Second-floor restaurants are now an option for property owners in Lewes’ general commercial district.

Mayor and city council unanimously voted at its Sept. 11 meeting to allow restaurants above ground level via a conditional use.

Previously, restaurant space above the ground level was only permitted within the city’s marine-commercial district, which runs along Anglers Road and down the beach side of Savannah Road. Irish Eyes and The Wharf have both taken advantage of the zoning.

The change comes from a request from businessman Rick Quill, who sought to build a restaurant at the corner of Savannah Road and Cape Henlopen Drive, across from the Dairy Queen. He had initially applied to rezone the property to marine-commercial, but the planning commission recommended the conditional-use route.

Despite getting what he initially asked for, Quill said he’s having second thoughts about building a restaurant on the property.

“All the neighbors I talk to think it’s a great idea to put a restaurant there, but I see problems,” he said. “If it was a restaurant, it would be significantly scaled back.”

Quill was discussing a plan with a Lewes restaurateur, but he said the potential occupant wanted a large-scale operation.

“[They] wanted up to 5,000 square feet,” he said. “I would never do that. I see it as overkill.”

He said he’s also considering developing the vacant 26,000-square-foot parcel as residential; however, he would have to seek rezoning of the property to build homes. Current zoning, general commercial, allows only for bed-and-breakfast operations and residential apartments above commercial space.

By adding a new conditional use to the zoning code, officials were careful to consider the implications the new use could have on all general commercial property. To restrict where second-floor restaurants can be built, council included additional requirements an applicant must meet, including a minimum tract size of 20,000 square feet and a 25-foot front-yard setback.

To avoid a restaurant that towers over everything, officials also stipulated conditions for when a restaurant is permitted to sit above ground level. If the building is elevated more than 5 feet from the ground – to lift it out of the flood plain, for example, – and the space underneath is used for business purposes or for parking, then the first floor will be the highest a restaurant will be permitted. If the structure is elevated less than 5 feet, a restaurant is allowed on the second floor.

There are only a limited number of general commercial lots within the city limits. There are fewer than 10 on the Lewes Beach side of the Lewes-Rehoboth Canal, several along Kings Highway beyond the railroad tracks and a few lots on Savannah Road near the tracks.

Second Street is zoned town center, while the businesses in the historic section of Savannah Road are designated as limited commercial.