CHAPTER 284

FORMERLY

HOUSE BILL NO. 484

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 3, TITLE 22 OF THE DELAWARE CODE RELATING TO BOARDS OF ADJUSTMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §322, Subchapter II, Chapter 3, Title 22 of the Delaware Code by adding a new subsection which shall read as follows:

"(d) Anything heretofore In this Section to the contrary notwithstanding, any city or town, by its legislative body, may establish a Board of Adjustment consisting of not less than three (3) nor more than five (5) members who shall be residents of the city or town and who shall have knowledge of the problems of urban and rural development and who, at the time of appointment and throughout the term of office, shall not be candidates nor members of the legislative body nor employees of the city or town. The Mayor or Chief Executive Officer of such city or town shall appoint such members of the Board of Adjustment and all such appointments shall be confirmed by a majority vote of the elected members of the legislative body.

All appointments shall be for a period of three (3) years, provided that the terms of the original members shall be established in such a manner that the term of at least one (1) member shall expire each year and the successor shall be appointed for a term of three (3) years. The Board of Adjustment so selected shall elect from among their own number a Chairman and a Secretary.

Any member of the Board of Adjustment may be removed from office by the legislative body for cause after a hearing by a majority vote of all the elected members of the legislative body of such city or town. A vacancy occurring otherwise than by the expiration of term shall be filled for the remainder of the unexpired term in the same manner as an original appointment."

Approved June 28, 1984.