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 Back | 144th General Assembly
House Bill # 455 |
| Primary Sponsor: | Carson | Additional Sponsor(s): Sen. Ennis |
| CoSponsors: | Rep. B. Short; Sen. McDowell |
| Introduced on : | 06/11/2008 | |
| Long Title: | AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPAL ZONING REGULATIONS. |
| Synopsis: | It often occurs that, because of a survey or builder’s error, a building is constructed in minor violation of the dimensional restrictions of a municipal zoning ordinance. Such minor violations can cause the property owner considerable difficulty with regard to title insurance, exposure to prosecution for a violation of a municipal ordinance and marketability of the property. A frequent way of resolving such problems is to seek a variance from the municipality’s Board of Adjustment, the process for which is often time consuming, costly and subject to inconsistent results.
This act, modeled after 9 Del. C. §1313(f), which authorizes the New Castle County Department of Land Use to grant administrative variances, would permit the legislative body of a city or incorporated town to adopt an ordinance which vests a designated town official or department with authority to grant variances administratively, subject to the standards (e.g. a showing of good faith error), procedures (e.g. notice to abutting property owners, right of appeal to the Board of Adjustment), and conditions (e.g. mandatory correction in the event of future structural renovations) the legislative body deems appropriate.
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| Committee Reports: |
House Committee Report 06/26/08 F=0 M=7 U=0----> |
| Voting Reports: |
House vote: () Passed 6/30/08 10:28:21 PM------->
Senate vote: () Passed 7/1/08 3:49:27 AM-------> |
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Actions History:
| Jul 16, 2008 - Signed by Governor
Jul 01, 2008 - Passed by Senate. Votes: Passed 17 YES 0 NO 0 NOT VOTING 4 ABSENT 0 VACANT
Jul 01, 2008 - Necessary rules are suspended in Senate
Jun 30, 2008 - Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 26, 2008 - Reported Out of Committee (TRANSPORTATION/LAND USE AND INFRASTRUCTURE) in House with 7 On Its Merits
Jun 11, 2008 - Introduced and Assigned to Transportation/Land Use and Infrastructure Committee in House
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