[Amended 3-3-2008 by Ord. No. 2008-0001; 9-9-2013 by Ord. No. 2013-04; 7-1-2019 by Ord. No. 2019-005]
A. 
Pursuant to the Laws of the State of Delaware, the Town of Milton has established a Board of Adjustment. The Board of Adjustment shall consist of five members who shall be residents of the Town and who shall have knowledge of the problems of urban or suburban or rural development and who, at the time of appointment and throughout the term of office, shall not be candidates nor members of the Mayor and Town Council nor employees of the Town. The Mayor of the Town shall appoint such members of the Board of Adjustment, and all such appointments shall be confirmed by a majority vote of the elected members of the Town Council.
B. 
All appointments shall be for a period of three years. The Board of Adjustment so selected shall elect from among its own number a Chairperson and a secretary.
[Amended 1-9-2023 by Ord. No. 2022-008[1]]
[1]
Editor's Note: This ordinance also amended the title of this Art. XI from "Board of Adjustment; Conditional Uses" to its current title.
C. 
Any member of the Board of Adjustment may be removed from office by the Mayor and Town Council for cause after a hearing by a majority vote of all the elected members of the Council of the Town. A vacancy occurring otherwise than by the expiration of term shall be filled for the remainder of the unexpired term in the same manner as an original appointment.
[Amended 2-7-2022 by Ord. No. 2021-008; 1-9-2023 by Ord. No. 2022-008]
The Board of Adjustment shall have all the powers and duties prescribed by this chapter that are more particularly specified as follows:
A. 
Appeals. It shall be the responsibility of the Board of Adjustment to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, determination, or interpretation made by the Code Enforcement Officer or other Town administrative official in the enforcement of this chapter. The Board of Adjustment may, in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, determination, or interpretation appealed and may resolve the appeal in accordance with this chapter or approved regulations. The fee to file an appeal shall be established in the currently effective Town of Milton Fee Schedule. In addition, unless the appellant is the prevailing party in the appeal, the appellant shall be responsible for reimbursing the Town for expenses incurred by the Town related to the appeal for engineering fees, attorney fees, transcription fees, and any other professional fees incurred by the Town as a result of said appeal; the reimbursement responsibility shall not exceed the amount of the escrow established in the currently effective Town of Milton Fee Schedule. An appellant may file with the appeal a request to proceed in forma pauperis based on financial circumstances on a form prescribed by the Town of Milton; if the Board of Adjustment grants the request, the filing fee will be waived for the appellant, who shall also be relieved of any responsibility for reimbursing the Town for its expenses.
B. 
Variances.
(1) 
The Board of Adjustment may authorize, in specific cases, such variance from any provision of this chapter or zoning regulation that will not be contrary to the public interest where, owing to special conditions or exceptional situations, a literal interpretation of this chapter or any zoning regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of this chapter or zoning regulation shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter, zoning regulation, or map.
(2) 
Notwithstanding § 220-83B(1), the Project Coordinator of the Town may administratively grant a dimensional variance for existing conditions that do not exceed one foot of the required dimension restrictions without the application being considered by the Board of Adjustment, subject to the standards, procedures, and conditions set forth in this chapter.
A. 
All appeals and applications for variances made to the Board of Adjustment shall be in writing, on forms prescribed by said Board and accompanied by a fee as established in the currently effective Town of Milton Fee Schedule. Each appeal or variance shall have a separate completed application form and attachments. Only one fee is required for all appeals or variance applications submitted at the same date and time for the same property.
[Amended 1-9-2023 by Ord. No. 2022-008]
B. 
Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed, or the details of the variance that is applied for, and the grounds on which it is claimed that the variance should be granted, as the case may be.
C. 
The Board of Adjustment shall hold a public hearing on appeals and variances within 60 days after receipt and give due notice of such public hearing by advertising in newspaper with local circulation at least 10 days prior to the date scheduled for the public hearing.
[Amended 1-9-2023 by Ord. No. 2022-008]
D. 
Notices.
[Amended 1-9-2023 by Ord. No. 2022-008]
(1) 
The applicant shall mail notices of such public hearings to the owners or occupants of all lands within a radius of 200 feet from all boundary lines of the property for which the hearing is being requested. The Town will provide the applicant with the required information to be included in the notification letter. Such notices shall be mailed certified and postmarked at least 10 days prior to the date scheduled for the public hearing. A list of properties mailed to, copies of proof of mailings and return receipts shall be provided to the Code Enforcement Officer five days prior to the public hearing.
(2) 
In addition to any public notice required by this article, the Town Manager shall cause to be posted at one or more prominent and easily visible places on the property that is the subject of the appeal or variance application, on an eighteen-inch by twenty-four-inch placard, a public notice setting forth the date and time at which the Board of Adjustment has scheduled a the public hearing on the appeal or variance application; the name of the applicant; a description and size of the property involved; and a statement, in plain language, of the matter involved. One such notice sign shall be posted for each street where said property fronts. It shall be the responsibility of the applicant to maintain the notice signs in good condition during the posting period. Said notice signage shall be posted at least 10 days prior to the meeting date of the public hearing.
E. 
Copies of the appeal or application document shall be delivered to the members of the Board of Adjustment. The Board of Adjustment shall meet within 60 days of the date of filing the appeal or application to conduct the required hearing and review the matter.
F. 
The Board of Adjustment shall decide on appeals and on other matters referred to it within 60 days after final public hearing.
G. 
Every decision of the Board of Adjustment shall be by resolution, each of which shall contain a full record of said Board in the particular case.
H. 
The Board of Adjustment shall have no power to vary or modify the application of the provisions and requirements of the Delaware State Fire Prevention Regulations or Building Code adopted by Sussex County.
I. 
Appeals from Board of Adjustment findings shall be in accordance with 22 Del. C. § 328.
[Amended 1-9-2023 by Ord. No. 2022-008]
A. 
Meetings open to the public. All meetings of the Board of Adjustment shall be open to the public.
B. 
Minutes of meetings. Such Board shall keep minutes of each of its meetings that it shall at its next meeting certify as accurate and that describe the factors considered by the Board in reaching its decision and that show the vote of each member on every application to the Board.
C. 
Each member present at any meeting of the Board shall have a vote on every question brought before the Board for its consideration. If a member is absent or abstains from voting the minutes shall indicate such fact.
D. 
Quorum and majority vote. A majority vote of the Board shall constitute a quorum and a majority vote on any matter upon which said Board is required to pass under the provisions of this chapter. A split vote shall constitute a denial of the application.
E. 
Additional procedures and bylaws. The Board of Adjustment shall have the power to make, adopt, and promulgate such additional written rules of procedure and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter.