For the purpose of this chapter, the portions of Delaware City for which the zoning map is adopted under this chapter are hereby divided into the following 12 districts:

R-1 District (one-family residential)

R-2 District (one- and two-family residential)

R-3 District (multifamily)

R-MM District (manufactured/mobile home)

C-1 District (central commercial)

C-1L District (commercial low impact)

C-1M District (commercial marine)

C-2 District (general commercial)

OS-R District (open space and recreational)

OS-BA (open space and buffer area)

M-1 District (light industrial)

HPR District (Historic Preservation and Redevelopment)

(Ord. No. 23-0717-01, § 3, 12-18-2023; Ord. No. 24-0424-01, § 3, 7-15-2024)

The above said districts are as shown, defined and bounded on the "Zoning Map of Delaware City, Delaware," adopted by the mayor and city council and certified by the city manager. Said map and all explanatory matter thereon is hereby made a part of this chapter, and will hereinafter be referred as the "zoning map."

(Ord. No. 23-0717-01, § 3, 12-18-2023; Ord. No. 24-0424-01, § 3, 7-15-2024)

Where uncertainty exists with respect to the boundaries of any of the districts shown on the zoning map, the following rules shall apply:

(a)

Where district boundaries are indicated as approximately following the center lines of the streets, or street lines, such center lines or street lines shall be construed to be such boundaries.

(b)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be such boundaries.

(c)

Where the boundaries are neither lot lines nor center lines of streets, nor street lines, unless dimensioned or otherwise clearly indicated on the zoning map, they shall be determined by the use of the scale on said zoning map.

(Ord. No. 23-0717-01, § 3, 12-18-2023; Ord. No. 24-0424-01, § 3, 7-15-2024)

If, in accordance with the provisions of article XV of this chapter and chapter 3, title 22 of the State Code, changes are made in the zoning district boundaries, such changes shall be made on the official zoning map promptly after the change has been approved by the mayor and city council. 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.

(Ord. No. 23-0717-01, § 3, 12-18-2023; Ord. No. 24-0424-01, § 3, 7-15-2024)

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the mayor and city council may be resolution, adopt a new official zoning map.

(Ord. No. 23-0717-01, § 3, 12-18-2023; Ord. No. 24-0424-01, § 3, 7-15-2024)

(a)

Special use permit standards. Special use permits may be granted, but are not required to be granted, in the sole discretion of the city council. In considering whether to grant a special use permit, all of the following factors should be considered: (i) consistency with the Comprehensive Development Plan and the purposes of this chapter; (ii) consistency with the character of the neighborhood and greater City of Delaware City; (iii) consistency with zoning and use of nearby properties; (iv) suitability of the property for the uses for which it has been proposed or restricted; (v) effect on nearby properties, including, without limitation, the visual impact on adjacent lands; (vi) adverse effect on the area; and (vii) whether it is detrimental to the health, safety, convenience or public welfare of persons living within the City of Delaware City.

(b)

Special use permit procedures.

(1)

The owner or potential owner of the property must make written application for a special use permit, including plans, supporting materials, and payment of the application fee, to the mayor and the city council.

(2)

The application shall be forwarded to the planning commission for consideration and recommendation to the city council.

(3)

Thereafter, a public hearing on the application shall be held at the next available regular city council meeting, adhering to notice requirements, no sooner than three weeks following receipt of the recommendation of the planning commission, to allow time for the city council and the city engineer to review the application.

(4)

Any special use permit application must be granted by a majority vote of the city council members, with the mayor being permitted to cast the deciding vote in the event of a tie.

(Ord. No. 23-0717-01, § 3, 12-18-2023; Ord. No. 24-0424-01, § 3, 7-15-2024)