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Sussex County, DE
 
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Code
New Laws (2) Index
[Amended 12-27-1983 by Ord. No. 163]
In order to regulate and restrict the location and use of buildings and land for trade, industry, residence and other purposes and to regulate and restrict the location, height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces and the density of population, the following zoning districts are hereby established:
A. 
Residential districts:
AR-1
Agricultural Residential District
AR-2
Agricultural Residential District
MR
Medium-Density Residential District
GR
General Residential District
HR-1
High-Density Residential District
HR-2
High-Density Residential District
UR
Urban Residential District
RPC
Residential Planned Community District
VRP
Vacation-Retirement-Residential-Park District
B. 
Business and commercial districts:
[Amended 2-27-2018 by Ord. No. 2550]
UB
Urban Business District
B-1
Neighborhood Business District
C-1
General Commercial District
CR-1
Commercial Residential District[1]
B-2
Business Community District
B-3
Business Research District
C-2
Medium Commercial District
C-3
Heavy Commercial District
C-4
Planned Commercial District
C-5
Service/Limited Manufacturing District
I-1
Institutional District
[1]
Editor's Note: This district was added to this subsection pursuant to Ord. No. 1870, adopted 8-22-2006, which ordinance added the CR-1 Commercial Residential District to the Code.
C. 
Industrial districts:
M
Marine District
LI-1
Limited Industrial District
LI-2
Light Industrial District
HI-1
Heavy Industrial District
D. 
Flood-prone districts:
FP
Coastal Floodplain
HA
Coastal High-Hazard Area
FW
Floodway
FF
Floodway Fringe
[Amended 12-27-1983 by Ord. No. 163]
For the purpose of reference hereafter in this chapter, unless specifically provided to the contrary, the term "residential district" shall include all single-family and multiple-family districts and special residential districts; the term "commercial district" shall include all commercial, special commercial and business districts; and the term "industrial district" shall include all the industrial districts. The term "AR Agricultural Residential District" shall include the AR-1 Agricultural Residential District and the AR-2 Agricultural Residential District. The term "HR High-Density Residential District" shall include the HR-1 High-Density Residential District and the HR-2 High-Density Residential District. The term "flood-prone districts" shall include the FP Coastal Floodplain, HA Coastal High-Hazard Area, FW Floodway and FF Floodway Fringe.
A. 
The boundaries of the districts are hereby established as shown on the Zoning Map based on Sussex County's geographic information system (GIS) and entitled the "Zoning Map of Sussex County" which shall be maintained by the office of the County Planning and Zoning Commission of Sussex County, which map, with all explanatory matter thereon, shall be deemed to accompany, be and is hereby made a part of this chapter.
[Amended 3-28-2017 by Ord. No. 2488]
B. 
The Official Zoning Map, together with subsequent applicable amendments, shall be conclusive as to the current zoning status of land.
C. 
The flood-prone districts shall be deemed overlays on any existing and hereafter established zones or districts within Sussex County or the Town of Frankford.
[Amended 12-27-1983 by Ord. No. 163]
A. 
Copies of the Official Zoning Map shall be provided by the Sussex County Office of Mapping and Addressing upon request for a reasonable fee. The Official Zoning Map shall also be available for inspection at the office of the Planning and Zoning Commission and through the Sussex County government website.
[Amended 3-28-2017 by Ord. No. 2488]
B. 
Drafting errors or omissions may be corrected, but no changes in district zoning boundaries may be made except to show properly adopted amendments.
C. 
Changes to the boundaries of the flood-prone districts may be made where warranted by natural or other causes and where a study of flood-prone conditions has been made utilizing field techniques of the United States Army Corps of Engineers or some comparable agency. All changes will be subject to review and approval of the Federal Insurance Administration (FIA) before becoming effective.
A. 
A district name or letter-number combination shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole area in the county bounded by the district boundary lines within which such name or letter-number combination is shown or indicated, except as otherwise provided by this section.
B. 
Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of these regulations, the following rules apply:
(1) 
In cases where a boundary line is given a position within a street or alley, easement, canal or navigable or nonnavigable stream, it shall be deemed to be in the center of the right-of-way of the street, alley, easement, canal or stream; and if the actual location of such street, alley, easement, canal or stream varies slightly from the location as shown on the District Map, then the actual location shall control.
(2) 
In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.
(3) 
Where the district boundaries as shown on the Zoning District Maps approximately coincide with lot lines, the lot lines shall be construed to be the district boundary line, unless otherwise indicated.
(4) 
In cases where district boundaries as shown on the Zoning District Maps do not coincide or approximately coincide with street lines, alley lines or lot lines and no dimensions are shown, the location of such district boundary lines shall be determined by the use of the scale appearing on the map.
(5) 
Whenever any street, alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall automatically be extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
(6) 
Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of the railroad line.
C. 
The source of the flood-prone districts shall be the Flood Insurance Rate Maps and Flood Insurance Study prepared by the Federal Emergency Management Agency, dated June 16, 1995, or the latest version thereof.
Areas which are under water are considered to be within a zoning district and controlled by the applicable district regulations. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with the county line or by a straight-line projection of the district boundaries as indicated on the District Maps. Straight-line district boundaries over water areas shall be assumed to continue as straight lines until they intersect with each other or with the county limit line.