Bethany Beach - February 18, 2011 Meeting Results 3.4.11


Town of Bethany Beach – Public Notice

The Bethany Beach Town Council adopted the following ordinances at its meeting held on Friday, February 18, 2011.

Discussion, Consideration and Possible Vote regarding An Ordinance to Amend Section 425-100 (“Board of Adjustment” – “Membership; Appointment, Terms; Removal; Vacancies”) to Amend the Composition of the Board of Adjustment to Expand the Board of Adjustment from Three Members to Five Members in Accordance with State Law.
Synopsis
This ordinance amends the Bethany Beach Zoning Code to expand the Board of Adjustment from 3 members to 5 members as authorized by 22 Del. C. 322(d). Members are appointed by the Mayor and confirmed by the Council for staggered terms of three years each. The Board elects a Chairperson and Secretary from among its own number. Members may be removed from office by a majority vote of all members of Council, but only “for cause” and after a hearing. Vacancies are to be filled in the same manner as an original appointment. This ordinance eliminates the presiding officer of the Town’s Zoning Commission as a member of the Board of Adjustment. The ordinance requires all members of the Board of Adjustment to be “residents” of the town, construed by the Delaware Superior Court to mean persons who are either domiciled in the town, or who own a residence in the Town and reside there at least part of each year. Additionally, at least three members of the Board must be “permanent residents” of the Town, meaning that they have physically resided within the Town on a continuous basis for a period of at least six months prior to appointment with the intention of making that residence his/her permanent legal residence on a continuing basis, indefinitely. Members may not be employees of the Town, nor members of or candidates for Town Council. Members of the Board must meet all qualifications throughout their terms of office with one exception: if a “permanent resident” member ceases to maintain “permanent residence” but does continue to own a residence in the Town and reside there for at least part of the year, that member shall be deemed to continue as a “permanent resident” member of the Board for the remainder of his/her term of office. This ordinance became effective upon adoption.

Discussion, Consideration and Possible Vote regarding An Amendment to Chapter 425, Article XVII “Board of Adjustment” of the Bethany Beach Town Code to Clarify Record Keeping for the Board of Adjustment and to Clarify the Responsibilities of Variance and Special Exception Applicants
Synopsis
This ordinance amends the Town of Bethany Beach Code to provide that records of Board of Adjustment proceedings be kept in the Board of Adjustment files maintained by the Building Inspector in the Town Hall. This ordinance requires the Building Inspector to maintain the Board of Adjustment files, and authorizes the Town to keep copies of the files in a separate location. This ordinance requires Board of Adjustment hearings not to be held sooner than twenty days after receiving an application for a variance or special exception. Variance and special exception applications will not be considered until all of the submission requirements outlined in the Code have been fulfilled. The Building Inspector is responsible for promptly notifying an applicant of any deficiency. All appeals must be filed no later than 30 days after the date of the action that is being appealed. This amendment requires an applicant be the owner of record to the property, the holder of a purchase agreement for purchase of the property, the holder of an option to purchase the property, or a person entitled to appeal an administrative decision pursuant to 22 Del. C. § 324. All applications for variances and special exceptions must be signed by the owner of record to the property and the applicant, and applications for appeals from an Administrative Decision shall be signed by the aggrieved party appealing the decision. Applications must include plans and exhibits necessary for proper review and consideration. This ordinance became effective upon adoption.
CP 20110304 1T