A.
Definition. "Nonconforming situations" are existing lots, buildings
and structures, uses of land, and signs and billboards 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. Nonconforming situations may continue until they are removed,
discontinued, or destroyed as provided for in this chapter, but their
survival is not encouraged.
A.
Continuation permitted. Except as otherwise provided in this chapter,
any nonconforming situation may continue as existing on the effective
date of adoption or amendment of this chapter.
B.
Effect of ownership change. Any change of title or right to possession
shall not affect the continuation of a nonconforming situation, provided
that the change in ownership does not result in changes inconsistent
with any of the provisions of this chapter.
C.
Proof of legal nonconformity. The landowner shall have the burden
of establishing entitlement to the continuation of nonconforming situations
or completion of nonconforming projects.
A.
Definition. A "nonconforming lot" is a recorded lot, whose lot area
and/or lot width were lawful before this chapter was adopted, revised
or amended, that does not meet the standards governing lot area and/or
lot width of this chapter.
B.
Development standards for vacant, nonconforming lots. On a vacant,
nonconforming lot, a single-family dwelling may be erected without
a variance under the following conditions:
(1)
A single-family dwelling is a permitted use in the zoning district
where the dwelling is to be erected;
(2)
All other applicable dimensional standards are complied with except
for lot area and/or lot width; and
(3)
The applicant does not own, or have control over, a sufficient amount
of adjacent land to create a conforming lot without causing additional
nonconforming situations.
C.
Development standards for improved, nonconforming lots. On an improved,
nonconforming lot, a building or structure may be enlarged, extended,
or altered without a variance as long as all other applicable dimensional
standards are complied with except for lot area and/or lot width.
A.
Definition. A "nonconforming use" is a use or activity, which was
lawful before this chapter was adopted, revised or amended, that is
not permitted pursuant to this chapter.
B.
Continued existence. Although nonconforming uses are incompatible
with permitted uses in their respective zoning districts, any nonconforming
use may continue under the following conditions:
(1)
A nonconforming use of a building, structure, or lot shall not be
extended or enlarged;
(2)
A building or structure containing a nonconforming use shall not
be enlarged, extended, constructed, reconstructed, moved or structurally
altered to extend or enlarge the area devoted to a nonconforming use;
and
(3)
A nonconforming use shall not be changed to, or replaced with, another
nonconforming use.
C.
Termination of legal, nonconforming status.
(1)
When a nonconforming use ceases for any reason for more than one
year and one day, its legal, nonconforming status is terminated. Any
subsequent use shall conform to the applicable regulations in this
chapter.
(2)
When a building or structure containing a nonconforming use is destroyed
by more than 50% of its replacement cost at the time of destruction,
the nonconforming use may not be reestablished. Any subsequent use
of the land must conform to the provisions of this chapter.
A.
Definition. A "nonconforming building or structure" is 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.
Regulations.
(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, but any structure or
portion thereof may be altered to decrease its nonconformity.
(3)
A nonconforming building or structure may not be enlarged or altered
in any way to accommodate the establishment or extension of any nonconforming
use.
(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.
Termination of legal, nonconforming status.
(1)
When a nonconforming building or structure, as defined in this section,
is destroyed by more than 50% of its replacement cost at the time
of destruction:
(a)
The new or restored building or structure shall conform to current
dimensional and density standards of this chapter.
(b)
Should dimensional restrictions or irregularities of the lot
prevent placement of a new building of the same size footprint, then
said structure will be erected, to meet as closely as possible, the
requirements of the zoning district wherein the parcel lies, as determined
by the Administrative Official.
(2)
When a building or structure, containing a nonconforming use, is
destroyed by more than 50% of its replacement cost at the time of
destruction, the nonconforming use may not be reestablished. Any subsequent
use of the land must conform to the regulations of this chapter.
D.
Restoration when destruction less than 50%. Restoration of a building
or structure destroyed by less than 50% of its replacement market
value, as established by an appraisal prepared by a professional appraiser
qualified to do business in the State of Delaware, shall be permitted,
provided that the restoration commences within 12 months from the
date of destruction.
E.
Unsafe buildings and structures. Replacement or repair of portions
of a building or structure declared by the Administrative Official
to be a hazard or unsafe shall be permitted, provided that:
(1)
The repairs or replacement do not increase the gross floor area of
the building or increase the degree of nonconformity with the setback
requirements; and
(2)
The portions declared unsafe do not exceed 50% of the replacement
market value of the whole structure, as established by an appraisal
prepared by a professional appraiser qualified to do business in the
State of Delaware.
A.
Definition. A "nonconforming sign or billboard" is a sign, whose
characteristics were lawful before this chapter was adopted, revised,
or amended, that does not meet the current standards of this chapter.
B.
Continued existence. A nonconforming sign may be continued under
the following conditions:
(1)
Normal repair and maintenance is permitted;
(2)
A nonconforming sign shall not be enlarged or altered in a way that
increases its nonconformity. It may be altered in a way that decreases
its nonconformity; and
(3)
A nonconforming sign shall not be used as grounds for permission
to construct additional signs that do not conform to the standards
of this chapter.
C.
Termination of legal nonconforming status.
(1)
When a nonconforming sign is destroyed, by any means to the extent
of 50% of its replacement value, or is removed, its legal, nonconforming
status is terminated.
(2)
Signs lawfully existing and maintained as nonconforming signs prior
to the effective date of this chapter shall be removed unless, within
five years of the effective date of this chapter, said signs are brought
into compliance with this chapter.
(3)
Any subsequent sign shall conform to provisions of this chapter.
