Kent County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XXVIII
Changes and Amendments
§ 205-406 Initiation of change.
The Levy Court may, from time to time, amend, supplement, change or modify, by ordinance, the number, shape, area or boundaries of the districts or the regulations herein established. Such an amendment may be initiated by resolution of the Levy Court, by motion of the Planning Commission or by petition of any property owner addressed to the Levy Court. Petitions for change or amendment shall be on forms and filed in a manner prescribed by the Planning Commission.
§ 205-407 Text amendments.
Amendments, supplements, changes or modifications of the regulations shall be considered a "text amendment" and not a "zoning change" as described in 9 Del. C. § 4924 or § 4926 nor a "rezoning" as that term is used within 9 Del. C. § 4925. Text amendments shall only be initiated at the direction of Levy Court or upon the request of any Levy Court Commissioner. Text amendments shall conform to the following procedures.
A.
Review process.
(1)
Levy Court introduction. At least 15 days prior to the Regional Planning Commission public hearing, the Levy Court shall introduce the ordinance for the proposed text amendment.
(2)
Administrative review and recommendation. The Department of Planning Services staff shall provide a written analysis of the amendment relative to its purpose and intent as well as compliance with the Comprehensive Plan of the County and any other adopted plans of the County. Staff's analysis as well as any state agency comments shall be provided to the Regional Planning Commission in advance of its public hearing.
(3)
Regional Planning Commission review and recommendation.
(a)
A public hearing on the proposed text amendment shall be conducted at a regular meeting of the Commission as soon as practicable after the filing deadline for that application.
(b)
The Planning Commission shall hold a public hearing on any proposed text amendment before submitting its report and recommendation to the Levy Court. Public notice of the hearing shall be accomplished as detailed below.
(c)
The Commission may recommend amendments to the proposed text amendment as part of its report to the Levy Court.
(d)
Unless the Commission shall have transmitted its report within 45 days after submission of a finalized application thereof to it, the Levy Court shall be free to proceed to act on said change without further awaiting the receipt of the report of the Commission.
(4)
Levy Court review and determination.
(a)
Before taking action on any proposed text amendment, the Levy Court shall conduct a public hearing thereon. Public notice of the hearing shall take place as detailed below.
(b)
At the conclusion of the public hearing on the proposed amendment, the Levy Court may proceed to vote on the proposed ordinance, defer action to a subsequent meeting, or take other action consistent with its usual rules of procedure.
(c)
The Levy Court may consider amendments to the proposed ordinance in keeping with the Regional Planning Commission recommendation. Such amendments shall be considered and voted upon prior to action on the original text amendment.
(d)
The Levy Court should include with its decision a statement regarding the consistency of the request with adopted County plans and policies.
B.
Public notice.
(1)
Notice to the general public of the Regional Planning Commission hearing shall be accomplished by publishing the date, time, place, and nature of the hearing in a newspaper of general circulation in the County. The published notice shall also include the title of the proposed text amendment and contain reference to the times and place(s) within the County where the proposed amendment may be examined. The notice shall be published at least 15 days prior to the hearing.
(2)
Notice to the general public of the Levy Court hearing shall be accomplished by publishing the date, time, place, and nature of the hearing in a newspaper of general circulation in the County. The published notice shall also include the title of the proposed text amendment and contain reference to the times and place(s) within the County where the proposed amendment may be examined. The notice shall be published at least 15 days prior to the hearing.
§ 205-408 Map amendments.
Amendments, supplements, changes or modifications of the number, shape, area or boundaries of the districts shall be considered a "map amendment" and "rezoning" as that term is use within 9 Del. C. § 4925 or a "zoning change" as that phrase is used within 9 Del. C. § 4924 and § 4926. Kent County can only effect a "rezoning" or "zoning change" under Chapter 205 of the County Code and 9 Del. C. Ch. 49 through a "map amendment." A map amendment may be initiated by either the landowner seeking a rezoning or zoning change, or by any Levy Court Commissioner. Map amendments shall conform to the following procedures.
A.
Review process.
(1)
Preapplication meeting. The applicant or Levy Court Commissioner seeking a rezoning or zoning change shall meet with the Planning Services Director or designee for a determination of whether a map amendment authorized under this section is appropriate for the property and consistent with the current Kent County Comprehensive Plan Update. A Support Facilities Report from DelDOT shall be requested by the Department of Planning Services to determine if a Traffic Impact Study is required prior to application.
(2)
Application submittal. If a landowner is seeking the rezoning or zoning change, a map amendment application form and fee shall be submitted by the applicant. Applications shall also contain a survey of the boundary of the subject property and a statement regarding the consistency of the request with adopted County plans and the surrounding areas. Results of a State Preliminary Land Use Service review shall also be submitted if applicable. Map amendments proposed by a Levy Court Commissioner shall contain the tax parcel identification number(s) and legal description(s), as filed in the office of the Recorder of Deeds, of the property that is the subject of the proposed map amendment. Deadlines for submission of applications shall be established annually by the Planning Department and shall be at least 60 days prior to the meeting of the Regional Planning Commission. Application submittal procedures shall not apply if the applicant is the County or an agent of the County.
(3)
Levy Court introduction. At least 15 days prior to the Regional Planning Commission public hearing, the Levy Court shall introduce the ordinance for the proposed map amendment.
(4)
Administrative review and recommendation. The Commission's staff shall review the application or Levy Court Commissioner's request for a rezoning or zoning change to determine compliance with pertinent features of this chapter, the Comprehensive Plan of the County, and any other adopted plans of the County. The Department of Planning Services staff shall provide a written review and recommendation to the Regional Planning Commission in advance of its public hearing. A copy of the staff's report shall also be provided to the applicant.
(5)
Regional Planning Commission review and recommendation.
(a)
The Planning Commission shall hold a public hearing on any proposed map amendment before submitting its report and recommendation to the Levy Court. Public notice of the hearing shall be accomplished as detailed below.
(b)
The Commission may recommend amendments to the proposed map amendment as part of its report to the Levy Court; provided, however, that no additional land may be rezoned or be made subject to a zoning change as defined herein to a different classification than was contained in the public notice without an additional public hearing after notice as required in Subsection C below.
(c)
Unless the Commission shall have transmitted its report within 45 days after submission of a finalized application thereof to it, the Levy Court shall be free to proceed to act on said change without further awaiting the receipt of the report of the Commission.
(6)
Levy Court review and determination.
(a)
Before taking action on any proposed map amendment, the Levy Court shall conduct a public hearing thereon. Public notice of the hearing shall take place as detailed below.
(b)
At the conclusion of the public hearing on the proposed map amendment, the Levy Court may proceed to vote on the proposed rezoning or zoning change, defer action to a subsequent meeting, or take other action consistent with its usual rules of procedure.
(c)
The Levy Court may consider amendments to the proposed rezoning or zoning change; provided, however, that no additional land may be rezoned or be made subject to a zoning change as defined herein to a different classification than was contained in the public notice without an additional public hearing after notice as required in Subsection C below.
(d)
The Levy Court should include with its decision a statement regarding the consistency of the request with adopted County plans and policies.
(7)
Burden of proof. The applicant for a map amendment has the burden of proof, including the burden of going forward with the evidence and the burden of persuasion, with respect to any question of fact.
B.
Standard of review. Map amendments shall be granted or denied in accordance with appropriate zoning regulations, but a rezoning or zoning change as defined herein may not be granted except on the basis of an affirmative finding that:
(1)
There was a mistake in the Zoning Map, or the character of the neighborhood has changed to such an extent that the Zoning Map should be changed.
(2)
The proposed zoning change results in consistency between the zoning classification to which the property is subject under Chapter 205 and the Comprehensive Plan for Kent County in relation to land use, number of dwelling units or type and intensity of nonresidential buildings and location.
(3)
Transportation facilities, water and sewerage systems, storm drainage systems, schools and fire suppression facilities adequate to serve the proposed uses for the rezoning or zoning change are either in existence or programmed for construction.
C.
Public notice.
(1)
No hearing shall be held by the Commission until notice of time and place thereof has been provided to the applicant, property owners within 200 feet of the subject property, and to such other interested parties as may be determined by the Commission at least 15 days before the date of said hearing. Notice shall be provided as follows:
(a)
The applicant shall notify by certified mail all property owners within 200 feet of the extreme limits of the subject property as their names appear in the County tax record at least 15 days prior to the hearing. The applicant shall provide the Department with a copy of the notice sent to property owners and post office receipts on or before the public hearing date. If the map amendment is proposed by a Levy Court Commissioner, the Department shall notify by certified mail all property owners within 200 feet of the extreme limits of the subject property as their names appear in the County tax record at least 15 days prior to the hearing and a copy of the notice sent to the property owners and post office receipts shall be retained within the project file.
(b)
The Department shall provide notice to the general public of the public hearing before the Commission by publishing the date, time, place, and nature of the hearing at least 15 days before the hearing in a newspaper of general circulation in the County.
(c)
The Commission's staff will also post a notice outlining the date, time, place, and nature of the hearing in a conspicuous location on the property.
(2)
The published and posted notices shall contain reference to the time and place or places within the County where the proposed map amendment is available for review.
(3)
Notice of the Levy Court public hearing shall be accomplished by the Department providing notice to the general public of the public hearing before the Levy Court by publishing the date, time, place, and nature of the hearing at least 15 days before the hearing in a newspaper of general circulation in the County.
(4)
When any proposed zoning change lies within 500 feet of a County or municipal boundary, notice of the proposal, together with the date, time and place of the public hearing thereon, shall be forwarded to the Planning Commission or the governing body of the adjacent county or municipality in order to give such jurisdiction an opportunity to appear at the hearing or express its opinion on the effect of said zoning change.
§ 205-409 One-year limitation on reconsideration.
Whenever a petition requesting an amendment, supplement or change has been denied by the Levy Court, such petition, or one substantially similar, shall not be reconsidered within 365 days after denial.
§ 205-410 Reconsideration.
A.
Reconsideration. In all cases where the Levy Court shall approve an amendment to the Zoning Map, whereby the map amendment is not in compliance with the Comprehensive Plan, the Regional Planning Commission and the Levy Court shall reconsider the rezoning classification if the following have not been satisfied within 18 months of the Levy Court approval:
(1)
New construction is started on the rezoned land according to the request for amendment, and such construction is proceeding in a normal and reasonable manner toward completion;
(2)
The Director of Planning Services is given a satisfactory explanation for the failure to commence construction and reasonable assurance that the construction will commence soon after the passage of the eighteen-month period and will proceed in a normal and reasonable manner toward completion;
(3)
The existing structure is being utilized for the activity requested at the time of the rezoning request; or
(4)
Applications for subdivisions, conditional uses or other applications shall be submitted to the Department of Planning Services, Division of Planning, for processing.
B.
The map amendment to rezone the land to its prior classification shall be automatically placed on the agenda by the Director of Planning Services if the above conditions have not been satisfied within the eighteen-month period.