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ORDINANCE NO. 626
AN ORDINANCE TO ENACT A MORATORIUM'OR ACCEPTANCE OF MINOR AND MAJOR SUBDIVISION APPLICATIONS, CONDITIONAL USE SITE PLANS APPLICATIONS AND OTHER RESIDENTIAL OR COMMERCIAL LAND DEVELOPMENT REQUIRING REVIEW OR APPROVAL BY THE BOARD OF ADJUSTMENT, PLANNING & ZONING COMMISSION OR THE COMMISSIONERS OF THE TOWN OF DEWEY BEACH
WHEREAS, the 2007 Comprehensive Plan was adopted by the Town of Dewey Beach on June 29, 2007; and
WHEREAS, the Office of State Planning approved the Plan on July 29, 2007 by letter of August 3, 2007; and
WHEREAS, the Town has up to eighteen (18) months to enact new Zoning Ordinances consistent with the Comprehensive Plan; and
WHEREAS, the Town has subsequently hired a Town Planner to assist with the Comprehensive Plan; and
WHEREAS, Ordinance 593 was enacted to provide a moratorium on the conversion of commercial to residential development until the Comprehensive Plan was approved and new Zoning Ordinances enacted; and
WHEREAS, it has been deemed desirable to extend the moratorium to include minor and major subdivision applications, conditional use site plan applications and any other residential or commercial land development requiring approval by the Board of Adjustment, Planning & Zoning Commission or the Commissioners of the Town of Dewey Beach is necessary and appropriate to protect the integrity ofthe rule making and Comprehensive Plan development process.
NOW THEREFORE; the Commissioners of the Town of Dewey Beach hereby enact the following:
Moratorium on acceptance of minor and major subdivision applications, conditional use site plan applications and any other residential or commercial land development requiring review or approval by the Board of Adjustment, Planning & Zoning Commission or the Commissioners of the Town of Dewey Beach until November 10, 2008.
A. Purpose:
A moratorium is hereby enacted upon the acceptance of applications for minor and major subdivision applications, conditional use site plans, and any other residential or commercial land development requiring review or approval by the Board of Adjustment, Planning & Zoning Commission or the Commissioners of the Town of Dewey Beach to permit the Town to establish new Zoning Ordinances consistent with the 2007 Comprehensive Plan of the Town of Dewey Beach.
B. Duration:
The moratorium shall be imposed until and including November la, 2008. During this time period, no application shall be accepted.
C. Exception:
1. Any application for a variance of special exceptions based on a disability of a homeowner or resident.
D. Effective Date:
This Ordinance shall be effective upon enactment.
E. Termination:
This Ordinance shall terminate on November la, 2008 unless extended or repealed prior to that date.
Section 2. Severability:
The provision of this Ordinance is severable; and, if any of its provisions or any sentence, clause or paragraph or the application thereof to any person or circumstance shall be held unconstitutional or in violation of the laws of the State of Delaware by any court of competent jurisdiction, the decision of such court shall not invalidate or impair any ofthe remaining provisions which can be given effect without the invalid provision or application.
BE IT ENACTED AND ORDIANED by the Commissioners ofthe Town of Dewey Beach into law this 13 day of June, 2008
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