Chapter 40 of the New Castle County Code Unified Development Code

You can read the 793 page document here. Have a close look at pages 201 – 202, excerpted below:

Division 40.08.000. Purpose.
It is the purpose of this Article to provide for the regulation of lawfully nonconforming
situations and to specify those circumstances and conditions under which such nonconforming
situations shall be permitted to continue.
The zoning regulations established by this Chapter control the future use of land by
encouraging appropriate groupings of compatible and related uses. The regulations of this Article
permit nonconforming situations that result from the adoption of this Chapter to continue under
certain circumstances. While this Article permits nonconformities, it restricts further investments
which would tend to make a nonconforming situation more permanent.

Sec. 40.08.110. Changes in use of land.
A nonconforming use shall not be changed to any other nonconforming use. Any change in use must be in compliance with the use provisions of this Chapter.
Sec. 40.08.120. Discontinuance.
Whenever a nonconforming use is discontinued for a period of six (6) months, irrespective of the reasons therefore, such use shall not thereafter be reestablished and any future use shall be in accordance with this Chapter.

Also check out page 210:

Division 40.08.300. Certification.
Sec. 40.08.310. Certification of nonconforming status.
The status of any nonconforming situation may be determined by the Department after public notice or the Board of Adjustment after public hearing. An applicant may choose to apply either to the Board of Adjustment or the Department for a confirmation of nonconforming use. An applicant for Department certification shall submit a written request for the certification of legal nonconforming status, which shall include a fee set forth in Appendix 2 of this Chapter and the submission of evidence to substantiate the legal existence of the nonconforming situation. The Department shall cause notice of the request to be published in the next available Saturday edition of the News Journal. The notice shall provide that the general public shall have twenty (20) days from the date of publication to submit written comments regarding the existence of the nonconforming situation to the Department. The Department shall also notify by regular mail, adjacent property owners, who shall have twenty (20) days from the date of the notice to submit written comments regarding the existence of the nonconforming situations to the Department The Department may, at any time during the certification process, determine that the request and evidence submitted in support thereof is not sufficient to permit a finding that the applicant has established an entitlement to a lawful nonconforming situation. When such a finding is made, and upon the payment of the required fee, an applicant may request that the Board of Adjustment consider the nonconforming status issue.

Listen to the public comments regarding The Refuge at the New Castle County Council meetings listed below:

Public comments at the June 25, 2019 New Castle County Council meeting
Public comments at the July 9, 2019 New Castle County Council meeting
Public comments at the July 16, 2019 New Castle County Council Land Use Committee meeting
Public comments at the September 10, 2019 New Castle County Council meeting
Councilman Bill Bell’s comments at the September 24, 2019 New Castle County Council meeting

Link to New Castle County Council Minutes and Audio Library

  • Karen says:

    We need everyone to stay engaged. Although a few of the community members have spoken at County Council on more than one occasion, The effect of having a changing cast of characters speak at County Council meetings would be enormous. Believe me, they are taking notice. Let’s turn up the heat. Come to County Council Meetings.

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