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.
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:
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.
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.
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.”
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]
Nothing in the act or in this chapter shall
be construed to restrict the right of any party to obtain a review
by any court of competent jurisdiction according to law.