Kent County, DE Article III Districts and District Maps

§ 205-7 Division of County into districts.

[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. AC Agricultural Conservation. The purpose of the AC Agricultural Conservation District is to:

(1) 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) Foster environmentally sound development in areas of environmental concern;

(3) Allow for a variety of low-density planned residential and cluster developments in a rural setting; and

(4) Serve as a transitional/buffer zone between agricultural and residential uses.

B. AR Agricultural Residential. The purpose of the AR Agricultural Residential District is to:

(1) 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) Loster environmentally sound development in areas of environmental concern;

(3) Allow for a variety of low-density planned residential and cluster developments in a rural setting; and

(4) Serve as a transitional/buffer zone between agricultural and residential uses.

C. RS1 Single-Family Residential. The purpose of the RS1 Single-Family Residential District is to:

(1) 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) 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. RS5 Medium-Density Residential. The purpose of the RS5 Medium-Density Residential District is to:

(1) Encourage growth in areas where public facilities are located or can be reasonably extended;

(2) 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) Provide for areas of nonresidential use, recreational facilities and such neighborhood support facilities as are compatible with medium-density residential development.

E. RMH Residential Manufactured Home. The purpose of the RMH Residential Manufactured Home District is to:

(1) Provide for well-designated manufactured home parks and subdivisions in areas where public services are available; and

(2) Provide well-located areas within the County for the development of manufactured housing as an alternative to site-built housing in a suburban setting.

F. RM Multifamily Residential. The purpose of the RM Multifamily Residential District is to:

(1) Encourage variety in housing types and to provide for the highest residential district density considered appropriate for the environmental nature of the County;

(2) Require the provision of public water and sewer for all multifamily residential development; and

(3) Encourage higher-density development in areas well located with respect to major roadways, institutional uses, recreational facilities, shopping facilities and employment.

G. BN Neighborhood Business. The purpose of the BN Neighborhood Business District is to:

(1) Provide locations for commercial establishments offering general retail shopping and personal services compatible with residential uses; and

(2) Reduce transportation costs by providing retail and service uses adjacent to residential areas.

H. OC Office/Office Complex District. The purpose of the OC Office/Office Complex District is to:

(1) Encourage, promote and protect professional office development;

(2) 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) Serve as a transition area between low-, medium-, and high-intensity development.

I. BG General Business. The purpose of the BG General Business District is to:

(1) 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) 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. IL Limited Industrial. The purpose of the IL Limited Industrial District is to:

(1) 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) Provide for the development of industrial parks and research and development complexes;

(3) Provide employment opportunities in nonoffensive industries in close proximity to centers of population; and

(4) 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.

K. IG General Industrial. The purpose of the IG General Industrial District is to:

(1) Provide a wide variety of industrial uses, including those which may produce some objectionable conditions; and

(2) Concentrate more intense industrial uses in areas which would least impact neighboring land uses.

§ 205-8 Establishment; attestation; location. [1]

A. 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. 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.

§ 205-9 Changes to Official Zoning Maps.

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.

§ 205-10 Periodic review.

A. 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) Accordance with the objectives of the Comprehensive Plan.

(2) Development of new techniques or improved building practices which may be applicable in Kent County.

(3) Deficiencies or difficulties in the administration of the chapter and/or maps.

(4) Any other issues or areas of concern as determined by the local planning agency.

B. 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.

§ 205-11 Rules for determining district boundaries.

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. 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. 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.

C. Boundaries indicated as parallel to or extensions of features indicated in Subsections A and B above shall be so construed.

D. Where a boundary line is indicated as obviously not coinciding with property lines, center lines, municipal boundaries or other features as indicated in Subsections A through C above, the boundary shall be determined by the scale of the map.

E. 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.