Selbyville City Zoning Code
ARTICLE XII
Other Business and Commercial Districts
§ 200-83 GC General Commercial District.
A.
Purpose. The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of commercial and miscellaneous service activities generally serving a wide area and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are characterized by extensive warehousing, frequent heavy trucking activity, open storage of materials or the nuisance factors of dust, odor and noise associated with manufacturing.
B.
Permitted uses. A building or land shall be used only for the following purposes:
(1)
Churches, rectories, parish houses, convents and monasteries, temples and synagogues.
(2)
Public parks, public and private forests, wildlife reservations and similar conservation projects.
(3)
Any use permitted in the Historic Business District; provided, however, that no dwellings or tourist homes/bed-and-breakfast inns are permitted.
(4)
Bakeries.
(5)
Boat and boat trailer sales and storage. Boat displays of more than five feet in height shall be a minimum of 25 feet from the front property line.
(6)
Bottling works, dyeing and cleaning works or laundry, plumbing and heating shops, painting shops, upholstering shops, cabinet and furniture manufacture, sheet metal shops, tire sales and service (including vulcanizing and reapplying but no manufacturing), appliance repairs and general service and repair establishments, similar in character to those listed in this item, provided that no outside storage of material is permitted, except as provided in this section.
(7)
Business and commercial radio and television stations and studios or recording studios, but not towers more than 150 feet in height.
(8)
Car washes or automobile laundries, automatic or otherwise.
(9)
Commercial greenhouses, wholesale or retail, and nurseries for growing of plants, trees and shrubs, including a building for sale of products produced on the premises.
(10)
Farm implement sales, service, rental and repair, but not salvage or junk, and provided that major repair or storage of materials damaged or unusable implements or vehicles shall be inside a completely enclosed building. Displays of materials and equipment of more than five feet in height shall be a minimum of 25 feet from the front property line.
(11)
Garages, parking or storage.
(12)
Hotels, motels or motor lodges.
(13)
Lawn mower, yard and garden equipment, rental, sales and services.
(14)
Lumber and building materials stores.
(15)
Monument sales establishments with incidental processing to order, but not including the shaping of headstones.
(16)
Printing, publishing and engraving establishments.
(17)
Schools for industrial training, trade or business.
(18)
Filling station, service station or motor vehicle repair shop.
(19)
(Reserved)
(20)
(Reserved)
(21)
Veterinary business, subject to the following requirements:
(a)
Definition: a business to administer to animals including sick and injured animals, large and/or small domestic and/or large and/or small livestock in a facility approved for such operations by the State of Delaware, Department of Veterinary Medicine.
(b)
The facility may have animal holding areas for administration of care until the animal is judged well enough to be sent back to its owners.
(c)
The facility may operate on a 24 hours per day, seven days per week schedule in order to handle emergencies.
(22)
Pet grooming business, subject to the following requirements:
(a)
Suitable facilities are provided for the care and cleaning of large and small domestic animals.
(b)
The facility must meet all district regulations. No mobile or trailer facilities are allowed.
(c)
The facility may be in another business facility of similar use.
(d)
State of Delaware, Department of Public Health requirements must be maintained and met on a regular basis.
(23)
Shopping center; shopping mall: includes general retail, commercial and business uses; provided, however, that wholesale, storage or other facilities are not included.
C.
Permitted accessory uses. Permitted accessory uses are as follows:
(1)
Material storage yards in connection with a permitted use where storage is incidental to the approved occupancy of the building, provided that all products and materials used or stored are in a completely enclosed building or enclosed by a solid masonry wall or solid fence, not less than six feet in height. Storage of all materials and equipment shall not exceed the height of the wall. Storage of cars and trucks used in connection with the permitted trade or business is permitted.
(2)
Storage or shipment of office supplies or merchandise normally carried in stock in connection with a permitted office, business or commercial use, subject to applicable district regulations.
(3)
Cafeteria, for the use of a commercial enterprise but not open to the general public.
(4)
Temporary buildings, the use of which is incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner; and conditions on the placement of which may be established by the Mayor and Town Council to limit any negative effect such structures may have on the property or adjacent properties.
D.
Conditional uses. Conditional uses shall be permitted as provided in Article XVII of this chapter.
E.
Permitted signs. Permitted signs are as follows:
(2)
All signs permitted in any district.
(3)
One indirectly illuminated identification sign, not to exceed 30 square feet in area, for each building devoted to the following uses: church, school, hospital, nursing home, country club, golf course or similar use. Such signs shall be used solely for the purpose of displaying the name of the institution or association and its services or activities. In addition, a bulletin board may be permitted, provided that the total of 30 square feet is not exceeded by both the bulletin board and the identification sign.
(4)
One nonilluminated sign not exceeding four square feet of area identifying a permitted home occupation on the premises.
(5)
One business sign not exceeding three square feet for each linear foot of street frontage on the lot or unit and one additional sign not exceeding the same dimensions for the second street for a corner lot or unit; provided, however, that no single sign shall exceed 200 square feet in sign area. Permitted sign locations are marquee, projecting, roof and/or ground. All ground signs shall have a minimum front setback of 15 feet, except ground signs supported by not more than two pedestals, the bottom of which sign is more than 14 feet above the ground and which shall have a minimum front setback of two feet from the street line. Business signs may be directly or indirectly illuminated.
(6)
One reader board per lot or, where there are multiple uses on a lot, per unit is permitted as a wall, ground or monument sign in addition to any other sign permitted; an electronic variable-message reader board or sign (EVMS) is subject to the following specifications:
(a)
Nonresidential units may substitute an electronic variable-message sign in lieu of other permitted signs. Such EVMS shall be further subject to the standards of this subsection.
(b)
Except for public emergency announcements, the message displayed on the EVMS shall be static and nonanimated and shall not be changed more than once in any given one-hour time period. In the event of a public emergency, announcements may scroll continuously until the public emergency message is no longer necessary.
(c)
A public emergency announcement is limited to weather-related emergencies, national and local security events, amber alerts, and the like. It is not intended to permit scrolling messages, including but not limited to schools, churches, civic groups for social events, annual meetings, National Firesafety Week, time to change smoke and fire detector batteries, and other similar messages.
(d)
The EVMS shall be limited to two feet by 12 feet per twenty-foot linear front footage of a unit and shall not exceed a maximum of 200 square feet.
(e)
Lighting of such reader board shall be LED.
(f)
The applicant for an EVMS permit shall certify in writing to the Town that the message, except for public emergency announcements, to be displayed on the sign shall remain static and shall not flash or scroll at any time and that the message will remain unchanged for at least one hour at a time.
(7)
At every street intersection there shall be a clear view between the heights of three feet and 10 feet in a triangle formed by the corner and points on the curb 30 feet from the intersection and entranceway.
F.
Height, area and bulk requirements.
(1)
Minimum lot sizes. Minimum lot sizes shall be as follows:
Use | Area (square feet) | Width (feet) | Depth (feet) | Units/Acre |
|---|---|---|---|---|
All uses | 10,000 | 75 | 100 | 4.4 |
(2)
Minimum yard requirements. Minimum yard requirements shall be as follows:
Use | Depth of Front Yard (feet) | Width of Side Yard (feet) | Depth of Rear Yard (feet) |
|---|---|---|---|
Other | 40 | 10 | 30 |
(3)
Maximum height requirements. Maximum height requirements shall be as follows:
Use | Feet | Stories |
|---|---|---|
Other | 35 | 3 |
G.
Reference to additional regulations. The regulations contained in this section are supplemented or modified by regulations contained in other articles of this chapter, especially the following:
§ 200-84 NB Neighborhood Business District.
A.
Purpose. The purpose of this district is to provide primarily for retail shopping and personal service uses, to be developed either as a unit or in individual parcels, to serve the needs of a relatively small area, primarily rural, low density, or medium density residential neighborhoods. To enhance the general character of the district and its compatibility with its residential surroundings, signs are limited to those that are accessory to businesses conducted on the premises, and the number, area and type of signs are limited.
B.
Permitted business uses.
(1)
A building or land shall be used only for the following business purposes:
(a)
Banks, drive-in or otherwise, so long as driveway space shall be provided off the street for all vehicles waiting for drive-in service.
(b)
Bakeries, retail.
(c)
Barbershops, day spas, hair and nail salons.
(d)
Bicycle sales and repair shops.
(e)
Delicatessen businesses.
(f)
Clinics, medical facilities (outpatient only) and offices.
(g)
Dry-cleaning and laundry pickup only.
(h)
Flower shops.
(i)
Health club facilities, swimming and tennis clubs.
(j)
Offices, general business or professional.
(k)
Radio/television broadcasting stations or studios.
(l)
Restaurants, including microbreweries with food sales/service.
[1]
All restaurant owners who will be serving alcoholic beverages must apply with the Alcohol Beverage Control Commission (ABCC), which is the final approving authority of licensing establishment for the sale of alcoholic beverages in the Town limits.
(m)
Shoe repair shops.
(n)
Shops for the sale, service or repair of home appliances, office machines, electrical, communications, televisions, radio equipment, computers and electronics.
(o)
Stores and shops for the typical conduct of retail business, which may include sale of accessories, antiques, clothing, appliances, liquor stores, news and bookstores, carpets, computers, catering, pharmacy, fabric, food, coffee, ice cream/frozen dessert shop, furniture, general merchandise, hardware, hobby supplies, jewelry, office supplies, paint, printing and stationery, sporting goods, and electronic equipment.
(p)
Studios for artists, photographers, teachers and musicians.
(q)
Day care, learning and educational centers.
(r)
Business complexes.
(2)
No building may be erected, altered or used, and no lot or premises may be used, for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas or other vibrations or noise.
C.
Permitted accessory uses.
(1)
Indoor storage of merchandise or supplies carried in conjunction with a permitted business or office use.
(2)
Sidewalk sales:
(a)
Sidewalk sales are to be conducted on business property with improvements thereon and confined to the exclusive display only of merchandise the business sells in its establishment at that location. No merchandise displayed on the sidewalk shall be permitted which obstructs, interferes with or in any way is a hazard to the orderly movement of pedestrian traffic. A minimum of five feet of unobstructed sidewalk (the width of the curb shall not be included) must be provided at all times.
D.
Conditional uses. Conditional uses shall be permitted as provided in Article XVII of this chapter.
E.
Permitted signs. Permitted signs are as follows:
(2)
All signs permitted in any district.
(3)
One business sign not exceeding three square feet for each linear foot of street frontage on the lot or unit and one additional sign not exceeding the same dimensions for the second street for a corner lot or unit; provided, however, that no single sign shall exceed 200 square feet in sign area. Permitted sign locations are marquee, projecting, roof and/or ground. All ground signs shall have a minimum front setback of 15 feet, except ground signs supported by not more than two pedestals, the bottom of which sign is more than 14 feet above the ground, and which shall have a minimum front setback of two feet from the street line. Business signs may be directly or indirectly illuminated.
F.
Height, area and bulk requirements.
(1)
Minimum lot sizes. Minimum lot sizes shall be as follows:
Use | Area (acres) | Pad Sites (acres) |
|---|---|---|
All uses | 3 | 1 |
(2)
Minimum yard requirements. Minimum yard requirements shall be as follows:
Use | Depth of Front Yard (feet) | Width of Side Yard (feet) | Depth of Rear Yard (feet) |
|---|---|---|---|
All uses | 30 | 10 | 30 |
(3)
Maximum height requirements. Maximum height requirements shall be as follows:
Use | Feet | Stories |
|---|---|---|
All uses | 35 | 2 |
(4)
Landscaped open area buffer. Lots abutting adjacent properties that are not part of the NB District shall be separated from the adjacent properties with a landscaped open area buffer of at least 25 feet in width.
G.
Outside storage.
(1)
Unless specifically approved by the Town in writing, no materials, supplies or equipment (excluding vehicles), and not limited to garbage and refuse containers, shall be stored in any area on a property except inside a closed building, or behind a visual barrier screening such areas so they are not visible from the perimeter service drive or road, public streets and/or real property located outside the property.
(2)
Screening of garbage and refuse containers and waste disposal areas. Garbage and refuse containers and waste disposal areas shall be concealed by means of screening walls constructed of materials similar to and compatible with the building or mature landscaping on the property. These elements shall be integrated and approved in the site plan for the property. Locations for garbage, refuse and waste storage shall be chosen to make the same as inconspicuous as possible. The storage of all waste, garbage or refuse shall be governed by the provisions of the regulations governing solid waste disposal and storage and comply with the Delaware Solid Waste Storage and Disposal Act. In the event any property owner or occupant violates such standards, in addition to the penalties prescribed by state law, any civil penalties authorized by such statutes shall be enforceable by the Town; provided, however, that any civil penalties awarded the Town shall be utilized by the Town to cure any hazard to the property caused by the improper storage of solid waste.
(3)
No trailers or shipping containers shall be used for storage purposes on any property.
(4)
Outside storage of raw materials or finished product by the owner or occupant of any property is strictly prohibited without the Town's written approval. All storage of raw materials and finished products must be within fully enclosed buildings.
H.
Reference to additional regulations. The regulations contained in this section are supplemented or modified by regulations contained in other articles of this chapter, especially by the following:
§ 200-85 MU Mixed-Use Overlay District.
[Added 2-3-2025]
A.
Purpose. The purpose of this district is to meet the needs of a mixed-use commercial area that promotes new development and enhances the overall community character by providing a range of housing types, encouraging a mix of neighborhood-scale commercial and retail uses, furthering pedestrian connectivity, thereby connecting the downtown to the surrounding residential districts, strengthening the local economy, and preserving the historic character of the community. These regulations will make a substantial difference in creating a mixed-use area within which residents and visitors alike will want to visit, shop, work, and reside.
B. BREWPUB
Definitions. For the purpose of this § 200-85, certain terms and words are here defined.
Establishments that are primarily a restaurant and bar, but which include the brewing of beer as an ancillary use, and that only produce enough beer for consumption on the premises or for retail carryout sale in containers, commonly referred to as "growlers."
C.
Overlay district, effect on other provisions.
(1)
To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, the MU Mixed-Use Overlay District has been created as a special overlay district that may be superimposed only on certain parcels located in portions of the DR Duplex Residential District, R-1 Residential District, HR Historic Residential District and HB Historic Business District, and is to be so designated by a special symbol for its boundaries on the Selbyville Zoning Map. The parcels eligible for the MU Mixed-Use Overlay District zoning designation are depicted on the map and included on the parcel list, which are collectively attached hereto as Exhibit "A" and incorporated herein by reference.[1]
[1]
Editor's Note: Exhibit "A" is on file in the Town offices.
(2)
The housing types, permitted uses, minimum lot requirements, maximum height, minimum yard requirements, off-street parking and loading requirements, and accessory uses shall be determined by the requirements and procedures set forth in this § 200-85, which shall prevail over conflicting requirements of this zoning chapter and the regulations of the underlying zoning district.
(3)
This overlay district shall only be used to promote mixed-use developments.
D.
Permitted uses. A building or land shall be used only for the following purposes:
(1)
Single-family dwellings and upper-level apartments or condominium flat units located above commercial businesses or uses.
(2)
Tourist homes, also referred to as "bed-and-breakfast inns."
(3)
Business and professional offices, including but not limited to law, insurance and real estate, banks, finance, utility company, and other general business offices.
(4)
Medical and dental offices.
(5)
Bakeries.
(6)
Barbershops and beauty parlors, shoe repair and tailor shops, repair shops for small appliances and small articles.
(7)
Dry-cleaning and laundry pick-up.
(8)
Health club facilities, swimming and tennis clubs.
(9)
Home-based businesses, provided there is no outside storage of equipment, supplies, or business vehicles.
(10)
Brewpub, subject to the following requirements:
(a)
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.
(b)
Where permitted by local ordinance, state and federal law, retail carryout sale of beer produced on the premises shall be allowed in specialty containers holding no more than a United States gallon (3,785 ml/128 U.S. fluid ounces). These containers are commonly referred to as "growlers."
(11)
Restaurants, subject to the following requirements:
(a)
A restaurant may have a cocktail lounge, as defined, where patrons may sit and wait for their table, which serves alcoholic beverages and is accessory to the restaurant. The temporary stand-up consumption of alcoholic beverages shall be permitted in a cocktail lounge, but only when there is insufficient seating in the cocktail lounge for restaurant patrons who are waiting to be seated at a dining table in the restaurant.
(12)
Florist shops and garden supply stores.
(13)
Pet-grooming shops, subject to the following requirements:
(a)
Suitable facilities are provided for the care and cleaning of large and small domestic animals.
(b)
The facility must meet all district regulations. No mobile or trailer facilities are allowed.
(c)
The facility may be in another business facility of similar use.
(d)
State of Delaware, Department of Public Health requirements must be maintained and met on a regular basis.
(14)
Stores and shops for the conduct of retail businesses, including the sale of antiques, apparel, appliances, beverages, books, fabric, food, furniture, general merchandise, hardware, garden supplies, hobby supplies, stationery, and similar stores and shops.
(15)
Studios for artists, photographers, and musicians.
E.
Permitted accessory uses and structures.
(2)
All permitted accessory uses and structures shall be compatible in style and function with the principal use and structure.
(3)
Minimum area and yard requirements for accessory uses and structures are:
Requirement | Attached Accessory Building | Detached Accessory Building | Detached Garage |
|---|---|---|---|
Location | Side and rear yards | Rear yard | Rear yard |
Side corner setback | Same as principal | Same as principal | Same as principal |
Side interior setback | Same as principal | 5 feet | 2 feet |
Front yard setback | Same as principal | Same as principal | Same as principal |
Rear yard setback | Same as principal | 5 feet | 2 feet |
Distance from principal | N/A | 10 feet | 10 feet |
Distance from dwelling on residential lot | N/A | 20 feet | 20 feet |
Maximum height | Same as principal | 15 feet | 18 feet |
Maximum lot coverage | Same as principal | 25% of rear yard | 25% of rear yard |
F.
Conditional uses. Conditional uses shall be permitted as provided in Article XVII of this chapter.
G.
Height, area, and bulk requirements.
(1)
Minimum lot size and yard requirements shall be as follows:
Requirement | Single-Family* | Multifamily above Commercial* | New Commercial Uses in Existing Buildings | New Commercial Buildings |
|---|---|---|---|---|
Lot size (square feet) | 10,000 | 5,000 | 5,000 | 5,000 |
Lot area per dwelling unit (square feet) | 10,000 | 2,000 | N/A | N/A |
Lot frontage (feet) | 100 | 50 | 50 | 50 |
Lot depth | 100 | 100 | 100 | 100 |
Side yard setback (feet) | 10 | N/A | 10* | 10* |
Front yard setback (feet) | 10* | N/A | 0 | 0 |
Rear yard setback (feet) | 10 | N/A | 10 | 10 |
NOTE: | |
|---|---|
* | Review additional requirements below. |
H.
Single-family density. The overall single-family density shall not exceed three units per acre.
I.
Multifamily density. The multifamily density shall not exceed 12 dwelling units per acre.
J.
Maximum building size. The maximum building size allowed within this district shall be 25,000 square feet.
K.
Lot coverage. No new building and/or new accessory structure shall be constructed to cover more than 75% of the lot, and no existing building or structure shall be expanded or enlarged so that, following such expansion or enlargement, the building or structure covers more than 75% of the lot.
L.
Front yard setbacks. Front yard setbacks shall be established by averaging the setbacks of existing buildings located on either side of the lot to be developed. Where no buildings exist on either side of the lot to be developed, the average setback from the edge of the street to the building front of all buildings along the street shall be used to determine the maximum setback of the proposed development. Under no circumstances shall the established setback be less than 10 feet.
M.
Side yard setbacks. Where the side lot lines of two business establishments abut each other, side yard requirements may be waived so that the resulting space in said side yard may be utilized to create a continuous appearing building if there is compatible design and the lot complies with all other requirements for maximum building coverage, parking, access, etc.
N.
Minimum multifamily unit size. The minimum square footage per unit shall be 800 square feet.
O.
Minimum off-street parking requirements.
(1)
When any building or structure is hereafter erected or structurally altered or any building or structure is converted for any use, accessory off-street parking spaces shall be provided in accordance with § 200-106B of this chapter. Any permitted use not listed in § 200-106B of this chapter shall provide the appropriate number of parking spaces in accordance with the table below:
Use | Parking Spaces Required |
|---|---|
Bakeries | 1 space per 100 square feet of floor area, plus 1 space for every 2 seats |
Dry-cleaning and laundry pickup | 1 space per 200 square feet of floor area used by the public |
Home-based businesses or occupation | 1 space per 200 square feet of floor area where the use is conducted within the dwelling unit |
Brewpub | 2 spaces per 50 square feet of floor area for patron use, plus 1 space for every 2 employees on the largest shift |
Florist shops and garden supply stores | 1 space per 100 square feet of floor area |
Pet-grooming shops | 1 space per 50 square feet of floor area, plus 1 space per employee |
Studios for artists, photographers, and musicians | 1 space per 200 square feet of floor area, plus 1 space per employee |
(a)
Where an applicant proposes a use to be developed or implemented in this district and a specific parking requirement is not included in § 200-106B of this chapter or the above table, the Planning and Zoning Commission shall determine the minimum parking space requirement based on the character of the proposed use.
(2)
Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s) where feasible to minimize access points to the street.
(3)
An off-street automobile parking area shall be provided on any lot on which any of the prescribed uses are established. Such space shall be provided with safe vehicular access to a street or alley and shall be subject to the design standards set forth in § 200-110 of this chapter.
(4)
Parking spaces may be provided on a separate lot in this district if the separate lot is located within 500 feet of the subject use or building. Two or more lot owners may join together in the provision of the required parking space.
(5)
Existing buildings that do not have off-street parking as required by this chapter may be remodeled, repaired and structurally altered; however, any enlargement of a structure, except as otherwise exempted above, shall require compliance with the required parking spaces for said enlargement.
(6)
Fee in lieu of provided parking space. Whenever the required number of parking spaces are not currently available and cannot be provided on-site in a manner that satisfies the requirements of this section, the applicant shall pay a fee in lieu of one or more required spaces, in an amount determined by the Town Council that it determines is sufficiently equivalent to the estimated costs of establishing additional public parking spaces within this district. Such fees shall be kept in a dedicated fund to provide for municipal parking purposes and shall only be used for such purposes.
(7)
Location of off-street parking. All off-street parking, to the extent possible, shall be located behind or to the side of the building. Parking spaces located in a side yard shall be screened from view. All parking areas shall be landscaped with trees and shrubs and shall provide at least one shade tree per 10 parking spaces.
(8)
Vehicular access between commercial lots. Vehicular access between commercial lots is required instead of individual parcel curb cuts. Adjoining parking areas must be connected directly to one another via a service drive or alley in order to reduce turning movements onto roads unless the Town Engineer determines that such connectivity access is not available and practical. The exact location and extent of cross access between lots shall be subject to review and approval by the Planning and Zoning Commission.
P.
Minimum off-street loading. One parking space per building shall be provided in such a manner and location so that any vehicle being loaded or unloaded or maneuvering into a loading space does not interfere with any other parking or loading spaces, driveways, aisles, fire lane or street-right-of-way.
Q.
Architectural guidelines. All proposed new development, including the alteration, expansion, or construction of a structure in this district, where the underlying zoning is either Historic Business or Historic Residential, shall comply with the architectural standards provided in § 200-146 of this chapter.
S.
Site plan approval required. Any proposed development seeking to be established within this overlay district shall be required to submit a site plan in conformance with the procedures set forth in § 200-150 of this chapter and that also meets the requirements enumerated in §§ 200-151 and 200-152 of this chapter. Development within this overlay district will require the submission of a rezoning application. The rezoning application must be included in the site plan submission and will be reviewed and, if and as appropriate, approved concurrently with the site plan. Applying this overlay district can only be accomplished through the rezoning and site plan approval with the Planning and Zoning Commission.