0 Sussex Highway, Seaford, DE 19348

OFFERED AS-IS, WHERE - IS

Sewer, Water & Electric - City of Seaford

Natural Gas - Chesapeake Utilities

Tax Parcel : 3-31-6.00-4.00

Current Seaford Taxes: ~ 3,200.00 per year

Wetland Study Available upon request

ZONING DESCRIPTION. C1 & C2

Code of the City of Seaford Chapter 15 – Zoning, Land Use and Development

ARTICLE 21 – C-1 GENERAL COMMERCIAL DISTRICT

[Amended on 05/13/2025 by Ordinance #2025-03]

§15.21.1 Intent of Article.

It is the purpose of this Article to make provisions along certain major arterial routes for

limited types of commercial development that complement each other and adjacent land

uses.

§15.21.2 Uses by Right.

In any C-1 district, land, building, or premises shall be Used by Right only for one (1) or

more of the following:

A. General merchandise stores including department store, “5 and 10” variety stores,

general merchandise discount stores, drug stores, convenience stores, sporting

goods and “big box” retailers; and associated warehouse and distribution facilities.

B. Apparel and accessories stores including shoe stores, furriers, and custom tailors.

C. Furniture, home furnishing and equipment including household appliance stores,

hardware, paint and glass stores; computer stores, radio, television and electronics

stores including services.

D. Food stores including supermarkets, bakeries and confectionery shops where the

production of baked goods is to be sold only as retail on the premises; dairy products;

and meats.

E. Eating establishments including restaurants, lunch counters, delicatessens,

tearooms, cafe, taverns, confectionery or similar establishments serving food or

beverages which are consumed inside the establishment; or within an outdoor

seating area; subject to the specific use regulations of Article 52 of this Chapter.

F. Gift shops, including cameras, books, stationery, antiques, musical supplies,

cosmetics, candy, cigarettes and tobacco, flowers, hobby, jewelry, leather and

luggage shops.

G. Offices for the conduct of medical and other professions, real estate and insurance

and banks, including branch banks, banks, messenger or telegraph services, general

and administrative offices, and medical arts offices and buildings.

H. Business machine shops, sales and services.

I. Personal service shops, including dry cleaning, Barber, Cosmetologist, Nail

Technician, Massage Therapist and/or Technician, Shoe repair, Laundromat, and

tailor.

J. Government offices serving the public, including a Post Office, or other public or

semi-public offices.

K. Indoor recreational facilities, including theaters and bowling alleys.

L. Artists and photographers studios.

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C-1 General Commercial DistrictCode of the City of Seaford Chapter 15 – Zoning, Land Use and Development

M. Car Wash Establishments, subject to the specific use regulations of Article 52 of this

Chapter.

N. Fuel Filling Station subject to the specific use regulations of Article 52 of this

Chapter.

O. Motor Vehicle Repair Garage subject to the specific use regulations of Article 52 of

this Chapter.

P. Motor Vehicle Sales Facility with factory authorized new motor vehicle sales, agencies

and services, including repair garages adjacent to and in conjunction therewith.

Q. Public garage, subject to the specific use regulations of Article 52 of this Chapter.

R. Mortuaries.

S. Laboratories for research and development.

T. Libraries and museums.

U. Motel-hotels and related facilities such as restaurants, meeting rooms, and

auditorium spaces and swimming pools.

V. Newspaper publishing and job printing.

W. General service or contractors’ shops, including carpenter, cabinet making, furniture

repair, light metal working, garment manufacturing, tinsmith, plumbing or similar

shop.

X. Business place of a builder, carpenter, caterer, cleaner, contractor, decorator, dyer,

electrician, furrier, mason, painter, plumber, roofer, upholsterer, and similar non-

nuisance businesses, excluding open storage of materials and excluding open

storage of motor vehicles.

Y. Municipal utilities, towers, water storage tanks, water reservoirs, water pumping

stations, water treatment plants, sub-stations, electric facilities, sewage lift stations,

distribution, and transmission lines, subject to the specific use regulations of Article

52 of this Chapter.

Z. Apartments above commercial businesses.

AA. Therapeutic treatment centers for adolescents and related facilities.

BB. Instructional, business or trade schools, higher education facilities and early

childhood development and education facilities.

CC. Seasonal Stand, subject to the specific use regulations of Article 52 of this Chapter.

§15.21.3 Uses by Special Exception.

The following uses shall be permitted as a Special Exception when authorized by the

Board of Adjustment subject to Chapter 3:

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C-1 General Commercial DistrictCode of the City of Seaford Chapter 15 – Zoning, Land Use and Development

A. Child-care centers, kindergartens, pre-schools, day nursery schools, and orphanages,

subject to the specific use regulations of Article 52 of this Chapter.

B. Nursing or Convalescent Home, Sanatorium, Assisted Living Facility, subject to the

specific use regulations of Article 52 of this Chapter.

C. Self-storage facility, subject to the specific use regulations of Article 52 of this

Chapter.

D. Storage containers, subject to the specific use regulations of Article 52 of this

Chapter.

E. Non-municipal utilities, which are located above ground and not within a public Right-

of-Way, including but not limited to telephone center offices, sub-stations, electric

and gas facilities, cable television facilities, cellular/mobile telephone facilities,

towers and windmills, subject to the specific use regulations of Article 52 of this

Chapter.

§15.21.4 Accessory Uses.

Only the following Accessory Uses shall be permitted in a C-1 district and only when

incidental to the Uses by Right listed in §15.21.2 and/or Uses by Special Exception listed

in §15.21.3:

A. Accessory buildings and uses on the same lot with and customarily incidental to the

permitted uses in the C-1 district.

B. Accessory Solar Systems.

§15.21.5 Prohibited Uses

Any use which is not an authorized use by right, shall be prohibited in a C-1 district,

including but not limited to the following:

A. Marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana

testing facilities, and retail adult use marijuana stores. (Medical marijuana facilities

shall be permitted)

§15.21.6 Area and bulk regulations.

A. The following area and bulk requirements shall be observed:

General requirements in C -1 Zones:

Lot area Four thousand (4,000) square feet minimum

Lot width Thirty (30) feet minimum

Lot coverage One hundred percent (100 %) maximum

Building height Forty-five (45) feet or three (3) stories maximum

Principal Use Structure Setbacks:

Front yard Zero (0) feet

Side yard Zero (0) feet

Rear yard Zero (0) feet

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C-1 General Commercial DistrictCode of the City of Seaford Chapter 15 – Zoning, Land Use and Development

Accessory Use Structure Setbacks:

Front yard No closer to the front property line than the front yard setback of

the principal structure or in alignment with the front facing wall

of the principal structure, whichever results in the greater

setback.

Side yard Five (5) feet minimum

Rear yard Five (5) feet minimum

§15.21.7 Overlay District regulations.

The following Articles shall be referred to when a parcel of land is located within an

Overlay District:

• ARTICLE 40 – FLOOD HAZARD OVERLAY DISTRICT.

• ARTICLE 41 – SOURCE WATER PROTECTION OVERLAY DISTRICT.

§15.21.8 Use regulations and required improvements.

ARTICLE 22 - C-2 HIGHWAY COMMERCIAL DISTRICT

[Amended on 05/13/2025 by Ordinance #2025-03]

§15.22.1 Intent of Article.

It is the purpose of this Article to make appropriate provision for commercial activities

which are basically oriented to automotive use and traffic. This includes service type

businesses which ordinarily require major arterial locations and serve regional as well as

local customers.

§15.22.2 Uses by Right.

In any C-2 district, land, buildings or premises shall be Used by Right for one (1) or more

of the following:

A. Any Use by Right permitted in the C-1 General Commercial District, per §15.21.2.

B. Self-storage facilities, subject to the specific use regulations of Article 52 of this

Chapter.

§15.22.3 Uses by Special Exception.

The following uses shall be permitted as a Special Exception when authorized by the

Board of Adjustment subject to Chapter 3.

A. Child-care centers, kindergartens, pre-schools, day nursery schools, and orphanages,

subject to the specific use regulations of Article 52 of this Chapter.

B. Nursing or Convalescent Home, Sanatorium, Assisted Living Facility, subject to the

specific use regulations of Article 52 of this Chapter.

C. Self-storage facility, subject to the specific use regulations of Article 52 of this

Chapter.

D. Storage containers, subject to the specific use regulations of Article 52 of this

Chapter.

E. Kennels, when used as an accessory to a Pet Store or Veterinarian’s office, subject to

the specific use regulations of Article 52 of this Chapter.

F. Non-municipal utilities, which are located above ground and not within a public Right-

of-Way, including but not limited to telephone center offices, sub-stations, electric

and gas facilities, cable television facilities, cellular/mobile telephone facilities,

towers and windmills, subject to the specific use regulations of Article 52 of this

Chapter.

G. Large Scale Solar Facilities, subject to the specific use regulations of Article 52 of this

Chapter.

H. Adult use retail Marijuana Store, pursuant to a valid license duly issued by the State

of Delaware, pursuant to Title IV, Delaware Code, Chapter 13, and removal of

marijuana and its related derivatives from the schedule 1 designation at the Federal

level by necessary act of the Federal Government. Subject to the specific use

regulations of Article 52 of this Chapter.

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C-2 Highway Commercial DistrictCode of the City of Seaford Chapter 15 – Zoning, Land Use and Development

§15.22.4 Accessory Uses.

Only the following Accessory Uses shall be permitted in a C-2 district and only when

incidental to the Uses by Right listed in §15.22.2 and/or Uses by Special Exception listed

in §15.22.3:

A. Accessory buildings and uses on the same lot with and customarily incidental to the

permitted uses in the C-2 district.

§15.22.5 RESERVED

§15.22.6 Area and bulk regulations.

A. The following area and bulk requirements shall be observed:

General requirements in C -2 Zones:

Lot area Fifteen thousand (15,000) square feet minimum

Lot width One hundred (100) feet minimum

Lot depth One hundred fifty (150) feet minimum

Lot coverage Fifty percent (50%) maximum

Building height Thirty-five (35) feet or three (3) stories maximum

Principal Use Structure Setbacks:

Front yard Fifty (50) feet minimum

Side yard Twenty (20) feet minimum

Rear yard Twenty-five (25) feet minimum

Accessory Use Structure Setbacks:

Front yard No closer to the front property line than the front yard setback of

the principal structure or in alignment with the front facing wall

of the principal structure, whichever results in the greater

setback.

Side yard Five (5) feet minimum

Rear yard Five (5) feet minimum

§15.22.7 Overlay District regulations.

The following Articles shall be referred to when a parcel of land is located within an

Overlay District:

• ARTICLE 40 – FLOOD HAZARD OVERLAY DISTRICT.

• ARTICLE 41 – SOURCE WATER PROTECTION OVERLAY DISTRICT.

§15.22.8 Use regulations and required improvements.

The following Articles shall be referred to for specific Use regulations and required

improvements within this District when said Use is permitted within a C-2 Zoning District:

• ARTICLE 50 – PERFORMANCE REQUIREMENTS – COMMERCIAL AND/OR INDUSTRIAL USES IN ANY DISTRICT.

• ARTICLE 51 – NON-CONFORMING USE REGULATIONS.

• ARTICLE 52 – SPECIFIC USE REGULATIONS.

• ARTICLE 53 – LAND DEVELOPMENT AND SUBDIVISIONS.

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C-2 Highway Commercial DistrictCode of the City of Seaford Chapter 15 – Zoning, Land Use and Development

• ARTICLE 54 – SIGN REGULATIONS.

• ARTICLE 55 – STREETS, SIDEWALKS, CURBS AND GUTTERS.

• ARTICLE 56 – STORMWATER MANAGEMENT AND SEDIMENT CONTROL.

• ARTICLE 57 – UTILITIES.

• ARTICLE 58 – OFF-STREET PARKING AND LOADING.

§15.22.9 through §15.22.99 RESERVED