Kent County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE I
Title, Application, Purpose, Interpretation
§ 205-1 Title.
This chapter shall be known and may be cited as the "Zoning Ordinance for Kent County, Delaware," and the map referred to herein shall be known as the "Official Zoning Map for Kent County, Delaware."
§ 205-2 Application.
A.
Conformance required. Except as hereinafter specified, no land, building, structure or premises shall be hereinafter occupied or used, and no building, other structure or part thereof shall be located, erected, reconstructed, extended, moved, enlarged, converted or altered except in conformity with the zoning regulations hereinafter provided.
B.
Territory affected. The provisions of this chapter shall apply to the unincorporated territory of Kent County, Delaware, including all submerged lands and water areas, and may apply to incorporated municipalities if, by appropriate actions of its governing body, such municipality elects to be included in its application. The regulations shall apply uniformly to each class or kind of structure or land except as hereinafter provided. In the event that any territory has not been specifically included within a zone, or in the event that any territory which is contained within the zoning jurisdiction of the incorporated towns becomes a part of the zoning jurisdiction of the County, such territory shall automatically be classified in the AC District until otherwise classified.
C.
Yard, open space, parking and loading requirements. No part of a yard or other open space or off-street parking or loading spaces which are required for any building under the provisions of this chapter shall be included as a part of the yard, open space, off-street parking or loading spaces which are similarly required for any other buildings.
D.
Lots. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that lot width or depth, front, side or rear yard lot area per family or other requirements of this chapter are not maintained except as specified by the provisions of this chapter. This section shall not apply when a portion of a lot is acquired for public use.
§ 205-3 Purpose.
The purpose of this chapter is, pursuant to the authority granted in Article 2, Section 23 of the State Constitution of 1897; Title 9, Delaware Code, Chapter 49, Part III; and Title 9, Delaware Code, Chapter 49, Sub Chapter II, to promote the health, safety, morals, convenience, order, prosperity and general welfare of the County residents; to provide adequate light and air; to promote the conservation of natural resources; to protect the groundwaters, surface waters and estuaries of the County; to prevent environmental pollution; to avoid undue concentration of population; to conserve and protect the value of property; to facilitate the adequate provision of transportation, water, sewerage, schools, recreation and parks; and to facilitate the initiation of the Comprehensive Plan and other public requirements.
§ 205-4 Interpretation.
In interpretation and application, the provisions of this chapter shall be:
A.
Considered as minimum requirements;
B.
Liberally constructed to protect the safety, health and welfare of the citizens of Kent County; and
C.
Deemed neither to limit or repeal any other powers granted under state statutes.
D.
The County Administrator is authorized to interpret the meaning of any provision contained in this chapter, to render official administrative determinations thereof on behalf of the County, and to enforce the application of any provision contained herein.
[Added 9-24-2019 by Ord. No. 19-18]