Henlopen Acres City Zoning Code
ARTICLE IV
R-Residential District
§ 130-16 Applicability.
In the R-Residential District, the following regulations shall apply.
§ 130-17 Permitted uses.
Buildings, upon approval of the Environmental Approval Committee, may be erected, altered or used and a plot or premises may be used for any of the following purposes, and no other:
A.
Single-family detached dwelling.
B.
Tilling of the soil for the growing of plants, vegetables, vines, bushes or trees for produce solely for the occupant family's use. No commercial agricultural use or keeping of any animals, except household cats or dogs, is permitted.
[Amended 10-12-1984; 1-10-2003]
D.
Accessory uses and structures, except garages. Accessory uses shall be located at least 10 feet to the rear of the dwelling and within the side and rear building lines. Any accessory structure or recreational use requiring the construction or installation of a pad, paving, court, or combination thereof, except a swimming pool, shall not be placed on any property unless provided by special exception by the Board of Adjustment. Fencing or walls shall comply with Subsection G of this section.
[Amended 1-8-1999; 10-12-2001; 10-14-2005; 10-13-2017; 4-8-2022]
(1)
All construction or structures shall be located at least 10 feet to the rear of the dwelling and shall comply with all side and rear setback requirements.
(a)
Exceptions. Tool or equipment sheds of fireproof material are permitted, provided they are attached to the rear of the principal dwelling and shall not exceed 48 square feet. Cooking facilities are permitted, provided they are attached or contiguous to the principal dwelling and are not visible from the street.
[Added 10-13-2017]
(2)
There shall be adequate and appropriate screening, fencing, walls or a combination thereof determined by the Board of Adjustment to be necessary to protect abutting property owners. Such screening, fencing or walls shall comply with Subsection G of this section.
(3)
The recreation area shall be used only by the owner of the property, the owner's immediate family and guests of the owner.
(4)
(Reserved)
(5)
A special exception shall become invalid unless construction shall have commenced within 90 days after the special exception is granted, or if construction authorized by the special exception is suspended or abandoned for 15 days, not necessarily consecutive, after construction has commenced; provided, however, that for good cause shown the Board of Adjustment may grant an extension for the construction of the facilities. The construction extension shall not exceed a maximum of six months.
(6)
The uses and values of adjoining property shall be preserved by such other safeguards and conditions as the Board of Adjustment shall deem necessary.
E.
Private boathouses solely for the docking and protection of boats, piers and bulkheads on the land owned by the United States Government and rented by the owner of adjoining waterfront lots along the canal and also along Sandy Bottoms, namely, Block E, Lots 1 through 14; Block H, Lots 1 through 14; Block R, Lots 1 through 7; Block S, Lots 1 through 5; Block Z, Lots 1 through 3, where there is navigable water and as approved by appropriate federal, state and County agencies.
[Amended 10-12-1984]
F.
Art galleries, art studios and art classrooms, theater and theater classrooms, when authorized as a special exception, except where one of the principal activities is one which is customarily carried on for profit as a business.
[Amended 10-12-1984]
G.
Fences or walls as accessory uses shall not be placed on any property unless permitted by the Board of Adjustment by a variance caused by an unnecessary hardship to the property which may include meeting requirements set by state or federal law and which shall meet the following requirements:
[Added 1-8-1999]
(1)
Property owner shall apply for a variance by the Board of Adjustment; said application shall be reviewed by the Office of Zoning Administration prior to forwarding to the Board of Adjustment for compliance with all regulations.
[Amended 7-11-2008]
(2)
Fences or walls shall not be located nearer the front of the property than the rear line of the dwelling nor nearer the side boundaries of the property than the side lines of the dwelling.
(3)
The location of the rear setback for fencing shall be determined by the Board of Adjustment and, where such fencing is adjacent to a bridle path, it shall be set back at least two feet or the distance deemed necessary by the Board of Adjustment to provide for utility or municipal access from the bridle path.
(4)
Fences or walls shall not be located on any bridle path.
(5)
This chapter shall not apply to any actions on behalf of the Town.
(6)
Fences or walls shall be of approved materials only.
(7)
Fences or walls shall have a maximum height of four feet on the sides paralleling the side lot lines; the rear height shall be such height as is approved by the Board of Adjustment.
(8)
Fences or walls shall be invisible from the street on which the house fronts which shall be determined by street address.
(9)
Adequate and appropriate screening for fencing or walls shall be determined by the Board of Adjustment.
H.
Swimming pool as accessory use. Accessory swimming pools (open and not enclosed within a structure) are permitted as accessory uses in the R-Residential District subject to the following requirements:
[Added 10-14-2005]
(1)
Lighting shall be by underwater lights and/or above-ground lighting not exceeding 24 inches in height and which shall be shielded in such a way as to have no adverse impact on the adjacent neighbors.
(2)
Provide protective covering for the swimming pool.
(3)
Fencing or walls are required around any swimming pool. The height of the fence enclosing any swimming pool located in the R-Residential District shall be four feet in height and shall be constructed or installed at a minimum of three feet from the edge of the swimming pool so as to provide an area for ingress and egress. All such fences shall be of approved material.
(4)
Swimming pools and related fencing or walls shall be located at least 10 feet to the rear of the dwelling and shall comply with all side and rear setback requirements.
§ 130-18 Prohibited uses.
[Added 8-31-1998]
Any use not listed is specifically prohibited. In any event, a group rental is specifically prohibited.
§ 130-19 Lot and building requirements.
[Amended 4-12-2002]
A.
A lot area shall be as delineated on the Supplementary Survey Map of Henlopen Acres, dated April 6, 1931, as amended.
B.
The width of the lot along the street line shall not be less than 100 feet.
C.
No lot shall be less than 12,500 square feet.
D.
The building area of any lot or premises shall not exceed 20% of the lot area or area of the premises.
F.
The maximum square footage of the total floor area of a dwelling unit and all other structures on a lot shall not exceed 6,000 square feet, including all that which is under roof, excluding an uninhabitable attic and/or uninhabitable basement.
[Amended 1-14-2005; 7-11-2008; 10-10-2008]
G.
The coverage of a lot for driveway, sidewalk, ground level decking/patio/terrace, pool and other accessory structures shall be no more than 20% of the lot area or area of the premises.
H.
There shall be a minimum of 60% of the lot area or area of the premises remaining open space in natural state or in formal landscaping.
I.
In the case of a corner lot, the owner shall establish one street as the street on which the dwelling erected or to be erected fronts for the purposes of the United States Postal Service and other agencies. A dwelling may be placed on the diagonal on such corner lots so long as the appropriate yard and setback requirements established in this chapter are met; front setback requirements, not less than the established building line, must be met on each street.
[Added 10-10-2003; amended 1-9-2015]
§ 130-20 Building setback.
[Amended 4-28-2001; 7-11-2003; 1-9-2015]
The front yard shall extend back from the property line a distance that is the average setback distance of the two nearest dwellings on each side of the lot under review. However, if the average setback distance of the two nearest dwellings on each side of the lot under review is less than 20 feet, then the front yard shall extend back from the property line a minimum distance of 20 feet. If the average setback distance of the two nearest dwellings on each side of the lot under review is more than 40 feet then the front yard shall extend back from the property line a minimum distance of 40 feet.
§ 130-21 Side yards.
[Amended 10-14-2005]
There shall be two side yards, one on each side of the main building, neither of which shall be less than 20 feet wide, exclusive of the width of an easement or bridle path.
§ 130-22 Rear yard.
There shall be a rear yard, the depth of which shall be at least 20 feet exclusive of the width of an easement or bridle path.
§ 130-23 Rear and front yard sum.
[Amended 10-14-2005]
The sum of the rear yard and the front yard shall be at least 50 feet. The depth of the rear yard shall be at least 20 feet exclusive of the width of an easement or bridle path.
§ 130-24 Minimum livable floor space; height.
[Added 4-1-1977; amended 10-12-2001]
No structure shall exceed 30 feet in height as defined in § 130-4. No one-story or bi-level house shall be constructed in the Town of Henlopen Acres with less than 1,800 square feet of livable floor space exclusive of porches, garages, basements, breezeways or storage areas. No two-story or Cape Cod house shall be constructed in the Town of Henlopen Acres with less than 2,400 square feet of livable floor space exclusive of porches, garages, basements, breezeways or storage areas.