[Amended 8-14-2001 by Ord. No. 400]
The City is hereby divided into districts, as
shown on the Official Zoning Map which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be
a part of this chapter.[1] Any area annexed to the City shall be classified Residential R-1 District and subject to the regulation thereof, unless the provisions of § 230-61 of this chapter have been met, or unless the property annexed is governed by the regulations applicable to certain annexed property set forth at § 230-66 of this chapter of the Code.
A.
The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and shall bear the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in § 230-2 of Chapter 230, Zoning, of the City of New Castle, Delaware," together with the date of the adoption of this chapter.
B.
If, in accordance with the provisions of this article
and Chapter 3, Title 22, Annotated Code of Delaware, changes are made
in district boundaries or other matter portrayed on the Official Zoning
Map, such changes shall be made on the Official Zoning Map promptly
after the amendment has been approved by the City Council, together
with an entry on the Official Zoning Map as follows: "On (date), by
official action of the City Council, the following (change) changes
were made in the Official Zoning Map: (brief description of nature
of change)," which entry shall be signed by the Mayor and attested
by the City Clerk. The amending ordinance shall provide that such
changes or amendments shall not become effective until they have been
duly entered upon the Official Zoning Map. No amendment to this chapter
which involves matter portrayed on the Official Zoning Map shall become
effective until after such change and entry has been made on said
map.
C.
No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this article. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this article and punishable as provided under § 230-65 of this chapter.
D.
Regardless of the existence of purported copies of
the Official Zoning Map which may from time to time be made or published,
the Official Zoning Map which shall be located in the office of the
City Clerk shall be the final authority as the current zoning status
of land and water areas, buildings and other structures in the city.
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature of number of changes and additions, the City Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The Planning Commission shall certify as to the accuracy of the new Official Zoning Map prior to its adoption by the City Council. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and shall bear the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Chapter 230, Zoning, of the City of New Castle, Delaware."
A.
Where uncertainty exists as to the boundaries of districts
as shown on the Official 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 City
limits shall be construed as following such City limits.
(3)
Boundaries indicated as following railroad lines shall
be construed to be midway between the main tracks.
(4)
Boundaries indicated as following shorelines shall
be construed to follow such shorelines and, in the event of change
in the shoreline, shall be construed as moving with the actual shoreline;
boundaries indicated as approximately following the center lines of
streams, rivers canals, dykes, lakes or other bodies of water shall
be construed to follow such center lines.
B.
In all cases where a district boundary divides a lot
of record in one ownership, the following provisions shall apply:
(1)
In all cases where a district boundary is located
not further than 25 feet from a lot line of record, such boundary
line shall be construed to coincide with such lot line.
(2)
In all cases where a lot is of sufficient size to
permit development in each of its component districts in accord with
all provisions of this chapter despite being divided into two or more
districts, zoning boundaries shall be as established on the Official
Map.
(3)
In all cases where a lot is not of sufficient size
to permit development in each of its component districts in accord
with all provisions of this chapter, the lot shall be considered to
be situated 100% within the district of highest restriction. Following
is a list of the zoning districts arranged in descending order of
restriction:
|
Open Space and Recreation OS&R
| |
|
Agricultural - Horticultural AH
[Added 12-9-1997 by Ord. No. 379] | |
|
Residential R-1
| |
|
Residential R-2
| |
|
Residential R-3
| |
|
Historic Residence HR
| |
|
Historic Commerce HC
| |
|
Retail Commercial RC
| |
|
DG Downtown Gateway
[Added 8-13-2013 by Ord. No. 477] | |
|
Service Commercial SC
| |
|
General Commercial GC
[Added 8-28-2001 by Ord. No. 401] | |
|
Light Industrial - Office LIO
[Added 12-9-1997 by Ord. No. 379] | |
|
Industrial Office Park IOP
[Added 12-9-1997 by Ord. No. 379] | |
|
Industrial I
| |
|
Floodplain
[Added 12-9-1997 by Ord. No. 379] |
C.
In all other cases, where dimensions are not shown
on the Official Zoning Map, the location of boundaries shown on the
map shall be determined by the use of the scale appearing thereon.
E.
In interpreting the boundary of an HR District, residential
properties abutting on either side of a street on which the boundary
runs shall, with the exception of an HC District, be deemed to be
included within the HR District.
[Amended 12-3-1991 by Ord. No. 337]
F.
The provisions of all other codes, ordinances and
regulations shall be applicable insofar as they are consistent with
the provisions of the requirements of the Floodplain District and
the municipality's need to minimize the hazardous conditions and property
damages resulting from flooding occurrences.
[Added 6-7-1977 by Ord. No. 222]
The regulations set by this chapter within each
district shall be minimum regulations and shall apply uniformly to
each class or kind of structure or land and particularly except as
hereinafter provided.
A.
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered (internally or externally) unless in conformity with all the regulations herein specified for the district in which it is located, except as specified in Article III of this chapter.
[Amended 12-3-1991 by Ord. No. 336]
B.
No building or other structure shall hereafter be
erected or altered to exceed the height, to accommodate or house a
greater number of families, to occupy a greater percentage of lot
area, to have narrower or smaller rear yards, front yards, side yards
or other open spaces than herein required; or in any other manner
contrary to the provisions of this chapter.
C.
No part of a yard or other open space or off-street
parking or loading space required about or in connection with any
building for the purpose of complying with this chapter shall be included
as part of a yard, open space or off-street parking or loading space
similarly required for any other building.
D.
No yard or lot existing at the time of passage of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet at least the minimum requirements
established by this chapter.
