Board of Adjustment
Board of Adjustment Meeting Calendar Board of Adjustment Hearing Request Board of Adjustment Rules of Procedure Committee Member Handbook
General Information
Staff Directory

Board of Adjustment

Home
>
Groups
>
Board of Adjustment

ABOUT

The Board of Adjustment shall consist of five members whose selection, terms, and qualifications shall be as indicated in 22 Del. C. § 322 and any subsequent amendments thereto. The Board of Adjustment shall select a Chairman from its membership, shall appoint a Secretary and shall prescribe rules for the conduct of its affairs. The Chairman, or in his absence the Acting Chairman, shall have the power to issue subpoenas for the attendance of witnesses and the production of records and may administer oaths and take testimony. For the conduct of any hearing, a quorum shall not be less than three members, and an affirmative vote of a majority of the members of the Board of Adjustment present, but not less than two, shall be required to overrule any decision, ruling or determination of any official charged with enforcement of this chapter, or to approve any special exception or variance. All meetings of the Board of Adjustment shall be open to the public.

The Board of Adjustment shall have the following powers:

A. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official.

B. To hear and decide applications for special exceptions upon which the Board of Adjustment is specifically authorized to pass.

C. Variances.

  • To authorize in specific case such variances from any zoning ordinance, code or regulation, unless prohibited by the Town Charter, that will not be contrary to the public interest, where, owing to special conditions or exceptional situations, a literal interpretation of any zoning ordinance, 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 such release may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any zoning ordinance, code regulation or map.
  • The Board of Adjustment may revise or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

D. To hear and decide applications for interpretation of the Official Zoning Map where there is any uncertainty as to the location of a district boundary.

E. To hear and decide applications for modification of off-street parking requirements pursuant to § 185-36I.

The Board of Adjustment is not a precedent-setting board. All applications are assessed and decided on a case-by-case basis.

TERMS OF OFFICE

  • Julie Johnson, March 2027
  • David Shuey, March 2027
  • Rick Hardy, April 2027
  • David Vogt, April 2027
  • Randall Wise, October 2026
Board of Adjustment Meeting Calendar