What we didn’t tackle in this update.

1. What we didn’t tackle in this update. • Non Conforming Uses • Sign Code • Parking Code • Conditions for Cluster Development • Historic Preservation • Airport Environs Zones

2. Definitions Section • We removed a lot of definitions and either moved them to the use description section after the permitted use table or removed them completely if they were not being used in the zoning code. • Clarified some wording- basement, buffer, comprehensive plan, height, lot line. • New definitions: • Commercial Vehicle and Recreational Vehicle. • Controlled-access Highway • Disabled person • Energy System-Large Scale Solar and Wind • Small Cell Telecommunications • Stealth Telecommunications • Animal Unit/Bird Unit, domestic fowl, domestic pet, livestock

3. Zoning Districts • All descriptions remain unchanged, but are grouped at beginning of Article III General Provisions • Any discussion on uses has been moved to a permitted use section (Article V). • All setbacks, accessory structures, and heights have been moved to Article VII. • Added RV Prohibited Activities, portable storage units. • Clarified details on security, barbed wire fences • ECHO’s moved uses descriptions, conditions, and admin. process.

4. Zoning Articles • All formatting has been changed so that they each district is not described separately in their own article. • In Article V, we now have a chart listing all possible uses and how they are allowed in each district. • Each use category has a detailed description and references to the NAICS code. • All bulk and area requirements have their own Article (VII).

5. Permitted Use Table • We are now referencing the NAICS code, instead of SIC code. SIC is no longer being updated by federal government. • Uses are grouped by their type of use. • Agricultural • Residential • Institutional • Recreation and Open Space • Commercial • Industrial • Other Uses

6. Permitted Use Table • There are five (5) possible symbols to identify the process for any use: • “P” indicates a permitted use, where the use is permitted as a matter of right. • “PC” indicates a permitted use with specific conditions of approval. • “C” indicates a use is permitted with conditional use approval. • “CSP” indicates a use is permitted as a conditional use as described above and requires a site plan as part of the application. • “PC/C” indicates a use is permitted through an administrative review process but can be subject to formal conditional use review. Such uses also include specific conditions of approval.

8. Agricultural Use Changes • Agriculture/Farms no longer specifically conditioned at 10 acres in any zoning district. We now match state code for how to define this use. • New category called Agricultural Support and other Rural Services. For uses like taxidermy, greenhouses, butcher shops, etc. These will be “PC” in AC, AR, and BG. Conditions are in proposed §205-67.B. • Commercial Kennels have been added to BG as “PC”. This broad term now includes animal hospitals. • Dog Grooming no longer allowed in RS1, but is added as “P” in BN.

9. Ag. Uses that were once Conditional but are now Permitted with Conditions • Agricultural Extractive Use • Blacksmiths • Buggy Repair • Commercial Stables/Horse Training • Farm Tenant Houses • Farm Machinery Repair and Service (BG, IL, and IG too) • Hay, Grain & Feed Stores • Roadside Stands (but no longer allowed as “C” in RS1) • Stockyard • Tack and Harness Shops (separated from Comm. Horse Training)

10. Residential Use Changes • Accessory Dwelling Units no longer require neighbor notification if you meet all conditions. • ECHO units are no longer permitted in RS1, RS5, or RM. • Cluster Developments will no longer require a Conditional Use. They will be “PC”.

11. New in the code: Institutional Uses • Neighborhood and Regional Institutional – “CSP” in every district but Industrial. Includes uses like: • Day Care Centers • Museums and Historical Sites • Assembly and Worship • Death Care Services • Services Organizations / Non-profits • Residential Institutional with be a “C” in all districts but OC, IL, & IG. Includes uses like: • Nursing Homes and Care Facilities • Assisted Living Facilities • Halfway Homes or Orphanages • Convents or Monasteries • Fraternity or Sorority housing. • Rooming or Boarding homes. • Protective Care (i.e. jails or prisons) no longer allowed in RMH, BN, RS5, RM, or RS1.

12. Schools • Colleges specifically called out as own use. “CSP” in AC/AR and “P” in BG. • All other schools are now “PC” in all zoning districts. • Previously Private and quasi public schools required the conditional use process. • The only time a public or private school would require a conditional use would be if there is on-site residential uses or dormitories.

13. New in the code: Recreational Uses • We’ve created High Intensity and Low Intensity Recreational categories • High Intensity – • Commercial in nature. • “C” in AC, AR, and BN. “P” in BG • Uses like indoor swimming pools, bowling alleys, driving ranges, paintball, laser tag, trampoline facilities, pool halls, amusement parks, etc. • Low Intensity – • Open Space and passive recreation style uses • “P” in AC, AR, BN, & BG • Uses like nature areas, arboretums, tot-lots, country clubs, golf courses, outdoor swimming pools, playing fields, etc • Some of these uses were previously “C” in AC/AR like country clubs, swimming pools, and Private Membership Recreation like tennis clubs. • Added motorsports(racetracks) as “CSP” in AC, AR, IG, IL, & BG. Previously only allowed in IL or as commercial recreation in AC/AR.

14. Commercial Uses • Auctions will now be “P” in BG. Previously “C”. • Banquet facilities no longer “C” in RM, but now “C” in AC/AR and “P” in BN. Minimum of 5 acres required in AC/AR. • Bed-and-Breakfast now “P” in BN instead of “C” but no longer allowed in RS1 or RM. • Casinos now permitted in IL and BG as “CSP” • All general retail and service are “P” in BG & BN. That means uses like banks and fast food will no longer require a conditional use. • There is still a heavy commercial category that will require a conditional use for uses like freight services and lumberyards. • All contractors establishments have become “PC” in BG, IL, & IG • All motor vehicle uses are now together. All are “PC” in BG, IL and IG (expect sales in industrial). This means motorcycle sales, car washes, repair in IG, will no longer be conditional.

15. Commercial cont. • New use for Mixed use projects • Will allow for a commercial project to integrate some residential units into the design • Would strictly be for apartment style units; not stand alone homes. • Strict design and architectural standards • “CSP” in RM but “PC” in BN, BG, and OC. • Shopping centers • Neighborhood Shopping centers are under 75,000 sq. ft. and are “P” in BN and BG. • Regional Shopping centers are over 75,000 sq. ft. and are only allowed as a “CSP in BG.

16. Industrial • Now have a Heavy Industrial and Light Industrial category. Heavy is only allowed in IG, while Light is allowed in both. • Only potentially hazardous uses, recycling centers, and utilities are conditional uses. • Outdoor storage lots and Warehouses have been made “PC”.

17. Business/Industrial Parks • To acknowledge that these uses accommodate a wide range of businesses that go beyond traditional industrial manufacturing and warehousing uses, a new use is created as “PC” in BG, IL, & IG. • Would allow for light industrial and warehousing, but also recreational uses, offices, motor vehicle repair, contractors establishments, animal hospitals, breweries/distilleries, or agricultural support uses.

18. Other uses • Small scale wind and solar are “PC” in all districts. • Large scale wind and solar are considered minor utilities that are “CSP” in every district. • School Bus Parking is now “PC/C” in AC and AR instead of a conditional use. • Telecommunication towers are now “PC” and we’ve lessened the condition requirements.

19. Conditions • All PC, C and CSP will have these general conditions applied: • All applicable federal, state, and local licenses and/or permits for the specific use must be obtained and kept current. • Off-street parking is provided in accordance with requirements for the specific use and/or such other uses as may be proposed accessory to the primary use as listed in Article XVII, Parking. • Exterior lighting shall be shielded so that it is deflected away from adjacent properties and passing motorists. • A solid fence, wall or landscape screen shall be erected along all property lines as required by §187-79. • Signage for the use shall be consistent with the zoning district where the project is located as outline in Article XVIII. • All requirements, regulations and recommendations submitted by any agency as part of the Quality of Life notification shall be considered. • All known safeguards shall be implemented to ensure the protection of the air, water and soil of Kent County from pollution and degradation of quality. • The reviewing body may impose any other appropriate or more stringent conditions it deems necessary to protect the health, safety and welfare of the neighborhood.

20. Accessory Dwelling Units Changes • Clarified that open floor plan pole buildings, outdoor kitchens, and pool houses are NOT ADU’s • Accessory Apartments cannot be large than 50% of the main home or 1000 sq. ft., whichever is less. • No size restriction in finished basement. • Accessory Cottages cannot be a manufactured home and total building size must be smaller than home. • Must be on a numbered state or county road. • Maximum of 800 sq. ft. of living area. • Second story of detached building has no size limit. • A small second dwelling would be allowed but the 800 sq. ft. size limit includes any attached garage.

21. ECHO Program Changes • Revised definition emphasizes temporary/emergency use. • No longer allowed in RS1 Zoning District. (RS1 does not allow manufactured homes.) • No minimum size requirement; Maximum size equal to principal dwelling or 1,200 SF, whichever is less. • Allows max impervious coverage to increase up to 5% during the time ECHO is on site. • Expands removal period from 90 to 180 days. • Clarifies that ECHOs may not be built on site, and must meet construction standards of a manufactured home. • Familial relationship is limited to lineal descendants and antecedents, and siblings. • Clarifies that qualifying relative must be over 62 and unable to live independently. • Requires ECHO and principal dwelling to share a driveway entrance. • Limits compatibility requirements to complementing the principal dwelling and blending with the community, and requires skirting of the ECHO. • ECHOs to be placed no closer to the right-of-way than the rear elevation of the principal dwelling. • Clarifies that ECHOs are ADUs, and only one ADU is allowed per parcel. • Clarifies that new septic and well cannot be added for the sole purpose of servicing the ECHO.

22. Residential Use Conditions • Home Based Contractor • Ending hours of operation changed from 10PM to 9PM. • Removed setback of 30 ft. behind rear of home. Now same front setback as every detached building. • Added provision for attached garage. 40% of floor area of home. • Home Occupation • Clarified that in all cases 2 off-street parking spaces are required. • Added a wholesale auto sales office provision. No cars on site. • Planned Unit Development (PUD) • Lowered acreage to allow on 20 ac. minimum, instead of 50. • Would allow density bonus up to 1 additional unit per acre and increased the amount of commercial area allowed from 5% to 10% with additional design standards met. • Added other required design criteria.

23. Small Scale Wind and Solar Conditions • Ground Mounted solar. • Not in front yard unless 100’ back • 5’ from side and rear lot lines. • Max. height of 20’ • Must be accompanied by a principal use. • Wind • Setback the height of tower plus max. height of blade. • In no case taller than max. height of a principal non-residential structure for district. • No higher than 5 decibel increase and 60 decibel sound limit at lot lines. • No signage or advertising

24. Telecommunication Tower Condition Changes • Location requirement no longer includes properties that can meet 1,000’/1,500’ limit. Was waived by Levy Court in every case. • Full engineering report no longer required, but some documentation about towers in the area still must be provided. • Small Cell technology has been added. Includes setbacks from residential units and height restrictions. • Stealth Telecommunications Facility has been added. If screened, obscured, and unseen will be allowed with admin. approval.

25. Area and Bulk Updates • In Growth Zone with Central Sewer: • Increased Impervious by 5% in AC/AR/RS1. Road frontages on county roads reduced. • Removed 75’ front setback from major roads and simply state that all non-subdivision streets require a 40’ front setback. • Outside Growth Zone: • Setbacks reduced to front 30’, sides 15’, rear 30’. • Reduced setbacks in the non-residential districts. • 75% impervious in all non-residential districts. An increase in all districts except BG.

26. Accessory Structures • Can be up to 10% larger than the home including attached garages and covered porches. • Front porches can go into the front setback by no more than 6 ft. • Handicap ramps no longer have a setback. Can go right to the lot lines.

27. Animals • Currently only 4 animals of any type are allowed on a non-agricultural property. • Now would allow 4 dogs and cats on any lot. • 2 acres or more could have up to 6 dogs/cats • 5 acres or more could have up to 8 dogs/cats • In addition to those dogs & cats, you may also have an animal unit and a bird unit. • An animal unit describes a livestock type animal you can have on a non-farm property. • A bird unit describes domestic fowl that you may have on a non-farm property. • Each of these has their own acreage requirement. • If animal is not listed, Department can interpret what animal it is closest to. • Restriction on dangerous animals still applies.

28. Animal Units • One (1) animal unit is equal to: • 2 horses/mules/ponies/miniature horse/donkeys • 2 head of cattle • 4 swine • 4 llamas/alpacas • 3 turkeys/geese • 2 emus • Combination of animals permitted if ratio is maintained. • Allowed in AC/AR only. Acreage Requirements: • Under 2 acres = O animal units allowed • 2-5 acres = 1 animal unit • 5-10 acres = 2 animal units • 10 or more acres = 3 animal units

29. Bird Units • One Bird Unit is equal to one of the following: • 2 chickens • 2 ducks • 2 quail • No roosters • No zoning district restriction with the following acreage requirements: • ½ acre or less = 1 bird unit • ½ acre to 1 acre = 2 bird units • 1 acre or more = 3 bird units

30. Example # 1 • A 2.5 acre lot in the AR zoning district. • May have up to 6 dogs and/or cats • 3 cats and 3 dogs, or • 4 cats and 2 dogs • Allowed 1 animal unit • 2 horses, or • 4 pigs, or • 3 turkeys, or • 1 cow and 3 goats, or • 2 pigs and 2 alpacas • Allowed 3 bird units • 6 chickens, or • 2 ducks and 4 chickens, or • 3 quail and 3 chickens

31. Example #2 • A 12,000 sq. ft. lot in RS1 zoning district • May have up to 4 dogs and cats • No animal units permitted in this zoning district. • 1 bird unit permitted for lots less than ½ acre • 2 chickens/ducks/quail, or • 1 of each of two of these birds

32. Example #3 • 18 acre wooded lot in AC zoning • May have up to 8 dogs or cats • Allowed 3 animal units • 6 horses, or • 18 goats, or • 12 pigs, or • Any combination to equal the max. allowed • Allowed 3 bird units • 6 chickens, or • 2 ducks and 4 chickens, or • 3 quail and 3 chickens