The Board of Adjustment shall have the following powers:

A.

Appeal of administrative order, requirement, decision, or determination. The Board of Adjustment shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made in the administration of the zoning ordinance.

B.

Variance. The Board of Adjustment shall authorize, upon appeal in specific cases, such variances from the terms of this chapter as will not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship or exceptional practical difficulties and so that the spirit of the chapter shall be observed and substantial justice done.

(1)

Area variance. A variance shall be considered an area variance if it relates to bulk standards, signage regulations, and other provisions of the zoning ordinance that address lot layout, buffers, and dimensions, In considering a request for an area variance, the board shall evaluate the following criteria and document them in their findings of fact:

(a)

The nature of the zone in which the property lies;

(b)

The character of the immediate vicinity and the contained uses therein;

(c)

Whether, if the restriction upon the applicant's property were removed, such removal would seriously affect such neighboring properties and uses; and

(d)

Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in relation to his efforts to make normal improvements in the character of that use of the property which is a permitted use under the provisions of the zoning ordinance.

(2)

Use Variance. A variance shall be considered a use variance if it would permit a use of the subject property that would otherwise not be permitted on the subject property. In considering a request for a use variance, the board shall determine that the following criteria exist and document them in their findings of fact:

(a)

The property cannot yield a reasonable return when used only for the permitted use;

(b)

The need for the variance is due to unique circumstances and not general conditions in the neighborhood;

(c)

The use sought will not alter the essential character of the locality; and

(d)

All uses permitted on the land under the existing zoning are economically unfeasible.

C.

The Board of Adjustment shall have the responsibility for the interpretation of this chapter.

[Ord. No. 2022-06, 1-24-2022]

In exercising its powers the Board may, in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made in the administration and enforcement of this chapter. Any order, requirement, decision or determination of the Board which requires or permits a specific act to be undertaken shall, as a condition, prescribe a reasonable time limit within which such act shall be completed, if applicable.

[Ord. No. 2022-06, 1-24-2022]

A.

Appeals to the Board may be taken by any person aggrieved or by any other officer, department, board or commission of the City of Milford affected by a decision of the Planning of the City of Milford in the administration of this chapter. Such appeal shall be taken within 60 days of the aggrieved decision by filing with the Planning Director a letter of appeal specifying the reason for appeal.

B.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies, after the notice of appeal is 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 cases, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board or by a court of record on application on notice to the Planning Director for due cause shown.

C.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice as well as due notice to the parties of interest and notify by mail the registered owners of all property within 200 feet of the property upon which the appeal centers. The appeal shall be decided within a reasonable time not to exceed 60 days from the date of the filing of such appeal. Failure of the Board to decide within 60 days shall constitute denial. Upon the hearing, any party may appear in person, by agent or by attorney, provided that said agent or attorney produces authorization from his principal for acting in such a capacity.

D.

A filing fee shall accompany each appeal to help offset the cost of the hearing. Said filing fee is set forth in § 230-57. 6 []

[Ord. No. 2022-06, 1-24-2022]

A.

Variance applications may be submitted to the Planning Department for review by the Board.

B.

Notice of matters to be heard by the Board shall be published in a newspaper of general circulation for the City of Milford at least 15 days before the date of the hearing and shall specify the date, place and times at which the application may be examined. The notice shall set forth the date, time and place of the public hearing and shall describe in a general way the nature of the application.

C.

The Planning Department shall provide a copy of the public notice by mail to the registered owners of all property within 200 feet of the property upon which the variance application is being sought.

D.

The Planning Department will also post a notice at least 10 days before the hearing outlining the date, time, place and nature of the hearing in a conspicuous location on the property. The published and posted notices shall contain reference to the time and place within the City where text, maps, and plans for the proposal may be examined.

E.

A filing fee shall accompany each appeal to help offset the cost of the hearing. Said filing fee is set forth in Section 230-57.

F.

Variance approvals associated with site plans shall expire with the expiration of the site plan approval. Variances associated with subdivisions shall expire with the expiration of the subdivision approval. All other variances shall become null and void unless work is commenced and diligently prosecuted within one year of the date of the granting of a variance by the Board.

G.

Whenever the Board of Adjustment denies an application for variance, such application for variance, or an application on the same property which is substantially similar, shall not be accepted for reconsideration by the Board of Adjustment sooner than one year from the date of denial.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

Any person or persons jointly or severally aggrieved by any decision of the Board or any taxpayer or any officer, department, board or commission of the City of Milford may present to a court of record a petition duly verified setting forth that such decision is illegal, in whole or in part, and specifying the grounds for the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision. The court may allow a writ of certiorari directed to the Board to review such decision of the Board and shall prescribe the time within which a return must be made and served upon the petitioner attorney, which shall not be less than 10 days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, upon application or notice to the Board and on due cause shown, grant a restraining order.

[Ord. No. 2022-06, 1-24-2022]

The Board of Adjustment shall be established as provided in 22 Del. C. § 322(d).

[Ord. No. 2022-06, 1-24-2022]

The Board of Adjustment shall make and adopt rules in accordance with the provisions of this chapter.

[Ord. No. 2022-06, 1-24-2022]

The Board may refer to the Planning Commission any applications or appeals for the Planning Commission's review and recommendation.

[Ord. No. 2022-06, 1-24-2022]

Each member of the Board of Adjustment shall be paid $75.00 per regular or special meeting she/he attends and may be reimbursed for actual expenses incurred in connection with their official duties.

[Ord. No. 2021-27, 2-28-2022; Ord. No. 2022-06, 1-24-2022]