reglab/housing_qa huggingface dataset:
9 DE Code § 4911. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4911. Changes in zoning district; plan or regulations; procedure.

§ 4911. Changes in zoning district; plan or regulations; procedure. (a) The county government may, from time to time, make amendments, supplements, changes or modifications (herein called “changes”) 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 Zoning Commission. (b) With respect to any proposed changes, the Zoning Commission shall hold at least 1 public hearing, notice of which hearing shall be published at least 15 days before the date of the hearing in a newspaper of general circulation in the County. The notice shall contain the time and place of hearing, and shall specify the nature of the proposed change in a general way and shall specify the place and times at which the text and map relating to the proposed change may be examined. (c) Unless the Zoning Commission shall have transmitted its report upon the proposed changes within 45 days after acceptance of a completed application including all supporting documentation, by the Commission, the county government shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Zoning Commission. In any event, the county government shall not be bound by the report of the Zoning Commission. Before finally adopting any such changes, the county government shall hold a public hearing thereon, at least 15 days notice of the time and place of which shall be given at least 1 publication in a newspaper of general circulation in the County. 9 Del. C. 1953, §  4911;  56 Del. Laws, c. 103, §  16;  66 Del. Laws, Sp. Sess., c. 201,, §  3;  67 Del. Laws, c. 166, §  1;
9 DE Code § 4912. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4912. Zoning coordination and integration.

§ 4912. Zoning coordination and integration. The Zoning Commission may cooperate with other planning and zoning commissions within Kent County, and within other counties and states, and with the planning, zoning, 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 of municipalities. The Zoning 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, §  4912;  56 Del. Laws, c. 103, §  16;
9 DE Code § 4913. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4913. Board of Adjustment.

§ 4913. Board of Adjustment. The county government shall, by ordinance, establish a Board of Adjustment and determine the membership, terms, qualifications and compensation of said Board. 9 Del. C. 1953, §  4913;  56 Del. Laws, c. 103, §  16;  56 Del. Laws, c. 241, §  14;  66 Del. Laws, c. 321, §  1;
9 DE Code § 4914. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4914. Board of Adjustment — Office and personnel.

§ 4914. 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, §  4914;  56 Del. Laws, c. 103, §  16;
9 DE Code § 4915. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4915. Board of Adjustment — Rules governing organization, procedure and jurisdiction.

§ 4915. 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, §  4915;  56 Del. Laws, c. 103, §  16;  66 Del. Laws, c. 207, §  1;
9 DE Code § 4916. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4916. Appeals to the Board of Adjustment — Procedure.

§ 4916. Appeals to the Board of Adjustment — 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 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 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. 9 Del. C. 1953, §  4916;  56 Del. Laws, c. 103, §  16;
9 DE Code § 4917. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4917. Appeals to the Board of Adjustment — Powers.

§ 4917. Appeals to the Board of Adjustment — Powers. Upon appeals the Board of Adjustment shall have the following powers:  (1) To 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) To hear and decide, in accordance with the provisions of any zoning regulations, 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) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation adopted under this subchapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship; provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan and zoning regulations.9 Del. C. 1953, §  4917;  56 Del. Laws, c. 103, §  16;  66 Del. Laws, c. 207, §  1;
9 DE Code § 4918. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4918. Court review of decision of Board of Adjustment; proceedings.

§ 4918. Court review of decision of Board of Adjustment; proceedings. (a) Any persons jointly or severally aggrieved by any 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 Kent 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 proceeding 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. (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, §  4918;  56 Del. Laws, c. 103, §  16;  70 Del. Laws, c. 186, §  1;
9 DE Code § 4919. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4919. Enforcement; remedies.

§ 4919. Enforcement; remedies. (a) The enforcement of any code or regulation adopted by the county government under the authority of this subchapter shall be as prescribed by the county government by ordinance. (b) 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, the attorney thereof, or any owner of real estate within the district 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, §  4919;  56 Del. Laws, c. 103, §  16;  65 Del. Laws, c. 304, §  2;  66 Del. Laws, c. 207, §  1;
9 DE Code § 4920. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4920. Nonconforming uses of land or buildings.

§ 4920. Nonconforming uses of land or buildings. (a) The lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of the enactment of a zoning regulation, or in the case of a change of regulations, then at the time of such change, may, except as hereinafter provided, be continued although such use does not conform with the provisions of such regulations or change, and such use may be extended throughout the same building, provided no structural alteration of such building is proposed or made for the purpose of such extension. The county government in any zoning regulations may permit the restoration, reconstruction, extension or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning regulations. (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, §  4920;  56 Del. Laws, c. 103, §  16;
9 DE Code § 4921. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4921. Appropriations.

§ 4921. 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 purposes, and other purposes, in accordance with this chapter, from either private or public sources, state or federal. 9 Del. C. 1953, §  4921;  56 Del. Laws, c. 103, §  16;  58 Del. Laws, c. 340, §  2;  66 Del. Laws, c. 207, §  1;
9 DE Code § 4922. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4922. Conflict between zoning regulations and other laws.

§ 4922. Conflict between zoning regulations and other laws. (a) 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 regulations, 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. (b) Whenever any other statute shall derogate from this subchapter, unless it be a statute granting powers to the State Planning Office, this subchapter shall govern. 9 Del. C. 1953, §  4922;  56 Del. Laws, c. 103, §  16;  58 Del. Laws, c. 340, §  2;  66 Del. Laws, c. 207, §  1;
9 DE Code § 4923. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4923. Residential facilities for persons with disabilities.

§ 4923. Residential facilities for persons with disabilities. (a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving 10 or fewer persons with disabilities on a 24-hour-per-day basis shall be construed to be a permitted single family residential use of such property. (b) For the purposes of this section, the term “persons with disabilities” includes any persons with a handicap or disability as those terms are defined in the Delaware Fair Housing Act (Chapter 46 of Title 6). 62 Del. Laws, c. 390, §  2;  74 Del. Laws, c. 149, §§  4-6;
9 DE Code § 4924. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4924. Notice to local school districts of residential zoning changes.

§ 4924. 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 § 4925. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4925. Changes in zoning.

§ 4925. 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 Levy Court. 68 Del. Laws, c. 272, §  2;
9 DE Code § 4926. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4926. Notice to property owners of zoning changes.

§ 4926. 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 adjacent 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. This act shall become effective for zoning changes initiated after July 13, 2000. 72 Del. Laws, c. 415, §  2;
9 DE Code § 4927. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter I. General Provisions|§ 4927. Emergency Communication Systems.

§ 4927. 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, §  2;
9 DE Code § 4951. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter II. The Quality of Life Act|§ 4951. Short title; intent and purpose.

§ 4951. 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;
9 DE Code § 4953. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter II. The Quality of Life Act|§ 4953. Scope of subchapter.

§ 4953. Scope of subchapter. (a) The County shall have power and responsibility:  (1) To plan for their future development and growth. (2) To adopt and amend comprehensive plans, or elements or portions thereof, to guide their future development and growth. (3) To implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations or elements thereof. In furtherance of the authority to adopt, amend and implement comprehensive plans or elements or portions thereof to guide and control future growth, counties are expressly granted the authority to develop and adopt regulations governing the transfer of development rights from identified districts, zones or parcels of land to districts, zones or areas designated to receive such development rights. Such regulations may provide for the establishment of development right banking. Whenever a county exercises its authority to provide for the transfer of development rights it shall:  a. Comply with all requirements of this subchapter pertaining to the amendment of a comprehensive plan; b. Provide for the transfer of development rights as an option to the use and development of the subject property according to the otherwise applicable zoning ordinance; c. Limit designation of receiving areas to locations where the county has determined that growth should be encouraged and where a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the area to accommodate such growth; d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion of the policies expressed by the comprehensive plan and statewide planning goals and objectives established pursuant to Chapter 91 of Title 29; and e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of development rights between counties and municipalities. (4) To establish, support and maintain administrative instruments and procedures to carry out the provisions and purposes of this subchapter. (b) Each county government shall prepare a comprehensive plan of the type and in the manner set out in this subchapter or amend its existing comprehensive plan to conform to the requirements of this subchapter. 66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §  24;  72 Del. Laws, c. 122, §  3;
9 DE Code § 4954. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 49. Zoning|Subchapter II. The Quality of Life Act|§ 4954. Areas under this subchapter.

§ 4954. Areas under this subchapter. A county shall exercise authority under this subchapter for the total unincorporated area under its jurisdiction. 66 Del. Laws, c. 207, §  1;