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Millsboro City Zoning Code

ARTICLE I

Title and Purpose

§ 210-1 Short title.

This chapter shall be known and referred to as the "Zoning Ordinance of the Town of Millsboro, Sussex County, Delaware."

§ 210-2 Applicability.

This chapter shall apply to the incorporated territory of the Town of Millsboro, Sussex County, Delaware.

§ 210-3 Purpose.

The purpose of this chapter is to establish a pattern for the use of land and buildings in the Town of Millsboro based on the Comprehensive Plan for the Town of Millsboro and enacted in order to promote and to protect the public health, safety, morals and the general welfare of the community. This chapter is intended to regulate the use of land within zoning districts; lessen congestion in the streets; secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; and facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Reasonable consideration shall be given to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality.

§ 210-4 Interpretation of standards.

The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed or required by this chapter, the provisions of such other laws, rules, regulations or resolutions shall control.

§ 210-5 Uses not expressly permitted; municipal functions exempted.

[Amended 2-2-2009; 11-6-2023]
A. 
All uses not expressly permitted in this chapter are prohibited. Without limiting or affecting the foregoing, and for purposes of clarity, the following uses are prohibited in all districts:
(1) 
Marijuana establishment, including a marijuana product manufacturing facility, marijuana testing facility, marijuana cultivation facility, and any retail marijuana store, as such establishments are defined in 4 Del.C. § 1302; and
(2) 
Any commercial establishment, such as a marijuana smoking lounge or cafe, that allows patrons to consume, smoke or partake in marijuana products.
B. 
Municipal functions of the Town of Millsboro are exempt from the provisions of this chapter.

§ 210-6 Time of compliance.

All requirements shall be met at the time of the erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures, whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.