The purpose of this article is to provide for
certain uses which cannot be well adjusted to their environment in
particular locations with full protection offered to surrounding properties
by rigid application of the district regulations. These uses are generally
of a public or semipublic character and are essential and desirable
for the general convenience and welfare but, because of the nature
of the use, the importance of the relationship to the Comprehensive
Plan and possible impact not only on neighboring properties but on
a large section of the Town, require the exercise of planning judgment
on location and site plan.
[Amended 11-4-2019]
As appropriate, buildings, structures and uses
may be approved by the Mayor and Council of the Town of Selbyville
as conditional uses in any district from which they are prohibited,
except as otherwise provided, in accordance with the procedures and
standards of this article, provided that the location is appropriate
and not in conflict with the Comprehensive Plan of the Town of Selbyville,
that the public health, safety, morals and general welfare will not
be adversely affected, that adequate off-street parking facilities
will be provided, and that the necessary safeguards will be provided
for this protection of surrounding property, persons and neighborhood
values, and further provided that the standards of this article receive
compliance. Unless otherwise specified in this article or specified
as a condition of approval, the height limits, yard spaces, lot area
and sign requirements shall be the same as for other uses in the district
in which the conditional use is located. Approval of a conditional
use shall become null and void unless construction, when applicable,
is completed or substantially completed, as determined by the Town,
within one year following the date of conditional use approval or
until the use is commenced within one year following the date of conditional
use approval. No business license shall be issued by the Town until
the foregoing construction completion and/or use requirements, within
the one-year time frame provided, are satisfied. Permits issued under
a conditional use approval may be revoked by the Mayor and Town Council
for failure to comply with conditions of approval or other applicable
requirements, including, but not limited to, federal, state, county
or Town regulations.
Applications for a conditional use shall be
made on forms and filed in the manner prescribed by the Planning and
Zoning Commission.
A.
Before taking any action on any proposed conditional
use, the Mayor and Council of the Town of Selbyville shall submit
the same to the Planning and Zoning Commission of the Town of Selbyville
for its recommendation and report. Failure of the Planning and Zoning
Commission to report to the Mayor and Council of the Town of Selbyville
within 45 days after the application has been referred to it shall
be deemed to be approval of the application there submitted.
B.
The Planning and Zoning Commission may hold a public
hearing on any proposed conditional use following 10 days' written
notice printed in a newspaper of general circulation within the corporate
limits of the Town of Selbyville.
C.
Five copies of a preliminary site plan shall be filed
with the Mayor and Council of the Town of Selbyville through the Planning
and Zoning Commission. The preliminary site plan shall comply with
the requirements of this article and shall be accompanied by such
other written or graphic material as may be necessary, desirable or
required by the Mayor and Council of the Town of Selbyville and the
Planning and Zoning Commission.
D.
The Planning and Zoning Commission shall review the
site plan for compliance of the requirements of this chapter. Before
recommending approval of a site plan, the Planning and Zoning Commission
may make reasonable additional requirements, including but not limited
to, utilities, drainage, landscaping and maintenance thereof, lighting,
signs and advertising devices, screening, accessways, curb-cuts, traffic
control, height of buildings and setback of buildings, hours of operation,
noise, odor and fencing in order to protect the neighborhood. The
site plan shall be amended in accordance with the requirements of
the Planning and Zoning Commission before being submitted to the Mayor
and Council of the Town of Selbyville for consideration for approval.
E.
Following approval by the Mayor and Council of the
Town of Selbyville of the final site plan in the form of a final plat
shall be prepared, filed and recorded. This final plat shall comply
with the specifications of the Mayor and Council of the Town of Selbyville
and the requirements of this article and applicable laws, regulations
and ordinances governing the property.
F.
Minor amendments of an approved site plan of a conditional
use or of conditions attached to a conditional use may be approved
by the Planning and Zoning Commission at a regular meeting after a
written report from the Building Inspector and without a public hearing,
provided such change or amendment:
(1)
Does not alter or record a plat;
(2)
Does not conflict with the general requirements of
this chapter;
(3)
Does not change the general character or content of
an approved development plan or use;
(4)
Applies to an approved condition originating with
the Planning and Zoning Commission and not with the Mayor and Council
of the Town of Selbyville;
(5)
Has no appreciable effect on adjoining or surrounding
properties;
(6)
Does not increase the approved number of dwelling
units or heights or building; and
(7)
Does not decrease the minimum specified yard and open
spaces of minimum or maximum specified parking and loading spaces.
[Amended 2-4-2008]
A.
Conditions for day care
(1)
Any type of day-care facility must have a license
from the State of Delaware and a license from the Town of Selbyville.
(2)
There shall be 50 square feet of outdoor play space
per child.
(3)
All outdoor play spaces shall be fenced with a four
foot high fence.
