Sussex County Unincorporated, DE Zoning Ordinance

Except as otherwise provided herein, the lawful use of land or buildings existing at the effective date of this chapter may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more-restricted classification. Whenever a nonconforming use of land or buildings has been changed to a more-restricted use or to a conforming use, such use shall not hereafter be changed to a less-restricted use. The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this chapter.

[Amended 3-25-1997 by Ord. No. 1131; 10-12-2010 by Ord. No. 2152; 10-8-2019 by Ord. No. 2682]

Except as provided in § 115-20A(1)(h), manufactured homes in lawful use as single-family dwellings at the effective date of this chapter shall be subject to the following:

When a manufactured home is replaced, the manufactured home being replaced shall not be an older or smaller model than the manufactured home being replaced. A single section manufactured home may be replaced by a single section manufactured home; a single section manufactured home may be replaced by a multisectional manufactured home; a multisectional manufactured home may be replaced by a multisectional manufactured home; a multisectional manufactured home shall not be replaced by a single section manufactured home.

When a nonconforming manufactured home, existing either on a nonconforming lot or with nonconforming yards, is replaced, it shall be located on the lot in such a way so that, to the greatest extent possible, it conforms to all appropriate yard requirements.

[Amended 10-3-1989 by Ord. No. 619]

Any sign which becomes nonconforming as a result of amendments to this chapter may continue in use, but no permits for additional signs shall be issued for any premises on which there exists any nonconforming sign.

No building, land or portion thereof used in whole or in part for a nonconforming use in any district which remains idle or unused for a continuous period of two years, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located.

If a building is damaged by any natural causes, such as fire, wind or flood, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction are substantially completed within 12 months of the date of such damage.

A nonconforming use of a building or a nonconforming use of a nonconforming building may be extended either on the same lot or a contiguous lot under the same ownership at the time of enactment of this chapter if approved as a special exception by the Board of Adjustment, as provided in Article XXVII of this chapter, subject to the following special requirements:

The extension is for a use which is necessarily incident to the existing use.

Such extension shall not encroach on any of the setback or yard requirements for the district in which the use is located.

The estimated cost of any extension involved does not exceed 50% of the replacement value, as appraised by the County Board of Assessment, of the existing building to which it is incident.

Such extension shall have a floor area not to exceed 25% of the floor area of the existing building to which it is incident.

It will not impair the value of the adjoining property or adversely affect the character of the neighborhood.

Only one extension shall be permitted by the Board of Adjustment during the life of the nonconforming use.

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

Whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Adjustment after public notice and hearing and in accordance with the rules of the Board.

A building nonconforming only as to height, area or bulk requirements may be altered or extended, provided that such alteration or extension does not increase the degree of nonconformity in any respect.

A dwelling nonconforming as to use in an industrial district shall be considered as a conforming use in application of the height, area and bulk requirements of this chapter.

A nonconforming use in violation of a provision of the ordinance which this chapter amends or replaces shall not be validated by adoption of this chapter unless such use complies with the terms of this chapter.

All nonconforming uses located on land below the elevation of the one-hundred-year flood in the Coastal High-Hazard Area shall not be expanded.