This chapter shall be known, referred to and cited as the "Zoning Ordinance of the City of Wilmington."

(Ord. 1324, passed 1-4-00)

The purpose and intent of this chapter is to regulate and control the development of land within the jurisdiction of the city. It is also designated to promote the health, safety and welfare of the general public. The chapter is designed to accomplish the following:

(A)

Support the goals, objectives and policies of the city comprehensive plan;

(B)

Provide for the establishment of zoning districts within which is established the use of land, or structures for residence, trade, or industry; the density of population; the height, the number of stories, the area, the size and the location of buildings, yards, courts and open spaces; the light and ventilation of buildings;

(C)

Lessen and avoid congestion by requiring off-street parking and loading zones;

(D)

Prevent and discourage the continuance of nonconforming uses and structures;

(E)

Reduce hazards due to flooding;

(F)

Preserve the character of each district of the city and its unique suitability for particular uses;

(G)

Preserve and enhance the taxable value of land, buildings and structures;

(H)

Prevent the undue concentrations of population;

(I)

Advance the social and economic stability of the city;

(J)

Ensure the adequate provision of public transportation, streets, highways, sewers, water mains, schools, recreation areas and other public facilities;

(K)

Safeguard the public health, safety and general welfare.

(Ord. 1324, passed 1-4-00)

The provisions of this chapter were originally adopted and became effective on January 4, 2000.

(Ord. 1324, passed 1-4-00)

(A)

Uses. No buildings or structures shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.

(B)

Permit. No application for a building permit or other permit or license, or for a certificate of occupancy, shall be issued by the building officer, and no permit or license shall be issued by any other city department, which would authorize the use or change in use of any land or building contrary to the provisions of this chapter, or the erection, moving, or alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter.

(C)

Lot and building requirements. No building or structures shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used unless such building and land meet the bulk and density requirements of the district in which the building or land is located as well as all other applicable regulations under this title.

(D)

New Construction—Minimum Dwelling Size. Exception—for land, buildings and structures annexed before January 1, 2005.

(1)

One Story. Must have a total that equals 1,400 square feet of finished living area, exclusive of garage, breezeway, porches, crawlspaces and basement.

A one-story dwelling shall be defined as a residence with only a first floor area exclusive of a basement area.

(2)

One and One-Half Story. Must have a total that equals 1,400 square feet of finished first floor living area, exclusive of garage, breezeway, porches, crawlspaces and basement and a total that equals 1,800 square feet in the dwelling as a whole, exclusive of garage, breezeway, porches, crawlspaces and basement.

A one and one-half story dwelling shall be defined as a residence with a first floor and a half story below, exclusive of garage, breezeway, porches, crawlspaces and basement but can include those buildings commonly referred to as multi-level, split level, bi-level or tri-level if they meet minimum square footage.

(3)

Two Story. Must have a total that equals 1,000 square feet of finished first floor living area, exclusive of garage, breezeway, porches, crawlspaces and basement and a total that equals 1,850 square feet of total living area in the dwelling, exclusive of garage, breezeway, porches, crawlspaces and basement.

(4)

Multi-level, Split level, Bi-level or Tri-level. Must have a total that equals 1,400 square feet of finished first floor living area, exclusive of garage, breezeway, porches, crawlspaces and basement and have a total that equals 1,800 square feet in the dwelling, exclusive of garage, breezeway, porches, crawlspaces and basement.

(5)

Condo, Multi-family, Town Home or Apartments.

(a)

Two Bedroom. Must have a total that equals 1,200 square feet of finished living area, exclusive of garage, breezeway, porches, crawlspaces and basement. If there is a second floor, a total that equals 1,850 square feet in the dwelling, exclusive of garage, breezeway, porches, crawlspaces and basement must be constructed.

(b)

One Bedroom. Must have a total that equals 1,000 square feet of finished living area, exclusive of garage, breezeway, porches, crawlspaces and basement. If there is a second floor, a total that equals 1,650 square feet in the dwelling, exclusive of garage, breezeway, porches, crawlspaces and basement must be constructed.

(Ord. 1324, passed 1-4-00; Am. Ord. 1644, passed 12-7-04)