29 Del. C. § 9223: By-right residential uses.

(a) For purposes of this section:

(1) “By-right” means a use identified as a permitted use within a zoning district under a local zoning ordinance that complies with all applicable objective standards and requirements and does not require a rezoning, conditional use permit, special exception, or variance.

(2) “Objective standards” means standards that are measurable, uniformly applicable, and not subject to discretionary personal judgment.

(b) A residential development application for a use that is permitted by-right under the zoning ordinance of a local jurisdiction shall be reviewed through an administrative review and approval process.

(c) Nothing in this section prohibits a local jurisdiction from requiring review or approval by a planning commission, planning board, or other administrative body, provided the review is limited to determining compliance with applicable objective standards.

(d) A local jurisdiction may hold a public meeting for a residential development application described in subsection (b) of this section. Any ordinances or regulations adopted to govern a public meeting held under this subsection must provide for a public meeting that meets all of the following criteria:

(1) Does not constitute and is not conducted as a public hearing.

(2) Is limited to determining compliance with applicable objective standards and requirements.

(3) May allow for public comment, provided all such comment is made only through written submission.

(e) This section supersedes any inconsistent public hearing requirements applicable to a residential development application described in subsection (b) of this section, including public hearing requirements in §§ 4811, 6810, 6811, and 6812 of Title 9. This section does not impact hearings required in conjunction with Board of Adjustment appeals.