The procedure for change of the extent of land use for an approved
conditional use shall be the same for a new application, except that
minor amendments of an approved site plan or of conditions attached
to an approved conditional use, or site plan, may be approved by the
Town Building Code Official without a public hearing, provided such
change or amendment:
A. Does not alter a recorded plot;
B. Does not conflict with the specific requirements of the chapter;
C. Does not change the general character or content of an approved development
plan or use;
D. Applies to an approved condition origination with the Board of Adjustment;
E. Has no appreciable effect on adjoining or surrounding property;
F. Does not result in any substantial change of major external access
points;
G. Does not increase the approved number of dwelling units or height
of buildings; and
H. Does not decrease the minimum specified yards and open spaces or
minimum or maximum specified parking and loading spaces.
All applications for building permits shall be accompanied by
a drawing or plat in duplicate or as required by the Town Building
Code Official showing, with dimensions, the lot lines, the building
or buildings, the location of buildings on the lot and such other
information as may be necessary to provide for the enforcement of
these regulations, including, if necessary, a boundary survey and
a staking of the lot by a surveyor and complete construction plans.
The drawings shall contain suitable notations indicating the proposed
use of all land and buildings. A record of the original copy of such
applications and plats shall be kept at the building at all times
during construction.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, heath, convenience, comfort, prosperity, or
general welfare. It is not intended by this chapter to interfere with,
or abrogate or annul any easement, covenants, or other agreement between
parties; provided, however, that where this chapter imposes a greater
restriction upon land development or construction, or the use of buildings
or premises or upon height of buildings, or requires larger open spaces
than are imposed or required by other resolutions, ordinances, rules,
regulations, or by easements, covenants or agreements, the provisions
of this chapter shall govern. If, because of error or omission in
the Zoning District Map, any property in the jurisdiction of the Town
is not shown as being in a zoning district, the classification of
such property shall be classified NR until changed by amendment.
[Amended 12-6-2008 by Ord. No. 636 cont'd]
A. It shall be the duty of the Building Inspector to enforce the provisions
of this chapter and to refuse to issue any permit for any building
or certificate of occupancy or for the use of any premises which would
violate any of the provisions of said chapter. It shall also be the
duty of all officers and employees of the Town to assist the enforcing
officer by reporting to him any seeming violation in new construction,
reconstruction or land uses.
B. In case any building is erected, constructed, reconstructed, altered,
repaired, or converted or any building or land is used in violation
of this chapter, the Building Inspector is authorized and directed
to institute any appropriate action to put an end to such violation.
C. Any person who shall violate any of the provisions of this chapter or fails to comply therewith, or with any of the requirements thereof, or who shall build or after any building in violation of any detailed statement or plan submitted and approved hereunder shall have committed a civil offense pursuant to Chapter
80 of the Municipal Code of the Town of Dewey Beach. Each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this chapter shall be placed, or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith and who has assisted in the commission of any such violation, shall have committed a separate civil offense pursuant to Chapter
80 of the Municipal Code of the Town of Dewey Beach.
Any site plan approval for construction of residential or commercial
units in excess of one unit per parcel shall be rendered null and
void if substantial construction is not commenced within five years
of the date of approval of the plan or within five years after the
adoption of Ord. No. 529, March 12, 2005, whichever date occurs last.
For purposes of this section, the term "substantial construction"
shall mean that the right-of-way has been cleared, the roadway has
been graded, the drainage system and/or stormwater management facilities
have been completed, erosion and sediment control measures are in
place and are being actively maintained, electrical, sewer and water
utilities have been installed and building permits have been acquired
for all improvements.