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Bridgeville City Zoning Code

ARTICLE III

Administrative Structure

§ 234-16 Planning and Zoning Commission.

A. 
Created; name. A Planning and Zoning Commission is hereby created.
B. 
Organization.
(1) 
Members. The Planning and Zoning Commission shall consist of not less than five members nor more than nine members.
[Amended 4-12-2010 by Ord. No. A10-1]
(2) 
Qualifications.
(a) 
Members shall be residents of the Town.
(b) 
At the time of appointment and throughout the term of office, a member shall not be a candidate for, a candidate-elect to, or incumbent in any elected political office or a Town employee.
(c) 
Members shall have knowledge of and experience with the problems of rural and urban development.
(3) 
Term of office.
(a) 
Each member shall serve a three-year term or until a successor takes office.
(b) 
The terms shall be staggered so that no more than two members are appointed or reappointed each year.
(4) 
Appointments. The Town Commissioners shall appoint members of the Planning and Zoning Commission.
(5) 
Chairperson and Secretary. Each year, members shall elect a Chairperson and a Secretary from among themselves.
(6) 
Vacancies. If a vacancy shall occur prior to the expiration of a term, it shall be filled for the remainder of the term in the same manner as a member appointed to a full term.
(7) 
Removal. The Town Commissioners may remove a member for just cause by majority vote after a hearing.
(8) 
Staff support. The Town Commissioners may assign appropriate staff to the Planning and Zoning Commission.
(9) 
Compensation. The Town Commissioners may establish, by ordinance, compensation for the Planning and Zoning Commission.
C. 
Powers and duties.
(1) 
Comprehensive Plan. The Planning and Zoning Commission shall participate in the development of a comprehensive plan as set forth Title 22, Chapter 7, of the Delaware Code.
(2) 
Annual report. Each year, the Commission shall report on its activities since the past year's report to the Town Commissioners.
(3) 
Other duties.
(a) 
Recommendations to the Town Commissioners on subdivision and development plans.
[Amended 4-12-2010 by Ord. No. A10-1]
(b) 
Recommendations to the Town Commissioners on zoning text amendments, Zoning Map changes, and conditional uses.
(c) 
Plans and studies as requested.
(d) 
Other duties as set forth in Title 22, Chapter 7, of the Delaware Code relating to planning commissions and zoning commissions.
D. 
Meetings and hearings.
(1) 
Schedule.
(a) 
The Planning and Zoning Commission shall hold a meeting once a month if its workload requires it.
(b) 
The Planning and Zoning Commission may meet at other times at the call of the Chairperson.
(2) 
Conduct of meetings.
(a) 
All meetings shall be open to the public.
(b) 
A majority of the Planning and Zoning Commission being present shall constitute a quorum.
[Amended 4-12-2010 by Ord. No. A10-1]
(c) 
The Planning and Zoning Commission shall adopt rules for the transaction of business.
(3) 
Minutes.
(a) 
The Planning and Zoning Commission shall keep minutes of its meetings, resolutions, transactions, findings, and determinations.
(b) 
The minutes shall register the vote of each member on each item considered by the Planning and Zoning Commission. The minutes shall also record when a member is absent or does not vote on an item.
(4) 
Action.
(a) 
A majority vote of all members appointed to the Planning and Zoning Commission, present and constituting a quorum at a meeting or public hearing, shall be required to take official action.
[Amended 4-12-2010 by Ord. No. A10-1]
(b) 
All official actions of the Planning and Zoning Commission shall be in writing.
(c) 
All actions of the Planning and Zoning Commission shall be a public record.

§ 234-17 Board of Adjustment.

A. 
Created; name. A Board of Adjustment is hereby created which is referred to as the "Board."
B. 
Organization.
(1) 
Members. The Board of Adjustment shall consist of five members.
(2) 
Qualifications.
(a) 
Members shall be residents of the Town.
(b) 
At the time of appointment and throughout the term of office, a member shall not be a candidate for, a candidate-elect to, or incumbent in any elected political office or a Town employee.
(c) 
Members shall have knowledge of and experience with the problems of rural and urban development.
(3) 
Term of office.
(a) 
Each member shall serve a three-year term or until a successor takes office.
(b) 
The terms shall be staggered so that generally no more than two members are appointed or reappointed each year.
(4) 
Appointments.
(a) 
The Town Commissioners shall appoint members of the Board.
(b) 
The Town Commissioners shall confirm the appointments by majority vote.
(5) 
Chairperson and Secretary. Members shall elect a Chairperson, a Vice Chairperson, and a Secretary from among themselves.
(6) 
Vacancies.
(a) 
A vacancy occurring prior to the expiration of a term shall be filled for the remainder of the unexpired term in the same manner as a member is appointed to a full term.
(b) 
The person appointed to complete an unexpired term shall have the same qualifications as members appointed to full terms.
(7) 
Removal. The Town Commissioners may remove a member for just cause after a hearing by majority vote.
(8) 
Compensation. The Town Commissioners shall determine compensation for Board members.
C. 
Powers and duties.
(1) 
Administrative review: hear and decide appeals where an error is alleged in any order, requirement, decision, determination, interpretation, or denial of an application by any administrative official in the administration or enforcement of this chapter.
(2) 
Variances: authorize variance from the strict application of the provisions of this chapter.
(3) 
Text and Map interpretations.
(a) 
Interpret the text of this chapter.
(b) 
Resolve uncertainties in the location of zoning district boundaries.
D. 
Meetings.
(1) 
Schedule. Meetings shall be held at the call of the Chairperson, at other times that the Board shall determine, or in accordance with any procedure specified in this chapter.
(2) 
Conduct of meetings.
(a) 
The deliberations of the Board of Adjustment shall be open to the public.
(b) 
Three members constitute a quorum.
(c) 
The Board shall adopt rules for the transaction of business.
(d) 
The Chairperson may compel the attendance of witnesses.
(e) 
The Chairperson may administer oaths.
(3) 
Minutes.
(a) 
The Board shall keep minutes of its meetings, resolutions, transactions, findings, and determinations.
(b) 
The minutes shall register the vote of each member on each item considered by the Board and record when a member is absent or does not vote on an item.
(4) 
Action.
(a) 
A majority of all members appointed to the Board is required to take action.
(b) 
All official actions of the Board shall be in writing.
(c) 
All actions of the Board shall be a public record.

§ 234-18 Administrator.

A. 
General responsibility: administration of and securing compliance with the provisions of this chapter.
B. 
Specific responsibilities:
(1) 
Administering and issuing zoning certificates.
(2) 
Administering and issuing sign permits.
(3) 
Staff support to the Planning and Zoning Commission, Town Council, and Board of Adjustment.

§ 234-19 Town Commissioners.

A. 
Administrative responsibilities:
(1) 
Appointment of an Administrator for this chapter.
(2) 
Determining similar uses.
(3) 
Approval of conditional uses.
B. 
Legislative responsibilities.
(1) 
Adoption of Comprehensive Plan.
(2) 
Taking action on changes to the text and map of this chapter.