CHAPTER 118

RELATING TO ZONING

AN ACT TO AMEND CHAPTER 26, TITLE 9, DELAWARE CODE, AND ENTITLED "ZONING", BY CHANGING THE PROVISIONS THEREOF AFFECTING CHANGES IN ZONING DISTRICT, PLAN OR REGULATIONS; PROCEDURE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 2611, Chapter 26, Title 9, Delaware Code, is amended to read as follows:

§ 2611. Changes in zoning district, plan or regulations; procedure

(a) The Levy Court may, from time to time, make amendments, supplements, changes, modifications (herein called "changes") with respect to the number, shape, boundary or area of any district or districts, or any regulation of, or within, such district or districts, or any other provision of any zoning regulation or regulations, but no such changes shall be made or become effective until the same shall have been proposed by or be first submitted to the Zoning Commission.

(b) With respect to any proposed changes, the Zoning Commission shall hold at least one public hearing, notice of which hearing shall be published at least seven days before the date of the hearing in a newspaper of general circulation in the County. The notice shall contain the time and place of hearing, and shall specify the nature of the proposed change in a general way and shall specify the place and times at which the text and map relating to the proposed change may be examined.

(a) Unless such Zoning Commission shall have transmitted its report upon the proposed changes within thirty days after the submission thereof to it, the Levy Court shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Zoning Commission. In any event, the Levy Court shall not be bound by the report of the Zoning Commission. Before finally adopting any such changes, the Levy Court shall hold a public hearing thereon, at least fifteen days' notice of the time and place of which shall be given by at least one publication in a newspaper of general circulation in the County.

Approved May 17, 1955.