Within residential districts no more than one principal building with its customary accessory buildings may occupy or be constructed upon any lot of record.

No lot may be reduced in area below the minimum lot areas as specified herein for the district within which it is located.

Except as herein provided, no accessory building, except a garage, shall be located closer than ten feet to a principal building or to any other accessory building. Accessory buildings may be located in rear yards to within seven feet of a rear or side lot line.

No building shall hereafter be constructed on a lot that does not have frontage on a publicly dedicated, accepted and maintained street, or a private street that conforms to accepted street standards of the city.

In any district, no outdoor advertising sign or structure or tree shall protrude from any property over any street or create confusion around, or otherwise interfere with traffic or traffic signals.

No fence, building, sign, planting or obstruction above a height of two and one-half feet shall be maintained within 20 feet of the intersection of the right-of-way lines of two streets.

On corner lots fronting on more than one street, the minimum front yard shall be provided for each street in accordance with the provisions of this chapter.

Utilities such as sewage and water treatment plants and pumping stations and standpipe for public water supply may be located in any district. In such cases the following requirements shall be complied with:

(a)

Such facilities shall be essential for the immediate area or for the proper functioning of the total utility system of which they are a part.

(b)

Any building or structure except an enclosing fence, shall be set back at least 50 feet from any property line.

(c)

Open space on the premises shall be suitably landscaped and maintained.

(d)

When such facilities are located within any residential or commercial district, the open storage of vehicles and equipment on the premises shall be prohibited.

(e)

The surrounding area shall not be adversely affected by noise, odor, glare, dust, fumes, gas, smoke or vibration.

(f)

Suitable fencing of the utility may be required.

(g)

Such facilities are not permitted in the historical district.

The temporary use of construction trailers for office and commercial purposes only at a construction site shall be permitted if a special exception is granted by the board of adjustment. Permanent storage trailers are not allowed.

Nothing in the chapter shall prevent the strengthening or restoration of a wall or a structural member in a nonconforming building when such action is lawfully directed by authorized official of the City of Delaware City for the interest of safety or health.

Junk yards shall not be permitted in any district.

The following signs are strictly prohibited: Billboards, roof signs, animated signs, and balloon signs.

Except as herein specified, the use of any building or land existing at the time of the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.

No nonconforming use may be changed to another nonconforming use.

Repair and alteration of nonconforming uses shall be permitted; provided that no nonconforming use shall be enlarged or enhanced in any way and that no nonconforming use may be enhanced by combining with a conforming use.

A nonconforming building which is destroyed by fire, explosion or "Act of God" may be rebuilt and used for the same purpose, provided that:

(a)

The reconstruction of the building is begun within six months of the date the building was destroyed and is carried through to completion without undue delay. The board of adjustment may grant an extension of not exceeding an additional six months within which the reconstruction may be commenced in any case where the delay has been the result of causes outside of the control of the owner of the building.

(b)

The reconstructed building does not exceed in height and area the building destroyed.

(c)

If the building is nonconforming due to a use that is not appropriate for the zoning district, a special exception must be granted by the board of adjustment to allow use for the same purpose. For such, reconstruction is to begin within six months of the order of the board of adjustment.

Whenever a nonconforming use has been discontinued for a period of six months, such use shall not thereafter be re-established, and a future use shall be in conformity with the provisions of this chapter. As for any existing sign, as defined in article X of this section, that is non-conforming and subsequently destroyed, for any reason, the use is forever destroyed and may not be re-established for any reason.

(Ord. No. 16-1017-01, 11-21-2016)

Nothing contained in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the actual construction of which has begun. Actual construction is hereby defined to mean the completion of the foundations of the structure except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual, provided that work shall be diligently carried on until completion of the building involved.

Neither refining nor storage of flammable, explosive or carcinogenic materials nor the manufacture or storage of gunpowder and fireworks is allowed in any district except as follows:

(a)

Motor fuel storage and use at approved automobile service stations and marinas.

(b)

Unloading, storage and loading of fuels and products having DNREC permits at the loading docks in the M-1 District.

(c)

Quantities of gunpowder for personal recreational use.

(d)

Products for personal, household or recreational use.

A private garage constructed as an accessory use in a residential district shall be subject to the following special provisions in regard to its location:

(a)

It may be constructed within a rear yard provided it is distant at least seven feet from the side lot.

(b)

In the case of a corner lot, it shall be distant at least seven feet from the rear lot line, except that, if more than 50 percent of a private garage extends within that half of the rear lot nearest the side street, it shall set back from the rear lot line a distance equal to the required minimum width of a side yard for the district within which it is located.

(c)

Upon mutual agreement between property owners, party-wall private garages may be built across a common lot line.

(d)

An attached private garage shall be subject to the yard requirement of the principal building.

(e)

A private garage or group of private garages accessory to garden apartments shall, however, in exception to the above provisions of this section, be distant at least ten feet from any side or rear lot line.

(f)

Community garages when built on the same lot as a principal building shall be located in conformance with the requirements of this section for private garages, but when built as the principal use on a separate lot they shall conform to the setback provisions for a principal building for the district within which it is located and with the side yard and rear yard provisions for a private garage as given in paragraphs a and b of this section; in any case there shall be a distance of six feet between separate structures housing such garage space.

(g)

Community garages when built as the principal building on a separate lot require a special exception of the board of adjustment.

A commercial parking lot shall be subject to the following provisions:

(a)

No commercial parking lot shall hereafter be erected or placed within 100 feet of any residential section.

(b)

No commercial parking lot shall have an entrance or exit connected with a public street at a point closer than 200 feet measured along the same street line in the same block of any church, library, charitable institution, school, college, nursing home or hospital and similar uses of any entrance or exit thereto.

Variances and special exceptions are subject to the following provisions:

(a)

Construction shall begin within 12 months from the date of an order of the board of adjustment or the variance or special exception is null and void.

(b)

When the board of adjustment grants an exception for a nonconforming use, this use must commence within 12 months or the exception is null and void.

Subdivisions are subject to the following provisions:

(a)

Each lot of a subdivision shall meet the minimum dimension, area and setback requirements for the district in which it is located.

(b)

Any portion of a lot that has been subdivided shall not be further subdivided for a period of five years from the date of the original subdivision. This provision does not apply to any lands zoned historic preservation and redevelopment (HPR).

(c)

A subdivision requires approval of a majority of all the members of council.

(Ord. No. 04-0920-01, 10-18-2004; Ord. No. 16-0620-01, 7-18-2016)

No fence, wall, or other open enclosure shall be erected on any property which does not comply with the following requirements:

(a)

A permit or other written approval of the city must be granted prior to the construction, alteration, replacement, or removal of any fence, wall, or enclosure, provided, however, that non-permanent edging less than one foot tall shall be exempt from this requirement.

(b)

Fences constructed within the Delaware City Historic District must also comply with the provisions of chapter 49 of the Code of the City of Delaware City and are subject to review and approval by the historic preservation commission.

(c)

No fence or other enclosure shall be erected or maintained in the public right-of-way without the written approval of the city.

(d)

Fences in side or rear yards shall be no more than six feet high, measured from the surrounding grade.

(e)

Fences in front yards shall be no more that four feet high, measured from the surrounding grade, unless otherwise required by this chapter. Corner properties are considered to have two front yards, when directly abutting public streets.

(f)

No fence in, or directly abutting, a residential district shall be constructed which contains barbed or razor wire.

(g)

The finished side of any fence shall face outward from the property.

(h)

Fences shall be set back from the front property boundary the same distance as the minimum building setback requirement for the zoning district in which the property is located, or to the actual building setback, whichever is less. Corner lots are considered to have two front setbacks, provided, however, that the minimum setback for an open rail or picket fence no more that four feet high on the secondary frontage (side yard) shall be three feet.

(i)

For fences and walls within the historic district, the Delaware City Historic Preservation Commission may permit a lesser setback, without the need for a variance from the board of adjustment, or may require a greater setback when it deems necessary.

(j)

Fences located between the limits of the front or side façade plane of any principal use structure and an abutting public street shall be constructed of open rails or pickets (less than 80 percent solid), however open wire mesh may be installed on the property side of the fence for pet or child containment. Chain link, solid, privacy, or stockade type fencing is not permitted under this subsection.

(k)

Fences proposed for construction within the Delaware City Historic District shall be subject to design review and approval by the Delaware City Historic Commission, prior to the issuance of a permit, as provided in chapter 49 of this Code.

(Ord. No. 08-0128-01, 5-19-2008)