Henlopen Acres City Zoning Code
ARTICLE VIII
Administration
§ 130-32 Office of Zoning Administration.
[Amended 7-11-2008]
The office of Zoning Administration of the Town of Henlopen Acres is hereby created and the same shall be filled by persons appointed or retained by the Commissioners of Henlopen Acres for such term and at such salary or remuneration and with such qualifications as the Commissioners of Henlopen Acres shall likewise determine.
§ 130-33 (Reserved) [1]
[1]
Editor's Note: Former § 130-33, Qualifications of Zoning Inspector; supervision, as amended 5-4-1974, was repealed 7-11-2008.
§ 130-34 Administration and enforcement.
[Amended 7-11-2008]
It shall be the duty of the Town Manager and such other persons designated by the Commissioners to enforce the provisions of this chapter.
§ 130-35 Zoning certificate application requirements.
[Amended 7-11-2008; 10-8-2010]
The application for a zoning certificate and the accompanying site plan, as defined in § 43-5K, Site work, shall contain all information necessary to ascertain whether the proposed building and use comply with the provisions of this chapter. A site plan shall be submitted for approval which shall indicate the proposed storage areas for construction materials and the location of temporary structures as required by § 130-15 of this chapter. The application shall also provide that the owner accepts the responsibility for payment of repairs to damages to Town streets or utilities caused by delivery of construction materials or equipment as well as require the contractor to clean the debris, mud or other materials dropped on the streets by delivery or removal of construction materials.
§ 130-36 Certification of compliance.
[Amended 7-11-2008]
No zoning certificate shall be issued until the Town Manager has certified that the proposed building or alteration complies with all the provisions of this chapter.
§ 130-37 Zoning certificate required; expiration; extension.
[Amended 7-10-1992; 10-12-2006; 4-21-2006; 7-11-2008; 10-10-2008]
A.
It shall be unlawful to begin the excavation, erection, construction, reconstruction, extension or structural alteration of any building or use without first obtaining a zoning certificate therefor. In every case where an individual water supply or sewage disposal facility is used, the Town Manager shall not issue the zoning certificate until the proper state agency has issued an approval of such facilities. A zoning certificate shall not be issued until a building permit has been issued by Sussex County. The plans, grading, landscaping, buildings and accessory uses of any type shall also have to be approved by the Environmental Approval Committee before a zoning certificate may be issued.
B.
Any zoning certificate shall be valid for a period of one year from the date such certificate is granted; provided, however, that upon application and for good cause shown, the Town Manager may grant extensions of three months each for the completion of construction. The Commissioners may establish a fee for the application for each extension. In addition to any other fine or penalty provided for herein, there shall be added an additional penalty of $100 for each day or part thereof that construction is not completed beyond the expiration date of the zoning certificate or any extension thereof.
[Amended 7-12-2013]
C.
In addition to the site plan required in this article, the applicant, with the written consent of the property owner, shall submit a placement and location survey, prepared by a registered surveyor, when the foundation is complete. No further construction shall proceed unless and until such survey has been submitted and accepted by the Town.
D.
The applicant, with the written consent of the property owner, shall submit an elevation certificate, prepared by a registered surveyor, when the roof has been framed, prior to enclosure, sheathing, papering, or other construction. No further construction shall proceed unless and until such elevation certificate has been submitted and accepted by the Town.
§ 130-38 Contents of plan; review by Environmental Approval Committee; fee.
[Amended 5-4-1974; 2-14-1998; 10-9-1998]
A.
A complete and comprehensive set of plans and specifications, showing the nature, kind, shape, height, materials, floor plans, exterior color scheme, architectural appearance of the building as well as the grading, landscaping or other details of site development shall be submitted to the Environmental Approval Committee for its consideration.
B.
The Committee shall have the right to approve or reject such plans which are not suitable or desirable, in its opinion, for aesthetic or other reasons, taking into consideration the suitability of the proposed building or other improvements and/or of the materials of the building or other improvements which are to be built on the site and the harmony thereof with the surroundings and the effect of such building or improvements on the outlook from the adjacent or neighboring property, and any and all other factors which in the Committee's opinion would affect the desirability or suitability of such proposed building or improvements in the district.
C.
The architect/designer, with the written consent of the property owner, shall certify that the plans conform to the requirements of the latest edition of the Town Building Code.[1]
[Amended 7-9-1999 by Ord. No. 99-1; 8-30-1999; 7-14-2006; 7-11-2008]
D.
There shall be a review fee for the review of the plans and specifications required by this section and this chapter, said fee to be established by resolution of the Commissioners from time to time.
E.
As part of the application for a proposed accessory structure and/or use, the applicant shall supply the names and addresses of property owners adjacent to the subject property. The Town Manager shall give notice of the application by certified mail, return receipt requested, to the adjacent property owners at least 14 days prior to the Environmental Approval Committee meeting at which said application will be considered.
[Added 10-14-2005]
§ 130-39 Usual and necessary repairs.
[Amended 1-10-2003]
Nothing contained in this chapter shall be construed or considered as requiring any person to make application for or obtain a certificate in order for such person to make usual or necessary repairs to any existing building or structure, provided that the words "usual" and "necessary" repairs shall not be construed or considered to include:
A.
Any addition to the existing structure.
B.
Any change in the architectural elements or external facing of the structure.
C.
Any structural change.
D.
Any alteration in any existing building or structure.
E.
The reconstruction or replacement of any existing building or structure which may have been destroyed in whole or in part by fire, storm, catastrophe or by owner's or owner's agent's choice.
§ 130-40 Occupancy certificate.
[Amended 10-12-2001; 7-11-2008]
Upon completion of construction, application shall be made to the Town Manager for an occupancy certificate. Such certificate shall show that the property and the proposed use thereof are in conformity with the provisions of this chapter. It shall be unlawful for any property owner to use or permit the use of his property prior to completion of construction and prior to obtaining an occupancy certificate. Prior to issuance of an occupancy permit, the applicant, with the written consent of the property owner, shall submit a placement and location survey prepared by a registered surveyor showing the actual final structure. No occupancy certificate shall be issued until such survey has been submitted and accepted by the Town.
§ 130-41 Revocable nature of zoning and occupancy certificates.
All zoning certificates and occupancy certificates are revocable, subject to continued compliance with all requirements and conditions.
§ 130-42 Fees.
[Amended 2-27-1976; 8-7-1981; 1-13-1984; 7-9-1999 by Ord. No. 99-1]
Such application for a zoning certificate shall be accompanied by a fee as established from time to time by resolution of the Commissioners of Henlopen Acres.