As used in this chapter, the following terms
shall have the meanings indicated:
DIMENSIONAL NONCONFORMITY
A nonconforming situation that occurs when the height, size
or minimum floor space of a structure or the relationship between
an existing building or buildings and other buildings or lot lines
is not in compliance with the regulations applicable to the district
in which the property is located.
NONCONFORMING LOT
A lot created at the effective date of this chapter (and
not created for the purpose of evading the restrictions of this chapter)
that does not meet the minimum area or width requirements of the district
in which the lot is located.
NONCONFORMING USE
A nonconforming situation that occurs when property is used
for a purpose or in a manner made unlawful by the use regulations
applicable to the district in which the property is located.
The purpose of this article is:
A. To allow nonconforming situations to continue until
conforming status is achieved.
B. To encourage nonconforming situations to become conforming.
C. To discourage increases in the extent of nonconformity.
The burden of establishing that any nonconforming
use is a legal nonconforming use as defined by this article shall,
in all cases, be upon the owner of such nonconforming use and not
upon the County.
Nonconforming buildings, structures or uses
may continue to exist, subject to the following provisions:
A. No nonconforming use shall be changed to a use not
permitted by this chapter in the particular district in which the
building or structure is located except:
(1) If no structural alterations are made, a nonconforming
use of a building may be changed to a similar or more restricted use
of the same or lesser intensity; or
(2) Whenever a nonconforming use has been changed to a
more restricted use, such use shall not thereafter revert to a less
restricted use.
(3) Any change in use of a nonconforming structure must
be approved by the Board of Adjustment.
B. Any residential use located on a lot having less road
frontage or lot area than required herein may continue to exist, and
may be enlarged, without increasing the number of dwelling units therein,
provided that no such addition shall extend closer to any lot existing
building surfaces or the required yard dimensions for the district,
whichever is less.
C. In the event that a nonconforming use ceases for a
period of one year or more, then the nonconforming use shall be deemed
abandoned and compliance with this chapter shall be required. The
casual, temporary or illegal use of land or structure does not establish
the existence of a nonconforming use.
D. Any nonconforming building or structure which is damaged
or destroyed by any cause, except for willful demolition, may be reconstructed
to its former dimensions on the same lot and with the same nonconforming
use. Reconstruction shall be substantially completed within a period
of 12 months from the date of damage or the structures nonconforming
status shall be lost. Nothing in these regulations shall prevent the
strengthening or restoring to a safe condition of any building or
structure declared to be unsafe.
E. Any nonconforming
billboard may be reconstructed, provided the sign area is not enlarged;
the structure itself is not enlarged; the height of the structure
is not increased; and the structure is rebuilt no closer to any property
line or right-of-way. A building permit is required for any reconstruction,
and the Department of Planning Services shall verify the height and
dimensions of the existing sign prior to demolition/reconstruction.
Any such reconstruction shall also be compliant with all applicable
Delaware Department of Transportation regulations.
[Added 1-25-2011 by Ord. No. 11-02]
If the County acquires title to any property
by reason of tax delinquency and such properties be not redeemed as
provided by law, the future use of such property shall be in conformity
with the then provisions of the zoning regulations of the County,
or with any change of such regulations, equally applicable to other
like properties within the district in which the property acquired
by the County is located.