A.

Generally. It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official and through him to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law and particularly by 22 Del. C. § 301 et seq.

B.

Administrative official.

1.

Administrative variance. Notwithstanding any other provision of this ordinance, the administrative official shall have the authority, as qualified below, to grant a dimensional variance in the case of any structure existing or partially constructed which does not comply with the dimensional requirements of this ordinance applicable at the time such structure was erected. Such a variance may be approved by the administrative official in accordance with the following provisions:

(a)

The need for the variance was the result of good faith error by the property owner and/or the property owner's builder or surveyor. The property owner shall have the burden of establishing the existence of such good faith error by substantial evidence.

(b)

The variance does not exceed one foot.

(c)

Such variance will not impair the purpose and intent of this chapter.

(d)

Such variance will not be detrimental to the use and enjoyment of other property in the immediate vicinity.

(e)

Such variance will not create an unsafe condition with respect to other property or public streets.

(f)

Denial of such variance would cause exceptional practical difficulties or un-necessary hardship upon the owner.

(g)

Such variance will not result in an increase in density or the impervious surface ratio from that permitted by the applicable zoning district regulations.

(h)

In approving such a variance under the provisions of this section, the administrative official shall authorize only the minimum variance necessary to provide reasonable relief and, as reasonable under the circumstances, may prescribe such conditions, to include landscaping and screening measures, to assure compliance with the intent of this chapter.

(i)

Upon the approval of an administrative variance under this section for a particular building, the same shall be deemed to be a lawful building.

(j)

The administrative official town manager or his designee shall have no power to waive or modify the standards necessary for approval as specified in this section.

(k)

If the dimensional variance requested exceeds one foot, the application shall be referred to the Board of Adjustment in accordance with this chapter.

C.

Board of adjustment. The board of adjustment shall hear appeals of decisions of the administrative official town manager or his designee in accordance with the provisions of section 9 ("the board of adjustment; powers and duties").

D.

Town council. It is further the intent of this ordinance that the duties of the town council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this ordinance. Under this ordinance, the town council shall have only the duties of (1) considering the adopting or reflecting proposed amendments or the repeal of this ordinance, as provided by law, and (2) of establishing a schedule of fees and charges as stated in section 12 below.

E.

Courts. Recourse from the decisions of the board of adjustment shall be to the courts as provided by law and particularly by 22 Del. C. § 301 et seq.

(Ord. No. 010-10, § 2, 5-17-10)