Sussex County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE III
Provisions Applicable to All Districts
§ 115-11 Conformity required.
No building, structure or land shall hereafter be used and no building, structure or part thereof shall be erected, reconstructed, converted, enlarged, moved or structurally altered unless in conformity with the regulations as set forth in this chapter.
§ 115-12 Location and number of buildings on lots of record.
Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record, and in no case shall there be more than one main building on one lot unless otherwise provided for in this chapter.
§ 115-13 Encroachments; reduction of lot area.
The minimum yards, height limits, parking space and open spaces, including lot area per family, required by this chapter for each and every building existing at the time of the passage of these regulations or for any building hereafter erected shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations.
§ 115-14 Construction of accessory buildings prior to main building.
No accessory building shall be constructed upon a lot for more than six months prior to beginning construction of the main building. No accessory building shall be used for more than six months unless the main building on the lot is also being used or unless the main building is under construction. Lots located in an AR or GR District containing a minimum of one acre may be exempted from this provision if approved by the Commission.
§ 115-15 Prohibited uses.
[Amended 4-16-2019 by Ord. No. 2644]
For the purpose of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited. The Commission shall have the authority to determine whether a use shall be permitted because it is clear from the context of the lists or other regulations that it should be permitted due to its similarity to those uses that are listed as permitted.
§ 115-15.1 Calculation of permitted density in all districts. [1]
[Added 12-4-2018 by Ord. No. 2618]
For purposes of calculating the permitted density or allowable density in all districts, the gross area, as defined herein, shall be divided by the applicable lot area stated in each district, unless otherwise specifically set forth therein. "Gross area" shall include the lot areas and the area of land set aside for common open space or recreational use but shall exclude any area designated as a tidal tributary stream or tidal wetlands by § 115-193.
[1]
Editor's Note: Former § 115-15.1, Outdoor burning in Coastal Zone Area, added 12-13-1994 by Ord. No. 999, was repealed 5-13-11997 by Ord. No. 1137.
§ 115-16 Tables considered part of chapter.
A.
Height, area and bulk regulations applicable to each district are contained in a chart or table included at the end of this chapter. The table and all of the notations and requirements which are shown in it or which accompany it shall be a part of these regulations and have the same force and effect as if all of the notations and requirements were fully set forth or described herein. In general, the regulations applicable to a particular district are contained in the table to the right of the district name and between the same sets of horizontal lines which include the district name. Regulations which apply to more than one district are indicated by extension across horizontal lines.
B.
The regulations contained in the table are supplemented or modified by regulations contained in other articles of these regulations.
§ 115-17 Materials referenced in chapter.
Whenever reference is made in this chapter to any other ordinance, chart, table, schedule or regulation which itself is not copied herein, a copy of such ordinance, chart, table, schedule or regulation shall be kept on file in the office of the Director and be available for inspection and reference.
§ 115-18 Effect on governmental functions.
[Amended 9-13-1983 by Ord. No. 145; 3-13-1984 by Ord. No. 174; 4-3-1990 by Ord. No. 674]
Governmental functions of federal, state and municipal governments are subject to the provisions of this chapter. Governmental functions of the Sussex County government are considered exempt from the provisions of this chapter except where these functions are located within the flood-prone districts. Governmental functions of municipal governments in which Sussex County government participates financially and/or contractually are exempt from the provisions of this chapter.