Variance Decisions in New Castle County

A variance is an authorized departure from the strict requirements of a zoning ordinance. Rather than changing the underlying zoning classification (which is what rezoning does), a variance allows a property owner to deviate from specific rules - like setback distances, building height limits, lot coverage ratios, or parking requirements - while keeping the same zoning designation. ZoneWire tracks variance activity across New Castle County, DE public meetings.

ZoneWire monitors New Castle County, DE planning and council meetings, transcribes them, and flags variance activity. As of the latest update we have analyzed 1 meetings and detected 1 variance mentions.

Tracking variance in New Castle County surfaces zoning and development signals early, so developers, investors, and brokers can evaluate parcels and approvals before they reach the broader market.

Zoning and land development in the unincorporated areas of New Castle County are governed by the Unified Development Code (UDC), which is Chapter 40 of the New Castle County Code. The UDC establishes standards, procedures, and minimum requirements consistent with the county's Comprehensive Development Plan, and it regulates zoning districts, real estate development, the subdivision of land, and the use, bulk, design, and location of land and buildings. The Department of Land Use administers the code and can be reached at 302-395-5400.

The Planning Board, a nine-member board mandated by state law, reviews zoning changes, subdivision regulations, deed restrictions, and the Comprehensive Development Plan, and issues recommendations on rezoning applications. Zoning changes ultimately require County Council approval. Proposed Major Land Development Plans go through required public hearings that at minimum include State of Delaware PLUS (Preliminary Land Use Service) review, a Planning Board public hearing, the County Council Land Use Committee, and a County Council public hearing.

The Planning Board holds public hearings on the first Tuesday of each month beginning at 7 p.m., and business meetings on the third Tuesday of each month beginning at 9 a.m. Meetings are held in the New Castle Room of the Government Center Building at 87 Reads Way, New Castle, DE 19720, and may also be attended virtually via Zoom Webinar. Public comment is welcome at public hearings, but there is no public comment on specific applications during business meetings.

Requests for variances, special exceptions, and appeals of Department of Land Use decisions interpreting the UDC are heard by the Board of Adjustment, whose authority derives from Delaware Title 9, sections 1311-1314 and New Castle County Code 40.30.320. A variance allows relief from zoning regulations, generally requiring the applicant to show an unnecessary hardship. The Board of Adjustment meets on the second and fourth Thursday of the month, with hearings beginning at 6:00 p.m., held as virtual Zoom meetings with in-person attendance available in the New Castle Room at Government Center, 87 Reads Way.

You can obtain a Zoning Certification from the Department of Land Use by submitting a Zoning Certification Request form. The certification verifies the zoning district(s) for the subject parcel(s) and confirms whether a proposed use is permitted. General questions about the plan review process, permits, and Certificates of Use/Occupancy can be directed to the Department of Land Use at 302-395-5400; the department is located at 87 Reads Way, New Castle, DE 19720.

Yes. ZoneWire Free sends New Meeting Alerts for New Castle County at no cost, with the agenda for each meeting. ZoneWire Pro adds full transcripts, zoning and development analysis, and keyword alerts for $129 per market per month.