A. 
The Board of Adjustment shall be composed of five members, who shall be residents of the City of Rehoboth Beach, with knowledge of the problems of urban and rural development, appointed by the Mayor and confirmed by a majority of all the Commissioners of Rehoboth Beach.
B. 
No member of the Board of Adjustment at the time of appointment and throughout the term of office shall be a candidate for Mayor or Commissioner, nor shall any member of the Board of Adjustment be the Mayor or a Commissioner of Rehoboth Beach.
C. 
Each member of the Board of Adjustment shall be appointed for a term of three years; provided, however, that, upon the original appointments, two members shall be appointed for terms of one year, two members for terms of two years and one member for a term of three years. Any member of the Board of Adjustment may be reappointed for an additional term of three years.
D. 
Any member of the Board of Adjustment may be removed from office for cause after a hearing by majority vote of all the Commissioners of Rehoboth Beach.
E. 
A vacancy occurring other than by expiration of term shall be filled for the remainder of the unexpired term in the same manner as an original appointment.
Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Building Inspector. Such appeal shall be taken within a reasonable time as provided by the rules of the Board of Adjustment by filing, with the Building Inspector from whom the appeal is taken and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The Building Inspector from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appeal was taken from.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court record on application or notice to the Building Inspector from whom the appeal is taken and on due cause shown.
[Amended 9-17-2007 by Ord. No. 0907-01]
A. 
The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, request for special exception, variance, or change in nonconforming use, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time after receiving an application submitted in paper form and in digital format acceptable to the City. Upon the hearing any party may appear in person, by agent or by attorney.
[Amended 4-16-2021 by Ord. No. 0421-01]
B. 
At least 15 days’ notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City. Further, at least 15 days’ notice of the time and place of the hearing shall be sent to all City property owners whose boundaries are within 200 feet of the boundaries of the property which is the subject of the hearing. Such notice shall be sent by first class United States Mail to the last known address to which the City’s tax bills are sent, said mailing to be done by the City.
C. 
In addition to any public notice required by this article, the City Manager shall cause to be posted at one or more prominent and easily visible places on the property which is the subject of the hearing, on eighteen-inch by twenty-four-inch yellow cardboard, a public notice setting forth the date and time at which the Board of Adjustment has scheduled the hearing, the name of the party who has requested the hearing, the application number assigned to the hearing request, a description of the property involved, and a statement, in plain language, of the nature of the matter involved. The notice shall also list the address and telephone number of the City’s Building and Licensing Department for interested parties seeking further information on the hearing. One such notice sign shall be posted for each street and/or boardwalk on which said property fronts. It shall be the responsibility of the party who has requested the hearing, and not the responsibility of the City, to maintain the notice signs in good condition during the posting period. Said notice sign or signs shall be posted at least 15 days prior to the hearing and shall remain posted until the Board of Adjustment has taken a final action upon the requested hearing.
The Board of Adjustment shall have the following powers:
A. 
To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this chapter or by any ordinance supplemental hereof.
B. 
To hear and decide special exceptions to the terms of the ordinance upon which such Board is required to pass under such ordinance.
C. 
To 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 ordinances, code or regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code or regulation shall be observed and substantial justice done, provided that such relief may be granted without substantially impairing the intent and purpose of any zoning ordinance, code, regulation or map.
D. 
To authorize changes from one nonconforming use to another nonconforming use.
In exercising its powers, the Board of Adjustment, in conformity with law, may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made. To that end the Board shall have all the powers of the Building Inspector from whom the appeal is taken.
The Board of Adjustment shall adopt rules as to the manner and time of filing appeals and applications for special exceptions, for a variance from the terms of this chapter, for the conducting of hearings and for the giving of such notice or notices as may be required or deemed advisable by the Board. All of the rules and regulations shall conform with the requirements of this chapter and the law on that behalf.
[Amended 6-19-2009 by Ord. No. 0609-01; 4-21-2023 by Ord. No. 0423-01]
A. 
If a proposed use or development requires site plan approval, unless otherwise specified by the Board of Adjustment, a special exception or variance shall expire if the applicant fails to:
(1) 
Apply for site plan review within 45 days of the authorization of the special exception or variance; or
(2) 
Obtain a demolition permit or building permit or fails to change the use, as the case may be, within six months from the date of final site plan approval.
B. 
If a proposed use or development does not require site plan approval, unless otherwise specified by the Board of Adjustment, a special exception or variance shall expire if the applicant fails to obtain a demolition permit or building permit or fails to change the use, as the case may be, within six months from the date of authorization thereof.
C. 
The Board of Adjustment may grant one extension of a time period referenced in this section for up to three months based on good cause.
A. 
All fees and charges shall be as established from time to time by the Commissioners of Rehoboth Beach for:
(1) 
Each application for an appeal, exception or variance.
(2) 
Each filing of a request for Board of Adjustment certificate, or duplicate thereof, issued under authority of this chapter.
(3) 
Each certified statement of district classification of any property or compliance of any property with the provisions of this chapter.
B. 
All fees and charges shall be paid in advance.
A. 
Meetings of the Board of Adjustment shall be held as called for in the rules of procedure of the Board. All meetings of the Board shall be open to the public.
B. 
The Chairman of the Board or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.
C. 
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicting such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record.