Title 9, Counties

§ 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 Commis…

§ 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, depar…

§ 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 …

§ 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;

§ 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 …

§ 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 accordanc…

§ 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, …

§ 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 w…

§ 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, § 69…

§ 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 ma…

§ 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…

§ 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 o…

§ 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 administ…

§ 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 …

§ 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 cha…

§ 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 structura…

§ 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 …

§ 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 restricti…

§ 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 gr…

§ 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 chan…

§ 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;

§ 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…

§ 6927. Emergency Communication Systems [Effective until Feb. 1, 2027]. 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 eq…

§ 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…

§ 6952. 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…

§ 6953. Scope of subchapter. (a) The County shall have power and responsibility: (1) To plan for its future development and growth. (2) To adopt and amend comprehensive plans, or elements or portions thereof, to guide its future development and growth. (3) To implement adopted or…

§ 6954. 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;

§ 6955. 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 …

§ 6956. 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…

§ 6957. 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…

§ 6958. 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…

§ 6959. 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 …

§ 6960. 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 …

§ 6961. 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…

§ 6962. Highway capacity; traffic impact study requirements. (a) Subject to subsection (b) of this section, the county government shall not approve any proposed change in the zoning classification for land (i.e., any “rezoning request”), a new roadway access associated with site …

§ 6963. 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…

§ 6999. 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 …