This chapter shall be known and may be cited
as the "Zoning Ordinance for Kent County, Delaware," and the map referred
to herein shall be known as the "Official Zoning Map for Kent County,
Delaware."
A.
Conformance required. Except as hereinafter specified,
no land, building, structure or premises shall be hereinafter occupied
or used, and no building, other structure or part thereof shall be
located, erected, reconstructed, extended, moved, enlarged, converted
or altered except in conformity with the zoning regulations hereinafter
provided.
B.
Territory affected. The provisions of this chapter
shall apply to the unincorporated territory of Kent County, Delaware,
including all submerged lands and water areas, and may apply to incorporated
municipalities if, by appropriate actions of its governing body, such
municipality elects to be included in its application. The regulations
shall apply uniformly to each class or kind of structure or land except
as hereinafter provided. In the event that any territory has not been
specifically included within a zone, or in the event that any territory
which is contained within the zoning jurisdiction of the incorporated
towns becomes a part of the zoning jurisdiction of the County, such
territory shall automatically be classified in the AC District until
otherwise classified.
C.
Yard, open space, parking and loading requirements.
No part of a yard or other open space or off-street parking or loading
spaces which are required for any building under the provisions of
this chapter shall be included as a part of the yard, open space,
off-street parking or loading spaces which are similarly required
for any other buildings.
D.
Lots. No lot, even though it may consist of one or
more adjacent lots of record, shall be reduced in size so that lot
width or depth, front, side or rear yard lot area per family or other
requirements of this chapter are not maintained except as specified
by the provisions of this chapter. This section shall not apply when
a portion of a lot is acquired for public use.
The purpose of this chapter is, pursuant to
the authority granted in Article 2, Section 23 of the State Constitution
of 1897; Title 9, Delaware Code, Chapter 49, Part III; and Title 9,
Delaware Code, Chapter 49, Sub Chapter II, to promote the health,
safety, morals, convenience, order, prosperity and general welfare
of the County residents; to provide adequate light and air; to promote
the conservation of natural resources; to protect the groundwaters,
surface waters and estuaries of the County; to prevent environmental
pollution; to avoid undue concentration of population; to conserve
and protect the value of property; to facilitate the adequate provision
of transportation, water, sewerage, schools, recreation and parks;
and to facilitate the initiation of the Comprehensive Plan and other
public requirements.
In interpretation and application, the provisions
of this chapter shall be:
A.
Considered as minimum requirements;
B.
Liberally constructed to protect the safety, health
and welfare of the citizens of Kent County; and
C.
Deemed neither to limit or repeal any other powers
granted under state statutes.
D.
The County Administrator is authorized to interpret the meaning of
any provision contained in this chapter, to render official administrative
determinations thereof on behalf of the County, and to enforce the
application of any provision contained herein.
[Added 9-24-2019 by Ord.
No. 19-18]
