reglab/housing_qa huggingface dataset:
9 DE Code § 6910. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6910. Adoption by county government of zoning map and regulations; public hearings and notice; consultative hearings; resubmission to Commission.

§ 6910. Adoption by county government of zoning map and regulations; public hearings and notice; consultative hearings; resubmission to Commission. (a) Before the adoption of any zoning proposal or zoning regulations, the county government shall hold a public hearing in accordance with § 7002(m) of this title. (b) The county government may conduct consultative hearings prior to the required public hearing to aid it in determining the desirability of contemplated or recommended regulations. (c) No change in or departure from text or maps, as certified by the Commission, shall be made unless such change or departure shall first be submitted to the Commission for its approval or disapproval or suggestions. The Commission shall have 45 days from and after such submission within which to send its report to the county government, but the county government shall not be bound by the report. 9 Del. C. 1953, §  6910;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  64 Del. Laws, c. 78, §  3;
9 DE Code § 6911. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6911. Changes in zoning district; map or regulations; procedure.

§ 6911. Changes in zoning district; map or regulations; procedure. (a) The county government may, from time to time, make amendments, supplements, changes or modifications (herein called “changes”) in accordance with the comprehensive development plan with respect to the number, shape, boundary or area of any district or districts, or any regulation of, or within, such district or districts, or any other provision of any zoning regulation or regulations, but no such changes shall be made or become effective until the same shall have been proposed by or be first submitted to the Commission. (b) With respect to any proposed changes, the Commission shall hold at least 1 public hearing pursuant to § 6812 of this title. (c) Unless the Commission shall have transmitted its report upon the proposed changes within 45 days after the submission thereof to it, the county government shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Commission. In any event, the county government shall not be bound by the report of the Commission. Before finally adopting any changes, the county government shall hold a public hearing thereon pursuant to § 7002(m) of this title. Additionally, notice of the hearing by the county government shall be posted on the property itself. 9 Del. C. 1953, §  6911;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  64 Del. Laws, c. 78, §  4;
9 DE Code § 6912. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6912. Zoning coordination.

§ 6912. Zoning coordination. The Commission may cooperate with other planning and zoning commissions within Sussex County and within other counties and states, and with legislative and administrative authorities of incorporated or unincorporated municipalities, either within or without such County, with a view to coordinating and integrating the zoning of the County with the planning and zoning of other counties or states or of municipalities. The Commission shall also have power to appoint such committee or committees, and adopt such rules for the conduct of its business, as it may deem proper to effect such cooperation or to more expeditiously and effectively perform its functions. 9 Del. C. 1953, §  6912;  56 Del. Laws, c. 97.;
9 DE Code § 6913. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6913. Board of Adjustment — Appointment, terms and qualifications; removal; vacancies; compensation.

§ 6913. Board of Adjustment — Appointment, terms and qualifications; removal; vacancies; compensation. The county government shall appoint a Board of Adjustment of 5 members, subject to the same terms and qualifications as indicated in § 6803(c) of this title. 9 Del. C. 1953, §  6913;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;
9 DE Code § 6914. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6914. Board of Adjustment — Office and personnel.

§ 6914. Board of Adjustment — Office and personnel. The county government shall furnish the Board of Adjustment with necessary office space and other facilities. Subject to the approval of the county government, the Board may employ such secretarial and technical assistants as may be required to perform its functions properly. 9 Del. C. 1953, §  6914;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;
9 DE Code § 6915. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6915. Board of Adjustment — Rules governing organization, procedure and jurisdiction.

§ 6915. Board of Adjustment — Rules governing organization, procedure and jurisdiction. The county government shall provide and specify in its zoning or other regulations, general rules to govern the organization, procedure and jurisdiction of the Board of Adjustment, which rules shall not be inconsistent with this subchapter, and the Board of Adjustment may adopt supplemental rules of procedure not inconsistent with this subchapter or such general rules. 9 Del. C. 1953, §  6915;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  66 Del. Laws, c. 207, §  1;
9 DE Code § 6916. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6916. Appeals to the Board of Adjustment — Who may take; procedure.

§ 6916. Appeals to the Board of Adjustment — Who may take; procedure. (a) Appeals to the Board of Adjustment may be taken by any person refused a building permit, or from the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the zoning regulations. Appeals to the Board of Adjustment may be taken by any property owner, officer, department, board or bureau of the county affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning regulations. (b) The time within which such appeal must be made, and the effect, form, or other procedure relating thereto, shall be as specified in the general rules provided by the county government to govern the procedure of the Board of Adjustment or in the supplemental rules of procedure adopted by the Board. (c) Appeals taken to the Board of Adjustment may be referred by the Board of Adjustment to the Commission for its review and recommendations. 9 Del. C. 1953, §  6916;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  64 Del. Laws, c. 78, §  5;
9 DE Code § 6917. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6917. Appeals to the Board of Adjustment — Powers upon appeals.

§ 6917. Appeals to the Board of Adjustment — Powers upon appeals. Upon appeals, the Board of Adjustment shall have the power to:  (1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning regulations; (2) Hear and decide, in accordance with the provisions of any zoning regulation, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which the Board is authorized by any zoning regulation to pass; (3) Hear and decide requests for variances. The Board may grant a variance in the application of the provisions of the zoning ordinance or code only if all of the following findings are made:  a. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship or exceptional practical difficulty is due to such conditions, and not to circumstances or conditions generally created by the provisions of the zoning ordinance or code in the neighborhood or district in which the property is located; b. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance or code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property; c. That such unnecessary hardship or exceptional practical difficulty has not been created by the appellant; d. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and e. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the zoning ordinance or code. The Board is empowered in no case, however, to grant a variance in the use of land or structures thereon.9 Del. C. 1953, §  6917;  56 Del. Laws, c. 97;  69 Del. Laws, c. 82, §§  1, 2;
9 DE Code § 6918. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6918. Superior Court review of decision of Board of Adjustment; procedure.

§ 6918. Superior Court review of decision of Board of Adjustment; procedure. (a) Any persons jointly or severally aggrieved by a decision of the Board of Adjustment or any taxpayer or any officer, department, board or bureau of the County may present to the Superior Court in and for Sussex County, a petition duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the Court within 30 days after the filing of the decision in the office of the Board. (b) Upon the presentation of the petition, the Court may allow a writ of certiorari, directed to the Board of Adjustment, to review the decision of the Board of Adjustment, and shall prescribe therein the time within which a return thereto must be made and served upon the petitioner's attorney, which shall not be less than 10 days and may be extended by the Court. (c) The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order. (d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. The cost of the transcript of the hearing appealed from shall be the responsibility of the person appealing the decision unless said costs are allowed against the Board as provided in subsection (g) of this section. (e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the same to the Court with the referee's findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. (f) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (g) Costs shall not be allowed against the Board, unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. 9 Del. C. 1953, §  6918;  56 Del. Laws, c. 97;  64 Del. Laws, c. 78, §  6;  70 Del. Laws, c. 186, §  1;
9 DE Code § 6919. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6919. Violations of regulations; enforcement; remedies and penalties.

§ 6919. Violations of regulations; enforcement; remedies and penalties. (a) No person shall erect, construct, reconstruct, alter, maintain or use any building or structure or use any land in violation of any regulation in, or of any provision of, any zoning regulation, or any change thereof, enacted or adopted by the county government under the authority of this subchapter. (b) Whoever violates any such regulation, provision or change of this subchapter, shall be fined not more than $100 or imprisoned not more than 10 days, or both. (c) Each and every day during which such illegal erection, construction, alteration, maintenance or use continues shall be deemed a separate offense. (d) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used in violation of this subchapter or of any regulation or provision of any regulation or change thereof, enacted or adopted by the county government under the authority granted by this subchapter, the county government, the attorney thereof, or any owner of real estate within the county in which such building, structure or land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. 9 Del. C. 1953, §  6919;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  66 Del. Laws, c. 207, §  1;
9 DE Code § 6920. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6920. Nonconforming uses of land or structure.

§ 6920. Nonconforming uses of land or structure. (a) Nonconforming uses of land or structure may, except as provided in subsection (b) of this section, be continued although such use does not conform with the provisions of such regulations or change thereof, provided no structural alteration of such structure is proposed or made for the purpose of such continuance. (b) If the County acquires title to any property by reason of tax delinquency and such properties are not redeemed as provided by law, the future use of such property shall be in conformity with the then existing provisions of the zoning regulations of the County, or with any change of such regulations, equally applicable to other like properties within the district in which the property acquired by the County is located. 9 Del. C. 1953, §  6920;  56 Del. Laws, c. 97.;
9 DE Code § 6921. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6921. List of nonconforming structures and uses.

§ 6921. List of nonconforming structures and uses. Immediately after the adoption of any zoning regulations or changes by the county government, the Commission shall prepare and publish a complete list of all nonconforming structures and uses in the affected area and existing at the time of the adoption of the regulations. Such lists shall contain the names and addresses of the owner or owners of such nonconforming structures and uses and of any occupant, other than the owner, and list the nonconforming structure or use and applicable section of the zoning regulation. Any necessary corrections shall be made under a procedure prescribed by the county government, and copies of such list shall, when approved by the county government, be filed for record in the offices of the Commission and the Board of Adjustment. 9 Del. C. 1953, §  6921;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;
9 DE Code § 6922. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6922. Appropriations.

§ 6922. Appropriations. The county government may appropriate out of the general county fund such moneys, otherwise unappropriated, as it may deem fit to finance the work of the Zoning Commission and of the Board of Adjustment, and may enforce the zoning regulations and restrictions which are adopted, and may accept grants of money and service for these and other purposes, in accordance with this chapter, from either private or public sources, state or federal. 9 Del. C. 1953, §  6922;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;
9 DE Code § 6923. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6923. Conflict between zoning regulations and other laws.

§ 6923. Conflict between zoning regulations and other laws. Whenever any regulations made under authority of this subchapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute or local regulation, the provisions of the regulations made under authority of this subchapter shall govern. Whenever the provisions of any other statute or local regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or a lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this subchapter, the provisions of such statute shall govern. Whenever the provisions of any other statute shall derogate from the provisions of this subchapter, unless it be a statute granting powers to the State Planning Office, the provisions of this subchapter shall govern. 9 Del. C. 1953, §  6923;  56 Del. Laws, c. 97;  66 Del. Laws, c. 207, §  1;
9 DE Code § 6924. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6924. Notice to local school districts of residential zoning changes.

§ 6924. Notice to local school districts of residential zoning changes. With respect to any proposed residential zoning change, the county government shall notify the local school district for the area at least 7 days prior to the initial hearing upon such residential zoning change. 66 Del. Laws, Sp. Sess., c. 195,, §  1;
9 DE Code § 6925. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6925. Changes in zoning.

§ 6925. Changes in zoning. In the case of a rezoning application the county government shall determine its voting requirement necessary to take action thereon, which shall not be less than a majority of all members elected to county council. 68 Del. Laws, c. 272, §  3;
9 DE Code § 6926. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6926. Notice to property owners of zoning changes.

§ 6926. Notice to property owners of zoning changes. With respect to any proposed zoning change, unless the owner applies for the change or consents to the change, the county government shall notify the owner of the property and all property owners to the extent and in the manner the county by ordinance so provides as of June 28, 2000, mailed at least 7 days prior to the initial hearing upon such zoning change. 72 Del. Laws, c. 415, shall become effective for zoning changes initiated after July 13, 2000. 72 Del. Laws, c. 415, §§  3, 4;
9 DE Code § 6927. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6927. Emergency Communication Systems.

§ 6927. Emergency Communication Systems. The zoning ordinance and regulations adopted pursuant to this chapter shall provide that newly constructed buildings of 25,000 square feet of gross floor area or more, shall be designed, constructed and/or equipped in accordance with the provisions set forth in § 2616 of this title. 76 Del. Laws, c. 181, §  3;
9 DE Code § 6951. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter II. The Quality of Life Act|§ 6951. Short title; intent and purpose.

§ 6951. Short title; intent and purpose. (a) This subchapter shall be known and may be cited as the “Quality of Life Act of 1988.” It is the purpose of this subchapter to utilize and strengthen the existing role, processes and powers of county governments in the establishment and implementation of comprehensive planning programs to guide and control future development. It is the intent of this subchapter to encourage the most appropriate use of land, water and resources consistent with the public interest and to deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of county government can preserve, promote and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention and general welfare; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing and other requirements and services; and conserve, develop, utilize and protect natural resources within their jurisdictions. (b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities, counties and the State and to encourage and assure coordination of planning and development activities of units of county government, municipalities, regional agencies and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the standards and requirements of this subchapter shall be an acceptable comprehensive plan. The land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with county land development regulations enacted to implement the other elements of the adopted comprehensive plan. 66 Del. Laws, c. 207, §  1;