Ocean View Zoning Overview

Ocean View is an incorporated town in Sussex County, Delaware, with a population of approximately 2,600. Located near the Delaware beaches, Ocean View has experienced significant growth and is governed by its own zoning and land use regulations under Chapter 140 — Land Use and Development of the Town Code. The town's planning and development functions are administered by Ocean View Planning & Development.

• Planning & Development: oceanviewde.gov/PlanningandDevelopment
• Phone: (302) 539-9797
• Address: 201 Central Avenue, 2nd Floor, Ocean View, DE 19970
• Zoning Map: Ocean View Zoning Map (PDF)
• Municipal Code (Chapter 140): eCode360

Zoning Districts

Ocean View's zoning code divides the town into residential, business, and special-purpose districts. Residential districts are R-1 (Single-Family Residential, minimum 14,000 sq ft lot), R-2 (Single-Family/Attached, minimum 10,000 sq ft), R-3 (Townhouse and Multifamily), and RMH (Residential Mobile Home). Commercial areas are designated GB-1 (General Business District 1, Route 26 Corridor) and GB-2 (General Business District 2). Special districts include PC (Planned Community), HP (Historic Preservation), and OS (Open Space).

Note on setbacks: Setback standards are in § 140-28 of the Town Code at ecode360.com/15703835. Key provisions include: decks may project up to 10 ft into a required rear yard (maximum 24 inches above grade), and patios must be no closer than 10 ft to any side or rear lot line. Contact Planning & Development at (302) 539-9797 to confirm current setback requirements for your district.

ADU Rules

No dedicated standalone accessory dwelling unit (ADU) ordinance has been found for Ocean View. Delaware SB 23 (effective April 1, 2024) limits the ability of local governments to prohibit ADUs outright, which may affect Ocean View's regulations. Contact Ocean View Planning & Development at (302) 539-9797 for the most current ADU guidance before planning any project.

Development Process

Development in Ocean View generally requires:

1. Zoning Verification — Confirm your proposed use is permitted in the applicable zoning district using the zoning map or by contacting Planning & Development at (302) 539-9797
2. Site Plan Review — Required for commercial, multi-family, and larger development projects
3. Building Permit — Submit construction documents to Ocean View Planning & Development
4. Inspections — Schedule required inspections during construction
5. Certificate of Occupancy — Obtain final approval before occupying the structure

Variances and special use requests are reviewed by the Ocean View Board of Adjustment.

Key Considerations

• Ocean View is in Sussex County near the Delaware beaches — verify flood zone status at FEMA's flood map service before planning construction
• The Route 26 Corridor is designated GB-1 — commercial development in this area should reference the GB-1 standards in Chapter 140
• Historic Preservation (HP) overlay applies in certain areas — additional review may be required
• HOA covenants are common in Ocean View's planned communities and may impose additional restrictions
• Delaware SB 23 (2024) may affect ADU eligibility — contact the planning office for current guidance

Disclaimer: This guide provides general information about zoning in Ocean View, Delaware and should not be relied upon as legal advice. Zoning codes are subject to change. Always verify current regulations directly with Ocean View Planning & Development or the municipal code before making development decisions.