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115-3 (Purpose)
115-3 (Purpose)
The zoning regulations and districts as herein established are designated and adopted in accordance with a Comprehensive Plan to promote, in accordance with the present and future needs, the health, safety, morals, convenience, order, prosperity and general welfare of the inhabitants of Sussex County, Delaware, including, among other things, the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads; securing safety from fire, flood and other dangers; providing adequate light and air; preventing on the one hand excessive concentration of population and on the other hand excessive and wasteful scattering of population or settlement; promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate provisions for public requirements, transportation, water flowage, water supply, water- and air-pollution abatement, drainage, sanitation, education opportunities, recreation, soil fertility, food supply and protection of the tax base; securing economy and governing expenses; fostering the state's agricultural and other industries and protecting both urban and nonurban development. The regulations are made with reasonable consideration, among other things, of the character of the particular district involved, its particular suitability for particular uses, the conservation of property values and natural resources and the general and appropriate trend and character of land, building and population development.
115-4 (Definitions and Word Usage)
115-4 (Definitions and Word Usage)
Agricultural Related Industry
Business establishments that rely on farm or forest products for a substantial portion of their material inputs and that obtain at least 51 percent of their inputs either directly from the local farm or forest/logging industry or indirectly through local early stage processors or wholesalers. For the purpose of this definition, "local" is interpreted to mean the Delmarva Peninsula.
[Added 1-27-2004 by Ord. No. 1658]
Convenience Store
Any retail establishment offering for sale prepackaged food products, household items, newspapers, and prepared foods, usually for off-site consumption.
[Added 2-27-2018 by Ord. No. 2550]
Filling or Service Station
Any building, structure or land used for the sale, at retail, of motor vehicle fuels, lubricants or accessories or for the servicing of automobiles or repairing of automobiles or repairing of minor parts and accessories.
[Amended 2-27-2018 by Ord. No. 2550]
Fuel Station
An accessory use for the retail dispensing or sales of vehicular fuels consisting of fuel pumps.
[Added 2-27-2018 by Ord. No. 2550]
Home Occupation
[Amended 7-28-1992 by Ord. No. 847]
Any occupation, profession, enterprise or activity, conducted solely by one or more members of a family on the premises, which is incidental and secondary to the use of the premises for dwelling, provided that no commodity is stored or sold, except such as is made on the premises, and there shall be no group instruction, assembly or activity and no outside storage or display material on the premises.
(1) When within the above requirement, a "home occupation" includes, but is not limited to, the following:
(a) Art or craft studio.
(b) The practice of cosmetology or barbering in AR and GR Districts, limited to one chair.
(c) Dressmaking or custom baking.
(d) Professional office of a physician, dentist, lawyer, engineer, architect, accountant or salesman.
(e) Private instruction limited to one or two pupils at a time.
(f) Family day-care homes.
(2) A "home occupation," however, shall not be interpreted to include nursing homes, convalescent homes, rest homes, restaurants, tearooms, tourist homes or similar establishments.
Restaurant
"Restaurant" includes the following:
[Added 2-27-2018 by Ord. No. 2550]
(1) Establishments where food and drink are prepared, served, and sold primarily for consumption within the principal building.
(2) Establishments where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside of the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
Retail Sales
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Characteristics of such uses include:
[Added 2-27-2018 by Ord. No. 2550]
(1) Usually a business place engaged in activity to attract the general public to buy.
(2) Buys and receives as well as sells merchandise.
(3) May process or manufacture some of its products (e.g., a jeweler or a bakery), but processing is secondary to principal use.
(4) Generally sells to customers for personal or household use.
115-5 (Districts Established)
115-5 (Districts Established)
[Amended 12-27-1983 by Ord. No. 163]
In order to regulate and restrict the location and use of buildings and land for trade, industry, residence and other purposes and to regulate and restrict the location, height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces and the density of population, the following zoning districts are hereby established:
A. Residential districts:
AR-1 Agricultural Residential District
AR-2 Agricultural Residential District
MR Medium-Density Residential District
GR General Residential District
HR-1 High-Density Residential District
HR-2 High-Density Residential District
UR Urban Residential District
RPC Residential Planned Community District
VRP Vacation-Retirement-Residential-Park District
B. Business and commercial districts:
[Amended 2-27-2018 by Ord. No. 2550]
UB Urban Business District
B-1 Neighborhood Business District
C-1 General Commercial District
CR-1 Commercial Residential District[1]
B-2 Business Community District
B-3 Business Research District
C-2 Medium Commercial District
C-3 Heavy Commercial District
C-4 Planned Commercial District
C-5 Service/Limited Manufacturing District
I-1 Institutional District
[1] Editor's Note: This district was added to this subsection pursuant to Ord. No. 1870, adopted 8-22-2006, which ordinance added the CR-1 Commercial Residential District to the Code.
C. Industrial districts:
M Marine District
LI-1 Limited Industrial District
LI-2 Light Industrial District
HI-1 Heavy Industrial District
D. Flood-prone districts:
FP Coastal Floodplain
HA Coastal High-Hazard Area
FW Floodway
FF Floodway Fringe
Article III (Provisions Applicable to all Districts)
Article III (Provisions Applicable to all Districts)
115-15 (Prohibited Uses)
[Amended 4-16-2019 by Ord. No. 2644]
For the purpose of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited. The Commission shall have the authority to determine whether a use shall be permitted because it is clear from the context of the lists or other regulations that it should be permitted due to its similarity to those uses that are listed as permitted.
Article IV Agricultural Residential Districts (AR-1 and AR-2)
Article IV Agricultural Residential Districts (AR-1 and AR-2)
115-19 (Purpose)
The purpose of these districts is to provide for a full range of agricultural activities and to protect agricultural lands, as one of the county's most valuable natural resources, from the depreciating effect of objectional, hazardous and unsightly uses. They should also protect established agricultural operations and activities. These districts are also intended for protection of watersheds, water resources, forest areas and scenic values and, at the same time, to provide for low-density single-family residential development, together with such churches, recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings. The AR regulations seek to prevent untimely scattering of more-dense urban uses, which should be confined to areas planned for efficient extension of public services.
115-20 (Permitted Uses)
A. A building or land shall be used only for the following purposes:
(1) Detached single-family dwellings on individual lots. A manufactured home may be used as a detached single-family dwelling on an individual lot, provided that it conforms to the following restrictions:
[Amended 7-8-1997 by Ord. No. 1153; 5-18-1999 by Ord. No. 1308; 10-12-2010 by Ord. No. 2152; 10-8-2019 by Ord. No. 2682]
(a) The lot is not within a major subdivision created prior to the effective date of this section.
(b) There is a minimum width along any exterior front, side or rear elevation of 24 linear feet, exclusive of any garage area or other attached accessory structures .
(c) It is permanently mounted on a solid foundation or pier foundation system and anchored and, in each case, in accordance with the manufacturer's installation instructions.
(d) All wheels, axles, transportation lights and removable towing apparatus, if any, shall be removed from the manufactured home when it is placed on the foundation in accordance with Subsection A(1)(c) above.
(e) All utilities shall be permanently connected in accordance with applicable Sussex County Code provisions.
(f) The siding of all manufactured homes shall be continuous so as to enclose any joining of two or more sections.
(g) It complies with all pertinent provisions of the Housing Code of Sussex County and the Fire and Health Codes of the State of Delaware.
(h) All multisectional manufactured homes, initially placed pursuant to the provisions of this section, shall be not more than 10 years old. All replacement multisectional manufactured homes shall not be of an older model than the manufactured home being replaced and shall conform to this section. Any other manufactured home which, at the effective date of this section, does not conform to the requirements of this section, may be replaced with a manufactured home which is not of an older or smaller model than the manufactured home being replaced. A single section manufactured home may be replaced by a single section manufactured home; a single section manufactured home may be replaced by a multisectional manufactured home; a multisectional manufactured home may be replaced by a multisectional manufactured home; a multisectional manufactured home shall not be replaced by a single section manufactured home.
(i) In addition to the requirements herein, a manufactured home shall comply in all respects with the design and technical requirements of § 115-187.
(2) On a property of less than five acres, any farm, truck garden, orchard or nursery uses.
(3) Temporary removable stands for not over six months' use per year, for seasonal sales of products raised on the premises and products raised on other lands in Sussex County owned or leased by the owner of the premises on which the stand is located, and no business office or store is to be permanently maintained on the premises, except as provided in § 115-22 regarding stores or shops for sale of farm products, farm supplies, groceries, beverages, drugs, food and similar stores and shops.
[Amended 11-30-2004 by Ord. No. 1729]
(4) Churches, rectories, parish houses, convents and monasteries, temples and synagogues.
(5) Golf courses, not lighted for night play and not including miniature golf courses, putting greens, driving ranges and similar activities operated as a business, but including a building for a golf pro shop, locker room and snack bar as an accessory use to a permitted golf course, provided that no such building is located closer than 100 feet to adjoining property lines. Practice greens and tees may accompany a standard nine-hole or eighteen-hole golf course occupying at least 75 acres.
(6) Public parks, public and private forests, wildlife reservations and similar conservation projects.
(7) Recreational uses such as tennis courts, swimming pools and other similar activities operated exclusively for the use of private membership and not for commercial purposes, provided that no such use, structure or accessory use is located closer than 50 feet to any adjoining property line, unless such property line fronts a public street or waterway with rights-of-way not less than 25 feet, in which instance the required setback need not exceed 25 feet, and provided further that all such facilities must be located on a site having a minimum of two acres.
(8) Stable structures or feed lots, private, or keeping and feeding of horses, ponies, cattle, sheep, goats, hogs or poultry for personal enjoyment and not as a business, provided that any building for keeping of animals shall be located at least 50 feet from any lot lines and 100 feet from any dwelling not on the premises.
(9) Greenhouses, commercial, provided that the lot area shall be five acres or more.
(10) Swimming pools, game courts, picnic grounds, boat basins, lakes or similar activities in a development or subdivision when such facilities are situated on a separate lot or parcel within said development or subdivision for use of the residents and their guests and not commercially operated, may be on less than two acres. Such facilities will be subject to a site plan review, and setbacks will be determined by the Commission.
(11) Transmission lines and their supporting elements.
(12) Open space as defined in § 115-4.
[Added 12-16-2008 by Ord. No. 2022[1]]
[1]Editor’s Note: This ordinance also provided that it shall apply to applications filed after 1-1-2009.
(13) Special events.
[Added 9-18-2018 by Ord. No. 2599]
(a) Special events held outdoors or within a temporary structure for a purpose different from the permitted use and usual occupancy of a premises or site that are administratively approved by the Director or his or her designee, when the event: will not impair the purpose and intent of the Zoning Ordinance; is not so recurring in nature as to constitute a permanent use not otherwise permitted in the district; and will not significantly affect the surrounding properties. Events that are consistent with the permitted use and usual occupancy of a site or that occur on land owned by the United States of America, the State of Delaware, Sussex County, municipalities and educational institutions are permitted. "Special events" include circuses, carnivals, midways, promotional and tent sales events, fairs, festivals, concerts, rodeos, shows, races/walks or any other event or mass gathering.
(b) No more than three special events shall be approved for the same property or premises during a calendar year. Each special event shall be counted as one calendar day, not including reasonable set up and removal time when the event is not otherwise underway.
(c) In determining whether to administratively approve a special event, the Director or his or her designee shall consider the following:
[1] The estimated number of attendees;
[2] The size of the parcel where the special event is to be located;
[3] The parking requirements of the special event;
[4] Roads and traffic patterns providing access to the special event;
[5] Prior events conducted by the applicant;
[6] Noise, light, odor, and dust generated by the special event;
[7] Proposed hours of operation and number of consecutive days; and
[8] Such other considerations that may be applicable to the requested event.
(d) The Director or his or her designee may impose conditions upon an administrative approval.
(e) All special events, regardless of size, location, use or duration, shall be subject to the requirements of the Sussex County Special Event and Public Safety Services Policies and Procedures. Failure to abide by the Sussex County Special Event and Public Safety Services Policies and Procedures may result in the termination of the special event's administrative approval.
(f) Special events that do not meet these requirements or which are not administratively approved shall require a conditional use.
(14) Use of a manufactured home as a single-family dwelling to meet an emergency or hardship situation that is administratively approved by the Director or his or her designee and subject to the following:
[Added 10-22-2019 by Ord. No. 2684]
(a) The applicant must provide an affidavit from a doctor confirming the existence of the emergency or hardship situation.
(b) There shall be a fee of $50 to request the administrative approval which shall be credited towards a Board of Adjustment application fee should consideration by the Board become necessary.
(c) The applicant shall submit a survey signed and sealed by a surveyor licensed in the State of Delaware to the Director showing the location of the proposed manufactured home.
(d) The Director shall give written notice to adjacent property owners of the requested manufactured home and accept written statements within 10 working days from the date of mailing. If any objection is received, the Director shall refer the application to the Board of Adjustment for a special use exception.
(e) The Director shall consider factors, including whether the manufactured home will have a substantially adverse effect on neighboring properties.
(f) Within 30 working days after the request is submitted, the Director or his or her designee may approve the manufactured home or advise the applicant that an application must be submitted to the Board of Adjustment for a special use exception.
(g) Such an approval shall not exceed two years. The Director may grant an extension for an emergency or hardship situation upon receipt of a subsequent affidavit from a doctor stating that the emergency or hardship situation still exists. Such an extension may be granted annually as long as the emergency or hardship still exists.
(15) Garage/studio apartment with at least one parking space for the exclusive use of the tenant included on the premises that is administratively approved by the Director or his or her designee, and subject to the following:
[Added 10-22-2019 by Ord. No. 2684]
(a) There shall be a fee of $50 to request the administrative approval which shall be credited towards a Board of Adjustment application fee should consideration by the Board become necessary.
(b) The applicant shall submit a survey signed and sealed by a surveyor licensed in the State of Delaware to the Director showing the location of the garage/studio apartment.
(c) The Director shall give written notice to adjacent property owners of the requested garage/studio apartment and accept written statements within 10 working days from the date of mailing. If any objection is received, the Director shall refer the application to the Board of Adjustment for a special use exception.
(d) The Director shall consider factors including whether the garage/studio apartment will have a substantially adverse effect on neighboring properties.
(e) Within 30 working days after the request is submitted, the Director or his or her designee may approve the garage/studio apartment or advise the applicant that an application must be submitted to the Board of Adjustment for a special use exception.
(16) Use of a manufactured-home-type structure for any business, commercial or industrial use that is administratively approved by the Director or his or her designee, and subject to the following:
[Added 10-22-2019 by Ord. No. 2684]
(a) There shall be a fee of $50 to request the administrative approval which shall be credited towards a Board of Adjustment application fee should consideration by the Board become necessary.
(b) The applicant shall submit a survey signed and sealed by a surveyor licensed in the State of Delaware to the Director showing the location of the manufactured-home-type structure.
(c) The Director shall give written notice to adjacent property owners of the requested manufactured-home-type structure and accept written statements within 10 working days from the date of mailing. If any objection is received, the Director shall refer the application to the Board of Adjustment for a special use exception.
(d) The Director shall consider factors including whether the manufactured-home-type structure will have a substantially adverse effect on neighboring properties.
(e) Within 30 working days after the request is submitted, the Director or his or her designee may approve the manufactured-home-type structure or advise the applicant that an application must be submitted to the Board of Adjustment for a special use exception.
(17) A Sussex County Rental Program, or SCRP, townhouse or multifamily development governed by, and subject to, Chapter 72, where at least 25% of all dwelling units are SCRP Units pursuant to Chapter 72. The SCRP development must satisfy the following criteria:
[Added 10-18-2022 by Ord. No. 2889]
(a) The site must be located within a Town Center, a Developing Area, Commercial Area or the Coastal Area as described within the Land Use Element and as shown on the Future Land Use Plan of the adopted Sussex County Comprehensive Plan.
(b) The site shall be located within 2,640 feet of a principal arterial road, minor arterial road or major collector road as classified by the Delaware Department of Transportation. In addition, an Applicant should make every effort to coordinate with DART for transit access to and from the site.
(c) The site must be served by a central sewer system and a central water system.
(d) The total maximum number of dwelling units (including both SCRP Units and non-SCRP Units) that may be permitted shall be determined by dividing the gross area by 3,630 square feet. "Gross area" shall exclude any area designated as a tidal tributary stream or tidal wetlands by § 115-193.
(e) There shall be a one-hundred-foot-wide setback around the entire site, which shall incorporate the forested and/or landscaped buffer strip identified in § 99-5. This setback may include walking and biking trails.
(f) The height of any townhouse or multifamily buildings shall not exceed 52 feet or four stories, whichever is greater; provided, however, that if the height does not exceed 42 feet, then the setback described in this subsection shall be reduced from 100 feet to 50 feet.
(g) There shall be sidewalks on at least one side of all streets, roadways and parking areas, with interconnectivity to adjacent walkway systems wherever possible.
(h) There must be interconnectivity with any adjacent property that is zoned C-1, CR-1, C-2, C-3, C-4, C-5, B-1, B-2 or B-3.
(i) There shall be open space that exceeds 50% of the gross area of the entire site.
(j) Sussex County shall commence a comprehensive review of the provisions of this SCRP program as set forth herein on or before January 1, 2028.
B. On a farm of five acres or more, a building or land may be used for the following additional purposes:
(1) Agriculture, including horticultural, hydroponic, chemical or general farming, truck gardens, cultivating of field crops, orchards, groves or nurseries for growing or propagation of plants, trees and shrubs, forest use (tree farming), including use of heavy cultivating machinery, spray planes or irrigating machinery, dairy farming, keeping or raising for sale of large or small animals, reptiles, fish, birds or poultry and including structures for processing and sale of products raised on the premises, provided that:
[Amended 11-26-1991 by Ord. No. 806; 6-15-1993 by Ord. No. 894]
(a) Any commercial grain drier shall be located at least 300 feet from any boundary of the premises on which such use is located, and any noncommercial drier shall be located at least 100 feet from any boundary.
(b) Any feed lot or structure used for the commercial feeding and housing of cattle, sheep and hogs or structure for storage of animal manure or animal waste composting shall be located at least 100 feet from all boundary lines of the premises on which such use is located and shall be 200 feet from any UR, MR, HR, UB or B-1 District boundary and 200 feet from any dwelling not on the premises.
[Amended 2-1-1994 by Ord. No. 953]
(c) Structures for commercial poultry raising, structures for storage of poultry manure and structures for poultry product composting shall be located at least 50 feet from all boundary lines and shall be 200 feet from any UR, MR, HR, UB or B-1 District boundary and 200 feet from any dwelling not on the premises.
[Amended 2-1-1994 by Ord. No. 953]
(d) Commercial slaughtering and processing of large animals such as horses, cows, pigs, sheep or goats shall not be conducted on the premises.
(e) Structures for commercial aquaculture, fish and frog farming, structures for storage of fish or frog waste and structures for fish or frog product composting shall be located at least 50 feet from all boundary lines and shall be 200 feet from any UR, MR, HR, UB or B-1 District boundary and 200 feet from any dwelling not on the premises. Farm ponds utilized for aquaculture, fish or frog farming shall be located at least 50 feet from all boundary lines and shall be 200 feet from any UR, MR, HR, UB or B-1 District boundary and 200 feet from any dwelling not on the premises.
[Amended 2-2-1999 by Ord. No. 1287]
(2) Dog kennels, commercial, provided that any open pens, runs, cages or kennels shall be located at least 200 feet from any lot lines.
(3) Grain storage structures.
(4) Hospitals or clinics for large or small animals, provided that all buildings, structures, pens or open kennels shall be located at least 200 feet from any lot lines.
(5) Stables, public, provided that any building for keeping of animals shall be located at least 200 feet from any lot lines.
§ 115-21Permitted accessory uses.
A. Permitted accessory uses on a farm of five acres or more are as follows:
(1) Accessory structures for sale or processing of farm products raised on the premises.
(2) Accessory open or enclosed storage of farm materials, products or equipment.
(3) Accessory farm buildings, including but not limited to barns, cribs, stable sheds, tool rooms, shops, bins, tanks and silos.
(4) Dwellings for persons permanently employed on the premises.
(5) With respect to a farm of 10 acres or more, one manufactured home for residential purposes for persons employed on the premises or immediate members of the family owning or operating the farm, in addition to the main dwelling structure on the premises. One additional manufactured home may be permitted on a farm of 50 acres or more for residential purposes for persons employed on the premises or immediate members of the family owning or operating the farm. Additional manufactured homes may be permitted on a farm of 10 acres or more as a special use exception for residential purposes for persons employed on the premises or immediate members of the family owning or operating the farm, pursuant to § 115-210A(3)(n).
[Amended 3-5-1991 by Ord. No. 750; 3-25-1997 by Ord. No. 1131; 10-12-2010 by Ord. No. 2152]
(6) All accessory farm buildings shall have the same setbacks as those which are required for a dwelling, except as stated elsewhere in this chapter.
(7) A wind turbine which meets § 115-194.4 as a permitted use.
[Amended 9-13-2011 by Ord. No. 2213]
(8) Farm ponds, subject to § 115-219.
B. Other permitted accessory uses are as follows:
[Amended 10-8-2019 by Ord. No. 2683]
Accessory off-street parking and loading spaces
Boat docks and boathouses
Domestic storage in the main building or in an accessory building
Garages, private
Guest houses
Home barbecue grills
Home occupations in a main building or accessory building
Keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use and not as a business
Playhouses, without plumbing, limited in floor area to 150 square feet and headroom limited to five feet
Servants' quarters
Storage of a boat trailer or camp trailer or a boat, but not in a front yard, provided that it is not used for living purposes while so parked or stored
Swimming pools and game courts, lighted or unlighted, for the use of the occupants or their guests
Temporary buildings, including manufactured home-type structures, the use of which is incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction or upon the expiration of a period of two years of the time of erection of such temporary buildings, whichever is sooner. If construction operations or the initial sale of lots remain actively underway, the Director may grant extensions to this time period
115-22 (Conditional Uses)
115-22 (Conditional Uses)
The following uses may be permitted as conditional uses when approved in accordance with the provisions of Article XXIV of this chapter:
Agricultural related industry, provided that such use is visually and acoustically screened from adjacent highways and property in such a manner that a reasonable passerby is not attracted to or aware of the establishment
[Added 1-27-2004 by Ord. No. 1658]
Airports and landing fields or seaplane bases, provided that they shall comply with the recommendations of the Federal Aviation Administration
Aquariums, commercial
Beaches, commercial
Biotech campus
[Added 1-27-2004 by Ord. No. 1659]
Biotech industry not located within a biotech campus provided that such use is visually and acoustically screened from adjacent highways and property in such a manner that a reasonable passerby is not attracted to or aware of the establishment.
[Added 1-27-2004 by Ord. No. 1659]
Cemeteries, including a crematorium if located at least 200 feet from the boundaries of the cemetery
Excavation or backfilling of borrow pits, extraction, processing and removal of sand, gravel or stone, stripping of topsoil (but not including stripping of sod) and other major excavations other than for construction of swimming pools and foundations for buildings and other than those approved in connection with a street, subdivision or planned residential development. (See § 115-172B.)
Exposition centers or fairgrounds
Heliports or helistops
Hospitals and sanitariums, but not animal hospitals
Institutions, educational or philanthropic, including museums, art galleries and libraries
Land application of sludge, treated sludge or any product containing these materials. For purposes of this section, "sludge" means the accumulated semiliquid suspension, settled solids or dried residue of these solids that is deposited from liquid waste in a wastewater treatment plant or surface or ground waters treated in a water treatment plant, whether or not these solids have undergone treatment. "Septage" is included herein as sludge. "Land application" means the placement of sludge, treated sludge or any other product containing these materials within two feet below the surface of land used to support vegetative growth.
[Added 5-8-1990 by Ord. No. 681]
Livestock auction markets in an AR District
Marinas or yacht clubs
Multifamily dwelling structures and/or townhouses and/or town homes, subject to the provisions of this chapter when:
[Added 7-31-2007 by Ord. No. 1920]
A. Said multifamily dwelling structures and/or townhouses and/or town homes, the owners of which would share and own in common the surrounding grounds (which may also be referred to herein collectively as "units"), lie within a Town Center, a Developing Area, or a Coastal Area as described within the Land Use Element and as shown on the Future Land Use Plan of the adopted Sussex County Comprehensive Plan; and
[Amended 5-21-2019 by Ord. No. 2656]
B. The developer has proffered to Sussex County for the purpose of creating open space for preservation and/or active and/or passive recreation areas a development fee per unit, as described in Chapter 62, § 62-7, for every unit in excess of two units per gross acre that is included in the application; and
C. The Sussex County Council prior to the signing of a contract to purchase or lease open space for preservation and/or active and/or passive recreation areas shall approve all such land or conservation easement purchases which utilize monies paid to the County under the terms of this amendment. All such approvals by the Council shall be by a four-fifths majority vote and shall include a determination that the land and/or conservation easement to be acquired is located in the same watershed area as the land where the bonus density will be located; and
D. It is understood that Sussex County shall control all monies paid to it under this amendment and that the Sussex County Land Trust may act as a recommending body and/or partner at the discretion of the Sussex County Council; and
E. The maximum number of multifamily dwelling structures and/or townhouses and/or town homes, as defined in Subsection A above, included in the application, shall not exceed four dwelling units per gross acre, including land set aside for common open space and/or recreational uses; and
F. The minimum percentage of the total site which shall be set aside as common open space shall be 40% of the total land area included in the application; and
G. There shall be a vegetated buffer of not less than 75 feet, subject to the following conditions:
(1)The vegetated buffer shall be located adjacent to a numbered road shown on the General Highway Map for Sussex County and may include the required setback area from the road and shall be kept free of vehicle parking areas, buildings and structures; and
(2) The vegetated buffer shall include a mix of deciduous shade trees and evergreen trees, a majority of which shall be of common local species; and
(3) The deciduous shade trees shall include trees reasonably capable of attaining a minimum trunk diameter of two inches measured 3.5 feet above the ground within five years of being planted; and
(4) The evergreen trees shall include trees reasonably capable of attaining a minimum height of 10 feet above the ground within five years of being planted; and
(5) The goal of the landscape plan for the buffer area shall be include trees of the type indicated herein that will be planted in a natural manner, as they might appear in nature, as opposed to being planted in row fashion which will filter views from the road in such a manner that the dwelling units appear more green and less dense than if no landscaping had been required; and
(6) A further goal of the landscape plan would be to avoid placing plantings in an area adjacent to the entrance to the development in such a manner as to restrict the view of motorists entering or exiting from the development or restricting sight lines for motorists in such a manner as to create a potential safety hazard; and
(7) The landscape plan for the buffer area shall be designed and signed by a Delaware licensed landscape architect and approved by the Planning and Zoning Commission and County Council; and
H. Council and/or the County Administrator may consider and authorize an expedited review of a conditional use application filed under this section; and
I. Multifamily dwelling structures and/or townhouses and/or town homes shall not be considered as a conditional use under any other provision of this section which existed prior to the date of this amendment; and
J. The density bonus fee for each multifamily and/or townhouse and/or town home dwelling unit in excess of two units per gross acre shall be determined by reference to and the use and application of the per-unit density bonus fees adopted as part of Ordinance 1842 and applicable to cluster developments and appearing in Chapter 62, Article III, § 62-7, as the same may hereafter be modified by Council, from time to time. Council will review the fees for a density bonus under the terms of this amendment on an annual basis and revise such fees as it deems necessary by an appropriate amendment.
Manufactured home parks
[Amended 10-12-2010 by Ord. No. 2152]
Nursing and similar care facilities
[Added 4-16-2019 by Ord. No. 2645]
Parks or campgrounds for mobile campers, tents, camp trailers, touring vans and the like
Private clubs
Public or governmental buildings and uses, including schools, parks, parkways, playgrounds and public boat landings
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations or substations, but not telephone central offices
Racetracks, any type, including horses, stock cars or drag strip
Recreation facilities, privately or commercially operated, such as a fishing or boating lake, picnic grounds or dude ranch, and accessory facilities, including sale of food, beverages, bait, incidentals, supplies and equipment
Residential, business, commercial or industrial uses when the purposes of this chapter are more fully met by issuing a conditional use permit
[Added 4-6-2004 by Ord. No. 1677[1]]
Special events such as circuses or carnival grounds, amusement parks or midways, festivals, concerts, race/walks or any other special event or gathering being held outdoors or within a temporary structure or at a site and for a purpose different from the designated use and usual occupancy of the premises and located on unincorporated lands within Sussex County, permanently or for a temporary time period exceeding three days. Special events not approved by the Director as a permitted use under § 115-20 shall require a conditional use permit. All special events, regardless of duration, shall be subject to the requirements of the Sussex County Special Event Policy.
[Amended 5-1-1990 by Ord. No. 680; 11-10-1992 by Ord. No. 863; 8-20-2013 by Ord. No. 2316; 9-18-2018 by Ord. No. 2599]
Sports arenas or stadiums, commercial athletic fields or baseball parks
Stores or shops for the sale of farm products, farm supplies, groceries, beverages, drugs and food and similar stores and shops
Structures for commercial poultry raising on farms of less than five acres
Swimming or tennis clubs, private, nonprofit or commercially operated
[1] Editor’s Note: This entry was previously repealed 1-27-2004 by Ord. No. 1658.
115-26 (Reference to Additional Regulations)
115-26 (Reference to Additional Regulations)
The regulations contained in this article are supplemented or modified by regulations contained in other articles of this chapter, especially the following:
Article XXI, Signs
Article XXIII, Off-Street Loading
The purpose of this article is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of the relationship to the Comprehensive Plan and possible impact not only on neighboring properties but on a large section of the county, require the exercise of planning judgment on location and site plan.
The following special requirements shall be conditions to approval and development of the indicated conditional uses:
A. A drive-in theater use may be approved, provided that such use:
(1) Shall be arranged with due care to avoid direct entrance or exit on a major highway and that proper traffic safeguards are provided.
(2) Shall provide automobile storage facilities between the ticket gates and the access street equal to 25% of the theater capacity.
(3) Shall have no structure other than an enclosure fence within 50 feet of any site boundary line and shall have the theater screen located not less than 100 feet from any major highway, arterial street or property in a residential district and not facing such highway, street or property, unless the face of the screen is not visible therefrom because of natural or artificial barriers.
(4) Shall have individual car sound speakers, but low-volume horns may supply sound to refreshment stands and other service areas, and may have accessory uses and structures incident to the theater operation, including refreshment stands and toilet facilities, provided that they serve only the patrons while within the theater enclosure.
B. Excavation or backfilling of borrow pits, extraction, processing and removal of sand, gravel or stone, stripping of topsoil (but not including stripping of sod) and other major excavations, provided that:
(1) No material may be brought from off the site for processing, mixing or similar purposes.
(2) The excavating, extraction or filling operation shall be controlled to offer reasonable protection to surrounding properties and the neighborhood, particularly as regards to odors, dust, air or water pollution and uses of roads or streets providing access to the site.
(3) The location of the excavation, extraction or filling with respect to property lines, the depth of excavation or filling and relation to the water table or flood criteria and the slope of the sides of the excavation shall be controlled to prevent a continuing unsightly, hazardous or wasteful condition of the land.
(4) The borrow pit shall be surrounded by a landscaped unexcavated buffer strip of open space a minimum distance of 100 feet from any street lines and a minimum distance of 50 feet from all other property lines. The buffer strip shall remain free of any buildings or streets.
(5) The borrow pit shall be at least 200 feet from any dwelling on property of other ownership.
(6) Prior to issuance of a notice to proceed with development of the borrow pit, a site plan shall be submitted to the Commission for review. The site plan shall be prepared in compliance with this subsection, Article XXVIII of this chapter and the following:
(a) Site plans shall designate existing site conditions, proposed excavation area and proposed reclamation plans.
(b) Approvals shall be required to be submitted from the appropriate governmental agency for ingress/egress and erosion/sediment control.
[Amended 9-30-1986 by Ord. No. 382]
(c) The Commission may request that the site be fenced or screened and may establish greater setbacks due to individual site-related conditions.
(d) The Commission may request that the site plan be reviewed by the Technical Advisory Committee.
(e) In order to assure completion of the approved reclamation, the Commission may recommend to the County Council that performance guaranties be required.
C. Livestock auction market in an AR District, provided that:
(1) Stock pens and main buildings are located at least 300 feet from any street or highway and at least 500 feet from any side or rear boundary line.
(2) Adequate off-street parking and off-street loading space is provided for customers and employees.
D. Cemetery or crematorium, provided that:
(1) The minimum area of the cemetery shall be 10 acres, unless associated with a church or limited to use by a family.
(2) Arrangements are made satisfactory to the County Attorney for perpetual maintenance of the cemetery.
E. Marina or yacht club, provided that:
(1) The marina or yacht club complies with all other codes, regulations, laws and ordinances, including those relating to the establishment of bulkhead line.
(2) The proposed design is satisfactory as regards such safety features as location of fueling points, fuel storage, effect on navigation and possibilities for water pollution.
(3) The marina or yacht club is properly located with respect to access roads and existing and future developed areas.
(4) The necessary approval is obtained from the United States Army Corps of Engineers.
F. Swimming or tennis club, private, nonprofit or commercially operated, provided that:
(1) Facilities shall be limited to those for games and outdoor uses such as swimming pools, shuffleboard, croquet or tennis courts. Indoor facilities shall include only meeting rooms and locker rooms. Games and building locations shall not be located within 25 feet of the side lot lines nor within 25 feet of the rear lot line.
(2) Appropriate fencing and screening from abutting property of all outdoor activity area shall be required. If parking areas are outside this fencing, then appropriate screening of at least three and one-half (3 1/2) feet in height shall be constructed around parking area to protect adjoining property from headlights. The County Council may require the applicant to file with the County Clerk a performance bond during the period of construction, reconstruction or alteration, such bond to be sufficient to insure completion of landscaping and parking plans as submitted.
(3) Any pumps and filters which are located above ground shall be at least 50 feet from abutting properties.
(4) Dispensing of food, beverages, candy and tobacco shall be from coin-operated machines only.
(5) All lights shall be shielded to reflect or direct light away from adjoining property.
(6) The required off-street parking space shall be computed on the basis of one space for each 70 square feet of pool area. The parking layout and surfacing shall be approved by the Director.
G. Manufactured home park, provided that:
[Amended 11-28-1989 by Ord. No. 639; 10-15-1991 by Ord. No. 795; 12-17-1996 by Ord. No. 1120; 12-17-1996 by Ord. No. 1121; 10-12-2010 by Ord. No. 2152]
(1) Exterior access to the manufactured home park shall be from a public highway having an easement width of at least 50 feet, that the number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, that no manufactured home space shall be designed for direct access to a street outside the boundaries of the manufactured home park and that the interior access drive easements shall be properly lighted and at least 50 feet in width, with at least 24 feet in pavement width for two-way traffic and at least 14 feet in pavement width for one-way traffic.
[Amended 3-28-2017 by Ord. No. 2489]
(2) The topography of the site is such as to facilitate rapid drainage and that adequate drainage facilities are provided.
(3) The minimum width and/or depth of the manufactured home park shall be 200 feet and the minimum total area of the manufactured home park shall be five acres. An addition to an existing manufactured home park has no minimum area requirement.
(4) The minimum area for a manufactured home site for parking one manufactured home shall be 5,000 square feet, with a width of not less than 50 feet and with corners of each site visibly marked and numbered by a permanent marker. Any manufactured home with its accessory buildings shall not occupy in the aggregate more than 35% of the gross area of the lot. No lot shall be offered for sale or sold.
(5) In addition to the requirement of Subsection G(4) above, an open space or spaces accessible to all manufactured home occupants and suitable for a recreational land area shall be provided within the park at a ratio of 300 square feet minimum of recreational area per manufactured home site.
(6) The manufactured home park shall be surrounded by a landscaped buffer strip of open space 50 feet wide along all boundary lines. The buffer strip shall remain free of any buildings or streets.
(7) No authorized main residential structure located in a conditional use manufactured home park or any addition thereto shall be parked closer than 20 feet to any other main residential structure or accessory building, and no part of any authorized main residential structure or addition thereto shall be extended closer than 10 feet to the boundaries of the individual residential site or exceed an overall height of 35 feet for sites which have not received a placement permit and for sites which are a minimum of 50 feet from a site which had obtained a placement permit prior to the effective date of this amendment; the overall height limit on sites which have received a placement permit and within 50 feet of sites which have received a placement permit prior to the effective date of this amendment may not exceed 22 feet, and no part of any accessory building shall extend closer than five feet to the boundaries of the individual residential sites or exceed an overall height of 25 feet. Steps with related landing, not exceeding 28 square feet of lot coverage, may project four feet into the required setback. Where a manufactured home/manufactured housing community has been totally developed prior to the adoption of this chapter or where utility systems have been installed prior to enactment and in anticipation of future development, the required authorized primary residential structure setback may be five feet instead of 10 feet.
(8) Two off-street parking spaces shall be provided on each manufactured home site.
(9) Small retail businesses intended primarily for occupants of the park shall be permitted within the park area. Grocery stores, automatic laundries, beauty shops and similar uses are appropriate.
(10) Proper provision shall be made for public water supply, sanitary sewers, electric connections, fire protection, laundry, toilet and bathing facilities.
(11) Proper provision shall be made for refuse storage and collection, subject at all times to County regulations.
(12) An authorized main residential structure in a conditional use manufactured home park may be a manufactured home or an authorized manufactured home. An authorized manufactured home, in addition to a manufactured home, is a housing unit manufactured off-site in one or more component parts or sections over 450 square feet in size, constructed to be connected to utilities; such dwellings are constructed to be towed on a chassis and may be placed upon a permanent or temporary foundation upon a lot or site in a manufactured home park or may remain supported by the chassis used for transportation, for year-round occupancy on a lot or site in a manufactured home park. Authorized manufactured homes can consist of one or more components for movement purposes and they may be capable of being joined together into one integral unit. This subsection, effective December 17, 1996, shall only apply to sites that have not been issued a placement permit prior to the effective date of this subsection.
(13) No part of any accessory building shall extend closer than five feet to the boundaries of an individual residential site, or within 20 feet of a main residential structure or addition thereto on another residential site, or within 10 feet of an accessory building on another residential site, or exceed an overall height of 25 feet. An existing accessory building, of the same dimension, may be replaced in the same location if the accessory building was previously permitted by Sussex County and if authorized by the park management.
[Added 12-14-2010 by Ord. No. 2167]
(14) Open unenclosed landings with steps and temporary handicap ramps for emergency needs providing access into the main residential structure may project four feet into the required side yard setback and the twenty-foot separation requirement. An open unenclosed landing, not exceeding four feet by four feet located near the elevation of the finished floor of the main residential structure shall have the necessary steps to get down from the landing to the grade of the lot. Open unenclosed landings and steps shall not be calculated as part of the lot coverage requirement of 35% since they are required to provide access into the main residential structure. Temporary handicap ramps may be permitted for emergency needs upon receipt of an affidavit from a doctor on an annual basis that an emergency situation exists and shall be subject to the approval of park management, the Director and the County’s Chief of Building Code. A temporary handicap ramp shall be designed and built to County Building Code and federal code guidelines relating to the Americans with Disabilities Act[1] with specified slopes, handrails, etc. A temporary handicap ramp permitted under this subsection shall be removed if the need for it no longer exists.
[Added 12-14-2010 by Ord. No. 2167]
[1] Editor's Note: See 42 U.S.C. § 12101 et seq.
H. Park or campground for mobile campers, tents, camp trailers, touring vans and the like, provided that:
(1) Exterior access shall be from a public highway having an easement width of at least 50 feet, that the number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, that no camping or trailer space shall be designed for direct access to a street outside the boundaries of the park and that the interior access drive easements shall be properly lighted and at least 30 feet in width, with at least 24 feet in pavement width for two-way traffic and at least 14 feet in pavement width for one-way traffic.
[Amended 3-28-2017 by Ord. No. 2489]
(2) The topography of the site shall be such as to facilitate rapid drainage and that adequate draining facilities shall be provided.
(3) Every such area shall be at least 400 feet from any existing dwelling on property of other ownership and shall be at least 100 feet from any public road.
(4) Each campsite shall have an area of at least 2,000 square feet and a width of not less than 40 feet. The park will be surrounded by a landscaped space 50 feet wide along all boundaries. The buffer strip shall remain free of any buildings or streets. No site shall be offered for sale or be sold.
(5) Proper provisions shall be made for public water supply, toilets and bathing facilities and electric connections.
(6) Small retail businesses intended primarily for occupants of the park area shall be permitted within the park area. Grocery stores, automatic laundries, beauty shops and similar uses are appropriate.
(7) Proper provision shall be made for refuse storage and collection, subject at all times to county regulations.
(8) Each campground owner may provide one accessory building on each campsite to be used for storage purposes only and which shall not be used for any purpose of human habitation. Each structure shall be no more than 64 feet in area and shall be no higher than 10 feet. For each campground where these structures are approved, they shall be of uniform design and size and shall be uniformly placed on each campsite. The placement of the aforesaid structures and their design characteristics must be approved by the Commission prior to erection in any campground. This subsection shall be applicable to all conforming and nonconforming campgrounds.
[Amended 5-26-1992 by Ord. No. 831]
(9) With the exceptions of structures mentioned in Subsection H(8) above, there shall be no other structure or manufactured home located on any campsite within a campground. All units to be used for the purpose of human habitation shall be tents, travel trailers, recreational vehicles and equipment manufactured specifically for camping purposes. For the purpose of a residence and/or office for the park manager, there may be one structure or manufactured home within the campground area.
[Amended 10-12-2010 by Ord. No. 2152; 10-12-2010 by Ord. No. 2152]
115-173 (Preliminary Plan)
115-174 (Period of Validity of Approval)
[HISTORY: Adopted by the County Council of Sussex County 6-24-2008 by Ord. No. 1979. Amendments noted where applicable.]
§ 89-5 Adoption of Source Water Protection Area Maps.
§ 89-6 Wellhead protection areas.
§ 89-7 Excellent groundwater recharge areas.
§ 89-10 Source Water Protection Technical Advisory Committee.
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