CHAPTER 61

FORMERLY

SENATE BILL NO. 153

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 327(a)(3), Chapter 3, Title 22 of the Delaware Code by striking Section 327(a)(3) in its entirety and substituting in lieu thereof the following:

"(3) Authorize, in specific cues, such variance from the provisions of any zoning ordinance, code, or regulation that will not be contrary to the public Interest. where, owing to special conditions or exceptional situation, a literal interpretation of the provisions of any zoning ordinances, code, or regulation will result In unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code, or regulation shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the Intent and purpose of any zoning ordinance, code. regulation. or map."

Section 2. From one year following the enactment of this Act, the Board of Adjustment shall not rehear any application for a variance which has been rejected on the merits by the Board or by a reviewing Court as of the date of the enactment of this Act.

Approved July 1, 1985