From and after the date of the final adoption of this chapter, no building shall thereafter be used, and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved or structurally altered unless accomplished with the provisions of this chapter.
Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record and in no event shall there be more than one main building on any one lot unless otherwise provided for in this chapter.
The minimum yards, height limits, parking spaces, open spaces, including lot area per family required by this chapter for each and every building existing at the time of passage of this chapter or for any building hereafter erected shall not be encroached upon nor considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of the provisions of this chapter.
No accessory building shall be constructed more than six months prior to beginning construction of the main building. No accessory building shall be used for more than six months unless the main building is under construction.
[Amended 12-4-2023]
For the purposes of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists of permitted uses or other provisions of this chapter, uses not specifically listed are prohibited. Without limiting or affecting the foregoing, and for purposes of clarity, the following uses are prohibited in all districts:
A. 
Marijuana establishment, including a marijuana product manufacturing facility, marijuana testing facility, marijuana cultivation facility, and any retail marijuana store, as such establishments are defined in 4 Del. C. § 1302; and
B. 
Any commercial establishment, such as a marijuana smoking lounge or cafe, that allows patrons to consume, smoke or partake in marijuana products.
[Amended 11-5-2001]
Except as otherwise provided in any district, there shall be one principal use on any lot.
Height, area and bulk regulations applicable to each district are contained in a chart or table at the end of this chapter. The table, and all of the notations and requirements which are shown in it or which accompany it shall be a part of this chapter and have the same force and effect as if all of the notations and requirements were fully set forth or described herein.
Whenever reference is made in this chapter to any other ordinance, chart, table, schedule or regulations which itself is not copied herein, a copy of such ordinance, chart, table, schedule or regulations shall be kept on file in the office of the Town Hall of Selbyville and be available for inspection and reference.
Governmental functions of federal, state and municipal governments are not subject to the provisions of this chapter. Governmental functions of the Town of Selbyville government are considered exempt from the provisions of this chapter. It is further provided 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 offices or other public or semipublic offices or buildings, municipal water towers, government office buildings, water storage tanks, water reservoirs, water pumping stations, water treatment plant, sewage treatment plants, sewage lift stations and sewage pumping stations.
[Added 6-7-1999 by Ord. No. 78-A7]
No satellite antenna shall be installed, constructed or erected upon any property within any district located within the Town of Selbyville except in compliance with the provisions of this section:
A. 
A satellite antenna shall be permitted only as an accessory use on a lot that contains a principal structure. A building permit is required for installation of a satellite antenna.
B. 
A satellite antenna shall be located as close to the rear line of the dwelling or structure as possible to achieve clear transmission and on or as close to the building or structure on the side or rear of the property in a safe location and as unobtrusively as can be placed.
[Amended 9-13-1999 by Ord. No. 78-A7-1]
C. 
No lot or structure shall contain more than one satellite antenna; provided, however, that where there are multiple units or structures, there shall be not more than one satellite antenna per structure or unit.
D. 
Any permitted satellite antenna shall not have a surface receiving area greater than one meter.
E. 
Satellite antennas larger than one meter installed as of the date of the enactment of this section shall be permitted to continue until abandoned, inoperable or in disrepair beyond routine maintenance. Any satellite dish that becomes inoperable or in disrepair beyond routine maintenance shall be removed from the premises. Satellite antennas one meter or smaller which are not located in conformity with this section shall comply with this section within 45 days of notice of noncompliance.
F. 
Each satellite antenna shall be designed in compliance with American National Standards Institute Standard A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Others Structures, and the Electronics Industry Association Standard RS-411 Electrical and Mechanical Characteristics of Antennae for Satellite Earth Stations, or any modifications or successor to such standards, as well as any other construction or performance standard, rule or regulation of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel or such other professional as shall be deemed appropriate by the Town shall be submitted to the Town as a condition for the issuance of the building permit required by this section.
[Added 9-13-1999 by Ord. No. 78-A8]
A. 
Fences shall be permitted in all districts, except General Commercial, as accessory uses so long as they meet the following requirements:
(1) 
Property owners shall apply for a permit from the Town; said application shall be reviewed by the Zoning Official for compliance with all regulations, including the right to inspect the property in order to determine that the application and the fence will meet the standards of this section.
(2) 
Fences may be placed in the front yard of the property but shall not exceed four feet in height. Only decorative fences shall be permitted; stockade and chain-link styles are prohibited.
(3) 
Any fence or wall for residential use may project into or enclose the side yard and rear yard setbacks, provided that such fences and walls do not exceed the height of six feet.
(4) 
Fencing materials shall be limited to stockade, split-rail or chain-link, with colors only in their natural state, earth tones or similar materials and colors as approved.
(5) 
No fence will be constructed that will obstruct the view of the road or sidewalk for safety reasons.
B. 
Any fence or wall in the General Commercial District may project into or enclose all required yards, provided that such fences, hedges and walls do not exceed a height of 12 feet. Fencing materials shall be limited to stockade, split-rail or chain-link, with colors only in their natural state, earth tones or similar materials and colors as approved.
C. 
Fencing is required around any swimming pool.
D. 
All fences and walls in place at the time of this section are permitted to continue as existing nonconforming structures.
E. 
This section shall apply to any new fence or wall hedge or replacement of any existing fence or wall after the date of enactment.
[Added 4-2-2012]
Any person or entity with an existing restaurant or desirous of opening a new restaurant must file with the Town Administrator an application for and, if approved, receive a permit of compliance for the operation of the restaurant business. The application shall be on a form to be furnished by the Town and shall be accompanied by the requisite application fee, as such may be established by the Town Council from time to time. The following information must be provided as part of the application process:
A. 
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.
B. 
The name, style and designation under which the business is to be conducted.
C. 
The business address and all telephone numbers where the business is to be conducted.
D. 
The plan of the proposed or existing restaurant and/or proposed expansion of an existing restaurant. Said plan shall show the following information:
(1) 
The location of the restaurant.
(2) 
The location's zoning classification.
(3) 
The number and sizes of bar areas or cocktail lounges in the restaurant.
(4) 
The restaurant's floor plan.
(5) 
The restaurant's seating capacity.
(6) 
The designated areas for storage and for preparation of food service.
(7) 
The distance to the nearest property line of the nearest church, public park and/or lot zoned residential from the proposed restaurant or existing restaurant property
E. 
A statement that the establishment's primary purpose shall be that of a restaurant as defined in § 200-3 of Article I of this Chapter 200.
F. 
A statement containing an approximate percentage of projected revenue to be derived from the sale of alcoholic beverage as compared to the percentage of projected revenue to be derived from the sale of food.
G. 
An authorization for the Town, its agents and employees to seek information and conduct an investigation as to the truth of the statements set forth in the application.
H. 
A written and dated declaration by the applicant, under verification, oath or affidavit, that the foregoing information contained in the application is true and correct, with said declaration being duly dated and signed in the Town.
[Added 4-2-2012]
A. 
Selling or dispensing prohibited certain hours. No holder of a license issued by the Delaware Alcoholic Beverage Control Commission for the sale of alcoholic beverages for consumption on the premises shall sell or dispense such beverages on the premises to which the license pertains between the hours of 11:30 p.m. and 9:00 a.m. within the corporate limits of the Town of Selbyville.
B. 
Consumption prohibited certain hours. No holder of a license issued by the Delaware Alcoholic Beverage Control Commission for the sale of alcoholic beverages for consumption on the premises shall permit the consumption of any alcoholic beverage on the premises to which the license pertains between the hours of 12:00 midnight and 9:00 a.m.
C. 
Stand-up consumption of alcoholic beverages is prohibited at all times in all restaurants and other types of establishments in the Town of Selbyville, unless a restaurant or other type of establishment qualifies for nonconforming status as set forth in § 200-17.3B below. The foregoing prohibition shall not apply to restaurant patrons who are waiting to be seated at a dining table in the restaurant and who are required to temporarily stand in the cocktail lounge due to an insufficient amount of available seating in the cocktail lounge (see definition of "cocktail lounge" in § 200-3B above).
[Added 4-2-2012]
A. 
Restaurants and any other type of establishment in existence prior to the date this Article III was amended to prohibit the stand-up consumption of alcoholic beverages shall be entitled to continue licensed operations with the same floor plan, configuration and patron area (including the areas for seated dining and stand-up consumption of alcoholic beverages) as were in existence prior to the date this Article III was amended to prohibit the stand-up consumption of alcoholic beverages, subject to the conditions set out in Subsection B hereafter.
B. 
Requirements to establish nonconforming status; alterations, modifications, rearrangements and changes to internal floor plan.
(1) 
In order to establish its nonconforming status, any restaurant or other type of establishment qualifying for such status shall have on file with the Town Administrator's office a scaled floor plan, architectural drawings or other suitable documentation sufficient to establish the preexisting floor plan, configuration and patron area (including the areas designated for seated dining and stand-up consumption of alcoholic beverages).
(2) 
The owner/operator shall be permitted to alter, modify, rearrange or otherwise change the internal floor plan, configuration and patron area (including the areas designated for seated dining and stand-up consumption of alcoholic beverages), provided that:
(a) 
The percentage of patron area devoted to seated dining is not decreased.
(b) 
The percentage of patron area devoted to stand-up consumption of alcoholic beverages is not increased.
(c) 
The total amount of floor space devoted to stand-up consumption of alcoholic beverages is not increased.
C. 
Except as provided in Subsection B above, no license shall be issued for a restaurant or any other type of establishment which is expanded, enlarged, altered, modified, rearranged or otherwise changed unless such establishment conforms to the standards set out in the definition of a "restaurant" contained in § 200-3 of Article I of this Chapter 200.
[Added 4-2-2012]
A. 
In the event that the Town Administrator determines, at any time, that an establishment engaged in the sale of alcoholic beverages for on-premises consumption violates any of the provisions of this Article III, he or she shall notify the owner/operator of such premises of that determination, in writing, and order such owner/operator to show cause why the business license for such premises should not be revoked at a hearing before the Town Administrator to be held at a specified date and time not less than five and no more than 10 business days subsequent to the date of such notice. In the event that the Town Administrator determines, at such hearing, that the owner/operator has failed to show just cause why the license should not be revoked, he or she shall notify the owner/operator, in writing, of such determination and the reasons therefor and shall revoke the license and issue a cease-and-desist order, which shall be effective from the time it is delivered to the owner/operator. The owner/operator of such establishment may thereafter appeal the Town Administrator's decision to the Town Council at a de novo hearing to be held at the next Town Council meeting. No such appeal shall act to stay the license revocation or the cease-and-desist order unless the owner/operator posts an appeal bond in the penal sum of $1,000 (in cash or certified check) with the Town, which amount shall be forfeited to the Town in the event that the Town Council affirms the Town Administrator's action to revoke the license and issue a cease-and-desist order.
B. 
The Town may proceed to enforce any such license revocation or cease-and-desist order by any or all of the following remedies: imposition of civil penalties pursuant to § 1-12 and/or § 73-16 of this Town Code; injunctive relief in the Court of Chancery; or complaint to the Delaware Alcoholic Beverage Control Commission.