Whenever the literal application of the requirements of this chapter would appear to cause undue hardship on an owner or tenant or when it is claimed that the true intent and meaning of this chapter or of any regulation therein has been misconstrued or wrongly interpreted, the owner of such building or structure or his duly authorized agent may appeal the decision of the Building Inspector to the Board of Adjustments and Appeals as set forth herein.
A. 
There is hereby created a Board of Adjustments and Appeals which shall consist of five members appointed by the Mayor of the Town of Millsboro. The members of the Board of Adjustments and Appeals shall be residents and property owners of the Town of Millsboro. Members of the Board shall be appointed for four-year terms, except on the initial appointment, two members shall be appointed for two years, two for three years, and one for four years. Any one or more of the members of said Board shall be subject to removal or replacement by the Mayor at any time for cause of stated charges after a public hearing before the Town Council, and a vacancy on said Board shall be filled by the Mayor for the unexpired term of such vacancy. All members of the Board of Adjustments and Appeals shall serve without compensation.
B. 
The Board of Adjustments and Appeals shall meet upon its appointment and organize by electing a Chairman and Secretary from its own number.
C. 
The duties of the Board of Adjustments and Appeals shall be as follows:
(1) 
To consider and determine appeals whenever it is claimed that the true intent and meaning of this chapter or any of its regulations have been misconstrued or wrongly interpreted.
(2) 
To permit, in appropriate cases where the application of any requirement of this chapter in the allowance of the stated time for the performance of any action required hereunder would cause undue hardship on an owner, one or more extensions of time, not to exceed 120 days each, from the date of such decision by the Board. Applications for additional extensions of time shall be heard by the Board. Such requests for additional extensions of time shall be filed with the Building Inspector not less than 30 days prior to the expiration of the current extension.
(3) 
An appeal shall not be considered where an appeal has previously been decided involving the same premises and the same cause.
D. 
The Board of Adjustments and Appeals shall establish its own rules of procedure for accomplishment of its duties and functions, provided that such rules shall not be in conflict with the provisions of this chapter or the laws of the State of Delaware.
E. 
All decisions of the Board of Adjustments and Appeals to vary the application of any provision of this chapter or to modify an order of the Building Inspector shall specify in what manner such variance or modification is made, the conditions upon which it is made and the reasons therefor. Every decision shall be in writing, and a copy of all decisions shall be filed with the Building Inspector and shall be open to public inspection. The Secretary of the Board shall notify the applicant in writing of the final action of the Board.
Any person receiving written notice from the Building Inspector of deficiencies regarding his property under this chapter may, within 30 days following the date such notice is received by the property owner, file an appeal in writing with the Board of Adjustments and Appeals. Such appeal shall state the location of the property, the date of the notice of the violations, the number of the violations and the date the notice was received. The applicant must state the variance or modification requested, the reasons therefor and the hardship or conditions upon which the appeal is based. An appeal pursuant to this section shall stay the effect of the notice of violation or condemnation and all proceedings in furtherance of the action appealed from pending the decision of the Board of Adjustments and Appeals. Any appeal to the Superior Court of the State of Delaware, in and for Sussex County, by a person aggrieved by a decision of the Board of Adjustments and Appeals shall be made in the manner provided for appeals from administrative decisions.
The Board of Adjustments and Appeals shall hear all appeals relative to the enforcement of this code within its jurisdiction within a reasonable time after the filing of an appeal and by a concurring vote of a majority of all the members of the Board of Adjustments and Appeals may reverse or affirm, wholly or partly, or may modify the action appealed from and shall make such other order or determination as is determined just. Failure to secure such concurring vote shall be deemed a confirmation of the decision of the Building Inspector. No member of the Board of Adjustments and Appeals shall participate in any hearing or vote on any appeal in which that member has a direct or indirect financial interest.