City of Lewes, DE Appeals

Appeals to the Board of Adjustment, as provided for in Chapter 197, Zoning, may be taken by any person aggrieved by a decision of the Planning and Building Department relative to the revocation or denial of a rental license under this chapter. Such appeals shall be taken within 20 days by filing, with the Planning and Building Department and with the City Manager, a notice of appeal specifying therein the grounds of the appeal, along with a fee of $1,250. Within five business days following receipt of the notice of appeal, the Planning and Building Department shall transmit to the City Manager all of the papers constituting the record upon which the decision appealed from was taken. The City Manager shall transmit said notice of appeal and record to the Chairperson of the Board of Adjustment. Not later than 30 days following receipt of the notice of appeal and record by the City Manager, the Board of Adjustment Chairperson shall set a time, date, and place for the hearing of the appeal. All meetings of the Board of Adjustment shall be open to the members of the general public. The Board of Adjustment shall keep minutes and records of its proceedings, showing the evidence received at the hearing, the vote of each member upon each question considered or indicating the absence of a member or failure of a member to vote, if such was the case. In the event every question considered is decided in favor of the appellant, the fee of $1,250 shall be returned to the appellant.

An appeal under this chapter shall stay all proceedings in the action appealed from the Planning and Building Department relative to the revocation or denial of a rental license under this Chapter. The stay will expire upon the issuance of a decision by the Board of Adjustments.