For the purposes of this chapter, the portions of the City of Newark included within the zoning map adopted under this chapter are hereby divided into 19 [20] types of districts as follows:

Said districts are as shown, defined, and bounded on the zoning map of the City of Newark, Delaware.

(Ord. No. 70-31, Art. III, § 1, 7-21-70; Ord. No. 76-4, Amend. No. 1, 1-26-76; Ord. No. 91-14, Amend. No. 4, 3-25-91; Ord. No. 09-07, Amend. No. 1, 2-23-09; Ord. No. 10-16, Amend. No. 1, 6-14-10; Ord. No. 16-05, Amend. No. 8, 1-25-16; Ord. No. 20-24, Amend. No. 2, 10-26-20)

The following table outlines the uses for each zoning category and classifies them as permitted, not permitted or permitted as a special use:

(Ord. No. 20-25, Amend. No. 1, 10-26-20)

(a)

The zoning map shall consist of a series of section maps which may be prepared and adopted separately. The section maps shall be designated as Section No. 1, Section No. 2, etc., of the zoning map. The section maps shall be filed in the office of the recorder of deeds, the City of Newark Department of Planning, city secretary, and the building department. All said maps and all explanatory matter thereon are hereby made a part of this code.

(b)

Certain land owned by the University of Delaware, hereinafter referred to as university, are zoned UN and certain lands owned by the university are zoned other categories under this zoning code. For administrative purposes, all university land shall be zoned either UN or UN/RT, UN/RS, or UN/ any other category under Section 32-5 of this zoning code. When any lands zoned UN/ are sold or leased by the university for purposes other than accessory uses as customarily related to the operation of the university, such lands shall automatically revert to the alternate zoning category designated such as /RT, /RS, or /other categories found under section 32-5 of this code.

(Ord. No. 70-31, Art. III, § 2, 7-21-70; Ord. No. 78-23, § 1a, 9-11-78)

(a)

After the date of adoption of the zoning map and of this chapter with any changes or amendments thereto, no building or premises or any part thereof in any section of the city to which the zoning map shall apply shall be used or maintained for any purpose other than a use permitted therefor by this chapter, with any changes or amendments thereto, for the district in which the building is located; except for building(s) or premises or any part thereof which the city owns or leases; such city-owned or leased building(s) or premises shall be occupied in a manner consistent with the purposes of this chapter; subleases of six months or greater duration of city owned and/or leased buildings or premises shall be subject to city council approval.

(b)

Existing nonconforming uses and nonconforming buildings are exempt from these provisions to the extent provided in Sections 32-51 and 32-52 of Article XVI of this chapter.

(c)

Where an already improved lot is hereafter divided, the division must be effected in such manner as not to violate the provisions of this chapter applicable to said lot.

(d)

The specification, standards, provisions, and regulations noted within each zoning district shall apply in all cases to development, construction, or other improvements to property, except as otherwise modified in this chapter. The method of property transfer, whether by fee simple purchase, cooperative agreement, condominium, unit property, lease, or other legal transfer of ownership shall have no bearing whatsoever on the requirements and provisions set forth herein. If necessary to establish whether a proposed improvement to property meets the provisions of this chapter, the planning director shall require a submission of plans, drawings, etc., which show the lands in question, lot lines or other information as required. Lot lines may be required to be shown in condominiums, cooperatives, or other forms of property transfer or lease. The provisions of this chapter are to be enforced as if all condominiums, cooperatives, or other forms of property improvements, for sale or lease, are divided into individual lots or units. All condominiums (unit property) must conform to Title 25, Chapter 22 of the Delaware Code.

(Ord. No. 70-31, Art. III, § 3, 7-21-70; Ord. No. 77-46, 9-12-77; Ord. No. 82-8, Amend. No. 1, 2-22-82)

(a)

The district boundaries shall be as shown on the zoning map, the scale of the map and dimensions entered thereon to serve as guides. In general, along any particular street, districts shall be of uniform depth and their boundaries shall therefore parallel the street line at the distance shown on the zoning map. In other cases, they are intended to follow existing lot lines, street lines, the center lines of railroad rights-of-way, streams and nontidal watercourses, and the shorelines of lakes or ponds at mean water level, except where shown by dimension figures or otherwise.

(b)

In case of doubt or disagreement concerning the exact location of zoning district boundary lines, the determination shall solely lie with the city council after consultation and review by the city engineer and city planner.

(c)

All public streets not otherwise zoned shall have the same zoning district to the center line of the street as the adjacent zoning district.

(Ord. No. 70-31, Art. III, § 4, 7-21-70; Ord. No. 76-40, 9-27-76)