reglab/housing_qa huggingface dataset:
9 DE Code § 4955. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter II. The Quality of Life Act|§ 4955. Local planning agency.

§ 4955. Local planning agency. (a) The governing body of each county government shall designate and by ordinance establish a “local planning agency.” The governing body may designate itself as the local planning agency pursuant to this subsection. The local planning agency shall prepare the comprehensive plan after meetings to be held after due public notice and shall make recommendations regarding the adoption of such plan or element or portion thereof. The agency may be a local planning commission, the planning department of the county government or other instrumentality, including a countywide planning entity established by special act or council of local government officials, provided the composition of the council is fairly representative of all the governing bodies in the county. (b) The governing body or bodies shall appropriate funds for salaries, fees and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purpose and activities authorized by this subchapter, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans and other sources; however, acceptance of loans must be approved by the governing bodies involved. (c) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall:  (1) Be the agency responsible for the preparation of the comprehensive plan and shall make recommendations regarding the adoption of such plan or element or portion thereof consistent with existing county laws or regulations. During the preparation of the plan, and prior to any recommendation for adoption, the local planning agency shall hold at least 1 public hearing or public meeting on the proposed plan or element or portion thereof. The local planning agency may designate any agency, committee, department or person to prepare, revise, monitor and oversee the effectiveness and status of the comprehensive plan or any element thereof. Prior to adoption of the proposed comprehensive plan, the governing body shall hold at least 1 public hearing, with due public notice, on the proposed plan or element thereof. Final recommendation of the adoption of such plan to the governing body shall be in accordance with existing county procedures, or absent such procedures, shall be the responsibility of the local planning agency. (2) Review proposed land development regulations, land development codes or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan. (3) Perform any other functions, duties and responsibilities assigned to it by the governing body or special law.66 Del. Laws, c. 207, §  1;
9 DE Code § 4957. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter II. The Quality of Life Act|§ 4957. State responsibilities to local planning agencies.

§ 4957. State responsibilities to local planning agencies. (a) All elements of the comprehensive plan shall be based upon data appropriate to the element involved. State agencies shall provide to each county upon request existing data or information necessary to expedite the development and preparation of the comprehensive plan and elements of this section. Surveys and studies utilized in the preparation of the comprehensive plan shall not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys and supporting documents shall be made available to public inspection, and shall be made available to the public upon payment of reasonable charges for reproduction. The County shall be relieved of any requirement to comply with the data and information requirements of this subchapter when the State is unable to supply the necessary data and information to implement that requirement, except when such data and information is currently available or readily accessible to the County within budgetary limitations. (b) The State, through the Office of State Planning Coordination, shall provide to the County, for use in the comprehensive planning process, state land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, State facility location plans, estimates of existing quantity of natural resources, economic development strategies and any other information which might reasonably influence the County's future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility siting criteria and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the county to prepare the plan elements required by § 4956 of this title and to clearly set forth the criteria the State will use to review such elements. The review by the Cabinet Committee on State Planning Issues shall be pursuant to § 9103 of Title 29. During preparation of the county comprehensive plan, the county and the State shall jointly establish guidelines for the location and arrangement of public facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings. Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities are located in a manner which are consistent with state and county development goals. 66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §§  35, 36;  74 Del. Laws, c. 186, §  9;  78 Del. Laws, c. 92, §  10;
9 DE Code § 4959. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter II. The Quality of Life Act|§ 4959. Legal status of comprehensive plan.

§ 4959. Legal status of comprehensive plan. (a) After a comprehensive plan or element or portion thereof has been adopted by County Council or Levy Court in conformity with this subchapter, 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 land development regulations enacted to implement the other elements of the adopted comprehensive plan. (b) Nothing in this subchapter shall serve to invalidate any comprehensive plan, land development regulation, land use, development, development order or development permit which presently exists or which hereafter validly comes into existence prior to the date when full compliance with this subchapter is required. (c) Any application for a development permit filed or submitted prior to adoption or amendment under this subchapter of a comprehensive plan or element thereof shall be processed under the comprehensive plan, ordinances, standards and procedures existing at the time of such application. (d) All development permits and development orders heretofore or hereafter validly issued or approved by county government and not thereafter limited, rescinded or restricted shall automatically be incorporated into and become part of the present and all future comprehensive plans, subject to whatever time limitations may otherwise apply to such permits and orders at the time of issuance or approval. (e) In the event that any comprehensive plan or element required to comply with this subchapter shall be determined as failing to comply herewith, such failure shall not invalidate those elements of the plan which do comply with this subchapter, nor invalidate any previously issued development permit or order that was not specifically and timely challenged in the legal action in which such noncompliance was determined. 66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §  35;
9 DE Code § 4960. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter II. The Quality of Life Act|§ 4960. County comprehensive plan.

§ 4960. County comprehensive plan. (a) The County shall submit a final comprehensive plan for submission to the Cabinet Committee on State Planning Issues no later than 5 years after the adoption of the current plan; provided, however, that the County may request an extension of such date by forwarding a written request to the Cabinet Committee at least 90 days prior to the deadline. The basis for the request shall be clearly indicated. The decision whether to grant a request an extension, and the duration of such extension, shall be at the discretion of the Cabinet Committee. Upon completion of the comment period set forth in this subchapter, the County shall solicit public comment and adopt a comprehensive plan for zoning, subdivision and other land use decisions. Such plan shall be updated every 10 years thereafter. (b) Once the county government shall have in place said comprehensive plan, the County shall not be permitted to amend such plan without a simple majority of the entire membership thereof voting to do so. (c) Within 1 year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision and development controls. The County shall report the status of the implementation program in the monitoring report as required by this subchapter. This report should include progress to date, problems, issues and opportunities. (d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee on State Planning Issues for review and certification pursuant to § 9103 of Title 29. (e) Within 18 months of the date of adoption of the county comprehensive plan or revision thereof, Kent County shall amend its official zoning map(s) to rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County. In the event that the comprehensive plan includes provisions governing the rate of growth of particular planning districts or sub-areas of the County, the County's zoning district regulations shall be amended to reflect the timing elements of the comprehensive plan. 66 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 270, §§  35, 40, 41;  73 Del. Laws, c. 186, §  4;  74 Del. Laws, c. 186, §§  8, 12;  78 Del. Laws, c. 92, §§  15, 16;  78 Del. Laws, c. 129, §  2;
9 DE Code § 4961. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter II. The Quality of Life Act|§ 4961. Information from state and local agencies and school districts.

§ 4961. Information from state and local agencies and school districts. (a) All subdivision plans approved by the county government shall be filed with the Office of the Recorder of Deeds, and with such other state and local agencies as the County may by ordinance require. (b) As part of its review of a rezoning or subdivision application, the county government through its designated local planning agency shall request and review information from all state and local agencies and local school districts identified on a list prepared by the County and shall file as part of the record any written information provided by such state and local agencies or local school districts with respect to the rezoning or subdivision application. If the planning agency makes recommendations that are in conflict with the information supplied by state and local agencies or local school districts, it must explain its reasons for doing so in writing. (c) Any state or local agency or local school district which delivers to the head of county government a written request that it be notified of rezoning and subdivision applications shall be included on the County's list of agencies and school districts from which information shall be requested and reviewed in accordance with subsection (b) of this section. 66 Del. Laws, Sp. Sess., c. 198,, §  1;  70 Del. Laws, c. 270, §  35;
9 DE Code § 4962. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter II. The Quality of Life Act|§ 4962. Highway capacity.

§ 4962. Highway capacity. The county government shall not approve any proposed change in the zoning classification for land (i.e., any “rezoning request” ) without first complying with either the procedures contained in paragraphs (1)a. through (1)d. of this section or the procedures contained in paragraphs (2)a. through (2)c. of this section:  (1) a. As soon as possible, but in any event no later than June 30, 1988, the county government, through its designated planning agency, shall establish an agreement with the Department of Transportation to provide a procedure for analysis by the Department of Transportation of the effects on traffic of each rezoning application. b. Each agreement under paragraph (1)a. of this section shall be approved by a resolution or ordinance, consistent with county procedures, and shall establish traffic level of service suitable to the County and the Department of Transportation. c. The purpose of the agreement under paragraph (1)a. of this section shall be to ensure that traffic analyses are conducted as part of the zoning reclassification process within the County. d. The agreement under paragraph (1)a. of this section shall provide for the review of traffic impacts according to nationally recognized traffic criteria and shall, at a minimum, consider the effects of existing traffic, projected traffic growth in areas surrounding a proposed zoning reclassification, and the projected traffic generated by the proposed site development for which the zoning reclassification is sought. (2) a. The Levy Court, through its local planning agency, shall establish an agreement with the Department of Transportation to designate a Complete Community Enterprise District as described in §§ 2103 and 2104 of Title 2. b. The local planning agency shall hold at least 1 public hearing on the proposed agreement created under paragraph (2)a. of this section and public comment must be permitted at the public hearing. c. The local planning agency shall provide due public notice of the public hearing required by paragraph (2)b. of this section at least twice, the first notice at least 60 days prior to the public hearing and the second notice at least 30 days prior to the public hearing.66 Del. Laws, c. 217, §  1;  70 Del. Laws, c. 270, §  35;  80 Del. Laws, c. 224, § 3;
9 DE Code § 4999. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter III. Citizens Bill of Rights Act|§ 4999. Court review of land use actions; limitations on liability of individuals and associations.

§ 4999. Court review of land use actions; limitations on liability of individuals and associations. Any individual or association of individuals that challenges or opposes a zoning, subdivision or other land use application, and seeks judicial review of a decision concerning the application in a manner prescribed by statute, shall not be liable to any other party to the judicial review for seeking such a review, except for such costs as are expressly provided for by the rules of court. 66 Del. Laws, Sp. Sess., c. 200,, §  1;
9 DE Code § 6901. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6901. Definitions.

§ 6901. Definitions. All definitions used in § 6801 of this title shall apply to this subchapter, and as used in this subchapter, unless the same shall be inconsistent with the context:  (1) “Nonconforming structure” means a structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning regulation or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or code or amendment by reason of its location. Such nonconforming structures include nonconforming signs. (2) “Nonconforming use” means a use, whether of land or of a structure, which does not comply with the applicable use provisions in a zoning regulation or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or code or amendment, or prior to the application of such ordinance or code or amendment by reason of its location. (3) “Structure” means any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to the land. The word “structure” includes the word “building.”9 Del. C. 1953, §  6901;  56 Del. Laws, c. 97;  66 Del. Laws, c. 207, §  1;
9 DE Code § 6903. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6903. Zoning map and regulations.

§ 6903. Zoning map and regulations. (a) For any or all of the purposes specified in § 6902 of this title, the county government may divide the territory of Sussex County into districts or zones of such number, shape, or area as it may determine, and within such districts, or any of them, may regulate the erection, construction, reconstruction, alteration, and the nature and extent of use of buildings and structures, and the nature and extent of the use of land. (b) All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in 1 district may differ from those in other districts. (c) The county government shall provide for the manner in which regulations shall be enforced, prescribe penalties for violations and shall designate the administrator of the regulations. The administrator so designated shall have authority to act as such throughout the County. 9 Del. C. 1953, §  6903;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;
9 DE Code § 6904. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6904. Purposes of regulations.

§ 6904. Purposes of regulations. (a) Regulations adopted by the county government, pursuant to the provisions of this subchapter, shall be in accordance with the approved comprehensive development plan and shall be designated and adopted for the purpose of promoting the health, safety, morale, convenience, order, prosperity or welfare of the present and future inhabitants of Sussex County, including, amongst other things, the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads, securing safety from fire, flood, and other dangers, providing adequate light and air, preventing on the one hand excessive concentration of population and on the other hand excessive and wasteful scattering of population or settlement, promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate provisions for public requirements, transportation, water flowage, water supply, water and air pollution abatement, drainage, sanitation, educational opportunities, recreation, soil fertility, food supply, protection of the tax base, securing economy in governmental expenditures, fostering the State's agricultural and other industries, and the protection of both urban and nonurban development. (b) The regulations shall be made with reasonable consideration, among other things, of the character of the particular district involved, its peculiar suitability for particular uses, the conservation of property values and natural resources and the general and appropriate trend and character of land, building and population development. 9 Del. C. 1953, §  6904;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  66 Del. Laws, c. 207, §  1;
9 DE Code § 6905. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6905. Planning and Zoning Commission; appointment; term and qualifications.

§ 6905. Planning and Zoning Commission; appointment; term and qualifications. In order to avail itself of the powers conferred by this subchapter, the county government shall appoint a permanent commission of 5 members which shall be known as the County Planning and Zoning Commission of Sussex County and who shall be the same voting members appointed under § 6803 of this title and its organization, meeting, office of the Commission, Secretary of the Commission, and other personnel shall be the same as in §§ 6804 and 6805 of this title. 9 Del. C. 1953, §  6905;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  66 Del. Laws, c. 207, §  1;
9 DE Code § 6906. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6906. Assistance from and cooperation with other agencies.

§ 6906. Assistance from and cooperation with other agencies. In performing its zoning function the Commission may make use of the expert advice and information which may be furnished by appropriate state, federal, or other officials, departments and agencies. All officials, departments, and agencies within the State having information, maps and data pertinent to county zoning shall make the same available for the use of the Commission, as well as furnish such other technical assistance and advice as they may have available for such purpose. 9 Del. C. 1953, §  6906;  56 Del. Laws, c. 97.;
9 DE Code § 6907. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6907. Tentative zoning proposal preparation by Commission.

§ 6907. Tentative zoning proposal preparation by Commission. (a) The Commission shall make, as promptly as possible, for certification to the county government, a zoning proposal based upon and in full accordance with the adopted comprehensive development plan including both the full text of the zoning regulation or regulations and the maps for the regulation by districts or zones of the location, height, bulk, and size of buildings and other structures, percentage of lot which may be occupied, size of lots, courts, and other open spaces, density and distribution of population; for the use of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and for the uses of land for trade, industry, recreation, public activities, soil conservation, water supply conservation or other similar purposes. (b) After the creation of the Commission and prior to the creation of the adopted comprehensive development plan and prior to the tentative zoning proposal described in subsection (a) of this section, an interim holding zone proposal to control the development of land may be instituted by Sussex County pursuant to § 6909 of this title as a temporary measure, but in no case shall the interim zoning be effective beyond December 31, 1970. 9 Del. C. 1953, §  6907;  56 Del. Laws, c. 97;  57 Del. Laws, c. 217;  57 Del. Laws, c. 762, §  12;
9 DE Code § 6908. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6908. Public hearing and notice.

§ 6908. Public hearing and notice. Any public hearing required by this subchapter shall be held in accordance with § 6812 of this title. 9 Del. C. 1953, §  6908;  56 Del. Laws, c. 97;  66 Del. Laws, c. 207, §  1;
9 DE Code § 6909. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter I. General Provisions|§ 6909. Commission's powers in conduct of public hearings.

§ 6909. Commission's powers in conduct of public hearings. For the purpose of any public hearing under this subchapter, the Commission shall have power to summon witnesses, administer oaths and compel the giving of testimony. A taped recording or written transcript shall be made and become a part of the Commission's public records. 9 Del. C. 1953, §  6909;  56 Del. Laws, c. 97;  64 Del. Laws, c. 78, §  2;  66 Del. Laws, c. 207, §  1;