Zoning, building permits and septic rules in Town of Slaughter Beach, Delaware

Town of Slaughter Beach’s own rules

• Building permitRequired

  Construction and alterations inside Slaughter Beach town limits that need a building permit from the Town.

  • Town permit procedure is described in a linked form/procedure document that was not opened.
  • A Sussex County building permit is also needed for nearly all projects that need a Town permit, per a search snippet of the Town site (not opened; not relied on here).
  • Certificate of zoning compliance or construction permit issuance is subject to the zoning ordinance's clean hands provision (Section 7.9).

  “a certificate of occupancy (“co”) shall be required prior to any occupancy or permanent use of any new construction or alteration of an existing dwelling or business in such a way that a building permit is required.”

• Building code adoptedAdopted

  Construction inside Slaughter Beach town limits; the Town enforces its zoning ordinance using the construction codes that Sussex County adopts and enforces.

  • The adoption is by reference to the building code adopted, amended and enforced by Sussex County, including later revisions.
  • A search snippet (page not opened) attributed a 2012 International Residential Code / International Building Code edition to the Town; that conflicts with the zoning text's reference to Sussex County's code and has not been verified.

  “the town of slaughter beach recognizes the current building code as adopted, amended, and enforced by sussex county, as the same may from time to time be amended, including subsequent revisions thereto, as the formal construction codes in the enforcement of this ordinance.”

• Certificate of occupancyRequired

  New construction or alteration of a dwelling or business in Slaughter Beach town limits that needs a building permit

  • Town code enforcement official issues the CO within seven business days after the applicant confirms the listed items.
  • Required items include a Sussex County CO where applicable, payment of Town transfer tax for new construction, the CO fee, and a flood elevation certificate where construction is in a floodplain.
  • Fee set by the Town fee schedule and subject to change by Town Council; CO filing fees are non-refundable.

  “a certificate of occupancy (“co”) shall be required prior to any occupancy or permanent use of any new construction or alteration of an existing dwelling or business in such a way that a building permit is required.”

• Local zoningPresent

  All land inside Slaughter Beach town limits (Slaughter Beach, Sussex County, DE). Town-adopted zoning ordinance.

  • The text opened is the Town's zoning ordinance PDF dated 6-8-2020. The Town site also lists earlier and later zoning actions (a 2015 adoption date and 2023 amendment notices) that were not opened; confirm the current version with the Town.
  • The Town zoning map is a separate document from the ordinance text.

  “an ordinance repealing the existing slaughter beach zoning ordinance and adopting a new slaughter beach zoning ordinance establishing comprehensive zoning regulations for the town of slaughter beach, delaware”

• Zoning districtsPublished

  Zoning districts inside Slaughter Beach town limits

  • Districts seen in the opened ordinance: Commercial (C), Conservation-Agriculture (C/A), Residential (R-1), Residential (R-2), Residential/Commercial (R/C) and Wharf (W).
  • Each lot must meet the area, width, depth and building height requirements of its district in the Section 5.1 table.

  “4.2 commercial (c). the purpose of the commercial district is to maintain the existing light commercial areas of the town”

• Minimum dwelling sizeSpecified

  Every building or structure erected or structurally altered for human habitation inside Slaughter Beach town limits (town-wide, not district-specific)

  • Stated in general terms in Section 5.3; no district exception was seen in the opened text.

  minimum habitable floor area: >= 1000 square feet

  “all buildings or structures erected or structurally altered and used for human habitation shall have a floor area of no less than 1,000 square feet.”

• SetbacksSpecified

  Residential (R-1) district lots inside Slaughter Beach town limits

  • Table footnote (d): the aggregate of both side yards shall be a minimum of twenty (20) feet.
  • Bayfront setback is measured from the DNREC coastal building line, not a fixed distance.
  • Footnotes (a) through (c) to the table were cut off in extraction and must be read in the full ordinance.

  minimum front yard setback: >= 15 feet · minimum side yard setback: >= 8 feet (each side; aggregate of both sides at least 20 feet) · minimum rear yard setback: >= 20 feet · bayfront setback line: DNREC coastal building line

  “(d) the aggregate of both side yards shall be a minimum of twenty (20) feet.”

  2 more reviewed findings on this topic

  • Specified — Residential (R-2) district lots inside Slaughter Beach town limits

    “(d) the aggregate of both side yards shall be a minimum of twenty (20) feet.”

  • Specified — Conservation-Agriculture (C/A) district lots inside Slaughter Beach town limits

    “(d) the aggregate of both side yards shall be a minimum of twenty (20) feet.”

• Building heightSpecified

  Residential (R-1) district structures inside Slaughter Beach town limits

  • Private garages in R-1 are limited to 18 feet (Section 5.5).

  maximum building height: <= 36 feet · maximum private garage height: <= 18 feet (private garages in R-1, R-2 and R/C)

  “r-1 50 feet 100 feet 15 feet 8 feet 20 feet dnrec coastal building line 36 feet”

  2 more reviewed findings on this topic

  • Specified — Residential (R-2) district structures inside Slaughter Beach town limits

    “r-2 75 feet 100 feet 15 feet 8 feet 20 feet dnrec coastal building line 36 feet”

  • Specified — Conservation-Agriculture (C/A) district structures inside Slaughter Beach town limits

    “c/a 100 feet 100 feet 15 feet 8 feet 20 feet dnrec coastal building line 36 feet”

• Building in a floodplainRequired

  Construction inside the floodplain in Slaughter Beach town limits

  • Section 8 refers to a separate Town floodplain ordinance that was not opened.
  • Certificate of occupancy requires a flood elevation certificate where construction is in a floodplain.

  “section 8. construction in a flood plain. see town’s flood plain ordinance.”

• Permit feesPublished

  Town building permit fees for work inside Slaughter Beach town limits

  • Fee schedule stated as approved by Town Council on August 21, 2023.
  • New homes carry a percentage assessment of .00375 in addition to the $125.00 base charge; the extracted text is garbled, so confirm the exact wording on the page.
  • Zoning review fees on the page: new building or addition $100; alterations $25.

  permit fee, work valued $1 to $1,500: 50 USD · permit fee, work valued $1,501 to $2,500: 75 USD · permit fee, work valued $2,501 to $3,500: 100 USD · permit fee, work valued $3,501 to $5,000: 125 USD

  “permit requests for work valued between $1 and $1,500 = $50.00”

• Permit processPartial

  Town building permit process for work inside Slaughter Beach town limits

  • The step-by-step procedure is in a linked 'permit procedures' document that was not opened.
  • Zoning compliance checklist, building permit application, demolition permit and construction project checklist are listed as forms on the same page.

  “a printable form further describing the procedure for obtaining building permits is available here”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction in Slaughter Beach town limits
• Inspections — Building inspections for construction inside Slaughter Beach town limits
• Lot coverage — Maximum lot coverage in Slaughter Beach town limits
• Living in an RV — Occupancy of recreational vehicles on private land inside Slaughter Beach town limits
• Camping on your land — Temporary camping on private land inside Slaughter Beach town limits

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.