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Delmar City Zoning Code

ARTICLE III

General Provisions

§ 10-6 Commission review and approval.

[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
In all districts defined within this chapter, the lot size and shape, and all architectural components of the structures to be constructed or altered, shall be subject to the review and approval of the Commission, which reports to the Joint Council for executive-level review, approval, and guidance. This review and approval process shall apply to all new construction and all remodeling projects that significantly change the external appearance of any primary structure. Property owners and developers shall take care to ensure that all provisions of this chapter are met and that the aesthetics, size, style, color, roof pitches, etc, are appropriate for the district and surrounding area (as viewed from the street directly in front of the lot, with primary emphasis on the adjacent properties). It is especially important to protect, preserve, and enhance the Town's quality of life, including its natural resources. For small single-lot residential projects, the Commission shall review a to-scale model drawing of the lot, showing the size and location of the primary structure, all accessory structures (e.g., detached garage, sheds, decks, patios, pools, driveways and parking spaces), essential utilities, easements and all major landscaping features (e.g., mature trees and shrubs, standing and flowing bodies of water, tax ditches, and any significant elevations changes). The Commission shall also review a sketch of what it can expect to see from the street when the project is complete, and if the primary features of the lot cannot be seen from the street, the Commission may also request additional sketches and written information needed to complete their understanding of the proposed project. Much more is required of larger projects (refer to Articles XXV and XXVI for details). The Commission may rely upon the Town Code Enforcement Officer's judgment in the field as to which proposed projects require further review and approval. The Commission and/or the Town Council or Commissioners by majority vote retains the discretion and right, when exercised in accordance with applicable law, to reject any petition seeking approval under, or change to, this Chapter 10, Planning and Zoning Regulations.

§ 10-7 Principal building or structure.

Within residential districts, no more than one principal (primary) building may occupy or be constructed upon any lot.

§ 10-8 Reduction in lot area.

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

§ 10-9 Accessory buildings.

Accessory buildings must meet the specifications set forth in each zoning district and are subject to the setbacks summarized there.

§ 10-10 Street access.

No building shall be constructed on a lot which does not have the required minimum frontage on a public street.

§ 10-11 Interference with pedestrians or vehicular traffic.

Outdoor advertising signs, structures of any type, recreational equipment, shrubs or trees shall not be installed or stored on any public sidewalk or street, nor shall they be permitted to protrude from any property over any public sidewalk or street in a manner which obscures, creates confusion or thus otherwise interferes with pedestrian or vehicular movement, traffic signals or signs.

§ 10-12 Vision clearance at corners.

[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
See § 10-163, Obstruction of view at intersection, of this chapter.

§ 10-13 Utility location.

Public utilities may be located in any district, subject to approval of the Commission and Public Works Department. In such cases, the following requirements shall be complied with:
A. 
Such facility shall be essential for the immediate area.
B. 
Open space surrounding the facility shall be suitably landscaped and maintained.
C. 
When such facilities area is located within any residential or commercial district, the storage of vehicles and equipment surrounding the facility shall be prohibited.
D. 
The facility shall not constitute a nuisance.

§ 10-14 Residential fences and walls.

A. 
Residential fences and walls are subject to limitations imposed by Article XXI, Fences and View Obstructions.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
B. 
All applicants for a fence or wall shall apply for and upon approval be granted a building permit. An application shall be made on a form prescribed by the Town. A copy of the drawing of the plans, with accompanying specifications, must be submitted with the application.

§ 10-15 Commercial fences.

All commercial property shall provide a privacy fence, unless otherwise stipulated by the Commission, of a material consistent with the building architecture at least six feet but not more than eight feet in height. A fence shall be erected to conceal various storage equipment/materials, dumpsters and any other materials normally found in commercial establishments. This fence shall be anchored in such a manner that it cannot become airborne during high winds and/or stormy conditions.

§ 10-16 Beautification mounds.

Beautification mounds may be acceptable in place of fences, subject to approval of the Commission. Beautification mounds may be elevated soil or sand material placed on properties in lieu of fences for beautification purposes. Beautification mounds and any vegetation planted thereon shall not exceed four feet in height nor be located within two feet of street lot lines; however, trees will be allowed to grow to their normal height, provided they are kept trimmed. Trees on corner lots with street intersections or curves along road rights-of-way must be trimmed to provide adequate vehicular visibility. Beautification mounds constructed less than 10 feet from the intersection of rights-of-way of two streets, including any vegetation or ornamentation, shall not exceed three feet in height. Beautification mounds shall be constructed so as not to divert normal drainage waters onto other private or public property.

§ 10-17 Permanent and temporary structures.

A permanent structure (see full definitions in Article II) is attached to the lot and not easily moved. Temporary structures are not attached and are easily movable. Principal (primary) structures are presumed to be permanent and accessory structures may be either permanent or temporary. The Town's Code Enforcement Officer shall review and approve all plans for new structures and shall determine if a building permit is required. No temporary structure may be used for residential purposes.
A. 
Temporary structures may be erected or installed as needed at construction sites. Prefabricated (or of similarly constructed quality) accessory structures (e.g., toolshed, doghouse, trailer) may be placed on the ground, within setbacks, behind the principal residential structure (i.e., in the rear yard).
(1) 
Construction Trailers require a permit, are deemed to be temporary by nature and can only be placed for the period of one year. The Planning and Zoning Commission can extend the period by one year increments at its discretion. The trailer must not be an eyesore and must remain in good condition for the duration of its placement. Trailers must be removed from the construction site when work is completed or stopped and prior to the issuance of a certificate of occupancy for the applicable property.
(2) 
Housing development sales trailers require a permit and are deemed to be temporary by nature. They are considered an ancillary use to a development during the building phase. Since each housing development building phase is different, the Planning and Zoning Commission will determine how long a sales trailer can remain in place, with a maximum length of time being not more than three years. At its discretion, the Planning and Zoning Commission can issue an extension of not more than three years when the previous period has lapsed. The trailer must not be an eyesore and must remain in good condition for the duration of its placement. Trailers must be removed from the site prior to the issuance of a certificate of occupancy for the last property or the lapse of the duration determined by the Planning and Zoning Commission.
B. 
A temporary moving structure (e.g., a PODS®) may be placed on a residential driveway or off-street parking space for a period of no more than 30 days in any calendar year; however, the Code Enforcement Officer may grant one thirty-day extension during said calendar year upon written request and a showing of good cause.

§ 10-18 Trailers; tents; motor homes; boats.

A. 
No house trailers, utility trailers, animal transport trailers, campers, recreational vehicles, tents, tarpaulins, motor homes or boats may be used as a residence or for permanent storage purposes.
B. 
House trailers, utility trailers, animal transport trailers, campers, recreational vehicles, motor homes or boats may be parked on any owner's property as long as all other provisions of this chapter are satisfied. However, these items may not be parked on any public street, except as noted in any governing traffic ordinance.

§ 10-19 Dumpsters.

Dumpsters may be parked at construction sites during construction, provided that such dumpsters must be removed from the construction site when work is completed or stopped and prior to the issuance of a certificate of occupancy for the applicable property.

§ 10-20 Nonconforming uses and structures permitted.

A. 
Except as herein specified, the use of any structure or land otherwise lawfully existing prior to the enactment of this chapter, or any amendment thereto, may be continued although such use does not conform to the current provisions of this chapter. Such usage shall be deemed to be grandfathered.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
B. 
Abandonment. Whenever a nonconforming use or structure has been discontinued or is inactive for a period of one year or more, such use or structure may not thereafter be reestablished and any future use or structure shall be in conformity with the provisions of this chapter.
C. 
Nonconforming use. Alterations of and additions to structures containing nonconforming uses shall not be permitted.
D. 
Nonconforming structures. Alterations of and additions to nonconforming structures are not permitted to that portion of the structure which does not conform to setback requirements. Repairs and internal alterations of a nonconforming structure shall be permitted; provided, however, that no repair shall be permitted to that portion of a paved driveway or paved sidewalk located within any street right-of-way where 50% or more of such portion requires repair.
E. 
Destruction. A building or structure of nonconforming dimension or use which is 50% or more destroyed by fire, explosion or act of God, as determined by the Code Enforcement Officer or Town Manager, or, if with a lesser percentage of destruction, condemned by the Town Engineer or Fire Marshal, may be rebuilt only if the rebuilt structure conforms to all the dimensional requirements of this chapter. Intentional destruction of a nonconforming structure is permitted and, if the structure is rebuilt, it must conform to all terms and conditions of this chapter.
F. 
A nonconforming use may not be changed to another nonconforming use without prior review of the Commission and approval of the Board, and any proposed new nonconforming use should attempt to reuse the existing structures, if in good general repair and appearance, and shall not introduce additional noise, traffic, or other activity that detracts from the intended character of that zone.
G. 
When any persons feel aggrieved by a decision of any governmental authority or representative respecting any nonconforming use, the matter shall be determined by the Board according to state laws as now in effect or hereafter amended or changed.

§ 10-21 Conflict with other laws.

A. 
Zoning Ordinance governs. Whenever the regulations made under authority of this chapter require a greater degree of compliance (e.g., width or size of yard, court, or other open spaces, or require a lower height of building or less number of stories, or require a greater area of lot to be left unoccupied) or impose other higher standards than are required in any other adopted international code, federal or state requirement or statue or local ordinance or regulation, the provisions of these regulations made under authority of this chapter shall govern.
B. 
Other statutes govern. Whenever the provisions of any adopted international code, federal or state statue or requirement or local ordinance or regulation require a greater degree of compliance than the requirements made under authority of this chapter, the provisions of those aforementioned codes, federal or state statues or requirements, or local ordinances or regulations shall govern.

§ 10-22 Interpretation of district boundaries.

A. 
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(1) 
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
(2) 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3) 
Boundaries indicated as approximately following Town limits shall be construed as following Town boundary lines.
(4) 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(5) 
Boundaries indicated as approximately following the center lines of streams or rivers shall be construed to follow such center lines and, in the event of change in the center line, shall be construed as moving with the actual center line.
(6) 
Boundaries indicated as parallel to or extensions of features indicated in the above shall be so construed.
(7) 
The scale of the Official Zoning Map shall determine distances not specifically indicated on the Official Zoning Map.
(8) 
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered above, the Commission shall interpret the zone boundaries.
B. 
Maps.
(1) 
If the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of changes and additions, the Town Council and Mayor or Town Commissioners and Mayor may, by resolution, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
(2) 
Any map adopted by the Town Council and Mayor or Town Commissioners and Mayor by resolution may correct clerical, drafting, or other errors or omissions in the prior Official Zoning Map without the necessity of a formal amendment.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
(3) 
However, no other correction may be made unless the same reflects an amendment to the Ordinance lawfully adopted by the Town Council and Mayor or Town Commissioners and Mayor.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
(4) 
To the greatest extent practical, outdated or superseded Official Zoning Maps, together with all records pertaining thereto, shall be preserved for a period of not less than 10 years.

§ 10-23 Firefighter emergency access.

To facilitate emergency worker access, high-occupancy building owners, assisted-living housing, and similar businesses shall install a Knox-Box® or equivalent.

§ 10-24 Restoration or removal of damaged or destroyed structures.

Any building or structure which is destroyed or damaged to an extent that, in the judgment of the Code Enforcement Officer, Town Manager or Mayor, that building or structure is uninhabitable or a hazard to public health or life or safety shall be removed from the premises or restoration begun within 30 days of formal written notification.

§ 10-25 Landscape maintenance.

Any development that has a landscaping plan approved by the Commission is required to maintain the landscaping per the approved plan. Property owners subject to a Commission-approved landscaping plan are free to request a plan revision from the Commission, but the Commission is not required to hear or approve any revision request.

§ 10-26 Waste containers for businesses and multifamily buildings.

Business and multifamily buildings shall install and maintain appropriate waste containment facilities. Dumpsters and other waste confinement structures shall be screened on three sides in building materials consistent with the architecture of the primary structure. All waste containers must be of a design and maintained to prevent the wind, animals, and other natural sources from scattering the container's contents.

§ 10-27 Stormwater management pond maintenance.

Stormwater management ponds must be maintained in order to serve their purpose as stormwater management tools. In addition to regular maintenance (cutting grass, maintaining integrity of walls, pipes, etc.) each stormwater management pond must have a working aeration device.