A. 
Text amendment: addition, supplement, change, or modification to the text of this chapter.
B. 
Zoning Map amendment: addition, supplement, change, or modification to the Zoning Map.
(1) 
Comprehensive rezoning: rezoning of the entire municipality following the adoption of a Comprehensive Plan pursuant to Title 22, Section 702(c), of the Delaware Code or amendments thereto.
(2) 
Local rezoning: an amendment to the Zoning Map to change the zoning district(s) for one or more parcels outside of the comprehensive rezoning process pursuant to Title 22, Section 305, of the Delaware Code.
[Amended 12-12-2017 by Ord. No. 343]
A. 
By Town Council.
(1) 
The Town Council may amend, supplement, change, or modify the number, shape, area, or boundaries of the zoning districts (rezoning or Zoning Map amendment) by undertaking a comprehensive rezoning following adoption of a Comprehensive Plan or as a local rezoning.
(2) 
The Town Council may amend, supplement, change, or modify the text of the regulations (text amendment) contained in this chapter.
B. 
By property owner. A petition for change or amendment by a property owner shall be submitted to the Town Council and contain the following information.
(1) 
For a local rezoning:
(a) 
A metes and bounds description of the property.
(b) 
A recent survey plot of the property.
(c) 
A statement of the change requested and grounds to support it.
(d) 
A fee prescribed in the fee schedule.
(e) 
A certified list of all property owners and their addresses within 200 feet of the property which is the subject matter of the petition.
(f) 
The property owner's name, signature, address, telephone number, and other contact information.
(2) 
For an amendment to the text of this chapter: a description of the proposed changes.
A. 
An amendment to the text of this chapter or the Zoning Map shall be introduced at a regular or special meeting of the Town Council in the form of an ordinance.
B. 
Planning and Zoning Commission recommendation.
(1) 
Upon Town Council introduction and acceptance, an ordinance petitioning amendment to the text of this chapter or the Zoning Map shall be referred to the Planning and Zoning Commission for review and recommendation.
(2) 
The Planning and Zoning Commission shall review each ordinance petitioning amendment to the text of this chapter or the Zoning Map, at a regular or special meeting, and forward a recommendation to the Town Council in a timely manner.
(3) 
Planning and Zoning Commission recommendation required. The Town Council shall not adopt any amendment to the text of this chapter or the Zoning Map until it has received the Planning and Zoning Commission's recommendation on the amendment.
C. 
Readings and public hearings.
(1) 
Pursuant to § 2.309 of the Ocean View Town Charter, any ordinance petitioning amendment to the text of this chapter or the Zoning Map shall be read at two consecutive regular meetings of the Town Council. Each reading also shall be a public hearing on the proposed ordinance.
(2) 
The Town Council shall set dates for the readings and public hearings following receipt of the Planning and Zoning Commission's review and recommendation on the ordinance petitioning amendment to the text of this chapter or the Zoning Map.
A. 
Text amendment.
(1) 
Newspaper notice. The Town shall advertise both public hearings/readings in a newspaper of general circulation. Such notice shall appear at least 15 calendar days prior to the date of the first public hearing/reading and shall contain the following information:
(a) 
The locations, dates, and times of the public hearings/readings.
(b) 
Information on where full details of the application may be obtained, including hours of availability and phone number.
(2) 
Town Hall posted notice. Notice shall be posted at Town Hall at least 15 calendar days prior to the date of the first public hearing/reading and shall contain the same information as required for the newspaper advertisement.
(3) 
Internet posted notice. Notice shall be posted on the Town's website and shall contain the same information as required for the newspaper advertisement.
B. 
Comprehensive rezoning.
(1) 
Newspaper notice. The Town shall advertise the public hearings in a newspaper of general circulation. Such notice shall appear at least 15 calendar days prior to the date of the first public hearing/reading and shall contain the following information.
(a) 
Locations, dates, and times of the public hearings/readings.
(b) 
Information on where full details of the application may be obtained, including hours of availability and phone number.
(2) 
Mailed notice. The Town shall send by regular mail a copy of the newspaper notice to the last known address on file in the Town tax records of all property owners whose zoning district is proposed to be changed no fewer than 15 calendar days prior to the first public hearing/reading.
(3) 
Town Hall posted notice. Notice shall be posted at Town Hall and shall contain the same information as required for the newspaper advertisement no fewer than 15 calendar days prior to the first public hearing/reading.
(4) 
Internet posted notice. Notice shall be posted on the Town's website and shall contain the same information as required for the newspaper advertisement no fewer than 15 calendar days prior to the first public hearing/reading.
C. 
Local rezoning.
(1) 
Newspaper notice. The Town shall advertise the public hearings in a newspaper of general circulation. Such notice shall appear at least 15 calendar days prior to the date of the first public hearing/reading and shall contain the following information:
(a) 
Type of application.
(b) 
Short description of the proposed action.
(c) 
Description of the parcel and the approximate street location or address.
(d) 
Locations, dates, and times of the public hearings/readings.
(e) 
Information on where full details of the application may be obtained, including hours of availability and phone number.
(2) 
Notice to owner/applicant. The Town shall notify by regular mail the owner and/or applicant of the time and place of the hearing.
(3) 
Mailed notice. The Town shall send by regular mail a copy of the legal notice to the last known address on file in the Town tax records of all property owners within a two-hundred-foot radius of the property measured at each property line no fewer than 15 calendar days prior to the public hearing.
(4) 
Property posted notice. The Town shall erect a public hearing posted notice sign on all subject properties at least 10 days in advance of the first public hearing/reading.
(5) 
Town Hall posted notice. Notice shall be posted at Town Hall and shall contain the same information as required for the newspaper advertisement no fewer than 15 calendar days prior to the first public hearing/reading.
(6) 
Internet posted notice. Notice shall be posted on the Town's website and shall contain the same information as required for the newspaper advertisement no fewer than 15 calendar days prior to the first public hearing/reading.
A. 
The first public hearing/reading shall take place no fewer than 15 days following publication of the newspaper notice.
B. 
General.
(1) 
The Planning and Zoning Commission's recommendation shall be presented at the first public hearing/reading and made a part of the hearing record.
(2) 
All interested parties and citizens shall be given an opportunity to be heard, but presentation times may be limited as directed by the Town Council.
A. 
Text amendment.
(1) 
The relationship of the proposed change to the general purpose and intent of this chapter and the Comprehensive Plan.
(2) 
Information as to why the existing zoning text should be changed.
B. 
Comprehensive rezoning. Land shall be placed only in a zoning classification that is in accordance with the uses of land provided for in the comprehensive development plan pursuant to state law.
C. 
Local rezoning.
(1) 
Facts existing in the vicinity of the proposed change and the relationship of the proposed change to the general purpose and intent of the Comprehensive Plan.
(2) 
Whether the proposed zoning classification is in accordance with the land uses provided for in the comprehensive development plan.
Whenever a petition requesting an amendment, supplement or change has been denied by the Town Council, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial.