Town of Bridgeville, DE Article I General Provisions

§ 234-1 Title.

This chapter shall be known as the "Land Use and Development Code of Bridgeville, Delaware."

§ 234-2 Statutory authority.

The Land Use and Land Use and Development Code has been adopted pursuant to the power granted the Commissioners in An Act to Reincorporate the Town of Bridgeville, 54 Del. Laws, c. as amended, 22 Del. C. § 301 and 22 Del. C. § 702(c).

§ 234-3 Purposes.

The purpose of this chapter is to:

A. Guide the future growth and development of the Town in accordance with the Comprehensive Plan.

B. Promote the health, safety, morals or the general welfare of the community.

C. Lessen congestion in the streets.

D. Secure safety from fire, panic, and other dangers.

E. Provide adequate light and air.

F. Prevent the overcrowding of land to avoid undue concentration of population.

G. Facilitate the provision of transportation, water, sewerage, schools, parks, and other public services.

H. Direct development activities away from and conserve sensitive environmental resources.

I. Conserve the value of land and buildings.

J. Encourage the most appropriate uses of land.

§ 234-4 Applicability.

This chapter shall apply to all land within the incorporated boundaries of, and hereafter annexed into, the Town of Bridgeville.

§ 234-5 Components.

A. This chapter consists of the regulations written herein and the Official Map depicting zoning districts in the Town.[1]

[1] Editor's Note: Said map is included at the end of this chapter.

B. The tables contained herein are part of this chapter.

C. The drawings and graphics herein are part of this chapter unless otherwise indicated.

§ 234-6 Compliance required.

A. 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. Buildings and land shall be used in conformance with the provisions of this chapter.

C. 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 to 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 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.

§ 234-7 Provisions are minimum requirements.

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.

§ 234-8 References to Delaware Code.

References to titles, sections, subsections, and other parts of the Delaware Code are to the Code as existing when this chapter is adopted or as subsequently amended.

§ 234-9 Interpretation of language.

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/structure use" and "use of building/structure."

G. The meaning of the word "adjacent" shall include "abutting" and "adjoining."

§ 234-10 Interpretation of uses.

A. General. A use not specifically listed as permitted in a zoning district is prohibited unless determined similar in accordance with Subsection B below.

B. Determination of similar uses.

(1) Intent. A determination as to whether a use is similar to a use permitted by right shall be considered an expansion of the use regulations of the zone and not as a variance applying to a particular situation. Any use found similar shall be included in the list of uses permitted by right.

(2) Application.

(a) Applications for permits involving uses not specifically listed among the uses permitted by right in any zone shall be submitted to the Administrator.

(b) The Administrator may refer the application to the Planning and Zoning Commission for review.

(c) The following standards shall apply to the determination of a similar use.

[1] The use shall closely resemble and/or contain the same characteristics as the classification to which it is to be added.

[2] The use shall not create dangers to health and safety, and shall not create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other objectionable influences to an extent greater than what would normally result from other uses listed in the classification to which it is to be added.

[3] The use shall not create traffic to a greater extent than what would normally result from other uses listed in the classification to which it is to be added.

(d) The determination of similar uses shall not apply to off-street parking or signs.

§ 234-11 Zoning Map.

A. Interpretation of Zoning Map. The incorporated area of the Town is divided into the zoning districts shown on the Zoning Map. This map and its accompanying notations are adopted by reference and are declared to be a part of this chapter.[1]

[1] Editor's Note: Said map is included at the end of this chapter.

B. 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 Town or county limits shall be construed as following Town 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.

C. 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.

D. 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.

§ 234-12 Relationship to prior ordinances.

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 completed, as long as it complies with the zoning regulations in effect at the time the permit was issued and as long as construction begins within six months of the effective date 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) Any lot that was legally recorded and was a buildable lot under the zoning 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 permitted use thereon.

(2) This provision applies to all zoning districts.

(3) This provision permits construction of permitted uses only if the owner of the nonconforming lot owned no undeveloped, adjoining vacant lot or parcel on the effective date of this chapter.

C. Plats. Any final residential planned community plat, approved during the six months immediately prior to the adoption of this chapter, may be recorded as long as it is recorded within 90 days of acquiring all other permits and approvals required by all other governmental agencies having jurisdiction over the development of the subdivision.

§ 234-13 Conflict with other regulations.

Where this chapter imposes a standard that conflicts with a standard imposed by other statutes, resolutions, ordinances, rules, regulations, easements, covenants, or agreements, the more restrictive standard shall apply.

§ 234-14 Relationship to private agreements.

It is not intended that this chapter supersede any easements, covenants, or other private written agreements.

§ 234-15 Severability.

A. The Town Commissioners hereby declare 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 determined to be unconstitutional or invalid.