental reflecting pool or
fish pond or other type of pool, located and designed so as not to
create a hazard or to be used for swimming or wading.
Manufacturing establishment that involves assembling materials
refined elsewhere and which can be operated without creating objectionable
noise, odor, dust, smoke, gas, fumes, vapor, or traffic.
[Added 11-5-2001]
A building and its equipment used for facilitating transmission
of telephone and radio-telephone messages between subscribers, and
other business of a telephone company.
Any park, tourist park, camp, court, site, lot, parcel or
tract of land which is designed, maintained or intended for the purpose
of supplying a location or accommodation for two or more tents, tent
trailers, camp trailers, trailerettes or other camping vehicles or
facilities, as temporary living or sleeping quarters for persons engaged
in recreational, educational or vacation activities; except where
the facilities are maintained for the private use of the landowner
himself.
A single-family dwelling in which the owner is resident,
with accessory use accommodations for a maximum of 12 persons in five
guest rooms; not more than 40% of the total living area of the single-family
dwelling shall be used for guests' rooms; and no guests shall remain
for more than eight consecutive nights in any sixty-day period.
[Amended 12-3-2001]
A single-family dwelling forming one of a group or series
of three or more attached single-family dwellings separated from one
another by party walls without doors, windows or other provisions
for human passage or visibility through such walls from basement to
roof, and having roofs which may extend from one of the dwelling units
to another. Dwellings must be side-by-side and no dwelling shall be
oriented over or under another.
Designed without a permanent foundation and constructed to
be towed, after fabrication, on highways on its own chassis, wheels
or supported by other vehicles but not self-propelled, and supported
in location by wheels, blocking, skids, jacks, horses, skirtings or
permanent foundations. Two units placed side by side to form a "double-wide,"
shall be considered a mobile home if structural members (sills, studding,
plates, joists, rafters) are similar in design and arrangement to
that commonly used in single units.
Any tract of land used, or offered for use, for the location
of trailers or mobile homes to be occupied as dwellings.
The density of dwellings or other use units which is determined
by subtracting from the total gross area of a parcel the area set
aside for existing streets or rights-of-way.
[Added 8-6-2007]
Any body of water, including any creek, canal, river, lake
or bay, or any other body of water, natural or artificial, except
a swimming pool or ornamental pool located on a single lot.
An open space, other than court, on a lot and unoccupied
and unobstructed from the ground upward, except as otherwise provided
in this chapter.
A yard extending across the front of a lot between the side
lot lines and being the minimum horizontal distance between the street
line and the main building or any projections thereof. On corner lots,
the front yard shall be considered as parallel to the street upon
which the lot has its least dimension.
A yard extending across the rear of the lot between the side
lot lines and measured between the rear lot line and the rear of the
main building or any projection.
Yard sales, including "flea markets," conducted on the premises
for the sale of personal property owned by the owner or lessee of
the land and the principal building located on the parcel where the
sale is to be conducted; provided, however, that not more than three
yard sales or flea market sales shall be conducted in each calendar
year in any district.
A yard between the main building and the side lot line and
extending from the front yard to the rear yard and being the minimum
horizontal distance between the side lot line and side of the main
buildings.
