Sussex County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VIII
UR Urban Residential District
§ 115-52 Purpose.
The purpose of this district is to provide zoning regulations for incorporated municipalities having no zoning provisions of their own and which choose to come under the Sussex County Comprehensive Zoning Ordinance. The pattern of most areas within incorporated municipalities is already established by existing structures and uses. The intent of the UR regulations, therefore, is to prevent deterioration and abuse of the existing pattern in each locality of a municipality. To avoid making a majority of the existing structures and uses nonconforming, UR regulations are broadly flexible.
§ 115-53 Permitted uses.
[Amended 12-16-2008 by Ord. No. 2022;[1] 10-12-2010 by Ord. No. 2152; 10-22-2019 by Ord. No. 2684; 10-18-2022 by Ord. No. 2889; 6-25-2024 by Ord. No. 3027; 8-27-2024 by Ord. No. 3038]
A building or land shall be used only for the following purposes:
A.
Detached single-family dwellings, other than manufactured homes.
B.
Churches, rectories, parish houses, convents and monasteries, temples and synagogues.
C.
Golf courses, not lighted for night play and not including miniature golf courses, putting greens, driving ranges and similar activities operated as a business, but including a building for a golf shop, locker rooms and snack bar as an accessory use to a permitted golf course, provided that no such building is located closer than 100 feet to adjoining property lines. Practice greens and tees may accompany a standard nine-hole or eighteen-hole golf course occupying at least 75 acres.
D.
Public and private parks, forests, wildlife reservations and similar conservation projects.
E.
Recreational uses such as tennis courts, swimming pools and other similar activities operated exclusively for the use of private membership and not for commercial purposes, provided that no such use, structure or accessory use is located closer than 50 feet to an adjoining property line, unless such property line fronts a public street or waterway with rights-of-way not less than 25 feet, in which instance the required setback need not exceed 25 feet, and provided further that all such facilities must be located on a site having a minimum of two acres.
F.
Swimming pools, game courts, picnic grounds, boat basins, lakes or similar activities in a development or subdivision, when such facilities are situated on a separate lot or parcel within said development or subdivision for use of the residents and their guests and not commercially operated, may be on less than two acres. Such facilities will be subject to a site plan review, and setbacks will be determined by the Commission.
H.
Use of a manufactured home as a single-family dwelling to meet an emergency or hardship situation that is administratively approved by the Director or his or her designee the requirements set forth in Article IV, § 115-20A(14).
I.
One accessory dwelling unit subject to the requirements set forth in Article IV, § 115-20A(15).
J.
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 the requirements set forth in Article IV, § 115-20A(16).
K.
A Sussex County Rental Program, or SCRP, townhouse or multifamily development governed by, and subject to, Chapter 72, where at least 25% of all dwelling units are SCRP Units pursuant to Chapter 72. The SCRP development must satisfy the following criteria:
(1)
The site must be located within a Town Center, a Developing Area, the Commercial Area or the Coastal Area as described within the Land Use Element and as shown on the Future Land Use Plan of the adopted Sussex County Comprehensive Plan.
(2)
The site shall be located within 2,640 feet of a principal arterial road, minor arterial road or major collector road as classified by the Delaware Department of Transportation. In addition, an Applicant should make every effort to coordinate with DART for transit access to and from the site.
(3)
The site must be served by a central sewer system and a central water system.
(4)
The total maximum number of dwelling units (including both SCRP Units and non-SCRP Units) that may be permitted shall be determined by dividing the gross area by 3,630 square feet. "Gross area" shall exclude any area designated as a tidal tributary stream or tidal wetlands by § 115-193.
(5)
There shall be a 100-foot-wide setback around the entire site, which shall incorporate the perimeter buffers and perimeter buffer protection areas set forth in § 99-21.A. This setback may include walking and biking trails.
(6)
The height of any townhouse or multifamily buildings shall not exceed 52 feet or four stories, whichever is greater; provided, however, that if the height does not exceed 42 feet, then the setback described in this subsection shall be reduced from 100 feet to 50 feet.
(7)
There shall be sidewalks on at least one side of all streets, roadways and parking areas, with interconnectivity to adjacent walkway systems wherever possible.
(8)
There must be interconnectivity with any adjacent property that is zoned C-1, CR-1, C-2, C-3, C-4, C-5, B-1, B-2 or B-3.
(9)
There shall be open space that exceeds 50% of the gross area of the entire site.
(10)
Sussex County shall commence a comprehensive review of the provisions of this SCRP program as set forth herein on or before January 1, 2028.
[1]
Editor’s Note: This ordinance also provided that it shall apply to applications filed after 1-1-2009.
§ 115-54 Permitted accessory uses.
[Amended 9-13-2011 by Ord. No. 2213; 10-8-2019 by Ord. No. 2683]
Permitted accessory uses shall be as follows:
A wind turbine which meets § 115-194.4 as a permitted use |
Accessory off-street parking and loading spaces. An open or enclosed place for parking one commercial vehicle of not more than one-ton capacity and used by the occupant of a dwelling shall be permitted as accessory |
Boat docks and boathouses for private use |
Domestic storage in a main building or in an accessory building |
Garages, private |
Home barbecue grills |
Home occupations in a main building or accessory building |
Playhouses, without plumbing, limited in floor area to 150 square feet and headroom limited to five feet |
Servants' quarters |
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 |
Swimming pools and game courts, lighted or unlighted, for the use of occupants or their guests |
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 the expiration of a period of two years of the time of erection of such temporary buildings, whichever is sooner. If construction operations or the initial sale of lots remain actively underway, the Director may grant extensions to this time period |
§ 115-55 Conditional uses.
The following uses may be permitted as conditional uses when approved in accordance with the provisions of Article XXIV of this chapter:
Beaches, commercial |
Cemeteries, including a crematorium if located at least 200 feet from the boundaries of the cemetery |
Institutions, educational or philanthropic, including museums, art galleries and libraries |
Marinas or yacht clubs |
Multifamily dwelling structures, subject to the provisions of § 115-219 |
Nursing and similar care facilities [Added 4-16-2019 by Ord. No. 2645] |
Private clubs |
Public or governmental buildings and uses, including schools, parks, parkways, playgrounds and public boat landings |
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, substations and transmission lines utilizing multilegged structures, but not telephone central offices |
Structures for commercial poultry raising on a farm of five acres or more, provided that such structures shall be located at least 200 feet from any dwelling not located on the premises |
Swimming or tennis clubs, private, nonprofit or commercially operated |
§ 115-56 Special use exceptions.
Special use exceptions may be permitted by the Board of Adjustment and in accordance with the provisions of Article XXVII and may include:
A.
Temporary and conditional permits for a period not to exceed five years, such period to be determined by the Board, for the following uses:
[Amended 3-5-1991 by Ord. No. 750; 11-10-1992 by Ord. No. 863; 10-12-1999 by Ord. No. 1346; 10-12-2010 by Ord. No. 2152; 10-22-2019 by Ord. No. 2684]
Archery ranges |
Miniature golf courses or driving ranges |
Raising for sale of birds, bees, rabbits and other small animals, fish and other creatures. Building setbacks shall be the same as required for the main structure. |
Temporary buildings for use as a sales or rental office for an approved real estate development or subdivision |
Tents for special purposes for a period exceeding three days. The Director may, without requiring an application for a special use exception, grant approval for a tent for a special purpose (revival, reception, tent sale as an accessory to a business or commercial use, or other similar activities). If approved by the Director, a tent for special purposes may be utilized on a parcel no more than three times in a calendar year. |
Use of a manufactured home as a single-family dwelling in any district to meet an emergency or hardship situation when not approved administratively by the Director or his or her designee, such permit not to exceed two years. The Director may, without requiring an application for a special use exception, grant an extension for an emergency or hardship situation previously approved by the County Board of Adjustment upon receipt of an affidavit from a doctor stating that the emergency or hardship situation still exists. Such extension may be granted annually as long as the emergency or hardship still exists. |
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 |
B.
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 best be served by permitting such parking off the premises.
(2)
Waiver or reduction of the parking and loading requirements 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.
C.
Other special use exceptions as follows:
[Amended 5-16-1989 by Ord. No. 585; 4-24-2001 by Ord. No. 1445; 10-12-2010 by Ord. No. 2152; 9-13-2011 by Ord. No. 2213; 4-16-2019 by Ord. No. 2645; 10-22-2019 by Ord. No. 2684; 6-25-2024 by Ord. No. 3027]
Alteration, extension or replacement of a nonconforming manufactured home, subject to the provisions of § 115-196 |
Cemeteries for pets |
Commercial communications towers and antennas |
Commercial greenhouses, wholesale or retail, and nurseries for growing plants, trees and shrubs, including a building for sale of products produced on the premises |
Day nurseries or child-care centers |
Private garages for more than four automobiles and with floor area more than 900 square feet in a residential district |
Public telephone booths in residential districts |
Telephone central offices, provided that all storage of materials, all repair facilities and all housing of repair crews are within a completely enclosed building |
Tourist homes (also referred to as "bed-and-breakfast inns") |
§ 115-57 Permitted signs.
§ 115-58 Height, area and bulk requirements.
A.
Minimum lot sizes. Minimum lot sizes shall be as follows:
Use | Area** (square feet) | Width* (feet) | Depth (feet) |
|---|---|---|---|
Single-family dwelling | 10,000 | 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 90 feet. [Added 11-7-1989 by Ord. No. 632] | |||
**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. [Added 7-15-1997 by Ord. No. 1157] |
B.
Minimum yard requirements. Minimum yard requirements shall be as follows:
(1)
On a street or road with existing buildings having a front yard setback that is less than that required in the district, any new or relocated building may have a front yard setback that is equal to the average setback of those existing buildings located on the same side of the street or road and being within 300 feet of the new or relocated building. Any vacant lot shall be calculated as having the required setback for the district. In cases where the above does not apply, there shall be a setback of 30 feet from the street right-of-way line.
(2)
Side yards shall not be less than 10 feet, free of all accessory buildings.
(3)
Rear yards shall be not less than 10 feet, free of all accessory buildings.
C.
Maximum height requirements. Maximum height requirements shall be as follows:
[Amended 10-31-1995 by Ord. No. 1062]
Use | Feet |
|---|---|
Single-family dwelling | 42 |
D.
See also the table of district regulations at the end of this chapter.
E.
Sussex County Rental Unit development permitted by § 115-53K. The minimum lot size, lot area per dwelling unit, open space, height and setback requirements for a Sussex County Rental Unit development permitted by § 115-53K shall be governed by the dimensional requirement set forth in that section.
[Added 10-18-2022 by Ord. No. 2889]