Zoning, building permits and septic rules in Town of Bellefonte, Delaware

Town of Bellefonte’s own rules

• Local zoningPresent (with conditions)

  Land inside the incorporated boundaries of Bellefonte town (New Castle County, DE) under Ordinance 2024-03, Land Use Code (adopted 5.13.24). The Bellefonte Planning Commission, acting as zoning review board, administers zoning in the town.

  • Zoning review application must be approved by the Bellefonte zoning review board before a New Castle County building permit application (§ 1-02, § 1-12).
  • Appeals go to the Bellefonte board of adjustment (§ 1-02).
  • Land outside the incorporated boundaries is not covered by this code.

  “the bellefonte planning commission is charged with authority over land use and zoning in the town of bellefonte.”

• Zoning districtsPartial

  Zoning districts inside Bellefonte town under Ordinance 2024-03 (Land Use Code).

  • Districts defined in the text: R-1 (1- and 2-family), R-2 (multi-family), RMX-1 (residential mixed use 1) and MX-2 (mixed use 2) (Art. 2). No agricultural or rural-residential district appears in Article 2.
  • The official zoning map is adopted by reference (§ 1-05, § 1-10) but was not located as a published map during this research; value is partial for that reason.

  “the incorporated area of the town is divided into the zoning districts shown on the zoning map.”

• Subdividing landRegulated (with conditions)

  Subdividing, partitioning, combining or developing land inside Bellefonte town.

  • Parcels must be divided, partitioned or combined in conformance with the Land Use Code, whether by metes and bounds, subdivision or land development, and this applies to land offered for sale or lease (§ 1-06.a).
  • Subdivision that would create any parcel under 6,500 square feet is not permitted (as printed in the code's subdivision restriction preceding the § 3-04 table).

  prohibited subdivided parcel area: < 6500 sf

  “shall be permitted to seek or cause subdivision of any existing parcel of real estate where such subdivision would result in the creation of at least one subdivided parcel less than 6,500 square feet in area.”

• Permit processPublished (with conditions)

  Zoning review step before a building permit for construction inside Bellefonte town.

  • Step 1: complete and obtain approval of a zoning review application from the Bellefonte zoning review board (planning commission).
  • Step 2: apply to the New Castle County land use department for the building permit.
  • Appeals of zoning decisions go to the Bellefonte board of adjustment (§ 1-02).

  “in order to apply for a building permit from the new castle county land use department an owner or their authorized representative must first complete a zoning review application and get it approved by the zoning review board.”

Rules another office applies inside Town of Bellefonte

Town of Bellefonte does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Building permitRequired

  Building permits for construction inside Bellefonte town are issued by New Castle County's land use department (applies inside Bellefonte town only), after Bellefonte zoning approval.

  • A Bellefonte zoning review board application must be approved before applying for the county building permit (§ 1-12).
  • Construction must conform to the New Castle County building code and property maintenance code (§ 1-06.c).
  • Fee amounts for the county permit were not confirmed in this research.

  “building permits are issued by new castle county land use department. a zoning review board application approved by the town of bellefonte is required prior to applying for a building permit.”

• Building code adoptedAdopted (with conditions)

  Construction inside Bellefonte town; the New Castle County building code and property maintenance code are referenced by Bellefonte's Land Use Code (applies inside Bellefonte town only).

  • Bellefonte's Land Use Code requires conformance with the New Castle County building code and property maintenance code (per Ordinance 2016-03).
  • The county building code is the rule-maker; Bellefonte references it rather than adopting its own building code in this document.
  • Edition and effective date of the county building code were not confirmed here.

  “buildings and parts of buildings shall be erected, reconstructed, converted, enlarged, moved, or structurally altered in conformance with the provisions of this land use code and the new castle county building code and new castle county property maintenance code (per ordinance 2016-03).”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Bellefonte or New Castle County directly.

• Owner-builder exemption — Owner-builder permit exemption for work inside Bellefonte town.
• Inspections — Building inspections for construction inside Bellefonte town.
• Certificate of occupancy — Certificates of occupancy for new buildings inside Bellefonte town.
• Minimum dwelling size — Minimum dwelling size inside Bellefonte town.
• Living in an RV — Occupancy of recreational vehicles inside Bellefonte town.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.