The zoning regulations and districts as herein set forth have been made in accordance with a general comprehensive development plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health, morals and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout Delaware City.

A guiding principle has been maintaining the residential districts primarily residential with minimal commercial activity and the commercial districts primarily commercial with minimal residential activity while recognizing the historical nature of the downtown area and some mixed uses are beneficial to the community at large. A four-tier approval system was used to determine the required approval process for uses in each district based on the compatibility and potential impact in the district. The physical size of each district was also used when considering uses.

(1)

Allowed. Specifically permitted in a zoning district.

(2)

Board of adjustments approval needed. A variance from the Code that to allow a use that is not otherwise permitted. A variance request would require a public hearing at which the applicant would be required to meet the legal standard for a variance to be approved.

(3)

Special use permit required. Code designated uses that potentially have an adverse impact within a zoning district that require a special use permit for approval.

(4)

Not allowed. Incompatible with the character of a district and any use not specifically listed as allowed by conditions in subsections (1) through (3) above is not allowed without an ordinance that changes the code for that district.

(Ord. No. 23-0717-01, § 1, 12-18-2023; Ord. No. 24-0424-01, § 1, 7-15-2024)