Lewes City Zoning Code
ARTICLE I
General Provisions
§ 197-1 Title.
This chapter shall be known as the "Zoning Ordinance of the City of Lewes, Delaware."
§ 197-2 Authority.
This chapter has been made in accordance with the grant of power in Title 22, Chapters 3 and 7, of the Delaware Code.
§ 197-3 Purposes.
A.
Principal.
(1)
Pursuant to 22 Del. C. § 303, this chapter has been made in accordance with a Comprehensive Plan and is designed to accomplish the following:
(a)
Lessen congestion in the streets.
(b)
Secure safety from fire, panic and other dangers.
(c)
Promote health and the general welfare.
(d)
Provide adequate light and air.
(e)
Prevent the overcrowding of land.
(f)
Avoid undue concentration of population.
(g)
Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
(2)
Pursuant to 22 Del. C. § 303, the regulations contained in this chapter have been made with reasonable consideration, among other things, of the following:
B.
Implementation of the following core values of the City's Comprehensive Plan:
(1)
Lewes has a special and historic relationship with the sea.
(2)
Lewes is a community of diversity.
(3)
Lewes values its humane town scale and sense of face-to-face intimacy that is characteristic of its quality of life.
(4)
Lewes is a town of busy days and quiet nights.
(5)
Lewes recognizes and maintains its internal communities.
(6)
Lewes has unique historical origins and strives to highlight its heritage through design and architectural preservation.
C.
Maintenance of important characteristics that help to define "Lewes," including, but not limited to:
(1)
Enhancing and preserving the intrinsic qualities of its scenic byways. (Intrinsic qualities can be scenic, historic, cultural, natural, recreational and archaeological.)
(2)
Maintaining Lewes' urban gateways and access corridors, including Savannah Road, Kings Highway and New Road.
(3)
Maintaining the historic character of the City.
(4)
Preserving Lewes' open space.
§ 197-4 Applicability.
A.
This chapter shall apply to all land within the incorporated boundaries of the City of Lewes. It is intended that the extent of its applicability be automatically changed in accordance with the provisions of this chapter or provisions of state law which may affect its applicability.
B.
To avoid undue hardship, nothing in this chapter shall be deemed to require changes in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of the adoption of this chapter or prior to the effective date of the adoption of any amendment thereto and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastening in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding the building, such demolition or removal shall be deemed to be actual construction, provided that the work shall be diligently carried on until completion of the building involved.
§ 197-5 Components.
§ 197-6 Compliance required.
A.
Partition; combination; land development. Tracts, parcels, lots, or property shall be divided, partitioned, or combined, whether by metes and bounds, subdivision, or land development, in conformance with the provisions of this chapter. This provision also applies to land offered for sale or lease.
B.
Use. Buildings and land shall be used in conformance with the provisions of this chapter.
C.
Construction; reconstruction; alteration; relocation. Buildings and parts of buildings shall be erected, reconstructed, converted, enlarged, moved, or structurally altered in conformance with the provisions of this chapter.
D.
Yards and open space.
(1)
No structure shall be located; no existing structure shall be altered, enlarged, moved or rebuilt; and no open space surrounding any structure shall be encroached upon or reduced in any manner that does not conform with the yard, lot, area, and building location regulations designated for the zoning district in which such building or open space is located unless otherwise permitted.
(2)
A yard or other open space associated with a building on a lot shall not be considered as a required yard or open space for a building on any other lot.
(3)
All required yards and courts shall be open and unobstructed to the sky unless otherwise permitted.
(4)
All yards shall be maintained in good condition and, when required, landscaped.
E.
Height of buildings and structures.
(1)
General. No building shall be erected, reconstructed, or structurally altered to exceed the height limits designated for the zone in which such building is located, except as otherwise permitted.
(2)
Sloping lot. On any sloping lot, stories in addition to the number permitted in the zone in which such lot is situated shall be permitted on the downhill side of any building erected on such lot, but the building height limit shall not otherwise be increased above the maximum permitted height for the zoning district.
§ 197-7 Provisions are minimum requirements.
The provisions of this chapter shall be the minimum requirements for the promotion of the public health, safety, morals, convenience, order, comfort, prosperity, or general welfare.
§ 197-8 References to other codes, ordinances, and regulations.
A.
References to titles, sections, subsections, and other parts of the Delaware Code, Administrative Code, and state regulations shall apply to the code/regulations as existing or amended subsequently.
B.
References to titles, sections, subsections, and other parts of the Code of the City of Lewes or the Lewes City Charter shall apply to the Code/Charter as existing or amended subsequently.
C.
References to titles, sections, subsections, and other parts of other codes, laws, regulations, or policies shall apply to the codes, laws, regulations, or policies as existing or amended subsequently.
§ 197-9 Interpretation of language. [1]
A.
Certain words in the singular number shall include the plural number, and certain words in the plural number shall include the singular number, unless the obvious construction of the wording indicates otherwise.
B.
Words in the present tense shall include the past and future tenses, and words in the future tense shall include the present tense.
C.
The word "shall" is mandatory. The word "may" is permissive.
D.
The meaning of the word "used" shall include "designed" or "intended or arranged to be used."
E.
The meaning of the word "erected" shall include "constructed," "reconstructed," "altered," "placed," or "moved."
F.
The meaning of the terms "land use" and "use of land" shall include "building use" and "use of building."
G.
The meaning of the word "adjacent" shall include "abutting" and "adjoining."
§ 197-10 Interpretation of Zoning Map.
B.
Land created by changing level of water bodies. Land hereafter created by the filling or changing of the level of water bodies shall assume the zoning district of the contiguous land.
C.
Uncertainty as to boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the 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 City or county limits shall be construed as following City or county limits.
(4)
Boundaries indicated as following railroad lines shall be construed to be midway between the main track(s).
(5)
Boundaries indicated as following shorelines shall be construed to follow such shorelines. If the shoreline changes, the boundary shall be construed as moving with the actual shoreline.
(6)
Boundaries indicated as approximately following the center lines of streams, lakes, or other bodies of water shall be construed as following such center lines.
(7)
Boundaries indicated as parallel to, or extensions of, features described in this subsection shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
(8)
Where physical or cultural features existing on the ground differ from those shown on the Zoning Map, or in other circumstances not covered by this section, the Board of Adjustment shall interpret the zone boundaries.
D.
Errors or omissions. If, because of error or omission, the Zoning Map does not show a property as being in a zoning district, such property shall be classified in the least-intense zoning district until changed by amendment.
E.
Parcels split by zoning districts. Where a zoning district boundary divides a lot, tract, parcel, or property, the location of the district boundary, unless the Zoning Map indicates its dimensions, shall be determined by applying the map scale shown on the Zoning Map scaled to the nearest foot.
§ 197-11 Interpretation of uses.
A.
A use not specifically listed as permitted in a zoning district is prohibited unless determined to be comparable with, analogous with, akin to, or like a use permitted in that zoning district.
B.
Standards for interpretation.
(1)
The use closely resembles and contains the same characteristics as the uses in the zone to which it is to be added.
(2)
The use does not create dangers to health and safety and does not create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added.
(3)
The use does not create traffic to a greater extent than do other uses listed in the classification to which it is to be added.
C.
The determination of similar uses shall not apply to off-street parking or signs.
§ 197-12 Relationship to subdivision and land development.
It is intended that the provisions of this chapter be used in conjunction with Chapter 170, Subdivision and Land Development, of the Code of the City of Lewes.
§ 197-13 Relationship to prior zoning ordinances.
A.
Building permits.
(1)
Where construction has begun in accordance with a building permit validly issued more than six months prior to the adoption of this chapter, such construction may be completed as long as it complies with the zoning or subdivision regulations in effect at the time the permit was issued.
(2)
Where a building permit has been validly issued within six months prior to the adoption of this chapter, construction may be completed as long as it complies with the zoning or subdivision regulations in effect at the time the permit was issued and as long as construction begins within six months of the adoption of this chapter.
(3)
Construction is begun when excavation and the piers or footings of at least one or more buildings covered by the permit have been completed.
B.
Lots.
(1)
Provision. Any lot which was legally recorded and was a buildable lot under the zoning or subdivision regulations in effect immediately prior to the effective date of this chapter is a buildable lot under this chapter and does not require a variance to construct a single-family dwelling.
C.
Plats. Any final subdivision plat, approved by the Lewes Planning Commission during the six months immediately prior to the adoption of this chapter, may be recorded. Any lot, shown on such plat, shall be a buildable lot even though it may contain less than the minimum required area for any residential zone. However, the plat containing such a lot must be recorded within six months following the adoption of this chapter.
§ 197-14 Relationship to other regulations.
A.
In general. Where this chapter imposes a standard that differs from a standard imposed by other statutes, resolutions, ordinances, rules, regulations, easements, covenants, or agreements, the stricter standard shall govern.
B.
Conflict with other laws. Pursuant to 22 Del. C. § 307:
(1)
Wherever the regulations contained in this chapter require a greater width or size of yards or courts, or a lower height of building or less number of stories, or a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the regulations in this chapter shall govern.
(2)
Wherever any other statute, local ordinance or regulation requires a greater width or size of yards or courts, or a lower height of building or a lesser number of stories, or a greater percentage of lot to be left unoccupied, or imposed other higher standards than are required by the regulations in this chapter, such statute, local ordinance or regulation shall govern.
C.
Compliance with other applicable regulations. Compliance with the standards prescribed in this chapter does not relieve an applicant from compliance with other applicable statutes, resolutions, ordinances, rules, regulations, easements.
§ 197-15 Relationship to private agreements.
It is not intended that this chapter invalidate or annul any easements, covenants, or other private written agreements between parties.
§ 197-16 Annexation.
Land hereafter annexed to the City of Lewes shall be placed in an appropriate zone as a part of the annexation proceedings.
§ 197-17 Severability.
A.
The Mayor and City Council hereby declares that the sections, paragraphs, sentences, clauses, and phrases of this chapter can be separated from one another.
B.
Should a court decide that any section or provision of this chapter is unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part other that the part judged unconstitutional or invalid.