[Amended 1-10-1992]
A.
There is established a Board of Adjustment to consist
of not less than three nor more than five members who shall be residents
of the Town and who shall have knowledge of the problems of urban
and rural development and who, at the time of appointment and throughout
the term of office, shall not be candidates nor Commissioners nor
employees of the Town. The Mayor shall appoint such members of the
Board of Adjustment, and all such appointments shall be confirmed
by a majority vote of all the elected Commissioners.
[Amended 10-12-2007]
B.
All appointments shall be for a period of three years,
provided that terms of the original members shall be established in
such a manner that the term of at least one member shall expire each
year, and the successor shall be appointed for a term of three years.
The Board of Adjustment so selected shall elect from among their own
number a Chairman and a Secretary.
C.
Any member of the Board of Adjustment may be removed
from office by the legislative body for cause after a hearing by a
majority vote of all the elected Commissioners. A vacancy occurring
otherwise than by the expiration of term shall be filled for the remainder
of the unexpired term in the same manner as an original appointment.
[Amended 1-19-2007; 10-12-2007]
Appeals to the Board of Adjustment may be taken
by any person aggrieved or by an officer, department, board or bureau
of the Town of Henlopen Acres affected by any decision of any official
charged with the administration or enforcement of this chapter. Such
appeal shall be taken within 10 days of such decision by filing with
the Board of Adjustment and the official from whom the appeal is taken
by delivery to the Town Manager a notice of appeal specifying the
grounds thereof. The Town Manager shall forthwith transmit to the
Board of Adjustment all the papers constituting the record upon which
the action appealed from was taken.
[Amended 10-12-2007; 7-11-2008]
An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the Town Manager 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 restraining
order which may be granted by the Board of Adjustment or by a court
of competent jurisdiction on application or notice to the Town Manager
on due cause shown.
[Amended 1-14-2000]
Within a reasonable time of the filing of an
appeal, the Board of Adjustment shall fix a reasonable time for hearing
of the appeal, give public notice thereof by publication of local
circulation in one weekly issue thereof, which shall be at least 14
days prior to such hearing, as well as due notice to the parties,
and decide the same within a reasonable time. Upon the hearing, any
party may appear in person or by agent or by attorney.
The Board of Adjustment shall have the following
powers:
A.
To hear and decide appeals where it is alleged there
is an error in any order, requirement, decision or determination made
by an official charged with the administration or enforcement of this
chapter or by any ordinance amendatory or supplemental thereof.
[Amended 1-19-2007; 10-12-2007]
B.
To hear and decide special exceptions to the terms
of this chapter upon which such Board is required to pass under this
chapter.
C.
To authorize upon appeal, in specific cases, such
variance from the terms of this chapter that will not be contrary
to the public interest where, owing to special conditions or exceptional
situations, a literal interpretation of the provisions of this chapter
will result in unnecessary hardship or exceptional practical difficulty
to the owner of the property so that the spirit of this chapter shall
be observed and substantial justice done, provided that such relief
may be granted without substantial detriment to the public good and
without substantially impairing the intent and purpose of the this
chapter and the Zoning Map.
[Amended 2-14-1998]
In exercising the above-mentioned powers, the
Board of Adjustment, in conformity with law, may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination as ought to be made, and to that end shall have all
the powers of the official charged with the administration or enforcement
of this chapter from whom the appeal is taken.
The Board of Adjustment shall adopt rules as
to the manner and time of filing appeals or applications for special
exceptions, or for a variance from the terms of this chapter, and
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
which rules and regulations shall conform with the requirements of
this chapter and the law on that behalf.
[Amended 7-10-1992; 7-14-2006]
Unless otherwise specified by the Board of Adjustment,
any special exception or variance granted by said Board of Adjustment
shall be valid for a period of one year from the date such special
exception or variance is granted by the Board of Adjustment. If the
right to the special exception or variance is not exercised by the
property owner within such period, the special exception or variance
shall lapse and become void; provided, however, that for good cause
shown and upon application to the Board of Adjustment, together with
the payment of the required fee, the Board of Adjustment may grant
an extension of a special exception or variance but such extension
shall not exceed a maximum of three months.
[Amended 7-9-1999 by Ord. No. 99-1]
Each application for an appeal, special exception
or variance as provided in this chapter shall be accompanied by a
fee payable to the Town of Henlopen Acres in the amount set from time
to time by the Commissioners by resolution to cover costs, which fee
or part thereof may be refunded by the Board upon due consideration.
Meetings of the Board of Adjustment shall be
held at the call of the Chairman and at such other times as the Board
may determine. The Chairman or, in his absence, the Acting Chairman
may administer oaths and compel the attendance of witnesses. All meetings
of the Board shall be open to the public. The Board shall keep minutes
of its proceedings showing the vote of each member upon each question,
or if absent or failing to vote, indicating 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
a public record.
[Added 1-14-2000[1]]
Any person or persons, jointly or severally
aggrieved by any decision of the Board of Adjustment or any taxpayer
or officer, department, board or bureau of the Town, may present to
the Superior Court a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying the grounds of
the illegality. Such petition shall be presented to the court within
30 days after the filing of the decision in the Office of the Board
of Adjustment.
