§ 2607 — Changes in zoning district, plan or regulations; procedure

(a) The County Council may, from time to time, make amendments, supplements, changes, modifications (herein called “changes”), in accordance with a comprehensive development plan adopted pursuant to Chapter 13 of this title, with respect to the number, shape, boundary or area of any district or districts, or any regulation of, or within, such district or districts, or any other provision of any zoning regulation or regulations, but no such changes shall be made or become effective until the same shall have been proposed by or be first submitted to the Department of Land Use.

(b) With respect to any proposed changes, the Department of Land Use shall hold at least 1 public hearing, notice of which hearing shall be published at least 7 days before the date of the hearing in a newspaper of general circulation in the County. The notice shall contain the time and place of hearing, and shall specify the nature of the proposed change in a general way and shall specify the place and times at which the text and map relating to the proposed change may be examined.

(c) Unless such Department of Land Use shall have transmitted its report upon the proposed changes within 45 days after the submission thereof to it, the County Council shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Department of Land Use. In any event, the County Council shall not be bound by the report of the Department of Land Use. Before finally adopting any such changes, the County Council shall hold a public hearing thereon, at least 15 days notice of the time and place of which shall be given by at least 1 publication in a newspaper of general circulation in the County.

Legislative History

48 Del. Laws, c. 321, § 8 ; 9 Del. C. 1953, § 2611; 50 Del. Laws, c. 118, § 1 ; 55 Del. Laws, c. 85, §§ 18A, 18B ; 66 Del. Laws, Sp. Sess., c. 199,, § 2 ; 66 Del. Laws, c. 201, § 1 ; 71 Del. Laws, c. 401, §§ 15, 85