[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]]
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.
