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Lewes City Zoning Code

ARTICLE XV

Amendment and Enforcement

§ 197-104 Text and map amendments.

A. 
Types of amendments:
(1) 
Text amendment: addition, supplement, change, or modification to the text of this chapter.
(2) 
Zoning Map amendment: addition, supplement, change, or modification to the Zoning Map.
(a) 
Comprehensive rezoning: rezoning of the entire municipality following the adoption of a Comprehensive Plan pursuant to 22 Del. C. § 702(c) or amendments thereto.
(b) 
Local rezoning: change(s) in zoning district(s) for one or more parcels outside of the comprehensive rezoning process.
B. 
Initiation.
(1) 
By Mayor and Council. The Mayor and City Council may amend, supplement, change, or modify the number, shape, area, boundaries of the zoning districts (rezoning or Zoning Map amendment) or may amend, supplement, change, or modify the text of the regulations (text amendment) contained in this chapter.
(2) 
By property owner. A petition for change or amendment by a property owner shall be submitted to the Mayor and City Council and contain the following information:
(a) 
For an amendment to the Zoning Map:
[1] 
A metes and bounds description of the property.
[2] 
A recent survey plot of the property.
[3] 
A statement of the change requested and grounds to support it.
[4] 
Fees specified on the City’s website shall be paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[5] 
Certification that the property owner has notified the owners of all properties within 200 feet of the property which is the subject matter of the petition with the details of the petition.
[6] 
Property owner's name, signature, address, telephone number, and other contact information.
(b) 
For an amendment to the text of the Zoning Ordinance: a description of the proposed changes.
C. 
Planning Commission recommendation.
(1) 
The Mayor and City Council may refer a text or map amendment application to the Planning Commission for review and recommendation before taking action on such application.
(2) 
The Planning Commission shall review each text or map amendment, referred by Mayor and Council, at a regular or special meeting and forward a recommendation to the Mayor and City Council in a timely fashion.
D. 
Public hearing.
(1) 
Mayor and City Council to hold hearing.
(a) 
The Mayor and City Council shall hold a public hearing on each ordinance proposing an amendment to the text of this chapter or the Zoning Map.
(b) 
The Mayor and City Council shall set a public hearing date following receipt of the Planning Commission's review and recommendation.
(2) 
Public notice.
(a) 
At least 15 days' notice of the public hearing shall be published in an official newspaper of the City or a newspaper of general circulation in the City.
(b) 
The notice shall provide information about the nature of the proposed amendment and announce the date, time, and place of the public hearing.
(c) 
A copy of the newspaper notice shall also be given to the property owners, certified by the petitioner to be the property owners within 200 feet of the boundaries of the subject property.
[1] 
Such notice shall be given by certified mail with return receipt requested.
[2] 
Such notice shall be sent to the property owners within 200 feet of the boundaries of the subject property at least 15 days prior to the public hearing.
(3) 
Conduct of public hearing.
(a) 
The Planning Commission's recommendation shall be presented at the public hearing and made a part of the hearing record.
(b) 
All interested parties and citizens shall be given an opportunity to be heard.
(4) 
Review criteria.
(a) 
Text amendment:
[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 should be changed.
(b) 
Comprehensive rezoning. 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.
(c) 
Local map amendment:
[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.
(5) 
Adoption procedure. An amendment to the text or map of this chapter shall be made by ordinance.
E. 
Limitation on reapplication. Whenever a petition requesting an amendment, supplement or change has been denied by the Mayor and Council, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial.
F. 
Revocation. Whenever a petition requesting an amendment, supplement or change has been granted by the Mayor and Council, the amendment shall become void unless the applicant shall have commenced within one year after the adoption of the amendment with development of the property, and the zoning shall revert to the same zoning as it was prior to the adoption of the amendment.

§ 197-105 Violations and penalties.

A. 
Violations enumerated. The following actions shall be violations of this chapter:
(1) 
Failure to secure a building permit, certificate of zoning compliance, temporary use permit, sign permit, or certificate from the Board of Adjustment, when required, previous to the erection, construction, extension, or demolition of, or addition to, a building.
(2) 
Failure to secure a certificate of occupancy or certificate of compliance.
B. 
Who shall be liable. Any person or entity who knowingly commits, takes part or assists in, any violation or who maintains any buildings or premises in which a violation exists, including, but not limited to, the following:
(1) 
The owner, general agent or contractor of a building or premises where such violation has been committed or shall exist; and
(2) 
The lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist; and
(3) 
The owner, general agent, contractor, lessee or tenant of any part of a building or premises in which such violation has been committed or shall exist; and
(4) 
The general agent, architect, builder, contractor or any other person.
C. 
Penalties if convicted. If convicted, a person or entity, as enumerated in this section, shall be subject to the following:
(1) 
Fine and/or imprisonment.
(a) 
A fine, not less than $50 nor more than $1,000; and/or
(b) 
Imprisonment for not more than 30 days for each and every offense.
(2) 
Payment of costs of prosecution, including the City's reasonable attorney's fees.
D. 
Each day a separate offense. Whenever the Building Official shall have notified a person by service of a warrant in a prosecution or in any other way that he/she is committing such violation of this chapter, each day that such violation continues shall be deemed a separate offense punishable by like fine or penalty.
E. 
Unlawful construction declared nuisance. Any building or portion thereof or part of foundation wall hereafter erected or placed upon any lot or premises within the City in violation of the provisions of this chapter is hereby declared to be a common and public nuisance and may be abated in the same manner provided by the Charter of the City of Lewes for the abatement of any other nuisance in addition to the provisions of this chapter.
F. 
Violation abatement. In addition to any other remedy provided by law, an appropriate action or proceeding, whether by legal process or otherwise, may be instituted to:
(1) 
Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;
(2) 
Restrain, correct, abate such violation;
(3) 
Prevent the occupancy of such building, structure or land; or
(4) 
Prevent any illegal act, conduct, business or use in and about such premises.