A.
Definition. "Nonconforming situations" are existing structures, lots,
signs, and uses of land that were lawful before this chapter was adopted
or amended but would be prohibited, regulated, or restricted under
the provisions of this chapter.
B.
Intent. It is the intent of this chapter to permit these legal nonconforming
lots, buildings, structures and uses of land, buildings and structures
to continue until they are removed.
A.
Definition: a building or structure, whose dimensional and density
characteristics were lawful before this chapter was adopted, revised,
or amended, that does not meet the dimensional and density standards
of this chapter.
B.
Continued existence. A nonconforming building or structure may be
continued under the following conditions:
(1)
Normal repair and maintenance is permitted.
(2)
A nonconforming building or structure may not be enlarged or altered
in any way that increases its nonconformity. It may be altered in
a way that decreases its nonconformity.
(3)
Nonconforming buildings or structures may not be used as grounds
for addition of other structures or uses that do not conform to the
standards of the zoning district.
(4)
If a nonconforming building or structure is moved, it shall be located
in a manner that conforms to the requirements of the zone in its new
location.
C.
Status when damaged or destroyed (other than by neglect). If any
nonconforming building is damaged or destroyed, such building may
be repaired, rebuilt or reconstructed, provided that it is not increased
in size or square footage nor repaired, rebuilt or reconstructed in
such a manner that the nonconformity which existed prior to such damage
or destruction is increased in any way.
A.
Definition: a use or activity, that was lawful before this chapter
was adopted, revised or amended, that is not permitted under the use
regulations of this chapter.[1]
[1]
Editor's Note: See also the Table of Permitted Uses and Structures, which is included as an attachment to this chapter.
B.
Continued existence. Although nonconforming uses are incompatible
with permitted uses in their respective districts, a nonconforming
use may continue under the following conditions:
(1)
The use may not be enlarged, increased, or extended to occupy a greater
area of land or space within a building or structure than was occupied
on the date when this chapter is adopted or amended.
(2)
The use may not be relocated or partially relocated from its location
on the date when this chapter is adopted or amended, unless it is
placed in a zoning district that allows such use.
C.
Termination of legal nonconforming status.
(1)
When a nonconforming use of land ceases for any reason for a period
of six consecutive months or for 18 months during any three consecutive
calendar years, any subsequent use of such land shall conform to the
regulations specified by this chapter for the district in which such
land is located.
(2)
Any subsequent use of such land shall conform to provisions of this
chapter.
A.
Definition: a use of a building and land in combination, existing
on the effective date of adoption or amendment of this chapter, that
would not be allowed in the district under the terms of this chapter.
B.
Continued existence. The use may be continued as long as it remains
otherwise lawful, subject to the following provisions:
(1)
If the existing building should be enlarged, extended, reconstructed,
moved or structurally altered, such change shall conform to the provisions
of this chapter or any amendment thereto governing setbacks, yard
widths, height and lot coverage applicable to the district in which
the property is located.
(2)
Whenever any building, or any building and land in combination, which
is a nonconforming use is thereafter changed or altered or the use
is changed to a more restricted use or to a conforming use, such building,
or such building and land in combination, shall not thereafter be
changed to a less restricted or to a nonconforming use.
C.
Termination of legal nonconforming status.
(1)
Whenever a nonconforming use of a building, or a building and land
in combination, is discontinued or abandoned for six consecutive months
or for 18 months during any three consecutive calendar years, the
building, or building and land in combination, shall not thereafter
be used except for a use in compliance with the provisions of this
chapter applicable to the district in which the property is located.
(2)
Land on which a building devoted to a nonconforming use is destroyed
so that it cannot be repaired, as determined by the Building Inspector,
or which is removed from land on which it is located shall not thereafter
be used except for a use in compliance with the provisions of this
chapter applicable to the district in which the property is located.
[Added 1-12-2015]
A.
MANUFACTURED HOME COMMUNITY
Definition. As used in this section, the following terms shall have
the meanings indicated:
An area of land within the Lewes City limits on which two
or more occupied mobile homes or manufactured homes are harbored,
regardless of date of construction, together with any building, structure,
improvement, or enclosure used as part of such community.
B.
Notwithstanding any provision of this chapter to the contrary, an
existing mobile home or manufactured home in a manufactured home community
within the municipal boundaries of the City of Lewes on January 12,
2015, may be improved, including replacement by a newly constructed
dwelling, where the existing manufactured home community has been
registered with the City by filing a scalable site plan with the City
of Lewes Building Department showing the entire manufactured home
community, including the location of all existing mobile or manufactured
homes and other pertinent features such as easements, utilities, parking
spaces, structures, and open space, no later than July 11, 2015. The
provisions of this section shall not apply to any manufactured home
community that does not have a site plan on file with the City of
Lewes Building Department by July 11, 2015.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
The beneficial owner/occupant of a mobile home or manufactured home
in a manufactured home community registered pursuant to this section,
with the written and notarized consent of the owner of the manufactured
home community or an authorized agent, may obtain a building permit
to improve an existing mobile home or manufactured home, including
renovations, additions, or removal of the mobile home or manufactured
home and replacement with a stick-built home, modular home, or manufactured
home, subject to the following provisions:
(1)
The request for a building permit shall be accompanied by the
site plan on file with the City modified to reflect the proposed construction,
including distances from property lines and surrounding buildings
and structures.
(2)
No dwelling shall be constructed, improved, or substantially
replaced within eight feet of another dwelling.
(3)
The maximum lot coverage at any time shall be sixty-five-percent
impervious surface area. Impervious surfaces include building footprints,
sidewalks, paved parking, and other surfaces that do not allow rain
to percolate into the soil.
(4)
Maximum lot density at any time shall be one dwelling per 2,500
square feet of lot.
(5)
Maximum square feet per dwelling shall be 1,000 square feet
on the ground floor.
(6)
Minimum front yard requirement for the lot shall be 10 feet.
(7)
Minimum side yard requirement for the lot shall be four feet.
(8)
Minimum rear yard requirement for the lot shall be four feet.
(9)
Maximum height of structures shall be 25 feet, measured from
grade, limited to a maximum of 1.5 stories, with the square feet of
the second floor limited to no more than 50% of the total square feet
of the first floor.
(10)
At least one off-street parking space of nine feet by 18 feet
per dwelling unit shall be located on the site.
(11)
Only one accessory structure per dwelling unit of no more than
150 square feet shall be permitted on the site.
(12)
No grading or other improvements shall negatively impact existing
stormwater management.