Delmar City Zoning Code
ARTICLE VII
Residential R-4 District
§ 10-62 Purpose of district.
The purpose of the Residential R-4 District is to encourage development that provides a diverse mix and efficient arrangement of land uses and housing types. Although lots in this district can be smaller, there is added focus on open space for residents and landscaping.
§ 10-63 Uses permitted inherently.
§ 10-64 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-4 District:
A.
Home occupations, if secondary to the use of the dwelling for living purposes and conducted entirely within the dwelling.
B.
Public park and public recreation grounds.
C.
School of general instruction.
D.
Retirement community.
E.
In multifamily, multistory residential buildings, the following small business operations are permitted by exception on the first floor only:
(1)
General merchandise stores, including such uses as apparel and accessories, cosmetic, drugstores, and small variety stores.
(2)
Specialty retail stores, including such uses as gifts, crafts, newspapers, flowers, books, jewelry, and stationary stores.
(3)
Personal service establishments, including such uses as barbers, beauticians, shoe repair, and tailors.
(4)
Restaurants and other retail food and drink stores, including bakeries, confectionery, candy or gourmet shops, small convenience grocery shops (without gas pumps) and meat, fish, or produce stores.
(5)
Financial institutions, loan companies, and banks.
(6)
Professional services and administrative activities, including such uses as offices of agents, brokers, financial planners, physicians, dentists, attorneys, architects, engineers, musicians, and artists, and governmental offices serving the public.
(7)
Library, museums, art galleries, and public information centers.
§ 10-65 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-4 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.
Personal use gardens, limited to the growing of fruits, grains and vegetables.
§ 10-66 Area requirements.
A.
Minimum lot area: 4,000 square feet.
B.
Minimum interior lot width: 45 feet.
F.
The residential density and mixture shall be determined by the Commission and will be based on input from the developer, nature of the surrounding areas, availability of services, and impact on the community.
G.
All streets and walks shall be adequately lighted at night.
§ 10-67 Parking requirements.
A.
Off-street parking and loading and unloading space shall be provided for all uses, whether an inherent use or a special exception, in accordance with the requirements of Article XXII, Off-Street Parking, Loading and Unloading.
B.
On single-family lots, the parking of vehicles of any type shall not be permitted within the front yard other than on driveways providing access from public streets.
§ 10-68 Open space requirements.
A.
Public open space to meet residents' recreation needs, stormwater management requirements, and environmental protection goals shall be provided through a variety of parks, greens, squares, playgrounds, plazas, greenbelts, preserves, and water infiltration areas. The development shall make the maximum feasible use of the existing natural systems and features.
B.
At least 20% of the total development area is required for community open space in this district. 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.)
C.
Such improvements shall be provided and maintained at the sole expense of the developer, subdivision owner or bona fide community association.
D.
Open space areas shall be maintained so that their use and enjoyment as open space is not diminished or destroyed. Open space areas may be owned, preserved, and maintained by any of the following mechanisms or combinations thereof:
(1)
Dedication of open space to the Town or an appropriate public agency willing to accept the dedication.
(2)
Common ownership of the open space by a homeowners' association which assumes full responsibility for its maintenance.
(3)
Dedication of development rights of open space may be made to an appropriate public agency with ownership remaining with the developer or homeowners' association. Maintenance responsibility shall remain with the property owner.
(4)
Deed-restricted private ownership which shall prevent development and/or subsequent subdivision of the open space land and provide maintenance responsibility.
(5)
Maintenance of natural areas is limited to the removal of litter, dead tree and plant materials, and brush. Natural watercourses shall be maintained as free flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain level.
(6)
Maintenance of recreational areas is limited to insuring that no hazards, nuisances, or unhealthy conditions exist.
(7)
Pedestrian amenities shall be maintained in a clean and safe condition.
§ 10-69 Access and circulation.
A.
Connectivity of pedestrian and vehicular networks, natural systems, and open space networks with adjacent communities, existing and future, shall be provided and maintained.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
B.
The internal street network shall not employ the use of closed street systems, except when there are environmental or topographical constraints or barriers such as railroads or greenways prohibit street extensions, or where the use of closed street systems enhances the design of the community.
C.
The internal street network shall include sidewalks on both sides of street, on-street parking on one side of the street, and bike lanes on all major streets.
§ 10-70 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.