CHAPTER 78

FORMERLY

SENATE BILL NO. 205

AN ACT TO AMEND CHAPTER 69, TITLE 9, DELAWARE CODE, RELATING TO ZONING IN SUSSEX COUNTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 69, Title 9, Delaware Code, by deleting 56902 in its entirety and substituting in lieu thereof the following:

"§6902. Power and Jurisdiction of County Government

The county government may, in accordance with the conditions and procedure specified in this chapter, regulate the location, height, bulk and size of buildings and other structures, the percentage of lot which may be occupied the size of yards, courts and other open spaces, the density and distribution of population, the location and uses of buildings and structures for trade, industry, residence, recreation, public activities or other purposes and the uses of land for trade, industry, residence, recreation, public activities, water supply conservation, soil conservation or other similar purposes, in that portion of Sussex County which is not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body or authority of such city or town, not withstanding any provision of other titles or chapters of this code to the contrary."

Section 2. Amend Chapter 69, Title 9, Delaware Code, by deleting §6909 in its entirety and by substituting in lieu thereof the following:

"§6909. Commission's Powers in Conduct of Public Hearings

For the purpose of any public hearing under this Chapter, the Commission shall have power to summon witnesses, administer oaths, and compel the giving of testimony. A taped recording or written transcript shall be made and become a part of the Commission's public records."

Section 3. Amend §6910, Title 9, Delaware Code, by deleting subsection (a) therein and by substituting in lieu threof the following:

"(a) Before the adoption of any zoning proposal or zoning regulations, the County government shall hold a public hearing in accordance with 9 Del. C. §7002(m)."

Section 4. Amend §6911, Title 9, Delaware Code, by deleting subsection (c) and suteltuting in lieu thereof the following:

"(c) Unless the Commission shall have transmitted its report upon the proposed changes within forty-five (45) days after the submission thereof to it, the county government shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Commission. In any event, the county government shall not be bound by the report of the Commission. Before finally adopting any changes, the county government shall hold a public hearing thereon pursuant to 9 Del. C. §7002(m). Additionally, notice of the hearing by the county government shall be posted on the property itself."

Section 5. Amend §6916, Title 9, Delaware Code, by deleting subsection (c) and substituting in lieu thereof the following:

"(c) Appeals taken to the Board of Adjustment may be referred by the Board of Adjustment to the Commission for its review and recommendations."

Section 6. Amend §6918, Title 9, Delaware Code, by deleting subsection (d) and substituting in lieu thereof the following:

"(d) The Board of Adjustment shall not be required to return the original papers acted upon by It, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be perrtinent and material to show the grounds of the decision appealed from and shall be verified. The cost of the transcript of the hearing appealed from shall be the responsibility of the person appealing the decision unless said costs are allowed against the Board as provided in subsection (g) of this Section."

Approved June 27, 1983.