Town of Bethany Beach, DE Appeals

If any person shall be aggrieved by the action of the Planning and Zoning Commission,[1] appeal, in writing, to the Town Council of the Town of Bethany Beach must be filed within 10 days after the date of the action of the Planning and Zoning Commission. A hearing thereon shall be held by the Town Council, and all parties shall be afforded an opportunity to be heard. After such hearing, the Town Council of the Town of Bethany Beach may affirm or reverse the action of the Planning and Zoning Commission by a recorded vote of a majority of the total members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of the Town Council of the Town of Bethany Beach. All affected parties shall receive the facts and reasons from the Town Council via first-class U.S. Mail.

[Amended 3-16-2007 by Ord. No. 422]

[1]

Editor's Note: Ordinance No. 527, adopted 11-18-2016, established the Planning and Zoning Commission. Pursuant to this ordinance, references throughout the Code to the “Planning Commission” have been revised to the “Planning and Zoning Commission.”

Public notice of the appeal hearing before the Town Council shall be provided as otherwise required for subdivision approvals under § 410-17 of this chapter; provided, however, that:

[Added 8-19-1988 by Ord. No. 206]

(1)

The thirty-day time limit for newspaper publication and the time limit for notice by mail, public posting and posting on the property shall be shortened to 15 days.

(2)

In addition to notice by mail to property owners within 200 feet, mailed notice shall also be sent to any person who appeared before the Planning and Zoning Commission[2] and requested to be placed on the notice list for that proceeding.

[2]

(3)

All cost related to appealing the ruling of the Planning and Zoning Commission would be the responsibility of a grieved party.

[Added 3-16-2007 by Ord. No. 422]