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Municipal Code: Chapter 32
Application Procedure
If you wish to use your property for a use not permitted by the Zoning Code in a particular District, you need a Rezoning. Applications for Rezonings are obtained in the Planning Department, where questions regarding regulations and procedures can be answered. Zoning Codes may be found on the City's website and Zoning maps may be purchased in the City Secretary's Office.

Rezoning applications should be submitted to the Director of the Planning Department and usually include:
  • A completed application form.
  • A copy of your property deed.
  • 25 copies of a property survey drawn by a professional engineer.
  • 25 copies of a development plan (may be combined with Item No. 3).

In addition, the Planning Director may request that other documents and materials be furnished by the petitioner to assist the Planning Commission and City Council in evaluating the land use decisions related to the proposed Rezoning. Please consult the Planning Department at 302-366-7030.

Review & Approval Process
The Planning Department and city staff evaluate the proposed rezoning in light of compatibility with the surrounding neighborhood, existing conditions in the area, long-range planning studies, the Zoning Code, traffic, and the city's capability to provide sewer, water and electric, and other services.

The application, development plan, and city staff evaluation are then forwarded to the Planning Commission and the Rezoning proposal is placed on the Commission's agenda. In preparation for the Commission hearing, all property owners within 300 feet of the property being considered for Rezoning are notified of the meeting by certified mail 10 days prior to the hearing.

Public Presentation
During the Planning Commission meeting, the applicant has an opportunity to make a public presentation of the Rezoning proposals, while adjacent owners have an opportunity to comment on the Rezoning. The Commission's recommendation is then forwarded to City Council.

In order to approve a Rezoning Ordinance, the proposal must receive two readings before City Council with a public hearing at the second reading, and receive a majority vote of all Council members. Adjacent property owners receive 15 days notice of the time and place of the public hearing. If Council approves the Rezoning Ordinance, the Official City Zoning Map is changed.

Note: If the owners of 20% or more of either the area included in the zoning change, or within 100 feet of the area should file a signed "protest" opposing the Rezoning, a three-fourths majority vote of Council (6 of 7 members) is necessary to approve the Rezoning Ordinance.

Rezoning application fees are governed by City Ordinance.