A. 
The City Council shall establish a schedule of fees as set by resolution of the City Council from time to time, charges and expenses, and a collection procedure, for building permits, zoning certificates of compliance, historic review certificates, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the offices of the City Clerk and may be altered or amended only by the City Council.[1]
[Amended 12-9-1997 by Ord. No. 379]
[1]
Editor's Note: The current Fees Resolution is located in the Appendix of this volume.
B. 
No certificate, permit or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Adjustment unless or until preliminary charges and fees have been paid in full.
[Amended 12-9-1997 by Ord. No. 379; 5-10-2011 by Ord. No. 480]
A. 
Any amendment shall be in accordance with the Comprehensive Plan or, if inconsistent, shall only become effective upon the adoption of an amendment to the Comprehensive Plan.
[Amended 12-12-2023 by Ord. No. 540]
B. 
The Council may, from time to time, on its own motion, on the motion of the Planning Commission, or on petition by the owner, amend, supplement, change, modify, or repeal the zoning regulations, restrictions, and boundaries in a manner and in accordance with the procedure hereinafter provided.
(1) 
Amendments initiated by the Planning Commission. When an amendment, supplement, change, modification or repeal is initiated by the Planning Commission, the proposal shall be presented to the Council, which shall then proceed in the same manner as with a petition to the Council which has already been reviewed by the Planning Commission.
(2) 
Amendment initiated by the Council. When an amendment, supplement, change, modification or repeal is initiated by the Council, it shall first submit the proposal to the Planning Commission for review and recommendations.
(3) 
Amendment initiated by petition. When an amendment, supplement, change, modification or repeal is initiated by petition of a property owner, the Council shall hear the petition and refer it to the Planning Commission for a report and recommendation as provided in Subsections C and D below. Amendments initiated by petition must be accompanied by a concept plan containing the information described in Attachment 2 of this chapter. The purpose of the concept plan is for the Council and the Planning Commission to assess the amendment proposal and to identify any service problems, land use conflicts or concerns in conjunction with the applicant's objectives. The requirement that a concept plan accompany an amendment shall not impact the Planning Commission's authority to require additional zoning support information as described in Subsection D below.
[Amended 12-12-2023 by Ord. No. 540]
C. 
All proposals for amending, supplementing, changing, modifying, or repealing the zoning regulations, restrictions or boundaries, before being acted upon by the Council, except those originating on motion of the Planning Commission, shall be referred by the Council to the Planning Commission for consideration and recommendation. The Planning Commission shall study all such proposals, whether originating with the Planning Commission or otherwise, and shall conduct a public hearing thereon per the requirements of § 230-62 and shall further provide notice of the public hearing by first class mail sent at least 15 days prior to the public hearing to the owners of the lots included in such proposed change and those immediately adjacent thereto extending 100 feet therefrom, and those directly opposite thereto, extending 100 feet back from the street frontage of such opposite lots.
D. 
The Planning Commission is hereby granted the authority to require, and shall require prior to its public hearing, as a condition to consideration of any proposal for amending, supplementing, changing, modifying, or repealing the zoning regulations, restrictions or boundaries, that a proposal originating from the Council, or from the Planning Commission itself, or from a petition of a property owner, be prepared and submitted accompanied by such maps, charts, sketches, rationale and other information as the Planning Commission reasonably deems necessary for the proper and effective consideration of such proposal (zoning support information), and the Planning Commission shall refuse to consider any proposal not complying with such requirement. Citizens shall be permitted to examine, review, and receive copies of all zoning support information in accordance with the Delaware Freedom Of Information Act. The Planning Commission shall provide the Council with its recommendation for action of the amendment request upon completion of its review and conduct of a duly advertised public hearing, but no later than the greater of:
(1) 
Ninety days following its initial receipt of the proposal or petition; or
(2) 
Sixty days of its receipt of a complete set of zoning support information as requested by the Planning Commission.
E. 
No proposed amendment, supplement, change, modification, or repeal of any zoning regulation, restriction, or boundary, shall become effective until after a public hearing in relation thereto shall have been held by the Council after the Council has received the recommendation from the Planning Commission, at which parties in interest and citizens shall have an additional opportunity to be heard. The Council shall conduct its public hearing thereon per the requirements of § 230-62 and shall further provide notice of the public hearing by first class mail sent at least 15 days prior to the public hearing to the owners of the lots included in such proposed change and those immediately adjacent thereto extending 100 feet therefrom, and those directly opposite thereto, extending 100 feet back from the street frontage of such opposite lots.
F. 
In the event of a protest against such changes signed by the owners of 20% or more, either of the area of the lots included in such proposed change, or of those immediately adjacent thereto extending 100 feet therefrom, or of those directly opposite thereto, extending 100 feet back from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of 3/4 of all the members of the Council. All protests under this section must be filed with the City Administrator by the close of the business day preceding the hearing date published under § 230-61E.
G. 
The Council may assign conditions to amendments initiated by petition, including but not limited to future development of the lands subject to the petition being substantially consistent with any concept plan required under Sections B or D above.
[Added 12-12-2023 by Ord. No. 540[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections G and H as Subsections H and I, respectively.
H. 
If, after due consideration, a proposal is denied, such proposal shall not be eligible for reconsideration for a period of two years after final action by the Council, except upon the favorable vote of 3/4 of the Planning Commission or Council.
I. 
The foregoing subsections and Code amendment shall not apply to the City's proposed Ordinance Nos. 477, 478 and 479, relative to formation of the Downtown Gateway (DG) Zoning District, which ordinances have already been the subject of public hearings and have completed the first and second reading phase of consideration and adoption by the City Council, prior to adoption of this section.
After adoption of this chapter where the City Council, Board of Adjustment, Historic Area Commission and Planning Commission are required to conduct public hearings prior to acting on specific matters, public hearings shall be advertised in the following manner:
A. 
Date, time, place and brief descriptions of the nature of the hearing shall be published in a newspaper of general circulation in the City at least 15 days prior to the hearing.
B. 
Where specific properties are involved they shall be conspicuously posted so that the notice can be read from the street indicating the date, time, place and brief description of the nature of the hearing at least 15 days prior to the hearing.
C. 
Notice shall be posted outside the City Hall indicating the date, time, place and brief description of the nature of the hearing.
On their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of any other lawfully adopted rules, regulations, ordinance, deed restrictions or covenants, the more restrictive of those imposing the higher standard shall govern.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaints stating fully the causes and bases thereof shall be filed with the administrative official. The administrative official shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter. The administrative official shall notify the source of any complaint, in writing, of the results of his investigation.
A. 
Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
B. 
The owner or tenant of any building, structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
C. 
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
[Added 8-14-2001 by Ord. No. 400]
Notwithstanding §§ 230-5, 230-42 or any other provisions of the Code of the City, where property has been annexed into the City for which a prior land use event has occurred within one year preceding the date of annexation, such property may be developed and used as permitted by the provisions of the New Castle County Code including, but not limited to, Chapter 40 thereof known as the Unified Development Code or the UDC in effect as of the date of annexation or as otherwise set forth in any land use approval granted by New Castle County or any permit issued by New Castle County, or any plans constituting a part of a prior land use event; provided, however, if any provision of the Code of the City is less restrictive or less burdensome than the comparable provision of the New Castle County Code, the less restrictive and less burdensome provision of the Code of the City shall prevail and govern.
A. 
For purposes of this § 230-66, a prior land use event is any one or more of the following:
(1) 
The recording of a plan approved by New Castle County; or
(2) 
The issuance of a building or demolition permit by New Castle County; or
(3) 
The filing with New Castle County of a substantially complete set of plans in support of the land use approval or permit which is sought.
B. 
Any building or structure constructed, or lot developed, or use made of such lot in accordance with the provisions of this section shall be considered to be in compliance with and conforming to the requirements of the Code of the City.