Rehoboth Beach City Zoning Code
ARTICLE II
Use Regulations 1
§ 270-10 R-1(S) District.
A.
Purpose. The R-1(S) District is designed to protect and maintain that residential area southeast of Central Park where large lots are developed with single-family detached dwellings.
§ 270-11 R-1 District.
A.
Purpose. The R-1 District is designed to protect and maintain those residential areas now developed primarily with single-family detached dwellings and primarily on lots of at least 5,000 square feet.
§ 270-12 R-2 District.
A.
Purpose. The R-2 District is designed to include those residential areas where structures may be built or arranged so as to include more than one dwelling unit.
B.
In the R-2 District, no building or premises shall be used and no building shall be erected, except as provided in Article VI, which is arranged, intended or designed to be used other than for one or more of the uses listed in this section as follows.
C.
As a matter of right. The following uses are permitted as a matter of right:
§ 270-13 C-1 District.
A.
Purpose. The C-1 District is designed to include those commercial areas wherein uses are not restricted as to the floor space size.
B.
In the C-1 District, no structure or land shall be used or occupied and no structure or part thereof shall be erected, moved or altered, except as herein specified or as provided in Article VI.
C.
As a matter of right. The following uses are permitted as a matter of right:
[Amended 8-7-2006 by Ord. No. 0806-1]
(2)
Tier 2.
(a)
Hotel, motel or inn, where the motor vehicle entrances have been approved by the Building Inspector so as to comply with the applicable City standards and the State of Delaware Department of Transportation specifications, and so as not to be unsafe for pedestrian traffic.
(3)
Tier 3.
(a)
Fire station.
(c)
Retail stores, including gift, art and antique shops, but not including bird or animal treatment or sale; and personal services shops, including craftspersons' trades not requiring the use of power tools.
(d)
Restaurants or caterers or dinner theaters.
(e)
Theaters and halls for the entertainment of guests.
(f)
Billiard, pool or bowling establishments and miniature golf courses.
(g)
Food establishments where alcoholic beverages are not served or consumed.
(h)
Telephone central office.
(i)
Electric/Gas utility building.
(j)
Laboratories, analytical and chemical.
(k)
Printing, engraving and print reproductions.
(l)
Hand laundry and dry cleaning where cleaning is not done on premises.
(m)
Professional offices and studios.
(n)
Offices, banks and other financial institutions and courts of law.
(o)
Private club or lodge.
(p)
Self-service laundry.
(q)
Commercial tennis courts.
(r)
Gymnasium or health club.
(s)
Public or commercial garages, repair shops, gas and oil service stations.
(t)
Undertaking parlors and undertaker's supplies.
§ 270-14 C-2 District.
A.
Purpose. The C-2 District is designed to include those commercial areas on or adjacent to the Boardwalk wherein enclosed places of amusement are one of the uses permitted, and uses are not restricted as to floor space size.
B.
In the C-2 District, no structure or land shall be used or occupied and no structure of part thereof shall be erected, moved or altered, except as herein specified or as provided in Article VI.
C.
As a matter of right. The following uses are permitted as a matter of right:
[Amended 8-7-2006 by Ord. No. 0806-1]
(2)
Tier 2.
(a)
Hotel, motel or inn, where the motor vehicle entrances have been approved by the Building Inspector so as to comply with the applicable City standards and the State of Delaware Department of Transportation specifications, and so as not to be unsafe for pedestrian traffic.
(3)
Tier 3.
(a)
Fire station.
(c)
Retail stores, including gift, art and antique shops, but not including bird or animal treatment or sale, and personal services shops, including craftsperson' trades not requiring the use of power tools.
(d)
Restaurants or caterers or dinner theaters.
(e)
Theaters and halls for the entertainment of guests.
(f)
Billiard, pool or bowling establishments and miniature golf courses.
(g)
Telephone central office.
(h)
Electric/Gas utility building.
(i)
Laboratories, analytical and chemical.
(j)
Printing, engraving and print reproduction.
(k)
Hand laundry and dry cleaning where cleaning is not done on the premises.
(l)
Offices, banks and other financial institutions and courts of law.
(m)
Private club or lodge.
(n)
Food establishments where alcoholic beverages are not served or consumed.
(o)
Self-service laundry.
(p)
Enclosed places of amusement.
D.
Under Board of Adjustment approval. The following uses are permitted by special exception if approved by the Board of Adjustment as provided in § 270-76, and provided that such use will not adversely affect the use of the neighboring property nor injure the character of the neighborhood:
(1)
Church or other place of worship; parish house or Sunday School building.
§ 270-15 C-3 District.
A.
Purpose. The C-3 District is designed to include those commercial areas where certain uses are not permitted in buildings over a certain size.
B.
In the C-3 District no structure or land shall be used or occupied and no structure or part thereof shall be erected, moved or altered, except as herein specified or as provided in Article VI.
C.
As a matter of right. The following uses are permitted as a matter of right:
[Amended 8-7-2006 by Ord. No. 0806-1]
D.
The following uses are permitted by right when the structure size is limited to 10,000 square feet of gross floor area, except that a structure existing on the date of adoption of this chapter may be increased to 10,000 square feet of gross floor area or increased by 25%, whichever is greater:
[Amended 8-7-2006 by Ord. No. 0806-1]
(1)
Tier 3.
(a)
Retail stores, including gift, art and antique shops, but not including bird or animal treatment or sale, and personal services shops, including craftsperson' trades not requiring the use of power tools.
(b)
Restaurants or caterers or dinner theaters.
(c)
Telephone central office.
(d)
Electric/Gas utility building.
(e)
Laboratories, analytical and chemical.
(f)
Printing, engraving and print reproduction.
(g)
Hand laundry and dry cleaning where cleaning is not done on the premises.
(h)
Professional offices and studios.
(i)
Offices, banks and other financial institutions and courts of law.
(j)
Private club or lodge.
(k)
Food establishments where alcoholic beverages are not served or consumed.
(l)
Self-service laundry.
§ 270-15.1 ER District
[Added 7-16-2010 by Ord. No. 0710-02]
A.
Purpose. The ER District is designed to provide an area in the City to accommodate educational and community-related uses and associated facilities, make existing educational uses conforming, thus allowing for possible future expansion, and while preserving public space, allow residential uses should the educational uses cease.
B.
In the ER District, no building or premises shall be used and no building shall be erected or modified, except as provided in Article VI, which is arranged, intended or designed to be used for other than one or more of the uses listed in this section as follows.
D.
Residential uses.
(2)
When a parcel of land in an ER District is developed or otherwise used for a residential purpose:
(a)
The parcel of land shall be subdivided and at least 75% of the entire parcel of land shall be dedicated and conveyed to the City as a public park with covenants and restrictions limiting the use of this property as a park (the "park parcel"), and the remaining property (the "residential parcel") may be developed for residential use in accordance with § 270-15.1D and other applicable sections of this chapter.
(b)
Before conveying the park parcel to the City, the owner/developer shall provide to the City a phase one environmental site assessment under the Comprehensive Environmental Response, Compensation and Liability Act,[1] confirming that the park parcel is free of environmental contaminants.
[1]
Editor's Note: See 42 U.S.C. § 9601 et seq.
(c)
Before conveying the park parcel to the City, the owner/developer shall demolish any and all buildings contained on the park parcel at his or her own expense. Demolition shall mean leaving the parcel in a natural state with topsoil and grass.
(d)
The proposed residential use and/or subdivision plan must comply with all state and City procedural requirements for approval.
(e)
The residential parcel shall comprise one compact parcel of land with a shape that is approximately rectangular.
(f)
The park parcel shall comprise one parcel that is no less than 75 feet in width at any point.
E.
Uses permitted by conditional use approval.
(1)
The following uses are permitted within any school building(s) existing on July 16, 2010, by conditional use approval:
(a)
Senior center.
(b)
Community-related offices.
(c)
Education-related services, including organized schools offering instruction in the arts, crafts, dance, music, sports, business or vocational trade subjects to groups or classes and undertaken as a commercial venture outside of the normal progression of formal education, libraries and tutoring and educational testing centers.
(2)
Before granting a conditional use approval, the Board of Adjustment shall conduct a public hearing and shall consider the effect of the proposed use on the public health, safety, morals and general welfare, whether the location of the proposed use is appropriate, the availability of adequate parking to accommodate the proposed use, the effect the proposed use will have on vehicular and pedestrian traffic and the effect the proposed use will have on surrounding property, persons and neighborhood values. In granting a conditional use, the Board of Adjustment may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter. A conditional use may be approved only after the public hearing is held and tentative approval with conditions is granted by the Board of Adjustment. Following tentative conditional use approval, a site plan for the proposed use/site must be prepared meeting the conditions placed upon the use and requirements of this chapter prior to final approval by the City.
§ 270-16 CM District.
§ 270-17 O-1 District.
A.
Purpose. The O-1 District is designed to include lands dedicated as permanent open space, to be enjoyed by the public for rest and recreation or to provide permanent light and air to surrounding developments.
B.
No structures other than those deemed necessary by the City for public services, health and safety shall be located in an O-1 District.
§ 270-18 Accessory uses permitted.
A.
Accessory uses, as defined in § 270-4, are permitted, unless the accessory use is incompatible with the primary use.
B.
In an R-1 or R-1(S) District, except for legal nonconforming uses existing on the effective date of this chapter, uses of an accessory structure, in whole or part, as a dwelling unit shall be deemed to be incompatible with the primary use.
§ 270-19 Use restrictions.
[Amended 12-13-1991 by Ord. No. 1291-1; 12-13-1991 by Ord. No. 1291-2; 6-1-1992 by Ord. No. 692-1; 10-21-2016 by Ord. No. 1016-01]
A.
Restaurants. In addition to the standards of the relevant zoning district, an establishment that meets the definition of a restaurant where alcoholic liquor is sold or consumed on the premises shall comply with the following:
(1)
Be totally enclosed, excepting any area included in a validly issued dining patio supplemental certificate of compliance.
(2)
Is regularly used and kept open principally for the purpose of serving complete meals. The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of meals.
(3)
Have seating and tables for a minimum of 35 patrons, and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook.
(4)
The sum of the floor space devoted to permanent seated dining area and bar area in any building shall not exceed 2,500 square feet, except that where a restaurant occupies space in a building also housing a hotel/motel containing at least 25 bedrooms, the area so devoted may be up to but not more than 3,750 square feet.
(5)
The bar area shall be no more than 25% of the square footage of the permanent seated dining area, but not to exceed a maximum of 500 square feet, except that any restaurant regardless of its permanent seated dining area may have a bar area of 350 square feet.
(6)
Tables and chairs in the permanent seated dining area may not be temporarily moved so as to increase the space where patrons can consume alcoholic liquor without such consumption being secondary to food consumption while seated at tables.
(7)
Patrons may not consume alcoholic liquor in the permanent seated dining area unless seated at tables.
B.
Dining Patios. Dining patios licensed, constructed or expanded after June 14, 1991, shall only be used for consumption of food and beverages consistent with the following conditions:
(1)
The gross area devoted to dining patio purposes shall be limited to 1,000 square feet per restaurant, which area shall be permitted in addition to the limitation contained in § 270-19A(4).
[Amended 9-16-2022 by Ord. No. 0922-01]
(2)
Food and beverages may be served only to seated patrons and no patrons may wait on the dining patio for seating.
(3)
There shall be no live entertainment on the dining patio.
(4)
There shall be no external speakers or amplifiers on the dining patio and no internal speakers from the premises are to be directed to the dining patio.
(5)
There shall be no bar on the dining patio.
(6)
There shall be a physical barrier around the perimeter of the dining patio no less than 42 inches high constructed of wood, concrete, plastic, wrought iron, dense vegetation or other approved material such that entry and exit will be restricted to no more than two discrete locations.
(7)
No one shall construct or operate a dining patio unless it is included in a supplemental permit of compliance issued pursuant to Chapter 215 of the Municipal Code of Rehoboth Beach, Delaware.
(8)
A dining patio existing as of June 14, 1991, shall be considered a legal nonconforming use but shall be subject to all of the provisions of this chapter if expanded pursuant to a supplemental permit of compliance.
C.
Brewery-pubs. In addition to the standards of the relevant zoning district, an establishment that meets the definition of a brewery-pub shall comply with the following:
(1)
The brewery-pub must be situated on the premises of and be physically a part of a restaurant which holds a valid certificate of compliance issued by the city.
(2)
No more than 50% of the total gross floor area of the establishment shall be used for the brewery function, including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks.
(3)
No more than 4,000 barrels (124,000 U.S. gallons) of beer shall be brewed on the premises in any calendar year.
(4)
Retail carryout sale of beer produced on the premises shall be allowed in containers having a capacity of no more than one U.S. gallon (3,785 ml/128 U.S. fluid ounces).
(5)
All aspects of the brewing process shall be completely confined within a building.
(6)
No outdoor storage of raw materials, supplies, or product shall be allowed; this prohibition includes the use of fixed or portable storage units, cargo containers and tractor trailers. Beer containers emptied of their contents may be stored outside provided they are screened from public view with an acceptable screen material, including wood, lattice, fine-mesh fencing, plantings or other suitable material erected in conformance to all building and zoning codes. Said screened storage areas and containers shall not be located within setback areas.
(7)
The brewery function shall be designed and operated so as to have no noxious or offensive brewery-related air-borne or water-borne emissions, including odors from storage of solid or semi-solid waste or by-product, that create a public or private nuisance.
D.
Dinner theaters. In addition to the standards of the relevant zoning district an establishment that meets the definition of a dinner theater where alcoholic liquor is sold or consumed on the premises shall comply with the following:
(1)
Be totally enclosed.
(2)
Is regularly used and kept open for the purpose of presenting public performances featuring live actor(s) in dramatic or musical productions after and not simultaneously with the serving of complete meals. The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of meals.
(3)
Must serve complete meals to at least 3/4 of the patrons at each performance, and they shall be served in the permanent seated dining area in front of or surrounding the stage. Seating at tables shall be provided for each patron.
(4)
Have seating and tables for a minimum of 35 patrons, and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook.
(5)
There shall be no more than one dinner theater in any public building, and except for motels and hotels, a dinner theater shall not share a building with any other commercial activity.
(6)
No more than 2,500 square feet of floor space in any dinner theater shall be devoted to permanent seated dining area.
(7)
Shall not have a bar area where patrons consume alcoholic beverages but may have a service bar area where alcoholic beverages are stored and delivered to waiters for service to the patrons seated in the permanent seated dining area.
(8)
Shall not serve alcoholic beverages more than one hour before the service of the complete meal begins or more than two hours before the live stage production begins, whichever is less. Alcoholic beverages may also be served during intermissions but not during or after the performance.
(9)
The rules set forth herein apply to each and every performance. When repeated performances are to be given, all patrons from the first performance must leave the establishment before seating can begin for the next performance.
(10)
Shall close and all patrons must leave by 12:00 midnight.
E.
Certain prohibited uses citywide. No structure or land shall be used or occupied anywhere in the City of Rehoboth Beach, regardless of whether the land is zoned residential or commercial, for the following uses: taproom, tavern, dance hall, cabaret, nightclub, after-hours club, microbrewery, craft distillery or cafe. Anything contained in Article II, Use Regulations, or any other portion of Chapter 270, Zoning, of the Municipal Code of Rehoboth Beach, Delaware, which is inconsistent herewith is to the extent of such inconsistency repealed.