APPROVALS REQUIRING PUBLIC HEARING
The following types of land use applications require approval from both the Kent County Regional Planning Commission (RPC) and the Kent County Levy Court through the public hearing process:
Conditional Use (not requiring site plan review) - click here for application
Conditional Use with Site Plan - click here for application / application checklist / application for mailing list / School District notification form
Comprehensive Plan Map Amendment and Zoning Map Amendment (rezoning) - click here for application / application for mailing list
The following types of land use applications require approval from the Kent County Regional Planning Commission (RPC) only through the public hearing process:
Major Subdivision - click here for application / application checklist / application for mailing list / School District notification form
Sketch Plan - click here for application / application checklist
Agricultural Preservation District (in conjunction with the Department of Agriculture) - please contact the Delaware Agricultural Lands Preservation Foundation at (302) 698-4530 for information on creating or expanding an Agricultural Preservation District.
RPC BUSINESS MEETING APPROVALS
The following types of land use applications require approval from the Kent County Regional Planning Commission (RPC) but do not require a public hearing:
Site Plan Review - click here for application / application checklist
Subdivision Waiver - click here for application
BOARD OF ADJUSTMENT APPROVALS
Variances from zoning regulations may be requested when, by reason of exceptional narrowness, shallowness, shape or topography of a property, strict application of the regulation would result in undue hardship (other than financial) or exceptional practical difficulty in using the property. These applications are heard by the Kent County Board of Adjustment (BOA).
BOA variance - click here for application
ADMINISTRATIVE APPROVALS
ECHO Housing Units - (Elderly Cottage Housing Opportunity) - Temporary residences for aging parents or persons with serious health problems or physical disabilities, which are located on the same property with another family member; for the care and security of those persons. (read more...)
Home-based Contractor Establishment - Administrative approval of an accessory use of a residential property in the AC (Agricultural Conservation) and AR (Agricultural Residential) zoning districts, allowing the owner-occupant of the premises to engage in a contractual service business, subject to certain conditions. (read more...)
Home Occupation/Professional Office - Administrative approval of uses that are incidental to the residential use of the property, such as a family home child care, subject to certain conditions. (read more...)
Accessory Dwelling Application / Conditions of Approval (both forms must be submitted to apply) - Administrative approval of one (1) dwelling that is subordinate to the primary residence on a parcel of land, subject to certain conditions. (read more...)
Minor Subdivision - Subdivision of a property into five (5) or fewer parcels of land from the original tract (existing parcel as of 10/11/94). Any further subdivision of the parcel will require Major Subdivision Review. New lots containing 20 acres or more do not count toward the number of lots created under Minor Subdivision provisions. Minor Subdivision plans must be submitted by a professional engineer or land surveyor licensed in the state of Delaware.
Minor Lot Line Adjustment - Minor lot line adjustment for the sale or exchange of part of a lot between owners of adjacent lots for the purpose of small adjustments in boundaries. Minor lot line adjustment plans must be submitted by a professional engineer or land surveyor licensed in the state of Delaware.
Lot Consolidation - Consolidation of two (2) or more lots into one. Lot Consolidation plans must be submitted by a professional engineer or land surveyor licensed in the state of Delaware.
Administrative Variance - A request for approval of a reduction in the minimum setback area requirements for an existing building, not more than 10% of the measurement involved, or five (5) feet, whichever is greater. Variance requests for larger reductions are processed through the Board of Adjustment.
Transfer of Development Rights - a program which enables owners of certain land located outside the designated Growth Zone Overlay to sell the rights to develop their land to buyers for utilization within designated growth areas.
Certificate of Use - A request form to verify that a specific use is allowed for a property in that zoning district. This form will state the allowable use and any conditions that may apply.
Zoning District Verification - This is a request form to recieve a written statement of the zoning district for a specific parcel.
Please contact the Planning Staff at 302-744-2471, Monday though Friday, 8:00 a.m. to 5:00 p.m., for more information about these types of applications.
