This chapter shall be known as the "Land Use and Development
Code" of the Town of Ocean View, Sussex County, Delaware.
This chapter has been made in accordance with the grant of power in the Town Charter, Title 22, Chapters 3 and 7 of the Delaware Code and other governing laws.
A.
Pursuant to the Delaware Code and other governing laws, this chapter
has been made in accordance with a comprehensive plan and is designed
to accomplish the following:
(1)
Lessen congestion in the streets;
(2)
Secure safety from fire, panic and other dangers;
(3)
Promote health and the general welfare;
(4)
Provide adequate light and air;
(5)
Prevent the overcrowding of land;
(6)
Avoid undue concentration of population; and
(7)
Facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements.
B.
Pursuant to the Delaware Code and other governing laws, the regulations
contained in this chapter have been made with reasonable consideration
of the following:
A.
Partition; combination; land development. Tracts, parcels, lots,
or property shall be divided, partitioned, or combined, whether by
metes and bounds, subdivision, or land development, in conformance
with the provisions of this chapter. This section also applies to
land offered for sale or lease.
B.
Use. All buildings and land shall be used in conformance with the
provisions of this chapter and other applicable laws.
C.
Construction; reconstruction; alteration; relocation. Buildings and
parts of buildings shall be erected, reconstructed, converted, enlarged,
moved, or structurally altered in conformance with the provisions
of this chapter and other applicable laws.
D.
Yards and open space.
(1)
No structure shall be located, no existing structure shall be altered,
enlarged, moved or rebuilt, and no open space surrounding any structure
shall be encroached upon or reduced in any manner that does not conform
to the yard, lot, area, and building location regulations designated
for the zoning district in which such building or open space is located,
unless otherwise permitted.
(2)
A yard or other open space associated with a building on a lot shall
not be considered as a required yard or open space for a building
on any other lot.
E.
Height of buildings and structures.
(1)
General. No building shall be erected, reconstructed, or structurally
altered to exceed the height limits designated for the zone in which
such building is located, except as otherwise approved by the Board
of Adjustment.
(2)
Sloping lot. On any sloping lot, stories in addition to the number
permitted in the zone in which such lot is situated shall be permitted
on the downhill side of any building erected on such lot, but the
building height limit shall not otherwise be increased above the maximum
permitted height for the zoning district.
The provisions of this chapter shall be the minimum requirements
for the promotion of the public health, safety, morals, convenience,
order, comfort, prosperity, or general welfare.
A.
References to titles, sections, subsections, and other parts of the
Delaware Code, Administrative Code, and state regulations shall apply
to the Code/regulations as existing or amended subsequently.
B.
References to titles, sections, subsections, and other parts of the
Code of the Town of Ocean View or the Ocean View Town Charter shall
apply to the Code/Charter as existing or amended subsequently.
C.
References to titles, sections, subsections, and other parts of other
codes, laws, regulations, or policies shall apply to the codes, laws,
regulations, or policies as existing or amended subsequently.
A.
Certain words in the singular number shall include the plural number,
and certain words in the plural number shall include the singular
number, unless the obvious construction of the wording indicates otherwise.
B.
Words in the present tense shall include the past and future tenses,
and words in the future tense shall include the present tense.
C.
The word "shall" is mandatory. The word "may" is permissive.
D.
The meaning of the word "used" shall include "designed" or "intended
or arranged to be used."
E.
The meaning of the word "erected" shall include "constructed," "reconstructed,"
"altered," "placed," or "moved."
F.
The meaning of the terms "land use" and "use of land" shall include
"building use" and "use of building."
G.
The meaning of the word "adjacent" shall include "abutting" and "adjoining."
H.
The meaning of the words "zoning district" shall include the word
"zone."
A.
Zoning districts. The incorporated area of the Town is divided into
the zoning districts shown on the Zoning Map. This Map and its accompanying
notations are adopted by reference and are declared to be a part of
this chapter.
B.
Land created by changing level of water bodies. Land hereafter created
by the filling or changing of the level of water bodies shall assume
the zoning district of the contiguous land.
C.
Uncertainty as to boundaries. Where uncertainty exists as to the
boundaries of zoning districts as shown on the Zoning Map, the following
rules shall apply:
(1)
Boundaries indicated as approximately following the center lines
of streets, highways, or alleys shall be construed to follow such
center lines;
(2)
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines;
(3)
Boundaries indicated as approximately following Town or county limits
shall be construed as following Town or county limits;
(4)
Boundaries indicated as following railroad lines shall be construed
to be midway between the main track(s);
(5)
Boundaries indicated as following shorelines shall be construed to
follow such shorelines. If the shoreline changes, the boundary shall
be construed as moving with the actual low watermark of the shoreline;
(6)
Boundaries indicated as approximately following the center lines
of streams, lakes, ditches, or other bodies of water shall be construed
as following such center lines;
(7)
Boundaries indicated as parallel to, or extensions of, features described
in this subsection shall be so construed. Distances not specifically
indicated on the Zoning Map shall be determined by the scale of the
map; and
(8)
Where physical or cultural features existing on the ground differ
from those shown on the Zoning Map, or in other circumstances not
covered by this section, the Board of Adjustment shall interpret the
zone boundaries in the event of a dispute.
D.
Errors or omissions. If because of error or omission, the Zoning
Map does not show a property as being in a zoning district, such property
shall be classified in the least-intense zoning district until changed
by amendment.
E.
Parcels split by zoning districts. Where a zoning district boundary
divides a lot, tract, parcel, or property, the location of the district
boundary, unless the Zoning Map indicates its dimensions, shall be
determined by applying the map scale shown on the Zoning Map scaled
to the nearest foot.
F.
Board review. Disputes concerning the location of boundaries shall
be decided by the Board of Adjustment.
A.
A use not specifically listed as permitted in a zoning district is
prohibited unless determined to be comparable with, analogous with,
akin to, or like a use permitted in that zoning district.
B.
Standards for interpretation.
(1)
The use closely resembles and contains the same characteristics as
the uses in the zone to which it is to be added.
(2)
The use does not create dangers to health and safety and does not
create offensive noise, vibrations, dust, heat, smoke, odor, glare,
or other objectionable influences to an extent greater than normally
resulting from other uses listed in the classification to which it
is to be added.
(3)
The use does not create traffic to a greater extent than do other
uses listed in the classification to which it is to be added.
C.
The determination of similar uses shall not apply to off-street parking
or signs.
A.
Building permits.
(1)
Where construction has begun in accordance with a building permit
validly issued more than six months prior to the adoption of this
chapter, such construction may be completed as long as it complies
with the zoning or subdivision regulations in effect at the time the
permit was issued.
(2)
Where a building permit has been validly issued within three months
prior to the adoption of this chapter, construction may be completed
as long as it complies with the zoning or subdivision regulations
in effect at the time the permit was issued and as long as construction
begins within three months of the adoption of this chapter.
(3)
Construction is begun when excavation and the piers or footings of
at least one or more buildings covered by the permit have been completed.
B.
Lots.
(1)
Provision. Any lot, which was legally recorded and was a buildable
lot under the zoning or subdivision regulations in effect immediately
prior to the effective date of this chapter, is a buildable lot under
this chapter and does not require a variance to construct a single-family
dwelling.
C.
Plats. Any final subdivision plat, finally approved during the three
months immediately prior to the adoption of this chapter, may be recorded.
Any lot shown on such plat shall be a buildable lot even though it
may contain less than the minimum required area for any residential
zone. However, the plat containing such a lot must be recorded within
three months following the adoption of this chapter.
D.
Pending applications.
(1)
Any application to the Town of Ocean View (excluding any application
for a residential planned community development) that, if approved,
would allow the development of land within the Town of Ocean View,
and which is validly submitted and accepted prior to the introduction
of the ordinance adopting this Land Use and Development Code, including
site plan applications, development plan applications, subdivision
applications, rezoning applications, special exception applications,
or variance applications, shall be processed and reviewed pursuant
to the ordinances, regulations, laws, policies, standards, and fee
structures in effect immediately before the adoption of this chapter.
(2)
Applications for residential planned community developments for which
an approving ordinance has been validly adopted by the Ocean View
Town Council as of the date of the introduction of the ordinance adopting
this Land Use and Development Code shall be reviewed pursuant to the
ordinances, regulations, laws, policies, standards, and fee structures
in effect immediately before the adoption of this chapter.
E.
Vested-rights exemptions.
(1)
Who may file. Any person, entity, owner or equitable owner of property
not otherwise exempted from the requirements of this chapter who asserts
a vested right to continue the development under the ordinances, regulations,
laws, policies, standards, or fee structures in place immediately
before the adoption of this chapter or any amendment thereto may seek
a vested rights exemption from the Board of Adjustment.
(2)
Criteria for approval. The Board of Adjustment may grant a vested-rights
exemption and allow the development to proceed under standards in
place immediately prior to the adoption of this chapter if the Board
finds that the person or entity meets each of the following criteria:
(3)
Filing deadline. Any applicant seeking a vested rights exemption
must make a written request for a hearing on the exemption by the
Board within 90 days after the adoption or amendment of this chapter
by the Town Council.
(4)
Fee required with application. The fee for Board of Adjustment review
must accompany the application for the exemption.
A.
In general. Where this chapter imposes a standard that differs from
a standard imposed by other statutes, resolutions, ordinances, rules,
regulations, easements, covenants, or agreements, the stricter standard
shall govern.
B.
Conflict with other laws. Pursuant to Title 22, Section 307, of the
Delaware Code:
(1)
Wherever the regulations contained in this chapter require a greater
width or size of yards or courts, or a lower height of building or
fewer number of stories, or a greater percentage of lot to be left
unoccupied, or impose other higher standards than are required in
any other statute or local ordinance or regulation, the regulations
in this chapter shall govern; and
(2)
Wherever any other statute, local ordinance or regulation requires
a greater width or size of yards or courts, or a lower height of building
or fewer number of stories, or a greater percentage of lot to be left
unoccupied, or imposes other higher standards than are required by
the regulations in this chapter, such statute, local ordinance or
regulation shall govern.
C.
Compliance with other applicable regulations. Compliance with the
standards prescribed in this chapter does not relieve an applicant
from compliance with other applicable statutes, resolutions, ordinances,
rules, regulations, easements.
This chapter shall not invalidate or annul any easements, covenants,
recorded deed restrictions, or other private written agreements between
parties.
Land hereafter annexed to the Town of Ocean View shall be placed
in an appropriate zone and shall be incorporated into the official
Zoning Map, as a part of the annexation proceeding.
A.
When the Town expects that outside technical support is needed to
consider, examine, review, and make reports and recommendations on
any type of application contained in, review of, or interpretation
of this chapter, the applicant shall make a cash deposit to cover
the estimated amount of such outside technical support at the time
an application is submitted.
B.
If the deposit exceeds the costs incurred by the Town, the remaining
amount shall be refunded to the applicant. If the deposit is less
than the costs incurred by the Town, the applicant shall pay the deficiency
prior to final plan approval.
The Administrative Official, appointed pursuant to the provisions
of the Town Code, shall be responsible for the administration of,
interpretation of, and securing compliance with, the provisions of
this chapter.
