The Board of Adjustment shall consist of the Chief Engineer of the Street and Sewer Department, the Town Solicitor and the Mayor or an authorized agent of the Mayor. If the Town has no Town Engineer or Town Solicitor, then the Mayor shall appoint two members, each to be appointed for a term of three years and removable for cause by the Town Council upon written charges and after public hearing, who, with the presiding officer of the Planning and Zoning Commission, shall constitute the Board of Adjustment for the Town. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

Appeals for the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or Bureau of the Town of Selbyville affected by any decision of the Building Inspector. Such appeals shall be taken within 15 days of the date of the decision appealed from by filing with the Building Inspector from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds therefor. The Building Inspector from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action from which the appeal was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal has been 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 case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the Building Inspector from whom the appeal is taken and on due cause shown.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing a party may appear in person, by agent or by attorney.

The Board of Adjustment shall have the following powers:

In exercising the aforementioned powers, the Board of Adjustment, in conformity with the law, may reverse 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 Building Inspector from whom the appeal is taken.

The Board of Adjustment shall adopt rules as to the manner of filing appeals or applications for special exceptions or for variance in the terms of this chapter and for the conducting of hearings and for the giving of such notice or notices as may be required or deemed advisable by the Board of Adjustment, all of which rules and regulations shall conform with the requirements of this chapter and law in that behalf.

Unless otherwise specified by the Board of Adjustment, a special exception or a variance shall expire if the applicant fails to obtain a building permit or, where no structure is involved, fails to use the property in accordance with the special exception or variance, within three months from the date of authorization thereof.

Each application for an appeal, exception or variance as provided for in the chapter shall be accompanied by fee payable to the Town of Selbyville to be set by the Mayor and Town Council to cover costs, no part of which shall be refundable.

Meetings of the Board of Adjustment shall be held at the call of the Chairman thereof and at such other times as the Board of Adjustment may determine. Such Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Board of Adjustment and shall be a public record.