Sec. 48-51. - Procedure generally.

This chapter may be amended by the council of the city in accordance with the provisions of the charter of the city after official notice and public hearing, at least 15 days' notice of the time and place of which shall be published at least once in a newspaper of general circulation in the city. In case, however, of a protest against any proposed amendment, signed by the owners of 20 percent or more, either of the area of the parcels involved in such proposed amendment, or of those immediately adjacent thereto and within 100 feet thereof, or of those directly opposite thereto, to a depth from the opposite street line not exceeding 100 feet, then such amendment shall not become effective except by a three-quarters vote of all members of the council. To that end, any protest of any proposed amendment shall be submitted in writing on the zoning protest form available from the city clerk, signed by the owners eligible as described above, and shall be filed with the city clerk with a copy submitted to the planning department, not later than at 5:00 p.m. on the business day 48 hours preceding the date of the council's scheduled public hearing on the proposed amendment. Any protest filed pursuant to this section shall include at least the following: the name, address and telephone number of each person signing (signer) the written protest; the address of the property affected if it differs from that of the signer; a written statement asserting that the property is within the area involved in the proposed amendment as described above; and, if the owner is a corporation, the signature(s) of the authorized agent(s) acting for the corporation. The planning department, prior to the council's voting on any proposed amendment to which a protest has been filed, shall verify that the names and signatures on the zoning protest form are consistent with property ownership records and the eligibility of those who filed the protest, the area involved and location thereof and advise the president of council accordingly. As to any proposed amendment changing the zoning classification of any property that, as of October 9, 1990, is publicly owned by a local, state or federal governmental body or any agency thereof and that is zoned in the classification of open space as provided in section 48-286, no such amendment shall become effective except by a three-quarters vote of all members of the council to change that open space classification to any other zoning classification.

In accordance with the provisions of section 305 of title 22 of the Delaware Code, the foregoing provisions regarding a protest shall not be applicable to any such change which is proposed in connection with the construction of federally assisted multi-family housing for the elderly and handicapped, in all instances of which such change shall become effective by a favorable vote of a simple majority of all the members of the legislative body of the municipality. The provisions of section 304 of title 22 of the Delaware Code, relative to public hearings and official notice, shall apply equally to all changes or amendments pursuant to this zoning code.

(Code 1968, § 48-72(a); Ord. No. 92-079(sub 1), § 1, 2-4-93; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 06-072(sub 1), § 1, 1-18-07)

Sec. 48-52. - Action by planning commission.

No amendment to this chapter shall be passed until the same shall have been proposed by or be first submitted to the city planning commission. Any proposed amendment for which a petition has been duly filed and for which the fees required have been paid pursuant to section 48-34(b) shall forthwith be referred by the city clerk through the director of planning to the planning commission. With respect to any proposed amendment, the city planning commission shall hold at least one public hearing, notice of which hearing shall be published at least seven days before the date of the hearing in a newspaper of general circulation in the city. The notice shall contain the time and place of hearing and shall specify the nature of the proposed changes in a general way and shall specify the place and times at which the text and map relating to the proposed amendment may be examined. Unless the city planning commission shall have submitted its report through the mayor upon the proposed amendment within 90 days after the submission thereof to it, city council shall be free to proceed to the adoption of the amendment without further awaiting the receipt of the report of the city planning commission. This 90-day period for consideration and report by the city planning commission may be extended by a three-quarters vote of city council. No amendment shall be passed by the city council without concurrence of the city planning commission in the proposed amendment except by a three-quarters vote of city council.

(Code 1968, § 48-72(b))

Sec. 48-53. - Additional park and playground property.

Whenever additional real property is acquired for park or playground purposes by the department of parks and recreation of the city, such department shall file with the zoning administrator and the clerk of the council a map showing the boundaries of such property which shall then be automatically rezoned as part of the O district and the zoning map amended accordingly.

(Code 1968, § 48-72(c))

Sec. 48-54. - Time lapse between petitions for rezoning.

No petition for amendment, change or modification of any zoning classification or zoning district with respect to any land which has been the subject of a prior rezoning proceeding shall be filed within one year after a decision by the city planning commission on the merits of the prior rezoning petition.

(Code 1968, § 48-72(d))

Secs. 48-55—48-65. - Reserved.