A chapter classifying, regulating and restricting the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location, use and extent of use of buildings, structures, and land for residence, trade, industry and other purposes; creating districts for said purposes and establishing the boundaries of such districts; providing for enforcement, establishing a board of adjustment, and imposing penalties for violations; so as to lessen congestion in the streets, secure safety from fire, panic, and other dangers, provide adequate light and air, prevent undue concentration of population and overcrowding of land, facilitate the adequate provision of transportation, water, sewerage, school, park, and other public requirements, conserve the value of buildings and encourage the most appropriate use of land, and promote the health, safety, morals and general welfare of the City of Newark.

(Ord. No. 70-31, 7-21-70)

(a)

Long title. A chapter to establish zoning regulations for the use of land and structures, area of lots, bulk of buildings, and other structures, the density of population, the provision of off-street parking spaces and similar accessory regulations for the City of Newark, Delaware, and for such purposes to divide the city into districts; and further, to provide for the administrative enforcement and amendment thereof, in accordance with the provisions of the laws of the State of Delaware.

(b)

Short title. This chapter shall be known and may be cited by the short form title as the "Zoning Code of the City of Newark, Delaware."

(Ord. No. 70-31, Art. I, § 1, 7-21-70)

The zoning map of the City of Newark is not set forth in this code volume, but has been saved from repeal and may be found on file in the office of the city secretary, where it may be examined between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except on holidays.

(a)

Fees for board of adjustment, applications for special use permit, rezonings, site plan approval, parking waiver, and comprehensive plan amendment applications shall be paid at the time of application. These fees shall be reviewed every two years. Fees are as follows:

(1)

Board of adjustment:

a.

Single family use ..... $336.00

b.

Any use other than a single family ..... $1,331.00

c.

Request for continuance of an appeal for variance ..... $198.00

(2)

Special use permit:

a.

A fee of $787.00 for residential districts.

b.

A fee of $1,210.00 for university, business, and industrial districts.

(3)

Rezoning:

a.

Application-petition fee ..... $1,331.00

b.

Review fee:

i.

$33.00 per acre or fraction thereof for the first 100 acres.

ii.

$13.00 per acre or fraction thereof for the next 40 acres.

iii.

$8.00 per acre or fraction thereof for the next 50 acres.

iv.

$2.00 per acre for the remainder of the tract.

v.

$26.00 per parcel or condo unit.

(4)

Site plan approval:

a.

Application-petition fee ..... $935.00

b.

Review fee:

i.

Office and commercial ..... $13.00 per 1,000 square feet.

ii.

Residential ..... $13.00 per dwelling unit.

(5)

Parking waiver:

a.

Application-petition fee ..... $407.00

b.

Fee in lieu of the required spaces ..... $25,000.00 per space. Refer to Section 32-45(b)(9) for fee schedule.

(6)

Project removed from agenda of public meeting at the applicant's request:

a.

Planning commission meeting. Should a project be removed from the agenda less than seven days before the scheduled meeting at the request of the applicant, a re-advertising fee of $132.00 will be charged to be placed on a subsequent commission agenda. For good cause shown, the fee may be waived at the discretion of the planning and development director or the public works and water resources director.

b.

City council meeting. Should a project be removed from the agenda less than seven days before the scheduled meeting at the request of the applicant, a re-advertising fee of $198.00 will be charged to be placed on a subsequent council agenda. For good cause shown, the fee may be waived at the discretion of the city secretary.

c.

Board of adjustment meeting. Should a project be removed from the agenda less than seven days before the scheduled meeting at the request of the applicant, a re-advertising fee of $198.00 will be charged to be placed on a subsequent board of adjustment agenda. For good cause shown, the fee may be waived at the discretion of the city secretary.

(7)

Technology fee ..... 15% of the cost of the application fee.

(Ord. No. 17-05, Amend. No. 3, 2-13-17; Ord. No. 20-08, Amend. No. 2, 4-27-20; Ord. No. 22-25, § 1, 12-12-22; Ord. No. 23-03, § 1, 2-13-23; Ord. No. 23-08, Amend. No. 2, 5-22-23; Ord. No. 24-27, § 2, 12-9-24)