Zoning, building permits and septic rules in Town of Delmar, Delaware

Town of Delmar’s own rules

• Building code adoptedAdopted

  Building construction inside the Town of Delmar, Delaware

  • Adopts the 2012 edition of the International Building Code with exceptions and amendments listed in § 395-11, which strikes Chapter 13 and substitutes another text; the substitution was not read in full.
  • Adoption by Ord. No. 169, dated 11-6-2017.

  “be and hereby is adopted as the building code of the town of delmar, delaware”

• Local zoningPresent

  Land inside the Town of Delmar, Delaware limits (Sussex County side). The Town's own planning and zoning regulations (Chapter 10) apply.

  • Chapter 10 is a joint text for the Towns of Delmar, Maryland and Delmar, Delaware; the Delaware adoption is Ord. No. 165 (DE), dated 9-8-2015.
  • The Delaware-side text read here is the 2015 PDF. The current eCode Chapter 10 page was captured only as a table of contents, so later amendments were not checked.
  • Chapter 10 Article XXXII/XXXIII names a Delaware Board of Adjustments (§ 10-204), which supports Delaware-side administration.

  “adopted 9-14-2015 by ord. no. 730 (md) and 9-8-2015 by ord. no. 165 (de)”

• Zoning districtsPublished

  Zoning districts inside the Town of Delmar, Delaware, as set out in Chapter 10

  • Districts named in the 2015 table of contents include Residential R-1 (Section 4), Residential R-2 (Section 5), Mobile Home Residential R-3 (Section 6), Residential R-4 (Section 7), Central Business (Section 8), Office and Service (Section 9) and Community Business (Section 10).
  • Chapter 10 attachments list a zoning maps appendix (Appendix B) and a lot-area summary (Appendix A); neither was opened.

  “section 4 – residential r-1 district a. uses permitted inherently”

• Minimum lot sizeSpecified

  Single-family detached dwelling lots in the Residential R-1 district (Section 4) inside the Town of Delmar, Delaware

  • Figures are from the 2015 Planning & Zoning Regulations text (PDF pages 31-32 of 130). Appendix A (Summary of Lot Area Requirements) was not opened and should be checked for consistency.
  • Section 3 general provisions say no lot may be reduced in area below the minimum lot area specified for its district.

  minimum lot area: >= 7000 square feet · minimum lot width: >= 50 feet

  “d. area requirements 1. minimum lot area: 7,000 square feet. 2. minimum lot width: 50 feet.”

  One more reviewed finding on this topic

  • Specified — Residential R-2 district (Section 5) inside the Town of Delmar, Delaware

    “d. area requirements 1. minimum lot area: 9,000 square feet. 2. minimum lot width: 60 feet.”

• SetbacksSpecified

  Principal and accessory structures in the Residential R-1 district (Section 4) inside the Town of Delmar, Delaware

  • Accessory structures: rear 5 feet and side 3 feet, per the same R-1 subsection.
  • Section 3 general provisions say where the majority of front setbacks have been established by existing development within a block, the average depth applies (2015 text).

  principal structure front setback: >= 20 feet · principal structure rear setback: >= 30 feet · principal structure side setback: >= 10 feet (each side)

  “3. minimum setbacks of principal structure: a. front: 20 feet. b. rear: 30 feet. c. side: 10 feet on each side. 4. minimum setbacks of accessory structures: a. rear: 5 feet b. side: 3 feet”

  One more reviewed finding on this topic

  • Specified — Principal and accessory structures in the Residential R-2 district (Section 5) inside the Town of Delmar, Delaware

    “3. minimum setbacks of principal structure: a. front: 25 feet. b. rear: 30 feet. c. side (interior lot side): 10 feet on each side. d. side (corner lot side): 15 feet on each side.”

• Building heightSpecified

  Structures in the Residential R-1 district (Section 4) inside the Town of Delmar, Delaware

  • Height limits are from the 2015 text.

  maximum principal structure height: <= 35 feet · maximum accessory structure height: <= 20 feet

  “5. maximum building height: a. principal structure: 35 feet b. accessory structures: 20 feet.”

  One more reviewed finding on this topic

  • Specified — Structures in the Residential R-2 district (Section 5) inside the Town of Delmar, Delaware

    “5. maximum building height: a. principal structure: 35 feet b. accessory structures: 20 feet.”

• Manufactured homesLimited

  Mobile home parks in the Mobile Home Residential R-3 district (Section 6) inside the Town of Delmar, Delaware. Single manufactured homes on individual lots outside a park were not checked.

  • The 2015 text sets a mobile home lot minimum of 6,000 square feet (8,000 square feet where the home exceeds 1,200 square feet) and lot widths and depths in the same subsection.
  • Applies to mobile home parks, not to all manufactured homes.

  minimum mobile home park area: >= 10 acres · minimum mobile home lots in a park: >= 50 lots

  “g. the area of a mobile home park shall be a contiguous parcel of property and have a minimum size of 10 acres and is platted for the development of a minimum of 50 mobile home lots.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Delmar or Sussex County directly.

• Owner-builder exemption — Owner-builder construction inside the Town of Delmar, Delaware
• Inspections — Inspections of construction inside the Town of Delmar, Delaware
• Certificate of occupancy — Certificates of occupancy inside the Town of Delmar, Delaware
• Minimum dwelling size — Minimum dwelling floor area inside the Town of Delmar, Delaware
• Lot coverage — Lot coverage limits inside the Town of Delmar, Delaware

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.