HOUSE OF REPRESENTATIVES

150th GENERAL ASSEMBLY

HOUSE BILL NO. 227

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO KENT COUNTY ZONING.

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

Section 1. Amend § 4901, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4901. Power of county government; area subject to regulation.

(d) Notwithstanding any regulation or ordinance to the contrary, any zoning use that is not specifically allowed in the zoning district or not specifically prohibited in the zoning district must be considered and determined as a conditional use.

SYNOPSIS

Zoning laws address what land uses are allowed in a zoning district.

In Kent County, many uses are not automatically allowed but may be allowed as conditional uses.

This bill makes it clear that a use not automatically allowed or prohibited must be considered as a conditional use.