The regulations, restrictions, boundaries and provisions of this chapter may from time to time be amended, supplemented, changed, modified or repealed.

Any such amendment may be initiated by resolution of the Mayor and Town Council or by petition of any property owner addressed to the Mayor and Town Council. A petition for a change or amendment by a property owner addressed to the Mayor and Town Council shall contain the following information:

Upon receipt of a petition from a property owner, pursuant to Subsection B, seeking a change or amendment, or upon receipt of a resolution of the Mayor and Council seeking to amend, supplement or change, the Town shall cause to be published in a paper of general circulation in the municipality a notice of the time and place of a public hearing before the Mayor and Council to consider such change, setting forth the nature of the change sought. The Town shall notify, by First Class Mail, the property owners, certified by the petitioner to be the property owners within 100 feet of the boundaries of the property which is the subject matter of the petition, of the time and date for the hearing on the proposed change or amendment by sending such property owners a copy of the notice that is published in a paper of general circulation. Such notice to property owners within 100 feet of the property which may be affected by the petition and newspaper notice shall be sent and published at least 15 days prior to the time and date of the hearing.

In case, however, of a protest against such changes signed by the owners of 20% or more either of the area of the lots included in such proposed change, or those immediately adjacent thereto extending 100 feet therefrom, or those directly opposite thereto, extended 100 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of 3/4 of all the members of the Town Council of the Town of Selbyville.

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. 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.

The procedures for submitting requests for changes or amendments provided herein shall be in addition to the provisions set forth in 22 Del. C. §§ 304 and 305.

Notice of the adoption of any amendment, supplement or change shall be published in a newspaper of general circulation in the Town of Selbyville.

The office of Building Inspector of the Town of Selbyville is hereby created and the same shall be filled by a competent person appointed by the Mayor of the Town of Selbyville and confirmed by a majority vote of all the elected members of the Town Council of the Town of Selbyville for such term and at such salary or remuneration as the Town Council of Selbyville shall determine. Vacancies in said office shall likewise be filled by appointment by the Mayor of the Town of Selbyville and confirmed by a majority vote of all the elected members of the Town Council of the Town of Selbyville. The Mayor may appoint a Deputy Building Inspector who shall be confirmed by a majority vote of all the elected members of the Town Council of the Town of Selbyville and shall meet the requirements and have the authority of Building Inspector as set out in this article.

The person appointed to fill the office of Building Inspector of the Town of Selbyville shall be known as the "Building Inspector." Such person shall be above the age of 21 years, of good character, a graduate of high school or an accredited preparatory school and shall have a thorough knowledge of the trades of building construction and carpentry.

It shall be the duty of the Building Inspector and he is hereby given the power and authority to enforce the provisions of this chapter.

The Building Inspector shall require that an application for a building or alterations permit and the accompanying plot shall contain all the information necessary to enable him to ascertain whether the proposed building complies with the provisions of this chapter and that all applicable fees have been paid. In addition to other necessary data, the plot plan shall show at a minimum the location of all existing buildings on abutting land within 50 feet of the side and rear of the lines of the premises of the applicant.

A fee for issuance of said permit will be charged which shall be established by the Mayor and Town Council.

No permits shall be issued until the Building Inspector has certified that the proposed building or alteration complies with all the provisions of this chapter.

No vacant land shall be occupied or used until a certificate of compliance shall have been issued by the Building Inspector.

No permit for excavation for any building shall be issued before application has been made to the Building Inspector.

It shall be unlawful for any person to commence work for the erection or alteration of any building until a permit has been duly issued therefor and the fee, as established, paid, upon receipt of which a suitable placard will be issued, to be prominently displayed while building or alterations are in process.

The Board of Adjustment may grant a temporary permit for building incidental to housing or construction projects conducted on the same premises, provided that the owner agrees to remove any such structure upon expiration of the permit.

It shall be unlawful to use or permit the use of any structure or part thereof, hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy and a certificate of compliance, applied for at the time of application for a building permit, shall have been issued by the Building Inspector. Such certificate of occupancy shall show that such structure, or part of a structure, and such certificate of compliance shall show that the proposed use thereof conform to the requirements of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy and/or certificate of compliance only when he is satisfied that the structure, or part of a structure, and the proposed use thereof conform to this chapter and all other applicable codes and ordinances of the Town. Such occupancy permits shall be granted or denied in writing within 10 days from the date that a written notification or written request is filed with the Building Inspector that the erection of the structure is completed or the use is in compliance with this chapter unless additional time is agreed upon by the applicant in writing. Upon notice from the Building Official that work on any building or structure is being done contrary to the provisions of this chapter, such work shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property or to his agent or to the person doing the work and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required to be given by the Building Inspector. In addition, the Building Inspector may revoke a permit or approval issued under the provisions of this chapter in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

Should the Building Inspector decline to issue or revoke a certificate of occupancy or certificate of compliance, his reasons for doing so shall be so stated on two copies of the application and one copy returned to the applicant.

On the serving of notice of any violation of any of the provisions or requirements of this chapter with respect to any structure or use thereof or of land as provided in this chapter, a certificate of occupancy and/or certificate of compliance shall be required for any further use of such structure or land.

A monthly report of the certificates of occupancy and certificates of compliance shall be filed with the Tax Assessor. A record of all certificates of occupancy and certificates of compliance shall be kept in the Town Hall and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be set by the Mayor and Council, except that there shall be no charge to a municipal agency.

Nothing contained in this chapter shall be construed or considered as requiring any person to make application for or obtain a permit in order for such person to make usual and necessary repairs to any existing building or structure within the limits of the Town of Selbyville, except as otherwise provided in this chapter; provided, however, that the words "usual and necessary repairs" shall not be construed or considered to include any addition to or structural change or alteration in, any such existing building or structure, nor the reconstruction of any such existing building or structure which may be destroyed in whole or in part by fire, storm or other catastrophe.

Any substantial rehabilitation or new construction in the floodplain must comply with Chapter 91, Flood Damage Prevention, requiring a special permit and special building rules, regulations and construction.

Failure to secure a building permit or certificate from the Board of Adjustment, when required, previous to the erection, construction, extension or addition to a building, or failure to secure a certificate of occupancy or certificate of compliance shall be a violation of this chapter.

For any other violation of any provision of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and 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 the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any buildings or premises in which any such violation shall exist, shall be liable upon conviction thereof for a fine or penalty not less than $50 nor more than $100, or imprisoned for not more than 30 days, or both, for each and every offense and shall pay the costs of prosecution, including the Town's reasonable attorney's fees and Victim's Compensation Fund assessment.[1]

For the purposes of this chapter, whenever such person shall have been notified by the Building Inspector or by service of a warrant in a prosecution or in any other way that he 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.

Any building or portion thereof or part of foundation wall hereafter erected or placed upon any lot or premises within the Town of Selbyville 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 Town of Selbyville for the abatement of any other nuisance in addition to the provisions of this chapter.

In case any building or structure is erected, constructed, reconstructed, altered or repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or any regulation made pursuant thereto, in addition to any other remedy provided by law, an appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, abate such violation to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in and about such premises.

For the purpose of assuring a good arrangement and appearance and ensuring harmony with the Comprehensive Plan, whenever required by this chapter, site plans shall be subject to review by the Planning and Zoning Commission and the Town Council.

A preliminary site plan shall be submitted to the Building Inspector, who shall review the plans for compliance with these regulations and the requirements for preliminary site plans and shall transmit said plans to the Planning and Zoning Commission with his comments for review at the next regular meeting of the Planning and Zoning Commission if the plans are submitted 20 days prior to said meeting. The number of copies of the plan to be submitted shall be determined by the Building Inspector.

If the Building Inspector determines that the proposed development may have substantial impact on the physical, economic or social environment or may require a more detailed technical review, he may submit the preliminary plan to a Technical Advisory Committee established by the Planning and Zoning Commission Chairman for review and comment prior to submission to the Planning and Zoning Commission.

The Planning and Zoning Commission shall examine the proposed development or site plan with respect to the traffic and circulation patterns, internal and external, utilities, drainage and community facilities, existing or proposed, surrounding development, existing or future, the preservation of trees or historic sites, provision for open space and, in general, with the objective of ensuring a durable, harmonious and appropriate use of the land in accord with the objectives of the Comprehensive Plan. No public hearing shall be required, and the plans shall be returned to the applicant within 10 working days following the meeting as approved, approved subject to conditions or disapproved. If specified conditions are met in revised plans, the Building Inspector may approve issuance of building permits in accord with the revision without returning the plans for further Planning and Zoning Commission review. The Building Inspector may approve minor changes in site plans approved by the Planning and Zoning Commission and approve issuance of zoning permits accordingly if, in his opinion, such changes do not substantially affect the original approval of conditions attached thereto.

Nothing in this section shall be interpreted to permit the granting of a variance or exception to the regulations of this chapter or to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.

The preliminary site plan shall show the North point, scale and date.

The preliminary site plan shall show the following:

The Planning and Zoning Commission may establish additional requirements for preliminary site plans, and in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the subject. The final plat shall contain all the features shown on the preliminary site plan with sufficiently adequate dimensions and construction specifications to support the issuing of construction permits.

The final site plan shall comply with all existing laws, regulations and ordinances governing zoning and the approval of subdivisions and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of construction permits. The final site plan shall show the North point, scale and date. The scale shall be as specified in the preliminary site plan requirements.

The final site plan shall show the following:

The Planning and Zoning Commission may establish additional requirements for final site plans and may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project. If a preliminary site plan is approved by the Planning and Zoning Commission without the inclusion of a particular requirement, the Planning and Zoning Commission is deemed to have waived that requirement but which may still be required by the Mayor and Council.