Selbyville City Zoning Code
ARTICLE VI
Other Single-Family Detached Dwellings Districts and Residential Planned Community District
§ 200-34 R-3 Residential District.
A.
The purpose of this district is to provide for low-density residential development in areas which are or which are expected to become generally urban in character, but where sanitary sewers and public water supplies may or may not be available at the time of construction, together with such churches, recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future.
B.
Permitted uses. A building or land shall be used only for the following purposes:
(1)
Detached single-family dwellings, but not mobile homes.
C.
Permitted accessory uses. Permitted accessory uses are as follows:
(1)
Accessory off-street parking and loading spaces.
(2)
Open or enclosed space for parking one commercial vehicle of not more than one ton capacity and used by the occupant of a dwelling.
(3)
Domestic storage in the main building or in an accessory building.
(4)
Garages, private.
(5)
Home barbecue grills.
(6)
Keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use and not as a business.
(7)
Storage of a boat trailer or camp trailer or a boat, but not in a front yard, provided that it is not used for living purposes while so parked or stored.
(8)
Swimming pools and game courts, unlighted, for use of occupants or their guests.
(9)
Yard sales.
(10)
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 shall be permitted as provided in Article XVII of this chapter.
[Amended 11-4-2019]
G.
Height, area and bulk requirement.
(1)
Minimum lot sizes. Minimum lot sizes shall be as follows:
Use | Area (square feet) | Width (feet) | Depth (feet) | Units/Acre | |
|---|---|---|---|---|---|
Single-family | 20,000 | 110 | 100 | 2.2 |
(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) | |
|---|---|---|---|---|
Single-family | 30 | 15 | 30 |
(a)
When 25% or more of the street frontage within 400 feet of the property in question is improved with buildings, no buildings shall be constructed or altered to project beyond the average front yard so established.
(b)
Unenclosed porches, decks, patios or terraces, not covered by a roof or canopy, and not extending above the height of the first floor, may extend a maximum of six feet into the front yard.
(3)
Maximum height requirements. Maximum height requirements shall be as follows:
Use | Feet | Stories | |
|---|---|---|---|
Single-family | 35 | 3 |
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 the following:
§ 200-35 R-4 Residential District.
A.
Purpose. The purpose of this district is to provide for low-density residential development with smaller lots but with no increase in density over the R-3 Residential District. Such development is intended to be in areas which are or are expected to become generally urban in character, but where sanitary sewers and public water supplies may or may not be available at the time of construction, together with such churches, recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future.
B.
Permitted uses. A building or land shall be used only for the following purposes:
(1)
Detached single-family dwellings, but not mobile homes.
C.
Permitted accessory uses. Permitted accessory uses are as follows:
(1)
Accessory off-street parking and loading spaces.
(2)
Open or enclosed space for parking one commercial vehicle of not more than one-ton capacity and used by the occupant of a dwelling.
(3)
Domestic storage in the main building or in an accessory building.
(4)
Garages, private.
(5)
Home barbecue grills.
(6)
Keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use and not as a business.
(7)
Storage of a boat trailer or camp trailer or a boat, but not in a front yard, provided that it is not used for living purposes while so parked or stored.
(8)
Swimming pool and game courts, unlighted, for use of occupants or their guests.
(9)
Yard sales.
(10)
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.
[Amended 11-4-2019]
G.
Height, area and bulk requirement.
(1)
Minimum lot sizes. Minimum lot sizes shall be as follows:
Use | Area (square feet) | Width (feet) | Depth (feet) | Units/Acre | |
|---|---|---|---|---|---|
Single-family | 12,000 | 100 | 120 | 2.2 |
(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) | |
|---|---|---|---|---|
Single-family | 30 | 15 | 30 |
(a)
When 25% or more of the street frontage within 400 feet of the property in question is improved with buildings, no buildings shall be constructed or altered to project beyond the average front yard so established.
(b)
Unenclosed porches, decks, patios or terraces, not covered by a roof or canopy, and not extending above the height of the first floor, may extend a maximum of six feet into the front yard.
(3)
Maximum height requirements. Maximum height requirements shall be as follows:
Use | Feet | Stories | |
|---|---|---|---|
Single-family | 35 | 3 |
H.
Reference to additional regulations. The regulations contained in this section are supplemented or modified by regulations contained in other articles or sections of this chapter, especially the following:
[Amended 12-3-2012]
§ 200-36 Residential Planned Community (RPC) District.
[Added 12-3-2012]
A.
Objectives and purposes. The objectives and purposes of the Residential Planned Community (RPC) District created hereby are to:
(1)
Encourage best possible layout of buildings and site planning;
(2)
Provide for a unified plan of development;
(3)
Promote imaginative and environmentally responsible development;
(5)
Preserve open space for passive and active recreation;
(6)
Protect existing and future development; and
(7)
Implement the goals of the Comprehensive Plan.
B.
General provisions.
(1)
The RPC District is a superimposed district, also sometimes referred to as a "floating" or "overlay" district. More specifically, to enable the RPC District to operate in harmony with the plan for land use and population density embodied in these regulations, the RPC District is created as a special district that may be superimposed on the R-4 Residential District only (and no other zoning districts) and is to be so designated by a special symbol for its boundaries on the Selbyville Zoning Map.
(2)
The housing types, minimum lot requirements, density, maximum height, minimum yard requirements, and other such development requirements shall be determined by the requirements and procedures set forth in this Section, which shall prevail over conflicting requirements that may be found in other zoning or subdivision regulations or ordinances.
(3)
The RPC District allows for possible multifamily and commercial uses, in addition to single-family uses.
(4)
All RPC Districts shall include a property owners' association and appropriate restrictive covenants. The formation documents for the property owners' association and the restrictive covenants for the RPC District must be submitted to and approved by the Town Council as part of the RPC approval process. Subsequent proof of the formation of the property owners' association and recordation of the restrictive covenants at the Office of the Recorder of Deeds, in and for Sussex County, Delaware, must be submitted to the Town Council. No building permits for the RPC District shall be issued until such proof has been submitted.
(5)
A development agreement between the developer of the RPC District and the Town is required as part of the approval process. No building permits for the RPC District shall be issued until the development agreement has been approved and executed by both the developer and the Town Council.
(6)
Ownership. The land in an RPC District need not be under single ownership, provided that proper assurances are given, through the procedures contained in this section, the development agreement, or elsewhere in these regulations, that the project can be successfully completed.
C.
RPC District approval process.
(1)
Planning Commission's role. The Planning Commission's role in connection with any application for an RPC District zoning designation shall be to review the plans submitted to ensure conformity with the Comprehensive Plan, accepted design principles and the requirements of this section. The Planning Commission shall determine the appropriate suitability of the overall development plan and shall make a recommendation for approval or disapproval to the Town Council.
(2)
The Planning Commission may recommend and the Town Council may impose conditions regarding the layout and design of the proposed development.
(3)
No building permit shall be issued until a final plot of the proposed development or part thereof is approved, filed and recorded at the Office of the Recorder of Deeds, in and for Sussex County, Delaware.
(4)
An application for approval of an RPC District may be presented concurrently with an application for establishment of an R-4 Residential District (the only permitted underlying zoning district for an RPC District).
(5)
Schedule of construction. In approving an RPC District, the Planning Commission may recommend and the Town Council may adopt a schedule of construction. If such a schedule is adopted, no permits for construction shall be issued except in accordance with the adopted schedule. Where both single-family and multifamily dwelling types are part of the development or where nonresidential uses are part of the development, the schedule of construction may require concurrent construction of a given type, number or use in that proportion recommended by the Commission and/or approved by the Town Council.
(6)
The Town Council shall review all RPC District applications and development plans for final approval.
(7)
Incorporation of additional land area. If, after approval and recording of the final site plan for the RPC District, the applicant/developer desires to incorporate additional or after-acquired adjacent land area into the RPC development plan, an informal conference with the Planning Commission shall be required for the purpose of outlining the scope of the application. If an application is filed for inclusion approval, the general procedural requirements of this section shall apply, with the application being deemed an application to extend or amend an existing RPC. Any application for an extension or an amendment of an RPC District to incorporate additional land area into a previously approved plan shall be considered within the parameters of the establishment of a new and separate RPC District.
D.
RPC District design criteria, standards and guidelines. The design criteria, standards and dimensional requirements (bulk and parking regulations) shall be in accordance with the following Subsections D(1) through (6) of this § 200-36, except that the Planning Commission may relax, subject to the Town Council’s final approval in accordance with § 200-36C(6) above, any of these requirements where the developer can demonstrate that such action is desirable and consistent with the objectives of this ordinance and the comprehensive plan.
[Amended 2-4-2013; 1-5-2015]
(2)
Permitted uses.
(a)
A minor RPC shall be permitted in the R-4 Residential District only and shall consist of single-family uses only.
(b)
A major RPC shall be permitted in the R-4 Residential District only and may include the following residential uses:
[1]
Single-family dwellings.
[2]
Townhouses limited to a maximum of eight units per building with a maximum building length of 165 feet. An additional 10% of the total required parking for townhouses within the development shall be provided for guest use.
[3]
Two-family dwellings on lots that shall be at least 14,400 square feet in size with a minimum lot width of 120 feet.
[4]
The total number of townhouses and two-family dwellings shall, together, not exceed thirty 30% of the total unit count for the development.
[5]
Townhouses and two-family dwelling lots shall be separated from the adjacent development with single-family lots or a landscaped open area buffer that is at least 100 feet in width.
(c)
A Major RPC consisting of 100 or more residential units may include the residential uses described in Subsection D(2)(b) above, plus retail/service commercial uses subject to the following requirements:
[1]
Commercial uses shall be limited to one acre of lot area per 100 residential units.
[2]
Commercial uses shall be separated from adjoining residential uses with appropriate landscaped screening.
[3]
Commercial uses shall be limited to the permitted principal and special exception uses in the HB Historic Business District, and shall be uses of convenience for the RPC community.
[4]
Commercial uses shall be accessible from all residential units within the RPC community by sidewalks or other pathways.
[5]
At least one vehicular accessway directly from an existing public roadway to the commercial uses in the RPC community shall be provided. However, said accessway shall not pass residential uses unless sufficiently screened with landscaping.
(3)
Density.
(a)
Maximum density shall not be greater than the density permitted in the underlying R-4 Residential District, i.e., 2.2 units per acre, based upon gross land area.
(b)
For residential lots that share their entire perimeter with other lots within the RPC and/or roadways/rights-of-way, a maximum lot count representing 10% of the total of all lots and units is permitted.
(4)
Open areas.
(a)
Open areas shall be limited to areas for recreation or for conservation of natural resources, growing of trees, community gardens, or for other approved community uses.
[1]
Recreation areas shall be limited to public or private noncommercial social and recreational uses, public or private golf courses, marinas, playgrounds, and/or other amenities that may be approved by the Town Council.
[2]
Open areas shall not include areas designated for commercial uses, residential lots, multifamily buildings, roadways/rights-of-ways, or other paved surfaces.
(b)
Open area(s) designated for recreational use shall constitute no less than 50% of the total land area of all open space areas.
(c)
Open areas shall be accessible from all residential units within the RPC community by sidewalks or other pathways. Each residential lot shall be no further away than 800 feet (as measured along the accessible sidewalks or other pathways) to open areas of at least 10,000 square feet that is at least 100 feet in width.
(5)
Minimum lot dimensions.
(a)
All lots shall contain a lot area of at least 9,000 square feet and shall have a lot width of at least 75 feet (75 feet by 120 feet).
(b)
Lots abutting adjacent properties that are not part of the RPC District shall be separated from these adjacent properties with a landscaped open area buffer of at least 25 feet in width; or, alternatively, 25 feet shall be added to the lot width or depth (whichever is applicable to achieve the same effect). Under this alternative, the setback abutting adjacent properties not a part of the RPC District shall be increased 25 feet.
(c)
Setbacks.
[1]
Front: 30 feet.
[2]
Side: 10 feet.
[3]
Rear: 30 feet.
[4]
Nongarage portions of the building may encroach up to four feet into the front setback. One-story covered porches or porticos may project up to 10 feet into the front setback. Garages are to be set back a minimum of four feet from any front-facing projection.
(6)
Community features.
(a)
Sidewalks: A five-foot minimum concrete or masonry sidewalk shall be required along at least one side of every public roadway (including existing public roadways bordering the RPC development) or private drives accessing multifamily buildings. Such sidewalks shall be separated from the paved roadway or drives with a planted buffer at least three feet in width.
(b)
Each lot shall have the following:
[1]
At least two trees in the front yard, which shall be suitably selected given the climate and soil types. At least one tree for every two townhouse units shall be provided between the units and the roadway or drive that accesses them.
[2]
A mailbox of uniform design that shall be consistent throughout the RPC community.
[3]
A concealed trash-can storage area that is not visible from the roadways on non-trash-collection days.
(c)
Dumpsters for townhouse and/or commercial uses shall be adequately screened.
(d)
Boat and/or RV storage area(s) that can accommodate a minimum number of paved spaces equal to 20% of the total number of units in the RPC shall be provided. Each space shall have a minimum size of 12 feet by 40 feet. All boat and RV storage areas shall be adequately screened.
(e)
No more than eight contiguous lots shall be permitted along a straight portion of any roadway/right-of-way before the roadway/right-of-way bends, curves or otherwise changes course or direction.
(f)
Additional subdivision and design guidelines shall be based upon the R-4 Residential District and as may be further provided within the Town's Charter, both of which are incorporated herein by reference.