Dewey Beach Enterprises, Inc., Petitioner Below, Appellant v. Board of Adjustment of the Town of Dewey Beach…

Summary

The Court held that the minimum lot-area requirements for multifamily dwellings and residential multiunit structures do not apply to a structure containing both commercial and residential uses. Reading the zoning code as a whole, the Court concluded that mixed-use structures are separately regulated and are subject to residential lot-size restrictions only when the code expressly provides for them. The Court therefore reversed the Superior Court's judgment and remanded for further action. No separate opinions were issued.