Town of Millville, DE Article V Application of District Regulations

§ 155-8 Applicability of zoning regulations.

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

A. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

B. No building or other structure shall hereafter be erected or altered:

(1) To exceed the height or bulk;

(2) To accommodate or house a greater number of families;

(3) To occupy a greater percentage of lot area;

(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.

C. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

D. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

E. All territory which may hereafter be annexed to the Town shall be considered to be classified at the zoning most similar to the county zoning classification it had prior to annexation. If no such classification exists, then the annexed territory shall be considered to be a nonconforming use until otherwise classified.

F. For the purpose of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists of other regulations of this chapter, uses not specifically listed are prohibited. Without limiting or affecting the foregoing, and for purpose of clarity, all of the following uses are prohibited in all districts:

[Amended 8-11-2015 by Ord. No. 16-01]

(1) Adult entertainment establishment;

(2) Massage establishment;

(3) Tap room;

[Amended 7-25-2023 by Ord. No. 24-01]

(4) Marijuana establishment as defined in 4 Del. C. § 1302.

[Added 7-25-2023 by Ord. No. 24-01]

G. The provisions of this chapter shall not apply to lands owned by the Town of Millville.