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Delmar City Zoning Code

ARTICLE IV

Residential R-1 District

§ 10-28 Uses permitted inherently.

[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
The following uses are permitted inherently in the R-1 District:
A. 
Single-family detached dwelling.
B. 
Public park and public recreation grounds.
C. 
Publicly owned and operated building or structure, with uses of a recreational, cultural, educational or utility nature (e.g., library).
D. 
School of general instruction.

§ 10-29 Uses permitted by special exception.

[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
The following uses are permitted by special exception in the R-1 District:
A. 
Church or other place of worship, excluding bus storage or cemetery as accessory uses.
B. 
Buildings and uses of a recreational, cultural, fraternal, social and utility nature, except as otherwise permitted inherently.
C. 
Cemetery.

§ 10-30 Accessory uses and structures.

[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
The following accessory uses and structures are permitted in the R-1 District:
A. 
Private garages and other accessory uses normally associated with a residential use, such as, but not limited to, a detached home workshop, swimming pool and greenhouse, all of which shall be incidental to the use of the property as a residence.
B. 
Home office or home occupation.
C. 
Child-care home or nursery school.
D. 
Festival or fair, as long as conducted on lands owned by a church or place of worship, public park, recreation grounds or a social or fraternal group.
E. 
Carnival or circus, if it is held on publicly owned lands, such as public parks or recreational areas, and if they are operated by or for the benefit of a nonprofit organization.
F. 
Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use.
G. 
Personal use gardens, limited to the growing of fruits, grains and vegetables.

§ 10-31 Area requirements.

A. 
Minimum lot area: 7,000 square feet.
B. 
Minimum lot width: 50 feet.
C. 
Minimum setbacks of principal structure:
(1) 
Front: 20 feet.
(2) 
Rear: 30 feet.
(3) 
Side: 10 feet on each side.
D. 
Minimum setbacks of accessory structures:
(1) 
Rear: five feet.
(2) 
Side: three feet.
E. 
Maximum building height:
(1) 
Principal structure: 35 feet.
(2) 
Accessory structures: 20 feet.
F. 
Other requirements. Where the majority of front setbacks have been established by existing development within a block, the average depth of said front setbacks shall apply. Where there is considerable irregularity in said setbacks, the Board may determine the appropriate setback which will be the most compatible to the established setback of existing development to either side of the parcel under consideration.

§ 10-32 Building coverage of residential lots.

[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
An accessory building may be built in a rear yard, provided that not more than 59% of the area of a required rear yard is occupied by such garages and other accessory buildings. Swimming pools may be built in the rear yards but may not occupy more than 75% of the required rear yard.

§ 10-33 Parking requirements.

A. 
Off-street parking shall meet the requirements set forth in Article XXII, Off-Street Parking, Loading and Unloading.
B. 
The parking of vehicles of any type shall not be permitted within the front yard other than on driveways providing access from public streets.

§ 10-34 Street standards.

Street standards shall meet those set forth in Article XXIII, Street and Sidewalk Standards.

§ 10-35 Open space.

A minimum of 20% of the entire subdivision must be retained in open areas and deeded for the common use of residents of the development. The common and developed open space area shall be planned as an integral part of the development providing access to and benefits for all residents of the development. Of the 20%, at least half must be deemed to be active open spaces, such as playgrounds, jogging paths, picnic areas, soccer fields, etc., as determined by the Planning and Zoning Commission. (Example: if a wooded area with a trail is included in the open space plan, only the trail itself would be considered active open space.)

§ 10-36 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.