Lewes City Zoning Code
ARTICLE XIII
Conditional Uses
§ 197-94 Definition.
"Conditional uses" are uses that are generally desirable for the general convenience and welfare but, because of their nature, require additional review to assess their impact on neighboring properties and the entire City.
§ 197-95 Application and review process.
[Amended 2-14-2022; 7-14-2025]
A.
New application submission.
(1)
Applications for conditional uses shall be submitted to the City Planner. The City Planner may provide forms to facilitate application processing.
(2)
Applications shall be made in writing and shall provide the following information:
(a)
Name(s) and address(es) of applicant(s) and property owner(s).
(b)
Statement of the type of use requested.
(c)
Information about the property for which the application is being made.
B.
Notification of public hearing.
(1)
Notice of a public hearing for a proposed conditional use or proposed conditional use with a site development plan shall, in addition to any other requirements in this chapter, be posted on the property that is the subject of the pending application. Such notice shall be posted at least 15 calendar days prior to the date of the hearing at which the application is scheduled as an agenda item. Upon request of the applicant, the City Planner or their designee shall provide notice by causing a sign to be posted which satisfies the following requirements:
(a)
18 inches by 24 inches, with a yellow or other highly visible color background:
(b)
Placed in a prominent and easily visible location;
(c)
Include the date, time, and place of public hearing;
(d)
Include a statement in plain language of the action requested;
(e)
Include the name of applicant; and
(f)
Such notice shall not be removed before the public hearing, or the end of the written comment period proposed by the Planning Commission or the Mayor and City Council for that particular public hearing.
(2)
Mailed notification. At least 15 calendar days prior to the date of the hearing, the applicant shall notify, by certified mail with return receipt requested, the last known address of all property owners certified by the applicant to be the property owners within a 200-foot radius of the boundaries of the property which is the subject of the subdivision or site plan application, that such application is being filed with the City. The notice shall include the time, and place of public hearing, statement in plain language of the action requested, the name of applicant, and location of application (address). The applicant shall provide proof of the notification to the City Planner at least seven calendar days prior to the scheduled public meeting or hearing.
(3)
Published notification. At least 15 calendar days prior to the date of the hearing, the applicant shall cause to be published in a paper of general circulation, a notice of the time and place of the hearing, a statement in plain language of the action requested, the name of applicant, and the location of the property that is the subject of the application. The applicant shall provide proof of publication to the City Planner at least seven calendar days prior to the scheduled public meeting or hearing.
C.
Burden of proof on applicant. An applicant for a conditional use shall have the burden of presenting the information needed by the Mayor and City Council to make a determination.
D.
Planning Commission review. The Planning Commission shall review each conditional use application at a regular or special meeting and forward a recommendation to the Mayor and City Council.
§ 197-96 Required findings.
The Mayor and City Council shall determine whether each conditional use application:
A.
Is in harmony with the purposes and intent of the Comprehensive Plan.
B.
Will be in harmony with the general character of its neighborhood considering density, design, bulk, and scale of proposed new structures.
C.
Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties.
D.
Will not cause objectionable noise, vibrations, fumes, odors, dust, glare, or physical activity.
E.
Will have no detrimental effect on vehicular or pedestrian traffic.
F.
Will not adversely affect the health, safety, security, or general welfare of residents, visitors, or workers in the area.
G.
Will not unduly affect designated scenic byways.
H.
Complies with all other applicable standards, laws, and regulations in addition to the provisions of this chapter.
I.
May require additional off-street parking (based on the conditional use in question).
J.
Additional requirements for certain conditional uses. The following requirements are in addition to the required findings in this article for the conditional uses listed below:
[Amended 9-11-2017]
(1)
Restaurant, above street level:
(a)
Minimum tract size shall be 20,000 square feet.
(b)
The front yard setback shall be 25 feet or the established building line.
(c)
At the time of application, a site plan shall be submitted, drawn to scale by a Delaware certified surveyor or professional engineer showing:
[1]
The location of all structures (existing and proposed) located on the premises;
[2]
The design, dimension and location of any proposed sign;
[3]
The location of all vehicular entrances and exits to the proposed property;
[4]
The location of all off-street parking spaces and loading areas;
[5]
The location of all lot lines and the names of adjoining property owners;
[6]
The location and type of any proposed fencing, screening or planting areas;
[7]
The location of all proposed outdoor lighting; and
[8]
Federal Emergency Management Agency floodplain delineations.
(d)
If the structure contains a "basement" defined as a story, or the floor of the first story is elevated five feet above the level from which the height of the building is measured and the area beneath the first floor is used for business purposes or parking, then the restaurant use shall be confined to the first story of the structure.
(2)
Manufactured home parks.
[Added 8-13-2018;[1] amended 12-11-2023]
(a)
Permitted only when existing prior to annexation into the City of Lewes.
(b)
Land lease area/manufactured home site: dimensional and use regulations.
[1]
Minimum area: 2,400 square feet.
[2]
Minimum lot width: 35 feet.
[3]
Maximum lot coverage: 50% main structure up to 65% total.
[4]
Setbacks front yard: five feet minimum with eight feet maximum; side yard: five feet, and rear yard: five feet.
[5]
Separation distance between buildings: 16 feet.
[6]
All land lease area/manufactured home sites shall have the corner of each site visibly marked and numbered by a permanent marker.
[7]
Only one manufactured home per land lease area/manufactured home site.
[8]
Maximum building height: 20 feet.
[9]
Maximum one story.
(c)
Accessory structures: dimensional regulations.
[1]
Five-foot setback to all land lease area/manufactured home site.
[2]
Sixteen-foot separation distance to a main structure on adjacent land lease area/manufactured home site.
[3]
Eight-foot separation distance from any accessory structure on adjacent land lease area/manufactured home site.
[4]
Maximum height of 20 feet.
(d)
No manufactured home site/land lease area shall be offered for sale or sold.
(e)
The park shall include a minimum of 1.5 acres of open space accessible to all manufactured home occupants and suitable for recreation.
(f)
Steps with related landing may project four feet into the required setback. If it is under 28 square feet, it shall not count towards lot coverage.
(g)
Two off-street parking spaces shall be provided on each manufactured home site.
(h)
Support operations intended primarily for occupants of the park, such as a management office and laundry facilities, shall be permitted within the park area.
(i)
Proper provision shall be made for public water supply, sanitary sewers, electric connections, fire protection, laundry, toilet, and bathing facilities.
(j)
All manufactured homes shall meet the Manufactured Home Construction and Safety Standards of the United States Department of Housing and Urban Development (HUD) Code, as approved June 15, 1976, and as amended.
[1]
The HUD Standards dictate the minimum size of a home and the age that can be placed within a manufactured home community.
(k)
Any manufactured home may be replaced with another manufactured home as long as the above conditions are satisfied.
(l)
A site plan showing the metes and bounds description of the park, and all land lease areas, shall be provided.
(m)
No new manufactured home sites/land lease areas shall be created within the floodplain.
(n)
Floodplain. The maximum building height for structures in the floodplain may be increased to be equal to the freeboard requirement.
(3)
Residential planned community (RPC).
[Added 8-13-2018]
(a)
Permitted only in the Annexation Mix Zone (AX-MIX).
(b)
The minimum tract area shall be 20 acres or greater.
(c)
The minimum required open space shall be 20% of the tract area.
(d)
The RPC must be developed so that total overall land area meets the following criteria:
[1]
Townhouse residential shall not be greater than 50% of the total family units in the development.
[2]
Area dedicated to commercial space shall be limited to 6% and office space shall be limited to 10%, or a combination of commercial and office space not to exceed 16% both including any accessory uses, of the overall land area including any common parking or utility areas that are required in connection with the uses.
(e)
The base permitted residential units for an RPC shall be determined based on the following formula (Note: Convert all values into square feet):
[Gross Area - Commercial Area - Office Area - Open Space Area] = Base Permitted Residential Units |
10890 |
(f)
All lots shall be configured to be contained completely outside of all wetlands as defined by this chapter.
(g)
A minimum of 25 feet of permanent setback buffer must be maintained around the outer boundaries of all wetlands, except for tidal waters, tidal tributary streams and tidal wetlands and from the ordinary high-water line of perennial nontidal rivers and nontidal streams where a fifty-foot permanent buffer is required. No building or paving shall be placed within these buffers. The "buffer zone" shall be maintained in natural vegetation but may include planted vegetation where necessary to protect, stabilize or enhance the area.
(h)
Buildings or structures located within 50 feet of an existing residential development shall provide adequate transition in density or shall provide a thirty-foot buffer meeting the standards below and maintained by a designated entity.
[1]
A planting strip at least 30 feet wide near the property line which shall include two canopy trees, four understory trees and 10 shrubs per 100 linear feet of buffer; or
[2]
A landscaped rolling berm at least four feet in height; or
[3]
A solid fence or wall a minimum of six feet in height designed with durable materials, texture and colors compatible with adjacent residential development.
(4)
Two-family dwelling in R-4 and R-4(H) Zones.
[Added 9-14-2020]
(a)
The exterior of the building shall be designed and constructed to look as one building.
(b)
There should be a separation distance of 600 feet between two-family dwellings along the same side of the street.
(c)
The two-family dwellings should be in keeping with the proportion, rhythm, balance and scale of the houses within a 600-foot radius.
(d)
Two-family dwellings are limited to one attached garage per unit.
§ 197-97 Relationship to development plan approval.
[Amended 7-14-2025]
A.
Approval of an application by the Mayor and City Council does not supersede or obviate the need for complying with any development plan review standards or requirements. Conditional uses requiring a site plan shall comply with all provisions of Chapter 170, Subdivision and Land Development, Article V, Site Development Plan Review.
B.
The Mayor and City Council may condition approvals on satisfactory compliance with applicable development review standards and/or may request that the Planning Commission conduct development plan review in conjunction with its review and recommendation on an application.
§ 197-98 Duration; expiration.
[Amended 9-14-2020; 7-14-2025]
A.
Duration.
(1)
The Mayor and City Council may impose a specified time period of conditional use approval or renewal thereof. The approval period shall commence on the date of Mayor and City Council approval.
B.
Expiration. A conditional use approval expires when such use is abandoned, or upon expiration of the approval, or if the approved use has not commenced within two years from the date of Mayor and City Council approval, whichever is sooner. "Abandonment" as used herein shall mean that the subject parcel remains idle or unused, or that no construction activity is actively underway, for any continuous period of two years, whether or not equipment or fixtures are removed.
(1)
A conditional use approval granted in conjunction with a site plan review shall automatically expire upon the expiration of the associated site plan.