[Amended 5-14-2018; 9-14-2020]
A. 
Residential and residential mix zones. The Table of Dimensional Regulations for the OS, R-1, R-2, R-2(H), R-3, R-3(H), R-4, R-4(H), R-5, LC, LC(H), AX-RES, and AX-MIX Zones is included as an attachment to this chapter.
B. 
Nonresidential zones. The Table of Dimensional Regulations for Nonresidential Zones is included as an attachment to this chapter.
[Added 5-14-2018]
A. 
Permitted residential units. Dimensional regulations for the AX-RES and AX-MIX Zones vary by type of use and lot design as listed in the Table of Dimensional Regulations for the AX-RES and AX-MIX Zones included as an attachment to this chapter. Use the following provisions to determine how the regulations apply:
(1) 
For all developments, except those using Cluster Lot Option (No. 1 or No. 2), refer to the applicable dimensional requirements in the Table of Dimensional Regulations attached to this chapter that apply.
(2) 
If the proposed development uses Cluster Lot Option (No. 1 or No. 2), determine Permitted Residential Units as follows:
[Amended 8-12-2019]
(a) 
Use following formula (Note: Convert all values into square feet.) to determine Base Permitted Residential Units:
[Gross Tract Area - [Area of Tidal Waters + Area of Tidal Wetlands]]
=
Base Permitted Residential Units
21,760
(b) 
An application for either Cluster Option must include a wetlands delineation report and mapping or verification that no wetlands exist on the property in accordance with $ 197-74, Wetlands.
(c) 
Determine maximum Permitted Residential Units as follows:
•
If using Cluster Lot Option No. 1, maximum Permitted Residential Units = Base Permitted Residential Units
•
If using Cluster Lot Option No. 2, maximum Permitted Residential Units = Base Permitted Residential Units + 30% Base Permitted Residential Units
The Permitted Residential Units provides an estimate for defining the maximum number of Permitted Residential Units using Cluster Lot Options. The actual number of residential units that can be constructed will be based on the creation of a site plan that meets all of the requirements defined below in Cluster Lot Option design requirements.
(d) 
Refer to the applicable dimensional requirements listed under the Table of Dimensional Regulations attached to this chapter that apply to the Cluster Lot Option (No. 1 or No. 2).
B. 
Cluster lot option design requirements. Lot design and site layout shall comply with the following criteria:
[Amended 8-12-2019]
(1) 
All lots shall be configured to be contained completely outside of all wetlands as defined by this ordinance.
(2) 
Agricultural buffer. A forested buffer area, designed and maintained in accordance with § 170-26 of Chapter 170, Subdivision and Land Development, and Chapter 177, Trees, of the Code of the City of Lewes, with a minimum width of 30 feet shall be provided for lots abutting an agricultural area.
(3) 
Existing residential buffer. A proposed development adjacent to an existing residential development shall provide adequate transition in density or shall provide a minimum thirty-foot buffer along the shared property line meeting one of the following standards and maintained by a designated entity.
(a) 
A planting strip within the required thirty-foot buffer consisting of a mix of canopy trees, understory trees, and shrubs to provide a functional screen between the developments, or
(b) 
A landscaped rolling berm at least four feet in height within the required thirty-foot buffer, or
(c) 
A solid fence or wall designed with durable materials, texture and colors compatible with the adjacent residential development. The fence or wall will be set back at least five feet from the shared property line, with suitable landscaping on both sides.
(4) 
Wetlands buffer. A minimum of 25 feet of permanent buffer must be maintained around the outer boundaries of all wetlands, except for tidal waters, tidal tributary streams and tidal wetlands and from the ordinary high-water line of perennial nontidal rivers and nontidal streams where a fifty-foot permanent buffer is required. No building or paving shall be placed within these buffers. The buffer zone shall be maintained in a natural vegetation, but may include planted vegetation where necessary to protect, stabilize or enhance the area. Buffers shall be designed and maintained in accordance with § 170-26 of Chapter 170. Subdivision and Land Development.
(5) 
Buffer width averaging. Required buffer zones around a wetland may be modified by averaging buffer widths. Width averaging shall be allowed only where the applicant demonstrates all of the following:
(a) 
That buffer width averaging will not adversely impact the functions and values of the buffer; and
(b) 
That the total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging; and
(c) 
In no instance shall the buffer width be reduced by more than 50% of the standard buffer or be less than 20 feet unless it would deny reasonable use of the affected property.
(6) 
Corridor buffers. For proposed developments along a marked state road or designated Historic Lewes Byway (New Road, Pilottown Road/Front Street, Savannah Road, Kings, Highway, Gills Neck Road, and Cape Henlopen Drive), the following shall be used to create a visual buffer:
(a) 
Buffer width: between the right-of-way and applicable property lines:
[1] 
Where there are no established individual lots, a seventy-five-foot buffer is required, measured from the applicable road right-of-way to the near face of the adjacent structure; or
[2] 
Where individual lots are established, a sixty-foot buffer is required, measured from the applicable road right-of-way to the near property line; or
[3] 
Where there is a street between the structure and the corridor (State Road) a sixty-foot buffer is required, measured from the applicable road right-of-way to the near edge of the street.
(b) 
Buffer treatments. Within the required buffer, the following are permitted to provide screening from the roadway and can be no closer to the right-of-way than 25 feet:
[1] 
A planting strip within the required buffer, consisting of a mix of canopy trees, understory trees and shrubs to provide a functional screen; or
[2] 
A landscaped rolling berm at least four feet in height within the required buffer; or
[3] 
A solid fence or wall designed with durable materials, texture and colors compatible with the adjacent residential development. The fence or wall will be suitably landscaped on both sides.
(7) 
Homes are to be clustered on the environmentally suitable portions of the tract, specifically those portions of the tract least encumbered by sensitive environmental features.
(8) 
Stormwater management shall be designed to promote groundwater recharge and protect groundwater quality. Natural drainage flows shall be maintained to the greatest extent possible. Drainage from rooftops shall be directed to vegetated areas or allowable green technology. Stormwater detention and retention facilities should be designed to resemble natural ponds as referenced by the Department of Natural Resources and Environmental Control (DNREC) in the National Resource Conservation Service (NRCS) Pond Code 378. Visual Resource Design.
C. 
Required open space shall comply with the following criteria:
(1) 
All required open space must meet the definition of permanent open space as defined by this ordinance.
(2) 
All required open space shall be located on one contiguous tract of land, except that such open space may be separated by water bodies and a maximum of one street.
(3) 
At least 30% of the contiguous portion of required open space must be useable land that does not contain any wetlands (tidal or nontidal).
[Added 8-12-2019[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection C(3) through C(6) as Subsection C(4) through C(7), respectively.
(4) 
If one of the following physical conditions exists, adjacent to the proposed cluster development tract, at least 30% of all required open space must be adjacent to:
(a) 
An existing or officially planned public park.
(b) 
Land preserved by easement or other property restrictions, or land preserved as open space and in municipal, county, state, or federal ownership.
(c) 
Existing wetlands, waterways, wildlife corridors, or other ecology sensitive land.
If more than one of these physical features exist on adjacent properties, then one of these features will be identified and utilized to satisfy this requirement.
(5) 
If the open space is proposed to be dedicated to a municipal, county, state or federal agency or a homeowners' association, an agreement shall be provided, in advance, stipulating that such entity agrees in advance to acceptance to that dedication to maintain that land for public recreation of a nature preserve.
(6) 
If a trail system or pedestrian pathway network is included in a cluster development, portions that meet the following criteria can be counted toward open space:
(a) 
Segments that are designed to interconnect to an adjacent trail, adjacent neighborhood, adjacent commercial area, or adjacent public open space; and
(b) 
Trail construction materials shall be all-weather and pervious in nature.
(7) 
Uses that cannot count toward open space:
(a) 
Parking areas.
(b) 
Sewage or water treatment facilities.
(c) 
Structural development, including buildings and stormwater management basins, spillways, and level spreaders, shall not be calculated as part of the minimum required common open space area. Certain facilities, such as stormwater recharge facilities designed as permanent retention ponds, may be allowed to count towards open space.
D. 
Review procedures for cluster development.
(1) 
The applicant must submit a plan depicting to scale potential lots, streets, storm drainage facilities, the location and uses of all open space, the extent of existing wooded areas, wetlands and waterways, as well as the location of any historical or cultural resources. However, the plan is not required to contain the same level of engineering detail nor reports required for a subdivision plan.
(2) 
The Municipal Planner may waive this requirement when the proposed development does not contain significant natural features or resources.
(3) 
The information submitted shall include a plan for the management of all open space.
(4) 
The applicant shall use the plan to designate compliance with the provisions of this section including the location of proposed lots. The maximum number of dwelling units allowed on a cluster development tract shall not be greater than the maximum Permitted Residential Units as defined within this section.
(5) 
The plan shall be used for the purposes of determining maximum density allowed under a cluster development. This does not replace the submission of a full subdivision plan with the application for a subdivision as defined in Chapter 170.
E. 
Additional review procedures for Cluster Option No. 2.
[Added 8-12-2019]
(1) 
In addition to the information required for plan submittal listed above, as part of the preliminary consent review, the applicant shall provide the following information when using Cluster Option No. 2:
(a) 
Tree/vegetation/view shed report: a report from a registered arborist or landscape architect identifying the following:
[1] 
Location, type and size of all existing trees or tree stands with an emphasis on native trees, and a notation of whether each such tree or tree stand is to be preserved, replaced or removed; and
[2] 
An assessment of defined (within City plans) or identified scenic viewsheds.
(b) 
Landscape plan: a conceptual landscape plan, prepared by a registered landscape architect, for the site in accordance with § 170-26D of the City Code.
[Amended 5-23-2022]
[Amended 9-14-2020]
A. 
Eligibility regulations.
(1) 
Applicable districts. Lot averaging is permitted in the R-2 Residential Low Density District as a major subdivision only when all requirements of this section have been satisfied.
(2) 
Ownership. The lot shall be held in single and separate ownership or, in the case of multiple ownership, shall be developed according to a single plan with common authority and responsibility.
(3) 
Minimum number of lots. A minimum of four lots must be proposed to be eligible for this design option.
(4) 
Dwelling type permitted. The lot averaging regulations of this article are permitted only for the development of single-family detached dwellings.
B. 
Lot averaging requirements.
(1) 
The average lot size for all lots within a development using this design option shall be equal to or greater than the required minimum lot size (10,000 square feet) for detached dwellings in the R-2 District.
(2) 
Any applicable floodplain, critical area zones, wetland or buffers requirements that are in place for R-2 will also be applicable to a development using the lot averaging development option.
(3) 
The remainder of the lots shall comply with the lot area and other dimensional requirements specified below for lot averaging in the R-2 District (all other dimensions from the Table of Dimensional Requirements[1] remain if not listed below):
(a) 
Minimum lot area (square feet): 7,500.
(b) 
Minimum street frontage (feet): 60.
(c) 
Lot width (feet): 60.
(d) 
Lot depth (feet): 75.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(4) 
No lot of such size as to be capable of further subdivision shall be included in determining the number of lots within the development lot to be developed using the lot averaging regulations of this article, unless its further subdivision is precluded by a deed restriction or restrictive covenant in form and content acceptable to the City Solicitor, and recorded contemporaneously with the recording of the final plan, and such preclusion is noted on the face of both the preliminary plan and the final plan approved by City Council.
(5) 
A yield plan shall be submitted demonstrating that the use of lot averaging will not yield more lots than a design not utilizing lot averaging.
C. 
Review procedures for lot averaging development.
(1) 
Preliminary subdivisions approved utilizing lot averaging shall not be recorded by phases unless such phases individually or together as cumulative, contiguous parcels satisfy the requirements of this section.
(2) 
Roadways and stormwater management facilities shall not count toward the calculations for lot size averaging.
A. 
"Accessory buildings and structures" shall be defined as a building or structure customarily incidental or subordinate to and accessory to the principal building or structure and located on the same lot as the principal building or structure; provided, however, that any accessory building or structure shall not exceed 900 square feet for the first floor, shall adhere to the dimensional regulations found in § 197-52B, and shall not have any of the following facilities:
(1) 
Cooking facilities, including stoves, ovens, ranges, wood, coal, microwave or any other type of appliance which is or could be used for the preparation of food, are prohibited.
(2) 
Toilet rooms, including a toilet or commode, bidet, shower, tub unit or any other similar facility, are prohibited, except that any accessory building may have one sink with running water.
(3) 
Sleeping facilities, including, but not limited to, beds, sleep sofas, hammocks or any other sleeping apparatus which is or could be used for sleeping purposes, are prohibited unless stored in such a manner so as not to be available for sleeping purposes.
B. 
Accessory buildings and structures shall adhere to the following dimensional regulations. [The Table of Dimensional Regulations for Accessory Buildings and Structures is included at the end of this chapter.]
(1) 
Exceptions:
[Added 1-9-2023 by Ord. No. 14-22]
(a) 
Through lots. The required front yard opposite the street address shall function as a rear yard related to accessory buildings and structures.
(b) 
Shipcarpenter Sq. Development. Shipcarpenter Sq. street shall function as a rear yard as it relates to accessory buildings and structures.
[Amended 5-20-2013]
A. 
In the case of a corner lot, a front yard, as provided for in each district, shall be required on each street on which a corner lot abuts, provided that, when one front lot line of said corner lot measures less than 65 feet and said corner lot is located in one of the following districts: the Residential Low-Density, Residential Low-Density (Historic) [R-2 and R-2(H)], Residential Beach, Residential Beach (Historic) [R-3 and R-3(H)], Residential Medium-Density, Residential Medium-Density (Historic) [R-4 and R-4(H)], Limited Commercial, and Limited Commercial (Historic) [LC and LC(H)], the front yard on the side of the corner lot with a front lot line measuring longer than 65 feet may be decreased to not less than the minimum side yard requirements.
B. 
In the case of a through lot, front yard requirements shall be observed on both streets.
C. 
Permitted projections into required yards shall be as shown on the Table of Permitted Projections Into Required Yards included as an attachment to this chapter.
A. 
Setback. The building line and yard requirements of this chapter shall not apply to fences, walls, hedges, or shrubbery.
B. 
Residential areas.
(1) 
Applicability: properties used for residential purposes.
(2) 
All fences shall be "finished side out."
(3) 
Maximum height: eight feet, except that the maximum height shall be four feet in the required front yard.
[Amended 7-9-2012; 10-11-2021]
(4) 
Six feet or less: The entire fence may be solid, except within the required front yard.
[Amended 10-11-2021]
(5) 
Between six feet and eight feet. That portion of the fence or wall which exceeds six feet in height shall contain openings equal to at least 50% of the area that the fence or wall exceeds six feet.
(6) 
Through lots: The required front yard opposite the street address shall function as a rear yard related to fences, walls, hedges, and shrubbery.
[Added 1-9-2023 by Ord. No. 14-22]
(7) 
Shipcarpenter Sq. Development. Shipcarpenter Sq. street shall function as a rear yard as it relates to fences, walls, hedges, and shrubbery.
[Added 1-9-2023 by Ord. No. 14-22]
C. 
Nonresidential areas.
(1) 
Applicability: properties used for other than residential purposes.
(2) 
All fences shall be "finished side out."
(3) 
Maximum height: eight feet, except that the maximum height shall be four feet in the required front yard.
[Amended 7-9-2012]
(4) 
Six feet or less: The entire fence may be solid.
(5) 
Between six feet and 10 feet: That portion of the fence or wall which exceeds six feet in height shall contain openings equal to at least 50% of the area that the fence or wall exceeds six feet.
(6) 
Through lots: The required front yard opposite the street address shall function as a rear yard related to fences, walls, hedges, and shrubbery.
[Added 1-9-2023 by Ord. No. 14-22]
D. 
Areas along the Lewes-Rehoboth Canal.
[Added 5-20-2013]
(1) 
No continuous fences, hedgerows or landscaping shall exceed three feet in height.
(2) 
All other naturally occurring or introduced trees, shrubs, bushes, plantings or vegetation of any kind or manner shall not obstruct more than 50% of the view of the canal as measured at a height of three feet from any point along the closest street paralleling the canal.
A. 
In general.
(1) 
Measurement. The vertical distance of a building measured from a point where the center line of a building to be erected intersects with the center line of the street on which the building will face to the highest point of the highest roof.
(2) 
Exception. Chimneys, spires, towers, elevators, tanks and other similar projections shall not be included in calculating the "height."
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, regarding buildings prior to September 14, 1987, was repealed 2-14-2022.
C. 
Flood-prone areas:
(1) 
Applicability:
(a) 
R-2 and R-2(H) Zones (formerly LB-Lewes Beach District) located within the coastal high hazard area.
(b) 
Coastal Floodplain Area and situate on the northeast side of the Lewes and Rehoboth Canal.
(2) 
Measurement. The vertical distance of a building measured from a point where the center line of the building to be erected intersects with the center line of the street on which the building will face to the highest point of the highest roof shall not exceed 34 feet for all lots created prior to and after September 14, 1987; provided, however, that any roof in the R-2 and R-2(H) Zone (formerly LB-Lewes Beach District) northeast of the Lewes and Rehoboth Canal shall have a minimum pitch of five inches of vertical rise for each 12 inches of horizontal run to the ridge of the greatest height of the roof.