1. Enforcement. It will be the duty of the town council to enforce the provisions of this chapter and to refuse to issue any permit for any building or for the use of any premises which would violate any of the provisions of this article. It shall also be the duty of all officers and employees of the town to assist the town council by reporting any apparent violation in new construction, reconstruction and land uses. The methods of administering this chapter and the procedures to be followed in applying for permits shall be as follows:
   1. No premises shall be used, no excavation for any building shall occur, and no building structurally changed, altered, or occupied or used until a certificate of zoning compliance shall have been issued by the town council, stating that the building or proposed use of a building or proposed use of land complies with the provisions of this chapter.
   2. It shall be the duty of the town council to keep a record of all applications for certificate of zoning compliance, all certificates issued, all building permits, together with any notations of any special conditions involved.
   3. No building shall be erected, constructed, altered, moved, converted, extended or enlarged without the owner first obtaining a building permit from the town council. No such permit shall be issued until the applicant obtains a certificate of zoning compliance. Routine maintenance that does not result in any change to the building will not require a building permit. If the erection, construction, alteration, move, reconstruction, conversion, extension or enlargement is such as to alter the outside dimension of the building, or to increase lot coverage, no such permit shall be issued until the applicant obtains a certificate of zoning compliance.
2. Construction Prior To Ordinance Adoption. Any building permit issued pursuant to any ordinances which provided for the erection of a building or structure shall continue in full force and effect, provided that the holder has substantially undertaken construction on the date of the ordinance from which this chapter derives.
3. Expiration Timeline. Applicant shall have 18 months to record development plans after the date of Town Council final approval.
   

(UDC 2002, §§ 900, 905)

1. Created. The board of adjustment is hereby established in the manner prescribed by law. Such board shall consist of three members. At least one member shall be a resident of the town who is not a member of town council or an employee of the town. The town council shall approve all appointments for a term of two years. Initial appointment of members shall be as follows: one member for three years and one member for two years and one member for one year. Any member of the board may be removed by a three-fifths vote of the full council. Vacancies shall be filled for the unexpired term of any member whose position become vacant. If at any time a member of the board of adjustment experiences a conflict of interest on his part, that member must step down while the other members reach a decision.
2. Powers And Duties.
   1. Powers Of The Board Of Adjustment. The board of adjustment shall have the following powers:
      1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the town's codes and the laws of the state and any amendment thereto or to this chapter.
      2. To hear or decide variances to the terms of this chapter upon which the board is required to pass under this chapter.
      3. To authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where owing to special conditions or exceptional situations, a literal interpretation of the provisions of this chapter will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of this chapter shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the chapter.
      4. In exercising the above-mentioned powers, the board of adjustment may reverse or affirm, wholly or partially, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken. Notices of such decision shall be given to all parties in interest.
3. Meetings Of The Board Of Adjustment. A meeting shall be held at the call of the chair and at such other times as the board may determine. Such chair or, in his absence, the acting chair may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public and the board shall keep the minutes of its proceedings, indicating the vote of each member upon each question, or if absent or failing to vote. The board shall keep a record of its examinations and other official actions, all of which shall be filed in the office of the board and shall constitute a public record.
4. Appeals. Any person or persons, or any taxpayer or any officer, department, board or bureau of the Town aggrieved by any decision of the Board of Adjustment may seek review by the Superior Court of such decision, in the manner provided by the laws of Delaware and particularly by Chapter 3, Title 22, annotated Code of Delaware. Such an appeal must be filed within thirty (30) days of the date the Board of Adjustment issues its written opinion on the matter, which is the subject of the appeal.

(UDC 2002, §§ 901A, 901A1, 901B, 901C)

1. Town Council Authority To Amend Regulations, Etc. The town council may from time to time amend, change, modify, repeal or add any regulations, limitations, restrictions of this article, including the zoning map. No such amendment, change, modification, repeal or addition shall be adopted until after a public hearing is held thereon by the town council at which parties in interest and citizens shall have an opportunity to be heard. Failure to give such notice shall not invalidate any such amendment, change, modifications, repeal or addition. No amendment or change shall become effective unless the ordinance proposing such amendment or change shall first have been submitted to the Planning Commission for approval or disapproval or recommendation, and the Planning Commission shall have 60 days after formal submission of the proposed amendment or change for consideration and report. In the case of an unfavorable report by the Planning Commission, such amendment or change shall not become effective except by a favorable vote of three-fifths of the town council.
2. Petition To Be Accompanied By Necessary Information. The Planning Commission is hereby granted the authority to require as a consideration of such proposal, other than one originating within the council, that petition be submitted accompanied by such maps, charts, sketches, and other information as the Planning Commission deems necessary for the proper and effective consideration of such proposal, and to refuse to consider any proposal, and to refuse to consider any proposal not complying with such requirement.
3. Public Hearing Required. No proposed change, amendment, modification or repeal of any zoning regulation, restriction or boundary shall become effective until after a public hearing in relation hereto shall have been held by the council, at which interested parties and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation.
4. Protests To Be Filed With Town Secretary. In the event of a protest against such changes, a petition signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change or the properties immediately adjacent thereto extending 200 feet from such proposed change, such amendment shall not become effective except for a favorable vote of three-fifths of all members of council. All protests under this paragraph must be filed with the town secretary at least one working day prior to the hearing date of the said proposal.
5. Failed Proposals. If, after due consideration, a proposal is denied, such proposal shall not be eligible for reconsideration for a period of one year after final action by the town council, except upon a favorable vote of four-fifths of the town council.

(UDC 2002, §§ 904A–904E)

1. Planning Commission. The Planning Commission is hereby established in the manner prescribed by law. This commission shall consist of five members. At all times one member is to be a member of the Board of Adjustment. All members are to be appointed by the town council for a period of three years. Any member may be removed by a majority vote of the full council. Vacancies shall be filled for the un-expired term of any member whose position becomes vacant. The duties of the Planning Commission shall be to review the zoning ordinance and to advise the board of adjustment and town council of proposed amendments or changes in the zoning ordinance on a yearly basis. The Planning Commission has the responsibility of updating the zoning map and developing a comprehensive development plan.
2. Zoning Map. The boundaries of the districts described in TMC 24.12.010 paragraph A shall be as shown upon the map attached to and made a part of this chapter, which shall be designated the "the zoning map of the town." Said map and all notations, references and other data shown thereon are hereby incorporated by reference into this chapter and shall be considered as much a part of this chapter as if fully described herein.

(UDC 2002, §§ 907, 908)

1. Continuance. Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of the ordinance from which this paragraph is derived may be continued although such use or building does not conform to the regulations specified by this section for the zone in which such land or building is located.
2. Expansion And Enlargement.
   1. A nonconforming use of a building, structure or land may not be extended or enlarged.
   2. A nonconforming use shall be considered terminated when the building, structure or improvements are destroyed in excess of 50 percent of its fair market value, as established by an appraisal prepared by a professional appraiser qualified to do business in the state.
   3. A nonconforming building or structure may be extended or enlarged only when:
      1. Any new extension or enlargement conforms to the requirements of this chapter.
      2. If the proposed extension or enlargement exceeds 50 percent of the gross floor area of the existing building or structure, then the entire site and buildings must be brought into conformance with this chapter.
      3. Alteration of a building within an existing footprint is permitted, provided that the alteration does not increase the degree of nonconformity.
3. Restoration.
   1. Restoration of a nonconforming building or structure destroyed less than 50 percent of its fair market value, as established by an appraisal prepared by a professional appraiser qualified to do business in the state, shall be permitted, provided:
      1. The restoration commences within six months of the date of destruction.
      2. The commencement of restoration shall mean the acquisition of a building permit and commencement of construction within six months from the date of destruction.
   2. Restoration of a nonconforming building or structure destroyed in excess of 50 percent of its fair market value, as established by an appraisal prepared by a professional appraiser qualified to do business in the state, shall not be permitted, except in conformance with this chapter.
   3. The replacement or repair of portions of a nonconforming building or structure declared by the town building code official, to be a hazard or unsafe shall be permitted provided the repairs or replacement do not increase the gross floor areas of the building or increase the degree of nonconformity with the setback requirements and further provided that the portions declared unsafe do not exceed 50 percent of the fair market value of the whole structure, as established by an appraisal prepared by a professional appraiser qualified to do business in the state.
4. Abandonment; Discontinuance. A nonconforming use shall be considered abandoned or discontinued when there occurs a cessation of any use or activity by an apparent act or a failure to act on the part of the tenant or owner to reinstate such use within a period of three months.
5. Reversion. No nonconforming use shall, after being changed into a conforming use, be changed back to a nonconforming.
6. Changes Of Zoning. Whenever boundaries of a zoning district are changed so as to transfer an area from one zone to another of different classification, the foregoing paragraph E shall also apply to any nonconforming use.

(UDC 2002, §§ 600–605)