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City of Lewes, DE
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (36) Index
A. 
Established. See the Code of the City of Lewes, Chapter 33, § 33-1.
B. 
Composition; qualifications; appointments. See the Code of the City of Lewes, Chapter 33, §§ 33-2 through 33-7.
C. 
Responsibilities. See the Code of the City of Lewes, Chapter 33, § 33-8.
A. 
Established.
(1) 
A Board of Adjustment is hereby established pursuant to 22 Del. C. § 321.
(2) 
It shall be known as the "Lewes Board of Adjustment" and shall be referred to as the "Board of Adjustment" in this chapter.
B. 
Organization.
(1) 
Qualifications. Pursuant to 22 Del. C. § 322(d)(1):
(a) 
Members shall be residents of the City.
(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 or a City employee.
(c) 
Members shall have knowledge of and experience with the problems of rural and urban development.
(2) 
Term of office. Pursuant to 22 Del. C. § 322(d)(2):
(a) 
Each member of the Board of Adjustment shall serve a three-year term or until a successor takes office.
(b) 
The terms shall be staggered so that generally no more than two members are appointed or reappointed each year.
(3) 
Appointments. Pursuant to 22 Del. C. § 322(d)(1):
(a) 
The Mayor shall appoint members of the Board of Adjustment.
(b) 
The Mayor and City Council shall confirm the appointments by majority vote.
(4) 
Officers. Pursuant to 22 Del. C. § 322(d)(2):
(a) 
Members shall elect a Chairperson and a Secretary from among themselves.
(b) 
Members shall elect a Vice Chairperson to assume the Chairperson's duties when the Chairperson is unable to serve.
(5) 
Vacancies. Pursuant to 22 Del. C. § 322(d)(3):
(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.
(b) 
The person appointed to complete an unexpired term shall have the same qualifications as members appointed to full terms.
(6) 
Removal. Pursuant to 22 Del. C. § 322(d)(3), the Mayor and City Council may remove a member for cause after a hearing by majority vote.
(7) 
Staff support. The Mayor and City Council may assign appropriate staff to the Board of Adjustment.
(8) 
Compensation. Members shall serve without compensation but may be reimbursed for expenses related to duties as members of the Board of Adjustment.
C. 
Responsibilities.
(1) 
Administrative review: hear and decide appeals where an error is alleged in any order, requirement, decision, determination, interpretation, or denial of an application by any administrative official in the administration or enforcement of this chapter as authorized in 22 Del. C. § 327(a)(1) and in accordance with § 197-91 of this chapter.
(2) 
Special exceptions: hear and decide special exceptions to the terms of the chapter as authorized in 22 Del. C. § 327(a)(2) and in accordance with § 197-93 of this chapter.
(3) 
Variances: authorize variance from the strict application of the provisions of this chapter as authorized in 22 Del. C. § 327(a)(3) and in accordance with § 197-92 of this chapter.
D. 
Meetings and hearings.
(1) 
Pursuant to 22 Del. C. § 323, meetings and hearings of the Board of Adjustment shall be scheduled and conducted as follows:
(a) 
Schedule. The Board of Adjustment shall hold meetings and hearings at the call of the Chairperson and as the Board may determine.
(b) 
Meetings of the Board of Adjustment shall be open to the public.
(c) 
Conduct of meetings.
[1] 
The Board of Adjustment shall adopt rules for the transaction of business.
[2] 
The Chairperson or, if the Chairperson is absent, the Acting Chairperson:
[a] 
May compel the attendance of witnesses.
[b] 
May administer oaths.
[c] 
Shall afford all parties an opportunity to be heard.
(d) 
Minutes.
[1] 
The Board of Adjustment shall keep minutes of its examinations and other official actions, including resolutions, transactions, findings, and determinations.
[2] 
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.
(e) 
Action.
[1] 
A majority of those present and voting is required to take official action.
[2] 
All official actions of the Board of Adjustment shall be in writing.
(f) 
Pursuant to 22 Del. C. § 327(b), the Board may 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 officer from whom the appeal is taken.
(g) 
Records maintenance. The Board's examinations and official actions shall be:
[1] 
A public record.
[2] 
Filed immediately in the Office of the Board of Adjustment, which shall be located in the same place as the City's official office.
(2) 
The Board of Adjustment shall adopt any additional rules of procedure as deemed necessary.
[1]
Editor's Note: Former § 197-20, Historic Preservation Commission, was repealed 2-14-2022.
[1]
Editor's Note: Former § 197-21, Commercial Architectural Review Commission, was repealed 2-14-2022.
[Amended 9-10-2018; 2-14-2022]
The City Planner shall be responsible for the administration of, interpretation of, and securing compliance with the provisions of this chapter.
A. 
Administrative responsibilities.
(1) 
Approval of conditional use applications pursuant to Article XIII.
(2) 
Establishing fees and charges from time to time.
B. 
Legislative responsibilities.
(1) 
Adopting changes to the text and map of this chapter pursuant to 22 Del. C. §§ 304 and 305.