CHAPTER 371

FORMERLY

HOUSE BILL NO. 455

AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPAL ZONING REGULATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §327(a), Title 22 of the Delaware Code by deleting the period “.” that appears at the end of subsection (3) and substituting in lieu thereof the following:

“; provided, however, that notwithstanding any provision of law to the contrary, the legislative body of any city or incorporated town may, by ordinance, vest a designated town official or department with authority to administratively grant a dimensional variance for existing conditions that do not exceed one foot (1’) of the required dimension restrictions without the application being considered by the Board of Adjustment, subject to the standards, procedures and conditions set forth in the ordinance granting such authority.

Approved July 16, 2008