TITLE 9

Counties

Sussex County

CHAPTER 63. BUILDING PERMITS


As used in this chapter:

(1) "Building" means any structure, building, edifice or part thereof.

(2) "Construction" means alteration, removal, demolition, addition, repair or construction of any new or old building.

(3) "Person" means any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual.

9 Del. C. 1953, § 6301; 51 Del. Laws, c. 231; 57 Del. Laws, c. 762, § 6A.;

(a) No person shall construct or commence the construction of a building without first filing with the Department of Finance an application in writing for such construction and obtaining a permit therefor. Such application shall be made on forms prescribed by the Department of Finance and shall contain such information as the Department of Finance shall prescribe.

(b) Permits shall be issued only to contractors, the owner of any building necessary to the operation of farm lands, the owner of property located in any incorporated city or town in Sussex County, or any owner of property desiring to do his or her own work or labor about his or her own building.

(c) Except in instances in which the Department of Transportation has indicated authorization for temporary use of land set aside for future right-of-way needs, as provided in § 145 of Title 17, no permit shall be issued for the erection of any building or for the construction of any improvement or structure on any part of any land which lies or is located within the lines of any land designated and set aside for future highway right-of-way needs as appears on the Department's Future Right-of-Way Map — Final except as hereafter provided in subsection (d) of this section.

(d) A building permit, otherwise issuable except for subsection (c) of this section, shall be issued notwithstanding the provisions of subsection (c) of this section unless the Department of Transportation, after being given written notice thereof by the Commission shall:

(1) Within 60 days of receipt of such notice, file with the County a declaration that:

a. The issuance of said permit will be detrimental to future highway planning and construction; and

b. The land described in said permit application is needed for future highway purposes; and

(2) Within 180 days of the giving of such notice, institute condemnation proceedings under Chapter 61 of Title 10, to acquire all of the land described in said building permit application as may be located within said future highway right-of-way.

(e) A building permit shall be required for the construction, erection, placement or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real property which:

(1) Is greater than 200 feet in height above ground level;

(2) Is greater in height than an imaginary surface extending outward and upward at a slope of 100:1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each public use airport in the State;

(3) Is located within 3,000 feet of the nearest point of the nearest runway of each public use airport in the State; or

(4) Otherwise acts as an obstruction to the operation of aircraft as those terms are defined in Chapter 6 of Title 2 or by Federal Aviation Regulations (FAR) Part 77 [14 C.F.R. Part 77].

(f) Such building permit for each such object or structure will not be issued until such time as the Department through the Office of Aeronautics has approved the application.

(g) No such permit shall be issued to a nonresident person engaging in business as a contractor, as defined in Chapter 25 of Title 30, in Sussex County until the Department of Finance is satisfied that § 2502(b) of Title 30 has been complied with to the extent applicable.

9 Del. C. 1953, § 6302; 51 Del. Laws, c. 231; 57 Del. Laws, c. 754, §§ 7, 8; 57 Del. Laws, c. 762, § 6B; 60 Del. Laws, c. 293, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 575, § 21.;

Building inspectors or other officers authorized by law to issue permits for the construction of any buildings, in any incorporated city or town in Sussex County, shall report to the Department of Finance on blanks to be furnished by the Department of Finance, every permit issued by them respectively, for the construction of any building, specifying the estimated cost of the proposed construction.

9 Del. C. 1953, § 6303; 51 Del. Laws, c. 231; 57 Del. Laws, c. 762, § 6B.;

Each or any member of the Department of Finance shall make the necessary inspections to see that the provisions of this chapter are complied with and may order or compel the suspension of any work that is not in compliance with this chapter.

9 Del. C. 1953, § 6304; 51 Del. Laws, c. 231; 57 Del. Laws, c. 762, § 6B.;

The fees for issuing permits shall be determined by the County Council of Sussex County.

9 Del. C. 1953, § 6305; 51 Del. Laws, c. 231; 57 Del. Laws, c. 762, § 6B; 64 Del. Laws, c. 65, § 1.;

(a) The Department of Finance shall keep a careful and comprehensive record of applications, permits issued, inspections made, reports rendered and of notices or orders issued.

(b) The Department of Finance shall retain on file copies of all permits issued.

(c) All records may be open to public inspection at the discretion of the Department of Finance, but shall not be removed from the office of the Department.

9 Del. C. 1953, § 6306; 51 Del. Laws, c. 231; 57 Del. Laws, c. 762, § 6B.;

No person shall be required to obtain a permit when the fair value of the construction of a building is less than $300.

9 Del. C. 1953, § 6307; 51 Del. Laws, c. 231.;

(a) Whenever the Department of Finance is satisfied that a building is being constructed without a permit first being issued therefor, it may serve a written notice or order upon the person responsible therefor, directing discontinuance of the construction until a permit has been obtained from the Department.

(b) A person served with such notice or order shall, within 5 days, comply with the requirements thereof.

9 Del. C. 1953, § 6308; 51 Del. Laws, c. 231; 57 Del. Laws, c. 762, § 6B.;

Any building that has been constructed without a permit may not be occupied, maintained or used by any person except with permission of the Department of Finance.

9 Del. C. 1953, § 6309; 51 Del. Laws, c. 231; 57 Del. Laws, c. 762, § 6B.;

Any owner of a building wherein any work in connection therewith has been done without a permit or any person employed in connection therewith and who has participated or assisted in the commission of such violation or both, shall be fined not less than $50 nor more than $200 for each offense.

9 Del. C. 1953, § 6310; 51 Del. Laws, c. 231.;

No building or structure shall be constructed using public financial assistance in a manner that violates Chapter 42 of Title 31, and no occupancy or use permit shall be issued unless such building or structure complies with Chapter 42 of Title 31.

78 Del. Laws, c. 368, § 3.;