This Article and all County zoning maps shall apply to all lands regulated by New Castle County as permitted by State law.

(Ord. No. 97-172, § 3(ch. 13, § 02.005), 12-31-1997)

The County is hereby divided into the minimum number of zoning districts necessary to achieve compatibility of uses and character within each district consistent with the spirit and intent of the Comprehensive Development Plan. The purpose of each district is described in Division 40.02.200.

(Ord. No. 97-172, § 3(ch. 13, § 02.010), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 02.010), 9-22-1998)

Zoning districts established by this Chapter are bounded and defined as provided in this Chapter and as shown on the New Castle County Zoning Maps. The New Castle County Zoning Maps and all information depicted thereon shall be considered a part of this Chapter.

(Ord. No. 97-172, § 3(ch. 13, div. 02.100), 12-31-1997)

A.

The zoning districts described in this Chapter shall apply to all property as designated on the official New Castle County Zoning Maps. The former overlay historic district is preserved and shall be considered a part of this Chapter.

B.

Reserved.

C.

Zoning district errors identified by the Department may be corrected at any time with the consent of County Council. The Department shall make a correction to the zoning map only if it is determined that one (1) of the following has occurred:

1.

A new zoning district was not correctly converted by the Department from a former zoning district based upon the standards in this Article.

2.

A mapping error was made by the Department.

County Council's consent by ordinance shall be required before the correction to the zoning map may be made by the Department. (See Article 30, Table 40.30.110)

(Ord. No. 97-172, § 3(ch. 13, § 02.110), 12-31-1997; Ord. No. 98-062, § 1(ch. 13, § 02.110), 9-22-1998; Ord. No. 98-080, § 1(ch. 13, § 02.110), 9-22-1998; Ord. No. 00-103, § 1, 12-12-2000; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

The following rules shall be used to determine the precise location of any zoning district boundary line shown on the zoning map:

A.

Boundaries shown as following, or approximately following, streets, alleys, or railroads shall be construed as following the centerline of such features.

B.

Boundary lines shown as following, or approximately following, lot lines, section lines, survey or other property lines, or municipal boundaries shall be construed as following such lines. Where a dimension is used on the zoning map, and no more than fifty (50) feet of a lot is cut off by a zoning line, the entire property shall be considered to be within the zoning district with the largest area.

C.

Boundaries shown as following, or approximately following, the centerline of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerline of such watercourses. In the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.

D.

Boundaries shown as separated from and parallel to, or approximately parallel to, any of the features listed in this Section shall be construed to be parallel to such features and at such distances therefrom as are shown on the zoning map.

(Ord. No. 97-172, § 3(ch. 13, § 02.111), 12-31-1997)

Any land in the County which is not shown or labeled on the zoning map or for which no conversion has been provided shall be considered zoned Suburban Reserve (SR).

(Ord. No. 97-172, § 3(ch. 13, § 02.120), 12-31-1997)

Where a tract or parcel of land is located in more than one (1) zoning district as of December 31, 1997, the development may be designed as if each district were a separate parcel or designed and developed as a single project. The following rules govern developments in two (2) or more districts which are developed as a single project:

A.

A concept plan shall be required as a condition of approval to shift densities.

B.

A nonresidential use shall not intrude into a residential district.

C.

The acreage in both districts may be used to determine minimum site area as provided in Article 4.

D.

The required open space and maximum dwelling units shall be the sum of that required by separate calculations for each district as provided in Article 5.

E.

The proportion of the density of the development in the two (2) districts need not be identical to that calculated for each district. The plan for allocating development shall be submitted as an exploratory plan for the entire property. Approval shall be based on the following criteria:

1.

The proportion of land used for development shall be increased only in the higher intensity district, except as provided in E.2.

2.

Where, for aesthetic or environmental reasons, the concept plan approval may permit the development to occur in the lower density zoning district resulting in the most optimum use of the site. The developer shall submit an environmental impact assessment report showing alternative siting options as part of the concept plan approval process. The above consideration and report must demonstrate the advantages of the proposed location as opposed to siting the development as required by E.1.

F.

Where a unified development straddles a district boundary, bufferyards are not needed between the development's portions. Where the development is in two (2) separate parts or alters use or density at the boundary, then the buffer requirements (see Table 40.04.111) shall be required.

G.

Nonresidential access. All nonresidential uses shall be permitted through-access and egress through all nonresidential zoning districts.

(Ord. No. 97-172, § 3(ch. 13, § 02.130), 12-31-1997; Ord. No. 02-075, § 1(Exh. A), 10-22-2002; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 09-068, § 1(Exh. A), 11-10-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

This Division specifies the purpose and intent of the zoning districts established by this Chapter. The major community character classes (urban, suburban transition, suburban and special) are used to organize the districts. Uses within a community character class are more similar in character than uses in a different class. All districts share the purpose of implementing the Comprehensive Development Plan.

It is County Council's intent to encourage agricultural preservation in all New Castle County zoning districts.

(Ord. No. 97-172, § 3(ch. 13, div. 02.200), 12-31-1997; Ord. No. 00-018, § 1, 6-13-2000; Ord. No. 02-075, § 1(Exh. A), 10-22-2002)

Urban character is found in the Traditional Neighborhood (TN) Districts.

(Ord. No. 97-172, § 3(ch. 13, § 02.210), 12-31-1997)

A.

This district is predominantly residential with a traditional urban neighborhood character. The setback line is close to the street and all buildings must be built to the setback line (build-to line). The character of the area is urban.

B.

This district shall be located either near transit or adjoining areas of neighborhood conservation having similar density.

C.

Design standards ensure the desired character. Pedestrian activity is encouraged, and open space shall be designed to be used for activity centers for the district.

(Ord. No. 97-172, § 3(ch. 13, § 02.211), 12-31-1997)

The suburban transition character is found in seven (7) districts: Suburban Transition, Manufactured Home, Neighborhood Office, Regional Office, Regional Commercial, Business Park, and Industrial.

(Ord. No. 97-172, § 3(ch. 13, § 02.220), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 02.220), 9-22-1998)

A.

This district provides for high quality moderately high density development with a full range of residential and limited nonresidential uses.

B.

The design requirements provide a suburban transition character while encouraging pedestrian linkages in addition to automobile access.

C.

This intensity of this district accommodates a range of housing types from small single-family to multi-family.

D.

The district shall only be located under the following circumstances:

1.

The project is located in the central core of the southern sewer service area as described more fully in Resolution 06-069 and adopted by County Council on March 28, 2006;

2.

The project proposes a gross density of less than five (5.0) dwelling units per acre; or

3.

The project proposes a gross density of five (5.0) dwelling units per acre or greater and has access to transit services. Access to transit services shall mean:

a.

Any proposed development or portion thereof within a one-quarter (¼) mile walking distance to the nearest bus stop; or

b.

Any proposed development or portion thereof within a two (2) mile radius of an existing transit park and ride facility or one that is proposed and constructed prior to the issuance of the first certificate of occupancy.

(Ord. No. 97-172, § 3(ch. 13, § 02.221), 12-31-1997; Ord. No. 08-040, § 1, 7-8-2008; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

This district is intended to provide for a manufactured home park having a suburban transition.

(Ord. No. 97-172, § 3(ch. 13, § 02.222), 12-31-1997)

A.

This district is intended to provide for professional and administrative offices in a park-like setting whose character is suburban transition.

B.

Building heights and floor area ratios are designed to provide a setting that is generally compatible with most of the County's residential areas.

(Ord. No. 97-172, § 3(ch. 13, § 02.223), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 02.223), 9-22-1998)

Cross reference— Businesses, ch. 8.

A.

This district is intended to accommodate large regional employment centers that are primarily office employment together with support type uses.

B.

The character of this district is suburban transition with tall buildings and floor area ratios compatible with the concentration of jobs.

C.

Other land uses that support office employment are permitted within the buildings and in larger developments as freestanding uses. Transit stop facilities shall be built into the development to reduce automobile traffic on surrounding roads. Mixed use structures are permitted for the same reason.

D.

This district is intended to work in general unison with the BP and I zoning districts to provide for a wide variety of uses by both location and general character to permit a consistency of employment related uses throughout the County.

(Ord. No. 97-172, § 3(ch. 13, § 02.224), 12-31-1997; Ord. No. 08-096, § 1, 11-25-2008; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Cross reference— Businesses, ch. 8.

A.

This district is intended to provide for community and regional commercial services. Its character is suburban transition.

B.

Design controls are intended to promote circulation by foot and automobile within contiguous commercial or office areas. These design features are intended to lessen congestion on roads and create large commercial complexes rather than development strips.

C.

Mixed uses are permitted to provide residential customers within the development. Transit facilities are also required.

D.

The new areas to be zoned for this use should be large and deep. Small shallow frontages shall not be designated for this type of use.

(Ord. No. 97-172, § 3(ch. 13, § 02.225), 12-31-1997)

Cross reference— Businesses, ch. 8.

A.

This district permits office, manufacturing, light industrial, warehousing, and uses that support them. The land use restrictions ensure the land best suited for this use is available.

B.

Moderate to high intensities are permitted to achieve maximum land utilization. This development pattern provides a suburban transition character. The area is intended to attract business and industry.

C.

Design standards provide for a high quality business park character. The interior land, screened from main roads, may develop at higher intensities with less landscaped area. Such practices will maximize land use.

D.

Limits are placed on exterior storage to ensure an environment that encourages the mix of high quality office with other major employment generating uses.

E.

This district is intended to work in general unison with the OR and I zoning districts to provide for a wide variety of uses by both location and general character to permit a consistency of employment related uses throughout New Castle County.

(Ord. No. 97-172, § 3(ch. 13, § 02.226), 12-31-1997; Ord. No. 08-096, § 1, 11-25-2008)

Cross reference— Businesses, ch. 8.

A.

This district retains the older industrial areas. The character of these areas is suburban transition. Many of these areas are existing industrial parks. In keeping with evolving employment trends, a wider range of uses is permitted.

B.

The intensities of this district are intended to encourage industrial types of uses.

C.

Exterior storage is permitted, but is limited and must be screened from the view of collector or arterial roads.

D.

This district is intended to work in general unison with the OR and BP zoning districts to provide for a wide variety of uses by both location and general character to permit a consistency of employment related uses throughout the County.

(Ord. No. 97-172, § 3(ch. 13, § 02.227), 12-31-1997; Ord. No. 08-096, § 1, 11-25-2008; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Cross reference— Businesses, ch. 8.

Four (4) districts comprise the suburban character class: a Suburban District that is residential, a Commercial Neighborhood, a low density Suburban Estate, and a Suburban Reserve.

(Ord. No. 97-172, § 3(ch. 13, § 02.230), 12-31-1997)

A.

This district has a suburban character.

B.

The scale and intensity of the development is regulated to ensure that uses primarily serve the surrounding residential neighborhoods. Roof design and landscaping is intended to reinforce the compatibility of these uses with the neighborhoods.

C.

Size and spacing of this district is regulated to ensure this district does not promote strip commercial development that serves highway traffic or regional uses.

(Ord. No. 97-172, § 3(ch. 13, § 02.231), 12-31-1997)

Cross reference— Businesses, ch. 8.

A.

This district permits a wide range of residential uses. This district includes all the newly developing areas designated as growth areas in the Comprehensive Development Plan.

B.

This district permits moderate to high density development and a full range of residential uses in a manner consistent with providing a high quality suburban character. Significant areas of open space and/or landscaping shall be provided to maintain the balance between green space and buildings that characterize suburban character. The highest densities are permitted in designed communities, hamlets and villages through the use of Smart Code techniques.

C.

This district is not intended to be used for fully developed areas. Fully developed areas are zoned Neighborhood Conservation (NC). The Suburban District is used for in-fill tracts containing at least five (5) acres or where New Castle County seeks to redevelop the area to suburban character.

(Ord. No. 97-172, § 3(ch. 13, § 02.232), 12-31-1997; Ord. No. 09-037, § 1, 10-13-2009)

A.

This district is not serviced by sewer, and is not planned for sewer service in the future. Some areas may have public water available. The development pattern is planned for full buildout.

B.

The character of the area is intended to preserve a character that has long been established in northern New Castle County for single-family homes on large lots.

C.

Landscaping and design are intended to enhance or preserve the character of the area and preserve the views of the landscape. Both single-family and open space subdivisions are provided to insure that difficult sites can be utilized.

(Ord. No. 97-172, § 3(ch. 13, § 02.233), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 02.233), 9-22-1998)

A.

This district is intended to be served with sewer and water in the future and rezoned to Suburban (S) when the sewer construction is imminent. The district is also designed to permit limited development that does not foreclose ultimate sewering of the area. The preservation of large amounts of open space and agricultural land is encouraged in this district and such land may be used for spray irrigation as permitted by this Chapter.

B.

The countryside character of this district is designed to facilitate residential and agricultural use. Should land develop before sewers are provided, it should be accomplished in a manner which preserves available farmland and consolidates development in such a way as to minimize the impact on the land.

C.

Incentives are provided for open space development to preserve land that can be farmed.

D.

A number of special provisions apply to this district that are intended to be an incentive for agriculture to continue, even as residential development occurs, by maximizing the contiguous farmland and providing farm operators additional revenue sources.

(Ord. No. 97-172, § 3(ch. 13, § 02.234), 12-31-1997; Ord. No. 09-037, § 1, 10-13-2009)

A.

Intensive uses Two (2) special districts were created to allow a limited amount of Heavy Industry (HI) and Extraction (EX).

B.

Existing neighborhoods. The Neighborhood Conservation (NC) district applies to neighborhoods or planned areas whose character is already set by existing uses and lotting, and which should be protected or conserved. The Diversified Planned Unit Development (DPUD) district is only for existing DPUD developments.

C.

The Economic Empowerment District (EED). The EED allows the creation of zoning regulations for an identified area based upon a set of guidelines, procedures and permitted uses to accommodate development consistent with the County's Comprehensive Plan and the 2014 Economic Development Strategic Plan, as those plans may be amended or updated.

D.

Overlay zones. The Historic (H) overlay zoning district is an overlay zone to preserve the County's historic heritage. The Hometown (HT) Overlay district may be used for communities built before zoning regulations were established (pre-1954) and with a unique development pattern that does not conform to existing zoning standards. These districts are established through the rezoning process for amendments to the zoning map and shall be considered a new zoning district which provides additional standards to the underlying zoning district.

(Ord. No. 97-172, § 3(ch. 13, § 02.240), 12-31-1997; Ord. No. 03-107, § 1(Exh. A), 3-23-2004; Ord. No. 16-066, § 1, 1-10-2017; Ord. No. 20-071, § 5, 10-27-2020)

A.

These districts protect the residential character of existing neighborhoods or planned subdivisions that were or are being developed under previous zoning regulations.

B.

These districts recognize the lotting standards in effect when the community was developed and avoid making older developments nonconforming as development standards evolve. These districts permit minor in-fill consistent with the existing character, but shall not be used for rezoning.

C.

Different types of neighborhoods exist which receive an NC designation. Distinctions between these neighborhoods are made by numbers or letters following the NC designation. Table 40.02.241 indicates the new zoning designation and the former zoning designation that was replaced. Each subcategory provides lot size and setback standards. (See Table 40.04.110.) This designation also recognized the building of different dwelling unit types.

D.

In some cases, the designation applies to areas that were nonconforming at the time of adoption of these regulations. The new designation is intended to remove nonconforming status to the greatest degree possible.

E.

The Neighborhood Conservation Planned Unit Development (NCpud) District is used solely to recognize existing DPUD developments. The resolution adopting DPUD contains the standards applicable to the individual DPUD.

F.

Residential developments approved prior to December 31, 1997 (or for which a hardship exception was granted as provided in Ordinance 97-064) using alternative development options shall be subject to compliance with all applicable former alternative development option rules and regulations.

G.

The NC5 district is designed to maintain the existing character of older built-up residential areas of the County that contain mixed dwelling unit types and remove nonconforming use status. Existing dwellings may be altered, expanded or replaced (subject to compliance with the dimensional standards of this Chapter), however, any new proposed dwellings within the NC5 district shall be single-family detached or single-family semi-detached and meet all of the requirements of this Chapter. The NC5 district may also contain existing legal nonconforming apartments built prior to December 31, 1997.

Table 40.02.241. NEIGHBORHOOD CONSERVATION (NC) DISTRICTS

(Ord. No. 97-172, § 3(ch. 13, § 02.241), 12-31-1997; Ord. No. 98-062, § 1(ch. 13, § 02.241), 9-22-1998; Ord. No. 98-080, § 1(ch. 13, § 02.241), 9-22-1998; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 04-059, § 1(Exh. A), 7-13-2004; Ord. No. 05-087, § 1, 10-25-2005; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

A.

The Heavy Industry District is to be used principally for larger heavy industrial developments not suited to other industrial districts and the uses that support those types of developments.

B.

Location of such districts typically has access to rail lines or navigable marine waterways in addition to roadway access.

C.

Districts shall be located to minimize adverse effects from neighboring districts such as noise, air pollution, and unsightly structures.

D.

This district shall be permitted in coastal zones provided that any use prohibited by the Delaware Coastal Zone Act shall remain prohibited, and provided that such districts were zoned M-3 under the former New Castle County zoning maps. No new HI districts shall be created in a coastal zone.

(Ord. No. 97-172, § 3(ch. 13, § 02.242), 12-31-1997; Ord. No. 98-062, § 1(ch. 13, § 02.242), 9-22-1998)

Cross reference— Businesses, ch. 8.

The Extraction District is to be used initially for the purpose of mining, or quarry type operations. Recreation, high intensity and light industry uses may be permitted contemporaneous with or following the extractive use.

(Ord. No. 97-172, § 3(ch. 13, § 02.243), 12-31-1997; Ord. No. 00-065, § 1, 10-24-2000; Ord. No. 14-067, § 1, 7-22-2014)

The Historic Overlay District places additional standards on uses within the district. The preservation and protection of buildings, structures, sites, objects, districts and landscape features of historic, architectural, cultural, archeological, educational and aesthetic merit are public necessities and are in the interest of the health, prosperity and general welfare of all citizens of the County. Criteria for inclusion in the H District are set forth in Article 15.

(Ord. No. 97-172, § 3(ch. 13, § 02.244), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

The Hometown Overlay District is intended to perpetuate and enhance the character of early settlement areas, hamlets, villages, and pre-World War II subdivisions. Many of these communities have unique characteristics that do not conform to modern zoning standards, but still possess qualities making them viable and attractive places to live and work. The purpose of the overlay district is to ensure that infill, redevelopment, and changes to the zoning pattern are compatible with the existing community. Each district will require its own community redevelopment plan that may address such issues as land use, dimensional characteristics, protected resources, and amenities, and other features, as appropriate. Future development will conform to the established character of the community as defined in the plan instead of adhering strictly to modern zoning standards. Communities in the unincorporated areas of the county identified in Chapter 10 of the 1997 New Castle County Comprehensive Development Plan Update as well as Claymont; and, incorporated areas regulated by this Chapter shall be eligible for the overlay district.

(Ord. No. 03-107, § 1(Exh. A), 3-23-2004; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

A.

The Economic Empowerment District (EED) is intended to create a master planned, campus-like setting consisting of target industry uses as identified in the 2014 Economic Development Strategic Plan, as may be amended or updated, comprising corporate headquarters, high technology offices, research and/or light assembly centers, or master planned employment centers.

B.

The EED also may be used to transition existing industrial/office campuses to accommodate the expansion or re-use of target industries with streamlined reviews.

C.

The ordinance establishing each EED will clearly define anticipated future uses and create development standards and design features to facilitate long-term, sustainable job growth for the County at that location, while protecting surrounding neighborhoods.

D.

The EED will complement and enhance features of the UDC with respect to bulk and area standards and design guidelines that require more specificity to accommodate the unique types of development and uses anticipated within an EED.

(Ord. No. 16-066, § 2, 1-10-2017)

A.

The Neighborhood Preservation Overlay District (NPOD) designation is intended for residential communities that are dealing with issues of infill and proximate nonresidential development or redevelopment that could have a deleterious impact on the residential areas.

B.

Once established, the NPOD will encourage economic development, placemaking, and healthy communities in a way that protects the character of existing neighborhoods.

C.

The NPOD will establish complementary development regulations and standards that will focus on the existing residential neighborhood character and emphasize compatible building heights, setbacks, massing, building orientation, off-street parking, roof line and pitch, signs, lighting, open space, and streetscape elements.

D.

As an overlay zone, the NPOD will provide standards and design features to protect and safeguard the established surrounding residential community.

(Ord. No. 16-067, § 1, 1-10-2017)

A.

This district shall only include publicly owned, governmental parkland and nature preserves, or any other land owned by Municipal, County, State, and Federal governments for the purpose of environmental protection, habitat protection, passive recreational uses, or active recreational uses.

B.

Except for County and Federal owned parcels, rezoning of parcels to the Publicly Conserved Lands & Parks (P) district is subject to the requirements and standards for a rezoning amendment application in Article 31, and shall only occur at the request of the property owner. County and Federal owned parcels may be rezoned to the Publicly Conserved Lands & Parks (P) district as County-initiated Rezonings or part of a comprehensive rezoning.

C.

On or before July 1 of each year, the Departments of Land Use and Public Works shall jointly advise County Council if within the past year any new parcels in the unincorporated County satisfy the above criteria, and which are therefore qualified to be rezoned to the P designation.

(Ord. No. 24-130, § 1, 3-25-2025)