Zoning Code Article IV
Section 1. Compliance Required.
No structure or land shall hereafter be used and no structure or part thereof shall be erected, reconstructed, converted, enlarged, moved, or structurally altered, unless in conformity with the regulations as set forth in this Ordinance.
Section 2. Location On Lots Required.
Every structure hereafter erected, reconstructed, converted, enlarged, moved, or structurally altered shall be located on a lot or lot of record and in no case shall there be more than one main structure on a single parcel unless otherwise provided by this Ordinance.
Section 3. Encroachments and Reductions of Lot Area Prohibited.
The minimum yards, height limits, parking spaces, open spaces, and lot area, required by this Ordinance for each and every structure existing at the time of the passage of these regulations or for any structure hereafter erected shall not be encroached upon or considered as required yard or open space for any other structure, except as hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations.
Section 4. Prior Construction of Accessory Structures.
No accessory structure shall be constructed upon a lot for more than six (6) months prior to beginning construction of the main structure. No accessory structure shall be used for more than six (6) months unless the main structure on the lot is also being used or unless the main structure is under construction.
Section 5. Uses Not Permitted are Prohibited.
For the purpose of this Ordinance, permitted uses are listed for the various Districts. All uses not specifically listed are prohibited.
Section 6. Tables Are Part of This Ordinance.
Height, area, and bulk regulations applicable to each District are contained in chart in Article V. The charts, and all of the notations and requirements which are shown in them or which accompany them, shall be a part of these regulations and have the same force and effect as if all of the notations and requirements were fully set forth or described herein. The regulations contained in the charts are supplemented or modified by regulations contained in other Articles of this Ordinance.
Section 7. Incorporation By Reference.
Height, area, bulk, and parking and loading regulations applicable to each District are contained in charts or tables in Articles V, VIII, and IX. The chart or table, and all of the notations and requirements which are shown in them or which accompany them, shall be a part of these regulations and have the same force and effect as if all of the notations and requirements were fully set forth or described herein. The regulations contained in the charts or tables are supplemented or modified by regulations contained in other Articles of these regulations.
Section 8. Modification To Setback Requirements.
Where Districts abut, the height, bulk, and yard requirements of the more restrctive District shall apply.
Section 9. Density Determination.
All lots, parcels, sites, and other divisions of land recorded after (date of Ordinance adoption) from an original lot, tract, or parcel of land described in the land records of Kent County, shall be counted (except for tidal wetlands) in determining the density of a parcel of land. The original parcel, except for tidal wetlands, is counted when determining density.
Section 10. Non-Tidal Wetland Determination.
All lots and parcels of land within the Critical Area must be examined for the presence of non-tidal wetlands by proper soil and vegetative investigations conducted for the applicant by a certified wetlands delineator using applicable local, State, and Federal standards and regulations. The Zoning Administrator, in concert with the U.S. Army Corps of Engineers and the Maryland Department of Natural Resources, shall make determinations in all other areas. The extent of non-tidal wetlands must be delineated on the plot plan, site plan, or subdivision plat. All site plan and subdivision development must be delineated for non-tidal wetlands.
Section 11. Uses Specifically Prohibited.
The following uses are prohibited due to their adverse impacts upon the community, its habitats, and water quality.
- Solid or hazardous waste collection or disposal facilities excluding approved waste water treatment facilities;
- Sanitary land fills;
- Multi-level, dry-stack boat storage.
- Manmade waterways within the Town boundaries.
- Residential dwellings in the Maritime Water-Dependent District.
- Adult Bookstore; Adult Nightclub, Bar, Restaurant, or similar establishment; or Massage Parlor. See Definitions.