In their interpretation and application the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity or general welfare; for the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads; for securing safety from fire and other dangers, providing adequate light and air and preventing excessive concentration of population, excessive and wasteful scattering of population or settlement; for promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate provisions for public requirements, transportation, water flowage, water supply, drainage, sanitation, educational opportunities, recreation, soil fertility and food supply; and for the protection of the tax base, securing economy in governmental expenditures, fostering agricultural and other industries, and the protection of both urban and non-urban developments.

It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing law or any rules or regulations made by a Department of the State of Delaware or other applicable laws regulating the use or construction of buildings, the provisions of yards, courts or other open spaces or the provisions of sanitary facilities; provided, however, that where the provisions of this chapter require larger yards or courts, lesser heights or bulks of buildings or provide more extensive sanitary facilities than do the aforementioned laws, rules or regulations than provisions of this chapter shall govern.

This chapter shall be enforced by the mayor and city council of Delaware City. No building permit or certificate of occupancy shall be granted by the City of Delaware City for any purpose except in compliance with the provisions of this chapter, or a decision of the board of adjustment, or the courts.

For any and every violation of the provisions of this chapter, the owner, general agent, lessee or contractor of the building or premises where such violation has been committed or shall exist and the owner, general agent, contractor, lessee or tenant of any part of the building or premises in which a part of such violation has been committed or shall exist, and any other person who knowingly commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, for each and every violation and for each and every day that such a violation continues shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $100.00 or be imprisoned for not more than ten days or both. Each and every day during which such an illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense.

In the case of any such violation, the mayor and city council of Delaware City, the attorney thereof or any owner of real estate within the district in which such building, structure or land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

(Ord. No. 14-0915-02, 3-4-2015)

(Ord. No. 14-0915-02, 3-4-2015)

All rezoning requests, building, alteration, subdivisions plans and other development proposals, including special exceptions, site plan review and approvals and any special exceptions or variances by the board of adjustment and/or the City of Delaware City shall not become effective and final until the applicant has provided the City of Delaware City with proof of payment in the form of a certification from the City of Delaware City and New Castle County that all city application fees, municipal taxes, municipal water charges, fees and expenses and all other amounts due the City of Delaware City and New Castle County taxes and school district taxes have been paid on the land, which is the subject of the rezoning, building, alteration, subdivision plans and other development proposals, including special exceptions, site plan review and approvals and any special exceptions or variances by the board of adjustment and/or the City of Delaware City.

All requests for subdivision, development plan, variance, special exception or rezoning shall require that the City of Delaware City send by certified mail, return receipt requested, a copy of the public notice for the public hearing to all abutting property owners of the tax parcel involved in such request and all adjacent property owners across any public or private right-of-way from the tax parcel involved in such request. Such notice by US Certified Mail, return receipt requested, shall be mailed by the City Hall at least ten days prior to any public hearing scheduled to consider any request for subdivision, development plan, variance or rezoning. In addition to notice by US Certified Mail, return receipt requested, all properties for which a request for subdivision, development plan, variance, special exception or rezoning has been formally made to the mayor and council or the board of adjustment of the City of Delaware City shall have a notice of the public hearing prominently posted at, on or in front of the property to be considered at such public hearing at least ten days prior to public hearing to consider such action.

No building permit will be issued if there are any unresolved issues concerning zoning, building or housing code violations. This applies not only to the property applied for, but to any and all properties located in the City of Delaware City in which the applicant has a vested interest.

With respect to any matter that comes before the city council or planning commission under this chapter 46, the city council and planning commission shall be permitted to table such matter one time.

(Ord. No. 21-0315-02, § 3, 8-5-2021)