CHAPTER 197

FORMERLY

HOUSE BILL NO. 392

AN ACT TO AMEND CHAPTER 13, TITLE 9 OF THE DELAWARE CODE RELATING TO THE JURISDICTION OF THE NEW CASTLE COUNTY BOARD OF ADJUSTMENT; APPROVAL BY COUNTY COUNCIL OF USE VARIANCES REQUIRED.

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

Section I. Amend Section 1352, Chapter 13, Title 9 of the Delaware Code by adding new subsections (b), (c) and (d) and relettering subsection (b) to (e) to read as follows:

"(b) A variance which permits a use otherwise prohibited by any zoning ordinance, code, or regulation shall not be valid unless approved by resolution of County Council. Use variances to be approved by Council shalt be advertised and affected State agencies, including but not necessarily limited to the Departments of Transportation and Natural Resources and Environmental Control, shall be notified by registered mall, return receipt requested, at least thirty (30) days prior to hearing scheduled before the Board of Adjustment. Said use variance shall thereafter be presented to Council at the next scheduled meeting following approval by the Board of Adjustment, advertisement, and notification as provided herein.

(c) County Council shall approve or disapprove the use variance or return the

matter to the Board of Adjustment for further hearings and findings consistent with this section.

(d) Appeals from decisions of the County Council shall be to Supertor Court as heretofore provided for appeals from decisions of the Board of Adjustment."

Approved December 17, 1987.