Town of Ocean View, DE Article II Administrative Responsibilities

§ 140-17 Planning and Zoning Commission.

A. Continuation. Pursuant to Title 22, Section 701(a), of the Delaware Code, the Town shall continue to maintain a Planning and Zoning Commission.

B. Organization.

(1) Members. The Planning and Zoning Commission shall consist of five members.

(2) Qualifications.

(a) Members shall be residents of the Town.

(b) No voting member shall be a candidate for, a candidate-elect to, or incumbent in any elected political office, a Town employee, or a member of the Board of Adjustment at the time of appointment and throughout the term of office.

(c) All members shall meet the following qualifications:

[1] Have knowledge of and experience with the problems of rural and urban development; and

[2] Be familiar with the Comprehensive Plan, this chapter, and other development related laws, regulations, and policies.

(3) Term of office.

(a) Pursuant to Title 22, Section 701, of the Delaware Code each member shall serve a five-year term or until a successor takes office.

(b) The terms shall be staggered so that generally only one member is appointed or reappointed each year.

(4) Appointments. Pursuant to Title 22, Section 701, of the Delaware Code, the Mayor shall appoint members of the Planning and Zoning Commission, subject to confirmation by a majority of the Town Council.

(5) Chairperson and Secretary. Pursuant to Title 22, Section 701, of the Delaware Code, members shall elect annually a Chairperson and a Secretary from among themselves.

(6) Vacancies. Pursuant to Title 22, Section 701, of the Delaware Code, a vacancy occurring prior to the expiration of a term shall be filled in the same manner as a member appointed to a full term.

(7) Removal. Pursuant to Title 22, Section 701, of the Delaware Code, the Council may remove a member for cause by majority vote after a hearing.

(8) Compensation. Members may be compensated as determined by Town Council.

C. Powers and duties.

(1) Preparation of a Comprehensive Plan for the Town as directed in Title 22, Section 702(a), of the Delaware Code.

(2) Other duties set forth in state law.

(3) Plans, studies, reviews, and recommendations on land use and development related matters as requested or assigned.

D. Conduct of meetings. The Planning and Zoning Commission shall adopt rules of procedure for the conduct of meetings

§ 140-18 Board of Adjustment.

A. Continuation. Pursuant to Title 22, Section 321, of the Delaware Code, the Town shall continue to maintain a Board of Adjustment.

B. Organization.

(1) Number of members. Pursuant to Title 22, Section 322, of the Delaware Code, the Board of Adjustment shall consist of five members.

(2) Qualifications. Pursuant to Title 22, Section 322(d)(1), of the Delaware Code:

(a) Members shall be residents of the Town;

(b) At the time of appointment and throughout the term of office, a member shall not be a candidate for, a candidate-elect to, or incumbent in any elected political office, a Town employee, or a member of the Planning and Zoning Commission at the time of appointment and throughout the term of office; and

(c) Members shall have knowledge of and experience with the problems of rural and urban development.

(3) Term of office. Pursuant to Title 22, Section 322(d)(2), of the Delaware Code:

(a) Each member of the Board of Adjustment shall serve a three-year term; and

[Amended 4-12-2011 by Ord. No. 274]

(b) The terms shall be staggered so that generally no more than two members appointed or reappointed each year.

(4) Appointments. Pursuant to Title 22, Section 322(d)(1), of the Delaware Code:

(a) The Mayor shall appoint members of the Board of Adjustment; and

(b) The Town Council must confirm the appointments by majority vote before the appointment is valid.

(5) Officers.

(a) Pursuant to Title 22, Section 322(d)(2), of the Delaware Code, members shall elect a Chairperson and a Secretary from among themselves.

(b) Members shall designate a member to assume the Chairperson's duties when the Chairperson is unable to serve.

(6) Vacancies. Pursuant to Title 22, Section 322(d)(2), of the Delaware Code:

(a) A vacancy occurring prior to the expiration of a term shall be filled for the remainder of the unexpired term in the same manner as a member appointed to a full term; and

(b) The person appointed to complete an unexpired term shall have the same qualifications as members appointed to full terms.

(7) Removal. Pursuant to Title 22, Section 322(d)(3), of the Delaware Code, the Town Council may remove a member for just cause after a hearing by majority vote.

(8) Compensation. Members may be compensated as determined by Town Council.

C. Responsibilities.

(1) Administrative appeals: hear and decide appeals where an error is alleged in any order, requirement, decision, determination, interpretation, or denial of an application by the Administrative Official regarding the administration or enforcement of this chapter as authorized in Title 22, Section 327, of the Delaware Code.

(2) Special exceptions: hear and decide special exceptions as authorized in Title 22, Section 327, of the Delaware Code.

(3) Variances: authorize variance from the strict application of the provisions of this chapter as authorized in Title 22, Section 327, of the Delaware Code.

(4) Boundary determinations: interpret zoning district boundaries pursuant to § 140-9.

(5) Beneficial use appeals: hear and decide applications for beneficial use appeals pursuant to § 140-107.

(6) Vested rights exemptions: hear and decide applications from any person, entity, owner or equitable owner of property not otherwise exempted from the requirements of this chapter, who asserts a vested right to continue development under the ordinances, regulations, laws, policies, standards, or fee structures in place immediately before the adoption of this chapter or any amendment thereto pursuant to the standards in Article I, § 140-11D.

(7) Other duties as set forth in the Town Charter, this chapter, or Title 22, Chapter 3, of the Delaware Code relating to Boards of Adjustment.

D. Meetings and hearings. Pursuant to Title 22, Section 323, of the Delaware Code, meetings and hearings of the Board of Adjustment shall be scheduled and conducted as follows:

(1) Schedule. The Board of Adjustment shall hold meetings and hearings at the call of the Chairperson and as the Board's workload warrants.

(2) Conduct of meetings.

(a) The Board of Adjustment shall adopt rules for the transaction of business.

(b) The deliberations of the Board of Adjustment shall be open to the public.

(c) The Chairperson, or if the Chairperson is absent, the acting Chairperson:

[1] May compel the attendance of witnesses.

[2] May administer oaths.

[3] Shall afford all parties an opportunity to be heard.

(3) Minutes.

(a) The Board of Adjustment shall keep minutes of its examinations and other official actions, including resolutions, transactions, findings, and determinations.

(b) All meetings of the Board of Adjustment shall be recorded. The recordings shall be maintained in the Office of the Board of Adjustment for at least one year following the date of the meeting.

(c) The minutes shall record the vote of each member on each item considered by the Board of Adjustment. The minutes shall also record when a member is absent or fails to vote on any item.

(4) Action.

(a) A quorum shall consist of at least three members of the Board of Adjustment.

(b) Three affirmative votes are required to take official action.

(c) A tie vote shall constitute denial of any application, appeal, interpretation, etc.

(d) All official actions of the Board of Adjustment shall be in writing.

(5) Pursuant to Title 22, Section 323, of the Delaware Code, all records of the Board's examinations, minutes, and official actions shall be filed promptly in the office of the Board of Adjustment and shall be a public record.