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Delmar City Zoning Code

ARTICLE XV

Townhouse Development

§ 10-124 Purpose and intent.

This article establishes standards and provisions for the appropriate location and development of sites for townhouses that will more fully and efficiently utilize available public utilities and services. This article is intended to provide the maximum amount of freedom in the design of townhouses and their grouping and layout within certain districts; to provide the amenities normally associated with less dense zoning categories; to permit the greatest possible amount of freedom in types of ownership; and to promote the health, safety, and welfare of present and future inhabitants of the districts in which they are located.

§ 10-125 Area requirements.

A. 
Net lot area. Every townhouse dwelling shall have a minimum lot area of 2,000 square feet. A townhouse development shall have an average of not less than 3,500 square feet per dwelling, but no townhouse development shall be located on a contiguous tract of land containing less than 20,000 square feet.
B. 
Building coverage. Not more than 35% of the lot area shall be occupied by townhouses.
C. 
Green area. Not less than 50% of the lot area shall be devoted to open space provided. Interior patio courts of not less than 125 square feet in area and with a minimum dimension of no less than 10 feet may be computed as green area.

§ 10-126 Yards.

A. 
Yard, front. Each lot shall have a front building line at least 30 feet from, and parallel to, the front lot line or a proposed front street line, if such has been established within the lot, to provide a front yard.
B. 
Yard, side.
(1) 
A side yard at least 20 feet in width shall be provided at each end of every row of townhouses.
(2) 
Each corner lot shall have a side building line such as will provide a side yard equal to the front yard requirements of the lots on the side street which abuts its rear lot line.
C. 
Yard, rear. Each lot shall have a rear yard of at least 30 feet in depth. Accessory buildings shall be located only in the rear yard and shall occupy not over 25% thereof and shall be located not less than three feet from a rear or side lot line nor less than five feet from an alley line, except that, in the case of a corner lot, an accessory building shall be located in accordance with the setback requirements for a corner lot in the district in which it is located.

§ 10-127 Minimum lot frontage at front building line.

Each interior lot used for townhouses shall be not less than 20 feet wide, and there shall be not more than eight townhouses in any one row.

§ 10-128 Building height limit.

The height limit for a townhouse shall be 2 1/2 stories, measured on any external wall, and not over 35 feet.

§ 10-129 Roads.

A. 
Each lot used for townhouses must have at least 100 feet of frontage on a public road. Interior access drives which are not dedicated for public use shall be improved to the standards set forth by the Town of Delmar, unless they are under 500 feet in length, in which case they shall be at least 22 feet wide if two-way and 12 feet if one-way and with no on-street parking. Internal access drives not dedicated for public use shall be improved to the construction standards set forth by the Town of Delmar.
B. 
Points of access to public roads shall be approved by the Town of Delmar, Sussex County, Wicomico County, Delaware and/or Maryland State Departments of Transportation, or appropriate highway authority, as applicable.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]

§ 10-130 Off-street parking requirements.

Off-street parking shall be provided in accordance with Article XXII, Off-Street Parking, Loading and Unloading.

§ 10-131 Application, review and site plan approval.

A. 
Application. An applicant for a building permit for townhouses shall submit for review a comprehensive development plan to the Commission as set forth in Subsection B below and in Article XXVI, Development Plans. The Code Enforcement Officer shall review all material and forward same to the Commission for review and recommendations.
B. 
Site plan approval.
(1) 
No building permit or certificate of occupancy shall be issued for the construction or use of any townhouse except in accordance with a plan of development approved for the lot or tract on which such townhouses are to be located. It is the intent and purpose of this chapter that townhouse development be of varying design to avoid the monotony of development of rows of similarly designed attached dwellings commonly called "row houses."
(2) 
Such plan of development shall show the locations and site of all buildings and structures; the area devoted to parking facilities and accessory buildings; all access roads, drives and walkways; the topography and major vegetation features now existing on the land; the proposed grading, landscaping and screening plans; recreation, outdoor living and other green areas; and other such features necessary for the evaluation of the development plan, including the following:
(a) 
Preliminary drawings, showing floor plans, front and rear elevations and side elevations, where applicable.
(b) 
Evidence of proposed covenants, restrictions and details of maintenance responsibilities of common area and green space, to show that liability for maintenance of such development and that the same may be enforced by liens against the property owners in favor of the Town of Delmar or its assignee.
(3) 
In reviewing the application and plan, the Town shall consider the standards and purpose of this article with a view to achieving a maximum of safety, convenience amenity for surrounding area residents. To these ends, the Town shall consider the location of buildings, parking areas and other features with respect to the topography of the lot and its existing natural features, such as large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the adequacy and location of green area provided, bearing in mind the possible effects of irregularly shaped lots; and such other matters as the Town may find to have a material bearing upon the stated standards and objectives of this chapter with respect to townhouses. However, the Town may consider deviations from strict compliance with the standards outlined in this article, provided they conform to the above-cited purposes of this chapter.
(4) 
The site plan may show no more than two continuous attached houses with the same setback, and the variation in setback must be at least two feet. A profile plan shall show a variation in design of houses or groups of houses sufficient to satisfy the intent of this chapter.
(5) 
The Town shall also review the locations of the townhouse development in relation to surrounding uses and public streets serving the development with the consideration that, while such developments represent a higher density residential use, they should not be restricted to higher density residential zoning districts, but may be comparable with the proper development of low-density, single-family residential districts if located on a major through street or adjacent to a higher density residential district or nonresidential district.

§ 10-132 Open space.

A. 
Not less than 25% of the net project area shall be provided in open space suitable for leisure time activities; this shall include areas designated for swimming pools, tennis courts, etc.
B. 
Developed open space shall include tot lots and may include tennis courts, basketball courts, and picnic areas or other facilities approved by the Commission.

§ 10-133 Site plan review.

[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
Refer to Article XXVI, Development Plans, for site plan review requirements.