Town of Dagsboro, DE Article V General Provisions

§ 275-26 Accessory buildings and structures.

A. Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.

B. Definitions. The following definitions shall apply to this chapter:

[Added 6-19-2023[1]]

AGRICULTURAL BUILDING

A structure principally utilized for the storage of machinery used for purposes of crop production or for the shelter and feeding of livestock exemplified by, but not restricted to, barns, silos, water towers, windmills, and greenhouses.

[1] Editor's Note: This ordinance also redesignated former Subsections B through D as Subsections C through E, respectively.

C. Accessory buildings not to be constructed prior to principal buildings. No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not precede, or coincide with, the construction of the accessory building, the Code Enforcement Officer shall revoke the building permit for the accessory building until construction of the main building has proceeded substantially toward completion.

D. Distance between adjacent buildings. The minimum distance between buildings on the same lot shall be 10 feet.

E. Height and area of accessory building. Accessory buildings shall not exceed two stories or 25 feet in height and may not occupy more than 20% of the yard in which it is located or a maximum of 900 square feet, whichever is smaller, except that agricultural buildings are excluded from these requirements.

F. Location of an accessory building. Accessory buildings are permitted to be located within the rear and side yards of residential lots; however, no accessory building shall be permitted within the front yard of any residential property. Accessory buildings under 600 square feet are permitted to be a minimum of five feet from the property line, and those accessory buildings exceeding 600 square feet in area or 10 feet in height are required to meet the setback requirements for the principal dwelling.

[Added 6-19-2023]

G. Maximum area for an accessory building. An accessory building shall not exceed the following maximum allowable area for a single accessory building permitted on an individual lot within the table below and may not occupy more than 30% of the yard it is located in. Agricultural buildings are exempt from these requirements.

[Added 6-19-2023]

	Total Lot Area (square feet)	Maximum Permitted Floor Area for an Accessory Building (square feet)
	7,500 to 10,000	1,100
	10,001 to 12,500	1,200
	12,501 to 15,000	1,300
	15,001 to 43,560	1,500
	43,561 or more	2,000

H. Number of accessory buildings permitted. The maximum number of accessory buildings permitted on a single residential lot is three. The maximum coverage of the lot, including the principal building and all accessory buildings, shall be 30%.

[Added 6-19-2023[2]]

[2] Editor's Note: This ordinance also redesignated former Subsections E through F as Subsections I through J, respectively.

I. Location of parking. An accessory building or a private parking area shall not be located in any required front yard space, except that nothing shall prohibit an owner of a home from counting his driveway as one parking space per dwelling unit. If erected on a corner lot, it shall be set back from the side street to comply with the setback line applying to the principal building for that side street.

J. Windmills and wind-powered generators, private.

[Added 2-23-2009]

(1) Applicability. The requirements of these regulations shall apply to the erection, construction or installation of a private windmill or wind-powered generator in all areas now or hereafter located within the Town's boundaries. Roof-mounted windmills are prohibited in all zoning districts in the Town.

(2) Approving authority.

(a) It shall be unlawful for any person to erect, construct, install or operate a windmill or wind-powered generator for the purpose of creating electricity or energy within the corporate limits of the Town of Dagsboro without first securing the approval and building permit from the Town of Dagsboro.

(b) Owners of properties located within an airport approach zone defined by the Federal Aviation Administration shall be required to receive written permission from the FAA prior to applying for a permit within the Town.

(c) This Subsection J does not apply to windmills with a height of eight feet or less used for decorative purposes in the landscape as long as they are not connected to any apparatus for the purpose of creating or storing energy.

(3) Approved locations. The use of windmills is permitted in the Light Industrial District and as an accessory use in all other zoning districts within the Town of Dagsboro. Roof-mounted windmills are prohibited in all zoning districts in the Town.

(4) Requirements of approval. The following conditions apply to the erection, construction or installation of ground-supported windmills within the zoning district:

(a) The windmill shall be located on the same lot as the principal structure for which it is providing energy.

(b) No more than one windmill shall be permitted on any lot.

(c) The windmill tower or base shall be located in the rear of the property. For properties located on a corner lot, the rear of the property will be determined by lines parallel with the streets, drawn from the most rear corner of the principal structure.

(d) All principal parts of the windmill and tower shall be set back from all property lines of the lot on which it is located at a distance not less than 1.1 times the total height of the tower. This setback radius shall be referred to as the "fall zone."

(5) Inspections. The approving authority or its authorized agent(s) may make inspections during construction to determine compliance with these regulations. No part of any installation shall be covered until inspected and approved by the approving authority. Any part of the installation which has been covered prior to final approval shall be uncovered upon order of the approving authority. All electrical work will be inspected and approved by a certified electrical inspector.

(6) Application fees and requirements. All applicants seeking a building permit to construct, erect or relocate a windmill onto a parcel within the Town of Dagsboro shall demonstrate compliance with this chapter in an application provided by the Town, accompanied by the scheduled fee and the following documents:

(a) One copy of the typical specifications for the proposed structure, tower and windmill, including description of design characteristics and material;

(b) A site plan to scale showing property boundaries, tower location, tower height, guy wires, anchors and existing structures;

(c) Documentation that the tower is designed to withstand winds in accordance with all the applicable national building standards for such facilities and structures;

(d) A copy of the applicant's homeowner or rental insurance policy to ensure the applicant has proof of insurance for liability purposes. Proof of insurance must be submitted to the Town annually, no later than the last business day in January of each year.

(7) Approval process and hearings.

(a) Prior to review by the Town Council, the Planning and Zoning Commission shall review the proposal, determine whether or not the applicable standards provided by this chapter have been observed, note objections to such parts of the plans as do not meet the standards, make recommendations for desired changes, and be satisfied that the plan represents the most desirable alternative for the site in compliance with the chapter, and, when satisfied that the site complies with the requirements of this chapter, shall make recommendations to the Town Council with respect to the plan. The Planning and Zoning Commission shall make their recommendations to the Town Council regarding the plan within 90 days of the submission.

(b) A public hearing on the application shall be held by the Town Council at a regularly scheduled Town meeting. All residents within 300 feet of the site shall be notified of the application and date and time of the public hearing by certified mail at least 15 days prior to the date of the public hearing. The Town Council may disapprove, approve or approve, with conditions, the application. The decision and the rationale for the Council's decision, which may be expressed in the minutes of the meeting, shall be forwarded to the applicant. No permit shall be issued by the Code Enforcement Officer until the issuance of the Town Council's written approval. In the event the Town Council disapproves the plans, no building permit shall be issued. Any applicant wishing to make a change in an approved application shall follow the same procedure as that for the original application.

§ 275-27 Apartments; residential condominiums.

[Amended 12-22-2003; 9-28-2005; 2-27-2006; 11-16-2009]

Within any district allowing apartments, no apartment buildings or condominium buildings shall exist unless the following minimum standards are met in addition to the requirements in § 275-15, MR - Medium-Density Residential District, and until the site plan has been reviewed and approved by the Town Council.

A. The density shall not exceed four dwelling units per acre, minimum of five acres.

B. Each apartment and combined complex of apartments or condominium flats shall have a compatible architectural theme with variation in design to provide attractiveness to the apartment development which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features, and individual dwelling unit design such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights, and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each apartment or condominium flat.

C. Apartment building complexes may consist of any configuration that meets the yard requirements and does not exceed the following overall or component building lengths:

(1) Two hundred feet on one plane.

(2) Three hundred forty feet on any angle.

(3) Six hundred feet along the center line.

Buildings measured along the center line shall provide one opening at ground level at least every 250 feet. This opening shall be a minimum of 15 feet in clear width and height and at an elevation enabling emergency vehicles access through the opening.

D. Minimum yard areas shall be measured horizontally in feet and shall be measured away from the front, side, and rear of each building to the edge of the tract, a lot line, a street line, or the yard line of another building on the same tract. The total minimum distance between buildings shall be 40 feet. No building as measured radially from any corners shall be closer to any other building corner than the combined distances for the side yard requirements for each building. The combined distance of two side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width.

E. All parking facilities shall be on the same site as the building and within 150 feet of the nearest entrance of the building they are intended to serve and shall be provided in accordance with § 275-35.

F. Any development in excess of 10 apartments shall include improved recreation space at least equivalent to the building coverage. Such recreation space shall be located and improved as shown on the approved site plan and shall be at least 6,000 square feet in area, at least 75 feet wide and have a grade less than 5%.

G. The minimum square footage per unit shall be 1,400.

H. The following area dimension shall apply:

	Lot frontage:	100 feet
	Lot depth:	150 feet
	Front yard:	25 feet
	Side yard:	20 feet
	Rear yard:	20 feet
	Height:	35 feet
	Maximum lot coverage:	65%

I. There shall be a minimum of two bedrooms per apartment or condominium flat.

§ 275-28 Building permits and site plan approvals outstanding.

Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure, or part thereof, for which any building permit or site plan approval has been granted before the enactment of this chapter, provided that construction from such plan shall have been started within 60 days after the enactment of this chapter and shall be diligently and continuously pursued to completion. Otherwise, said approval shall be void. See § 275-40, Site plan review.

§ 275-29 Existing use.

Except as specified in § 275-34, Nonconforming uses, structures or lots, any uses, building, or structure existing at the time of the enactment of this chapter may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.

§ 275-30 Fences, walls and sight triangles.

A. In any district on a corner lot, sight distance triangles shall be required, in which no grading, planting or structure shall be erected or maintained along the street side more than one foot above the street center line.

B. No fence or wall, including an agricultural or living fence, shall be erected higher than six feet, except that fences in or around a utility or industrial use may be erected to a maximum of 12 feet in height.

C. A boundary fence or wall, including an agricultural or living fence, may be erected on any property used for residential purposes in any district on that side of the property which adjoins any property used for commercial or industrial purposes to a maximum height of not more than eight feet.

§ 275-31 Grading.

All lots being filled shall be filled with clean fill and/or topsoil to complete surface draining of the lot into local storm systems or natural drainage rights-of-way. No construction shall be permitted which creates or aggravates water stagnation or a drainage problem on adjacent properties.

§ 275-32 Lighting.

All parking areas and appurtenant passageways and driveways serving residential, commercial, public, office, industrial, or other similar uses having common off-street parking and/or loading areas and building complexes requiring area lighting shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. The lighting plan in and around the parking areas shall provide for non-glare lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated, shall average a minimum of 0.5 footcandle over the entire area, and shall be provided by fixtures with a mounting height not to be more than 25 feet measured from the ground level to the center line of light source, and spacing not to exceed five times the mounting height. Any other outdoor lighting, such as building and sidewalk illumination and ornamental light shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic, safety, and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval by the Planning and Zoning Commission.

§ 275-33 Motels and hotels.

A. Any motel or hotel that may be constructed on a lot or parcel of land must contain a minimum of at least 20 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. There shall be no separate single units of accommodation built. The minimum number of units of accommodation in any single building shall be 10.

B. Parking space of one space for each unit of accommodation where the motel is located shall be provided.

C. The height of any building or buildings shall not exceed 35 feet and shall be no more than two stories.

D. Separate buildings, or the use of a portion of the main building thereof, shall be permitted for accessory uses to any motel. Such separate buildings or parts of the main building shall be restricted to accessory uses customarily incident to the operation of a motel, such as rest rooms, offices, swimming pools, cabanas, meeting rooms, lounge, and restaurants which shall be permitted in such accessory building or portion of the main building thereof. These buildings shall have permanent walls and windows as may be necessary for ventilation. The complete sales transaction and delivery of merchandise shall be conducted inside the walls of the building.

E. All buildings in a single project shall conform to a single architectural style.

F. All open areas other than those areas used for parking purposes shall be landscaped and maintained by the owner of the motel.

§ 275-34 Nonconforming uses, structures or lots.

Except as otherwise provided in this section, the lawful use of land, buildings or structures existing at the date of the adoption of this chapter may be continued although such use does not conform to the regulations specified by this chapter for the zone in which such land, buildings or structures are located. Except as otherwise provided in this section, no existing buildings or structures devoted to a use not permitted by this chapter in the district in which such buildings or structures are located shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use, or structurally altered except in conformity with the regulations of this chapter for the district in which such buildings or structures are located. Also, land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.

A. Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner or if a nonconforming use of a structure, or a structure and land in combination, is discontinued or abandoned for 12 consecutive months. Thereafter the use of such building, structure and/or land shall be in conformity with this chapter.

B. Conversion to permitted use. Any nonconforming structure or use which has been changed to a conforming structure or use shall not be changed back again into a nonconforming structure or use.

C. Restoration.

(1) Any nonconforming structure or use which has been destroyed or damaged by fire, explosion, flood, windstorm, or other act of God shall be examined by the following three people: (1) Town Code Enforcement Officer; (2) the owner or an architect or engineer selected by the owner; and (3) a third person agreed to and paid in equal portions by the Town and the owner. If in the opinion of a majority of the above three people the damage is such that it is not repairable, it may be rebuilt only upon approval of a variance by the Board of Adjustment or it must meet the requirements of the district.

(2) In the event of a damaged or condemned structure where the damage is repairable in the opinion of the majority of the above three people, the nonconforming use may be rebuilt provided it does not exceed the height, area and volume of the original structure and the reconstruction shall commence within one year from the date the building was damaged or condemned and shall be carried on without interruption.

D. Repairs and maintenance. Such repairs and maintenance work as required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use.

E. Sale. Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided the other provisions of this section are met.

F. Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which does not meet all the yard requirements, may have additions to the principal building and/or construct an accessory building without an appeal to the Board of Adjustment provided: (1) the total permitted building coverage is not exceeded; (2) the accessory building and/or any addition do not violate any other requirements of this chapter, such as, but not limited to, height, setback, and parking.

G. Any vacant lot existing at the effective date of adoption or amendment of this chapter whose area or dimensions do not meet the requirements of the district in which the lot is located may have a building permit issued for a use permitted for that zoning district without an appeal to the Board of Adjustment, provided the building coverage limit is not exceeded, parking requirements are met, and the yard and height provisions are reduced by the same percentage that the area of such lot bears to the zone district requirements, except that no side yard shall be less than half that required by the chapter or five feet, whichever is greater, and no building shall be required to have a height less than one story or 12 feet.

H. Extension of use. A nonconforming use of a building or a nonconforming use of a nonconforming building may be extended either on the same lot or a contiguous lot under the same ownership at the time of enactment of this Subsection H if approved as a special exception by the Board of Adjustment, as provided in Chapter 275, Article VII, of this Code, subject to the following special requirements:

[Added 11-20-2006]

(1) The extension is for a use which is necessarily incident to the existing use.

(2) Such extension shall not encroach on any of the setback or yard requirements for the district in which the use is located.

(3) The estimated cost of any extension involved does not exceed 50% of the replacement value, as appraised by the Sussex County Board of Assessment, of the existing building to which it is incident.

(4) Such extension shall have a floor area not to exceed 50% of the floor area of the existing building to which it is incident.

(5) It will not impair the value of the adjoining property or adversely affect the character of the neighborhood.

(6) Only one extension shall be permitted by the Board of Adjustment during the life of the nonconforming use.

§ 275-35 Screen planting; off-street parking and loading; driveways.

A. For other than lots with single-family detached dwelling units, screen planting of a dense evergreen material not less than four feet in height shall be provided between off-street parking and loading areas and any lot line or street line except where a building intervenes or where the distance between the parking area and the lot line or street line is greater than 150 feet or where sight triangles bar screening. All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential district or use, and the front yards of adjacent industrial or office uses. Such screening may be by plants and/or fencing and/or brick or stone walls. In lieu of screen planting, a fence of woven lattice, decorative masonry wall, or cedar fence with a maximum of 3/4 inch spacing or any combination of plantings, walls and fences may be provided not less than four feet in height with fences and walls not more than six feet in height, maintained in good condition and without advertising. All fences and walls shall be landscaped. A minimum of one parking space per every 30 parking spaces shall be landscaped within the parking area with 1/2 said areas having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet in order to break the view of long rows of parked cars in a manner not impairing visibility. See § 275-30, Fences, walls and sight triangles.

B. Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and also be in accordance with § 275-32. No lights shall be higher than 25 feet, or the height of the building, whichever is less.

C. Surface and curbing.

(1) Off-street parking lots and loading areas together with their access aisles, driveways, and fire lanes shall not occupy more than 65%. All parking and loading areas and access drives shall be paved with an asphaltic or concrete material as determined by the Town Engineer and approved as part of the site plan approval. All parking areas regardless of size and locations shall be suitably drained and maintained.

[Amended 6-26-2004]

(2) All off-street parking and loading areas shall be provided with curbing or the equivalent so that vehicles cannot be driven onto required landscaped areas, buffer zones, and street right-of-ways and so that each parking lot has controlled entrances and exits and drainage control. Curbing or wheel stops shall be located to prevent any part of the vehicle from overhanging the street right-of-way, property lines, or internal sidewalks. Parking and loading spaces shall not be an extension of any street right-of way.

(3) All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.

D. Access. Entrance and exit driveways crossing the street line shall be limited to two along the frontage of any single street and their center lines shall be spaced at least 75 feet apart; handle no more than two lanes of traffic; be at least 100 feet from the street line of any intersecting street; and at least 10 feet from any property line. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners and the driveway connected with the street in the same manner as another street. Continuous open driveways in excess of 16 feet resulting in the elimination of curbing along streets shall be prohibited except that for commercial and industrial uses driveways of more than 16 feet may be permitted with the approval of the Town Council, but in no case shall a driveway more than 16 feet in width be permitted without provision for an island 15 feet long by four feet wide with a curb height of six inches.

E. Location of parking. Required off-street parking and loading spaces shall be on the same lot or premises with the use served regardless of the number of spaces required by this chapter. Off-street parking and loading may occupy front, side and rear yard areas subject to site plan approval by the Town Council but shall be no closer than either 20 feet to any street line or to the edge of any required buffer area outlined in § 275-36. No parking of vehicles shall be permitted in fire lanes, street, driveways, aisles, sidewalks, or turning areas. Nothing shall prohibit driveways for one-family dwellings from being considered one off-street parking space except that no portion of the driveway within the street right-of-way shall be considered as any portion of an off-street parking space.

F. Time for provision. All minimum requirements for off-street parking shall be met at the time of the erection, enlargement, alteration, or changed use for any main structure and shall apply to the entire structure whether or not the entire structure was involved in the erection, enlargement, alteration, or changed use.

G. The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle. Aisles providing access to parking spaces shall have the following minimum dimensions:

		For Parking Spaces 10 Feet Wide
	Angle of Parking	One-Way Aisle (feet)	Two-Way Aisle (feet)
	90°	22	25
	60°	18	20
	45°	15	20
	30°	12	18
	Parallel	12	18

H. Off-street loading spaces shall be located so that no vehicle waiting to be loaded or unloaded, maneuvering into a space, or parked in a space shall interfere with any parking space, sidewalk, street, fire lane, driveway, aisle, or other loading space.

§ 275-36 Performance standards.

A. (Reserved)[1]

[1] Editor's Note: Former Subsection A, Buffer, was repealed 8-27-2007. See now Ch. 276, Buffering, Screening and Landscaping.

B. Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as a result of the operation of such equipment.

C. Floodplain regulations:

(1) The purposes of these regulations are:

(a) To prevent the construction of improvements in the floodplains.

(b) To prevent encroachments on floodplains which would obstruct or constrict the area through which water must pass.

(c) To prevent pollution of watercourses during low or high water periods by preventing the placing or storing of unsanitary or dangerous substances in the floodplain, including private sewage disposal systems or materials that can float, are explosive, or are toxic to humans, animals or vegetation.

(2) Establishment of the floodplain. The boundaries of the floodplains are intended to be those areas as shown on maps prepared by the U.S.D.A., Soil Conservation Service, showing soil types, drainage and soil texture characteristics, and slope characteristics, except in those instances where contour data is available to more accurately define the floodplain boundary, said contour data shall be used to define the floodplain. All notations, references, and data shown on any of the above map sources are hereby incorporated by reference into this chapter and shall be as much part of this chapter as if it or they were fully described herein.

D. Glare. No use shall produce dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare will not become a nuisance to adjoining properties, adjoining districts, or streets.

E. Heat. No use shall produce heat perceptible beyond its lot lines. Further, no process shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams, or other watercourses.[2]

[2] Editor's Note: Former Subsection 511.6, Noise, which immediately followed this subsection, was deleted 5-23-2005 by Ord. No. 2005-1; 6-27-2005 by Ord. No. 2005-2.

F. Odor. Odors shall not be discernible at the lot lines or beyond.

G. Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may not be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse, or underground aquifer or otherwise render such stream, watercourse, or underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream, watercourse, or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.[3]

[3] Editor's Note: Former Subsection 511.9, Vibrations, which immediately followed this subsection, was deleted 5-23-2005 by Ord. No. 2005-1; 6-27-2005 by Ord. No. 2005-2.

H. Other standards. All other standards, including but not limited to: radiation, smoke emission, solid particle emission or steam or noxious gas emission shall be regulated by the Air Pollution Code of the State of Delaware and shall meet the maximum standards set forth therein.

§ 275-37 Principal use.

[Amended 11-20-2006]

Within residential districts, no more than one principal building and permitted nonhabitable accessory buildings may occupy or be constructed upon any lots of record, except multi-unit apartment or townhouse developments. Within the Town Center or Commercial District, more than one principal building and permitted nonhabitable accessory buildings may occupy or be constructed upon any lots of record.

§ 275-38 Service stations.

A. No service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any fire house, school, playground, church, hospital, public building or institution, except where such property is in another block or abuts another street which the lot in question does not abut.

B. All appliances, pits, storage areas, and trash facilities, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations, but shall be no closer than 50 feet to any future street line or 20 feet to any property line. All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of an enclosed building. New automotive parts or accessories for sale or used in the conduct of the business may be displayed during the business hours of the establishment but must be located at least 20 feet from any street or property line.

C. No junked motor vehicles or part thereof, or motor vehicles incapable of normal operation upon the highways, shall be permitted on the premises of any service station. It shall be deemed evidence of violation of this chapter if more than four motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building; excepting, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed and roofed building but a least 20 feet from any street or property line for a period of time not to exceed four days and providing the owners are awaiting repair of said motor vehicles.

D. 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.

§ 275-39 (Reserved) [1]

[1] Editor's Note: Former § 275-39, Signs, was repealed 8-28-2006. See now Art. XII, Sign Regulations.

§ 275-40 Site plan review.

[Amended 12-22-2003]

A. Review procedures.

(1) No building permit shall be issued for any residential, industrial, commercial, public or quasi-public structure or use until the site plan (see definition in § 275-8) has been reviewed and approved by the Town Council. For the purpose of assuring a good arrangement and appearance and insuring harmony with the Comprehensive Plan, site plans are required for all uses involving new construction, expansion, or intensification of existing use, unless otherwise subject to separate procedures, except a single-family dwelling on an existing platted lot.

[Amended 5-24-2004]

(2) Prior to review by the Town Council, the Code Enforcement Officer and the Planning and Zoning Commission shall review the proposal, determine whether or not the applicable standards provided by this chapter have been observed, note objections to such parts of the plans as do not meet the standards, make corrections and recommendations for desired changes to effect compliance with the chapter, and be satisfied that the site plan represents the most desirable alternative for development of the site in compliance with the chapter, and when satisfied that the site plan complies with the requirements of this chapter, shall make recommendations to the Town Council with respect to the site plan. Proposals requiring both a site plan approval and action by the Board of Adjustment shall be submitted first to the Town Council for site plan approval.

[Amended 2-27-2006]

(3) The owner or applicant shall submit black line prints, in a number to be established by the Town Council, to the secretary of the Town Council at least 15 days before the meeting at which discussion is desired together with six completed copies of the application form; provided, however, that an application for a building permit for single-family residential detached dwelling on an existing lot in a residential zone may be accepted by the Code Enforcement Officer with two black line prints and two copies of the application form. Within three days, the secretary of the Town Council shall transmit the file, including application, black line prints/site plan to the Code Enforcement Officer.

(4) The Code Enforcement Officer shall make his or her recommendations to the Town Council regarding the site plan within 90 days of the submission but not before the expiration of a thirty-day period. The Town Council may disapprove, approve or approve with conditions and return its decisions with its reasons to the applicant and the Code Enforcement Officer. No permit shall be issued by the Code Enforcement Officer until receipt of the Town Council's written approval. In the event the Town Council disapproves the plans, no building permit shall be issued. Any applicant wishing to make a change in an approved application shall follow the same procedure as the original application.

B. Preliminary site plan requirements.

(1) The preliminary site plan shall show the North point, scale and date.

(2) The preliminary site plan shall show the following:

(a) Plans (except those for one single-family dwelling on an existing lot) shall show the seal and signature of a registered Delaware land surveyor or registered professional engineer, and all drawings shall be on sheets no larger than 24 by 36 inches and at a scale of not more than 100 feet to one inch. All plans shall include accurate lot lines and location of structures certified by a licensed engineer or land surveyor.

(b) Geographical location, showing existing zoning district boundaries; small key map giving the general location of the parcel to the remainder of the Town; the site in relation to all remaining adjacent property owners and surrounding property within the distance of 200 feet of the applicant's property; tax map and parcel number; name of development; existing streets and street names; existing and proposed easements; and total acreage.

(c) Proposed changes in zoning, if any.

(d) Topographic contours at one-foot intervals, unless waived by the Town Council as clearly unnecessary to review the project or proposal.

(e) The location and nature of all proposed construction, excavation or grading, including but not limited to buildings, streets, sidewalks, parking and utilities.

(f) Net development area.

(g) The approximate number of dwelling units to be included in each type of housing: single-family dwellings, two-family dwellings, townhouses, apartments and/or number of units for other uses and their designation.

(h) Proposed buildings and structures, with dimensions, setbacks and heights designated and all dimensions required for confirming conformity to the Zoning Chapter, including an architect's drawing of each building or a typical building (exception one single-family detached dwelling on an existing lot) and showing front, side and rear elevations and proposed uses.

(i) The approximate location and size of nonresidential areas, if any (parking areas, loading areas or other), including buffer areas, landscaping and existing wooded areas.

(j) The approximate location and size of recreational areas, if any.

(k) The approximate location of point of ingress and egress to existing public highways.

(l) The number of construction phases proposed, if any, with the plot showing the approximate boundaries of each phase and the proposed completion date of each phase.

(m) The location of all wetlands (both state and federal) shall be indicated, in order to facilitate compliance with state and federal wetlands requirements.

(n) The location of the one-hundred-year floodplains based on current Flood Insurance Rate Maps.

(o) The name and address of the owner and developer of the property as well as the name, address and title of the person(s) preparing the plan.

(3) The Town Council may establish additional requirements for preliminary site plans and Town Council may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.

(4) Sunsetting of preliminary plan approval.

[Added 10-27-2008]

(a) Any preliminary site plan or preliminary subdivision plan approved by the Town Council shall be rendered null and void at the expiration of two years from the date of approval of the preliminary site plan approval by the Council if the applicant has not proceeded to acquire final site plan or subdivision plan approval from the Council. The Council may, upon a showing of substantial efforts by the applicant toward acquisition of permits, grant a one-year extension. In the event that a one-year extension is granted, the preliminary site plan shall become null and void at the expiration of the one-year term.

(b) Any preliminary site plan or preliminary subdivision plan approved prior to October 27, 2008, shall be rendered null and void within two years from October 27, 2008, if the applicant has not acquired final site plan or subdivision plan approval from the Council. The Council may, upon a showing of substantial efforts toward acquisition of permits by the applicant, grant a one-year extension. In the event that a one-year extension is granted, the preliminary site plan shall become null and void at the expiration of the one-year term.

C. Final site plan requirements.

(1) The final plot shall comply with all existing laws, regulations and ordinances governing the approval of subdivisions and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of construction permits. The final site plan shall show the North point, scale and date. The scale and requirements shall be as specified in Subsection B.

(2) The final site plan shall show the following:

(a) The requirements established for preliminary site plans in Subsection B.

(b) The geographical location, showing the existing zoning district and boundaries; the boundaries of the property involved, the location of all existing easements and property lines, existing streets, buildings or waterways and other existing physical features in the project; and the location and sizes of sanitary and storm sewers, water mains, culverts and other underground structures in or near the project.

(c) The net development area.

(d) The number of dwelling units to be included in each type of housing: single-family dwellings, two-family dwellings, townhouses, apartments.

(e) The location and character of construction of proposed streets, alleys, driveways, sidewalks, curb cuts, entrances and exits, parking and loading areas, including numbers of parking and loading spaces, outdoor lighting systems, storm drainage and sanitary facilities.

(f) The location of proposed lots, setback lines and easements and proposed reservations for parks, parkways, playgrounds, school sites and open spaces.

(g) The location, with respect to each other and to lot lines and height, of all proposed buildings and structures, accessory and main, or major excavations. The locations should be drawn to scale, and full dimensioning is required.

(h) The plans and elevations of the several dwelling types and other buildings, as may be necessary.

(i) The location, height and material of all fences, walls, screen planting and landscaping.

(j) The proposed location and character of nonresidential uses, commercial or industrial uses, accessory or main.

(k) The location, character, size, height and orientation of proposed signs.

(l) A tabulation of the total number of acres in the project, gross or net, as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools and other reservations.

(m) A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross or net, as required by district regulations.

(n) The location of all wetlands (both state and federal) shall be indicated by legal description with bearings and distances with each flag point numbered. A signed and dated statement by an experienced qualified professional shall be provided verifying the accuracy of the delineation. If the site contains no wetlands, then the plan must contain the appropriate statement for the same professional. Building lots containing wetlands shall be identified by a notation stating that "construction activities within these sites may require a permit from the United States Army Corps of Engineers or the State of Delaware."

(3) The Town Council may establish additional requirements for final site plans and may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.

D. Amendments and additions to site plans. The procedure for amendment of the boundaries of an approved RPC District or for an amendment to any previously approved site plan shall be the same for a new application except that minor amendments of an approved site plan or of conditions attached to an approved RPC District may be recommended for approval by Town Council at a meeting and without a public hearing, provided that such change or amendment:

[Amended 4-27-2009]

(1) Does not alter a recorded RPC plat.

(2) Does not conflict with the specified requirements of this chapter.

(3) Does not change the general character or content of an approved development plan or use.

(4) Has no appreciable effect on adjoining or surrounding property.

(5) Does not result in any substantial change of major external access points.

(6) Does not increase the approved number of dwelling units or height of buildings.

(7) Does not decrease the minimum specified yard and open spaces or minimum or maximum specified parking and loading spaces.

E. Purpose. In any event, the standards designated elsewhere in this chapter shall be for the general purpose of:

(1) Enhancing the neighborhood.

(2) Providing adequate access and off-street parking and loading facilities for owners, residents, employees and visitors.

(3) Preventing uses which may or may not tend to endanger life or property or create hazards from fire, explosion, radiation or produce objectionable smoke, heat, glare, vibration, or noise, whether or not any of such hazards are confined to the property shown on the site plan.

(4) Requiring that all raw materials, fuel, goods in process, finished goods, machinery, equipment, trucks and other motor vehicles shall be confined within areas which are either housed or screened from public view from abutting street or adjoining residential properties.

(5) Prohibiting the emission of noxious, toxic or corrosive fuels, gases or odors or the exhaust of waste into the air or dust or other substances.

(6) Providing off-street parking areas which shall meet the construction standards set forth in § 275-35.

F. Sunsetting of site plan approval.

[Added 5-24-2004]

(1) A site plan shall be recorded in the office of the Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware, within 90 days after final approval of the Town Council.

(2) Any site plan approval granted by the Town Council subsequent to the effective date of this section shall be rendered null and void if substantial construction has not commenced thereon within five years of the date of recordation of a final plat pursuant to this section.

(3) Any site plan approval granted by the Town Council after October 18, 1994, and prior to the effective date of this section shall be rendered null and void if substantial construction is not commenced thereon within five years of the effective date of this section.

(4) Any site plan approval granted by the Town Council after October 18, 1994, and prior to the effective date of this section but for which a final plat has not yet been recorded, shall be rendered null and void if substantial construction is not commenced thereon within five years from the date of recordation of the final plat pursuant to Section F(5).

(5) Any site plan lawfully existing on or before October 18, 1994, shall be rendered null and void if substantial construction is not commenced thereon within five years of the effective date of this section.

§ 275-41 Swimming pools.

A. Private residential swimming pools shall adhere to the following standards:

(1) All pools shall be located in the rear yard areas. Pools shall occupy no more than 25% of the rear yard area or a maximum of 800 square feet as measured along the surface of the water, whichever is smaller.[1]

[1] Editor's Note: Former Subsection 2, restricting location of pools in regard to lot lines, which immediately followed this subsection, was deleted 6-19-2000.

(2) In case of a corner lot, a permanent private swimming pool shall not be constructed, erected, installed or maintained closer to the side street line than the prevailing setback line on that street.

(3) The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or any annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.

(4) Accessory swimming pools, open and unenclosed, may occupy a required rear yard, provided that they are not located closer than six feet to the rear lot line. A walk space at least three feet wide shall be provided between pool walls and protective fences or barrier walls. Every swimming pool shall comply with the adopted International Building Code,[2] as amended, pertaining to pool safety.

[Amended 6-19-2000; 10-27-2008]

[2] Editor's Note: See Ch. 75, Building Construction, Part 2, Building Code.

(5) No sound amplifying system shall be used with a private swimming pool.

B. Swimming pools, public or private, intended for use by members or the public shall adhere to the following:

(1) Said pools shall be located within a lot area of a minimum of one acre, and within such area may also be located terraces, changing houses, refreshment stand and similar accessory uses.

(2) The pool shall occupy no more than 20% of the lot area. Said area shall include total water surface, including separate wading pools, swimming tanks, and diving tanks.

(3) No edge of any pool or separate swimming tank shall be closer to any property line than 50 feet.

(4) Swimming pools shall be enclosed according to the adopted International Building Code, as amended.[3]

[Amended 10-27-2008]

[3] Editor's Note: See Ch. 75, Building Construction, Part 2, Building Code.

(5) The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. All standards used for exterior lighting shall not exceed 25 feet in height and shall be no closer than 25 feet to the edge of any pool. All lighting shall be in compliance with the applicable National Electrical Code.

(6) All pools shall be constructed below the surface of the ground except that for a period not to exceed one swimming season, any public pool may be erected above ground after which such pool shall be located below ground if it remains on the same tract.

(7) All pools shall be landscaped to effectively screen the view and noise of the pool from neighboring properties.

(8) All loud speakers or public address systems shall be located on or in the immediate area of the pool and be directed so that said speakers are not directly aimed at any adjacent residential buildings.

(9) One off-street parking space shall be provided for every 30 square feet of water surface.

§ 275-42 Townhouses.

[Amended 12-22-2003]

A. Not more than four townhouses shall be attached to produce one overall structure. The density shall not exceed four dwelling units per acre. Minimum tract size shall be five acres. The total length of all buildings in a block shall not exceed 165 feet.

[Amended 11-16-2009]

B. An overall structure shall have a compatible architectural theme but the appearance of each townhouse shall be distinct from adjacent units by using such techniques as:

(1) Varying unit widths;

(2) Providing different exterior materials;

(3) Changing the roof lines and roof designs; and/or

(4) Changing the types of windows, shutters, doors, and exterior colors.

C. Building setbacks shall vary so that not more than two adjacent units shall have the same setback; the minimum front setback shall be 10 feet. Any variation in the setback shall be at least three feet. No townhouse shall be closer than 10 feet to the edge of any off-street parking facility or to the future right-of-way of the street.

D. No townhouse shall be less than 20 feet wide. Fire walls of concrete or cinder block material shall be constructed between all dwelling units and shall extend up to the roof sheathing with a solid ridge line in all instances except where the roof line is off-set, the fire wall shall extend at least six inches above the roof sheathing.

E. Any development in excess of 12 townhouses shall include improved recreation space at least equivalent to the building coverage. Such recreation space shall be located and improved as shown on the approved site plans and shall be at least 6,000 square feet in area, at least 75 feet wide and have a grade less than 5%.

F. The standards set for the construction of apartments in § 275-27D, E and F of this chapter shall also apply to townhouses.

G. The minimum square footage per unit shall be 1,400.

H. The following area dimension shall apply:

	Lot frontage on street:	100 feet
	Lot frontage per lot:	20 feet
	Lot depth:	125 feet
	Front yard:	10 feet
	Side yard:	20 feet
	Rear yard:	20 feet
	Height:	35 feet
	Maximum lot coverage:	N/A

§ 275-43 Yards cannot be used by another building.

No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of the chapter shall be considered as providing the yard provisions for another principal building.

§ 275-44 Yards.

Front yards shall be measured from the street line as defined in this chapter. On a lot which extends through a block in a manner resulting in frontage on two or more streets, including corner lots, the building setback from each street, whether considered the front, side, or rear yard, shall not be less than the required depth of a front yard in the district in which said lot, or applicable portion of the lot, is located.

§ 275-45 Satellite antennae.

No satellite antenna shall be installed, constructed or erected upon any property within any district located within the Town of Dagsboro 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 and for which antenna a building permit has been issued.

B. A satellite antenna shall be permitted only in the rear or side yard and no lot shall contain more than one satellite antenna.

C. A satellite antenna shall be permitted only as a freestanding structure.

D. There shall be rear and side yard setbacks in compliance with rear and side yard setbacks for accessory buildings in the district in which the property is located. The setbacks shall be measured from the widest part of the satellite antenna.

E. Any permitted satellite antenna shall not have a surface receiving area greater than 12 feet in diameter.

F. Each satellite antenna shall be designed in compliance with the American National Standards Institute Standard A58.1, American Nation Standard Building Code Requirements for Minimum Design Loads in Buildings and Other 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 or any governmental entity having jurisdiction over such antennae, 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 subsection.

§ 275-46 New construction; temporary structures by permit.

[Added 11-11-1996]

It shall be unlawful for any person to construct, erect, install or place or cause or permit to be constructed, erected, installed or placed upon any property within the Town any structure or shelter, permanent or temporary, unless accomplished within the provisions of this section:

A. Any permanent structure must be of new construction only.

B. Temporary shelters or construction used in connection with and while construction on the premises is in progress.

C. Temporary structures or shelter to be used in connection with a private social gathering or a private social event for a maximum period of time not to exceed 72 hours.

D. Temporary commercial structures or shelters while construction on the premises is in progress for the purpose of conducting business on the premises. (See §§ 275-14C, 275-15B, 275-16B, 275-17B, 275-18A, 275-19A and 275-20B to provide for the placement of temporary structures or shelters for conducting construction business for a period not to exceed 18 months in all zoning districts.)

[Amended 4-27-2009]

E. When the temporary structure or shelter is permitted pursuant to provisions of this section, the owner of the property shall file an application with the Code Enforcement Officer on forms supplied by the Code Enforcement Officer at least 24 hours prior to the placement of the temporary structure or shelter upon the property, stating the location of the property, the date the temporary shelter or structure will be placed upon the property, the type of structure, the purpose for which it is being placed upon the property and the date the temporary shelter or structure will be removed from the property. Upon the filing of the application, the Code Enforcement Officer shall endorse his or her approval upon the application, if it complies with this section, or his or her disapproval with the reason or reasons therefore.

F. For the purposes of this section, each day or part of the day a violation continues shall be deemed a separate offense.

§ 275-47 (Reserved) [1]

[1] Editor's Note: Former § 275-47, Conditional uses, as added 11-11-1996, was repealed 4-27-2009.