Sussex County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XID
C-4 Planned Commercial District
§ 115-83.24 Purpose.
In order to encourage carefully planned large-scale commercial, retail, and mixed-use developments as a means of creating a superior shopping, working and living environment through unified developments, and to provide for the application of design ingenuity while protecting existing and future developments and achieving the goals of the Comprehensive Plan.
§ 115-83.25 Minimum district requirements.
A.
The land area shall have access to an existing or planned arterial or collector road.
B.
The land area shall be served by adequate existing or planned infrastructure.
C.
The land areas may contain a single parcel or multiple parcels. The minimum district area is three acres.
[Amended 7-27-2021 by Ord. No. 2792]
D.
The land need not be under single ownership, provided that proper assurances are given, through the procedures contained in this section or elsewhere in these regulations, that the project can be successfully completed and maintained.
E.
The district may have a maximum of 40% of its developable area consist of duplexes, townhouses or multifamily dwellings.
[Amended 7-27-2021 by Ord. No. 2792]
F.
Site plan review requirements.
(1)
A Planned Commercial District will be permitted only in accordance with a development plan approved by County Council in accordance with the requirements and procedures contained in this section.
(2)
The development plan shall display the requirements identified in § 115-220, Preliminary site plan requirements. The development plan shall also include:
(a)
Land use plan or plans showing location and arrangement of all proposed land uses, heights of buildings, setbacks and side yards, proposed internal and external traffic circulation (including widths, driveways and access), pedestrian circulation, proposed open space dedications and easements.
(b)
General landscaping and screening plan showing general types, location and design of landscaping and screening.
(c)
A tabular summary of percentage of site devoted to buildings, open space, streets and parking areas, and total floor area of all residential and nonresidential structures.
(d)
Plan showing proposed generalized parking arrangements.
(e)
Architectural sketches of typical proposed structures and typical landscaping and screening areas.
(f)
A plan or report indicating the extent, timing and estimate costs of all off-site improvements such as roads, sewer and drainage facilities necessary to the construction of the planned development. Such plan or report shall relate to the sequence of development.
(g)
A report or plan showing the adequacy of public facilities and services such as water, sewer drainage, streets and roads to serve the proposed development.
(h)
General plan for sedimentation and erosion control and stormwater management.
(3)
Upon approval of the preliminary plan, the applicant shall submit the final plans displaying the requirements identified in § 115-221, Final site plan requirements.
(4)
To further the intent of the district to provide an integrated master plan setting for uses in the Planned Commercial Development District, the development shall be designed in accordance with the following:
(a)
Designed as an integrated and comprehensively planned area and using a common parking area, shared ingress and egress, pedestrian walkways, open space, stormwater management facilities and water and wastewater utilities.
(b)
Internal access streets should be provided to serve large scale retail uses. Individual access points for individual uses onto an existing collector or arterial roadway shall not be permitted. Interconnectivity with adjacent parcels shall be required.
(c)
The landscaping plan provides a continuous landscape pattern throughout the entire site. An overall landscape plan for the entire site shall be provided that provides for this continuity but also allows for flexibility as specific buildings and accessory uses are located within the site.
(d)
To the maximum extent feasible, any provision of utilities, including but not limited to water, wastewater, storm drainage and stormwater management facilities shall be provided in a coordinated fashion to address the ultimate needs of the entire site.
§ 115-83.26 Permitted uses.
A.
A building or land shall be used only for the following purposes:
(1)
Agriculture-related uses.
(a)
Wholesale, retail, nurseries for sale or products produced on site.
(5)
Manufacturing, assembling, processing.
(a)
Winery, brewery or distillery under 7,500 square feet.
(7)
Institutional, residence, care, confinement and medical facilities.
(a)
Family child day-care center (one to six children).
(b)
Large family child-care homes (seven to 12 children).
(c)
Early care and education and school-age child centers (13+ children).
(d)
Residential child care facilities and day treatment programs.
(e)
Child placement agencies.
(f)
Medical clinics.
(g)
Independent care facility.
(h)
Assisted living facility.
(i)
Extended care facility.
(j)
Intermediate care facility.
(k)
Long-term care facility.
(l)
Graduate care facility.
(m)
Surgical center.
(n)
Fitness/wellness center.
(o)
Museums, nonprofit art galleries.
(p)
Community centers.
(11)
Not grouped elsewhere.
(a)
Technology centers.
(b)
Temporary removable vendor stands, including but not limited to food trucks and similar vehicles or trailers, located on the premises between March 15 and November 15 for the sale of food, agricultural products or other food-related goods. Such temporary removable vendor stands must comply with all of the following requirements:
[1]
No temporary removable vendor stand shall be permanently affixed to the premises. All temporary removable vendor stands shall be fully transportable and moveable within 24 hours.
[2]
There shall be no more than one temporary removable vendor stand on a parcel at any one time.
[3]
No temporary removable vendor stand shall be wider than eight feet six inches nor longer than 45 feet.
[4]
No temporary removable vendor stand shall be permanently connected to any utilities, including water, sewer, electric or gas.
[5]
No temporary removable vendor stand shall interfere with vehicular or pedestrian movement on a parcel or adjacent rights-of-way.
[6]
The owner of a proposed temporary removable stand shall present the Director of Planning and Zoning with written approval of the existence and location of the stand by the property owner and a drawing showing the location of the stand upon the property. Upon presentation of this information, the Director may preliminarily approve the stand or require the owner to apply for a special use exception from the Board of Adjustment if there are concerns about the location, the size of the property, the effect(s) upon on-site parking, neighboring properties or roadways, or other good cause.
[7]
If preliminarily approved, the owner of a proposed temporary removable stand shall present the Director of Planning and Zoning with evidence of a current State of Delaware business license.
[8]
Upon approval by the Director, a Sussex County vendor stand sticker shall be issued in a form established by the Director. This sticker shall be visible on the stand at all times.
[9]
The approval of a temporary removable vendor stand shall be valid for one year.
[10]
The application for a temporary removable vendor stand shall be in a form established by the Director. The fee for filing such an application shall be $100.
(c)
Use of a manufactured-home-type structure for any business, commercial or industrial use that is administratively approved by the Director or his or her designee, and subject to the requirements set forth in Article IV, § 115-20A(16).
[Added 10-22-2019 by Ord. No. 2684]
B.
Where, in the judgment of the Commission, a use is not specifically referenced but is similar to those listed as permitted, it may be permitted by approval of the Commission.
§ 115-83.27 Permitted accessory uses.
Permitted accessory uses are as follows:
A.
Greenhouses, commercial.
B.
Temporary buildings, including manufactured home type structures, 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 expiration of a period of two years of the time of erection of the temporary building, whichever is sooner. If construction operations or the initial sale of lots remain actively underway, the Director may grant extensions to this time period.
[Added 10-8-2019 by Ord. No. 2683]
§ 115-83.28 Special use exceptions.
Special use exceptions may be permitted by the Board of Adjustment and in accordance with the provisions of Article XXVII of this chapter, and may include:
A.
Exceptions to parking and loading requirements, as follows:
(1)
Off-street parking areas, adjacent to or at a reasonable distance from the premises on which parking areas are required by the parking regulations of Article XXII, where practical difficulties, including the acquisition of property, or undue hardships are encountered in locating such parking areas on the premises and where the purpose of these regulations to relieve congestion in the streets would be best served by permitting such parking off the premises.
(2)
Waiver or reduction of the parking and loading requirement in any district whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities.
(3)
Waiver or reduction of loading space requirements where adequate community loading facilities are provided.
(4)
Waiver or reduction of loading space requirements for uses which contain less than 10,000 square feet of floor area where construction of existing buildings, problems of access or size of lot make impractical the provision of required loading space.
B.
Temporary and conditional permits for a period not to exceed five years, such period to be determined by the Board, for the following uses:
[Added 10-22-2019 by Ord. No. 2684]
(1)
Use of a manufactured-home-type structure for any business, commercial or industrial use when not approved administratively by the Director or his or her designee.
§ 115-83.29 Permitted signs.
§ 115-83.30 Height, area and bulk requirements.
A.
Minimum lot sizes. Minimum lot sizes shall be as follows:
[Amended 7-27-2021 by Ord. No. 2792]
Use | Minimum Area** (square feet) | Maximum Area** (square feet) | Width* (feet) | Depth (feet) |
|---|---|---|---|---|
Permitted uses | 7,500 | — | 75 | 100 |
* | NOTE: A lot fronting on a numbered road shown on the General Highway Map for Sussex County of 1964, as revised, shall have a minimum lot width of 150 feet. |
** | NOTE: Any lot which is not connected to a central sewer system, as defined by § 115-194A, or which is located within a planning area as defined by a sewer planning study approved by the Sussex County Council, shall have a minimum area of 3/4 acre. |
B.
Minimum yard requirements. Minimum yard requirements shall be as follows, except that, in addition, the requirements relating to minimum buffers and setbacks contained in § 115-194.1E of this Code shall apply to all uses other than single-family dwellings and multifamily structures:
Use | Depth of Front Yard (feet) | Width of Side Yard (feet) | Depth of Rear Yard (feet) |
|---|---|---|---|
Permitted uses | 60 | 5 | 5 |
Multifamily-type structure | (See Table II, included at the end of this chapter.) | ||
C.
Maximum floor area requirement. Maximum floor area requirements shall be as follows:
Use | Maximum Floor Area (square feet) |
|---|---|
Permitted uses | — |
D.
Maximum height requirement. Maximum height requirements shall be as follows:
Use | Feet |
|---|---|
Permitted uses | 42 |
§ 115-83.31 Reference to additional regulations.
The regulations contained in this article are supplemented or modified by regulations contained in other articles of this chapter, especially the following:
Article XX, Tables
Article XXI, Signs
Article XXII, Off-Street Parking
Article XXIII, Off-Street Loading
Article XXV, Supplementary Regulations
Article XXVII, Board of Adjustment