Kent County, DE
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.

§ 205-12 Scope of regulations.

The provisions of this chapter apply to every parcel of land in the County; are minimum requirements; and are in addition to, and not instead of, other legal requirements.

§ 205-13 Intent.

The intent of this chapter is:
A. 
To provide for the public health, security and general welfare.
B. 
To guide and direct the arrangement and location of uses in accordance with the Comprehensive Plan for the County.
C. 
To relate density of uses to the proper locations.
D. 
To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
E. 
To conserve the value of buildings and other structures.
F. 
To divide the County into zoning districts of such character, number, shape and area as are best suited to effect these purposes.
G. 
To conserve natural resources.

§ 205-14 Principal uses and structures.

[Amended 8-12-2003 by Ord. No. 03-18]
Except as otherwise provided, there may not be more than one principal use or principal structure on a lot, except for lots with split zoning in which case there shall not be more than one principal use or principal structure per zoning classification on a lot. Any use other than agricultural or residential shall require site plan review for that portion of the lot subject to such use.

§ 205-15 Application of regulations; prohibition of use not addressed.

A. 
A structure or parcel of land in the County may not be used, designed, constructed or altered in any manner inconsistent with this chapter.
B. 
Any use which is not specifically listed as a permitted or conditional use in any zoning district shall be identified within the Standard Industrial Classification Manual and placed within the proper zoning category. The proper zoning district shall be found by identifying the major use division in which the use is located and by placing the use in the district in which uses in the specific major use division are listed as permitted in that district.

§ 205-16 Variation from approved plans prohibited.

If a building permit is issued on the basis of plans and applications that have been considered and approved by the planning office, the Regional Planning Commission, the County Board of Adjustment or the Levy Court, the permit authorizes only the use, arrangement and construction set forth in the plans and applications and any variation from the plans or applications violates this chapter.

§ 205-17 Zoning certificate of use.

A. 
Except for a single-family residence, no premises or structure, including a nonconforming use, may be used or altered until a zoning certificate of use is issued by the Department of Planning Services, Division of Planning.
B. 
A zoning certificate of use authorizes the occupancy and use of the structure or premises to which it applies and continues in effect as long as the use is in complete conformity with the provisions of this chapter.
C. 
A zoning certificate of use authorizes the occupancy and use of the structure or premises to which it applies and continues in effect as long as the use is in complete conformity with the provisions of this chapter.
D. 
A zoning certificate of use is required for each use. As long as a use does not change, a zoning Certificate of Use continues in effect when the ownership of the property changes.
E. 
A fee as set from time to time by ordinance of the Levy Court shall be paid to the County for each zoning certificate of use.

§ 205-18 Lot area requirements.

In this section, "properly recorded lot" means a lot of record, recorded with all appropriate documentation within the office of the Kent County Recorder of Deeds and created in compliance with the zoning and subdivision regulations in effect when the lot was created.

§ 205-19 Temporary activities.

[Amended 12-17-1991; 10-14-1997 by Ord. No. 97-15]
A. 
A temporary activity, such as a fair, circus, carnival, bazaar or similar activities (fundraiser, etc.), that does not have any permanent improvements shall be permitted in all zoning districts as a permitted use, provided that the activity does not occur more than seven consecutive days or a maximum of 14 days in a calendar year. Parking for the above-referenced activities will be exempt from off-site requirements contained in this chapter.
B. 
Yard sale (i.e., garage sale). A permitted temporary sales activity principally involving household items and/or consumer goods, conducted by the owner (or residential tenant) of real property upon said property which is residentially zoned. A yard sale is typically limited to a one-day event but not longer than two consecutive days. Provided, however, that such temporary sales activity shall, under no circumstances, last more than eight total days during any particular calendar year upon any real property.
C. 
Uses prohibited from this provision are commercial sales for vehicles, boats, appliances, furniture and related activities.
D. 
A temporary certificate of occupancy permit shall be required should a temporary structure such as a tent, ticket booth, concession stand, etc., be placed on the property in which the owner must comply with the following: the owner shall submit a plan to the Division of Inspections and Enforcement delineating all existing structures and any other pertinent information deemed appropriate for this permit. Example: Fire Marshal's approval will be required should a tent be placed on the site. The fee for this use shall be as set from time to time by ordinance of the Levy Court.
E. 
A temporary certificate of occupancy permit for off-site parking shall comply with the following: the owner shall submit a plan to the Division of Inspections and Enforcement delineating the proposed parking area, number of parking spaces and any other pertinent information deemed appropriate for the permit. Example: size of area to be utilized, number of days, date, etc. The fee for this use shall be as set from time to time by ordinance of the Levy Court[1] (DELDOT permission if applicable).
[1]:
Editor's Note: The fee schedule is on file in the County offices.
F. 
Upon issuance of the temporary certificate of occupancy permit the Building Official shall enforce any and all provisions attached to the permit. The department shall close out the permit 10 days after the expiration of the permit issued.
G. 
Should the land owner request an appeal regarding the Building Official's determination regarding these provisions, the appeal would be processed through the Kent County Board of Adjustment for a final decision.

§ 205-20 Principal uses; multiple use.

Each independent use is a principal use. However, in a structure that is specifically designated a multiple use principal structure, independent uses do not constitute principal uses.

§ 205-21 Street frontage.

A. 
Except as provided in a specific zoning district, a structure may not be used in whole or in part for residential purposes unless the lot on which it is located:
(1) 
Abuts for at least 18 feet on a public street; or
(2) 
Has an unobstructed easement for ingress and egress to a public street and the easement is at least 18 feet wide.
B. 
No more than one structure used in whole or in part for residential purposes shall be permitted for each frontage or easement, except that a common easement of access measuring at least 40 feet wide may be provided for two or more structures.

§ 205-22 General setback requirements.

A. 
Notwithstanding any provision to the contrary, each structure that is located on a dual, multilane or divided highway shall be set back at least 60 feet from the existing right-of-way line. An accessory use may not be permitted in this setback.
B. 
Merchandise may not be located within the required setback in any zoning district, except the IG General Industrial District.

§ 205-23 Yards, buildings, projections and setbacks.

[Amended 11-11-1992]
Except as specified in Article XVII, Parking, and Article XXVII, Landscaping, of this chapter, setbacks along zoning district boundary lines shall be required to equal the standards of the more restrictive district.
A. 
On a corner lot, the front street shall be the street with the shorter street frontage.
B. 
Any setback or other open space allocated to a structure shall be located on the same lot as the structure.
C. 
Specific open space and height requirements; exceptions.
(1) 
Except as provided in this subsection, required setback and open space shall be unobstructed and open to the sky.
(2) 
Architectural features such as windows, sills, chimneys, cornices, eaves or bay windows may project no more than three feet into a required yard area and no closer than five feet from any lot line. The sum of the bay window projections on a wall may not exceed 1/4 of the length of the wall.
(3) 
Height limits.
(a) 
Except within an Airport Approach Zone, the height limitations specified in this chapter do not apply to:
[1] 
Flagpoles.
[2] 
Church spires.
[3] 
Belfries.
[4] 
Cupolas.
[5] 
Domes not used for human occupancy.
[6] 
Chimneys, ventilators, sky lights, water tanks, windmills, solar collectors or similar roof features.
[7] 
Lightening rods.
(b) 
The features enumerated in Subsection C(3)(a) of this section shall be created only to a height necessary to accomplish the purpose intended and in no event more than 15 feet above the lowest point of contact with the roof.
(c) 
Roof features such as water tanks, cooling towers, air-conditioning units, elevator shafts and bulkheads shall be enclosed within the walls of the structure and designed in harmony with the main walls of the structure on which they are located.
(4) 
A public governmental building, place of worship or hospital may be erected to a greater height than otherwise permitted, provided that the front, side and rear setbacks are increased not less than one foot for each foot by which the structure exceeds the height limitation established for the district in which the structure is located.
(5) 
Unless otherwise provided in Subsection C(3) of this section, a parapet wall may extend not more than five feet above the height limit for the district in which it is located.
(6) 
An open unenclosed porch, patio, or deck may project into required side and rear setback areas, provided that all such structures shall observe a minimum setback of 10 feet from all side and rear property lines, or may extend into the required front yard setback no more than 40% of the required front yard setback, and no closer than 15 feet to the right-of-way line. Furthermore, if a nonconforming front yard setback exists, created by the lawful construction of the principal structure, the 40% shall be determined based on the legal nonconforming front yard setback. This section does not extend to properties where variances were granted for relief of the front yard setback. All unenclosed porches, patios, and decks that project into the required setback shall be constructed at grade or at the first-floor level of the building. In no case shall such a structure be constructed with a floor level of more than four feet above grade. Any enclosed porch, patio, or deck, or porch having a roof and capable of being enclosed, shall be considered a part of the structure in the determination of the size of the setback or the amount of lot coverage. Any porch, patio, or deck both enclosed and unenclosed shall not occupy more than 30% of the minimum required side or rear yard setback area.
[Amended 12-9-2003 by Ord. No. 03-29; 1-25-2011 by Ord. No. 11-03]
(7) 
The setback requirements of this chapter do not prohibit an otherwise lawful fence or wall, if the fence or wall does not impair visibility at any access to a public road and does not conflict with the provisions of Subsection C(9) of this section.
(8) 
A structure, fence, wall, hedge or planting more than two feet high as measured above the street surface at the nearest edge of the pavement may not be erected, placed or maintained on a corner lot within a triangular area formed by the intersecting street lines. The sides of the triangular area shall measure 25 feet from the point where the street lines will intersect if extended to the apex. The provisions of this subsection do not apply to trees more than six feet apart or to existing trees, provided that all branches are located at least six feet above the ground.
(9) 
Notwithstanding any provision to the contrary, if the average front yard setback of structures located on either side of a lot differs from the minimum setback required by this chapter, the setback shall approximate the average setback of the adjoining structures, or, if only one of the abutting lots is improved, the setback shall be the average of the minimum required setback in the district and the setback of the adjoining structure.
(10) 
A private recreational facility such as a tennis court, basketball court, aboveground swimming pool, or at-grade swimming pool that is permitted as an accessory use on a residential lot for a single-family or two-family use shall be located so that the edge of the facility, including any deck or patio is at least 10 feet from each lot line.
[Amended 1-25-2011 by Ord. No. 11-03]
(11) 
Each community recreational facility such as a tennis court, basketball court or at-grade swimming pool shall be located at least 30 feet from each lot line, structure or dwelling unit, 25 feet from any right-of-way, and shall be screened in accordance with the provisions of this chapter.
[Amended 1-25-2011 by Ord. No. 11-03]
(12) 
A noncommercial antenna structure or satellite dish may be authorized as an accessory structure in any residential district, provided that:
[Amended 1-25-2011 by Ord. No. 11-03]
(a) 
The height of the structure does not exceed the lesser of:
[1] 
The width or depth of the property as determined by a line bisecting the structure and measured from one side of the property line to the other or from the front property line to the rear at the shortest distance there-between; or
[2] 
One hundred feet.
(b) 
The setback for the central vertical portion of the antenna structure is at least 10 feet from each property line for a structure up to 35 feet high, and 10 feet plus one additional foot for each three feet in excess of 35 feet for a structure over 35 feet high;
(c) 
Each rigid radiating element of an antenna structure is set back at least 10 feet from any property line; and
(d) 
The construction is of a type required by the Division of Inspections and Enforcement to form a safe and durable structure.
(13) 
Handicapped ramps open, unenclosed and not covered by a roof or canopy may extend into the required side and rear yard setbacks, but no closer than five feet to the property line; or may extend into the required front yard setback no more than 40% of the required front yard setback, and no closer than 15 feet to the right-of-way line. Furthermore, if a nonconforming front yard setback exists, created by the lawful construction of the principal structure, the 40% shall be determined based on the legal nonconforming front yard setback. This section does not extend to properties where variances were granted for relief of the front yard setback.
[Amended 3-12-2002 by Ord. No. 02-06; 1-25-2011 by Ord. No. 11-03]
(a) 
Kent County Planning Services will conduct an administrative review for all applicants requesting handicapped ramp permits (under this provision).
D. 
Topography shall be supplied if available on request by the Department at reproduction cost.

§ 205-24 Accessory structures and uses.

A. 
Accessory structures or accessory uses shall be limited and located on the same lot with the principal structure or use to which they are necessary.
[Amended 1-25-2011 by Ord. No. 11-03]
B. 
Any accessory structure attached to a principal structure, including attachment by means of a breezeway or roof passage, shall comply with the requirements of this chapter concerning principal structures. All other accessory structures shall conform to the requirements for accessory structures in the District in which they are located.
C. 
In an AC, AR, RMH, RM, RS5, or RSI Residential District, an accessory structure on the same lot with a residential use may not be used for residential purposes except properly approved ECHO housing or a properly approved accessory dwelling unit.
[Amended 6-23-2009 by Ord. No. 09-11; 1-25-2011 by Ord. No. 11-03]
D. 
An accessory structure may not dominate in area, extent or purpose the principal use or structure. The area of the principal structure shall be calculated using the definition of floor area in this chapter with the inclusion of attached garages.
[Amended 1-25-2011 by Ord. No. 11-03]
E. 
Except for patio homes, an ornamental fence or wall not more than four feet in height may project into or enclose any required front or side setback to a depth from the street line equal to the required depth of the front setback. Ornamental fences or walls may project into or enclose other required setbacks, provided that such fences and walls do not exceed a height of seven feet.
[Amended 11-11-1992]
F. 
Setbacks for residential accessory structures.
[Added 11-24-1998 by Ord. No. 98-19; amended 1-25-2011 by Ord. No. 11-03]
(1) 
Except as otherwise provided by this chapter, an accessory structure shall not be located in the front yard or front setback of any parcel (as defined by this chapter) unless the accessory structure is located at least 100 feet from the front property line and/or side street line.
(2) 
An accessory structure may be located no closer than five feet from the side or rear property line of any conforming or legal nonconforming parcel.
(3) 
The regulations set forth in Subsection F(1) and (2) above shall not apply to accessory dwellings, manufactured home parks, school bus shelters, telephone booths or structures housing water well pumps which are used exclusively for farming operations.
G. 
Temporary fencing used primarily for construction projects and soil erosion protection shall not be used for permanent residential or commercial fencing. This type fencing includes, but is not limited to, such fencing as the bright fluorescent orange fencing and the solid black fencing.
[Added 3-14-2000 by Ord. No. 00-06]

§ 205-25 Conversion of commercial use.

Conversions are permitted in commercial districts only if the proposed use is a permitted use in the district in which it is located and meets all requirements for the particular district. If a building permit is required, a zoning certificate of use is also required.

§ 205-26 Outside storage.

Where specifically permitted in any zoning district, outside storage shall be subject to the following requirements:
A. 
All items shall be stored and maintained in a neat and orderly manner and as compactly as practicable.
B. 
Storage shall be screened from view of adjacent properties and public rights-of-way in accordance with Articles XVII through XXVI of this chapter, and the height of the screening shall exceed the height of all stored items.
C. 
Items may not be stored in the required front setback of a property, in a parking or loading area or within 10 feet of a lot line.
D. 
Unless outside storage is specifically permitted in the zoning district in which a property is located, all storage, keeping, maintenance or accumulation of equipment, products, materials, containers or other goods shall only be within a roofed structure entirely enclosed on all sides.
E. 
Safety fences greater than four feet in height, but no more than seven feet in height, shall be permitted in a required front or side setback, provided that the safety fence will be constructed of materials or in a manner which will not obstruct vision either from the primary structure or from any roadway, entrance or driveway.
[Amended 11-11-1992]

§ 205-27 Refuse collection areas.

Each refuse collection area shall be screened in accordance with the provisions of this chapter and shall be subject to the following additional requirements:
A. 
Refuse and containers may not be visible from outside of the screening when viewed from ground level at the property line.
B. 
The height of the screening may not be less than that of the refuse or containers.
C. 
Whenever possible, refuse collection areas and storage and loading docks shall be located away from residential or residentially-zoned areas.
D. 
Refuse collection areas shall not be located in or adjacent to drainageways or storm drains.

§ 205-28 Lighting.

The type, height, location and shading of exterior lighting shall be designed not to shine or reflect light into adjacent buildings or onto adjacent property. Flashing, revolving or intermittent lights may not be used, except as needed for safety.

§ 205-29 Piers.

A. 
Private piers, wharves, moorings, pilings and buoy installations shall comply with all applicable regulations of the Delaware Department of Natural Resources and Environmental Control and the Army Corps of Engineers.
B. 
The location of a pier, piling or buoy installation shall be designated by the Department of Planning Services, Division of Planning, provided that the choice of location is limited only to the option specified in Subsection C of this section that will cause the least interference to neighboring uses.
C. 
A pier, piling or buoy installation shall be located at least 15 feet from a line extended:
(1) 
From the side property line at a ninety-degree angle to the main course of the body of water;
(2) 
From the extension of the last course of the property line into the water;
(3) 
From the side property lines to the center of the cove; or
(4) 
From the side property lines generally parallel with existing piers located on adjacent properties.

§ 205-30 Retaining structures; landfills.

A. 
All retaining structures and landfills for the purpose of maintaining the natural shoreline or for the prevention of shore erosion shall be subject to the following provisions:
(1) 
The location and design of the structures shall be determined by the Department of Natural Resources.
(2) 
The composition of fill materials shall be acceptable to the Kent County Soil Conservation District and the Department of Natural Resources.
(3) 
The structures and fill material may not extend beyond the extreme limit of those of adjoining properties, and shall tie into the structures of adjoining properties.
(4) 
Natural drainage areas may not be obstructed, and the design of each retaining structure and fill shall provide for the passage of water in the manner approved by the Department of Public Works and the Kent Conservation District.
B. 
All retaining structures and landfills for the purpose of land beyond the natural shoreline shall be subject to special use approval, in addition to the following provisions:
(1) 
The structures and fill shall be subject to the provisions of Subsection A(1), (2) and (4) of this section.
(2) 
The structures and fill and their use shall be subject to all applicable requirements and regulations of the Department of Natural Resources and the Army Corps of Engineers.
(3) 
The structures and fill shall be permitted only if evidence submitted demonstrates that there is no other practical method to permit the anticipated use except through the creation of land.

§ 205-31 Public utility essential services.

[Amended 12-20-1994 by Ord. No. 94-23]
This chapter does not apply to any Delaware Public Service Commission regulated public utility essential services, provided that the plans for overhead transmission, cross-County telephone trunk lines, microwave transmission and transmission pipeline proposed to be erected or installed shall be submitted to the Department of Planning Services, Division of Planning, in adequate time, in relation to the magnitude of the project, for review and recommendations.

§ 205-32 Public services.

[Amended 10-14-1997 by Ord. No. 97-21]
Structures for public services, such as post offices, police stations, fire stations and government owned and operated schools are permitted in residential, commercial and industrial districts if the location is essential to service the area in which it is located.

§ 205-33 (Reserved) [1]

[1]:
Editor's Note: Former Article 3, Section 22, Detention and correctional facilities, was repealed 10-13-1999 by Ord. No. 98-18.

§ 205-34 Permanent attachment of structure.

Except for a principal use in a manufactured home park, where a principal or accessory use occupies a building or is sheltered by a structure, the building or structure shall be permanently attached to the ground or to something having permanent foundation in the ground.

§ 205-35 Barbed wire or electrified fences.

A. 
Except as provided in Subsection B of this section, barbed wire or electrified fences are permitted only in AC, AR, and
RS1
Districts and only when used in connection with a farm operation.
B. 
Up to six strands of barbed wire along the top of a chain link or other nonbarbed wire fence at least six feet in height are permitted:
(1) 
In a nonresidential zone if the fence is used to secure a warehouse or other storage area or life-endangering use that necessitates security from access; or
(2) 
To secure a public utility, public service, state or federal prison, construction site, community or commercial swimming pool, stormwater management, sediment or erosion control pond or other life-endangering use of a site from access.[1]
[1]:
Editor's Note: Former Section 25, Agricultural land conveyances, which immediately followed this subsection, was deleted 2-27-1996 by Ord. No. 96-06.

§ 205-36 Junkyards; solid waste disposal facilities; unregistered vehicles.

A. 
This section does not apply to:
(1) 
Sanitary landfills in full compliance with all state and County laws.
(2) 
Automotive dismantling and recycling facilities in compliance with this chapter.
(3) 
Storage of motor vehicles as accessory to lawfully operated automobile service and sales facilities.
(4) 
Storage or maintenance of unregistered vehicles or other junk within a roofed structure entirely enclosed on all sides.
B. 
Land may not be used partially or principally as a junkyard or a solid waste disposal facility.
C. 
Land may not be used for the parking, storage, collection, accumulation or abandonment of:
(1) 
Any inoperable, wrecked, partially dismantled or destroyed motor vehicles;
(2) 
Any motor vehicle that is subject to the registration requirements of the Delaware Vehicle Law that does not display current registration plates and a validation tag issued for the current year by the Division of Motor Vehicles; or
(3) 
Any motor vehicle that poses a threat to the health, safety and general welfare of the occupants or other persons.
D. 
No more than two motor vehicles on any one lot may be exempted from this provision if the property owner can demonstrate that the vehicle is:
(1) 
Recently purchased, pending inspection, for a period not to exceed 60 consecutive days;
(2) 
Being advertised for sale, for a period not to exceed 60 days;
(3) 
Actively being repaired to a permitted condition and that it will be registered within a ninety-day period or within an extension of that period granted by the Department after application, in writing, showing good cause; or
(4) 
Being held pending settlement of insurance, estate or similar claims.
E. 
Parked vehicles which are mentioned above may not encroach into the front and side yard setback lines.

§ 205-37 Minimum setbacks for new lots fronting U.S. Routes 13 and 113 and Delaware Route 1.

All new commercial and residential buildings constructed on any lot created after the adoption of this chapter shall be set back a minimum of 100 feet from the right-of-way of U.S. Rt. 13, U.S. Rt. 113 and Delaware Rt. 1.

§ 205-38 Fuel storage tanks.

A. 
To protect the health, safety and welfare of County residents, no aboveground fuel storage tanks, excluding fuel tanks used in conjunction with a structure's heating/cooling system, shall be located closer than 100 feet to any lot line, nor located closer than 300 feet to any dwelling not located on the premises.
B. 
Bulk storage of fuel shall be prohibited on all residential lots in all residential districts, except for a bona fide farm operation.
C. 
All fuel storage tanks, either above or below ground, must comply with all regulations established by the State Fire Marshal's Office and the Department of Natural Resources and Environmental Control. In a situation where County and state regulations conflict, the more restrictive regulations shall apply.

§ 205-39 Enclosure of livestock.

To protect the health and safety of County residents, farm animals such as horses, cattle, hogs, goats and sheep shall be confined within a completely fenced area. Fences used for the enclosure of livestock shall be constructed of wire, wood, masonry or any appropriate material. Manure management practices recommended by DNREC and the Kent Conservation District should be practiced in all livestock enclosure areas.

§ 205-40 Right of entry.

A. 
In order to effectively enforce the Ordinances of Kent County, any Code Enforcement Constables employed in good terms by the County government shall have full right of entry onto any property within the unincorporated territory of Kent County where a reported violation of any County Code is taking place. Entry of Code Enforcement Constables shall be limited to reasonable hours of the day.
B. 
If any owner, occupant or other person in charge of a property or structure subject to the provisions of this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the property, structure or premises where inspections authorized by this chapter are sought, the Code Enforcement Constables may seek in a court of competent jurisdiction an order that such owner, occupant or other person in charge cease and desist with such interference.

§ 205-41 Nuisance growth of vegetation.

It shall be unlawful and considered a public nuisance for the owner, occupant or tenant of any premises to permit any weeds, underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of 12 inches or more. This provision shall not apply to any legitimate farm operations, farm fields and woodland areas.

§ 205-42 Storage of antique automobiles.

The placement/storage of antique, collectible and/or classic automobiles on a residential lot shall be permitted if the following conditions are met:
A. 
Any antique, collectible or classic vehicle must be covered by a building or vehicle cover.
B. 
Vehicles must be contained within a nonrevealing barrier, such as, but not limited to, a stockade fence, privet hedge or evergreen trees.
C. 
The property owner must provide the Division of Inspections and Enforcement documentation from an appraiser validating the automobile(s) is, in fact, an antique, classic or collectible should a dispute arise.
D. 
This provision shall not apply in subdivisions or on individual lots of less than 1/2 acre in area unless the vehicles are stored within a garage.
E. 
On lots of one acre or more, three antique, classic or collectible automobiles may be stored outdoors if the automobiles are covered and buffered from public view and proper documentation of the value is a matter of record.
F. 
No storage shall take place in a front yard.
G. 
In no instance shall more than five antique, classic or collectible automobiles be stored at any time on any residential lot.

§ 205-43 ECHO housing.

[Added 5-13-1997 by Ord. No. 97-09]
A. 
Purpose.
(1) 
This section authorizes, through an administrative procedure, with the Director of Planning Service's approval, the installation of small removable homes, to be known as ECHO (an acronym for Elder Cottage Housing Opportunity) houses, on the same lots with single-family dwelling units within the AC, AR,
RS1
and the RMH zoning districts.
(2) 
Purpose of this section:
(a) 
To permit adult children to provide small temporary residences for their aging parents who are in need of support, while maintaining as much of the independence of the two generations as possible.
(b) 
To permit families to provide security and support for nonelderly relatives with serious health problems or physical disabilities.
(c) 
To reduce the degree to which frail elderly homeowners have to choose between increasing isolation in their own homes and institutionalization in nursing homes.
(d) 
To develop housing types in single-family neighborhoods that are appropriate for households at a variety of stages in the life cycle.
(e) 
To permit ECHO housing in a manner that protects the property values and single-family character of neighborhoods by ensuring that the units are compatible with the neighborhood and are easily removed.
B. 
Conditions for approval of ECHO units. The following conditions must be met in order for an administrative approval of an ECHO housing unit:
(1) 
Size of unit.
(a) 
Minimum area: for one occupant, 280 square feet; for two occupants, 400 square feet.
(b) 
Maximum area: 1,200 square feet.
(c) 
Maximum height: 16 feet or one story.
(2) 
Lot coverage by ECHO unit.
(a) 
Coverage of rear lot by the ECHO unit should not exceed 30%.
(b) 
Coverage of entire lot by ECHO unit and principal residence should not exceed 30%.
(3) 
Placement of ECHO unit on lot.
(a) 
ECHO unit should be placed so that yard space remains as usable as possible.
(b) 
Access must be provided to the ECHO unit without going through principal residence.
(c) 
Walls of the ECHO unit containing large windows should not be placed near lot lines or overlooking abutting property.
(4) 
Removability.
(a) 
The unit's foundation should be of easily removable materials such as timber pilings or cement block piers, so that the lot may be restored to its original use after removal, with as little expense as possible.
(b) 
No permanent fencing, walls or other structures should be installed that will hinder removal of the ECHO unit from the lot.
(5) 
Occupancy.
(a) 
The owner(s) of the principal residence and lot must live in one of the dwelling units on the lot.
(b) 
At least one occupant of the principal residence and at least one occupant of the ECHO unit must be related by blood, marriage or adoption.
(c) 
In no case shall there be more than two occupants of an ECHO unit.
(d) 
At least one occupant of the ECHO unit must be over 62, or unable to live independently because of mental or physical illness or disability.
(6) 
Parking. Adequate parking must be provided for any vehicles owned by occupants of the ECHO unit. The number of spaces required will be determined on a case-by-case basis by the Director of Planning Services, taking into account existing parking availability.
(7) 
Access. All walkways from parking areas and the principal residence to the ECHO unit should be suitable for wheelchair and stretcher access, as determined by the Director of Planning Services.
(8) 
Compatibility. The exterior of the ECHO unit shall be compatible with principal residences in terms of color, siding, roof pitch, window detailing, roofing materials and foundation or skirting appearance, as determined by the Director of Planning Services.
(9) 
Setback. ECHO units shall meet the minimum setbacks required for a principal structure within the zoning district in which it is located.
(10) 
General. Other appropriate or more stringent conditions may be added where deemed necessary by the Director of Planning Services to protect public health, safety and welfare, and the single-family character of the neighborhood.
C. 
Application procedures. The following application procedures are in addition to the normal application submission for administrative review:
(1) 
Additional requirements for application and submission. Property owner(s) who want to install an ECHO unit on the same lot with their principal residence must submit a written application which addresses the requirements for issuance of a special permit and includes the following information:
(a) 
Names of all owners of record and proposed occupants of the ECHO unit.
(b) 
Addresses of same.
(c) 
Parcel number of lot.
(d) 
Relationship of occupant(s) to owner(s) and agreement that occupant(s) will meet the eligibility standards of Subsection B(5).
(e) 
List of all motor vehicles of owner(s) and occupant(s).
(f) 
Plan of lot showing:
[1] 
Dimensions and location of all structures on the lot.
[2] 
Location of parking for motor vehicles of owner(s) and occupant(s).
[3] 
Square footage of ECHO unit and principal residence.
(g) 
Floor plan for ECHO unit (may be manufacturer's or builder's brochure).
(h) 
A sketch showing compatibility of ECHO unit design and landscaping with that of main house, as well as other features such as attachment of the two dwellings, the appearance of the foundation for the ECHO unit, the location of major ECHO unit windows in relation to abutting properties, and adaptations for access by physically handicapped or disabled persons. Where appropriate or necessary, a written description of the exterior of the ECHO unit and specific features may be submitted for the sketch.
(i) 
Where private water and/or sewage systems will be used, a description of the facilities for the ECHO unit, along with any needed approvals from the Delaware Department of Natural Resources and Environmental Control.
(j) 
Where the ECHO house is to be attached in any way to the principal residence, a plan showing how the ECHO unit can be removed without permanently defacing the exterior of the principal residence.
(k) 
A letter of "No Objection" from property owner(s) on the adjoining parcel(s) that have a dwelling within 300 feet of the ECHO unit.
[1] 
If the above referenced letter(s) are not obtained by the applicant, the application will then be processed as a conditional use application (not requiring formal site plan review), requiring approval from the Kent County Levy Court and meeting all applicable conditions of this article and section.
(2) 
Agreement to special conditions. A property owner's letter of agreement, agreeing with any conditions the Director of Planning Services imposes, may be required for ECHO housing. Such letter must be notarized and submitted to the Department of Planning Services, Division of Planning, prior to a building permit being issued. The letter shall include:
(a) 
Verification that the installation, use and occupancy of the ECHO unit meets the conditions set by the Director of Planning Services.
(b) 
Recognition that if a building permit expires, is revoked or invalidated, application for renewal or for a new permit must be made.
(c) 
Acknowledgment that when the elderly residents of the ECHO unit cease living the ECHO unit must be removed within 90 days.
(d) 
Acknowledgment that the ECHO unit must be removed prior to the sale of the property, unless the sale of the property is contingent on the approval of a conditional use to extend the use of the ECHO unit by the perspective buyer.
(e) 
Acknowledgment that if the unit is not removed within 90 days, the County may remove the unit and salvage the structure to defray any costs incurred.
D. 
Reestablishment of need.
(1) 
An applicant who receives an administrative approval for an ECHO housing unit shall file with the planning staff on an annual basis (as near to the date of the administrative approval as possible) a verification of the continuing need for the ECHO housing unit.
(2) 
Filing fee for the administrative review shall be as set from time to time by ordinance of the Levy Court.[1]
[1]:
Editor's Note: The fee schedule is on file in the County offices.

§ 205-43.1 Keeping of dangerous animals.

[Added 4-11-2000 by Ord. No. 00-12]
A. 
It shall be unlawful for any person to be in possession of any dangerous animal(s) within the unincorporated area of Kent County. The purpose of this section is to protect the health, safety and welfare of persons and property within Kent County's jurisdiction. These animals are incapable of adapting to human companionship and their possession by individuals as pets has proven to be a menace to emergency personnel, including firemen, police officers and utility workers, as well as the general public.
B. 
Exemptions.
(1) 
This provision shall not apply to a property/person legally constituted (permitted), such as a zoological park, licensed wildlife rehabilitator, licensed veterinarian, bona fide educational or medical institution, animal shelter as defined by 7 Del. C. § 1701 or any traveling circus, carnival or exhibit.
(2) 
Any person keeping, maintaining or possessing a dangerous animal that is exotic to Delaware on the effective date of this section may continue to possess said animal provided that the person does not breed or attempt to breed said animal; the person obtains a permit under 3 Del. C. § 7201 for said animal within 30 days of the effective date of this law from the Department of Agriculture; and the person does not obtain any additional dangerous animals.
C. 
Enforcement.
(1) 
Any agent of the Kent County Society for Prevention of Cruelty to Animals may impound an animal kept, maintained or possessed in apparent violation of this section. The Kent County Society for Prevention of Cruelty to Animals may dispose of this animal in accordance with 3 Del. C. Chapter 80.
(2) 
Violation of any provision of this section is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000. Each dangerous animal possessed is a violation of this section, and each day it is possessed shall constitute and be punishable as a separate offense. Any fine imposed for a violation of this section shall not be suspended to any amount less than the minimum prescribed fine.

§ 205-43.2 Bus shelters.

[Added 1-15-2002 by Ord. No. 02-02]
A. 
Purpose. This section permits the location of a bus shelter, public or parochial, within each zoning classification, where validation of need has been issued/warranted by the Delaware Department of Transportation or school system/district.
B. 
Conditions for approval.
(1) 
The shelter is permitted within the minimum required front yard.
(2) 
The shelter is erected at a size no larger than seven feet by nine feet by eight feet in height (not including safety pennant).
(3) 
The shelter is enclosed only on three sides.
(4) 
There are no more than two advertisement signs, not to exceed 32 square feet each, and they shall not face in the same direction. The advertisement must contain public service safety slogans or messages, which shall occupy not less than 50% of the area of the sign.
(5) 
It does not impair visibility at any access to a public street.
(6) 
It does not occupy more than 5% of the minimum required front yard.
(7) 
A permit must be obtained with approval from the Department of Transportation.
(8) 
Validation is required from the transportation officer for each school district, if applicable.

§ 205-43.3 Towers, broadcasting and telecommunications.

[Added 1-15-2002 by Ord. No. 02-01]
A. 
This section permits the placement of towers, broadcasting and telecommunications, in all zoning districts subject to the conditions given in § 205-360.
B. 
The initial applicant for this use must receive conditional use with site plan approval as specified in this chapter.
C. 
Any subsequent collocation is considered a permitted use in all zoning districts, subject to the conditions given in § 205-360.