Lewes City Zoning Code
ARTICLE V
Dimensional Regulations
§ 197-49 Dimensional regulations.
[Amended 5-14-2018; 9-14-2020]
A.
Residential and residential mix zones. The Table of Dimensional Regulations for the OS, R-1, R-2, R-2(H), R-3, R-3(H), R-4, R-4(H), R-5, LC, LC(H), AX-RES, and AX-MIX Zones is included as an attachment to this chapter.
B.
Nonresidential zones. The Table of Dimensional Regulations for Nonresidential Zones is included as an attachment to this chapter.
§ 197-50 Cluster development.
[Added 5-14-2018]
A.
Permitted residential units. Dimensional regulations for the AX-RES and AX-MIX Zones vary by type of use and lot design as listed in the Table of Dimensional Regulations for the AX-RES and AX-MIX Zones included as an attachment to this chapter. Use the following provisions to determine how the regulations apply:
(1)
For all developments, except those using Cluster Lot Option (No. 1 or No. 2), refer to the applicable dimensional requirements in the Table of Dimensional Regulations attached to this chapter that apply.
(2)
If the proposed development uses Cluster Lot Option (No. 1 or No. 2), determine Permitted Residential Units as follows:
[Amended 8-12-2019]
(a)
Use following formula (Note: Convert all values into square feet.) to determine Base Permitted Residential Units:
[Gross Tract Area - [Area of Tidal Waters + Area of Tidal Wetlands]] | = | Base Permitted Residential Units |
21,760 |
(b)
An application for either Cluster Option must include a wetlands delineation report and mapping or verification that no wetlands exist on the property in accordance with § 197-74, Wetlands.
(c)
Determine maximum Permitted Residential Units as follows:
• | If using Cluster Lot Option No. 1, maximum Permitted Residential Units = Base Permitted Residential Units |
• | If using Cluster Lot Option No. 2, maximum Permitted Residential Units = Base Permitted Residential Units + 30% Base Permitted Residential Units |
The Permitted Residential Units provides an estimate for defining the maximum number of Permitted Residential Units using Cluster Lot Options. The actual number of residential units that can be constructed will be based on the creation of a site plan that meets all of the requirements defined below in Cluster Lot Option design requirements. |
(d)
Refer to the applicable dimensional requirements listed under the Table of Dimensional Regulations attached to this chapter that apply to the Cluster Lot Option (No. 1 or No. 2).
B.
Cluster lot option design requirements. Lot design and site layout shall comply with the following criteria and Chapter 170:
[Amended 8-12-2019; 2-13-2023]
(2)
Design layout.
(a)
The front facade of residential structures shall be oriented to existing streets and structures shall vary in type, size, and style.
(b)
It is highly recommended that the following features are included in the overall design: front porches, organically shaped stormwater management facilities, variable facade materials, and variable front yard setbacks.
(c)
Provide a transition to the density, housing type, and scale of the adjoining development at the property line for residential development.
(d)
Provide an easement for public use of pedestrian and bicycle paths that connect to existing or potential future developments.
(e)
Garages: to be located on rear alleys, in the rear yard or side-loaded to the house. If an attached, front-loaded garage is necessary, it shall be set back six feet from the front facade or accessed from an alley.
(f)
Alleys are encouraged within the development.
(g)
Off-street parking is encouraged to be located to the side of the property or off the alley.
(3)
Corridor buffers. For proposed developments along a marked state road or designated Historic Lewes Byway (New Road, Kings Highway, Gills Neck Road, and Cape Henlopen Drive), the following shall be used to create a visual buffer:
(a)
Buffer width between the right-of-way and applicable property lines:
[1]
Where there are no established individual lots, a forty-foot buffer is required, measured from the applicable road right-of-way to the near face of the adjacent structure; or
[2]
Where individual lots are established, a forty-foot buffer is required, measured from the applicable road right-of-way to the near property line; or
[3]
Where there is a street between the structure and the corridor (State Road) a forty-foot buffer is required, measured from the applicable road right-of-way to the near edge of the street.
(b)
Buffer treatments. Within the required buffer, the following are permitted to provide screening from the roadway and can be no closer to the right-of-way than 25 feet:
[1]
A planting strip within the required buffer, consisting of a mix of canopy trees, understory trees and shrubs to provide a functional screen; or
[2]
A landscaped rolling berm at least four feet in height within the required buffer; or
[3]
A solid fence or wall designed with durable materials, texture and colors compatible with the adjacent residential development. The fence or wall will be suitably landscaped on both sides.
(4)
Homes are to be clustered on the environmentally suitable portions of the tract, specifically those portions of the tract unencumbered by sensitive environmental features and out of the 100-year floodplain.
(5)
Stormwater management shall be designed to promote groundwater recharge and protect groundwater quality. Natural drainage flows shall be maintained to the greatest extent possible. Drainage from rooftops shall be directed to vegetated areas or allowable green technology. Stormwater detention and retention facilities should be designed to resemble natural ponds as referenced by the Department of Natural Resources and Environmental Control (DNREC) in the National Resource Conservation Service (NRCS) Pond Code 378, Visual Resource Design.
C.
Required open space shall comply with the following criteria:
[Amended 8-12-2019; 2-13-2023]
(1)
At least 30% of the contiguous portion of required open space must be usable land that does not contain any wetlands (tidal or nontidal).
(2)
If one of the following physical conditions exists or is adjacent to the proposed cluster development tract, at least 30% of all required open space must be adjacent to:
(a)
An existing or officially planned public park.
(b)
Land preserved by easement or other property restrictions, or land preserved as open space and in municipal, county, state, or federal ownership.
(c)
Existing wetlands, waterways, wildlife corridors, or other ecology sensitive land.
If more than one of these physical features exist on adjacent properties, then one of these features will be identified and utilized to satisfy this requirement.
(3)
If the open space is proposed to be dedicated to a municipal, county, state or federal agency or a homeowners' association, an agreement shall be provided, in advance, stipulating that such entity agrees in advance to acceptance to that dedication to maintain that land for public recreation of a nature preserve.
(4)
An easement allowing for public use shall be provided over the trail or sidewalk that interconnects to another development's trail or sidewalk.
D.
Review procedures for cluster development.
[Amended 2-13-2023]
(1)
The applicant must submit a concept plan depicting to scale potential lots, streets, storm drainage facilities, the location and uses of all open space, the extent of existing wooded areas, wetlands and waterways, as well as the location of any historical or cultural resources. However, the plan is not required to contain the same level of engineering detail nor reports required for a subdivision plan.
(2)
The information submitted shall include a plan for the management of all open space.
(3)
The applicant shall use the plan to designate compliance with the provisions of this section including the location of proposed lots. The maximum number of dwelling units allowed on a cluster development tract shall not be greater than the maximum Permitted Residential Units as defined within this section.
E.
Additional review procedures for Cluster Option No. 2.
[Added 8-12-2019]
(1)
In addition to the information required for plan submittal listed above, as part of the preliminary consent review, the applicant shall provide the following information when using Cluster Option No. 2:
(a)
Tree/vegetation/view shed report: a report from a registered arborist or landscape architect identifying the following:
§ 197-51 Lot averaging.
[Amended 9-14-2020]
A.
Eligibility regulations.
(1)
Applicable districts. Lot averaging is permitted in the R-2 Residential Low Density District as a major subdivision only when all requirements of this section have been satisfied.
(2)
Ownership. The lot shall be held in single and separate ownership or, in the case of multiple ownership, shall be developed according to a single plan with common authority and responsibility.
(3)
Minimum number of lots. A minimum of four lots must be proposed to be eligible for this design option.
(4)
Dwelling type permitted. The lot averaging regulations of this article are permitted only for the development of single-family detached dwellings.
B.
Lot averaging requirements.
(1)
The average lot size for all lots within a development using this design option shall be equal to or greater than the required minimum lot size (10,000 square feet) for detached dwellings in the R-2 District.
(2)
Any applicable floodplain, critical area zones, wetland or buffers requirements that are in place for R-2 will also be applicable to a development using the lot averaging development option.
(3)
The remainder of the lots shall comply with the lot area and other dimensional requirements specified below for lot averaging in the R-2 District (all other dimensions from the Table of Dimensional Requirements[1] remain if not listed below):
(a)
Minimum lot area (square feet): 7,500.
(b)
Minimum street frontage (feet): 60.
(c)
Lot width (feet): 60.
(d)
Lot depth (feet): 75.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(4)
No lot of such size as to be capable of further subdivision shall be included in determining the number of lots within the development lot to be developed using the lot averaging regulations of this article, unless its further subdivision is precluded by a deed restriction or restrictive covenant in form and content acceptable to the City Solicitor, and recorded contemporaneously with the recording of the final plan, and such preclusion is noted on the face of both the preliminary plan and the final plan approved by City Council.
(5)
A yield plan shall be submitted demonstrating that the use of lot averaging will not yield more lots than a design not utilizing lot averaging.
C.
Review procedures for lot averaging development.
(1)
Preliminary subdivisions approved utilizing lot averaging shall not be recorded by phases unless such phases individually or together as cumulative, contiguous parcels satisfy the requirements of this section.
(2)
Roadways and stormwater management facilities shall not count toward the calculations for lot size averaging.
§ 197-52 Accessory buildings and structures.
A.
"Accessory buildings and structures" shall be defined as a building or structure customarily incidental or subordinate to and accessory to the principal building or structure and located on the same lot as the principal building or structure; provided, however, that any accessory building or structure shall not exceed 900 square feet for the first floor, shall adhere to the dimensional regulations found in § 197-52B, and except for accessory dwelling units, shall not have any of the following facilities:
[Amended 9-9-2024]
(1)
Cooking facilities, including stoves, ovens, ranges, wood, coal, microwave or any other type of appliance which is or could be used for the preparation of food, are prohibited.
(2)
Bathing facilities, including a bidet, shower, tub unit or any other similar facility, except that any accessory building may have one sink with running water and one toilet or commode.
(3)
Sleeping facilities, including, but not limited to, beds, sleep sofas, hammocks or any other sleeping apparatus which is or could be used for sleeping purposes, are prohibited unless stored in such a manner so as not to be available for sleeping purposes.
B.
Accessory buildings and structures shall adhere to the following dimensional regulations. [The Table of Dimensional Regulations for Accessory Buildings and Structures is included at the end of this chapter.]
(1)
Exceptions:
[Added 1-9-2023 by Ord. No. 14-22]
§ 197-53 Yards.
[Amended 5-20-2013]
A.
In the case of a corner lot, a front yard, as provided for in each district, shall be required on each street on which a corner lot abuts, provided that, when one front lot line of said corner lot measures less than 65 feet and said corner lot is located in one of the following districts: the Residential Low-Density, Residential Low-Density (Historic) [R-2 and R-2(H)], Residential Beach, Residential Beach (Historic) [R-3 and R-3(H)], Residential Medium-Density, Residential Medium-Density (Historic) [R-4 and R-4(H)], Limited Commercial, and Limited Commercial (Historic) [LC and LC(H)], the front yard on the side of the corner lot with a front lot line measuring longer than 65 feet may be decreased to not less than the minimum side yard requirements.
B.
In the case of a through lot, front yard requirements shall be observed on both streets.
C.
Permitted projections into required yards shall be as shown on the Table of Permitted Projections Into Required Yards included as an attachment to this chapter.
§ 197-54 Fences, walls, hedges, and shrubbery.
A.
Setback. The building line and yard requirements of this chapter shall not apply to fences, walls, hedges, or shrubbery.
B.
Residential areas.
(1)
Applicability: properties used for residential purposes.
(2)
All fences shall be "finished side out."
(3)
Maximum height: eight feet, except that the maximum height shall be four feet in the required front yard.
[Amended 7-9-2012; 10-11-2021]
(4)
Six feet or less: The entire fence may be solid, except within the required front yard.
[Amended 10-11-2021]
(5)
Between six feet and eight feet. That portion of the fence or wall which exceeds six feet in height shall contain openings equal to at least 50% of the area that the fence or wall exceeds six feet.
(6)
Through lots: The required front yard opposite the street address shall function as a rear yard related to fences, walls, hedges, and shrubbery.
[Added 1-9-2023 by Ord. No. 14-22]
(7)
Shipcarpenter Sq. Development. Shipcarpenter Sq. street shall function as a rear yard as it relates to fences, walls, hedges, and shrubbery.
[Added 1-9-2023 by Ord. No. 14-22]
C.
Nonresidential areas.
(1)
Applicability: properties used for other than residential purposes.
(2)
All fences shall be "finished side out."
(3)
Maximum height: eight feet, except that the maximum height shall be four feet in the required front yard.
[Amended 7-9-2012]
(4)
Six feet or less: The entire fence may be solid.
(5)
Between six feet and 10 feet: That portion of the fence or wall which exceeds six feet in height shall contain openings equal to at least 50% of the area that the fence or wall exceeds six feet.
(6)
Through lots: The required front yard opposite the street address shall function as a rear yard related to fences, walls, hedges, and shrubbery.
[Added 1-9-2023 by Ord. No. 14-22]
D.
Areas along the Lewes-Rehoboth Canal.
[Added 5-20-2013]
(1)
No continuous fences, hedgerows or landscaping shall exceed three feet in height.
(2)
All other naturally occurring or introduced trees, shrubs, bushes, plantings or vegetation of any kind or manner shall not obstruct more than 50% of the view of the canal as measured at a height of three feet from any point along the closest street paralleling the canal.
§ 197-55 Building height.
[Amended 2-14-2022; 10-14-2024]
A.
In general.
(1)
Measurement. The vertical distance of a building measured from a point where the center line of a building to be erected intersects with the center line of the street on which the building will face to the highest point of the highest roof.
(2)
Exception. Chimneys, spires, towers, elevators, tanks and other similar projections shall not be included in calculating the "height."
B.
(Reserved)
D.
Measurement. The vertical distance of a building measured from a point where the center line of the building to be erected intersects with the center line of the street on which the building will face to the highest point of the highest roof shall not exceed 34 feet for all lots created prior to and after September 14, 1987; provided, however, that any roof in the R-2 and R-2(H) Zone (formerly LB-Lewes Beach District) northeast of the Lewes and Rehoboth Canal shall have a minimum pitch of five inches of vertical rise for each 12 inches of horizontal run to the ridge of the greatest height of the roof.