[Amended 7-9-1991 by Ord. No. 91-11; 12-17-1991; 2-25-1992; 6-23-1992; 11-11-1992; 12-7-1993 by Ord. No. 93-12; 12-7-1993 by Ord. No. 93-13; 6-14-1994 by Ord. No. 94-11; 11-22-1994 by Ord. No.
94-21; 11-14-1995 by Ord. No. 95-25; 2-27-1996 by Ord. No. 96-06]
The purpose of the AR - Agricultural Residential
District is:
A.
To provide for a wide range of agricultural use and
farm related services while providing for low-density residential
development in areas that are rural in character and where farming
may not be the optimum land use activity.
B.
To foster environmentally sound development in areas
of environmental concern.
C.
To allow for a variety of low-density planned residential
and cluster developments in a rural setting.
D.
To serve as a transitional/buffer zone between agricultural
and residential uses.
The provisions of this article apply to each
AR - Agricultural Residential District.
A.
Any use not listed below as a permitted or conditional
use is not permitted in the AR - Agricultural Residential District.
B.
Accessory uses shall not be permitted without a principal
use.
C.
All uses in the AR - Agricultural Residential District
can be referenced in the Standard Industrial Classification Manual
of 1987, under sections entitled "Agriculture," "Forestry and Fishing,"
"Private Households," "Wholesale Trade," "Mining," "Services" and
"Transportation, Communications, Electric, Gas and Sanitary Services."
[Amended 5-13-1997 by Ord. No. 97-09; 3-14-2000 by Ord. No. 00-05; amended 1-15-2002 by Ord. No. 02-02; 2-28-2006 by Ord. No. 06-03; 3-25-2008 by Ord. No.
08-05[1]]
The following uses are permitted in an AR -
Agricultural Residential District:
Accessory apartment (within a single-family detached and semi-detached
dwelling)
[Added 6-23-2009 by Ord. No. 09-11] |
Accessory cottage
[Added 6-23-2009 by Ord. No. 09-11] |
Accessory storage (enclosed)
|
Accessory structures and uses
|
Agriculture
|
Aquaculture
|
Bus shelter
|
Cold storage lockers
|
Community facilities, including recreational
|
Egg farms
|
Emergency uses - police, fire, rescue
|
Forestry
|
Golf courses
|
Greenhouses, commercial
|
Group homes for the care of handicapped persons,
elderly
|
Hides, raw fur and leather dressing
|
Home-based contractor establishment, no outdoor storage
[Added 10-27-2009 by Ord. No. 09-26] |
Home occupations as specified under Article XXII of this chapter
|
Horse training facilities
|
Hunting - commercial, private or public
|
Ice house
|
Manufactured homes on individual lots
|
Nature areas
|
Nature trails
|
Nursery farms
|
Off-premises monument sign
[Added 6-23-2009 by Ord. No. 09-12] |
Private camps for seasonal residency
|
Private pool
|
Public parks and open space[2]
|
Single-family detached dwellings
|
Water-oriented recreational area and uses
|
Wildlife preserves
|
[1]
Editor's Note: This ordinance provided that
any subdivision and land development projects that have received preliminary
plan approval by the Regional Planning Commission, or Levy Court approval
in the case of planned unit developments and cluster subdivisions,
shall not be subject to its provisions for as long as their approval
remains valid.
[2]
Editor’s Note: The former entry for “Public campground,”
which immediately preceded this entry, was repealed 1-24-2017 by Ord.
No. 17-03.
The following uses are permitted in the AR - Agricultural Residential District in accordance with the conditional use provisions of Article XXI:
Airfields[1]
|
Animal hospital
|
Auction facilities
|
Auctions, temporary
|
Buggy repair
|
Butcher shop - not rendering plant
|
Bed-and-breakfast - country inn
|
Blacksmiths
|
Campground (public or private)
[Added 1-24-2017 by Ord.
No. 17-03] |
Cemeteries
|
Child-care center
|
Churches and ancillary uses
|
Cluster development
|
Commercial carnivals, temporary
|
Commercial marinas[2]
|
Commercial recreational facilities
|
Community swimming pools
|
Country clubs, private clubs and service organizations
|
Commercial greenhouses
|
Commercial kennels
|
Craft centers
|
Detention and correctional institutions, reformatories
and similar uses
[Added 10-13-1998 by Ord. No. 98-18] |
Dog grooming business[3]
|
Farm machinery/equipment repair and service
|
Farm tenant houses
|
Farm winery, with accessory gift shop, meeting
hall, retail sales and tasting facility
[Amended 5-8-2001 by Ord. No. 01-09] |
Florist establishment
[Added 8-13-1996 by Ord. No. 96-13] |
Grain milling and vegetable oil mills
|
Group homes, other than for the care of the
handicapped, elderly
|
Hay, grain and feed stores
|
Heliports and helipads[4]
|
Horse trailer sales
|
Hospitals, sanatoriums, nursing homes, and convalescent
homes
|
Hunting lodges
|
Manufacturing or preparation of feed, feed concentrates,
feed supplements and other feed ingredients for poultry and/or livestock
|
Monasteries, convents
|
Mulching
[Added 12-11-2001 by Ord. No. 01-25] |
Nonaccessory tents for special purposes
|
Nonprofit charitable and philanthropic organizations
or institutions
|
Outside accessory storage
|
Pallet manufacturing
|
Private boat docks, boat houses and landings
as principal structures
|
Private educational institutions
|
Private airstrips
|
PUD (Planned Unit Development)
|
Recreational uses (private membership clubs)
|
Retail nurseries
|
Retail sales of farm hardware and miscellaneous
farm supplies, farm machinery and equipment sales
[Added 1-14-1997 by Ord. No. 97-01] |
Riding clubs
|
Rifle, pistol, trap, skeet, or archery ranges
|
Roadside stands (seasonal)
|
Sand and gravel pits, without processing.
[Amended 10-14-1997 by Ord. No. 97-18] |
Sanitary landfill
|
Sawmill operations
|
School bus parking[5]
|
Seasonal labor housing
|
Semipublic or quasi-public schools
[Added 10-14-1997 by Ord. No. 97-21] |
Septage processing and storage
|
Slaughterhouses
|
Stables, tack and harness shops, horse training
(commercial)
|
Stockyard (commercial)
|
Storage of agricultural chemicals in bulk, retail
and wholesale
|
Storage of clam shells
|
Storage of fishing/crabbing equipment
|
Temporary sawmill
|
Public utilities and public utility uses
|
Wholesale trade establishment with facilities
for storage and transport of farm products
|
[1]
Editor's Note: Accessory apartments as a conditional use,
which immediately preceded this entry, were repealed 6-23-2009 by
Ord. No. 09-11.
[2]
Editor’s Note: The former entry for “Commercial
recreational campgrounds,” which immediately followed this entry,
was repealed 1-24-2017 by Ord. No. 17-03.
[3]
Editor's Note: The former entry for "ECHO
housing," which immediately followed this entry, was deleted 5-13-1997
by Ord. No. 97-09.
[4]
Editor's Note: The former entry for “home
occupations,” which immediately followed this entry, was deleted
2-28-2006 by Ord. No. 06-03. The former entry for home-based contractor
establishments, added 7-5-2005 by Ord. No. 05-09, was repealed 10-27-2009
by Ord. No. 09-26.
Standard development. The maximum density in
an AR - Agricultural Residential District is one dwelling unit for
each 10 acres,* which is to be allowed only when accompanied by an
official certificate from the Delaware Department of Natural Resources
and Environmental Control (DNREC) which states that a septic system
has been designed and permitted by DNREC on the ten-acre parcel. If
a larger-sized parcel is required by DNREC, then that determination
shall have precedence over the maximum density requirements of this
Zoning Chapter.
*NOTE: All properties that qualify for minor subdivision review will be allowed to subdivide (a maximum of four lots and a remainder), with a minimum lot size of one acre or as provided for in the § 205-397.2, Growth Zone Overlay District.
|
[1]
Editor's Note: This ordinance provided that
any subdivision and land development projects that have received preliminary
plan approval by the Regional Planning Commission, or Levy Court approval
in the case of planned unit developments and cluster subdivisions,
shall not be subject to its provisions for as long as their approval
remains valid.
[Amended 10-24-2017 by Ord. No. 17-19]
No more than 23% of each lot in an AR - Agricultural
Residential District shall be covered by man-made impervious surfaces.
A.
Each lot in an AR - Agricultural Residential District
shall have:
(1)
A front building line at least 40 feet from and parallel
to the front street right-of-way line.
(2)
For waterfront lots, a building line at least 50 feet
from and parallel to the water lot line or mean high-water line, whichever
is closer.
(3)
Side setbacks at least 25 feet wide and with a total
combined width of at least 60 feet.
(4)
A rear setback at least 40 feet deep.
B.
All building lines of each lot shall be at least 75
feet from the right-of-way of an abutting major roadway (as defined
by the Delaware Functional Classification Map, prepared by the Delaware
Department of Transportation) and at least 100 feet from the right-of-way
of a limited or denied access highway.
A.
Accessory structures may not be constructed unless
there is a principal structure on a lot.
B.
Accessory uses shall not be permitted without a principal
use.
C.
An accessory structure attached to the principal structure is considered part of the principal structure and is subject to the provisions of § 205-68, Yards and setbacks, of this article.[1]
[1]
Editor's Note: Former Subsections D and E, regarding accessory
structures/uses in an Agricultural Residential District and accessory
structures located on corner lots, respectively, which immediately
followed, were repealed 1-25-2011 by Ord. No. 11-03. This ordinance
also redesignated former Subsection F as Subsection D.
D.
Accessory animal and agricultural uses.
(5)
Accessory agricultural dwelling units:
(a)
Every owner of a bona fide farm of more than
10 acres and less than 50 acres shall be permitted to have one dwelling
or manufactured home in addition to a principal residence located
on said farm for the purpose of housing family members and/or farm
workers employed on said farm.
(b)
Every owner of a bona fide farm of more than
50 acres shall be permitted to have no more than two dwellings or
manufactured homes in addition to a principal residence located on
said farm for the purpose of housing family members and/or farm workers
employed on said farm.
(c)
Each accessory dwelling or manufactured home
shall meet all setback requirements as required of principal dwellings.
A.
Except for cluster development, the minimum frontage
requirement for access for any property shall be:
(1)
Two hundred feet for any property taking access from
a numbered County or state road. All vehicular entrances to any property
shall meet all entrance requirements of the Delaware Department of
Transportation.
(2)
One hundred fifty feet for any property taking access
from a proposed or existing subdivision street.
B.
Except for village and cluster developments, the minimum
lot width at the front building line shall be 150 feet.
NOTE: Minimum frontage requirement on culs-de-sac
and radial curves may be reduced but must meet the minimum frontage
requirement measure at the minimum front building setback line.
| |
NOTE: All residential access in village developments
must be taken from an interior subdivision street.
|
A.
Slopes with a grade of 15% or greater may not be developed
unless:
B.
Notwithstanding the provisions of Subsection A of this section, a fifty-foot planted buffer area shall be located and maintained between the principal structure and the crest of slopes with a grade of 25% or greater.
C.
Drainage for structures and lots may not be channelized
toward any slope of a grade of 15% or greater.
[1]
Editor's Note: Former § 205-75, Village
development, minimum requirements, as amended, was repealed 3-25-2008
by Ord. No. 08-05, and 12-15-2009 by Ord. No. 09-33.