A.
Purpose of the district. The purpose of this district is to provide
for medium-density residential development, together with such churches,
recreational facilities, and accessory uses as may be necessary or
are normally compatible with residential surroundings.
B.
Permitted uses. See Table 1, Uses in Residential Districts.
C.
Permitted accessory uses. See Table 1, Uses in Residential Districts.
|
Table 1
Uses in Residential Districts
[Amended 4-25-2009 by Ord. No. 656] | ||||
|---|---|---|---|---|
|
NR Neighborhood Residential
|
RR Resort Residential
|
PR Planned Residential
| ||
|
Permitted uses. A building or land shall be used
only for the following purposes:
| ||||
|
Single-family detached dwelling but not mobile home
|
 |
|
| |
|
Multifamily dwelling unit in a building or structure
dedicated to residential use, including townhouse and apartment-style
configurations, with no more than 3 dwelling units per building
|
|
| ||
|
Multifamily dwelling unit in a building or structure
dedicated to residential use, including townhouse and apartment-style
configurations, with no more than 4 dwelling units per building
|
| |||
|
Public park
|
|
|
| |
|
Church, rectory, parish house, convent and monastery,
temple, synagogue and like religious uses
|
| |||
|
Transmission lines and their supporting elements
|
|
| ||
|
Dewey Beach municipal building and uses
|
| |||
|
Permitted accessory uses (a use clearly incidental
to or customarily found in connection with, and located on the same
lot as the principal use of the premises).
| ||||
|
Home occupation in main building or accessory building
|
|
|
| |
|
Playhouse, without plumbing, limited in floor area
to 150 square feet and head room limited to five feet
|
|
|
| |
|
Swimming pool
|
|
|
| |
|
Domestic storage in main building or in an accessory
building
|
|
|
| |
|
Garage, private
|
|
|
| |
|
Parking of permitted motor vehicle
|
|
|
| |
|
Storage of a boat trailer or recreational vehicle or
a boat or travel trailer or motor home (but not mobile homes) but
not in a front yard or side yard adjacent to a street, provided it
is not used for living purposes while so stored
|
|
|
| |
|
Keeping of domestic animals, but only for personal
enjoyment or household use and not as a business, and providing such
pets are properly licensed, housed and cared for so as not to be a
public or private nuisance or to endanger the welfare of the pet so
kept
|
|
|
| |
|
Home barbecue grill used in compliance with Fire Marshal
regulations; electric and piped-in-gas grills permitted, bottled-gas/propane
and charcoal grills are prohibited on upper-level decks
|
|
|
| |
|
Bed-and-breakfast inn; see § 185-23D(1) for the minimum conditional use requirements for operating a bed-and-breakfast
|
|
|
| |
|
Access or egress to adjacent Resort Business District
property owned by the same person, corporation or entity. The area
for access, ingress and egress shall not exceed 50% of the total area
of the resort residential property. The access, ingress and egress
area may be used for unloading of materials to the property or adjacent
property but shall not be used for storage of any materials. No parking
in access, ingress or egress area.
|
| |||
|
Automobile parking and unloading area for materials
delivered to Resort Business District property owned by the same person,
corporation or entity, the area of which does not exceed 25% of the
total area of the resort residential property. The storage of any
materials in such parking area is prohibited.
|
| |||
|
Institutions, educational or philanthropic, including
museums, art galleries and libraries
|
|
| ||
|
Marinas or yacht clubs and swimming or tennis clubs
whether public, private or nonprofit
|
|
| ||
|
Public utilities or public services uses, public or
governmental buildings and uses, including schools, playgrounds, and
public boat landings
|
|
| ||
|
Uses permitted by special exception. Use exceptions may be permitted by the Board of Adjustment, and in accordance with the provisions of Article X, Board of Adjustment.
| ||||
|
Private garage for more than four automobiles and floor
area of more than 900 square feet
|
|
|
| |
|
Temporary use of a building as a sales or rental office
for an approved real estate development or subdivision to be used
for a period of time greater than 7 days
|
|
| ||
|
Temporary parking for trailers for special events and/or
construction activities, but not along the Coastal Highway right-of-way,
permitted from Memorial Day to Labor Day
|
|
|
| |
(1)
Home occupation. Any home occupation which is conducted in a manner
such that the dwelling housing the occupation is indistinguishable
from dwellings with no business use and which meets the following
standards is permitted as an accessory residential use:
[Added 1-9-2016 by Ord.
No. 724]
(a)
Home occupation. A home occupation may include activities similar
to: the professional office of a physician, dentist, lawyer, business
or technology consultant, engineer, architect, accountant or salesman;
dressmaking; custom baking; or day care or babysitting for no more
than five children, provided the operator is duly licensed by the
state for the purpose of providing child day care; but not activities
that might be referred to as a nursing home, convalescence home, rest
home, restaurant or cafe or tearoom, tourist home or bed-and-breakfast,
massage service or therapeutic massage, or such similar establishments;
and studio space for an artist or craft person or musician to work
in and to provide private instruction to one or two pupils at a time.
(b)
Licensing. All home occupations shall be registered with the
Town of Dewey Beach and hold a valid Town business license and appropriate
State of Delaware licensing.
(c)
Employees. The owner and primary operator (the "operator") of
the home occupation shall be a full-time resident of the dwelling
unit and, subject to the following exceptions, shall not employ any
individuals other than family members who also are full-time residents
of the dwelling unit.
(d)
Customers/clients. The operator may meet with customers at the
site, provided that the frequency and consistency of traffic to and
from the site in relation to the home occupation does not interfere
with the community's comfort, safety, or enjoyment of the neighborhood
around the subject property as a residential area or create a visual
or traffic annoyance to persons of normal sensibilities such that
a public nuisance is created. A high volume of visits and traffic
to and from the site shall be prima facie evidence that the home occupation
is not indistinguishable from other dwellings and creates a public
nuisance in the residential neighborhood, in violation of these requirements.
(e)
Location, size and modifications. No home occupation shall be
conducted outside the dwelling unit. The total area used to accommodate
the home occupation shall not exceed 25% of the total gross floor
area (GFA) of the principal residential dwelling. No structural alterations
or enlargements shall be made to the dwelling unit for the primary
purpose of conducting the home occupation.
(f)
Parking. Adequate on-site, off-street parking shall be provided
for all employees, customers, clients and/or pupils. The principal
driveway serving the residence shall act as the parking area. Only
the principal driveway may be used for parking in conjunction with
the home occupation.
(g)
Hazardous materials. No toxic, explosive, flammable, radioactive
or other restricted materials shall be used, sold or stored on the
site in connection with the home occupation.
(h)
Outside storage. No outdoor display or storage of materials,
goods, supplies or equipment related to the home occupation shall
be permitted.
(i)
Deliveries and pick-ups. Truck deliveries or pick-ups of supplies
or products associated with the home occupation shall occur only within
the hours of 8:00 a.m. and 7:00 p.m. Vehicles used for delivery and
pick-up are limited to those normally servicing residential neighborhoods.
No regular tractor-trailer delivery shall be permitted.
(j)
Signs and displays. No display of any products or operations
that would create external evidence of the operation of the home occupation
is permitted. No more than one nameplate sign no larger than 1.5 square
feet in area displaying the name and street address of the occupant
of the property and name of the permitted home occupation is permitted.
No marked service vehicle, trailer or other equipment used in conjunction
with the home occupation shall be parked on the property or contiguous
street right-of-way so as to identify, advertise or otherwise attract
attention to the home occupation.
(k)
Manufacturing, repairing, mechanical work. No manufacturing,
repairing or other mechanical work shall be performed outside the
dwelling unit. When such activity is conducted inside the dwelling
unit, it shall be conducted in such a way that no noise, heat, glare,
odor, vibration, electromagnetic interference or smoke shall be perceptible
at or beyond the property line.
D.
Conditional uses. See Table 1, Uses in Residential Districts. If a conditional use is granted, the planting requirements of § 185-55B shall apply; and where the conditional use property adjoins a residential property, it shall have designated a planting area 2 1/2 feet wide along the common property line.
(1)
Bed-and-breakfasts. The following specific conditions shall apply
to all bed-and-breakfasts:
(a)
The bed-and-breakfast shall be an incidental use to the principal
use of the building as a single-family dwelling. The bed-and-breakfast
must be owner-occupied during the period of operation, unless a non-owner
manager is approved as a part of the approval of the conditional use
application.
(b)
One Class ABC fire extinguisher shall be in each sleeping area
or room.
(c)
Food will only be served to guests staying at the bed-and-breakfast.
(d)
Only breakfast shall be served on a regular basis.
(e)
Two means of egress from building or egress windows in each
bedroom shall be provided.
(f)
Smoke detectors shall be provided in each sleeping area.
(g)
There shall be no cooking facilities of any nature in any room
used as a bed-and-breakfast guest room.
(h)
The owner/operator must supervise any guest cooking in the facility.
(i)
One sign no larger than seven square feet identifying the bed-and-breakfast
and availability of rooms to let shall be permitted. No internal illumination
of sign shall be permitted, nor shall moving, blinking or neon signs
be permitted.
(j)
The appropriate business license must be paid.
(k)
There shall be no more than four guest rooms per bed-and-breakfast.
During the period of May 15 through September 15, a bed-and-breakfast
shall be operated exclusively as a bed-and-breakfast, such that all
designated guest rooms are available for use by transient paying guests.
(l)
There shall be no more than two adult guests per rental bedroom.
E.
Uses permitted by special exception: See Table 1, Uses in Residential
Districts.
G.
Height, area and bulk requirements. See Table 2, Bulk Zoning Standards
in All Districts.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
H.
Reference to additional regulations. The regulations contained in
this section are supplemented or modified by regulations contained
in other articles of this and other chapters of the Town's municipal
code, especially the following:
A.
Purpose of the district. The purpose of this district is to provide
for residential development of greater density than that provided
for in an NR District, together with low-impact community and municipal
functions and servicing of adjacent resort business properties owned
by the same person, corporation or entity. See Table 1, Uses in Residential
Districts.[1]
B.
Permitted uses: any use permitted in a Neighborhood Residential District,
dedicated multifamily residential structures, and municipal buildings
and uses. See Table 1, Uses in Residential Districts.
C.
Permitted accessory uses: any permitted use in a Neighborhood Residential
District. See Table 1, Uses in Residential Districts.
D.
Conditional uses. See Table 1, Uses in Residential Districts.
E.
Uses permitted by special exception. See Table 1, Uses in Residential
Districts.
G.
Height, area and bulk requirements. See Table 2, Bulk Zoning Standards
in All Districts.[2]
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
H.
Reference to additional regulations. The regulations contained in
this section are supplemented or modified by regulations contained
in other articles of this and other chapters of the Town's municipal
code, especially the following:
A.
Purpose of the district.
(1)
The purpose of this district is to provide sufficient space in appropriate
locations for a wide variety of commercial and miscellaneous service
activities. This district permits the most intense development of
such activities. Its features include structures that are both entirely
dedicated to commercial use or mixed-use structures with floor area
square footage of not less than 1/3 commercial land use and not greater
than 2/3 residential land use. Single-family detached dwellings and
buildings or structures dedicated to residential uses are prohibited.[1]
[1]
Editor's Note: Former Subsection A(2), which pertained to
the availability of relaxed bulk standards under certain conditions,
which immediately followed this subsection, was repealed 7-25-2018 by Ord. No. 749.
B.
Permitted uses. See Table 3, Uses in Resort Business Districts.
C.
Permitted accessory uses. See Table 3, Uses in Resort Business Districts.
[Amended 78 Del. Laws, c. 232, 5/1/2012; 7-27-2012 by Ord. No.
696; 10-13-2012 by Ord. No. 698; 5-22-2018 by Ord. No. 742; 6-30-2020 by Ord. No. 755; 2-17-2023 by Ord. No. 801]
|
Table 3
Uses in Resort Business Districts
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
RB-1 Resort Business
|
RB-2 Resort Business
|
RB-3 Resort Business
|
PRB-1 Planned Resort Business
|
PRB-3 Planned Resort Business
| |||||
|
Permitted uses. A building or land shall be used
only for the following purposes:
| |||||||||
|
Retail food business, including grocery and specialty-food
stores (e.g., bakery, fresh fruit and vegetables, fresh fish and meats,
delicatessen and gourmet foods), and the like
|
|
|
|
|
| ||||
|
Bank and/or ATM, drive-in or otherwise, so long as
driveway space shall be provided off the street for all vehicles waiting
for drive-in service
|
|
|
|
|
| ||||
|
Service businesses, including, e.g., barber shop, beauty
salon and day spa; house cleaning, landscaping and decorating; catering
and florist service; shoe and clothing repair, consumer-electronics
repair, computer equipment repair, small tool and appliance repair,
and sporting equipment service and repair; printing, desktop publishing
and engraving; handyman, electrician, painter, plumber, carpenter
and general contractor; and similar types of service businesses
|
|
|
|
|
| ||||
|
Pet grooming and pet day care, but not kenneling, provided
that such businesses submit an appropriate plan of operation addressing
the subjects of vaccinations, licenses, pet waste, and noise management
procedures. Pet grooming and pet day care businesses shall not operate
between the hours of 9:00 p.m. and 7:00 a.m.
|
| ||||||||
|
Store or shop for the conduct of retail business, including
the sale of clothing and accessories; antiques, carpets and fabrics;
medications; books, cards and sundries; hardware, paint and general
merchandise; furniture, beach, garden and hobby supplies; flower shop
and associated greenhouse(s); jewelry, arts and crafts; household
goods, sporting goods, computer equipment and accessories, consumer
electronics and office/home office supplies; and similar types of
retail establishments
|
|
|
|
|
| ||||
|
Health or fitness club; recreation facility or athletic
field, including tennis, swimming and boating, volleyball, bocce,
and similar types of recreational activity; areas for fishing or boating
and picnic grounds, and like uses; accessory facility for the sale
of food, nonalcoholic beverages, bait, supplies and incidentals, and
equipment appropriate to such recreational activity
|
|
|
|
|
| ||||
|
Office for professional or general business activity
|
|
|
|
|
| ||||
|
Studio for artist(s), photographer(s), sculptor(s),
potter(s) or musician(s), whether open to the public for classes or
exhibits, including sales, or not
|
|
|
|
|
| ||||
|
Amusement place or theater, except open-air drive-in
theaters. Amusement places include a bowling alley, dance hall subject
to applicable Town regulations, skating rink, swimming pool, miniature
golf, billiard or pool parlor, indoor model racing track, and similar
activity, but specifically exclude an adult book/video store, adult
motion-picture theater, adult bath house, adult massage parlor, adult
modeling studio, adult cabaret or strip club, and adult novelty shop.
|
|
See Conditional Use
|
See Conditional Use
|
|
See Conditional Use
| ||||
|
Marine activities, including mooring, boat and trailer
sales, storage, repairs and service. Boat and/or trailer displays
of more than 3 1/2 feet in height shall conform to all setback
and yard requirements
|
|
|
|
|
| ||||
|
Automobile parking lot and multistory garage
|
|
See Conditional Use
|
See Conditional Use
|
|
See Conditional Use
| ||||
|
Mixed commercial and residential use within a single structure, subject to the mixed-use provisions of Articles VI (Off-Street Parking) and VII (Conditional Uses) and providing that any mixed-use structures shall have exclusive commercial land use on the first floor and may have commercial and/or residential land use on upper levels
|
|
|
|
|
| ||||
|
Private residential dwelling unit as a "residential"
component in a mixed-use structure that is operated as a rooming home,
tourist home, or bed-and-breakfast to provide accommodations for a
maximum of two adults per rental room, not to exceed a total of 12
rental rooms; each rental room shall not have cooking facilities of
any kind. The property owner or rental manager must be resident on
the premises during periods of operation as a rental accommodation
|
|
|
| ||||||
|
Single-family detached dwelling, but not a mobile home
|
|
| |||||||
|
Multifamily dwelling unit in a building or structure
dedicated to residential use, including townhouse and apartment-style
configurations
|
|
| |||||||
|
Convention center; community center; meeting hall for
use by religious groups (e.g., church or synagogue), private or professional
club or lodge, and similar types of organizations
|
|
See Conditional Use
|
|
See Conditional Use
| |||||
|
Public park
|
|
|
|
|
| ||||
|
Tents, canopies and awnings covering 1) conditional use approved outside service areas or 2) existing nonconforming outdoor service areas shall be permitted subject to all Building Code, Fire Marshal and setback requirements and shall not constitute an addition, expansion or extension as referenced in § 185-25D(1)(c) or 185-60
|
|
|
|
|
| ||||
|
Transmission line and required supporting elements
|
|
|
|
|
| ||||
|
Permitted accessory uses (a use clearly incidental
to or customarily found in connection with, and located on the same
lot as the principal use of the premises).
| |||||||||
|
Domestic storage and storage of office supplies and
other merchandise carried in connection with a permitted use
|
|
|
|
|
| ||||
|
Home barbecue grill used in compliance with Fire Marshal
regulations; electric and piped-in-gas grills permitted, bottled-gas/propane
and charcoal grills are prohibited on upper-level decks
|
|
|
|
|
| ||||
|
Home occupations
|
|
|
|
|
| ||||
|
Keeping of pets for personal use when properly licensed
and vaccinated
|
|
|
|
|
| ||||
|
Parking of permitted motor vehicles
|
|
|
|
|
| ||||
|
Storage of a boat, including wave runner types of water
vehicles, boat trailer, or recreational vehicle (but not mobile home),
but not in a front yard or side yard adjacent to a street. Any such
vehicle shall not be used for living purposes while so stored.
|
|
|
|
|
| ||||
|
Swimming pool
|
|
|
|
|
| ||||
|
Conditional uses. The following uses may be permitted as conditional uses when approved in accordance with the provisions of Article VII of this chapter:
| |||||||||
|
Hospitals, clinics or first-aid stations for treatment
of humans
|
|
|
|
|
| ||||
|
Veterinarian practice for care of domestic animals,
provided any such business does not create health or safety hazards
for neighbors or the Town and does not result in excessive sound or
odors. Boarding may be provided for animals under immediate veterinarian
supervision, but kenneling shall not be permitted.
|
|
|
|
|
| ||||
|
Courtyard development/ cluster buildings with dedicated
commercial or mixed use
|
|
| |||||||
|
Educational or philanthropic institutions, including
museums, art galleries and libraries
|
|
|
|
|
| ||||
|
Public or governmental building and use, including
facility for Town Hall and police operations, park, playground and
public boat landing; school, summer school or summer camp, including
educational curricula, computer study, sporting, music, arts and crafts
schools or camps
|
|
|
|
| |||||
|
Public pier for fishing
|
|
|
|
| |||||
|
Day-care facility for care of children or the elderly,
when appropriately licensed and in conformance with all state and
county regulations
|
|
|
|
|
| ||||
|
Package store (consistent with ABCC licensing and regulation)
|
|
|
| ||||||
|
Bus stop
|
|
|
|
|
| ||||
|
Convention center; community center; meeting hall for
use by religious groups (e.g., church or synagogue), private or professional
club or lodge, and similar types of organizations, providing the parcel
is developed so as to provide for adequate parking for such activities
|
Permitted Use
|
|
|
Permitted Use
|
| ||||
|
Automobile parking lot and multistory garage
|
Permitted Use
|
|
|
Permitted Use
|
| ||||
|
Amusement place or theater, except open-air drive-in
theaters. Amusement places include a bowling alley, dance hall subject
to applicable Town regulations, skating rink, swimming pool, miniature
golf, billiard or pool parlor, indoor model racing track, and similar
activity, but specifically exclude an adult book/video store, adult
motion-picture theater, adult bath house, adult massage parlor, adult
modeling studio, adult cabaret or strip club, and adult novelty shop.
|
Permitted Use
|
|
|
Permitted Use
|
| ||||
|
Garage, private
|
|
|
| ||||||
|
Filling station
|
| ||||||||
|
Tents of all types designated to be in operation for
a period of time of seven days or less
|
|
|
|
|
| ||||
|
Restaurants and other uses as per requirements in § 185-25D(1) conditional use requirements for restaurants and other uses
|
|
|
|
|
| ||||
|
Signs larger than 85 square feet on a single surface
|
|
|
|
|
| ||||
|
Uses permitted by special exception. Special use exceptions may be permitted by the Board of Adjustment, and in accordance with the provisions of Article X, Board of Adjustment.
| |||||||||
|
Exceptions to parking requirements as per the requirements in § 185-67B(2), exceptions to parking requirements
|
|
|
|
|
| ||||
|
Temporary structures for the sale of food or merchandise
for a period greater than seven days
|
|
|
|
|
| ||||
|
Awnings covering all or part of an established paved
public sidewalk, provided that the awnings pose no obstacle to required
or desired visibility and do not impede pedestrian traffic. Approved
awnings shall not be lower than 8 feet nor higher than 15 feet from
the sidewalk surface and must be cantilevered from the building with
no support extending to the ground.
|
|
|
|
|
| ||||
|
Kiosks
|
|
|
|
|
| ||||
|
Private garage for more than four automobiles and floor
area of more than 900 square feet
|
|
|
| ||||||
|
Temporary use of a building as a sales or rental office
for an approved real estate development or subdivision to be used
for a period of time greater than seven days
|
|
|
|
|
| ||||
|
Temporary outdoor display or promotional activities
designated to be in operation for a period of time greater than seven
days
|
|
|
|
|
| ||||
|
Temporary parking for trailers for special events and/or
construction activities, but not along the Coastal Highway right-of-way
|
|
|
|
| |||||
|
Tents other than those covering a conditional use approved
or existing licensed patron area as a permitted use; provided that
if the tent is to be used over a parking lot, such a tent shall not
encompass more than 2,000 square feet, such a tent shall not be used
before 8:00 a.m. and after 8:00 p.m. between May 15 and September
15 (Subject to the above described limitations, permits may be approved
by the Town Commissioners following a public hearing for special events
requiring tents for a period of three days or less.)
|
|
|
|
|
| ||||
|
Temporary expansion of patron area into the parking
lot for special events. Permits for temporary expansion of patron
areas may be granted by the Commissioners of the Town of Dewey Beach
following a public hearing pursuant to the following limitations and
conditions:
|
|
|
|
|
| ||||
|
A.
|
No patron area shall be expanded to encompass more
than 2,000 square feet.
| ||||||||
|
B.
|
No temporary expansion permit shall be granted for
a time period exceeding 72 hours in duration.
| ||||||||
|
C.
|
Temporary expansions of patron areas for special events
held between May 15 and September 15 shall be limited to one per business
establishment per calendar year and restricted to the hours of 9:00
a.m. to 8:00 p.m.
| ||||||||
|
D.
|
Temporary expansions of patron areas for special events
held between September 16 and the subsequent May 14 shall be limited
to two per business establishment per calendar year. An additional
two events per establishment may be applied for, provided the events
are family-friendly (open to all ages), and supportive of a charitable
organization or fundraising for Town improvements.
| ||||||||
|
E.
|
Applications for temporary expansions of patron areas
shall be submitted not less than 90 days in advance of the proposed
special event.
| ||||||||
|
F.
|
The application shall include a flat fee of $500 per
day of the proposed special event.
| ||||||||
|
G.
|
Not less than 48 hours prior to start of an approved
event, the applicant shall display on the event premises permits from
the Town of Dewey Beach; the Fire Marshal if required, and the ABCC
license extension certificate, if required.
| ||||||||
|
H.
|
Additional conditions of approval may include the following:
| ||||||||
|
(1)
|
Additional security measures to protect the health,
safety and welfare of the event participants and the community as
a whole.
| ||||||||
|
(2)
|
Restrictions on the hours of operation of a special
event.
| ||||||||
|
(3)
|
The provision and screening of adequate facilities,
such as portable toilets and waste receptacles.
| ||||||||
|
(4)
|
In the event the applicant proposes to erect a tent,
limitations on the time period in which the tent may be erected prior
to the event and removed following the event.
| ||||||||
|
(5)
|
Any other condition that promotes and protects the
health, safety and welfare of the community at large.
| ||||||||
|
Special events permitted for a limited period
of time. Special-event permits shall be approved by the Town Commissioners
following a public hearing.
| |||||||||
|
Sale of permitted types of goods, products and services
from a vehicle, push cart, tent or open-air facility when authorized
by majority vote of the Town Commissioners as part of a "fair" or
"show" of duration not to exceed seven consecutive days, and with
such terms and conditions as the Town Commissioners may impose
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Temporary outdoor display or promotional activities
designated to be in operation for a period of seven days or less
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Temporary use of a building as a sales or rental office
for an approved real estate development or subdivision limited in
time to seven days or less
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Temporary structures for the sale of food or merchandise
for a period of seven days or less
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Nonprofit charitable gaming limited to off-season (October
15 to May 15) for a period of six hours with approval of Town Commissioners,
except that the event must be conducted by a nonprofit organization.
No establishment shall conduct charitable gaming more than one time
per calendar quarter.
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D.
Conditional uses. See Table 3, Uses in Resort Business Districts.
The following additional conditions shall apply:
(1)
Restaurants and other uses.
(a)
Any new facility or expansion of an existing facility which
is enclosed, outdoor or open air, and is defined by any one of the
following general categories:
[1]
Restaurant, with or without an ABCC license, provided that:
[a]
Seated dining for 35 or more patrons must be provided.
[b]
A minimum of 80% of the patron area, exclusive
of kitchens, storage areas, offices, outside service areas, and rest
rooms, must be permanently committed to seated dining, and said seating
areas may not be altered, moved or removed.
[c]
A maximum of 20% of the patron area, exclusive
of kitchens, storage areas, offices, outside service areas, and rest
rooms, may be designated as bar area, where seated and stand-up consumption
of alcoholic beverages by patrons is permitted.
[d]
In the area designated for seated food service,
alcoholic beverages shall only be served to dining patrons.
[e]
No stand-up consumption of alcoholic beverages
in the area designated for seated food service is permitted.
[f]
All tables and chairs shall be maintained in the
configuration shown in the approved conditional use application.
[g]
If the bar area is separated from the dining area
by walls or partitions, the number of patrons in the bar area cannot
exceed the Fire Marshal's occupancy limit for that area.
[h]
Kitchen facilities shall be under the direction
of a chef or cook.
[i]
Restaurants conforming to this subsection shall
be permitted to apply for a conditional use permit for an outside
service area.
[j]
Restaurants not conforming to this subsection are
prohibited from expanding or adding an outside service area.
[2]
Entertainment or amusement facility, with or without an ABCC
license.
[3]
Any commercial, outdoor, open-air operation, or outside service
area, provided that:
[Amended 1-9-2016 by Ord.
No. 724]
[4]
Eateries or cabarets, provided that:
[Amended 1-9-2016 by Ord.
No. 724]
[a]
Alcoholic beverages shall be not be served, nor
shall foods containing or infused with alcohol be served.
[b]
If indoor seating is provided, it shall be limited
to a maximum of 35 patrons.
[c]
If indoor patron area or outdoor seating on premises
is provided, a minimum of one handicapped unisex restroom shall be
provided. Said restroom shall have unimpeded access directly from
the patron area of the eatery and not through the food preparation
area or storage area.
[Amended 6-25-2021 by Ord. No. 768]
[d]
If outdoor or unenclosed tables or chairs are provided
by the eatery, the hours of operation of the outdoor or unenclosed
area shall not extend beyond 11:00 p.m.
[e]
Outside loudspeakers for the amplification of sound
shall not be permitted.
[f]
Portable toilets shall not be permitted.
[g]
Hours of operation shall not be earlier than 6:00
a.m. and not after 1:00 a.m. of the following day.
[h]
Additionally, operation of an eatery or cabaret
shall meet any and all other conditions established by the Town Commissioners
at the time of any initial or subsequent approval.
(b)
Expansion of an existing nonconforming bar, tavern or nightclub, whether involved in the sale of food or not, not to exceed 50% of the existing facility, provided that only one such expansion shall be permitted for such facility during the lifetime of the establishment operating as a conditional use, and further provided that the provisions of § 185-60A of this Code shall not be applicable to an application for expansion of a nonconforming use pursuant to this subsection.
(c)
All restaurants, bars and eateries in existence as of the date of the adoption of Ordinance No. 228 (April 11, 1992) may continue to operate the facility as before the adoption of said ordinance as a nonconforming ("grandfathered") facility. The status of the nonconforming, grandfathered facility shall terminate and the facility shall be required to operate in conformity with this Code, § 185-25D, § 185-35A, and § 185-35B, if there is a(n):
[1]
Expansion of or addition to the existing building or existing
outside service area except as required by applicable codes or insurance
requirements.
[2]
Reduction of the percentage of patron area committed to seated
dining.
[3]
Reduction of service areas by internal rearrangement for the
purpose of creating an increase in the bar areas of more than 100
square feet of floor space as of the date of the adoption of Ordinance
No. 234 (July 10, 1992).
(2)
Filling station - a retail establishment that provides retail sales
of gasoline and diesel fuels and possibly provides routine motor vehicle
services and operation of a convenience store, provided that:
[Added 1-9-2016 by Ord.
No. 724]
(a)
Product sales and services are limited to the retail sale of
petroleum-based and other vehicle-related consumable products and
the routine servicing of motor vehicles, such as the retail sales
and/or installation of automotive accessories, automobile washing
by hand, undercoating and rustproofing services, waxing and polishing
of automobiles, tire changing and repairing (excluding recapping),
battery service, changing and replacement (excluding repair and rebuilding),
radiator cleaning and flushing (excluding steam cleaning and repair),
and state inspection.
(b)
The following operations shall only be performed if conducted
within a completely enclosed building: brake servicing, limited to
servicing and replacement of brake cylinders, lines and brake shoes;
wheel balancing, and the testing, adjustment and replacement or servicing
of carburetors, filters, generators, points, rotors, spark plugs,
voltage regulators, water and fuel pumps, water hoses and wiring.
(c)
Any convenience food store operation on the lot or parcel shall
also provide for the retail sale of petroleum-based and vehicle-related
products as part of its normal operations.
(d)
In no case shall the following be permissible as part of any
filling station or automobile service station operation: automobile
wrecking; automobile or auto parts recycling; auto body repairs; automobile
painting; the parking or storing of inoperable, wrecked or unregistered
vehicles; the parking or storing of motor vehicles for hire, such
as taxis, limousines, or tour vans or buses; parking of motor vehicles
for a fee; or the operation, parking or storing of more than one towing
vehicle.
(3)
No new hotels/motels. Defined as any business providing lodging for
transient patrons and regulated under Delaware State Code _____, no
new hotels or motels shall be permitted in the Town of Dewey Beach
per Ordinance No. 430 enacted 4/8/2000. Existing hotels/motels shall
conform to the following:
[Added 1-9-2016 by Ord.
No. 724]
(a)
Is operated exclusively as a place of temporary lodging on a
daily basis.
(b)
Is open to the public in its entirety rather than to a limited
group, except that one room or suite may be reserved for the use of
the resident manager.
(c)
Contains a public lobby and guest registration area in which
all reservations are recorded.
(d)
Provides full-time on-site management during the summer season,
daily linen service, and daily housekeeping of all guest rooms and
suites. The on-site management shall be responsible for the conduct
of all guests, shall coordinate all rentals from realtors or travel
agents, shall establish via room registration or rental agreement
the maximum occupancy per room, and shall see that all guests are
aware that exceeding the allowable occupancy shall be subject to immediate
eviction and loss of rental.
(e)
Limits the number of guest rooms and/or suites to the number
approved by the building permit.
(f)
Has available for assignment at least one parking space per
guest room plus two for the office.
(g)
Is subject to the Delaware Division of Revenue hotel or motel
room tax.
E.
Uses permitted by special exception. See Table 3, Uses in Resort
Business Districts.
F.
Special events permitted for a limited period of time. See Table
3, Uses in Resort Business Districts.
H.
Height, area and bulk requirements. See Table 2, Bulk Zoning Standards
in All Districts.
I.
Reference to additional regulations. The regulations contained in
this section are supplemented or modified by regulations contained
in other articles of this chapter and other chapters of the Town's
municipal code, especially the following:
A.
Purpose of the district. This district represents the middle level
of commercial development intensity in a main-street-like district
lining the Coastal Highway corridor (S.R. 1). The features of this
zone include structures that are either entirely dedicated to commercial
land use, or mixed-use structures of floor-area footage of not less
than 1/3 commercial land use and not greater than 2/3 residential
land use, providing use of the first floor or street level is restricted
to commercial land use activities. Single-family detached dwellings
and multifamily dwellings in a building or structure dedicated to
residential use are prohibited.
C.
Permitted accessory uses. See Table 3, Uses in Resort Business Districts.
D.
Conditional uses. See Table 3, Uses in Resort Business Districts.
E.
Uses permitted by special exception. See Table 3, Uses in Resort
Business Districts.
F.
Special events permitted for a limited period of time. See Table
3, Uses in Resort Business Districts.
H.
Height, area and bulk requirements. See Table 2, Bulk Zoning Standards
in All Districts.[2]
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
I.
Reference to additional regulations. The regulations contained in
this section are supplemented or modified by regulations contained
in other articles of this and other chapters of the Town's municipal
code, especially the following:
A.
Purpose of the district.
(1)
This district represents the lowest level of commercial development
in coexistence with dedicated residential land use. The features of
this zone include structures that are either entirely dedicated to
commercial land use, are of mixed-use with floor-area footage of not
less than 1/3 commercial land use and not greater than 2/3 residential
land use and providing that usage of the first floor or street level
is restricted to commercial land use activities, and dedicated residential
land uses, including detached single-family residences and multifamily
residential structures.[1]
[1]
Editor's Note: Former Subsection A(2), which pertained to
the availability of relaxed bulk standards under certain conditions,
which immediately followed this subsection, was repealed 7-25-2018 by Ord. No. 749.
C.
Permitted accessory uses. See Table 3, Uses in Resort Business Districts.
D.
Conditional uses. See Table 3, Uses in Resort Business Districts.
E.
Uses permitted by special exception. See Table 3, Uses in Resort
Business Districts.
F.
Special events permitted for a limited period of time. See Table
3, Uses in Resort Business Districts.
H.
Height, areas and bulk requirements. See Table 2, Bulk Zoning Standards
in All Districts.[3]
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
I.
Reference to additional regulations. The regulations contained in
this section are supplemented or modified by regulations contained
in other articles of this and other chapters of the Town municipal
code, especially the following:
A.
Purpose. The purpose of this district is to allow overall residential
development for a large block of land rather than requiring separate
residential structures on individual lots without, however, increasing
the density which would be permitted in the larger NR or RR District
in which such a PR overlay is located, and to permit large-scale developments
as a means of creating a superior living environment through unified
developments and to provide for the application of design ingenuity
while protecting existing and future developments when determined
to be for the public welfare, safety and benefit.
C.
Permitted accessory uses. See Table 1, Uses in Residential Districts.
D.
Conditional uses. See Table 1, Uses in Residential Districts.
E.
Uses permitted by special use exception. See Table 1, Uses in Residential
Districts.
G.
Permitted signs: all signs permitted by Article V in a residential district, but limited in area to seven square feet.
H.
Applicability of the district. To enable the district to operate
in harmony with the purposes of this chapter and population densities
embodied in these regulations, the PR Planned Residential District
is created as a special district to be superimposed on other districts
contained in these regulations, specifically the NR and RR Districts,
and is to be so designated by a special symbol for its boundaries
on the Official Zoning Map. The minimum lot requirements, maximum
height, minimum yard requirements and accessory uses shall be determined
by the requirements and procedures set forth in this article, which
shall prevail over conflicting requirements of these regulations or
articles governing the subdivision of land.
I.
Minimum district area. The minimum area for a PR Planned Residential
District under this section shall be a parcel of 100,000 square feet
or more.
J.
Ownership control. The land in a PR Planned Residential District
need not be under single ownership, provided proper assurances are
given through the procedure contained in this section or elsewhere
in these regulations that the project can be successfully completed
and maintained as a whole.
K.
Review standards for height, area and bulk requirements.
(1)
Relaxation of specified bulk standards is permissible in accordance
with and as restricted by Table 2, Bulk Zoning Standards in All Districts,[3] for the PR Zoning District, provided there is public access
to all common areas of the development and any waterfront areas shall
be for public use.
[Amended 7-25-2018 by Ord. No. 749]
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
(2)
The Town Commissioners or their designated agent shall review the
conformity of the zoning site plan with the standards of this chapter
and recognized principles of civic design, land use planning and landscape
architecture as well as aesthetics and comments of neighboring property
owners. The minimum lot and yard requirements of the zoning district
in which the development is located need not apply but the site plan
shall insure appropriate relationships between buildings and municipal
streets and the height of buildings to preserve and assure adequate
open spaces. However, the maximum height of any structure shall be
35 feet.
(3)
The Town Commissioners may impose conditions regarding the layout
and design of the proposed development and, where applicable, shall
require that appropriate deed restrictions or other restrictions be
filed to assure compliance with its development plan.
(4)
The Town Commissioners shall review the location of proposed single-family
detached dwellings and dedicated-residential buildings containing
multifamily dwelling units and determine the appropriate character
of such locations.
L.
Height. See Table 2, Bulk Zoning Standards in All Districts.[4]
[4]
Editor's Note: Table 2 is included at the end of this chapter.
M.
Area. See Table 2, Bulk Zoning Standards in All Districts.
N.
Commercial versus residential use ratio. Commercial uses are prohibited.
See Table 1, Uses in Residential Districts, and Table 2, Bulk Zoning
Standards in All Districts.
O.
Minimum lot area and frontage, external and tiered setbacks, and
number of dwelling units permitted. See Table 2, Bulk Zoning Standards
in All Districts. Exterior setbacks from streets shall not be less
than 20 feet for new structures. The maximum number of dwelling units
permitted shall be determined by dividing the gross lot area by the
minimum lot area per dwelling unit shown in Table 2, Bulk Zoning Standards
in All Districts. Any area of land in the parcel set aside for common
open space, interior roads, parking other than in an underground parking
garage or more than one level of a multilevel parking garage, or recreational
use may be included in determining the number of dwelling units permitted.
P.
Off-street parking. Off-street parking shall be provided consistent
with the minimum requirements indicated in Table 2, Bulk Zoning Standards
in All Districts, for residential use. Design of parking lots, garages
and other improvements shall be subject to site plan review and approval.
Q.
Other requirements.
(1)
Planting and beautification areas.
(2)
Use of permeable paving materials.
(3)
Use of environmentally sustainable materials and construction techniques
shall be considered by the developer.
(4)
The applicant shall provide the Town Commissioners with proposed
renderings showing the elevations and facades for the proposed building(s)
and streetscape plan.
R.
Completion guarantee. Upon final approval of a site plan by the Town
Commissioners, the developer shall guarantee completion of the development
plan within a period to be specified by the Town Commissioners and
shall post an appropriate bond or other form of contractual guarantee
to be approved by the Town Commissioners. No building permit shall
be issued until such guarantee is posted.
A.
Purpose of the district. The purpose of this planned resort business
overlay is to allow overall commercial and/or mixed-use development
for a large block of land rather than requiring separate commercial
and/or mixed-use structures on individual lots. This overlay will
permit large-scale entirely commercial or mixed-use developments as
a means of creating a superior business and living environment through
unified developments of large contiguous tracts of land and to provide
for the application of design ingenuity while protecting existing
and future developments when determined to be for the public welfare,
safety and benefit.
C.
Permitted accessory uses. See Table 3, Uses in Resort Business Districts.
D.
Conditional uses. See Table 3, Uses in Resort Business Districts.
E.
Uses permitted by special use exception. See Table 3, Uses in Resort
Business Districts.
F.
Special events permitted for a limited period of time. See Table
3, Uses in Resort Business Districts.
H.
Applicability of the district. To enable the district to operate
in harmony with the purposes of this chapter of the Municipal Code
of the Town of Dewey Beach and heights and densities embodied in these
regulations, the PRB-1 Planned Resort Business District-1 is created
as a special district for contiguous tracts of land to be superimposed
on the Town's RB-1 Resort Business District contained in these regulations
and is to be so designated by a special symbol for its boundaries
on the Official Zoning Map. The minimum lot requirements, maximum
height, maximum floor area ratio and dwelling unit density, minimum
yard requirements and permitted, conditional and accessory uses shall
be determined by the requirements and procedures set forth in this
section, which shall prevail over conflicting requirements of these
regulations or articles governing the subdivision of land.
I.
Minimum district area. The minimum area for a PRB-1 Planned Resort
Business District-1 under this section shall be a contiguous parcel
of 80,000 square feet.
J.
Ownership control. A development plan may be submitted for land in
a Planned Resort Business District that incorporates more than one
parcel owned by more than one person or entity, provided that adequate
assurances are given that the project can be successfully completed
and maintained as a whole.
K.
Review standards.
(1)
Relaxation of specified bulk standards is permissible in accordance
with and as restricted by Table 2, Bulk Zoning Standards in All Districts,
for the PRB-1 Zoning District,[2] provided there is public access to all common areas of
the development and any waterfront areas shall be for public use.
[Amended 7-25-2018 by Ord. No. 749]
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
(2)
The Town Commissioners or their designated agent shall review
the conformity of the detailed zoning site plan with the standards
of this chapter and recognized principles of civic design, land use
planning and landscape architecture as well as aesthetics and comments
of neighboring property owners. The minimum lot and yard requirements
of the zoning district in which the development is located need not
apply but the site plan shall insure appropriate relationships between
buildings and municipal streets and the height of buildings to preserve
and assure adequate open spaces. However, the maximum height of any
new structure within a PRB-1 District shall not exceed 35 feet.
(3)
The Town Commissioners may impose conditions regarding the layout
and design of the proposed development and buildings and, where applicable,
shall require that appropriate deed restrictions or other restrictions
be filed to assure compliance with its development plan.
(4)
The Town Commissioners shall review the location of proposed
residential, commercial and mixed-use structures and determine the
appropriate character of such locations.
L.
Height. See Table 2, Bulk Zoning Standards in All Districts.[3]
[3]
Editor's Note: Table 2 is included at the end of this chapter.
M.
Area. See Table 2, Bulk Zoning Standards in All Districts.
O.
Minimum lot area and frontage, external and tiered setbacks, and
number of dwelling units permitted. See Table 2, Bulk Zoning Standards
in All Districts. The maximum number of dwelling units permitted shall
be determined by dividing the gross lot area by the minimum lot area
per dwelling unit shown in Table 2, Bulk Zoning Standards in All Districts.
Any area of land in the parcel set aside for common open space, interior
roads, parking other than in an underground parking garage or more
than one level of a multilevel parking garage, or recreational use
may be included in determining the number of dwelling units permitted.
The Town Commissioners may reduce the number of dwelling units permitted
as a matter of legislative discretion.
P.
Bulk. See Table 2, Bulk Zoning Standards in All Districts.
Q.
Off-street parking.
(1)
See Table 2, Bulk Zoning Standards in All Districts.
(2)
In the case of mixed uses, uses with different parking requirements
occupying the same building or premises, or use of a building or premises
by more than one use having the same parking requirements, the total
number of off-street parking spaces required shall equal the sum of
the requirements of the various uses computed separately. Design of
parking lots, garages and other improvements shall be subject to site
plan review and approval.
R.
Other requirements.
(1)
Planting and beautification areas.
(2)
Use of permeable paving materials.
(3)
Use of environmentally sustainable materials and construction
techniques shall be considered by the developer.
(4)
The applicant shall provide the Town Commissioners with proposed
renderings showing the elevations and facades for the proposed building(s)
and streetscape plan.
S.
Completion guarantee. Upon final approval of a site plan by the Town
Commissioners, the developer shall guarantee completion of the development
plan within a period to be specified by the Town Commissioners and
shall post an appropriate bond or other form of contractual guarantee
to be approved by the Town Commissioners. No building permit shall
be issued until such guarantee is posted.
A.
Purpose of the district. The purpose of this planned resort business
overlay is to allow overall mixed-use development for a large block
of land rather than requiring separate commercial, mixed-use or residential
structures on individual lots. This overlay will permit large-scale
mixed-use developments as a means of creating a superior business
and living environment through unified developments of large contiguous
tracts of land and to provide for the application of design ingenuity
while protecting existing and future developments when determined
to be for the public welfare, safety and benefit.
C.
Permitted accessory uses. See Table 3, Uses in Resort Business Districts.
D.
Conditional uses. See Table 3, Uses in Resort Business Districts.
E.
Uses permitted by special use exception. See Table 3, Uses in Resort
Business Districts.
F.
Special events permitted for a limited period of time. See Table
3, Uses in Resort Business Districts.
G.
Permitted signs. All signs as permitted by Article V regarding signage for Resort Business Districts.
H.
Applicability of the district. To enable the district to operate
in harmony with the purposes of this chapter of the Municipal Code
of the Town of Dewey Beach and heights and densities embodied in these
regulations, the PRB-3 Planned Resort Business District-3 is created
as a special district for contiguous tracts of land to be superimposed
on the Town's RB-3 Resort Business District contained in these regulations
and is to be so designated by a special symbol for its boundaries
on the Official Zoning Map. The minimum lot requirements, maximum
height, maximum floor area ratio and dwelling unit density, minimum
yard requirements and permitted, conditional and accessory uses shall
be determined by the requirements and procedures set forth in this
section, which shall prevail over conflicting requirements of these
regulations or articles governing the subdivision of land.
I.
Minimum district area. The minimum area for a PRB-3 Planned Resort
Business District-3 under this section shall be a contiguous parcel
of 80,000 square feet. Such area shall not be significantly increased
or decreased once approval for preliminary site plans has been obtained.
J.
Ownership control. A development plan may be submitted for land in
a Planned Resort Business District that incorporates more than one
parcel owned by more than one person or entity, provided that adequate
assurances are given that the project can be successfully completed
and maintained as a whole.
K.
Review standards.
(1)
Relaxation of specified bulk standards is permissible in accordance
with and as restricted by Table 2, Bulk Zoning Standards in All Districts,[2] for the PRB-3 Zoning District, provided there is public
access to all common areas of the development and any waterfront areas
shall be for public use.
[Amended 7-25-2018 by Ord. No. 749]
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
(2)
The Town Commissioners or their designated agent shall review
the conformity of the detailed zoning site plan with the standards
of this chapter and recognized principles of civic design, land use
planning and landscape architecture as well as aesthetics and comments
of neighboring property owners. The minimum lot and yard requirements
of the zoning district in which the development is located need not
apply but the site plan shall insure appropriate relationships between
buildings and municipal streets and the height of buildings to preserve
and assure adequate open spaces. However, the maximum height of any
new structure within a PRB-3 District shall not exceed 35 feet.
(3)
The Town Commissioners may impose conditions regarding the layout
and design of the proposed development and buildings and, where applicable,
shall require that appropriate deed restrictions or other restrictions
be filed to assure compliance with its development plan.
(4)
The Town Commissioners shall review the location of proposed
residential, commercial and mixed-use structures and determine the
appropriate character of such locations.
L.
Height: not to exceed 35 feet. See Table 2, Bulk Zoning Standards
in All Districts.
M.
Area. See Table 2, Bulk Zoning Standards in All Districts.
O.
Minimum lot area and frontage, external and tiered setbacks, and
number of dwelling units permitted. See Table 2, Bulk Zoning Standards
in All Districts. The maximum number of dwelling units permitted shall
be determined by dividing the gross lot area by the minimum lot area
per dwelling unit shown in Table 2, Bulk Zoning Standards in All Districts.
Any area of land in the parcel set aside for common open space, interior
roads, parking other than in an underground parking garage or more
than one level of a multilevel parking garage, or recreational use
may be included in determining the number of dwelling units permitted.
P.
Bulk. See Table 2, Bulk Zoning Standards in All Districts.
Q.
Off-street parking.
(1)
See Table 2, Bulk Zoning Standards in All Districts.
(2)
In the case of mixed uses, uses with different parking requirements
occupying the same building or premises, or use of a building or premises
for more than one use having the same parking requirements, the total
number of off-street parking spaces required shall equal the sum of
the requirements of the various uses computed separately. Design of
parking lots, garages and other improvements shall be subject to site
plan review and approval.
R.
Other requirements.
(1)
Planting and beautification areas.
(2)
Use of permeable paving materials.
(3)
Use of environmentally sustainable materials and construction
techniques shall be considered by the developer.
(4)
The applicant shall provide the Town Commissioners with proposed
renderings showing the elevations and facades for the proposed building(s)
and streetscaping plan.
S.
Completion guarantee. Upon final approval of a site plan by the Town
Commissioners, the developer shall guarantee completion of the development
plan within a period to be specified by the Town Commissioners and
shall post an appropriate bond or other form of contractual guarantee
to be approved by the Town Commissioners. No building permit shall
be issued until such guarantee is posted.
