A.
B.
Initiation.
(1)
By Mayor and Council. The Mayor and City Council may amend,
supplement, change, or modify the number, shape, area, boundaries
of the zoning districts (rezoning or Zoning Map amendment) or may
amend, supplement, change, or modify the text of the regulations (text
amendment) contained in this chapter.
(2)
By property owner. A petition for change or amendment by a property
owner shall be submitted to the Mayor and City Council and contain
the following information:
(a)
For an amendment to the Zoning Map:
[1]
A metes and bounds description of the property.
[2]
A recent survey plot of the property.
[3]
A statement of the change requested and grounds to support it.
[4]
Fees specified on the City’s website shall be paid.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[5]
Certification that the property owner has notified the owners
of all properties within 200 feet of the property which is the subject
matter of the petition with the details of the petition.
[6]
Property owner's name, signature, address, telephone number,
and other contact information.
(b)
For an amendment to the text of the Zoning Ordinance: a description
of the proposed changes.
C.
Planning Commission recommendation.
(1)
The Mayor and City Council may refer a text or map amendment
application to the Planning Commission for review and recommendation
before taking action on such application.
(2)
The Planning Commission shall review each text or map amendment,
referred by Mayor and Council, at a regular or special meeting and
forward a recommendation to the Mayor and City Council in a timely
fashion.
D.
Public hearing.
(1)
Mayor and City Council to hold hearing.
(2)
Public notice.
(a)
At least 15 days' notice of the public hearing shall be published
in an official newspaper of the City or a newspaper of general circulation
in the City.
(b)
The notice shall provide information about the nature of the
proposed amendment and announce the date, time, and place of the public
hearing.
(c)
A copy of the newspaper notice shall also be given to the property
owners, certified by the petitioner to be the property owners within
200 feet of the boundaries of the subject property.
(4)
(5)
Adoption procedure. An amendment to the text or map of this
chapter shall be made by ordinance.
E.
Limitation on reapplication. Whenever a petition requesting an amendment,
supplement or change has been denied by the Mayor and Council, such
petition, or one substantially similar, shall not be reconsidered
sooner than one year after the previous denial.
F.
Revocation. Whenever a petition requesting an amendment, supplement
or change has been granted by the Mayor and Council, the amendment
shall become void unless the applicant shall have commenced within
one year after the adoption of the amendment with development of the
property, and the zoning shall revert to the same zoning as it was
prior to the adoption of the amendment.
A.
Violations enumerated. The following actions shall be violations
of this chapter:
(1)
Failure to secure a building permit, certificate of zoning compliance,
temporary use permit, sign permit, or certificate from the Board of
Adjustment, when required, previous to the erection, construction,
extension, or demolition of, or addition to, a building.
(2)
Failure to secure a certificate of occupancy or certificate
of compliance.
B.
Who shall be liable. Any person or entity who knowingly commits,
takes part or assists in, any violation or who maintains any buildings
or premises in which a violation exists, including, but not limited
to, the following:
(1)
The owner, general agent or contractor of a building or premises
where such violation has been committed or shall exist; and
(2)
The lessee or tenant of an entire building or entire premises
where such violation has been committed or shall exist; and
(3)
The owner, general agent, contractor, lessee or tenant of any
part of a building or premises in which such violation has been committed
or shall exist; and
(4)
The general agent, architect, builder, contractor or any other
person.
C.
Penalties if convicted. If convicted, a person or entity, as enumerated
in this section, shall be subject to the following:
D.
Each day a separate offense. Whenever the Building Official shall
have notified a person by service of a warrant in a prosecution or
in any other way that he/she is committing such violation of this
chapter, each day that such violation continues shall be deemed a
separate offense punishable by like fine or penalty.
E.
Unlawful construction declared nuisance. Any building or portion
thereof or part of foundation wall hereafter erected or placed upon
any lot or premises within the City in violation of the provisions
of this chapter is hereby declared to be a common and public nuisance
and may be abated in the same manner provided by the Charter of the
City of Lewes for the abatement of any other nuisance in addition
to the provisions of this chapter.
F.
Violation abatement. In addition to any other remedy provided by
law, an appropriate action or proceeding, whether by legal process
or otherwise, may be instituted to:
(1)
Prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use;
(2)
Restrain, correct, abate such violation;
(3)
Prevent the occupancy of such building, structure or land; or
(4)
Prevent any illegal act, conduct, business or use in and about
such premises.
