Delaware Code Title 9 Sec. 2614 – Changes in zoning
(a) Unless the Department of Land Use recommends approval of a rezoning, the County Council shall not change the zoning for any parcel of land without the County Council approving such change in zoning by a concurrence of two thirds of all members elected to the County Council.
Terms Used In Delaware Code Title 9 Sec. 2614
- County: means New Castle. See Delaware Code Title 9 Sec. 2652
- Land: means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land. See Delaware Code Title 9 Sec. 2652
- Land use: means the development that has occurred on the land, the development that is proposed by a developer on the land or the use that is permitted or permissible on the land under an adopted comprehensive plan. See Delaware Code Title 9 Sec. 2652
- Parcel of land: means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. See Delaware Code Title 9 Sec. 2652
(b) Any rezoning which is approved subject to restrictions shall require a two-thirds vote of all members elected to the County Council to release, remove or change such restrictions, unless the Department of Land Use recommends approval of the release, removal or change of said restrictions, in which case a simple majority of all members elected to the County Council shall be required.
68 Del. Laws, c. 272, § ?1; 69 Del. Laws, c. 27, § ?1; 71 Del. Laws, c. 401, §§ ?15, 85;