It shall be the duty of the Division of Inspections
and Enforcement to enforce the provisions of this chapter and to refuse
to issue any permit for any buildings, or for the use of any premises
which would violate any of the provisions of said chapter. It shall
also be the duty of all officers and employees of the County to assist
the enforcement of this chapter by reporting to the Division of Inspections
and Enforcement any seeming violation in new construction, reconstruction
or land uses.
[Added 4-23-2002 by Ord. No. 02-12]
A.
Prohibitions.
(1)
Any person who violates any provision(s) of
the Kent County Code, or has land use related violations, or fails
to comply with any of the requirements hereof, or who maintains, erects,
constructs. alters, or repairs a building, structure or premises in
violation of an approved plan or directive of the Department of Planning
Services, or of a permit or a certificate issued under this chapter,
shall be subject to any of the enforcement mechanisms and penalties
outlined in this chapter.
(2)
The enforcement mechanisms of this chapter shall
also apply to violations of any former County Code provisions, regulations,
rules, laws, ordinances, or any other requirements relating to land
use to the extent that such provisions were legally applicable at
the time of the violation.
(3)
Except as provided in Subjection A(4), no land
use application shall be granted by any Kent County department or
Board of Kent County if the applicant is not in good standing with
Kent County. If any Kent County department or Board of Kent County
denies a land use application based upon the fact that the applicant
is not in good standing, such decision must be sent to the applicant
in writing, outlining the basis for the conclusion that the applicant
is not in good standing.
(4)
An administrative board or commission of appropriate
jurisdiction may consider and decide a land use application so long
as the applicant is not delinquent in its payment of monies owed to
Kent County, where the application is submitted in an effort to resolve
an existing Code violation. In such situations, the County will stay
enforcement of the Code violation, so long as there is no imminent
threat to the health, safety or welfare to the citizens of Kent County,
until the administrative board has issued its written decision on
the application.
B.
Notice.
(1)
Whenever the Director of Planning Services determines
that there has been a Kent County Code violation or land use related
violations or has reasonable grounds to believe that a violation has
occurred, notice shall be given to the owner of record and the responsible
party for the property who shall be legally responsible for such violation.
All notices shall:
(a)
Be in writing;
(b)
Contain the address of the property or a description
of the property sufficient for identification:
(c)
Include a clear statement of the reason or reasons
why the notice is being issued: and
(d)
Include a correction order allowing reasonable
time to achieve compliance with the Kent County Code regulation, rule,
law or ordinance, which shall in no case be greater than 30 days,
unless an extension for cause is approved by the Director of Planning
Services.
(2)
Method of service. Notice required by this section
shall be satisfied where a copy of the notice required by this section
is:
(a)
Delivered to the owner of record and any responsible
party personally; or
(b)
Mailed by certified United States mail, return
receipt requested, and addressed to the owner of record and responsible
party at his or her last known address as reflected by Kent County
records; and
(c)
Posted in a conspicuous place on the property
affected by such notice.
(3)
Exceptions to this section.
(a)
In no case shall the Department of Planning
Services be required by this section to provide a correction order
to any owner or person previously provided notice pursuant to this
section or under any former Code provision where the same Code violation
or land use related violation is alleged by the Department to exist.
This exception shall apply regardless of whether the new violation
exists on the same property for which notice had previously been given
or a different property.
(b)
In the event that a code violation or land use
related violation exists or is reasonably believed to exist because
work is being done in an unsafe or dangerous manner, jeopardizes the
health, safety or welfare of the public, or is being done (or was
done) in the absence of necessary approval(s), plan(s), or permit(s),
no correction order is required by this section.
C.
Enforcement.
(1)
Administrative enforcement.
(a)
Code violations: health, safety, welfare of
public not in jeopardy. Predeprivation show-cause hearing: If such
violations are not remedied within the time specified in this notice,
the Director of Planning Services shall schedule a rule-to-show-cause
hearing and provide the person an opportunity to defend his, her,
or its conduct at a show-cause hearing prior to any penalty being
imposed. After such rule-to-show-cause hearing, the Director of Planning
Services shall render a decision within 10 days and send a written
letter to the person informing him or her of his or her decision and
detail the reasons for any adverse action taken.
(b)
Unsafe work, work jeopardizing the health, safety
or welfare of the public, or work being done in the absence of necessary
approval(s), plan(s) or permit(s). Post-deprivation show-cause hearing:
Whenever the Director of Planning Services determines that work on
any premises is being done in an unsafe or dangerous manner, jeopardizes
the health, safety or welfare of the public, or is being done (or
was done) in the absence of necessary approval(s), plan(s), or permit(s),
such work shall be immediately stopped by the issuance of a stop-work
order. In addition to the notice requirements contained in § 205-415.1(B)(1),
the notice shall require the person notified to appear within no more
than 10 days at, a specified time in the office of the Director of
Planning Services to show cause why the work should be allowed to
continue. The Director of Planning Services shall render a decision
within 10 days and send a written letter to the person informing him
or her of his or her decision and detail the reasons for any adverse
action taken.
[1]
Unlawful continuance. Any person
who shall continue any work in or about the structure after having
been served with a stop-work order, except such work as that person
has been directed to perform to remove a violation as per the correction
order, shall be considered to be in violation of this chapter.
[2]
Removal of placard. Any person
who defaces or removes a violation notice or stop-work order notice
or placard shall be considered to be in violation of this chapter.
(c)
Penalties that may be imposed after hearing:
[1]
Refusal to issue any further building
permits and/or certificates of occupancy. The Director of Planning
Services may refuse to grant any further building permits or certificates
of occupancy to the applicant or to any entity in which the applicant
has a controlling interest or to any entity formed by the applicant
in an attempt to circumvent the effect of this penalty. The Director
of Planning Services is authorized to withhold additional permits
and/or certificates of occupancy only until the applicant remedies
outstanding Code and/or land use related violations. This section
does not apply to property owned by the applicant with other individuals
or entities in which the other individuals or entities have a legitimate
interest.
[2]
Institution of remedial action.
The County may initiate action to remedy the violation. Upon completion
of such remedial work, the violator shall be provided the opportunity
to reimburse the County for the cost incurred. In addition to any
expense incurred by the County for the removal or abatement of such
violations, a minimum administrative fee of $100 shall be assessed
to the owner of record or responsible party. If the amount is not
paid within 30 days after notice requesting reimbursement is received,
such amount, together with a penalty of 10% of such expense and interest
of eight percent per annum shall be assessed against the owner of
record or responsible party. If the violator fails to reimburse the
County within the 30 days, the County may call or collect on any bond
or insurance established for this purpose; place a lien on any property
within the County held by the person as permitted by State law; and/or
institute a civil action for the recovery of such expense, together
with any penalty and/or interest, against the person, and the County
shall be awarded reasonable attorney fees. This section shall not
be construed to limit any other actions or remedies at law or equity.
(2)
Civil enforcement. Any person violating the
provisions of this chapter shall be subject to a civil proceeding
instituted by the County Attorney. The County may apply to the Court
of Chancery for injunctive relief against the person to prevent, abate,
or enjoin any continuing violation of the provisions of this chapter.
The violator shall be responsible for any costs incurred in preventing,
abating or enjoining such violations, including reasonable attorney
fees.
(3)
Criminal enforcement. Any person violating the
provisions of this chapter shall be subject to a criminal proceeding
instituted by any code enforcement officer and/or the County Attorney.
It is unnecessary to prove the defendant's state of mind with regard
to offenses which constitute violations hereunder as the legislative
purpose of this chapter is to impose strict liability for such offenses.
If a penalty is not otherwise provided for, violators will be subject
to a fine of $500. Each day that a continuing violation is maintained
or permitted shall constitute a separate offense. All notices given
prior to criminal enforcement shall comply with constitutional due
process requirements.
A.
No land shall be occupied or used, except for agricultural
uses, until a certificate of occupancy shall have been issued by the
Division Head of Inspections and Enforcement.
B.
No premises shall be used, and no buildings hereafter
erected or structurally altered shall be used, occupied or changed
in use, until a certificate of occupancy shall have been issued by
the Division Head of Inspections and Enforcement stating that the
building or proposed use of a building or premises complies with the
building laws and the provisions of these regulations.
C.
Certificates of occupancy - refer to Section 118 of
the BOCA National Building Code and the Kent County Building Code
Supplement to the BOCA National Building Code.
D.
No excavation for any building shall be allowed before
an application has been made for a building permit.
A.
No building shall be erected, constructed, altered,
moved, converted, extended or enlarged without the owner or owners
first having obtained a building permit. Such permit shall require
conformity with the provisions of this chapter. When issued, such
permit shall be valid for the period of time specified thereon.
B.
No mobile or manufactured home shall be placed at
any location outside a manufactured home park without the owner first
having obtained a building permit from the Division of Inspections
and Enforcement. Separate placement permits shall be required for
each mobile home as authorized in an approved mobile home park as
established prior to the enactment of applicable zoning regulations.
C.
No building permit by the Division Head of Inspections
and Enforcement lawfully issued prior to the effective date of this
chapter, or of any amendment hereto, and which permit, by its own
date, shall be invalidated by the passage of this chapter, or any
such amendment, but shall remain a valid and subsisting permit, subject
only to its own terms and provisions and ordinances, rules and regulations
pertaining thereto, and in effect at the time of the issuance of such
permit; provided that all such permits shall expire not later than
60 days from the effective date of this chapter, unless actual construction
shall have theretofore begun and continued pursuant to the terms of
said permit.
All applications for building permits shall
be accompanied by a drawing or plot plan in duplicate or as required
by the Division Head of Inspections and Enforcement showing, with
dimensions, the lot lines, the building or buildings, the location
of buildings on the lot and such other information as may be necessary
to provide for the enforcement of these regulations, including, if
necessary, a boundary survey and a staking of the lot by a competent
surveyor and complete construction plans. The drawings shall contain
suitable notations indicating the proposed use of all such land and
buildings. A careful record of the original copy of such applications
and plats shall be kept in the offices of the Division Head of Inspections
and Enforcement and a duplicate copy shall be kept at the building
at all times during construction. In a particular case, the Division
Head of Inspections and Enforcement may waive the requirement for
plot plans when such a plan is clearly unnecessary to a decision or
the record on the case.
A.
Preapplication meeting; formal site plan review. Conditional use approval may be initiated by arranging a preapplication meeting with an agent of the Regional Planning Commission. At the preapplication meeting, the Director shall discuss the proposed use to determine whether formal site plan review is required in accordance with Chapter 187, Subdivision and Land Development.
[Amended 6-24-2003 by Ord. No. 03-14; 9-24-2019 by Ord. No. 19-18]
B.
Existing conditional uses. Any conditional use legally
existing prior to the effective date of this chapter which is listed
as a conditional use for the district where the use is located shall
be permitted to continue as a conditional use. Any conditional use
legally existing prior to the conditional use for the district where
the use is located shall be a nonconforming use, unless it is listed
as a permitted use for that district.
C.
Revocation of permits. Permits issued under a conditional
or special use approval may be revoked by the Director for failure
to comply with conditions of approval or applicable regulations.
[Amended 9-24-2019 by Ord. No. 19-18]
A.
Those uses listed in this chapter as conditional uses
not requiring formal site plan review shall be reviewed by the Director,
the Regional Planning Commission and the Levy Court. The procedure
for conditional use approval shall begin with a preapplication meeting
with the Director.
[Amended 9-24-2019 by Ord. No. 19-18]
B.
The preliminary conceptual plan shall comply with all the requirements of § 205-422 of this article and shall be accompanied by all required paperwork and by any other written or graphic materials as may be necessary or desirable in aiding the Director, Planning Commission and the Levy Court. The conditional use shall comply with all the requirements of the appropriate County ordinances.
[Amended 9-24-2019 by Ord. No. 19-18]
C.
The Planning Commission shall hold a public hearing
thereon, before submitting its report to the Levy Court. Notice of
public hearing shall be given by publishing the date, time, place
and nature of the hearing at least 15 days before the date of the
public hearing in a newspaper of general circulation in the County.
In addition, the date, time, place and nature of the hearing shall
be posted conspicuously on the property in accordance with the rules
of the Levy Court. The published and posted notices shall contain
references to the times and place or places within the County where
the text, maps and/or conceptual plan for the proposed use may be
examined.
D.
The Planning Commission shall review the proposed
use for compliance with the regulations of this chapter. Before recommending
the approval of the conditional use, the Planning Commission may establish
reasonable additional requirements to protect adjoining uses or residentially
zoned lots or residential uses, including, but not limited to, requirements
as to utilities, drainage, landscaping and maintenance thereof, lighting,
signs and advertising devices, screening, accessways, curb cuts, traffic
control, height of buildings and setbacks, the length of time that
the conditional use can be granted for and the amount of space (e.g.,
square footage) that can be granted for the conditional use. The application
shall be forwarded to the Levy Court, with the appropriate documentation
from the staff and the Regional Planning Commission, for their review
and approval.
E.
Before approving any proposed conditional use, the Levy Court shall hold a public hearing thereon, notice of said hearing to be accomplished by publication in a newspaper as prescribed above in Subsection C.
F.
Following the Levy Court's final approval, the conditional
use application and conceptual plan shall be filed, with all applicable
paperwork, with the Department of Planning Services, Division of Planning.
The final application, conceptual plan and paperwork may be approved
by the Director and shall comply with the specifications of the Planning
Commission, Levy Court and the applicable laws, regulations and ordinances
governing the subdivision of land.
[Amended 9-24-2019 by Ord. No. 19-18]
G.
Permits issued under an approved conditional use may
be revoked by the County for failure to comply with the approved plan,
the conditions attached thereto, or other applicable regulations.
H.
Conditional uses and conditions for approval which
are attached thereto are specified in Article XXI.
Conditional uses which do not require formal
site plan review shall submit a conceptual plan which includes the
following:
A.
A scaled drawing or document accurately describing
the following:
(1)
Location to nearest intersecting road and area of
petition (in square feet or acres to the nearest hundredth).
(2)
All property lines with their distances.
(3)
Location and dimensions of all or any easements or
right-of-way affecting the property.
(4)
The location, accurately dimensioned, of all buildings
and structures, existing and proposed, including wells, septic tanks
and tiled fields.
(5)
North point.
(6)
Any deed restriction affecting the property.
(7)
Location of the proposed use.
B.
Any additional information the Director or Planning
Commission deem pertinent to the plan.
[Amended 9-24-2019 by Ord. No. 19-18]
[Added 4-25-2023 by Ord. No. 23-06]
Uses that are identified as "PC/C" in the Permitted Use Table
shall be subject to the following review process:
A.
Submission requirements.
(1)
All applications shall provide a plot/site plan showing the
following:
(a)
Lot boundaries and dimensions.
(b)
Zoning district.
(c)
Tax Map identification number.
(d)
Date of plan.
(e)
Property owner with deed reference.
(f)
Lot area.
(g)
Location and setback of all buildings.
(h)
Rights-of-way, public and private.
(i)
All easements.
(j)
Street names.
(k)
Water and sewerage facilities.
(l)
Off-street parking spaces.
(m)
Location and nature of existing and proposed fencing and/or
screening and general landscaping.
(n)
Any other information that may be required to be shown on the
site plan by the Director of Planning Services or designee to determine
that the application is in compliance with the codes and ordinances
of the County.
(2)
Applications for home occupations/professional office/home-based
contractors/school bus parking/campgrounds shall also include:
B.
Adjacent property owner notification.
(1)
The applicant shall notify all property owners within 200 feet
of the limits of the subject property of the proposal by certified
mail. Receipts of the certified mailing shall be provided to the Department
before the application will be considered complete.
(2)
A mailing list of all property owners within 200 feet of the
subject property shall be supplied to the applicant by the Department
based upon the most current Board of Assessment records.
(3)
The written notice shall be provided by certified mail to all
property owners within 200 feet of the subject property on a standardized
form letter provided by the Department to the applicant for this purpose.
(4)
If a letter of objection is received by the Department, the
application will then be processed as a conditional use application
(not requiring formal site plan review), requiring approval from the
Kent County Levy Court and meeting all applicable conditions of this
chapter.
(5)
If no letters of objection are received within 30 days, it shall
be presumed that no adjacent property owner has an objection to the
application.
C.
Approval procedure.
(1)
Within 30 working days after an application is submitted and
accepted, the Director or designee shall approve, conditionally approve,
or deny such application. The Department shall inform the applicant
in writing of the conditions, if any, for approval or the reasons
for disapproval. Such written notice shall also describe the process
of appeals. A copy of the written notice shall be kept in the permanent
records of the Department.
(2)
Should the Director or designee deny an application, the applicant
may file an application for conditional use (not requiring formal
site plan review), requiring approval from the Kent County Levy Court
and meeting all applicable conditions of this chapter.
(3)
An applicant who receives an administrative approval for an
ECHO housing unit shall file with the planning staff on an annual
basis (as near to the date of the administrative approval as possible)
a verification of the continuing need for the ECHO housing unit. Staff
may inspect the property for compliance when reviewing verification
of continuing need.
(4)
The filing fee for administration review shall be as set from
time to time by ordinance of the Levy Court.
A.
All persons, firms or corporations making application
to the Board of Adjustment shall be required to pay a fee which represents
the actual cost of processing the application, including staff time,
publication fees and materials.
B.
All persons, firms or corporations applying for conditional
use permits under the provisions of this chapter or applying for an
amendment to this chapter or a change in the classification of the
district or a portion thereof, necessitating in the publication of
notices in the newspaper, shall be required to pay, in advance, a
fee in accordance with the fee schedule contained in Appendix H of
this chapter.[1] No fee shall be required for actions initiated by the
Levy Court of the Planning Commission.
[1]
Editor's Note: Appendix H is on file in the
County offices.
C.
The payment of such money in advance shall be deemed
a condition precedent to the consideration of such appeal, conditional
use permit or amendment. Fees shall be refunded on request if an application
is withdrawn before publication.
A.
In case any building is erected, constructed, reconstructed,
altered, repaired or converted or any building or land is used in
whole or part in violation of this chapter, the Division Head of Inspections
and Enforcement, any other Code Enforcement Official or attorney hired
by or retained by the County is authorized and directed to institute,
prosecute and take all reasonably necessary actions to conclude any
appropriate civil or criminal action to put an end to such violation.
B.
In case any building or structure is or is proposed
to be erected, constructed, reconstructed, altered, maintained or
used or any land is or is proposed to be used in violation of this
article or of any regulation or provision of any regulation or change
thereof enacted or adopted by the County government, the attorney
thereof, or any owner of real estate within the district in which
such building, structure or land is situated, may, in addition to
other remedies provided by law, institute injunction, mandamus, abatement
or any other appropriate action or actions, proceeding or proceedings
to prevent, enjoin, abate or remove such unlawful erection, construction,
reconstruction, alteration, maintenance or use.
C.
Any person or corporation who shall violate any of
the provisions of this chapter or fail to comply therewith, or with
any of the requirements thereof, or who shall build or alter any building
in violation of any detailed statement or plan submitted and approved
hereunder, shall be guilty of a misdemeanor or of a civil offense,
and shall be liable to a fine of not less than $100 nor more than
$1,000 or be imprisoned not more than 10 days, or both, and each and
every day such violation shall continue shall be deemed a separate
offense. The Division Head of Inspections and Enforcement or his designee,
any other Code Enforcement Official or attorney hired by or retained
by the County shall bring charges of any violation(s) pursuant to
this provision in a court of competent jurisdiction of the State of
Delaware in and for Kent County, which court shall have original jurisdiction
for such matters. The minimum fine of $100 is mandatory and is not
subject to suspension or reduction.
[Amended 12-8-1992 by Ord. No. 92-12]
D.
The owner or owners of any building or premises, or
part thereof, where anything in violation of this chapter shall be
placed or shall exist, and any architect, builder, contractor, agent,
person or corporation employed in connection therewith who have assisted
in the commission of any such violation shall be guilty of a separate
offense and upon conviction thereof shall be fined and/or imprisoned
as hereinbefore provided.
The following requirements shall be met when
locating a manufactured or mobile home within Kent County:
A.
All mobile or manufactured homes shall be subject
to the applicable Kent County ordinances.
B.
All manufactured homes shall be anchored with a minimum
of four anchors. Each tie-down anchor shall be a minimum of four feet
in length or 30 inches in length if double tie-down anchors are provided.
The need for additional anchors shall be determined by the manufacturer's
recommendations.
C.
Within 30 days of placement the manufactured home shall be firmly anchored to the ground as specified in Subsection B above, and the open space beneath the unit shall be skirted with an approved material which meets the requirements of all approved fire safety standards.
D.
Any manufactured or mobile home placed outside of
a manufactured home park shall have the tongue removed within 30 days
of placement, provided that the home is equipped with a removable
tongue unit.
E.
Every manufactured home to be placed on any lot or
within a manufactured home park shall first apply for and obtain a
building permit from the Division of Inspections and Enforcement,
and shall not be occupied prior to the issuance of a certificate of
occupancy.
