To provide for the public health, security and general welfare.

To guide and direct the arrangement and location of uses in accordance with the Comprehensive Plan for the County.

To relate density of uses to the proper locations.

To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

To conserve the value of buildings and other structures.

To divide the County into zoning districts of such character, number, shape and area as are best suited to effect these purposes.

To conserve natural resources.

The Director or designee shall administer the day-to-day application of these regulations and shall report to and take direction from the County Administrator. The County Administrator shall have direct management and decisionmaking authority over the Department of Planning Services.

A structure or parcel of land in the County may not be used, designed, constructed or altered in any manner inconsistent with this chapter.

A temporary activity, such as a fair, circus, carnival, bazaar or similar activities (fundraiser, etc.), that does not have any permanent improvements shall be permitted in all zoning districts as a permitted use, provided that the activity does not occur more than seven consecutive days or a maximum of 14 days in a calendar year. Parking for the above-referenced activities will be exempt from off-site requirements contained in this chapter.

Yard sale (i.e., garage sale). A permitted temporary sales activity principally involving household items and/or consumer goods, conducted by the owner (or residential tenant) of real property upon said property which is residentially zoned. A yard sale is typically limited to a one-day event but not longer than two consecutive days. Provided, however, that such temporary sales activity shall, under no circumstances, last more than eight total days during any particular calendar year upon any real property.

Uses prohibited from this provision are commercial sales for vehicles, boats, appliances, furniture and related activities.

A temporary certificate of occupancy permit shall be required should a temporary structure such as a tent, ticket booth, concession stand, etc., be placed on the property in which the owner must comply with the following: the owner shall submit a plan to the Division of Inspections and Enforcement delineating all existing structures and any other pertinent information deemed appropriate for this permit. Example: Fire Marshal's approval will be required should a tent be placed on the site. The fee for this use shall be as set from time to time by ordinance of the Levy Court.

A temporary certificate of occupancy permit for off-site parking shall comply with the following: the owner shall submit a plan to the Division of Inspections and Enforcement delineating the proposed parking area, number of parking spaces and any other pertinent information deemed appropriate for the permit. Example: size of area to be utilized, number of days, date, etc. The fee for this use shall be as set from time to time by ordinance of the Levy Court[1] (DELDOT permission if applicable).

Upon issuance of the temporary certificate of occupancy permit the Building Official shall enforce any and all provisions attached to the permit. The department shall close out the permit 10 days after the expiration of the permit issued.

Should the land owner request an appeal regarding the Building Official's determination regarding these provisions, the appeal would be processed through the Kent County Board of Adjustment for a final decision.

Refuse and containers may not be visible from outside of the screening when viewed from ground level at the property line.

The height of the screening may not be less than that of the refuse or containers.

Whenever possible, refuse collection areas and storage and loading docks shall be located away from residential or residentially-zoned areas.

Refuse collection areas shall not be located in or adjacent to drainageways or storm drains.

Private piers, wharves, moorings, pilings and buoy installations shall comply with all applicable regulations of the Delaware Department of Natural Resources and Environmental Control and the Army Corps of Engineers.

The location of a pier, piling or buoy installation shall be designated by the Department of Planning Services, Division of Planning, provided that the choice of location is limited only to the option specified in Subsection C of this section that will cause the least interference to neighboring uses.

A pier, piling or buoy installation shall be located at least 15 feet from a line extended:

All retaining structures and landfills for the purpose of maintaining the natural shoreline or for the prevention of shore erosion shall be subject to the following provisions:

All retaining structures and landfills for the purpose of land beyond the natural shoreline shall be subject to special use approval, in addition to the following provisions:

Recreational vehicles shall not be considered dwelling units intended for permanent habitation unless being used as a temporary emergency residence.

For purposes of this section, evidence of human habitation shall include activities such as sleeping, setting up housekeeping or cooking, eating, recreating, running electrical cords, extension cords, hoses, cables, or other items to the vehicle, and/or any other activity where it reasonably appears, considering all the circumstances, that the vehicle is being used as a living accommodation.

Making a sewer connection with a recreational vehicle or dumping wastes from a recreational vehicle onto public or private land other than a designated RV waste dump station is prohibited.

Except as provided in Subsection B of this section, barbed wire or electrified fences are permitted only when used in connection with a farm operation.

Up to six strands of barbed wire along the top of a chain link or other nonbarbed wire fence at least six feet in height, but no taller than 10 feet, are permitted:

This section does not apply to:

Land may not be used partially or principally as a junkyard or a solid waste disposal facility.

Land may not be used for the parking, storage, collection, accumulation or abandonment of:

No more than two motor vehicles on any one lot may be exempted from this provision if the property owner can demonstrate that the vehicle is:

Parked vehicles which are mentioned above may not encroach into the front and side yard setback lines.

"Portable storage unit" means any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.

There shall be no more than one portable storage unit per lot. No portable storage unit shall remain on a lot in a residential district in excess of 60 consecutive days, unless the lot is the subject of an active building permit, in which case it may remain as long as the building permit is active. The Director may approve placement of the container in excess of 60 days or the placement of additional containers in cases of emergency, such as a natural disaster.

No portable storage unit as defined as defined above shall be placed at any one site in a residential district in excess of 60 days in any calendar year, unless the lot is the subject of an active building permit or an extension is approved by the Director.

The location of the portable storage unit shall not affect the health, safety and/or welfare of the neighborhood, including, but not limited to, blocking access to a fire hydrant or obstructing the view of street intersections.

To protect the health, safety and welfare of County residents, no aboveground fuel storage tanks, excluding fuel tanks used in conjunction with a structure's heating/cooling system, shall be located closer than 100 feet to any lot line, nor located closer than 300 feet to any dwelling not located on the premises.

Bulk storage of fuel shall be prohibited on all residential lots in all residential districts, except for a bona fide farm operation.

All fuel storage tanks, either above or below ground, must comply with all regulations established by the State Fire Marshal's Office and the Department of Natural Resources and Environmental Control. In a situation where County and state regulations conflict, the more restrictive regulations shall apply.

In order to effectively enforce the Ordinances of Kent County, any Code Enforcement Constables employed in good terms by the County government shall have full right of entry onto any property within the unincorporated territory of Kent County where a reported violation of any County Code is taking place. Entry of Code Enforcement Constables shall be limited to reasonable hours of the day.

If any owner, occupant or other person in charge of a property or structure subject to the provisions of this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the property, structure or premises where inspections authorized by this chapter are sought, the Code Enforcement Constables may seek in a court of competent jurisdiction an order that such owner, occupant or other person in charge cease and desist with such interference.

Any antique, collectible or classic vehicle must be covered by a building or vehicle cover.

Vehicles must be contained within a nonrevealing barrier, such as, but not limited to, a stockade fence, privet hedge or evergreen trees.

The property owner must provide the Division of Inspections and Enforcement documentation from an appraiser validating the automobile(s) is, in fact, an antique, classic or collectible should a dispute arise.

This provision shall not apply in subdivisions or on individual lots of less than 1/2 acre in area unless the vehicles are stored within a garage.

On lots of 1/2 acre or more, three antique, classic or collectible automobiles may be stored outdoors if the automobiles are covered and buffered from public view and proper documentation of the value is a matter of record.

No storage shall take place in a front yard.

Keeping of such animals shall not be permitted on lots smaller than 15,000 square feet in lot area.

No more than five such animals shall be permitted on a residential lot.

Poultry shall be registered with the Delaware Department of Agriculture.

Such animal shall be penned in a coop that shall be at least four square feet per animal.

All coops and/or enclosures shall be located in the rear yard and at least 25 feet from all side and rear property lines.

Any odor associated with the animals shall not be discernable from property lines.

Keeping of roosters shall be prohibited except on a farm property.

It shall be unlawful for any person to be in possession of any dangerous animal(s) within the unincorporated area of Kent County. The purpose of this section is to protect the health, safety and welfare of persons and property within Kent County's jurisdiction. These animals are incapable of adapting to human companionship and their possession by individuals as pets has proven to be a menace to emergency personnel, including firemen, police officers and utility workers, as well as the general public.

Exemptions.

Enforcement.