[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. Created; name. A Board of Adjustment is hereby created. This Board shall be known as the "Town of Frankford Board of Adjustment."
B. Members. The Board shall consist of three members with terms of office and qualifications as set forth in 22 Del. C. § 322, which shall have the powers therein defined and conferred.
C. Powers and duties.
(1) The Board's powers and duties shall be those set forth in Title 22, Chapter 3, Subchapter II, of the Delaware Code.
(2) Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrator in the administration of this chapter.
(3) Special exceptions exist in order to provide for adjustments in the relative location of uses and buildings, to promote the usefulness of these regulations and to supply the necessary elasticity to the efficient operation of these regulations. Special use exceptions, limited as to locations and terms described in this chapter as special yard and height exceptions as are permitted by the terms of this chapter, may be permitted if the Board of Adjustment finds that, as a matter of fact, such exceptions will not substantially affect adversely the uses of the adjacent and neighboring property. The Board of Adjustment may add such additions, conditions and safeguards as are appropriate under the general intent of this chapter or deny special exceptions when the particular use or structure cannot be accommodated to a particular site without violating the intent of this code.
(4) Hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass pursuant to the terms of this chapter.
(5) Authorize, in specific cases, such variance from any zoning ordinance, code or regulation that will not be contrary to the public interest, where, owing to special conditions or exceptional situations, a literal interpretation of any zoning ordinance, code or regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance or 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 any zoning ordinance, code, regulation or map.
(6) In exercising the powers conferred by this section, the Board of Adjustment may, in compliance with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the official from whom the appeal is taken.
D. Meetings and hearings. The Board shall conduct meetings and hearings in accordance with 22 Del. C. § 323.
E. Fees. A filing fee shall accompany each appeal or application to the Board of Adjustment in such amount as may be determined by Town Council.