Bridgeville City Zoning Code
ARTICLE IV
Administrative Procedures
§ 234-20 Zoning certificate.
§ 234-21 Occupancy permit.
A.
Purpose. Ensure that the proposed uses of buildings and structures comply with the requirements of this chapter.
D.
Temporary occupancy permit.
(1)
Pending completion of a new building, or alterations to an existing building, the Administrator may issue a temporary occupancy permit to allow occupancy of a structure during alterations for up to six months.
(2)
A temporary occupancy permit may include conditions to safeguard a structure's occupants and the public.
§ 234-22 Development plan approval.
A.
General provisions.
(1)
Definition of a "development plan": A plan for the development of one or more lots, parcels, tracts, properties on which is shown the existing and proposed conditions, including, but not limited to, topography, vegetation, drainage, floodplains, wetlands, waterways, landscaping and open spaces, walkways, exits and entrances, circulation, utility services, lot lines, easements, structures and buildings, signs, lighting, parking, screening, surrounding development, and any other information that may be reasonably required so that the Town can make an informed decision.
(2)
Purposes:
(a)
Guide the growth and development of the Town in accordance with the Comprehensive Plan and this chapter.
(b)
Establish design standards and procedures for development plan review.
(c)
Encourage an orderly layout of land uses.
(d)
Ensure that existing or planned public facilities have, or will have; sufficient capacity to service proposed developments.
(e)
Minimize and manage the impact of development on air, water, and other natural resources.
(f)
Provide for open space especially in new developments.
(3)
When required; exceptions.
[Amended 8-13-2012 by Ord. No. A12-3]
(b)
Exceptions.
[1]
When the proposed development is for a single-family home on a single, recorded lot where the owner of such a lot does not own, or have control over, adjoining vacant land.
[2]
When the development plan review is required by §§ 234-32B(2) or 234-33B(2) and the proposed use is in an existing building or structure and requires no alterations, additional parking, or the construction or extension of public utilities or streets.
(4)
Plan submission.
(a)
Plans, drawings, and supporting materials shall be submitted to the Administrator.
(b)
The Administrator shall determine the number of copies needed and provide forms to facilitate application processing.
(c)
The Administrator shall refer the plans, drawings, and supporting materials to the Planning and Zoning Commission in accordance with the schedule below.
Deadlines | Sketch Plan | Preliminary Development Plan and Minor Development Plan | Final Development Plan | |
|---|---|---|---|---|
Submitting plan to Administrator before next Planning and Zoning Commission meeting | N/A | 15 days | 10 days | |
Acting on plan following Planning and Zoning Commission meeting. | N/A | 60 days | 45 days |
(5)
Duration, revocation, and extensions.
[Amended 2-13-2012 by Ord. No. A11-7]
Item | Sketch Plan | Preliminary Development Plan | Final Development Plan and Minor Development Plan | Record Plat | |
|---|---|---|---|---|---|
Duration of plan approvals beginning at approval or recording date | N/A | 2 years | 1 year | 5 years | |
Number/duration of extensions permitted, provided that the applicant can demonstrate that delays were beyond his/her control | N/A | 1/1 year | 1/1 year | None |
(6)
Record plats.
(a)
Definition: A map depicting the details of a subdivision plan that needs to be recorded with the County Recorder of Deeds.
(b)
Contents: The record plat shall contain the data and information required for a final plat set forth in the Code of Sussex County, Delaware, Chapter 99, Subdivision of Land.
(c)
Responsibility: The applicant is responsible for submitting a record plat to the County Recorder of Deeds and returning a reproducible and a paper copy to the Administrator.
(7)
Required information
Information Required for Development Plan Review | Sketch Plan | Preliminary Development Plan | Final or Minor Development Plan | See Also |
|---|---|---|---|---|
Plat Information | ||||
Name and address of owner and applicant | R | R | R | |
Subdivision name | R | R | R | § 234-56D |
Signature and seal of a registered Delaware land surveyor or professional engineer | R | R | ||
Name, signature, license number, seal, and address of engineer, land surveyor, architect, planner, and/or landscape architect, as applicable, involved in preparation of plat | R | R | ||
Title block denoting type of application, Tax Map sheet, county, municipality, block, lot, and street location | R | R | ||
A vicinity map at specified scale showing location of tract with reference to surrounding properties, streets, municipal boundaries, etc. within 500 feet; date of current survey | R | R | ||
Schedule of required and provided zoning district standards, including lot area, width, depth, yard, setbacks, building coverage, open space, parking, etc. | R | R | ||
North arrow and scale | R | R | R | |
Signature blocks for Planning and Zoning Commission Chairperson and/or pertinent Town official, pertinent Sussex County officials, Town Engineer | R | |||
Certification blocks for surveyor, engineer, architect including surveyor's or engineer's seal, signature, and certification statement that the final plat, as shown, is a correct representation of the survey as made, that all monuments indicated thereon exist and are correctly shown, and that the plat complies with all requirements of this chapter and other applicable laws and regulations | R | |||
Locations and descriptions of all permanent survey monuments | R | § 234-56E | ||
Plan sheets no larger than 24 inches by 36 inches including a 1/2-inch margin outside of border lines or other size acceptable to Sussex County | ||||
Metes and bounds description showing dimensions, bearings, curve data, length of tangents, radii, arcs, chords, and central angles for all center lines and rights-of-way and center line curves on streets | R | |||
Acreage of tract to nearest tenth of an acre | G | R | R | |
Date of original and all revisions | R | R | R | |
Size and location of existing or proposed structures with all setbacks dimensioned | G | R | R | |
Proposed lot lines and areas of lots in square feet | R | R | R | § 234-57 |
Locations and dimensions of existing and proposed streets | G | R | R | |
Copy and/or delineation of existing deed restrictions or covenants | R | R | ||
Copies of and a summary of deed restrictions for the new subdivision, including agreements for the operation and maintenance by the property owners or agency in the subdivision of common areas, open space, recreation facilities, surface drainage facilities, erosion and sedimentation control facilities, water supply facilities, sanitary sewer facilities, forested buffer strips, or other improvements deemed necessary by the Planning and Zoning Commission | G | R | ||
Owners' certification, acknowledging ownership of the property and agreeing to the subdivision thereof as shown on the plat and signed by the owner(s) | R | |||
Owners' statement dedicating streets and other public ways for public use | R | |||
Existing or proposed easement or land either reserved for or dedicated to public use or the residents of the proposed development | G | R | R | |
Development or staging plans | G | G | R | |
List of required regulatory approvals or permits | G | R | R | |
Variances requested | G | R | R | § 234-23 |
Conditional uses required | G | § 234-24 | ||
Payment of application fees | R | R |
KEY: |
|---|
Blank = No requirement |
G = General information |
R = Complete data or information required |
Information Required for Development Plan Review | Sketch Plan | Preliminary Development Plan | Final or Minor Development Plan | See Also |
|---|---|---|---|---|
Setting—Environmental Information | ||||
Property owners and lines of all parcels within 200 feet identified on most recent Tax Parcel Map | G | R | R | |
Land used primarily for agricultural purposes, lands in Agricultural Preservation Districts, and lands whose development rights have been sold to preserve them for farming (PDRs) | G | R | R | |
Existing streets, watercourses, floodplains, wetlands or other environmentally sensitive areas on and within 200 feet of site | G | R | R | |
Location of all wetlands and supporting documentation | G | G | R | |
Location of 100-year floodplain based on current Flood Insurance Rate Map (FIRM) | G | R | R | |
Water-resource protection areas | G | R | R | |
Existing right-of-way and/or easements on and within 200 feet of site | R | R | R | |
Topographical features of the site from the USC&GS Map | R | R | ||
Existing and proposed contour intervals based on USC&GS data at 1-foot intervals: contours shall extend at least 200 feet beyond subject property | R | R | ||
Boundary limits, nature and extent of wooded areas, specimen trees, and other significant features | G | R | R | |
Existing drainage system of site and of any larger tract or basin of which it is a part | R | R | ||
Drainage Area Map | R | R | ||
Drainage calculations | R | R | ||
Improvements and Construction Information | ||||
Water supply and distribution plan | R | R | ||
Sewage collection and treatment plan | R | R | ||
Soil erosion and sediment control plan | G | R | ||
Grading plan | G | R | ||
Permanent stormwater management plan | G | |||
Solid waste management plan | ||||
Additional utility infrastructure plans, including gas, telephone, electric, cable TV | G | R | R | |
Open space and recreation plan | G | R | R | |
Detailed lighting plan | G | R | R | |
Detailed landscape plan | G | R | R | |
Site identification signs, traffic control signs, and directional signs | G | R | R | |
Sight triangles | G | R | R | |
Vehicular and pedestrian circulation patterns | G | R | R | |
Parking and loading plan showing spaces, size, type, aisle width, curb cuts, drives, driveways, and all Ingress and egress areas and dimensions | G | R | R | |
Spot and finished elevations at all property corners, corners of all structures or dwellings, existing or proposed first floor elevations | G | R | R | |
Construction details, such as cross sections and profiles, as required by applicable laws, regulations, and policies | G | R | R | |
Proposed street names | G | R | R | |
New blocks lettered consecutively; lots numbered in consecutive numerical order | G | R | R | |
Preliminary architectural plans and elevations | G | R | ||
Other information required by Town of Bridgeville, Sussex County, or other departments and agencies involved in plan approval | G | R | R |
B.
Minor development review process.
(1)
Definition of a "minor development plan": a plan for the subdivision and/or development of property that:
(a)
Creates fewer than four lots; and
(b)
Does not require the construction and/or extension of public utilities or streets; and
(c)
Is not subject to review under the preliminary land use system (PLUS) set forth in Title 29 of the Delaware Code or the provisions of the current Memorandum of Understanding between the Town and the Office of State Planning Coordination.
(2)
Review and approval.
(a)
Each minor development plan shall be reviewed for consistency with the current, certified, Comprehensive Plan and compliance with this chapter.
(b)
Referrals to other agencies.
[1]
The Planning and Zoning Commission may request review and comment on a preliminary development plan from the Town Engineer, pertinent state departments (such as Natural Resources and Environmental Control, Education, Transportation), State Fire Marshal, Sussex County departments and agencies (particularly infrastructure providers), and any other appropriate agency or person.
[2]
The Planning and Zoning Commission shall allow sufficient time for the departments and agencies to respond before taking action on a preliminary development plan.
(c)
The Planning and Zoning Commission may approve a minor development plan with conditions.
(d)
The applicant is responsible for demonstrating, to the satisfaction of the Administrator, compliance with conditions as a prerequisite to obtaining a zoning certificate.
 |
C.
Major development review process.
(1)
Definition of a "major development plan:" a plan for the subdivision and/or development of property that:
(a)
Creates more than five lots; or
(b)
Requires the construction or extension of public utilities or streets; or
(c)
Is subject to review under the preliminary land use system (PLUS) set forth in Chapter 29 of the Delaware Code or the provisions of the current Memorandum of Understanding between the Town and the Office of State Planning Coordination.
(2)
Sketch plan.
(a)
Definition: an informal drawing of a development plan of sufficient accuracy to be used for discussion only.
(b)
Prior to submitting a preliminary development plan, an applicant may submit a concept plan to the Administrator and/or the Planning and Zoning Commission to be used as the basis for discussion and to receive direction on preparation of the preliminary plan, but not for approval or disapproval.
(3)
Preliminary development plan.
(a)
Definition: a detailed map showing the proposed layout of a subdivision, site, parcel, tract, land, property, or residential planned community submitted for preliminary approval.
(b)
Planning and Zoning Commission review. The Planning and Zoning Commission shall review each preliminary development plan and forward comments and recommendations to the Town Commissioners.
(c)
Intergovernmental coordination.
[1]
Compliance with PLUS. No development plan, subject to review pursuant to the preliminary land use service (PLUS) authorized in Title 29, Chapter 92, of the Delaware Code and/or the provisions of a Memorandum of Understanding between the Town and the Office of State Planning Coordination, shall receive preliminary approval until the Office of State Planning Coordination has provided written comments to the Town.
[2]
Referrals to other agencies. The Town Commissioners may request review and comment on a preliminary development plan from the Town Engineer, pertinent state departments (such as the Departments of Natural Resources and Environmental Control, Education, Transportation), Sussex County departments and agencies (particularly infrastructure providers), and any other appropriate agency or person.
(d)
Review and approval.
[1]
Before taking action on a preliminary development plan, the Town Commissioners shall allow sufficient time for the Planning and Zoning Commission, the Office of State Planning Coordination, departments, and agencies to respond.
[2]
The Town Commissioners may approve a preliminary development plan with conditions.
[3]
The applicant is responsible for demonstrating, to the satisfaction of the Administrator, compliance with conditions as a prerequisite to final development plan approval.
(4)
Final development plan.
(a)
Definition: a detailed map showing the layout of a subdivision, site, parcel, tract, land, property, or residential planned community submitted for final approval and that incorporates the conditions on which approval of the preliminary development plan was based.
(c)
The applicant is responsible for demonstrating, to the satisfaction of the Administrator, compliance with conditions as a prerequisite to obtaining a zoning certificate.
 |
§ 234-23 Administrative reviews and variances.
A.
Application and review process.
(1)
Application submission.
(a)
Applications for administrative reviews and variances shall be submitted to the Administrator. The Administrator shall provide forms to facilitate application processing.
(b)
Applications shall be made in writing and shall provide the following information:
[1]
Information about the owner and applicant.
[2]
Statement of the type of relief, permission, or review requested.
[3]
Information about the property for which the application or review is being made.
[5]
Plans or drawings that support or clarify the relief or permission requested.
[6]
Other information requested by the Board.
(2)
Burden of proof on applicant. An applicant for an administrative review or a variance shall have the burden of presenting the information needed by the Board to make a determination.
(3)
Board of Adjustment hearing.
(a)
Scheduling. The Board of Adjustment shall schedule a public hearing.
(b)
Public notice.
[1]
Contents. The public notice shall specify the time, place, and nature of the hearing.
[2]
How given. At least 15 days prior to the public hearing, the following notices shall be in place.
[a]
Publication. A legal notice shall be published in a newspaper of general circulation.
[b]
Property posting. For an application concerning a specific property, a sufficiently large sign shall be posted on the subject property in a visible location.
[c]
Town Hall. Notice shall be posted at the Town Hall.
(c)
Public hearing.
(4)
Relationship to development plan review.
(a)
Approval of an application by the Board of Adjustment does not supersede or obviate the need for complying with any development plan review standards or requirements.
(b)
The Board of Adjustment may condition approvals on satisfactory compliance with applicable development review standards and/or may request that the Planning and Zoning Commission conduct development plan review in conjunction with its review and recommendation on an application.
(5)
Duration, revocation, and extension.
(a)
The duration of an approved application is 12 months from its approval date.
(b)
If a landowner, developer, agent, representative, or designee fails to make substantial progress in developing the land within 12 months, the application is automatically revoked.
(c)
The Board may grant only one six-month extension and only if the applicant can demonstrate that delays were beyond his/her control.
(6)
Reapplications and appeals.
(a)
Limitation on reapplications. The Board shall not hear or accept an application requesting substantially the same relief or permission for the same property for a period of 12 months from that date of a resolution taking action on the application.
(b)
Appeals to Superior Court. Appeals of the Board's decisions shall be made to the Superior Court as provided in 22 Del C. §§ 328 through 332.
B.
Administrative review.
(1)
Purpose: provide a mechanism for appeals where an error is alleged in any interpretation, order, requirement, decision, or determination made by the Administrator, or designee, in the administration of this chapter.
(2)
Procedure. In order for the Board to conduct an administrative review:
(a)
The Administrator shall issue a written interpretation, requirement, decision, or determination. The Administrator's written product shall include information about the applicant's/property owner's situation, request, inquiry, etc., and references to pertinent sections of this chapter to support the interpretation, requirement, decision, or determination.
(b)
The Administrator shall make every effort to present the written product to the applicant, including, but not limited to, return receipt mailing.
(c)
The applicant shall file a written request for administrative review within 30 days after receiving written notice of the Administrator's action.
(3)
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the Administrator certifies to the Board of Adjustment that a stay would cause imminent peril to life or property. In such a case, proceedings shall be stayed only by a restraining order granted by the Board of Adjustment or a court having jurisdiction.
C.
Variances.
(1)
Definition: relief from the strict application of the provisions of this chapter when, owing to special conditions or exceptional situations, a literal interpretation of this chapter will result in unnecessary hardship or exceptional practical difficulties to the property owner.
(2)
Required findings. The Board shall determine whether each variance application meets the following criteria.
(a)
The variance relates to a specific parcel of land, and the hardship is not shared generally by other properties in the same zoning district and vicinity.
(b)
The variance can be granted without substantial detriment to the public good.
(c)
The benefits from granting the variance would substantially outweigh any detriment.
(d)
The variance would not substantially impair the intent and purposes of the Comprehensive Plan or this chapter.
(3)
Additional standards.
(a)
Use variances not authorized. These provisions governing variances shall not be construed to permit the Board, under the guise of a variance, to authorize a use of land not otherwise permitted in this chapter.
(b)
Nonconforming situations not grounds for variance. Nonconforming, lots, structures, uses, or signs shall not be considered grounds for granting variances.
§ 234-24 Conditional uses.
A.
Definition: uses that are generally desirable for the general convenience and welfare but, because of their nature, require additional review to assess their impact on neighboring properties and the entire Town.
B.
Application and review process.
(1)
Application submission.
(a)
Applications for conditional uses shall be submitted to the Administrator. The Administrator shall provide forms to facilitate application processing.
(b)
Applications shall be made in writing and shall provide the following information:
[1]
Information about the owner and applicant.
[2]
Statement of the type of relief, permission, or review requested.
[3]
Information about the property for which the application or review is being made.
[5]
Plans or drawings that support or clarify the relief or permission requested.
[6]
Other information requested by the Town Commissioners.
(2)
Burden of proof on applicant. An applicant for a conditional use shall have the burden of presenting the information needed by the Town Commissioners to make a determination.
(3)
Planning and Zoning Commission Review. The Planning and Zoning Commission shall review each conditional use application at a regular or special meeting and forward a recommendation to the Town Commissioners.
(4)
Town Commissioners' review.
C.
Required findings. The Town Commissioners shall determine whether each conditional use application:
(1)
Is in harmony with the purposes and intent of the Comprehensive Plan.
(2)
Will be in harmony with the general character of its neighborhood considering density, design, bulk, and scale of proposed new structures.
(3)
Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties.
(4)
Will not cause objectionable noise, vibrations, fumes, odors, dust, glare, or physical activity.
(5)
Will have no detrimental effect on vehicular or pedestrian traffic.
(6)
Will not adversely affect the health, safety, security, or general welfare of residents, visitors, or workers in the area.
(7)
Complies with all other applicable standards, laws, and regulations in addition to the provisions of this chapter.
D.
Relationship to development plan review.
(1)
Approval of an application by the Town Commissioners does not supersede or obviate the need for complying with any development plan review standards or requirements.
(2)
The Town Commissioners may condition approvals on satisfactory compliance with applicable development review standards and/or may request that the Planning and Zoning Commission conduct development plan review in conjunction with its review and recommendation on an application.
E.
Duration; revocation; extensions; expiration.
(1)
Duration. The duration of an approved conditional use application is one year following its approval date.
(2)
Revocation. If the applicant, owner, or agent fails to make substantial progress in development of or construction on the property within one year of the approval date, the conditional use approval is automatically revoked.
(3)
Extensions. The Town Commissioners may grant no more than two, one-year extensions for good cause especially when an applicant can demonstrate that delays were beyond his/her control.
(4)
Expiration. Conditional use approvals expire when a use is abandoned.
F.
Additional requirements for certain conditional uses. The following requirements are in addition to the required findings in § 234-24C for the approving of the conditional uses listed below.
(1)
Adult entertainment establishments.
(a)
An adult entertainment establishment, as defined in Title 24, Chapter 16, of the Delaware Code, shall be permitted under the following conditions:
[1]
It is not located in the same building as another adult entertainment establishment.
[2]
It is located at least 1,500 feet from a building housing another adult entertainment establishment.
[3]
It is located at least 1,000 feet from any residentially used property unless approved by a majority of the property owners within the one-thousand-foot radius.
[4]
It is located at least one mile from any church, school, hospital, or similar institution.
[5]
Meets other applicable requirements set forth in Title 24, Chapter 16, of the Delaware Code.
(b)
Distances between uses and buildings shall be measured from property line to property line.
(2)
Cemeteries.
(a)
Minimum area: 10 acres, unless associated with a church or limited to use by a family.
(b)
Perpetual maintenance. The applicant shall document, to the satisfaction of the Town Attorney, that arrangements have been made for the perpetual maintenance of the cemetery.
(c)
Crematorium. A crematorium shall be located at least 200 feet from all boundaries of the cemetery tract.
(4)
Conversion of single-family dwelling to two-family or multiple-family dwelling.
(5)
Drive-in theater.
(a)
Direct access from a major highway shall be avoided, and proper traffic safeguards shall be provided.
(b)
Facilities shall be provided, between the access street and the ticket gates, to accommodate a queue of automobiles equal to at least 25% of the theater capacity.
(c)
No structures, other than an enclosure fence, shall be located within 50 feet of the tract boundary.
(d)
The face of the theater screen (i.e., the side on which the picture is displayed) shall be located so that it is:
[1]
At least 100 feet from any major highway, arterial street, or residentially zoned property; and
[2]
Not facing any major highway, arterial street, or residentially zoned property, unless a natural or artificial barrier renders the face of the screen invisible from the major highway, arterial street, or residentially zoned property.
(e)
Sound speakers shall be provided for every vehicle.
(f)
Low-volume speakers may supply sound to refreshment stands and other service areas.
(g)
Accessory uses and structures shall be incidental to the theater operation and serve only theater patrons while such patrons are in the theater enclosure. Such uses include, but are not limited to, refreshment stands and toilet facilities.
(6)
Dwelling, manufactured home.
(9)
Swimming or tennis clubs: private, nonprofit, or commercially operated.
(a)
Permitted outdoor facilities: limited to games and outdoor uses, such as swimming pools, shuffleboard, croquet, or tennis courts.
(b)
Permitted indoor facilities: meeting rooms and locker rooms.
(d)
Games and pool areas: 25 feet from side and rear lot lines.
(e)
Pumps and filters: 50 feet from adjoining properties.
[1]
Screening. Screening and fencing shall be provided to shield adjoining property owners from the headlights of vehicles parked at the club in addition to required fencing or safety barriers. Screening and fencing shall be shown in the preliminary development plan.
[2]
Parking: one space for each 70 square feet of pool area.
[3]
Lighting: Lighting shall be designed to shield adjoining properties.
(f)
Food, beverage, and tobacco products shall be dispensed only from a snack bar or coin-operated machines.