[Amended 5-4-1974; 10-12-1984; 4-10-1998; 1-13-2006]
A.
A nonconforming use may be continued although such
use does not conform to the provisions of this chapter.
B.
If any nonconforming uses ceases for a continuous
and uninterrupted period of 365 days, it shall be deemed to be abandoned
and any subsequent use of the land or lot and/or building devoted
to such nonconforming use shall be in conformity with the provisions
of this chapter.
C.
The casual, intermittent, temporary or illegal use
of any land or lot and/or building shall not be sufficient to establish
the existence of a nonconforming use, and the existence of a nonconforming
use in part of a lot shall not be construed to establish a nonconforming
use on the entire lot.
A.
A nonconforming use shall not be extended or enlarged,
nor shall any structural alteration be made to any building in which
a nonconforming use is conducted. No such use shall be extended to
occupy any land outside any building devoted to a nonconforming use.
The change of an existing nonconforming use to another existing and/or
new nonconforming use or an increase in the intensity of a nonconforming
use is prohibited. In the event that a nonconforming use is changed
to a conforming use, then the right to renew and continue the nonconforming
use terminates.
B.
A nonconforming use shall not be extended to occupy
a greater area of land or volume than that occupied by such use prior
to the effective date of this chapter.
A.
A building nonconforming only as to dimensions (including,
but not limited to setback, height, lot coverage and square footage
requirements) may be maintained, repaired, altered or extended, provided
such alteration or extension does not increase the area or volume
of nonconformity. That portion of a building that does not conform
to the required setbacks shall not be extended either vertically or
horizontally.
B.
Buildings of nonconforming dimensions containing nonconforming
uses may be maintained and repaired but shall not be altered or extended
either vertically or horizontally.
C.
In the event that a building of nonconforming dimensions
or use is damaged or destroyed by any casualty to an extent not to
exceed 80% of the replacement cost of the building as of the date
of the casualty, it may be restored within one year after such casualty,
but shall not be enlarged or extended in any way. If any such building
is damaged or destroyed to the extent of more than 80% of its replacement
costs as of the date of the casualty, or the building is condemned
by the Delaware State Fire Marshal as a result of the casualty, the
right to continue the nonconformity terminates.
(1)
The burden shall be on the owner to establish entitlement
to continue the nonconformity.
(2)
In the event of a dispute over the replacement costs
of a nonconforming building as of the date of the damage, then the
replacement cost shall be the average of the replacement cost estimated
in two written appraisals from independent member, Appraisal Institute
certified appraisers, each having substantial experience in the community,
one engaged by the owner and one engaged by the Town. The cost of
both appraisals shall be paid by the owner.
D.
In the event that any building, or any portion thereof,
of nonconforming dimensions or use is intentionally destroyed, razed,
or dismantled, such building (or the nonconforming portion thereof)
shall not be rebuilt except in conformity with all of the requirements
and conditions of this chapter.
E.
In the event a building of nonconforming dimensions
or use is moved, it shall thereafter conform to the regulations for
the district in which it is located after it has been moved.
F.
Nonconforming fences may be repaired or replaced.
[Added 6-8-2018]
(1)
A replacement fence shall be erected in the same location as the
previously existing fence.
(2)
Any change in fence material and/or design shall be approved by the
Environmental Approval Committee.
(3)
A fence nonconforming in height shall be replaced in compliance with
the provisions of this chapter.
(4)
Any fence replacing a nonconforming fence shall remain nonconforming.
No building shall be erected, altered or used,
and no lot or property whether conforming or nonconforming shall be
used for the conduct of any trade, industry, hobby or business. A
hobby which is conducted entirely within a residence, the conduct
of which does not cause the emission of odors, noises or dust, and
for which no visible external storage is required, and which is not
conducted for the sale of any products or services of that hobby,
is permitted.
No use is permitted which is noxious or offensive
by reason of odor, dust, smoke, gas, vibration or noise, and the use
of an internal combustion engine or other noisy machine shall not
be permitted unless objectionable noise and vibration is eliminated
by effective mufflers or silencers and unless the use is otherwise
in conformity with all applicable laws of the State of Delaware.
[Amended 7-13-2007]
It shall be unlawful for any person to construct,
place or permit to be constructed or placed any temporary structure
upon any property within the Town; provided, however, that a temporary
structure may be constructed or placed upon property within the Town
pursuant to the terms and conditions in this section and as set forth
for accessory structures and uses in this chapter; provided, however,
that the person shall make application or give notice, as required
herein, and pay any applicable fee at least 72 hours prior to construction
or placement of such temporary structure to the Town, including information
and a drawing/site plan showing the property, the location on the
property for the temporary structures, the size of the structures,
and the reasons therefor.
A.
When a temporary structure is to be used in connection
with construction, demolition, maintenance or repair on the premises
and only when such activity is in progress on the premises:
(1)
Temporary structures are limited to one of each: dumpster,
storage unit for property owner's noncommercial use, and portable
toilet. These limits may be waived by the Town Manager upon a showing
of good cause.
(2)
The application and fee shall be submitted to the
Town Manager on forms provided or approved by the Town Manager. The
Town Manager may, as a condition of approval and for good cause shown,
modify and/or limit the size and location of such temporary structures
to minimize any adverse impact on nearby property, traffic and/or
safety.
(3)
The initial approval period shall not exceed 12 months.
The Town Manager may, upon request and payment of the applicable fee,
grant up to two extensions of three months each. If any request is
denied, the Town Manager shall provide the reasons therefor in writing.
(4)
In any event, the approval terminates when the construction,
demolition, maintenance or repair activity is substantially complete,
at which time all temporary structures shall be promptly removed.
(5)
All required zoning certificates and/or building permits
must be issued by both the Town and Sussex County prior to the placement
or construction of any temporary structure.
B.
When a temporary structure is to be used in connection
with a private social gathering or private social event, any other
gathering or event, festival or exhibition, such use may not exceed
a maximum of 72 hours, and the following must be met:
(1)
For a private social gathering or private social event,
notice on the form provided by the Town Manager shall be filed at
least 72 hours prior to the placement of such temporary structures.
(2)
For any other gathering or event, festival or exhibition,
an application and any applicable fee shall be submitted at least
14 days before the placement of such temporary structures.
(3)
The Town Manager may limit the size, scale, scope,
and location of such temporary structures to minimize any adverse
impact on nearby property, traffic and/or safety. The Town Manager
may extend the seventy-two-hour period upon a showing of good cause,
but in no event shall such use exceed 14 days. Any extension may be
conditioned upon such terms or restrictions as the Town Manager deems
necessary to protect the public health, safety or welfare.
(4)
The temporary structure shall be promptly removed
when the private social gathering, private social event, any other
gathering or event, festival or exhibition is completed.
