Appeals of this chapter shall be heard by the Board of Adjustment as appointed under § 197-19.
Appeals pursuant to this chapter shall be taken to the Board of Adjustment as established and constituted in this chapter.
Any three members of the Board shall constitute a quorum. In reversing or modifying the action of the Building Official or of an application of the provisions of this chapter, an affirmative vote of a majority of all members of the Board shall be required. A member of the Board of Adjustment shall not hear an appeal in which that member has a personal, professional, or financial interest.
Appeals to the Board may be taken by any person aggrieved by a decision of the Building Official relative to the application and interpretation of this chapter. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted within this chapter have been incorrectly interpreted, the provisions do not fully apply, or an equally good or better form of construction is proposed. The Board of Adjustment shall have no authority to waive the requirements of this chapter, or the rules legally adopted within this chapter. Such an appeal shall be taken within 20 days of the decision by the Building Official by filing, with the Building Official and with the City Manager of the City of Lewes, 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 Building Official shall transmit to the City Manager of the City of Lewes or their designee all of the papers constituting the record upon which the decision appealed from was taken. The City Manager or their designee 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 Chairperson shall set a time, date, and place for the hearing of the appeal. All meetings of the Board shall be open to the members of the general public. The Board 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.
The Board shall adopt rules of procedure in order to carry out the intent of this chapter. The Board Chairperson or, in his or her absence or disqualification, the Vice Chairperson, or their designee shall administer oaths. Meetings of the Board shall be at the call of the Chairperson or, in his or her absence or disqualification, the Vice Chairperson. The Board shall appoint a qualified Clerk to serve as Secretary to the Board. The Secretary shall file a detailed record of all proceedings in the office of the City Manager.
An appeal under this chapter shall stay all proceedings in the action appealed from unless the Building Official certifies under oath to the Board within five business days after the notice of appeal has been filed that, because of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. If such a certificate is filed, proceedings shall not be stayed unless a restraining order is granted by the Board or by a court of competent jurisdiction on application and on due cause shown.
All decisions of the Board shall be in writing and shall be reached without unreasonable or unnecessary delay. The Board shall send a copy of its decision specifying the reasons therefor to the appellant.