A.
The Board of Adjustment shall be composed of five
members, who shall be residents of the City of Rehoboth Beach, with
knowledge of the problems of urban and rural development, appointed
by the Mayor and confirmed by a majority of all the Commissioners
of Rehoboth Beach.
B.
No member of the Board of Adjustment at the time of
appointment and throughout the term of office shall be a candidate
for Mayor or Commissioner, nor shall any member of the Board of Adjustment
be the Mayor or a Commissioner of Rehoboth Beach.
C.
Each member of the Board of Adjustment shall be appointed
for a term of three years; provided, however, that, upon the original
appointments, two members shall be appointed for terms of one year,
two members for terms of two years and one member for a term of three
years. Any member of the Board of Adjustment may be reappointed for
an additional term of three years.
D.
Any member of the Board of Adjustment may be removed
from office for cause after a hearing by majority vote of all the
Commissioners of Rehoboth Beach.
E.
A vacancy occurring other than by expiration of term
shall be filled for the remainder of the unexpired term in the same
manner as an original appointment.
Appeals to the Board of Adjustment may be taken
by any person aggrieved or by any officer, department, board or bureau
of the City affected by any decision of the Building Inspector. Such
appeal shall be taken within a reasonable time as provided by the
rules of the Board of Adjustment by filing, with the Building Inspector
from whom the appeal is taken and with the Board of Adjustment, a
notice of appeal specifying the grounds thereof. The Building Inspector
from whom the appeal is taken shall forthwith transmit to the Board
of Adjustment all the papers constituting the record upon which the
action appeal was taken from.
An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the Building Inspector from whom
the appeal is taken certifies to the Board of Adjustment after the
notice of appeal shall have been filed with him that, by reason of
facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. In such case proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by a court record on application or
notice to the Building Inspector from whom the appeal is taken and
on due cause shown.
[Amended 9-17-2007 by Ord. No. 0907-01]
A.
The Board of Adjustment shall fix a reasonable time
for the hearing of the appeal, request for special exception, variance,
or change in nonconforming use, give public notice thereof, as well
as due notice to the parties in interest, and decide the same within
a reasonable time after receiving an application submitted in paper
form and in digital format acceptable to the City. Upon the hearing
any party may appear in person, by agent or by attorney.
[Amended 4-16-2021 by Ord. No. 0421-01]
B.
At least 15 days’ notice of the time and place
of the hearing shall be published in a newspaper of general circulation
in the City. Further, at least 15 days’ notice of the time and
place of the hearing shall be sent to all City property owners whose
boundaries are within 200 feet of the boundaries of the property which
is the subject of the hearing. Such notice shall be sent by first
class United States Mail to the last known address to which the City’s
tax bills are sent, said mailing to be done by the City.
C.
In addition to any public notice required by this
article, the City Manager shall cause to be posted at one or more
prominent and easily visible places on the property which is the subject
of the hearing, on eighteen-inch by twenty-four-inch yellow cardboard,
a public notice setting forth the date and time at which the Board
of Adjustment has scheduled the hearing, the name of the party who
has requested the hearing, the application number assigned to the
hearing request, a description of the property involved, and a statement,
in plain language, of the nature of the matter involved. The notice
shall also list the address and telephone number of the City’s
Building and Licensing Department for interested parties seeking further
information on the hearing. One such notice sign shall be posted for
each street and/or boardwalk on which said property fronts. It shall
be the responsibility of the party who has requested the hearing,
and not the responsibility of the City, to maintain the notice signs
in good condition during the posting period. Said notice sign or signs
shall be posted at least 15 days prior to the hearing and shall remain
posted until the Board of Adjustment has taken a final action upon
the requested hearing.
The Board of Adjustment shall have the following
powers:
A.
To hear and decide appeals where it is alleged that
there is error in any order, requirement, decision or determination
made by the Building Inspector in the enforcement of this chapter
or by any ordinance supplemental hereof.
B.
To hear and decide special exceptions to the terms
of the ordinance upon which such Board is required to pass under such
ordinance.
C.
To authorize, in specific cases, such variance from
any zoning ordinance, code or regulation that will not be contrary
to the public interest, where, owing to special conditions or exceptional
situations, a literal interpretation of any zoning ordinances, code
or regulation will result in unnecessary hardship or exceptional practical
difficulties to the owner of property so that the spirit of the ordinance,
code or regulation shall be observed and substantial justice done,
provided that such relief may be granted without substantially impairing
the intent and purpose of any zoning ordinance, code, regulation or
map.
D.
To authorize changes from one nonconforming use to
another nonconforming use.
In exercising its powers, the Board of Adjustment,
in conformity with law, may reverse or affirm, wholly or in part,
or may modify the order, requirement, decision or determination as
ought to be made. To that end the Board shall have all the powers
of the Building Inspector from whom the appeal is taken.
The Board of Adjustment shall adopt rules as
to the manner and time of filing appeals and applications for special
exceptions, for a variance from the terms of this chapter, for the
conducting of hearings and for the giving of such notice or notices
as may be required or deemed advisable by the Board. All of the rules
and regulations shall conform with the requirements of this chapter
and the law on that behalf.
[Amended 6-19-2009 by Ord. No. 0609-01; 4-21-2023 by Ord. No. 0423-01]
A.
If a proposed
use or development requires site plan approval, unless otherwise specified
by the Board of Adjustment, a special exception or variance shall
expire if the applicant fails to:
B.
If a proposed
use or development does not require site plan approval, unless otherwise
specified by the Board of Adjustment, a special exception or variance
shall expire if the applicant fails to obtain a demolition permit
or building permit or fails to change the use, as the case may be,
within six months from the date of authorization thereof.
C.
The Board
of Adjustment may grant one extension of a time period referenced
in this section for up to three months based on good cause.
A.
All fees and charges shall be as established from
time to time by the Commissioners of Rehoboth Beach for:
(1)
Each application for an appeal, exception or variance.
(2)
Each filing of a request for Board of Adjustment certificate,
or duplicate thereof, issued under authority of this chapter.
(3)
Each certified statement of district classification
of any property or compliance of any property with the provisions
of this chapter.
B.
All fees and charges shall be paid in advance.
A.
Meetings of the Board of Adjustment shall be held
as called for in the rules of procedure of the Board. All meetings
of the Board shall be open to the public.
B.
The Chairman of the Board or, in his absence, the
Acting Chairman may administer oaths and compel the attendance of
witnesses.
C.
The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question or, if absent or failing
to vote, indicting such fact, and shall keep records of its examinations
and other official actions, all of which shall be immediately filed
in the office of the Board and shall be public record.
