The Frankford Town Council deems it necessary to enact a zoning ordinance to preserve the unique characteristics of the Town of Frankford as a family-oriented community situated next to a rapidly expanding resort area. The zoning ordinance will help:
A.
To guide the future growth and development of the Town of Frankford in accordance with the Comprehensive Plan.
B.
To promote the health, safety, and general welfare of the people.
C.
To lessen congestion in the streets.
D.
To secure safety from fire, flooding, panic and other dangers.
E.
To provide adequate light and air.
F.
To prevent the overcrowding of land, to avoid undue concentration of population.
G.
To facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks and other public requirements.
H.
To conserve the value of land and buildings.
I.
To encourage the most appropriate uses of land.
This chapter applies to all land within the incorporated boundaries of the Town of Frankford.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
No tract, parcel, lot, or property shall be divided, partitioned, or combined, whether by metes and bounds, subdivision, or land development, unless done in conformance with the provisions of this chapter. This provision also applies to land offered for sale or lease.
B.
No building or land shall be used unless it is done in conformance with the provisions of this chapter.
C.
No building or part of a building shall be demolished, demolished by neglect, erected, reconstructed, converted, enlarged, moved, or structurally altered unless it is done in conformance with the provisions of this chapter.
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 with 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 one lot shall not be considered as a required yard or open space for a building on any other lot.
(3)
All required yards and courts shall be open and unobstructed to the sky unless otherwise permitted.
(4)
All yards shall be maintained in good condition and, when required, landscaped.
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 permitted.
(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.
F.
Permitted uses. For the purposes of this chapter, permitted uses are listed for the various districts. Unless this is clear from the context of the list of other regulations of this chapter, uses not specifically listed are prohibited.
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.
References to any part of the Delaware Code apply to the code as existing when this chapter is adopted or as 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."
A.
Building permits.
(1)
Construction may be commenced and/or completed in accordance with any validly issued and unexpired building permit issued prior to the effective date of this chapter.
(2)
Construction begins when excavation and the piers or footings of at least one or more buildings covered by the permit have been completed.
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.
It is not intended that this chapter invalidate or annul any easements, covenants, or other private written agreements between parties.
Should a court decide that any section or provision of this chapter is unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part other that the part judged unconstitutional or invalid.
The Town Council shall adopt by ordinance a fee schedule for all actions covered by this chapter.
A.
The fee structure may be designed to allow the Town to recover the cost of consultant services directly associated with the review of each application.
B.
The municipality must be in receipt of full payment of all application and review fees at time of application. Applications received without full payment of fees are considered incomplete and will not be scheduled for any reviews or hearings as permitted and defined by this chapter.
C.
No building or construction permits will be issued to any applicant with outstanding fees, bills, taxes, or fines due to the Town. Any outstanding fees, bills, taxes or fines must be paid in full prior to the issuance of any permit.
D.
If an application is deemed unnecessary, the application and review fees will be returned to the applicant.