[Amended 12-17-1991; 11-11-1992; 12-20-1994 by Ord. No.
94-23; 2-27-1996 by Ord. No. 96-06; 5-13-1997 by Ord. No. 97-09; 10-14-1997 by Ord. No. 97-15; 10-14-1997 by Ord. No.
97-21; 11-24-1998 by Ord. No. 98-19; 10-13-1999 by Ord. No. 98-18; 4-11-2000 by Ord. No. 00-12; 1-15-2002 by Ord. No. 02-01; 1-15-2002 by Ord. No. 02-02; 8-12-2003 by Ord. No. 03-18; 12-9-2003 by Ord. No. 03-29; 6-23-2009 by Ord. No. 09-11; 1-25-2011 by Ord. No.
11-03; 9-24-2019 by Ord. No. 19-18; 4-25-2023 by Ord. No. 23-06]
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.
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.
A.
The Director or designee shall administer the day-to-day application
of these regulations and shall report to and take direction from the
County Administrator. The County Administrator shall have direct management
and decisionmaking authority over the Department of Planning Services.
B.
A structure or parcel of land in the County may not
be used, designed, constructed or altered in any manner inconsistent
with this chapter.
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.
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.
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.
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.
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.
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.
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:
(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.
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.
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.
A.
Recreational vehicles shall not be considered dwelling units intended
for permanent habitation unless being used as a temporary emergency
residence.
B.
For purposes of this section, evidence of human habitation shall
include activities such as sleeping, setting up housekeeping or cooking,
eating, recreating, running electrical cords, extension cords, hoses,
cables, or other items to the vehicle, and/or any other activity where
it reasonably appears, considering all the circumstances, that the
vehicle is being used as a living accommodation.
C.
Making a sewer connection with a recreational vehicle or dumping
wastes from a recreational vehicle onto public or private land other
than a designated RV waste dump station is prohibited.
Buildings or structures shall be permanently
attached to the ground or to something having permanent foundation
in the ground.
A.
Except as provided in Subsection B of this section, barbed wire or electrified fences are permitted 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,
but no taller than 10 feet, 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, telecommunication tower, construction site, community
or commercial swimming pool, stormwater management, sediment or erosion
control pond or other life-endangering use of a site from access.
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.
A.
"Portable storage unit" means any container designed for the storage
of personal property which is typically rented to owners or occupants
of property for their temporary use and which is delivered and removed
by truck.
B.
There shall be no more than one portable storage unit per lot. No
portable storage unit shall remain on a lot in a residential district
in excess of 60 consecutive days, unless the lot is the subject of
an active building permit, in which case it may remain as long as
the building permit is active. The Director may approve placement
of the container in excess of 60 days or the placement of additional
containers in cases of emergency, such as a natural disaster.
C.
No portable storage unit as defined as defined above shall be placed
at any one site in a residential district in excess of 60 days in
any calendar year, unless the lot is the subject of an active building
permit or an extension is approved by the Director.
D.
The location of the portable storage unit shall not affect the health,
safety and/or welfare of the neighborhood, including, but not limited
to, blocking access to a fire hydrant or obstructing the view of street
intersections.
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.
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.
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.
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.
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 1/2 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.
The keeping of poultry, pigeons, ducks, and similar animals,
and enclosures for the keeping of such animals, shall be governed
by the following regulations:
A.
Keeping of such animals shall not be permitted on lots smaller than
15,000 square feet in lot area.
B.
No more than five such animals shall be permitted on a residential
lot.
C.
Poultry shall be registered with the Delaware Department of Agriculture.
D.
Such animal shall be penned in a coop that shall be at least four
square feet per animal.
E.
All coops and/or enclosures shall be located in the rear yard and
at least 25 feet from all side and rear property lines.
F.
Any odor associated with the animals shall not be discernable from
property lines.
G.
Keeping of roosters shall be prohibited except on a farm property.
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 and/or the State of Delaware Office of Animal
Welfare 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.
No household shall keep more than four domestic pets over the
age of six months.
