reglab/housing_qa huggingface dataset:
9 DE Code § 2607. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter I. General Provisions|§ 2607. Changes in zoning district, plan or regulations; procedure.

§ 2607. Changes in zoning district, plan or regulations; procedure. (a) The County Council may, from time to time, make amendments, supplements, changes, modifications (herein called “changes”), in accordance with a comprehensive development plan adopted pursuant to Chapter 13 of this title, 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 Department of Land Use. (b) With respect to any proposed changes, the Department of Land Use shall hold at least 1 public hearing, notice of which hearing shall be published at least 7 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 such Department of Land Use shall have transmitted its report upon the proposed changes within 45 days after the submission thereof to it, the County Council shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Department of Land Use. In any event, the County Council shall not be bound by the report of the Department of Land Use. Before finally adopting any such changes, the County Council shall hold a public hearing thereon, at least 15 days notice of the time and place of which shall be given by at least 1 publication in a newspaper of general circulation in the County. 48 Del. Laws, c. 321, §  8;  9 Del. C. 1953, §  2611;  50 Del. Laws, c. 118, §  1;  55 Del. Laws, c. 85, §§  18A, 18B;  66 Del. Laws, Sp. Sess., c. 199,, §  2;  66 Del. Laws, c. 201, §  1;  71 Del. Laws, c. 401, §§  15, 85;
9 DE Code § 2608. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter I. General Provisions|§ 2608. Zoning coordination and integration; committees and rules of Department of Land Use.

§ 2608. Zoning coordination and integration; committees and rules of Department of Land Use. (a) The New Castle County Department of Land Use may cooperate with other planning and zoning commissions within New Castle 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. (b) The Department of Land Use may appoint committees and adopt such rules for the conduct of its business as it deems proper to effect such cooperation or to more expeditiously and effectively perform its functions. 48 Del. Laws, c. 321, §  9;  9 Del. C. 1953, §  2612;  55 Del. Laws, c. 85, §  18B;  71 Del. Laws, c. 401, §  85;
9 DE Code § 2609. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter I. General Provisions|§ 2609. Violations of regulations or subchapter; enforcement, remedies and penalties.

§ 2609. Violations of regulations or subchapter; 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 Council 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, reconstruction, 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 Council under the authority granted by this subchapter, the County Council, the attorney thereof, or any owner or occupier of real estate within the district or within an adjoining 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. 48 Del. Laws, c. 321, §  13;  9 Del. C. 1953, §  2619;  54 Del. Laws, c. 222;  55 Del. Laws, c. 85, §  18A;  66 Del. Laws, c. 207, §  1;  71 Del. Laws, c. 401, §  15;
9 DE Code § 2610. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter I. General Provisions|§ 2610. Nonconforming uses of land or buildings.

§ 2610. 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. County Council 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. 48 Del. Laws, c. 321, §  14;  9 Del. C. 1953, §  2620;  55 Del. Laws, c. 85, §  18A;  71 Del. Laws, c. 400, §  2;
9 DE Code § 2611. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter I. General Provisions|§ 2611. Conflict between zoning regulations and other laws.

§ 2611. Conflict between zoning regulations and other laws. Whenever any regulation made under authority of this subchapter requires a greater width or size of yards, courts or other open spaces, or requires a lower height of buildings or smaller number of stories, or requires a greater percentage of lot to be left unoccupied, or imposes other higher standards than are required in or under any other statute or local regulation, the regulations made under authority of this subchapter shall govern. Whenever any other statute or local regulation requires a greater width or size of yards, courts or other open spaces, or requires a lower height of buildings or a lesser number of stories, or requires a greater percentage of lot to be left unoccupied, or imposes other higher standards than are required by any regulations made under authority of this subchapter, such statute shall govern. 48 Del. Laws, c. 321, §  17;  9 Del. C. 1953, §  2623;  66 Del. Laws, c. 207, §  1;
9 DE Code § 2612. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter I. General Provisions|§ 2612. Residential facilities for persons with disabilities.

§ 2612. 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). (c) [Repealed] 62 Del. Laws, c. 390, §  1;  74 Del. Laws, c. 149, §§  1, 2, 3;
9 DE Code § 2613. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter I. General Provisions|§ 2613. Notice to local school districts of residential zoning changes.

§ 2613. Notice to local school districts of residential zoning changes. With respect to any proposed residential zoning change the County Council 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;  71 Del. Laws, c. 401, §  15;
9 DE Code § 2614. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter I. General Provisions|§ 2614. Changes in zoning.

§ 2614. Changes in zoning. (a) Unless the Department of Land Use recommends approval of a rezoning, the County Council shall not change the zoning for any parcel of land without the County Council approving such change in zoning by a concurrence of two thirds of all members elected to the County Council. (b) Any rezoning which is approved subject to restrictions shall require a two-thirds vote of all members elected to the County Council to release, remove or change such restrictions, unless the Department of Land Use recommends approval of the release, removal or change of said restrictions, in which case a simple majority of all members elected to the County Council shall be required. 68 Del. Laws, c. 272, §  1;  69 Del. Laws, c. 27, §  1;  71 Del. Laws, c. 401, §§  15, 85;
9 DE Code § 2615. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter I. General Provisions|§ 2615. Notice to property owners of zoning changes.

§ 2615. 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. 72 Del. Laws, c. 415 shall become effective for zoning changes initiated after enactment of this act. 72 Del. Laws, c. 415, §  1;
9 DE Code § 2651. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter II. The Quality of Life Act|§ 2651. Short title; intent and purpose.

§ 2651. 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 Councils 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 Council 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 Council, 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;  71 Del. Laws, c. 401, §  15;
9 DE Code § 2653. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter II. The Quality of Life Act|§ 2653. Scope of subchapter.

§ 2653. 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 residential and nonresidential districts, zones or parcels of land to residential and nonresidential districts, zones, parcels or areas designated to receive such development rights; provided that such receiving districts, zones or areas are within the same planning district as defined by the county. 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; and 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. 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 Council 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, §  4;  71 Del. Laws, c. 401, §  15;  72 Del. Laws, c. 122, §§  1, 2;
9 DE Code § 2654. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter II. The Quality of Life Act|§ 2654. Areas under this subchapter.

§ 2654. 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;
9 DE Code § 2657. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter II. The Quality of Life Act|§ 2657. State responsibilities to local planning agencies.

§ 2657. 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 or 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 § 2656 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, §§  15, 16;  74 Del. Laws, c. 186, §  4;  78 Del. Laws, c. 92, §  2;
9 DE Code § 2660. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter II. The Quality of Life Act|§ 2660. County comprehensive plan.

§ 2660. 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 Council 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 revisions thereof, New Castle County shall amend its official zoning map or maps 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, §§  15, 20, 21;  71 Del. Laws, c. 401, §  15;  73 Del. Laws, c. 186, §  2;  74 Del. Laws, c. 186, §§  3, 7;  78 Del. Laws, c. 92, §§  7, 8;  78 Del. Laws, c. 129, §  1;
9 DE Code § 2662. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 26. Zoning|Subchapter II. The Quality of Life Act|§ 2662. Highway capacity.

§ 2662. Highway capacity. The County Council 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 Council, 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 County Council, 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, §  15;  71 Del. Laws, c. 401, §  15;  80 Del. Laws, c. 224, § 2;