This chapter shall be known as the "Zoning Ordinance of the
City of Lewes, Delaware."
This chapter has been made in accordance with the grant of power in Title 22, Chapters 3 and 7, of the Delaware Code.
A.
Principal.
(1)
Pursuant to 22 Del. C. § 303, this chapter has been made
in accordance with a Comprehensive Plan and is designed to accomplish
the following:
(a)
Lessen congestion in the streets.
(b)
Secure safety from fire, panic and other dangers.
(c)
Promote health and the general welfare.
(d)
Provide adequate light and air.
(e)
Prevent the overcrowding of land.
(f)
Avoid undue concentration of population.
(g)
Facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements.
(2)
Pursuant to 22 Del. C. § 303, the regulations contained
in this chapter have been made with reasonable consideration, among
other things, of the following:
B.
Implementation of the following core values of the City's Comprehensive
Plan:
(1)
Lewes has a special and historic relationship with the sea.
(2)
Lewes is a community of diversity.
(3)
Lewes values its humane town scale and sense of face-to-face intimacy
that is characteristic of its quality of life.
(4)
Lewes is a town of busy days and quiet nights.
(5)
Lewes recognizes and maintains its internal communities.
(6)
Lewes has unique historical origins and strives to highlight its
heritage through design and architectural preservation.
C.
Maintenance of important characteristics that help to define "Lewes,"
including, but not limited to:
(1)
Enhancing and preserving the intrinsic qualities of its scenic byways.
(Intrinsic qualities can be scenic, historic, cultural, natural, recreational
and archaeological.)
(2)
Maintaining Lewes' urban gateways and access corridors, including
Savannah Road, Kings Highway and New Road.
(3)
Maintaining the historic character of the City.
(4)
Preserving Lewes' open space.
A.
This chapter shall apply to all land within the incorporated boundaries
of the City of Lewes. It is intended that the extent of its applicability
be automatically changed in accordance with the provisions of this
chapter or provisions of state law which may affect its applicability.
B.
To avoid undue hardship, nothing in this chapter shall be deemed
to require changes in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to the effective date of the adoption of this chapter or prior to
the effective date of the adoption of any amendment thereto and upon
which actual building construction has been diligently carried on.
"Actual construction" is hereby defined to include the placing of
construction materials in permanent position and fastening in a permanent
manner, except that where demolition or removal of an existing building
has been substantially begun preparatory to rebuilding the building,
such demolition or removal shall be deemed to be actual construction,
provided that the work shall be diligently carried on until completion
of the building involved.
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 provision also applies to
land offered for sale or lease.
B.
Use. Buildings and land shall be used in conformance with the provisions
of this chapter.
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.
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 a 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.
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 City of Lewes or the Lewes City 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."
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 City or county limits
shall be construed as following City 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 shoreline.
(6)
Boundaries indicated as approximately following the center lines
of streams, lakes, 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.
(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.
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.
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.
It is intended that the provisions of this chapter be used in conjunction with Chapter 170, Subdivision and Land Development, of the Code of the City of Lewes.
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 six 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 six 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, approved by the Lewes Planning
Commission during the six 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 six months following the adoption
of this chapter.
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 22 Del. C. § 307:
(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
less 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.
(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 a lesser number of stories, or a greater percentage of lot to be
left unoccupied, or imposed 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.
It is not intended that this chapter invalidate or annul any
easements, covenants, or other private written agreements between
parties.
Land hereafter annexed to the City of Lewes shall be placed
in an appropriate zone as a part of the annexation proceedings.
A.
The Mayor and City Council hereby declares that the sections, paragraphs,
sentences, clauses, and phrases of this chapter can be separated from
one another.
B.
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.
