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Delaware Statutes, Title 9

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Delaware/Statutes

← All Delaware coverage

Title 9, Counties

65 chapters · 1,337 sections in this title.

All chapters in Title 91,337 Ch 5, SUBURBAN COMMUNITY IMPROVEMENTS65 Ch 11, COUNTY EXECUTIVE AND COUNTY COUNCIL62 Ch 13, COUNTY DEPARTMENTS61 Ch 46, Sewers and Sewer Districts61 Ch 83, VALUATION AND ASSESSMENT OF PROPERTY59 Ch 87, COLLECTION OF DELINQUENT TAXES54 Ch 41, GOVERNMENT OF KENT COUNTY43 Ch 3, COUNTY GOVERNMENTS GENERALLY42 Ch 49, ZONING41 Ch 69, ZONING41 Ch 7, PARK DISTRICTS40 Ch 22, SEWERS37 Ch 45, SEWERS AND WATER35 Ch 6, SUBURBAN PARKS AND RECREATION32

30 sections·Filtered byTitle 9✕Ch 26✕

9 Del. C. § 2601. Power of County Council; area subject to regulation.
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§ 2601. Power of County Council; area subject to regulation. (a) The County Council may, in accordance with the conditions and procedure specified in this subchapter, regulate the location, height, bulk and size of buildings, parking areas, and other structures, the percentage of…
9 Del. C. § 2602. Zoning plan and regulations.
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§ 2602. Zoning plan and regulations. (a) For any or all of the purposes specified in § 2601 of this title the County Council may divide the territory of New Castle County into districts or zones of such number, shape, or area as it may determine, and within such districts, or any…
9 Del. C. § 2603. Purposes of regulations.
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§ 2603. Purposes of regulations. (a) Regulations adopted by the County Council, pursuant to the provisions of this subchapter, shall be in accordance with a comprehensive development plan adopted pursuant to this title, and shall be designated and adopted for the purpose of promo…
9 Del. C. § 2604. Assistance from and cooperation with other agencies.
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§ 2604. Assistance from and cooperation with other agencies. The Department of Land Use shall 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…

9 Del. C. § 2605. Department’s powers in conduct of public hearing.

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§ 2605. Department’s powers in conduct of public hearing. At any public hearing held pursuant to this subchapter, the Department of Land Use may summon witnesses, administer oaths and compel the giving of testimony.48 Del. Laws, c. 321, § 6; 9 Del. C. 1953, § 2609; 55 Del. Laws, …

9 Del. C. § 2606. Adoption by county government of zoning plan and regulations; public hearing and notice; consultative hearings; resubmission to Department of Planning [Repealed].

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§ 2606. Adoption by county government of zoning plan and regulations; public hearing and notice; consultative hearings; resubmission to Department of Planning [Repealed]. Repealed by 71 Del. Laws, c. 401, § 86, effective July 13, 1998.

9 Del. C. § 2607. Changes in zoning district, plan or regulations; procedure.

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§ 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…

9 Del. C. § 2608. Zoning coordination and integration; committees and rules of Department of Land Use.

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§ 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 plann…

9 Del. C. § 2609. Violations of regulations or subchapter; enforcement, remedies and penalties.

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§ 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 regulatio…

9 Del. C. § 2610. Nonconforming uses of land or buildings.

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§ 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, m…

9 Del. C. § 2611. Conflict between zoning regulations and other laws.

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§ 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 …

9 Del. C. § 2612. Residential facilities for persons with disabilities.

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§ 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 permitt…

9 Del. C. § 2613. Notice to local school districts of residential zoning changes.

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§ 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.6…

9 Del. C. § 2614. Changes in zoning.

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§ 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 elect…

9 Del. C. § 2615. Notice to property owners of zoning changes.

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§ 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 t…

9 Del. C. § 2616. Emergency Communication Systems [Effective until Feb. 1, 2027].

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§ 2616. Emergency Communication Systems [Effective until Feb. 1, 2027]. (a) “Emergency communications equipment” includes, but is not limited to: repeater systems, 2-way radio communications, signal boosters, bi-directional amplifiers, radiating cable systems or internal antenna …

9 Del. C. § 2651. Short title; intent and purpose.

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§ 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 im…

9 Del. C. § 2652. Definitions.

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§ 2652. Definitions. For the purposes of this subchapter: (1) “Area” or “area of jurisdiction” means the total area qualifying under the provisions of this subchapter, being all unincorporated lands within a county. (2) “Comprehensive plan” or “comprehensive development plan” sha…

9 Del. C. § 2653. Scope of subchapter.

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§ 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 adopte…

9 Del. C. § 2654. Areas under this subchapter.

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§ 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 Del. C. § 2655. Local planning agency.

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§ 2655. Local planning agency. (a) The governing body of each County Council 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 pre…

9 Del. C. § 2656. Required and optional elements of comprehensive plan; studies and surveys [Effective until Nov. 15, 2026].

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§ 2656. Required and optional elements of comprehensive plan; studies and surveys [Effective until Nov. 15, 2026]. (a) The comprehensive plan shall consist of materials in such descriptive form, either written or graphic, as may be appropriate to the prescription of principles, g…

9 Del. C. § 2657. State responsibilities to local planning agencies.

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§ 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 deve…

9 Del. C. § 2658. Evaluation and appraisal of comprehensive plan.

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§ 2658. Evaluation and appraisal of comprehensive plan. (a) The comprehensive plan or amendments or revisions thereto shall be submitted to the Governor or designee at such time as the plan is made available for public review. The County shall provide sufficient copies for review…

9 Del. C. § 2659. Legal status of comprehensive plan.

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§ 2659. Legal status of comprehensive plan. (a) After a comprehensive plan or element or portion thereof has been adopted by County Council in conformity with this subchapter, the land use map or map series forming part of the comprehensive plan as required by this subchapter sha…

9 Del. C. § 2660. County comprehensive plan.

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§ 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 …

9 Del. C. § 2661. Information from state and local agencies and school districts.

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§ 2661. Information from state and local agencies and school districts. (a) All subdivision plans approved by the County Council 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 pa…

9 Del. C. § 2662. Highway capacity; traffic impact study requirements.

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§ 2662. Highway capacity; traffic impact study requirements. (a) Subject to subsection (b) of this section, the County Council shall not approve any proposed change in the zoning classification for land (i.e., any “rezoning request”), a new roadway access associated with site dev…

9 Del. C. § 2663. Residential density requirements.

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§ 2663. Residential density requirements. (a) For purposes of this section, “growth area” means an area designated within a county comprehensive plan as a growth area and also consistent with areas identified by the Strategies for State Policies and Spending for growth as Investm…

9 Del. C. § 2699. Court review of land use actions; limitations on liability of individuals and associations.

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§ 2699. 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 …