[Amended 4-25-2023 by Ord. No. 23-06]
Due to the purpose of this chapter, the County
is hereby divided into the following zones:
A.Â
AC Agricultural Conservation. The purpose of the AC Agricultural
Conservation District is to:
(1)Â
Provide for a wide range of agricultural use and farm-related services
while providing for low-density residential development in areas that
are rural in character and where farming may not be the optimum land
use activity;
(2)Â
Foster environmentally sound development in areas of environmental
concern;
(3)Â
Allow for a variety of low-density planned residential and cluster
developments in a rural setting; and
(4)Â
Serve as a transitional/buffer zone between agricultural and residential
uses.
B.Â
AR Agricultural Residential. The purpose of the AR Agricultural Residential
District is to:
(1)Â
Provide for a wide range of agricultural use and farm-related services
while providing for low-density residential development in areas that
are rural in character and where farming may not be the optimum land
use activity;
(2)Â
Loster environmentally sound development in areas of environmental
concern;
(3)Â
Allow for a variety of low-density planned residential and cluster
developments in a rural setting; and
(4)Â
Serve as a transitional/buffer zone between agricultural and residential
uses.
C.Â
RS1 Single-Family Residential. The purpose of the RS1 Single-Family
Residential District is to:
(1)Â
Provide for low-density residential development of a suburban character
on lot sizes determined by the type of water and sewer service provided,
individual on-site well and septic or public water and County sewer;
and
(2)Â
Offer the possibility of a variety of housing types and life styles
to be harmonious with low-density residential and low-intensity compatible
agricultural uses.
D.Â
RS5 Medium-Density Residential. The purpose of the RS5 Medium-Density
Residential District is to:
(1)Â
Encourage growth in areas where public facilities are located or
can be reasonably extended;
(2)Â
Provide for medium-density single-family and multifamily residential
development on reduced size lots in areas where public facilities,
including water and sewer, are available; and
(3)Â
Provide for areas of nonresidential use, recreational facilities
and such neighborhood support facilities as are compatible with medium-density
residential development.
E.Â
RMH Residential Manufactured Home. The purpose of the RMH Residential
Manufactured Home District is to:
F.Â
RM Multifamily Residential. The purpose of the RM Multifamily Residential
District is to:
(1)Â
Encourage variety in housing types and to provide for the highest
residential district density considered appropriate for the environmental
nature of the County;
(2)Â
Require the provision of public water and sewer for all multifamily
residential development; and
(3)Â
Encourage higher-density development in areas well located with respect
to major roadways, institutional uses, recreational facilities, shopping
facilities and employment.
G.Â
BN Neighborhood Business. The purpose of the BN Neighborhood Business
District is to:
H.Â
OC Office/Office Complex District. The purpose of the OC Office/Office
Complex District is to:
(1)Â
Encourage, promote and protect professional office development;
(2)Â
Encourage the establishment and grouping of office complexes for
safer access, greater convenience and to prevent the development of
professional offices in healthy, mature residential neighborhoods;
and
(3)Â
Serve as a transition area between low-, medium-, and high-intensity
development.
I.Â
BG General Business. The purpose of the BG General Business District
is to:
(1)Â
Provide for a broad range of commercial activities and a variety
of large retail stores and related activities occupying prime retail
land and serving a regional community; and
(2)Â
Prohibit uses which may be detrimental to residential neighborhoods
and communities for reasons such as odor, smoke, dust, fumes, fire,
vibrations, noise or hazardous conditions.
J.Â
IL Limited Industrial. The purpose of the IL Limited Industrial District
is to:
(1)Â
Provide locations for the development of light- to moderate-intensity
industrial, office, warehouse, wholesale and research establishments,
which could be compatible with residential uses;
(2)Â
Provide for the development of industrial parks and research and
development complexes;
(3)Â
Provide employment opportunities in nonoffensive industries in close
proximity to centers of population; and
(4)Â
Provide for performance standards which would control and confine
offensive features, such as noise, vibration, heat, smoke, glare,
dust, odors and storage, to the premises and within enclosed buildings.
A.Â
The boundaries of the zones are shown on the Official
Zoning Maps of Kent County, Delaware, except for zones to be mapped
at a later date which, together with all notations and explanatory
materials, are hereby made part of this chapter, and along with amendments
thereto, shall be as much a part of this chapter as if fully described
herein. Boundaries of the RS5 and BC Districts are to be established
following proper rezoning procedures as specified by this chapter.
The Official Zoning Maps shall be signed by the President of the Levy
Court and attested by the Director of Planning Services, upon adoption.
Copies of the Official Zoning Map shall be kept on file by the Recorder
of Deeds of Kent County, and additional copies shall be kept on file
for public inspection in the Kent County Department of Planning Services,
Division of Planning.
B.Â
Any person desiring a copy of any sheet of said Zoning
District Map shall pay a reasonable fee, as established by the Levy
Court, for each copy thereof to the appropriate County official. Such
fees shall be applied to defray the cost of revising and printing
the District Map.
[1]
Editor's Note: The Official Zoning Map of Kent County, Delaware,
was replaced by an identical GIS-based Official Zoning Map 5-24-2011
by Ord. No. 11-11. This ordinance also provided that said map is available
for public inspection at the Department of Planning Services and on
CD-ROM upon request.
If, in accordance with the provisions of this
chapter, changes are made in zone boundaries or other matter portrayed
on the Official Zoning Maps, such changes shall be entered on the
Official Zoning Map promptly after the amendment has been approved
by the Levy Court. Drafting errors or omissions may be corrected,
but no changes in zoning district boundaries may be made except to
show amendments properly adopted by the Levy Court. Any unauthorized
change shall be considered a violation of this chapter.
A.Â
At least once every five years, the local planning
agency shall review the Zoning Chapter and the Zoning District Maps
to determine the need for amending the chapter or the maps, or both.
In a report to the Levy Court, the local planning agency will examine
the following:
(1)Â
Accordance with the objectives of the Comprehensive
Plan.
(2)Â
Development of new techniques or improved building
practices which may be applicable in Kent County.
(3)Â
Deficiencies or difficulties in the administration
of the chapter and/or maps.
(4)Â
Any other issues or areas of concern as determined
by the local planning agency.
B.Â
In preparing their report, the local planning agency
shall consult with County agencies responsible for the development
of the Comprehensive Plan and the administration of the Zoning Chapter,
and other such persons that the agency believes may contribute to
the review.
A district name or letter/number combination
shown on the district Zoning Maps indicates that the corresponding
regulations pertain to that district and that those same regulations
extend to the district boundary lines. Where uncertainty exists as
to the boundaries of zones as shown on the Official Zoning Maps, the
following rules apply:
A.Â
Boundaries indicated as approximately following the
center lines of existing or proposed streets, highways, alleys, easements,
rights-of-way or waterways shall be construed as following such center
lines.
B.Â
Boundary lines indicated as approximately following
property lines, municipal boundaries or County boundary lines shall
be construed as following such property, municipal or County boundary
lines.
E.Â
All areas within the limits of the unincorporated
area of Kent County which are under water are considered to be within
a zoning district and controlled by applicable district regulations.
District boundaries over water areas are located by noted or scaled
dimensions, by relations to physical features, by coincidence with
the County line or by a straight line projection of the district boundaries
over water areas shall be assumed to continue as straight lines until
they intersect with each other or with the County limit line.