No building, structure or land shall
hereafter be used and no building, structure or part thereof shall
be erected, reconstructed, converted, enlarged, moved or structurally
altered unless in conformity with the regulations as set forth in
this chapter.
Every building hereafter erected,
reconstructed, converted, moved or structurally altered shall be located
on a lot of record, and in no case shall there be more than one main
building on one lot unless otherwise provided for in this chapter.
The minimum yards, height limits,
parking space and open spaces, including lot area per family, required
by this chapter for each and every building existing at the time of
the passage of these regulations or for any building hereafter erected
shall not be encroached upon or considered as required yard or open
space for any other building, except as hereinafter provided, nor
shall any lot area or lot dimensions be reduced below the requirements
of these regulations.
No accessory building shall be constructed
upon a lot for more than six months prior to beginning construction
of the main building. No accessory building shall be used for more
than six months unless the main building on the lot is also being
used or unless the main building is under construction. Lots located
in an AR or GR District containing a minimum of one acre may be exempted
from this provision if approved by the Commission.
[Amended 4-16-2019 by Ord. No. 2644]
For the purpose of this chapter,
permitted uses are listed for the various districts. Unless the contrary
is clear from the context of the lists or other regulations of this
chapter, uses not specifically listed are prohibited. The Commission
shall have the authority to determine whether a use shall be permitted
because it is clear from the context of the lists or other regulations
that it should be permitted due to its similarity to those uses that
are listed as permitted.
[Added 12-4-2018 by Ord. No. 2618]
For purposes of calculating the permitted density or allowable density in all districts, the gross area, as defined herein, shall be divided by the applicable lot area stated in each district, unless otherwise specifically set forth therein. "Gross area" shall include the lot areas and the area of land set aside for common open space or recreational use but shall exclude any area designated as a tidal tributary stream or tidal wetlands by § 115-193.
[1]
Editor's Note: Former § 115-15.1,
Outdoor burning in Coastal Zone Area, added 12-13-1994 by Ord. No.
999, was repealed 5-13-11997 by Ord. No. 1137.
A.
Height, area and bulk regulations applicable
to each district are contained in a chart or table included at the
end of this chapter. The table and all of the notations and requirements
which are shown in it or which accompany it shall be a part of these
regulations and have the same force and effect as if all of the notations
and requirements were fully set forth or described herein. In general,
the regulations applicable to a particular district are contained
in the table to the right of the district name and between the same
sets of horizontal lines which include the district name. Regulations
which apply to more than one district are indicated by extension across
horizontal lines.
B.
The regulations contained in the table
are supplemented or modified by regulations contained in other articles
of these regulations.
Whenever reference is made in this
chapter to any other ordinance, chart, table, schedule or regulation
which itself is not copied herein, a copy of such ordinance, chart,
table, schedule or regulation shall be kept on file in the office
of the Director and be available for inspection and reference.
[Amended 9-13-1983 by Ord. No. 145; 3-13-1984 by Ord. No.
174; 4-3-1990 by Ord. No. 674]
Governmental functions of federal,
state and municipal governments are subject to the provisions of this
chapter. Governmental functions of the Sussex County government are
considered exempt from the provisions of this chapter except where
these functions are located within the flood-prone districts. Governmental
functions of municipal governments in which Sussex County government
participates financially and/or contractually are exempt from the
provisions of this chapter.
