The following is a short description of the Board of Adjustment (BOA).
I. Jurisdiction of the Board
The BOA of the City of Rehoboth Beach is a body appointed by the City Commissioners. It has the powers specifically defined within the Zoning Code of the City. The great majority of the cases that come before the BOA are zoning cases pursuant to Section 270-74 of the Code of the City of Rehoboth Beach. That section of law allows the Board to generally hear two kinds of cases.
One type of case is an appeal from the Decision of the Building Inspector. In this type of case, the BOA determines whether the Building Inspector's interpretation of the City Code is appropriate. (See Section 270-71 of the Code of the City of Rehoboth Beach.)
B. Variance Request
The second type of case is the granting of a Variance. A Variance Application to the BOA is completely different from an appeal of the Building Inspector. In a Request for Variance, an applicant is asking the BOA to authorize a use of the property which is conflicting with the Code. The granting of a Variance is allowed in cases only where an applicant can show an unnecessary hardship or an unusual practical difficulty with complying with the Code (see Section 270-74(C) of the Code of the City of Rehoboth Beach). In determining whether a Variance should be granted or not, the Board looks at, among other things, whether allowing the Variance would change the character of the neighborhood. The Board also considers comments from members of the public at-large on that issue or any other issue in connection with the Variance.
II. Notice of Hearings
Notices of applications before the Board are given to property owners within two hundred feet of the property for which the application is made, and published in the local newspapers as well as being posted on the City's bulletin board.
The Board will vote on a Motion at the end of the hearing. Each Board member will state his or her reasons for the vote, and this will be recorded in writing by the Board Secretary and maintained in the City records.
This summary is provided for the information of the public only, to help clarify the process. This summary is not to be relied upon by any individual in determining any particular course of action. This summary is not meant to be legal advice and is provided only for general information. If there are any specific questions about the use of your property or the use someone else wants to make of their property, you should consult an attorney.
BOA members are appointed by the Mayor and Commissioners and serve 3-year terms.
VI. Current Members
For more information on this board, please contact Ms. Ann Womack, City Secretary at (302) 227-6181 or at [email protected]