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Bridgeville City Zoning Code

ARTICLE XXI

Text and Map Amendments

§ 234-93 Statutory authority.

Pursuant to 22 Del. C. §§ 304 and 305, the Town Commissioners may amend, supplement, change, or modify the number, shape, area, boundaries of the zoning districts, or the text of the regulations contained in this chapter.

§ 234-94 Initiation; review by Planning and Zoning Commission.

A. 
Pursuant to Section 15 of the Bridgeville Town Charter, an amendment to either the text of this chapter or the Zoning Map shall be initiated by introducing an written ordinance at a regular meeting of the Town Commissioners. Planning and Zoning Commission Recommendation.
B. 
The Planning and Zoning Commission shall review each text and map amendment ordinance at a regular or special meeting and forward a recommendation to the Town Commissioners.

§ 234-95 Town Commissioners' hearing; ordinance adoption procedure.

A. 
Town Commissioners to hold hearing.
(1) 
Pursuant to 22 Del. C. § 304, the Town Commissioners shall hold a public hearing on each ordinance proposing an amendment to the text of this chapter or the Zoning Map.
(2) 
The Town Commissioners shall set a public hearing date that allows sufficient time for the Planning and Zoning Commission to submit its recommendation.
B. 
Public notice. As provided for in 22 Del. C. § 304:
(1) 
Prior to the public hearing, a notice shall be published in an official newspaper of general circulation in the Town.
(2) 
The notice shall provide information about the nature of the proposed amendment and announce the time and the place for the public hearing.
C. 
Timing of public hearing. The public hearing shall be held within 15 days of publication of the notice as mandated in 22 Del. C. § 304.
D. 
Conduct of public hearing.
(1) 
The Planning and Zoning Commission's recommendation shall be presented at the public hearing and made a part of the hearing record.
(2) 
All interested parties and citizens shall be given an opportunity to be heard as required in 22 Del. C. § 304.
E. 
Review criteria.
(1) 
Text amendment.
(a) 
For an amendment to the text of this chapter, the Town Commissioners shall consider:
[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 warrants change.
(b) 
The Town Commissioners may make changes to a proposed text amendment.
(2) 
Rezoning.
(a) 
For an amendment to district boundaries, the Town Commissioners shall consider:
[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 Plan.
(b) 
Limitations.
[1] 
Pursuant to 22 Del. C. § 702(c), 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.
[2] 
The Town Commissioners may not add land to what was included in the proposed amendment.
(3) 
Residential Planned Community (RPC). See § 234-38.
F. 
Ordinance adoption procedure.
(1) 
One reading required. Pursuant to Section 15 of the Bridgeville Town Charter, the Town Commissioners shall not take action on an ordinance proposing an amendment to either the text of this chapter or the Zoning Map unless it shall have been read in its entirety at least once prior to the taking of the vote.
(2) 
Simple majority when amendment not protested. Pursuant to Section 13 of the Bridgeville Town Charter, no ordinance proposing an amendment to either the text of this chapter or the Zoning Map shall be valid, unless it shall have the affirmative vote of a majority of the members elected to the Town Commission.
(3) 
Super majority when amendment protested. Pursuant to 22 Del. C. § 305, a favorable vote of 3/4 of the members elected to the Town Commission is required for an amendment, modification, appeal, supplement, when a protest is 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.

§ 234-96 Limitation on reapplication.

The Town Commissioners shall not receive any application for an amendment, supplement, change, modification, or repeal requesting substantially the same relief with regard to the same property for a period of one year following a decision by the Town Commissioners.