Title 9, Counties

§ 4903. Purposes of regulations. (a) Regulations adopted by the county government, pursuant to the provisions of this subchapter, shall be designated and adopted for the purpose of promoting the health, safety, morale, convenience, order, prosperity or welfare of the present and …

§ 4904. Kent County Zoning Commission; consolidation with Regional Planning Commission. (a) In order to avail itself of the powers conferred by this subchapter, the county government shall appoint a commission of 5 members which shall be known as the Kent County Zoning Commission…

§ 4905. Assistance from and cooperation with other agencies. The Zoning Commission 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 with…

§ 4906. Personnel and office facilities of Zoning Commission. The Zoning Commission may employ such experts, trained personnel, and staff as the funds provided therefor may permit. The county government shall furnish the Zoning Commission with appropriate office space and other f…

§ 4907. Tentative zoning plan; preparation of by Commission. The Zoning Commission shall make, as promptly as possible, for certification to the county government, a zoning plan or plans, including both the full text of the zoning regulation or regulations and the maps, and repre…

§ 4908. Public hearing and notice. When the efforts of the Commission shall have reached the stage of a tentative plan, the Commission shall hold at least 1 public hearing on each tentative plan to be separately submitted, notice of which hearing shall be published at least 15 da…

§ 4909. Commission’s powers in conduct of public hearing. For the purpose of any public hearing under this subchapter, the Commission shall have the power to summon witnesses, administer oaths, and compel the giving of testimony.9 Del. C. 1953, § 4909; 56 Del. Laws, c. 103, § 16;…

§ 4910. Adoption by county government of zoning plan and regulations; public hearing and notice; consultative hearings; resubmission to Commission. (a) After receiving the certification of a zoning plan from the Zoning Commission and before the adoption of any zoning regulations,…

§ 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,…

§ 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 uninc…

§ 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,…

§ 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 ma…

§ 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…

§ 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 …

§ 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 administrat…

§ 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 K…

§ 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…

§ 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, m…

§ 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 restricti…

§ 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 …

§ 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 permitt…

§ 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 chan…

§ 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;

§ 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 t…

§ 4927. 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…

§ 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…

§ 4952. 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…

§ 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 adopte…

§ 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;

§ 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 …

§ 4956. 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…

§ 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 deve…

§ 4958. 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…

§ 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 …

§ 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 …

§ 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…

§ 4962. Highway capacity; traffic impact study requirements. (a) 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 development, or for any other purpose witho…

§ 4963. 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…

§ 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 …

§ 5001. Appointment of County Engineer; draftsmen; rodmen and assistants [Repealed].9 Del. C. 1953, § 5001; 55 Del. Laws, c. 217; repealed by 83 Del. Laws, c. 144, § 2, effective Sept. 10, 2021.;

§ 5101. Lighting streets and highways in unincorporated communities and villages; petition. Upon the petition of a majority of the real property owners of any unincorporated community or village in Kent County, filed on or before the first Tuesday in any month in any year, the co…

§ 5102. Levy and collection of light tax. (a) The county government, for the purposes of carrying out any contract entered into pursuant to § 5101 of this title, shall levy for the installation and maintenance of such lights in any such community with respect to which such a cont…

§ 5103. Light tax; administration of fund; surplus. The Department of Finance shall receive all light taxes collected, shall keep them in a separate account, and shall pay them out only upon orders signed by the President of the county government and approved by the Director of F…

§ 5104. Removal of lights. Lights installed under the provisions of § 5101 of this title shall be removed by the county government or at its direction only upon receipt of a petition signed by a majority of the property owners within the bounds of any lighted community or village…

§ 5201. Definitions. As used in this chapter: (1) “Stormwater maintenance district” means an area in Kent County, within ascertainable boundaries, and which is in the opinion of the county government susceptible of efficient and economical stormwater maintenance pursuant to the p…

§ 5202. Establishing a stormwater maintenance district. (a) Real property owners of any area in Kent County contained within ascertainable boundaries may petition the Kent County government to declare the area a stormwater maintenance district. The petition shall set forth the bo…