Dewey Beach City Zoning Code
ARTICLE II
Districts and District Maps
§ 185-4 Establishment of districts.
[Amended 1-11-2014 by Ord. No. 708]
In order to regulate and restrict the location and use of buildings and land for trade, industry, residence, and other purposes, 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:
NR | Neighborhood Residential |
RR | Resort Residential |
RB-1 | Resort Business-1 |
RB-2 | Resort Business-2 |
RB-3 | Resort Business-3 |
PR | Planned Residential (NR or RR Overlay) |
PRB-1 | Planned Resort Business-1 (RB-1 Overlay) |
PRB-3 | Planned Resort Business-3 (RB-3 Overlay) |
§ 185-5 Reference to district names.
A.
The term "flood-prone areas" shall include all areas within the one-hundred-year floodplain, including FEMA-designated VE, AE and AO flood zones. Almost all of the properties in RR, RB-1, RB-2 and RB-3 lie in flood-prone areas.
[Amended 1-11-2014 by Ord. No. 708]
B.
The term "residential" used in reference to zoning districts shall include NR Neighborhood Residential and RR Resort Residential Districts unless otherwise indicated.
C.
The terms "commercial," "business" or "resort business" used in reference to zoning districts shall include all resort business districts, RB-1, RB-2 and RB-3 Districts, unless otherwise indicated.
§ 185-6 Official Zoning Map.
A.
The boundaries of the districts are hereby established as shown on the Zoning Map entitled the "Zoning Map, Town of Dewey Beach," which properly attested shall be on file in the office of the Town, which map, with all explanatory matter thereon, shall be deemed to accompany, be, and is hereby made a part of this chapter. A copy of the Official Zoning Map shall be recorded in the Office of the Recorder of Deeds, Sussex County, at Georgetown, and shall periodically be revised to show amendments.[1]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
B.
The Official Zoning Map, together with subsequent applicable amendments, shall be conclusive as to the current zoning status of land.
C.
The flood-prone areas (including FEMA-designated VE, AE and AO flood zones) shall be deemed an overlay on any existing, or hereafter established, zones or districts within the Town.
[Amended 1-11-2014 by Ord. No. 708]
§ 185-7 Informational copies of Official Zoning Map.
A.
Informational copies of the Official Zoning Map shall be available for inspection at the Town office and at such other locations as may be necessary or convenient, including the Town's official website, www.townofdeweybeach.com.
B.
Drafting errors or omissions may be corrected on the Official Zoning Map, but no changes in district zoning boundaries may be made except to show properly adopted amendments.
C.
Changes to the boundaries of the flood-prone areas (including FEMA-designated VE, AE and AO flood zones) may be made where warranted by natural or other causes and where a study of flood-prone conditions has been made utilizing field techniques of the U.S. Army Corps of Engineers or some comparable agency. All changes will be subject to review and approval of the Federal Insurance Administration (FIA) before becoming effective.
[Amended 1-11-2014 by Ord. No. 708]
§ 185-8 Interpretation of district boundaries.
A.
A district name or letter combination shown on the Official Zoning Map indicates the regulations pertaining to the district designated by that name or letter combination and extends throughout the whole area in the Town bounded by the district boundary lines within which such name or letter combination is shown or indicated, except as otherwise provided by this section.
B.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of these regulations, the following rules apply:
(1)
In cases where a boundary line is given a position within a street or alley, easement, canal, navigable or nonnavigable stream, it shall be deemed to be in the center of the right-of-way of the street, alley, easement, canal, or stream, and if the actual location of such street, alley, easement, canal or stream varies slightly from the location as shown on the district map then the actual location shall control.
(2)
In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.
(3)
Where the district boundaries as shown on the Official Zoning Map approximately coincide with lot lines, the lot lines shall be construed to be the district boundary line unless otherwise indicated.
(4)
Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning district adjoining each such street, alley, or public way shall automatically be extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
§ 185-9 Regulation of areas under water.
Areas which are under water are considered to be within a zoning district and controlled by the applicable district regulations. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with the Town line, or by a straight line projection of the district boundaries as indicated on the district maps. Straight-line district boundaries over water areas shall be assumed to continue as straight lines until they intersect with each other or with the Town limit line.