Town of Dewey Beach, DE Zoning

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Town of Dewey Beach, DE

Sussex County

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Table of Contents

Table of Contents

The Charter
Ch C Charter of the Town of Dewey Beach
The Code
Part I: Administrative Legislation
Ch 1 General Provisions
Ch 5 Alderman and Assistant Alderman
Ch 10 Conduct, Code of
Ch 16 Emergency Management
Ch 21 Enforcement and Control of Vehicles and Traffic
Ch 22 Indemnification of Officials
Ch 24 Investment Policy
Ch 29 Personnel Policies
Ch 36 Police Pension and Retirement Fund
Ch 48 Voter Registration and Voting
Part II: General Legislation
Ch 53 Alarms
Ch 60 Animals
Ch 65 Beaches
Ch 71 Building Construction
Ch 75 Buildings, Numbering of
Ch 80 Civil Offenses
Ch 85 Crimes, Conduct and Disposition of Offenders
Ch 93 Fees
Ch 98 Fireworks
Ch 101 Flood Damage Reduction
Ch 108 Handbills
Ch 112 Housing Standards
Ch 117 Licensing of Businesses
Ch 126 Occupancy
Ch 134 Park Benches
Ch 138 Property Maintenance
Ch 144 Restaurants: Certificate of Compliance
Ch 153 Solid Waste
Ch 158 Streets and Parking
Ch 165 Tattoo and Body Piercing Establishments
Ch 167 Taxation
Ch 170 Tort Claims
Ch 173 Trees
Ch 177 (Reserved)
Ch 180 (Reserved)
Part III: Land Use and Zoning
Ch 181 Planning Commission
Ch 183 Subdivision of Land
Ch 185 Zoning
Ch 185 Art I Title and Purpose
§ 185-1 Title.
§ 185-2 Applicability.
§ 185-3 Purpose.
§ 185-3.1 Enabling legislation.
Ch 185 Art II Districts and District Maps
§ 185-4 Establishment of districts.
§ 185-5 Reference to district names.
§ 185-6 Official Zoning Map.
§ 185-7 Informational copies of Official Zoning Map.
§ 185-8 Interpretation of district boundaries.
§ 185-9 Regulation of areas under water.
Ch 185 Art III General Provisions
§ 185-10 Compliance with regulations.
§ 185-11 Location on lot required.
§ 185-12 Encroachment; reduction of lot area.
§ 185-13 Prior construction of accessory building.
§ 185-14 Prohibited uses.
§ 185-15 Reference to additional regulations.
§ 185-16 Governmental exemptions.
§ 185-17 DNREC building line.
§ 185-18 Change of use.
§ 185-19 Temporary structures.
§ 185-20 Sewage or wastewater holding tanks.
§ 185-21 Smoke detectors.
§ 185-22 Certain gambling prohibited.
§ 185-22.1 Conversion, dedication, or declaration of hotel, motel and/or condominium units to fractional interests or timeshares prohibited.
Ch 185 Art IV District Regulations
§ 185-23 NR Neighborhood Residential District.
§ 185-24 RR Resort Residential District.
§ 185-25 RB-1 Resort Business District.
§ 185-25.1 RB-2 Resort Business District-2.
§ 185-25.2 RB-3 Resort Business District-3.
§ 185-26 PR Planned Residential District.
§ 185-26.1 PRB-1 Planned Resort Business District-1.
§ 185-26.2 PRB-3 Planned Resort Business District-3.
Ch 185 Art V Sign and Outdoor Display of Merchandise Regulations
§ 185-27 Definitions.
§ 185-27.1 Displays.
§ 185-28 General provisions for signs.
§ 185-29 Signs permitted in all districts.
§ 185-30 Signs prohibited in all districts.
§ 185-31 Permitted signs in NR, RR and PR Residential Districts.
§ 185-32 Permitted signs in RB Commercial Districts.
§ 185-33 Nonconforming signs maintained.
§ 185-34 Temporary political signs.
Ch 185 Art VI Off-Street Parking
§ 185-35 Off-street parking requirements.
§ 185-36 Interpretation and application of off-street parking requirements.
§ 185-37 Location of required spaces.
§ 185-38 Design standards.
Ch 185 Art VII Conditional Uses
§ 185-39 Purpose.
§ 185-40 Special requirements.
§ 185-41 Preliminary site plan required; procedures.
§ 185-42 Term of approval.
§ 185-43 Existing conditional uses.
§ 185-44 Revocation of permits.
Ch 185 Art VIII Supplementary Height, Area and Bulk Regulations
§ 185-45 Applicability.
§ 185-46 Modification of height regulations.
§ 185-47 Lot area.
§ 185-48 Yards and open space generally.
§ 185-49 Front, side and rear yards.
§ 185-50 Corner visibility.
§ 185-51 Accessory buildings and structures.
§ 185-52 Boathouses, piers and bulkheads.
§ 185-53 Special regulations for townhouses and multiunit structures.
§ 185-54 Parking and storage of certain vehicles.
§ 185-55 Natural or planting areas.
Ch 185 Art IX Nonconformities
§ 185-56 Nonconforming use of land and buildings.
§ 185-57 Nonconforming signs.
§ 185-58 Discontinuance of nonconforming uses or building.
§ 185-59 Damage or destruction of nonconforming use or building.
§ 185-60 Extension of nonconforming use or building.
§ 185-61 Intermittent use; effect of use on remainder of lot.
§ 185-62 Existence of nonconforming use.
§ 185-63 Nonconforming uses not validated.
Ch 185 Art X Board of Adjustment
§ 185-64 Creation, appointment and organization; removal of members; vacancies.
§ 185-65 Procedure.
§ 185-66 Powers.
§ 185-67 Special exceptions.
§ 185-68 Variances.
§ 185-69 Conditions attached to approvals.
§ 185-70 Lapse of special exception or variance.
§ 185-71 Amendment of special exception or variance.
§ 185-72 Appeals to courts.
Ch 185 Art XI Administrative Provisions
§ 185-73 Changes and amendments.
§ 185-74 Procedures for approval of conditional uses.
§ 185-75 Procedures for approval of site plan.
§ 185-76 Preliminary site plan requirements.
§ 185-77 Final site plan requirements.
§ 185-78 Amendments and additions to site plans.
§ 185-79 Certificates of occupancy.
§ 185-80 Building permits; fee.
§ 185-81 Plats.
§ 185-82 Filing fees.
§ 185-83 Interpretation, purpose and conflict.
§ 185-84 Enforcement violations and penalties.
§ 185-85 Expiration of approved site plan.
§ 185-86 Land development and construction requirements.
Ch 185 Art XII Design Guidelines
§ 185-87 Streets and rights-of-way.
§ 185-88 Stormwater management.
§ 185-89 Grading and erosion control.
§ 185-90 Utilities.
§ 185-90.1 Wireless facilities.
§ 185-91 Landscaping.
§ 185-92 Fences.
§ 185-93 Lighting.
Appendix
Ch A188 Cable Television Franchise
Disposition List
Ch DL Disposition List

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Chapter 185 Zoning

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New Laws

Title	Adopted	Subject	Affects
810. Prohibited Signage in All Districts	2023-05-19	Zoning Amendment	Ch 185
811. Maximum Floor Area & Maximum Bedrooms in Nonconforming Properties	2023-05-19	Zoning Amendment	Ch 185
812. Reference to Building Permit Renewals in Zoning Code	2023-05-19	Zoning Amendment	Ch 185
813. Lapse of Special Exception or Variance	2023-06-16	Zoning Amendment	Ch 185
814. Driveway Entrances and Measurements on Any Lot	2023-06-16	Zoning Amendment	Ch 185
825. Driveway Distances and Intersections	2023-11-17	Zoning Amendment	Ch 185
Ord. No. 834	2024-03-15	Zoning Amendment	Ch 185
Ord. No. 835	2024-03-15	General Provisions Amendment; Zoning Amendment	Ch 1, Ch 185

[HISTORY: Adopted by the Commissioners of the Town of Dewey Beach 1-10-2009 by Ord. No. 634.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 71.

Numbering of buildings — See Ch. 75.

Floodplain management — See Ch. 101.

Board of Adjustment — See Ch. 180.

Planning Commission — See Ch. 181.

Subdivision of land — See Ch. 183.

ATTACHMENTS

Attachment 1 - Table 2 Bulk Zoning Stds

Attachment 2 - Zoning Map

Attachment 3 - Design Standards for Small Cell Wireless Facilities

Editor's Note: This ordinance also repealed former Ch. 185, Zoning, adopted 2-28-1982 by Ord. No. 14 (Ch. 14 of the 1984 Code), as amended.

Article I Title and Purpose

§ 185-1 Title.

§ 185-2 Applicability.

§ 185-3 Purpose.

§ 185-3.1 Enabling legislation.

Article II Districts and District Maps

§ 185-4 Establishment of districts.

§ 185-5 Reference to district names.

§ 185-6 Official Zoning Map.

§ 185-7 Informational copies of Official Zoning Map.

§ 185-8 Interpretation of district boundaries.

§ 185-9 Regulation of areas under water.

Article III General Provisions

§ 185-10 Compliance with regulations.

§ 185-11 Location on lot required.

§ 185-12 Encroachment; reduction of lot area.

§ 185-13 Prior construction of accessory building.

§ 185-14 Prohibited uses.

§ 185-15 Reference to additional regulations.

§ 185-16 Governmental exemptions.

§ 185-17 DNREC building line.

§ 185-18 Change of use.

§ 185-19 Temporary structures.

§ 185-20 Sewage or wastewater holding tanks.

§ 185-21 Smoke detectors.

§ 185-22 Certain gambling prohibited.

§ 185-22.1 Conversion, dedication, or declaration of hotel, motel and/or condominium units to fractional interests or timeshares prohibited.

$Navigate to Conversion, dedication, or declaration of hotel, motel and/or condominium units to fractional interests or timeshares prohibited.$

Article IV District Regulations

§ 185-23 NR Neighborhood Residential District.

§ 185-24 RR Resort Residential District.

§ 185-25 RB-1 Resort Business District.

§ 185-25.1 RB-2 Resort Business District-2.

§ 185-25.2 RB-3 Resort Business District-3.

§ 185-26 PR Planned Residential District.

§ 185-26.1 PRB-1 Planned Resort Business District-1.

§ 185-26.2 PRB-3 Planned Resort Business District-3.

Article V Sign and Outdoor Display of Merchandise Regulations

§ 185-27 Definitions.

§ 185-27.1 Displays.

§ 185-28 General provisions for signs.

§ 185-29 Signs permitted in all districts.

§ 185-30 Signs prohibited in all districts.

§ 185-31 Permitted signs in NR, RR and PR Residential Districts.

§ 185-32 Permitted signs in RB Commercial Districts.

§ 185-33 Nonconforming signs maintained.

§ 185-34 Temporary political signs.

Article VI Off-Street Parking

§ 185-35 Off-street parking requirements.

§ 185-36 Interpretation and application of off-street parking requirements.

§ 185-37 Location of required spaces.

§ 185-38 Design standards.

Article VII Conditional Uses

§ 185-39 Purpose.

§ 185-40 Special requirements.

§ 185-41 Preliminary site plan required; procedures.

§ 185-42 Term of approval.

§ 185-43 Existing conditional uses.

§ 185-44 Revocation of permits.

Article VIII Supplementary Height, Area and Bulk Regulations

§ 185-45 Applicability.

§ 185-46 Modification of height regulations.

§ 185-47 Lot area.

§ 185-48 Yards and open space generally.

§ 185-49 Front, side and rear yards.

§ 185-50 Corner visibility.

§ 185-51 Accessory buildings and structures.

§ 185-52 Boathouses, piers and bulkheads.

§ 185-53 Special regulations for townhouses and multiunit structures.

§ 185-54 Parking and storage of certain vehicles.

§ 185-55 Natural or planting areas.

Article IX Nonconformities

§ 185-56 Nonconforming use of land and buildings.

§ 185-57 Nonconforming signs.

§ 185-58 Discontinuance of nonconforming uses or building.

§ 185-59 Damage or destruction of nonconforming use or building.

§ 185-60 Extension of nonconforming use or building.

§ 185-61 Intermittent use; effect of use on remainder of lot.

§ 185-62 Existence of nonconforming use.

§ 185-63 Nonconforming uses not validated.

Article X Board of Adjustment

§ 185-64 Creation, appointment and organization; removal of members; vacancies.

§ 185-65 Procedure.

§ 185-66 Powers.

§ 185-67 Special exceptions.

§ 185-68 Variances.

§ 185-69 Conditions attached to approvals.

§ 185-70 Lapse of special exception or variance.

§ 185-71 Amendment of special exception or variance.

§ 185-72 Appeals to courts.

Article XI Administrative Provisions

§ 185-73 Changes and amendments.

§ 185-74 Procedures for approval of conditional uses.

§ 185-75 Procedures for approval of site plan.

§ 185-76 Preliminary site plan requirements.

§ 185-77 Final site plan requirements.

§ 185-78 Amendments and additions to site plans.

§ 185-79 Certificates of occupancy.

§ 185-80 Building permits; fee.

§ 185-81 Plats.

§ 185-82 Filing fees.

§ 185-83 Interpretation, purpose and conflict.

§ 185-84 Enforcement violations and penalties.

§ 185-85 Expiration of approved site plan.

§ 185-86 Land development and construction requirements.

Article XII Design Guidelines

§ 185-87 Streets and rights-of-way.

§ 185-88 Stormwater management.

§ 185-89 Grading and erosion control.

§ 185-90 Utilities.

§ 185-90.1 Wireless facilities.

§ 185-91 Landscaping.

§ 185-92 Fences.

§ 185-93 Lighting.