Henlopen Acres City Zoning Code
ARTICLE XI
Supplementary Regulations
§ 130-57 Corner lot front yards.
In case of a corner lot, a front yard, as provided for each district, shall be required on each street on which the lot abuts.
§ 130-58 Height restriction.
[Amended 7-9-1999 by Ord. No. 99-1; 8-30-1999; 7-9-2004; 10-12-2007; 7-8-2011]
No building shall exceed 30 feet in height as determined in § 130-4, definition of "height," and in no event shall any building have more than two floors above grade for floor area.
§ 130-59 Projections into yards.
No building and no part of a building shall be erected within or shall project into the front yard, side yard and/or rear yard, except cornices, etc., as per § 130-4, definition of "building area."
§ 130-60 Decrease in side and rear yards.
If at the time this chapter becomes effective, any lot or parcel of land is less than 12,500 square feet or less in width than 100 feet, the side and rear yards may be decreased by a special exception of the Board of Adjustment.
§ 130-61 Subdivision and combining of lots.
[Added 8-31-1998; amended 7-14-2000; 4-9-2010]
A.
Any changes in the dimensions or boundary lines, whether by partitioning or subdividing, of any lot or the combining of lots or portions of lots shall require the prior approval of the Board of Commissioners.
B.
The proposed lot(s) shall comply with all lot requirements of this chapter. In addition, side boundary lines shall be continuous straight lines between the front property line and the rear property line, which side boundaries shall be lines projecting the shortest distance in order to reach from the front property line to the rear property line.
C.
Any request for approval shall be submitted in writing to the Town Manager. Such request shall contain a description of the proposed partition, subdivision or combination and such other information as required by the Town Manager. Any applicable fee shall be paid at the time of the submission of said request.
D.
Approval by the Commissioners may be subject to conditions placed by the Commissioners relating to layout, streets, utilities, sidewalks, ground area, and the like.
E.
Any approved changes to any lot or lots shall be recorded by the property owner, in the Office of the Recorder of Deeds, in and for Sussex County, in Georgetown, Delaware, within 30 days of such approval. The property owner shall provide a copy of the recording information, including date, time, book and page of said recording, to the Town within seven calendar days of such recordation. If the approved changes are not recorded within 30 calendar days of the Commissioners' approval, the approval shall be null and void and shall have no effect; provided, however, that the Town Manager may extend the recordation date for good cause.
§ 130-62 Reduction in lot area.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 130-63 Obstruction of view on corner lots.
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, trees, shrub or other growth shall be maintained which shall cause danger to traffic on a street by obscuring the view.
§ 130-64 Fences and walls.
[Amended 10-14-2005]
No fence or wall shall be erected on the lot line or within any of the open spaces required by this chapter.
§ 130-65 Completion of construction or demolition of buildings.
Once the construction or demolition of a building has been commenced, such construction or demolition shall proceed without delay until the same shall be completed, unless such delay be attributable to cause or causes beyond the control of the owner or contractor, as the case may be. The construction or demolition of any building shall not be abandoned once the same has been started until the building shall be completely constructed or demolished, as the case may be. Cessation of work upon the construction or demolition of any building, once started, and before completion thereof, for a continuous period of 30 days shall be prima facie evidence of intent to abandon the same in its partially completed or demolished state, as the case may be. Such action shall be an unlawful act and shall be subject to fine accordingly.
§ 130-66 Minimum requirements.
In interpreting or applying the provisions of this chapter, the provisions hereof shall be held to be the minimum requirements for promotion of health, safety, morals and general welfare of the Town of Henlopen Acres.
§ 130-67 Higher standards to prevail.
A.
Whenever the regulations made under the terms and provisions of this chapter require a greater width or size of yards or require a lower height of buildings or less number of stories, or require a greater percentage of the lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of this chapter shall govern.
B.
Wherever the provisions of any other statute, local ordinance or regulations require a greater width or size of yards or require a lower height of buildings or less number of stories, or require a greater percentage of a lot, to be left unoccupied, or impose other higher standards than are required by the regulations of this chapter, the provisions of said statute or Ordinance or regulation shall govern.
§ 130-68 Parking and storage of junk vehicles.
[Added 4-1-1977]
No stripped down or junk motor vehicle, nor sizable part thereof, nor any motor vehicle which is unlicensed for the current year shall be parked or stored on any lot in Henlopen Acres, except in an enclosed garage.[1]
[1]
Editor's Note: Original Section 1112, which immediately followed this section and dealt with fences of nonliving material, was deleted 7-9-1999 by Ord. No. 99-1 and again 8-30-1999.
§ 130-69 Satellite antennas.
[Added 7-9-1999 by Ord. No. 99-1; amended 8-30-1999; 7-11-2008; 1-8-2010]
No satellite antenna greater than one meter shall be installed, constructed or erected upon any property within any district located within the Town of Henlopen Acres, except in compliance with the provisions of this section.
A.
The satellite antenna shall be permitted only as an accessory use on a lot on which a principal structure has been erected and for which a building permit has been issued by the Town Manager.
B.
The satellite antenna shall be permitted only in the area behind the main structure, and no lot shall contain more than one satellite antenna.
C.
A satellite antenna shall be permitted only as a freestanding structure.
D.
The satellite antenna shall be reasonably screened to minimize the view of the antenna from public thoroughfares and from the ground level of adjacent properties. All screening shall be maintained as originally approved by the Town Manager, which shall be a continuing requirement to maintain a satellite antenna in any district. If the screening is not so maintained, any permit granted in connection with the construction, installation or erection of the satellite antenna is subject to revocation by the Town Manager.
E.
No satellite antenna shall be located closer to the rear property line than the height of said antenna nor closer to any side property line than the height of said antenna or the rear or side setback, respectively, for the principal structure on the lot, whichever results in the greatest setback.
F.
Any permitted satellite antenna shall not have a surface receiving area of a diameter greater than four meters; existing permitted satellite antennas shall be permitted to continue as nonconforming structures.
G.
Each satellite antenna shall be designed in compliance with the American National Standards Institute Standard A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Other Structures, and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennae for Satellite Earth Stations or any modification or successor to such standards, as well as any other construction or performance standard, rule or regulation of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of compliance with the aforesaid standards by the manufacturer's professional personnel or such other professional as shall be deemed appropriate by the Town Manager shall be submitted to the Town Manager as a condition for the issuance of a building permit required by this section.