Table 1
Uses in Residential Districts
[Amended 4-25-2009 by Ord. No. 656] | ||||
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NR Neighborhood Residential
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RR Resort Residential
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PR Planned Residential
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Permitted uses. A building or land shall be used
only for the following purposes:
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Single-family detached dwelling but not mobile home
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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
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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
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Public park
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Church, rectory, parish house, convent and monastery,
temple, synagogue and like religious uses
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Transmission lines and their supporting elements
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Dewey Beach municipal building and uses
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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).
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Home occupation in main building or accessory building
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Playhouse, without plumbing, limited in floor area
to 150 square feet and head room limited to five feet
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Swimming pool
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Domestic storage in main building or in an accessory
building
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Garage, private
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Parking of permitted motor vehicle
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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
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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
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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
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Bed-and-breakfast inn; see § 185-23D(1) for the minimum conditional use requirements for operating a bed-and-breakfast
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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.
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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.
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Institutions, educational or philanthropic, including
museums, art galleries and libraries
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Marinas or yacht clubs and swimming or tennis clubs
whether public, private or nonprofit
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Public utilities or public services uses, public or
governmental buildings and uses, including schools, playgrounds, and
public boat landings
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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.
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Private garage for more than four automobiles and floor
area of more than 900 square feet
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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
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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
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Table 3
Uses in Resort Business Districts
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RB-1 Resort Business
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RB-2 Resort Business
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RB-3 Resort Business
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PRB-1 Planned Resort Business
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PRB-3 Planned Resort Business
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Permitted uses. A building or land shall be used
only for the following purposes:
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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
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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
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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
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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.
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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
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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
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Office for professional or general business activity
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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
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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.
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See Conditional Use
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See Conditional Use
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See Conditional Use
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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
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Automobile parking lot and multistory garage
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See Conditional Use
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See Conditional Use
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See Conditional Use
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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
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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
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Single-family detached dwelling, but not a mobile home
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Multifamily dwelling unit in a building or structure
dedicated to residential use, including townhouse and apartment-style
configurations
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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
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See Conditional Use
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See Conditional Use
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Public park
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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
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Transmission line and required supporting elements
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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).
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Domestic storage and storage of office supplies and
other merchandise carried in connection with a permitted use
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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
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Home occupations
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Keeping of pets for personal use when properly licensed
and vaccinated
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Parking of permitted motor vehicles
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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.
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Swimming pool
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Conditional uses. The following uses may be permitted as conditional uses when approved in accordance with the provisions of Article VII of this chapter:
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Hospitals, clinics or first-aid stations for treatment
of humans
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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.
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Courtyard development/ cluster buildings with dedicated
commercial or mixed use
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Educational or philanthropic institutions, including
museums, art galleries and libraries
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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
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Public pier for fishing
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Day-care facility for care of children or the elderly,
when appropriately licensed and in conformance with all state and
county regulations
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Package store (consistent with ABCC licensing and regulation)
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Bus stop
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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
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Permitted Use
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Permitted Use
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Automobile parking lot and multistory garage
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Permitted Use
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Permitted Use
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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.
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Permitted Use
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Permitted Use
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Garage, private
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Filling station
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Tents of all types designated to be in operation for
a period of time of seven days or less
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Restaurants and other uses as per requirements in § 185-25D(1) conditional use requirements for restaurants and other uses
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Signs larger than 85 square feet on a single surface
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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.
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Exceptions to parking requirements as per the requirements in § 185-67B(2), exceptions to parking requirements
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Temporary structures for the sale of food or merchandise
for a period greater than seven days
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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.
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Kiosks
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Private garage for more than four automobiles and floor
area of more than 900 square feet
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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
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Temporary outdoor display or promotional activities
designated to be in operation for a period of time greater than seven
days
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Temporary parking for trailers for special events and/or
construction activities, but not along the Coastal Highway right-of-way
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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.)
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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:
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A.
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No patron area shall be expanded to encompass more
than 2,000 square feet.
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B.
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No temporary expansion permit shall be granted for
a time period exceeding 72 hours in duration.
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C.
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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.
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D.
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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.
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E.
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Applications for temporary expansions of patron areas
shall be submitted not less than 90 days in advance of the proposed
special event.
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F.
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The application shall include a flat fee of $500 per
day of the proposed special event.
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G.
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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.
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H.
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Additional conditions of approval may include the following:
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(1)
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Additional security measures to protect the health,
safety and welfare of the event participants and the community as
a whole.
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(2)
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Restrictions on the hours of operation of a special
event.
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(3)
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The provision and screening of adequate facilities,
such as portable toilets and waste receptacles.
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(4)
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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.
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(5)
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Any other condition that promotes and protects the
health, safety and welfare of the community at large.
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Special events permitted for a limited period
of time. Special-event permits shall be approved by the Town Commissioners
following a public hearing.
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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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