Town of Dagsboro, DE District Regulations

Onwers of the following structures erected, constructed or extended to a height of 200 feet or greater shall be required to receive written permission from the FAA, DelDOT and Sussex County Council prior to applying for a permit within the Town:

Belfries.

Chimneys.

Church spires.

Fire towers.

Flag poles.

Public monuments.

Windmills.

§ 275-14 R - Residential District.

Purpose: The purpose of this district is to provide for the protection of the single-family pattern which already exists throughout much of the Town area and to provide for its proper extension into those currently undeveloped areas. The concurrent provision of public facilities, sewer and recreational sites, is anticipated in conjunction with the goals of this chapter.

Residential District special requirements. A substantial amount of the land area within the Town of Dagsboro incorporated limits has historically consisted of and still remains in large parcels of land, devoted to agricultural occupations, such as the growing of crops and the raising of poultry. The following special requirements apply to such parcels and activities:

The growing of crops can continue until the parcel is subdivided for residential purposes. At that time, the parcel's component subdivided units shall be governed by this article's provisions.

Existing commercial animal-raising activities, including poultry, horses, cattle, etc., can continue with replacement of existing facilities. If such activity is discontinued for one year, it shall not be resumed. No new commercial animal-raising activities shall be permitted to be established within the limits of the Town of Dagsboro.

Permitted uses. A building or land shall be used only for the following purposes:

Detached single-family dwellings.

Churches, rectories, parish houses, convents and monasteries, temples, synagogues, and other places of worship.

Public and private park lands, forests, wildlife reservations, and similar conservation projects.

Recreational uses such as tennis courts, swimming pools, and other similar activities operated exclusively for the use of private membership and not for commercial purposes (see § 275-41B), provided that no such use, structure, or accessory use is located closer than 50 feet to any adjoining property line unless such property line fronts a public street or waterway with rights-of-way not less than 25 feet, in which instance the required setback need not exceed 25 feet, and provided further that all such facilities must be located on a site having a minimum of one acre, and be fenced to safeguard the public.

Professional offices limited to medical doctors, dentists, architects, engineers and attorneys.

[Added 2-19-2001]

For RPC requirements, see § 275-19.

[Added 12-22-2003]

Accessory uses permitted.

Domestic storage in main building or in an accessory building which conforms to the style of the main building.

Garage, private, which conforms in style to the main building.

Home barbecue grills.

Home occupations, including professional offices in a main building or accessory building.

Playhouses, without plumbing, limited in floor area to 150 square feet and head room limited to five feet.

Storage of a boat trailer, camp travel trailer or a boat but not in a front yard.

Accessory off-street parking and loading spaces. Open or enclosed space for parking one commercial vehicle of not more than one-ton capacity and used by the occupant of a dwelling shall be permitted as accessory.

Private residential swimming pools (see § 275-41).

Fences and walls as defined in § 275-30.

Tennis courts, private.

Yard sales 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 per lot shall be conducted in each calendar year in this District pursuant to this subsection.

A temporary structure upon land subject to a final subdivision approval, for a period not to exceed 18 months while construction on the premises is in progress, for the purpose of conducting construction business related to the primary permitted use on the premises. The regulations/process imposed by § 275-46 shall control the installation of the structure, the date upon which such structure or shelter may be installed originally, the extent of time anticipated for remaining on the premises, lighting, signage, access, utilities, location, buffering/landscaping, obtaining any license or building permit deemed necessary by the Town Council, and paving any impact or other fee that the Town Council may deem necessary before placement of the temporary commercial structure or shelter is permitted. For good cause, as approved by the Town Council, the time of placement may be extended for a period not to exceed one year.

[Added 4-27-2009[1]]

Editor's Note: This ordinance also provided for the renumbering of former Subsections C(12) and (13) as C(13) and (14).

See § 275-26, Accessory buildings, and § 275-40, Site plan review.

Windmills or wind-powered generators (subject to § 275-26).

[Added 2-23-2009]

Building height. No building shall exceed 35 feet in height.

[Amended 5-23-2005 by Ord. No. 2005-1; 6-27-2005 by Ord. No. 2005-2]

Area and yard requirements.

The following requirements shall apply to all uses in the zone except where otherwise provided:

Minimum:

Lot area: 15,000 square feet.

Lot frontage: 100 feet.

Lot depth: 150 feet.

Each side yard: 15 feet.

Front yard setback: 30 feet.

Rear yard setback: 10 feet.

Maximum: The maximum coverage of the lot, including the principal building and all accessory buildings, shall be 30%.

Places of worship must be on a parcel of a minimum of five acres.

For Cluster Residential District requirements see § 275-20.

[Added 12-20-2004]

Minimum off-street parking.

See § 275-35, parking.

Two spaces per dwelling unit.

One space for each five seats in a church, and other places of worship.

Home occupations shall provide one space per 100 square feet of gross floor area devoted to the home occupation.

(Reserved)[2]_,[3]

Editor's Note: Former Subsection G, Signs, was repealed 8-28-2006. See now Art. XII, Sign Regulations.

Editor's Note: Former Section 402.8, Special provisions, which immediately followed this section, was deleted 12-22-2003.

Cluster Residential District regulations. See § 275-20.

[Added 12-20-2004]

(Reserved)[4]

Editor's Note: Former Subsection I, regarding conditional uses, as added 3-27-2006, was repealed 4-27-2009.

§ 275-15 MR - Medium-Density Residential District.

[Added 11-16-2009[1]]

Purpose: This district is intended to provide an opportunity for residential housing at a higher density per acre than the R - Residential District to diversify the housing resources of the Town. The MR District shall permit single-family housing, apartments, townhouses, cluster development and RPC development to be located near the more densely developed portions of the region with access to major highways, shopping facilities and industrial areas. The permitted density per acre in this district is specifically intended to preserve the historically important "small town" character of residential housing in the community and to provide reasonable opportunities for residential development at densities in excess of the R - Residential District regulations.

Principal permitted uses on the land and in buildings:

All uses permitted in the R - Residential District.

Apartments and apartment buildings.

Townhouses.

Two-family detached dwellings.

For RPC requirements, see § 275-19.

Residential condominiums and condominium buildings.

Accessory uses permitted:

All accessory uses permitted in the R - Residential District.

Swimming pools for residents in apartment and townhouse complexes.

An office may be located within an apartment and/or townhouse development, provided that its total business is directly related to the management of such apartment and/or townhouse complex.

Windmills or wind-powered generators (subject to § 275-26).

Building height. No building shall exceed 35 feet in height.

Area and yard requirements.

All single-family dwellings permitted in the MR - Medium-Density Residential District shall adhere to the area and yard requirements for the R - Residential District. See § 275-14E.

For apartments, see § 275-27.

For townhouses, see §§ 275-27 and 275-42.

Minimum off-street parking.

All single-family dwellings permitted in the MR - Medium-Density Residential District shall adhere to the parking requirements for the R - Residential District.

For each townhouse, apartment, or two-family detached dwelling unit: two spaces.

(Reserved)

Cluster Residential District regulations: See § 275-20.

See § 275-27, Apartments; residential condominiums.

See § 275-42, Townhouses.

A buffer strip not less than 10 feet wide shall be provided along all lot lines which form a common boundary with any residential district.

Editor's Note: This ordinance also repealed former § 275-15, HR - High Density Residential District, as amended. See § 275-22.

§ 275-16 C - Commercial District.

[Amended 2-10-1997]

Purpose: The purpose of this district is to accommodate the central business district of the Town of Dagsboro. The existing mix of neighborhood businesses and residential housing emphasizes the neighborhood scale of the Town of Dagsboro; encouraging the continuance of the sense of community which comes with this mix is a primary goal of the Town. This zone seeks to provide for the optimum regulation of local commercial activities so that these may be encouraged to develop in beneficial relation to one another and to the immediate residential areas from which they must draw their support.

Principal permitted uses on the land and in buildings.

General retail stores limited to groceries, drugs, bakeries, florists, clothing, hardware, antiques, books, shoes, appliances, fabrics, furniture, garden and farm supplies, jewelry, hobbies, paints, sporting goods, stationery and newsstands.

[Amended 10-24-2005]

Professional and general business offices.

Personal service shops limited to barbers, beauty parlors, dry cleaners and tailors, laundromats, shoe repair, photographers and appliance repairs.

Restaurants, eateries, and bars.

[Amended 10-24-2005; 2-27-2006; 9-22-2008]

Requirements.

A restaurant may have a bar area, as defined, where consumption of alcoholic beverages for patrons waiting to be seated is allowed, provided that the number of patrons in the bar area does not exceed the Fire Marshal's occupancy limit for that area.

A minimum of 85% of the patron area must be dedicated as a permanent seated dining area.

All tables and chairs in the permanent seated dining area of a restaurant shall be maintained and located in an accessible and usable configuration at all times and may not be temporarily moved so as to increase any bar area.

Music or entertainment, live or recorded, shall not be allowed in any outside service area, including but not limited to external speakers or amplifiers on the patio, or heard from internal speakers inside the premises.

Within the permanent seated dining area, service of alcoholic beverages may be provided only to seated patrons. Stand-up consumption of alcoholic beverages is not allowed in the permanent seated dining area. No alcoholic beverages are permitted in any outside service area.

All windows and doors of any restaurant or eatery shall remain closed except for the passage of patrons when music or entertainment is being played.

[7]

Outside service areas, porches, patios, or decks used in conjunction with a restaurant or eatery for the purpose of seated dining shall have a minimum floor area of 250 square feet and be a maximum of 750 square feet, which shall not be enclosed on all sides with permanent structural walls and roofing.

[8]

With respect to any outside service area, there shall be no overflow of patrons onto public ways, pedestrian or vehicular. Furthermore, blocking of public ways, pedestrian or vehicular, by actions related to the outside service area is prohibited.

[9]

A buffer two feet in width shall surround the outside service area except where an entranceway exists. The buffer area shall be either solid fencing or block or brick wall four feet in height with landscape plantings on the outside of the fence or wall for the remainder of the buffer area, or an evergreen planting of shrubs and/or trees four feet in height full front top to final grade, to visually screen the outside service area from general public view.

[10]

A restaurant may not serve alcoholic beverages before 11:30 a.m. or later than 11:00 p.m., or later than the time when the offering of complete meals in the permanent seated dining area ends, whichever is earlier.

[11]

Food service shall not be permitted before 6:00 a.m. or after 11:00 p.m.

Banks, including drive-in.

Printing, publishing and engraving.

Funeral homes.

Public utility offices and installations.

Government buildings.

Bowling alleys.

Bed-and-breakfast inn/boardinghouse.

Day-care center.

Clinics.

Convalescent home.

Detached single-family dwellings.

[Added 2-10-1997]

Private volunteer fire department station and facilities.

[Added 4-26-2010]

Accessory uses permitted.

Off-street parking, fences and walls.

Signs, § 275-39.

See § 275-40, Site plan review.

Windmills or wind-powered generators (subject to § 275-26).

[Added 2-23-2009]

A temporary structure or shelter or a permanent unit within a development, for the purpose of conducting construction business and/or sales related to the primary permitted use on the premises or for the display of a model unit, for a period not to exceed 18 months while construction on the premises is in progress. The regulations/process imposed by § 275-46 shall control the installation of the structure, the date upon which such structure or shelter may be installed originally, the extent of time anticipated for remaining on the premises, lighting, signage, access, utilities, location, buffering/landscaping, obtaining any license or building permit deemed necessary by the Town Council, and paying any impact or other fee that the Town Council may deem necessary before placement of the temporary commercial structure or shelter is permitted. For good cause, as approved by the Town Council, the number of temporary structures or permanent units and the time of placement may be enlarged.

[Added 4-27-2009]

Building height. No building shall exceed 35 feet in height.

[Amended 5-23-2005 by Ord. No. 2005-1; 6-27-2005 by Ord. No. 2005-2]

Area and yard requirements.

Minimum:

[Amended 3-13-1997]

	If Lot Area is:
	Up to 5,000 sq. ft. (feet)	Up to 10,000 sq. ft. (feet)	Over 10,000 sq. ft. (feet)
Lot frontage	50	100	100
Lot depth	100	100	100
Each side yard	10	10	10
Front yard setback	35 or established building line	35 or established building line	35 or established building line
Rear yard setback	10	25	25

Side yard requirements may be waived so that the resulting space in said side yard may be utilized to create a continuous appearing building if there is compatible design and the lot complies with all other requirements, including but not limited to maximum building coverage, parking, and access.

See § 275-36, Performance standards.

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation of the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

Minimum off-street parking.

Funeral homes shall provide one space per five seats.

Convalescent homes shall provide one space per every 10 beds plus one space per employee.

All other uses shall provide one space per 200 square feet of floor area.

Minimum off-street loading.

Each use shall provide adequate off-street loading space with adequate ingress and egress.

See § 275-35, off-street parking, loading, lighting, and driveways.

(Reserved)[1]

Editor's Note: Former Subsection G, Signs, was repealed 8-28-2006. See now Art. XII, Sign Regulations.

A buffer strip not less than 10 feet wide shall be provided along all lot lines which form a common boundary with any residential district.

(Reserved)[2]

Editor's Note: Former Subsection I, regarding conditional uses, as amended, was repealed 4-27-2009.

§ 275-17 HC - Highway Commercial District.

Purpose: The intent of this zone is to encourage highway-oriented commercial development to concentrate, to the mutual advantage of both consumers and merchants, and thus to promote the public safety, welfare and convenience by discouraging traffic congestion, promoting stability of commercial development and encouraging an attractive and serviceable commercial environment for highway-oriented business in the appropriate highway location. Any use not specifically listed as a permitted use is prohibited. [Amended 9-22-2008]

Principal permitted uses on the land and in buildings.

[Amended 7-12-1997; 10-24-2005; 7-24-2006; 11-19-2007; 9-22-2008]

Amusement places indoor, including bowling alleys, skating rinks, billiard or pool parlors, indoor model racing tracks, and similar activities.

Amusement places outdoor, including miniature golf, skating rinks, skateboard parks, batting cages, and similar activities.

Bakery and doughnut shops, catering, cafes or delicatessens.

Banks, including drive-in.

Bars and brewpubs/winebars.

[Amended 3-18-2019]

Bicycle sales and service.

Business offices, data processing services.

Car wash.

Churches, synagogues or other places of religious worship or parish house.

Communication studios, television and radio broadcasting (without towers).

Day-care center, senior-care centers.

Emergency uses: fire, police, rescue.

Florists, flower shops, greenhouses incidental thereto, nursery, garden and farm supply sales, including sale of farm implements.

Funeral homes, not including crematoriums.

(15)

Health spas, sports club, gym.

Hospitals, medical clinics, dental clinics, convalescent or nursing homes.

(17)

Ice cream stores including drive-through, candy stores.

(18)

Libraries.

(19)

Medical, dental and optometry laboratories.

(20)

Motels and hotels. (See § 275-33.)

(21)

Office supply store, electronic equipment sales and service.

(22)

Parks.

(23)

Personal service shops limited to barbers, beauty parlors, manicurists, tanning salons.

(24)

Personal service shops limited to tailors, shoe repair, self-serve laundromat, dropoff laundry service, dropoff dry cleaning (but no processing plant).

(25)

Pet store, pet grooming (but not pet boarding).

(26)

Photographer's studio, printing, publishing and engraving.

(27)

Professional offices for the use of physicians, dentists, optometrists, attorneys, architects, surveyors, engineers, insurance agents, accountants, stockbrokers, commodity brokers, real estate brokers, licensed employment services, or any combination thereof.

(28)

Public utilities offices, government buildings.

(29)

Restaurant, including drive-in or drive-through and eatery.

Requirements.

A restaurant may have a bar area, as defined, where consumption of alcoholic beverages for patrons waiting to be seated is permitted.

A minimum of 75% of the patron area must be dedicated as a permanent seated dining area.

All windows and doors of any restaurant or eatery shall remain closed except for the passage of patrons when music or entertainment is being played.

A restaurant may not serve alcoholic beverages between the hours of 1:00 a.m. and 11:00 a.m.

(30)

Retail liquor stores (walk-in only).

(31)

Retail stores for building materials, plumbing supplies, electrical supplies, paint and wallpaper, floor covering and window treatment centers, hardware store, lumberyards. Store, warehouse and storage areas cannot exceed 20,000 square feet total.

(32)

Service stations and gasoline pumps, motor vehicle repair, indoor only. (See § 275-38.)

(33)

Shopping centers, furniture, clothing, dry goods, shoes, appliance stores, sporting goods.

(34)

Specialty shops, gift shops, clock shop, antique stores, jewelry stores, video store, magazine, book and stationary stores, except that no store that sells pornographic or other adult explicit material shall be permitted.

(35)

Studios for learning and education of martial arts, painting, photographer, sculptor and musician.

(36)

Supermarket, grocery store, pharmacies, convenience food facilities, vegetable store, meat, seafood or poultry store.

(37)

Travel agencies.

(38)

Veterinarian, animal hospital, including boarding of animals in conjunction with medical care or convalescence.

Accessory uses permitted.

Off-street parking, fences and walls, § 275-35.

Signs per § 275-39.

See § 275-40, Site plan review.

Accessory uses to churches, synagogues or other places of religious worship includes only religious instructional activities, day-care center and preschool to age six.

[Added 7-12-1997]

Windmills or wind-powered generators (subject to § 275-26).

[Added 2-23-2009]

[Added 4-27-2009]

Building height. No building shall exceed 35 feet in height.

[Amended 5-23-2005 by Ord. No. 2005-1; 6-27-2005 by Ord. No. 2005-2]

Area and yard requirements.

Shopping centers:

[Amended 6-28-2004]

Minimum area: five acres.

Minimum frontage: 400 feet.

Maximum building coverage: 35%.

Maximum impervious coverage: 70%.

Building setbacks:

Front: 50 feet.

Side: 25 feet.

Rear: 25 feet.

All buildings within the shopping center shall be either in a group or groups, either physically attached or if separated, having a separation of at least 10 feet. Sidewalks and walkways adjacent to buildings may be protected from the weather by overhead roofs which may extend between separated buildings as long as the structure(s) meet the requirements of the State of Delaware State Fire Marshal's Office.

A motel or hotel shall have a minimum lot size of one acre, with a minimum lot frontage of 150 feet and a minimum lot depth of 150 feet. The minimum front yard shall be 50 feet; minimum rear yard shall be 30 feet and each side yard shall be a minimum of 20 feet. Building coverage shall not exceed 30%.

For all other uses:

	Minimum
	Lot area	15,000 square feet
	Lot frontage	100 feet
	Lot depth	150 feet
	Each side yard	10 feet
	Front yard setback	35 feet
	Rear yard setback	25 feet

	Maximum
	Building coverage	35%

Side yard requirements may be waived so that the resulting space in said side yard may be utilized to create the appearance of continuous building if there is compatible design and the lot complies with all the other requirements, including but not limited to maximum building coverage, parking, and access.

(Reserved)[1]

Editor's Note: Former Subsection D(5), requiring buffer strips along residential district boundaries, was repealed 8-27-2007. See now Ch. 276, Buffering, Screening and Landscaping.

See § 275-36, Performance standards.

(Reserved)[2]

Editor's Note: Former Subsection D(7), regarding landscaping requirements, was repealed 8-27-2007. See now Ch. 276, Buffering, Screening and Landscaping.

The maximum size of any building in this district shall be 75,000 square feet.

[Added 8-23-2004]

Minimum off-street parking.

Service stations and auto repair shops shall provide sufficient parking spaces for all vehicles of employees and patrons with a minimum of five spaces.

Motels and hotels shall provide one space per each unit of accommodation plus one space per employee.

Theaters and restaurants shall provide one space per every four seats plus one space per employee. In addition, drive-in or drive-through operations offering takeout service, consumption while seated in a vehicle, and similar services shall provide six spaces per 1,000 square feet of gross floor area or fraction thereof.

Bowling alleys shall provide five spaces per alley.

For funeral homes, one space per five seats shall be provided.

New and used car sales shall provide 10 spaces for customers plus one space per employee.

Car washes shall provide:

Four spaces at the waiting area and two spaces at the exit area for an automatic car wash.

Eight spaces at the waiting area and two spaces at the exit area for employee-operated car wash.

Shopping centers shall provide five parking spaces per 1,000 square feet of gross leasable area.

All other uses shall provide one space per 200 square feet of floor area. Sales uses not contained within a building shall provide one space per 200 square feet of selling area.

Churches, synagogues or other places of religious worship shall provide one parking space for each three seats; the accessory uses of religious instruction, day care or preschool shall provide one space for each 350 square feet of floor area plus one space for each adult teacher, attendant or employee.

[Added 7-12-1997]

Minimum off-street loading.

A minimum of one space per business or one space per the first 5,000 square feet plus one space for each additional 10,000 square feet, whichever is more.

See § 275-35, off-street parking, loading, etc.

(Reserved)[3]

Editor's Note: Former Subsection G, Signs, was repealed 8-28-2006. See now Art. XII, Sign Regulations.

(Reserved)[4]

Editor's Note: Former Subsection H, regarding conditional uses, as added 3-27-2006, was repealed 4-27-2009.

§ 275-18 LI - Light Industrial District.

Purpose: The purpose of this district is to provide for a wide variety of light manufacturing, fabricating, processing, wholesale distributing and warehousing uses appropriately located for access by major thoroughfares or railroads. Commercial uses and open storage of material are permitted, but new residential development is excluded.

Permitted uses. A building or land shall be used for the following purposes, consisting of general light industrial, warehousing and storage uses, including certain open or enclosed storage of products, materials and vehicles, and including the following uses and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences than the minimum amount normally resulting from other uses listed, such listed uses being generally wholesale establishments, service industries and light industries that manufacture, process, store and distribute goods and materials and are, in general, dependent on raw materials refined elsewhere, and manufacture, compounding, processing, composting, recycling, packaging or treatment, as specified, of the following products or similar products:

Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus.

Manufacture or assembly of boats, bolts, nuts, screws and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery and hardwood products, sheet metal products and vitreous enamelized metal products.

Manufacture of boxes, furniture cabinets, baskets and other wood products of similar nature.

Compounding of cosmetics, toiletries, drugs and pharmaceutical products.

Laboratories, research, experimental or testing, but not testing combustion engines or explosives.

Photographic processing and blueprinting.

Printing and publishing.

Wholesale merchandising or storage warehouses, provided that such uses are not objectionable by reason of odor, dust, noise or similar factors.

Fertilizer blending and storage in bags or bulk storage of liquid or dry fertilizer in tanks, or in a completely enclosed building, but not manufacture or processing.

Fireplace logs, wood pellets and wood fuels.

Organic horticulture products.

Where, in the judgment of the Town Council, a use is not specifically referenced but is similar to those listed as permitted; it may be permitted by approval of the Town Council.

Windmills or wind-powered generators (subject to § 275-26).

[Added 2-23-2009]

[Added 4-27-2009]

Signs.

See § 275-39, Signs.

Only signs related to the use on the premises are permitted in accordance with the following:

Directional signs may be permitted as approved on the site plan and are not considered part of the minimum sign area.

One freestanding sign may be erected. It may have interior lighting, have a sign area of not more than six feet high, not more than six feet long, have not more than two exposed sides, and be set back at least 50 feet from the street right-of-way.

One attached sign may be permitted either lighted or unlighted, provided the area of the sign does not exceed the equivalent of 5% of the area of the wall on which it is attached or 180 square feet, whichever is smaller.

Buildings themselves may be illuminated in lieu of an attached sign outlined in Subsection B(2)(c) above but only upon site plan approval.

Height, area and bulk requirements.

Minimum lot size. Minimum lot size shall be as follows:

	Area (square feet)	Width (feet)	Depth (feet)
	All uses 43,560 (1 acre)	150	200

Minimum yard requirements. Minimum yard requirements shall be as follows:

	Depth of Front Yard (feet)	Width of Side Yard (feet)	Depth of Rear Yard (feet)
	All uses 50	20	20

Maximum height requirement. Maximum height requirements shall be as follows:

[Amended 5-23-2005 by Ord. No. 2005-1; 6-27-2005 by Ord. No. 2005-2]

	Use	Feet	Stories
	All uses	42	3

Minimum off-street parking.

See § 275-35, off-street parking.

Off-street parking shall be located within 400 feet of the building it is intended to serve but may not be located in any required buffer area.

Light industry, scientific or research laboratories shall provide one space per 300 square feet.

Off-street parking shall be provided at least at the rate of one space for every 1,000 square feet or fraction thereof for floor and/or yard area used for storage, warehousing, shipping or receiving plus one space for every 300 square feet or fraction thereof for floor area used for other purposes.

All other uses shall provide one space per 200 square feet.

In addition, one space for every vehicle owned and/or operated by the use operating from the site.

In any event, each use shall provide a sufficient number of spaces in appropriate locations so that no driveway, aisle, fire lane, or street right-of-way is used at any time for parking.

All parking lots shall be lighted per § 275-32.

Minimum off-street loading.

One each for the first 5,000 square feet and one space for each 10,000 square feet thereafter shall be provided.

Off-street loading may be located in any yard except that when located in the front of the building, it shall not encroach upon the required front yard setback or buffer area. All loading areas shall be screened from the street by decorative pierced masonry, brick walls or massed conifers at least five feet in height.

Each space shall be located so that any vehicles being loaded or unloaded or maneuvering into a loading space do not interfere with any other parking or loading spaces, driveways, aisles, fire lane, or street rights-of-way. All loading and unloading shall take place on the building site.

All loading areas shall be lighted per § 275-32.

A buffer strip not less than 10 feet wide shall be provided along all lot lines which form a common boundary with any residential district.

(Reserved)[1]

Editor's Note: Former Subsection G, regarding conditional uses, as added 3-27-2006, was repealed 4-27-2009.

§ 275-19 RPC - Residential Planned Community District

[Added 12-22-2003]

Purpose. In order to encourage large-scale developments as a means of creating a superior living environment through unified developments, and to provide for the application of design ingenuity while protecting existing and future developments and achieving the goals of the Comprehensive Plan, the RPC District is hereby established.

Permitted uses. Uses permitted in an RPC District under this section shall be as follows:

Uses, accessory uses and signs permitted in any residential district in accord with the additional requirements and specific provisions of this section.

Commercial uses of convenience and necessity to the development as a whole, such uses and accessory off-street parking and loading spaces incident to such commercial uses not to exceed one acre for each 100 dwelling units in the planned development.

(Reserved)[1]

Editor's Note: Former Subsection A(3), regarding conditional uses, was repealed 4-27-2009.

[Added 4-27-2009]

Superimposed district; effect on other provisions.

To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, the RPC District is created as a special district to be superimposed on other districts contained in these regulations and is to be so designated by a special symbol for its boundaries on the Zoning District Map.

The housing types, minimum lot requirements, maximum height, minimum yard requirements, accessory uses, parking requirements, and accessory signs shall be those of the underlying district or as determined by the requirements and procedure set forth in this section, which shall then prevail over conflicting requirements of these regulations or ordinances governing the subdivision of land.

This district shall only be used for mixed uses.

Minimum district area.

The minimum area for an RPC District under this section shall be as follows:

In the R District: 10 acres.

In the MR District: 10 acres.

[Amended 11-16-2009]

In calculating the minimum area for an RPC District, the measurement shall not include the area of any dedicated streets or alleys.

Ownership. The land in an RPC District need not be under single ownership, provided that proper assurances are given, through the procedures contained in this section or elsewhere in these regulations, that the project can be successfully completed. Units may be held in separate ownership if separate utility systems are provided.

Required procedures. The procedures for establishment of an RPC District and approval and amendment of the site plans are contained in § 275-40 and Article XI. The proposed development shall follow all applicable procedures, standards and requirements of the ordinance or ordinances and regulations governing the subdivision of land. No building permit shall be issued until a final plot of the proposed development or part thereof is approved, filed and recorded, with proof thereof returned to the Town.

Concurrent establishment with other districts. An application for approval of an RPC District may show and be processed concurrently with separate applications for establishment of a residential district in accord with regulations applicable to those districts. Establishment of the district boundaries shall be in accord with the procedures for changes and amendments contained in Article XI.

Review standards; conditions.

The Town Council shall review the conformity of the proposed development with the standards of the Comprehensive Plan and recognized principles of civic design, land use planning and landscape architecture. The minimum lot and yard requirement and maximum height requirements of the zoning district in which the development is located need not apply, except that the Town Council shall ensure an appropriate relationship between uses of high intensity or height within the RPC District and uses of low intensity or height, existing or future, outside the proposed RPC District and to this end may require that the regulations for minimum lots and yards and maximum height shall be complied with inside of at/or near the boundaries of the RPC District.

The Town Council may impose conditions regarding the layout and design of the proposed development and, where applicable, shall require the appropriate deed restrictions be filed to assure compliance with the development plan.

The Town Council shall review the location of proposed townhouses, multiple-family dwellings or commercial uses, where allowed, and shall determine the appropriate character of such uses.

The procedure for approval of an RPC District are the same as those prescribed for changes and amendments in Article XI.

A preliminary site plan shall be filed with Town Council. The preliminary site plan shall comply with the requirements of this chapter and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Town Council. The number of copies of the plan to be submitted shall be determined by the Code Enforcement Officer. Prior to review by the Town Council, the application and site plan shall be reviewed by the Planning and Zoning Commission for comments and recommendations to the Town Council.

[Amended 2-27-2006]

Procedure for RPC District site plan approval. Where the provisions of this chapter require the submittal of site plans for RPC Districts, the following schedule of procedure shall apply:

When the preliminary site plan is approved by the Town Council, it shall be returned to the Developer pending preparation of the final site plan by the applicant. If a schedule of construction phases has been approved by the Town Council, the first of the final site plans need cover only the designated initial construction phase, with an additional site plan for each of the scheduled succeeding construction phases.

The Town Council shall review the final site plan for compliance with the requirements of the Town Council and this chapter. The final site plan shall be amended in accordance with the requirements of the Town Council as approved by the Town Council and shall be placed on record after such approval.

No public hearing shall be required for approval of any final site plan unless changes in the final site plan significantly alter a provision of the preliminary site plan.

If required by the Town Council, a security bond shall be filed for or deposited in escrow with the Town in an amount sufficient to insure completion of requirements as may be imposed by the Town Council.

Number of dwelling units permitted. The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family or dwelling unit required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools, state wetlands or commercial use from the gross development area and deducting 25% of the remainder for streets or the actual area of proposed streets, whichever is less. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted. Maximum density shall not exceed four residential units per acre.

[Amended 11-16-2009]

Minimum lot area and width. The minimum lot area and minimum lot width of lots for detached single-family dwellings established within the development shall not be less than 2/3 of the normal minimum lot area and minimum lot width required for detached single-family dwellings in the district in which the lot is located. In no case shall a detached single-family lot be created with an area of less than 7,500 square feet or a lot width of less than 60 feet.

Requirements regarding parking and streets and driveways. Off-street parking shall be provided meeting the minimum requirements of these regulations or at least two/unit. Design and improvements of parking lots and garages shall also conform to these regulations and other applicable regulations or ordinances. Design, arrangement and improvement of streets and driveways shall conform to the ordinance or ordinances and regulations governing the subdivision of land.

Guaranty of completion. Before approval of a development plan, the Town Council may require a contract with safeguards approved by the Town Attorney guaranteeing completion of the development plan in a period to be specified by the Town Council in approving the site plan.

Schedule of construction. In approving an RPC District, the Town Council may adopt a schedule of construction. If such a schedule is adopted, no permits for construction shall be issued except in accordance with the adopted schedule. Where both single-family and multifamily dwelling types are part of the development or where nonresidential uses are part of the development, the schedule of construction may require concurrent construction of a given type, number or use in that proportion approved by the Council.

Incorporation of additional land area. If, after approval and recording of the final site plan, the permit holder desires to incorporate additional or after-acquired adjacent land area into the development plan, an informal conference with the Town Council shall be requested pursuant to Subsection E of this section for the purpose of outlining the scope of the application. If an application is filed for inclusion approval, the general procedural requirements of this section shall apply, with the application being deemed an application to extend or amend an existing RPC. Any application for an extension or an amendment of an RPC District to incorporate additional land area into a previously approved plan shall be considered within the parameter of the establishment of a new and separate RPC District.

Consideration of factors. In addition to the other provisions contained within this section, the approval of a Residential Planned Community shall include consideration of the following:

Integration of the proposed subdivision into existing terrain and surrounding landscape.

Minimal use of wetlands and floodplains.

Preservation of natural and historical features.

Preservation of open space and scenic views.

Minimization of tree, vegetation and soil removal and grade changes.

Screening of objectionable features from neighboring properties and roadways.

Provision for water supply.

Provision for sewage disposal.

Prevention of pollution of surface and groundwater.

Minimization of erosion and sedimentation, minimization of changes in groundwater levels, minimization of increased rates of runoff, minimization of potential for flooding and design of drainage so that groundwater recharge is maximized.

Provision for safe vehicular and pedestrian movement within the site and to adjacent ways.

Effect on area property values.

Preservation and conservation of farmland.

Effect on schools, public buildings and community facilities.

(15)

Effect on area roadways and public transportation.

Compatibility with other area land uses.

(17)

Effect on area waterways.

(18)

Whether, in the judgment of the Town Council, estimated costs to be borne by the Town cannot be met from available Town funds which reasonably may be anticipated to become available to the Town and applicable to subdivision purposes.

(19)

Whether, in the opinion of the Town Council, the estimated expense to the Town cannot be justified on the basis of estimated tax returns which would accrue to the Town within a reasonable period of time.

(Reserved)[2]

Editor's Note: Former Subsection O, regarding conditional uses, as added 3-27-2006, was repealed 4-27-2009.

§ 275-20 CRD - Cluster Residential District.

[Added 12-20-2004]

Purpose. The purpose of this section is to provide an overlay zoning district as a method of developing residential land for single-family residential lots and parcels in the R - Residential and the MR - Medium-High Density Districts which will preserve desirable open spaces, conservation areas, unique natural features, floodplains, recreation and park areas, and lands for other public purposes by permitting the reduction of lot sizes and certain regulations hereinafter stated without increasing the number of lots in the total area to be developed.

[Amended 11-16-2009]

Superimposed on district; effect on other provisions.

To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, the Cluster Residential District regulations are created as a special set of regulations to be superimposed on other districts contained in these regulations and is to be so designated by a special symbol for its boundaries on the Zoning District Map.

[Added 4-27-2009]

Regulations. Cluster development may be approved by the Town Council provided the following are adhered to:

All dwelling units shall be connected to approved and functioning sanitary sewer system and public water system prior to the issuance of a certificate of occupancy.

The minimum size of tract or parcel of land proposed for development under the cluster provisions of this section shall be eight acres for R - Residential Districts and five acres of MR - Medium-High Density Districts.

[Amended 11-16-2009]

The maximum number of residential lots for cluster development shall be computed on the basis of the permitted lot size for detached dwelling units as expressed in lot per acres for the district in which the land is located multiplied times the total tract acreage, including water areas, lands and buildings to be retained for historic purposes, and lands for open space or public purposes. Existing street rights-of-way, easement areas, and delineated wetlands shall be subtracted from the total tract acreage for the purpose of determining the maximum number of permitted lots. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded down to the nearest whole number.

Land area equal to a minimum of 25% of the parcel area of the land proposed for development shall not be included in lots or units but shall be set aside for open space uses such as conservation areas, floodplains, recreation and park areas. Land utilized for new street rights-of-way, easements, and/or stormwater facilities shall not be included as part of the above 25%. All streets within the development shall be dedicated to the Town or proper state authorities. The Town Council may approve the use of improved wet pond stormwater facilities as open space as long as such facilities also provide recreational and scenic amenities, such as fountains, seating areas, perimeter trails, etc., and that the ponds be appropriately integrated into the landscape by location and landscaping. In no case shall stormwater ponds comprise more than 25% of the total required open space for the project.

When subdivisions using the cluster provision consist of 10 or more lots or units, green open areas, "Greens," shall be provided within the development. A Green typically consists of 5,000 to 10,000 square feet in area, and shall be created and maintained as open space around which dwellings are arranged.

Open space areas, excepting Greens, shall be arranged to maintain contiguity with other designated open space areas or similar areas on adjacent lands in order to ensure the potential for a contiguous open space network throughout the Town.

At least 50% of the total number of dwelling units shall adjoin the required open space, or be directly across the street from such open space.

The minimum lot requirements for detached single-family dwelling units shall be as follows:

	Lot Size and Bulk Requirements
		Minimum
	Lot size	10,000 square feet
	Lot frontage	70 feet
	Lot depth	100 feet
	Side yard	10 feet
	Front yard	25 feet
	Rear yard	15 feet

Lands not contained in lots may be dedicated to the Town for public purposes, providing, however, that the Town has consented to such dedication, or held and maintained by a homeowners' association. Appropriate homeowner association documents must be drafted, reviewed and approved by the Town Solicitor prior to final plan approval. A plan for the management of the open space shall also be included in the homeowner association documents if the open space is not publicly dedicated; such open space shall be accepted by said homeowner association.

Property offered to the Town for open space or public purposes through cluster development shall meet the following requirements:

The minimum size of each parcel so dedicated shall be one acre.

If the lands so offered are for recreational purposes, they shall be improved by the developer and include equipment, walkways and landscaping in order to qualify open space for acceptance by the Town.

Any land offered to the Town shall be an integral part of the development and designed, located and improved to best suit the purpose(s) for which it is intended.

Every parcel of land offered to and accepted by the Town shall be conveyed to the Town by deed at the time final plan approval is granted by the Town. Said deeds shall contain restrictions stating to what use or uses such land(s) shall be restricted.

(e)

A landscaped buffer strip not less than 10 feet wide shall be provided along all lot lines which form a common boundary with any residential district or other zoning district. Such buffer strip shall be in addition to the open space minimum requirement.

(f)

The property offered to the Town shall be subject to review by the Town Council who, in their review and evaluation of the suitability of such property, shall be guided by the ability to assemble and relate such property to an overall plan, and by the accessibility and potential utility of such property. The Town Council may request an opinion from other public agencies or individuals as to the advisability of the Town's accepting any property to be offered to the Town.

(g)

Water features such as stormwater ponds, natural or man-made water bodies or wetlands shall not comprise more than 25% of the total open space area.

Before final approval, the Town shall require a contract setting forth the completion of the development plan in one or more stages. Failure to meet the agreed upon time schedule shall mean that no other sections of the development or new development by the same principles shall be considered by the Town until the section in default is completed.

No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities, and water and sewer facilities servicing the said structure are properly completed and functioning.

Procedures. A proposed subdivision or land development seeking to use the cluster option must first be presented and reviewed by the Town in a conceptual format prior to official submission for zoning and subdivision/land development approval. The Town will require and review a concept or sketch plan for compliance with the Comprehensive Plan and recognized principals of civic design, land use planning and landscape architecture. Should the Town find that the proposal meets the established criteria for cluster development, following the applicable zoning amendment procedures, a plan meeting the requirements for subdivision/land development review may be submitted for subdivision review and approval following the procedure established in Chapter 238, Subdivision of Land, of the Town of Dagsboro. Prior to review by the Town Council, the application and site plan shall be reviewed by the Planning and Zoning Commission for comments and recommendations to the Town Council.

[Amended 2-27-2006]

Ownership. The land in a Cluster Residential District need not be under single ownership, provided that proper assurances are given, through the procedures contained in this section or elsewhere in these regulations, that the project can be successfully completed. Units may be held in separate ownership if separate utility systems are provided.

(Reserved)[1]

Editor's Note: Former Subsection F, regarding conditional uses, as added 3-27-2006, was repealed 4-27-2009.

§ 275-21 TC - Town Center District.

[Added 11-20-2006]

Purpose. The intent of this district is to meet the needs of a mixed-use commercial area; preserve the existing mixed uses of the Town and encourage new construction to be compatible with setbacks and scale of existing structures, stabilize and improve property values in the community; foster civic beauty; strengthen the local economy and political unit; further the community's general welfare by continuing a uniformity in the exterior of all structures in the community; maintain a relationship between the exterior architectural features and color schemes of the structure, to the remainder of the structure and to surrounding structures; attain a general compatibility of exterior design, arrangement, texture and materials proposed to be used; encourage the continuation and establishment of small businesses, professions and skilled craft occupations in conjunction with residential uses. These regulations will make a substantial difference in creating a downtown area that people will want to reside within, visit, shop and work within.

Principal permitted and prohibited uses.

[Amended 9-22-2008; 6-4-2012; 5-20-2013; 1-24-2022]

Principal permitted uses on the land and in buildings:

Adult day-care centers.

Bed-and-breakfasts, provided one additional paved off-street parking space exists per bedroom, plus one space per employee, plus one visitor space.

Business and professional offices, law offices, insurance and real estate offices, banks, finance, utility company offices, and other professional offices.

Churches, schools, libraries, municipal buildings, museums, parks, playgrounds and community centers, fire departments and ambulance services, public service buildings and offices, and meeting places for nonprofit organization.

(e)

Craft and artisan studios include businesses that involve the preparation, fabrication and/or assembly of the crafts, artisan or art items for sale at the business location or the repair/alteration of items brought to the business for serving. These studios can include 1) pottery creation and sale, 2) art, crafts and decoration creation, 3) jewelry making, 4) book binding, and 5) carving and furniture fabrication or repair or restoration. This includes custom carpentry, provided that all activities are confined within a building.

(f)

Florist shops and garden supply stores.

(g)

Funeral homes.

(h)

Gift shops, antique stores, jewelry stores, toy and hobby stores, fabric and quilting stores, magazine, book, and stationery outlets, sporting goods, taxidermists, bicycle sales and service.

(i)

Grocery stores, fruit or vegetable stores, meat markets, delicatessens, drugstores, bakeries in conjunction with retail sales, coffee shops.

(j)

Home-based businesses, provided there is no outside storage of equipment, supplies or business vehicles.

(k)

Barber and beauty shops, shoe repair and tailor shops, repair shops for small appliances and small articles.

(l)

Theaters.

(m)

Lodges and fraternal organizations.

(n)

Medical and dental offices.

(o)

Neighborhood-scale retail.

(p)

Nursery schools or child day-care centers, provided the play area is fully fenced, that one parking space per employee is provided, and an adequate and safe passenger loading parking area is provided, plus parking for parent dropoff and pickup.

(q)

Nursing homes and graduate care facilities, provided one off-street parking space exists for each attendant or worker and one off-street parking space exists for each three patients to be cared for therein, plus parking for visitors.

(r)

Parks and open space, indoor and outdoor recreation facilities, commercial recreation, dance and sports studios.

(s)

Pet-grooming shops.

(t)

Pharmacies.

(u)

Restaurant and eatery requirements.

A minimum of 85% of the patron area must be dedicated as a permanent seated dining area.

Within the permanent seated dining area, service of alcoholic beverages may be provided only to seated patrons.

Stand-up consumption of alcoholic beverages is not permitted. No alcoholic beverages are permitted in any outside service area.

[7]

All windows and doors of any restaurant or eatery shall remain closed except for the passage of patrons when music or entertainment is being played.

[8]

[9]

[10]

A buffer two feet in width shall surround the outside service area, except where an entranceway exists. The buffer area shall be either solid fencing or a block or brick wall four feet in height with landscape plantings on the outside of the fence or wall for the remainder of the buffer area, or an evergreen planting of shrubs and/or trees four feet in height full from top to final grade, to visually screen the outside service area from general public view.

[11]

A restaurant may not serve alcoholic beverages before 11:30 a.m. or later than 10:00 p.m., or later than the time when the offering of complete meals in the permanent seated dining area ends, whichever is earlier.

[12]

Food service shall not be permitted before 6:00 a.m. or after 10:00 p.m.

(v)

Single-family dwellings and upper-level apartment or condominium flat units located above commercial business or uses.

(w)

Temporary removable stands, carts or farm wagons for seasonal and temporary sales of produce, handmade crafts, farm products and prepared food, provided that the business owner complies with the requirements of the Delaware Department of Health and submits to the Town a site plan indicating the type and location of the facilities and the proposed parking area, which site plan shall be required to be approved by the Town Council after a recommendation by the Planning Commission. Parking for the business customers shall not be within the right-of-way of the State of Delaware roadway or Town of Dagsboro streets. No business office or store is to be permanently maintained on the premises unless a separate approval is acquired for such use. Permitted periods of operation shall be from 8:00 a.m. to 8:00 p.m. from May 1 to November 30, annually.

(x)

Warehousing for products and goods sold on the premises, provided that the first 30 feet of any warehouse fronting on Main Street and Clayton Street be used for the sale of the goods produced or stored.

Uses specifically prohibited in the Town Center Zoning District:

Businesses that involve the production, storage, distillation, manufacturing, processing, distribution, and wholesale and retail sale of liquor, beer, wine, and hard cider are not permitted in this district.

No store that sells pornographic or other obscene materials shall be permitted.

Medical cannabis dispensaries or related businesses are not permitted.

Accessory uses permitted:

Private garage, garden or tool shed.

Shall be compatible in style and function with the principal use.

Minimum area and yard requirements for accessory uses and structures:

Requirement	Attached Accessory Building	Detached Accessory Building	Detached Garage
Location	Side and rear yards	Rear yard	Rear yard
Side corner setback	Same as principal	Same as principal	Same as principal
Side interior setback	Same as principal	5 feet	2 feet
Front yard setback	Same as principal	Same as principal	Same as principal
Rear yard setback	Same as principal	5 feet	2 feet
Distance from principle	N/A	10 feet	10 feet
Distance from dwelling on residential lot	N/A	20 feet	20 feet
Maximum height	Same as principal	15 feet	18 feet
Maximum lot coverage	Same as principal	25% of rear yard	25% of rear yard

Windmills or wind-powered generators (subject to § 275-26).

[Added 2-23-2009]

Building height.

No building shall exceed 35 feet in height.

Rooftop mechanical equipment shall be screened by extended parapet walls or other roof forms that are integrated with the architecture of the building.

Commercial buildings shall be designed to maintain the scale of the existing residential and commercial buildings presently located on the Main Street and Clayton Avenue.

Area and yard requirements.

Minimum:

Requirement	Single-Family	Multifamily above Commercial	New Commercial Uses in Existing Buildings	New Commercial Buildings
Lot size (square feet)	10,000*	5,000	5,000	5,000
Lot area per dwelling unit (square feet)	10,000*	2,000	N/A	N/A
Lot frontage (feet)	75	50	50	50
Lot depth
Each side yard setback (feet)	8	N/A	8	8
Front yard setback (feet)	10*	N/A	25	10
Rear yard setback* (feet)	25	N/A	25	25

	NOTE:
	*Review additional requirements below.

Single-family density. The overall single-family density shall not exceed three units per acre.

Maximum building size. The maximum building size allowed within the Town Center District shall be 20,000 square feet.

Lot coverage. No new building and/or new accessory use shall be constructed to cover more than 60% of the lot, and no existing building or structure shall be enlarged as to cover more than 60% of the lot.

Corner lots. Corner lots shall provide two front yards; and where there are dwellings located on both adjoining lots to the side, the front yard setback may be the average of the front yard setback of both these lots.

Front yard setbacks. Front yard setbacks shall be established by averaging of the setbacks of existing buildings located on either side of the lot to be developed. Where no buildings exist on either side of the lot to be developed, the average setback from the edge of the street to the building front of all buildings along the street shall be used to determine the maximum setback of the proposed development. Under no circumstances shall the established be less than 10 feet.

Side yard setbacks. Side yard setbacks may be waived so that the resulting space in said side yard may be utilized to create a continuous-appearing building, provided there is compatible design and the lot complies with all other requirements, including maximum coverage, parking, and access. However, suitable pedestrian access to parking located in the rear of the structure must be provided.

Minimum off-street parking.

One-family dwelling: two parking spaces.

Lodging houses: one space on lot per bedroom.

Apartment or condominium unit: two spaces for each dwelling unit.

Churches erected on new sites: one parking space on the lot for each 10 seats in the main auditorium, but existing churches and additions to or enlargements of churches existing at the time of passage of this section shall be exempt from this requirement.

New places of public assembly not existing of the date of enactment of this section, including auditoriums and theaters: one parking space for each four seats provided.

New institutions, lodges and other public and semipublic buildings shall provide 10 spaces for each 1,000 square feet of floor area.

New commercial business in an existing building:

One off-street parking area for every two persons operating the business with a minimum of one space per business.

One off-street parking space for each 200 square feet of floor space for customer service.

Each parking space shall not be less than 10 feet wide and no less than 20 feet long.

A off-street automobile parking area shall be provided on any lot which any of the prescribed uses are established. Such space shall be provided with safe vehicular access to a street or alley. Such parking areas and spaces shall conform to the requirements stated in § 275-35, Screen planting; off-street parking and loading; driveways.

In the Town Center District, parking spaces may be provided on a separate lot if located within 500 feet of the subject use or building. Two or more lot owners may join together in the provision of the required parking space.

Existing buildings not complying with off-street parking requirements may be remodeled, repaired and structurally altered; however, any enlargement of a structure, except as otherwise exempted above, shall require compliance with the required parking spaces for said enlargement.

Fee in lieu of provided parking space. Whenever the required number of parking spaces are not currently available on street and cannot be provided on-site in a manner that satisfies the requirements of this section, the applicant shall pay a fee in lieu of one or more required spaces, in an amount determined by the Town Council sufficiently equivalent to the estimated costs of establishing additional public parking spaces within the Town Center District. Such fee shall be kept in a dedicated fund to provide for municipal parking purposes and shall be used for such purposes.

Location of off-street parking. All off-street parking, to the extent possible, shall be located behind or to the side of the building. Parking spaces located in a side yard shall be screened from view. All parking areas shall be landscaped with trees and shrubs and shall provide at least one shade tree per 10 parking spaces.

Vehicular access between commercial lots. Vehicular access between commercial lots is required instead of individual parcel curb cuts. Adjoining parking areas must be connected directly to one another to a service drive or alley to reduce turning movements onto roads unless the Town Engineer determines that such connectivity access is not available and practical. The exact location and extent or cross access between lots shall be subject to review and approval by the Planning Commission.

(15)

For mixed-use developments, site plans must address the parking needs of the different users through design measures such as shared parking with time provisions and metered parking.

See § 275-35 (Subsections C, F and G) for additional off-street parking requirements.

Minimum off-street loading.

Each space shall be located so that any vehicle being loaded or unloaded or maneuvering into a loading space does not interfere with any other parking or loading spaces, driveways, aisles, fire lane or street right-of-way.

Signs. See §§ 275-68 through 275-75 for signage requirements.

Lighting.

All off-street parking lots shall designate traffic flow and parking spaces.

Outdoor lighting fixtures used to illuminate parking spaces, driveways, maneuvering areas, or buildings shall be fully shielded and designed, arranged and screened so that the point of light source shall not be visible from adjoining lots or streets.

Outdoor lighting shall be 12 feet or less in height except:

Lighting for parking or vehicle circulation areas may extend to a maximum height of 20 feet.

Building-mounted lighting directed back at a sign or building facade; or fully shielded lighting on above-grade decks or balconies.

The design and styles of lighting poles and/or fixtures must be compatible with the design and architectural style of the buildings and facilities illuminated.

Lighting fixtures must be approved by the Town Planning and Zoning Commission and determined to be compatible with the type of development proposed and the requirements of this subsection.

Site plan approval.

Site plans submitted for approval to the Planning and Zoning Commission shall comply with the following sidewalk specifications:

Direct pedestrian access walkway to the public sidewalk from each front or side building entrance.

Direct pedestrian access walkway to all adjacent properties with pedestrian walkways.

Pedestrian access walkways from buildings to parking areas, with extension of such walkways through the parking areas to adjacent streets or buildings.

Site plan review: See § 275-40.

Nonconforming structures and uses. See § 275-52A(4) for nonconforming use requirements.

§ 275-22 Lands zoned HR - High Density Residential.

[Added 11-16-2009]

By ordinance enacted November 16, 2009, the Town Council rescinded HR zoning classifications from Chapter 275. The lawful use of HR-zoned land that was the subject of a valid application for a preliminary site plan at the effective date of said ordinance may be continued and developed in accordance with the restrictions and requirements of former § 275-15, entitled "HR - High Density Residential District," as said section existed prior to the rescission and deletion of said section,[1] provided that the preliminary site plan or final site plan is validly approved and is not subject to the sunsetting limitations of § 275-40B(4) or F. The lawful use of HR-zoned land that was the subject of a valid approval for a preliminary site plan, final site plan or building permits at the effective date of said ordinance may be continued and developed in accordance with the restrictions and requirements of former § 275-15, entitled "HR - High Density Residential District," as said section existed prior to the rescission and deletion of said section, provided that the plan or permits are not subject to the sunsetting limitations of § 275-40B(4) or F. HR-zoned land that was not the subject of a valid application for a preliminary site plan at the effective date of said ordinance or which shall become the subject of the sunsetting provisions of § 275-40B(4) or F shall be determined to be land zoned MR - Medium-Density Residential and may only be developed in accordance with the restrictions and requirements of § 275-15, MR - Medium Density Residential District.