New Castle City Zoning Code
ARTICLE II
Establishment of Districts; Zoning Map
§ 230-2 Official Zoning Map.
[Amended 8-14-2001 by Ord. No. 400]
The City is hereby divided into districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.[1] Any area annexed to the City shall be classified Residential R-1 District and subject to the regulation thereof, unless the provisions of § 230-61 of this chapter have been met, or unless the property annexed is governed by the regulations applicable to certain annexed property set forth at § 230-66 of this chapter of the Code.
A.
The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and shall bear the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in § 230-2 of Chapter 230, Zoning, of the City of New Castle, Delaware," together with the date of the adoption of this chapter.
B.
If, in accordance with the provisions of this article and Chapter 3, Title 22, Annotated Code of Delaware, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map promptly after the amendment has been approved by the City Council, together with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council, the following (change) changes were made in the Official Zoning Map: (brief description of nature of change)," which entry shall be signed by the Mayor and attested by the City Clerk. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the Official Zoning Map. No amendment to this chapter which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map.
C.
No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this article. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this article and punishable as provided under § 230-65 of this chapter.
D.
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the City Clerk shall be the final authority as the current zoning status of land and water areas, buildings and other structures in the city.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
§ 230-3 Replacement of Official Zoning Map.
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature of number of changes and additions, the City Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The Planning Commission shall certify as to the accuracy of the new Official Zoning Map prior to its adoption by the City Council. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and shall bear the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Chapter 230, Zoning, of the City of New Castle, Delaware."
§ 230-4 Rules for 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 City limits shall be construed as following such City limits.
(3)
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(4)
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers canals, dykes, lakes or other bodies of water shall be construed to follow such center lines.
B.
In all cases where a district boundary divides a lot of record in one ownership, the following provisions shall apply:
(1)
In all cases where a district boundary is located not further than 25 feet from a lot line of record, such boundary line shall be construed to coincide with such lot line.
(2)
In all cases where a lot is of sufficient size to permit development in each of its component districts in accord with all provisions of this chapter despite being divided into two or more districts, zoning boundaries shall be as established on the Official Map.
(3)
In all cases where a lot is not of sufficient size to permit development in each of its component districts in accord with all provisions of this chapter, the lot shall be considered to be situated 100% within the district of highest restriction. Following is a list of the zoning districts arranged in descending order of restriction:
Open Space and Recreation OS&R | |
Agricultural - Horticultural AH [Added 12-9-1997 by Ord. No. 379] | |
Residential R-1 | |
Residential R-2 | |
Residential R-3 | |
Historic Residence HR | |
Historic Commerce HC | |
Retail Commercial RC | |
DG Downtown Gateway [Added 8-13-2013 by Ord. No. 477] | |
Service Commercial SC | |
General Commercial GC [Added 8-28-2001 by Ord. No. 401] | |
Light Industrial - Office LIO [Added 12-9-1997 by Ord. No. 379] | |
Industrial Office Park IOP [Added 12-9-1997 by Ord. No. 379] | |
Industrial I | |
Floodplain [Added 12-9-1997 by Ord. No. 379] |
C.
In all other cases, where dimensions are not shown on the Official Zoning Map, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.
E.
In interpreting the boundary of an HR District, residential properties abutting on either side of a street on which the boundary runs shall, with the exception of an HC District, be deemed to be included within the HR District.
[Amended 12-3-1991 by Ord. No. 337]
F.
The provisions of all other codes, ordinances and regulations shall be applicable insofar as they are consistent with the provisions of the requirements of the Floodplain District and the municipality's need to minimize the hazardous conditions and property damages resulting from flooding occurrences.
[Added 6-7-1977 by Ord. No. 222]
§ 230-5 Application of district regulations.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land and particularly except as hereinafter provided.
A.
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered (internally or externally) unless in conformity with all the regulations herein specified for the district in which it is located, except as specified in Article III of this chapter.
[Amended 12-3-1991 by Ord. No. 336]
B.
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.
C.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
D.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.