(a)

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, preventing on the one hand excessive concentration of population and on the other hand, 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, and flowage, water supply, drainage, sanitation, educational opportunities, recreation, soil fertility, and food supply; and for protection of the tax base, securing economy in governmental expenditures, fostering the state's agricultural and other industries, and the protection of both urban and non-urban developments.

(b)

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

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

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

(Ord. No. 70-31, Art. XX, § 2, 7-21-70)

The building inspector shall have the power to issue building permits for the alteration of main buildings and/or the erection or construction of accessory buildings in the area known as George Read Village, notwithstanding noncompliance with this chapter, provided the application is accompanied by the consent in writing of the registered owners of the properties abutting in the rear and the next five properties adjoining on each side of the property concerning which the application has been filed; provided, however, that he shall not issue said building permit, if, prior to issuance, objection in writing to such issuance is filed by any registered owner of property in said area known as George Read Village. In the event of such objection, he shall transmit all papers in connection with said application to the board of adjustment, in accordance with Article XIX, Section 32-66 of this chapter.

(Ord. No. 70-31, Art. XX, § 3, 7-21-70)

In those cases where a building permit is required under the building code, plans for the construction, alteration, or enlargement, wholly or partly, of any building or structure shall be filed as prescribed by said building code. These shall be accompanied by a preliminary application to the building inspector for a certificate of occupancy, as required in the following section. Such application shall be accompanied by two copies of a map or plan drawn to scale and showing the location of existing building(s) thereon, the lines within which the proposed building(s) is (are) to be erected or altered and the existing and intended use of each building or part thereof, the height thereof, and the number of families intended to be accommodated. The applicant shall also give such other pertinent information respecting the proposed use of property as may be necessary to determine the propriety of the issuance of a certificate of occupancy upon completion of any construction involved.

(Ord. No. 70-31, Art. XX, § 4, 7-21-70)

(a)

It shall be unlawful to use or permit the use of any building, structure, or premises or part thereof, hereafter created, erected, changed, converted, altered, or enlarged, wholly or partly, in use or structure, except for minor alterations involving no change in the floor area or use, until a certificate of occupancy shall have been issued therefor by the building inspector. The issuance of a certificate of occupancy shall show that the building, structure, or premises, or part thereof, and the proposed use thereof, are in conformity with the provisions of this chapter or an order of the board of adjustment.

(b)

Upon written request from the owner, the code enforcement officer within five working days shall issue a certificate of occupancy for any building or premises existing at the time of adoption of this chapter, or any changes or amendments thereto, certifying after inspection and investigation the extent and kind of use made of the building or premises, and whether such use conforms to the provisions of this chapter or is deemed a nonconforming use. If a certificate of occupancy is denied, the code enforcement officer shall issue a letter stating the reasons for refusal.

(Ord. No. 70-31, Art. XX, § 5, 7-21-70)

(a)

The following procedures shall apply governing the implementation of special use permits:

(1)

Special use permits may be issued for any of the conditional uses for which a special use permit is required by the provisions of this chapter; provided that the council shall find, after a duly advertised hearing held in accordance with the provisions of Article XXI, Section 32-80, that the applicant has demonstrated the conditional use will not:

a.

Affect adversely the health or safety of person(s) residing or working within the City of Newark boundaries or within one mile of the City of Newark boundaries and within the State of Delaware;

b.

Be detrimental to the public welfare or injurious to property or improvements within the City of Newark boundaries or within one mile of the City of Newark boundaries and within the State of Delaware; and

c.

Be in conflict with the purposes of the comprehensive development plan of the city.

In granting any special use permit the council shall designate such conditions in connections therewith as will, in its opinion, assure that the use will conform to the foregoing requirements and that such use will continue to do so.

(2)

Construction or operation shall be commenced within one year of date of issuance or a special use permit shall become void. "Construction," as that term is employed in this section, shall mean that a valid building permit has been issued and work called for in the permit has begun. Expiration of a building permit or abandonment of the work sanctioned by the permit, or the failure to commence work during the one year time period immediately subsequent to the issuance of a special use permit, shall mean that the permit becomes void. "Operation," as that term is employed in this section, shall refer to those uses for which building permits are not required. For such uses, operation shall mean that a valid certificate of occupancy has been issued and the use has become open and available for the public.

(3)

A reapplication for a special use permit for the same lot shall not be considered by the council within a period of 360 days from its last consideration. This provision, however, shall not impair the right of the council to propose a special use permit on its own motion.

(4)

Written application for a special use permit, plans, and supporting materials shall be filed with the planning department. Every application shall be accompanied by a fee, indicated in subsection 32-3.1(a)(2)a, for residential districts and a fee, indicated in subsection 32-3.1(a)(2)b, for university, business, and industrial districts. All applications for uses proposed to be constructed on properties one acre or more in size shall be referred to the planning commission for consideration and recommendation; all other applications shall be forwarded directly to council for consideration. The time of council hearing shall be within one month of the special use permit application filing date for properties less than one acre in size; the time of the hearing for properties larger than one acre shall be within one month of the planning commission recommendations. A reasonable effort shall be made to give 10 days' notice by mail of planning commission and/or city council public hearings to all property owners of record, according to ownership data available at Newark, whose property is immediately adjacent to or within 300 feet of the property for which the special use permit is requested.

(5)

If a special use permit is granted under the provisions of this section, the council shall direct the code enforcement officer to issue the special use permit as instructed.

(Ord. No. 70-31, Art. XX, § 6, 7-21-70; Ord. No. 78-4, Amend. Nos. 1, 2, 1-9-78; Ord. No. 95-7, Amend. No. 1, 2-13-95; Ord. No. 98-28, Amend. No. 1, 10-12-98; Ord. No. 07-01, Amend. No. 1, 1-8-07; Ord. No. 07-10, Amend. No. 1, 3-26-07; Ord. No. 15-18, Amend. No. 20, 9-14-15; Ord. No. 17-05, Amend. No. 6, 2-13-17)