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Board of Adjustment

City ShieldThe Board of Adjustment

With the passage of Ordinance 534 the City of New Castle revised the composition of the Board of Adjustment as a citizen Board. 

The Board of Adjustment will consist of the Mayor, who will act as Chairperson and permanent member and four (4) appointees who are residents of the City, these individuals will be appointed by the City Council.

The City Solicitor shall attend all meetings, hearings, and proceedings of the Board of Adjustment, including when sitting as the Board of Building Appeals to act in an advisory capacity, and to ensure compliance with applicable law.

The City Planner or City Engineer will attend all meetings, hearings, and proceedings of the Board of Adjustment and will review applications and provide the Board of Adjustment with recommendations.

Appeals may be made by any person aggrieved or by an officer or bureau of the governing body of the City affected by any decision of the Administrative Official. Such appeals shall be taken within a reasonable time, not to exceed 20 days, by filing with the Building Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Official shall transmit to the Board all papers constituting the record upon which action appealed from was taken.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice as required and hold the public hearing within 30 days from the date of filing of the notice of appeal. At the hearing, any party may appear in person or by agent or attorney. The Board shall then decide the appeal within 45 days from the time of the hearing. The current filing fee is $800*.

*Filing fee for an appeal to or any other application to the Board of Adjustment:

  • (a) In connection with property in an OS&R, R-1, R-2, R-3 or HR District: $800.
  • (b) In connection with property in an HC, RC or SC District: $800.
  • (c) In connection with property in an LIO or I District: $1,600.
  • (d) Where the change is to Downtown Gateway (DG):
    • [1] If the application seeks a special exception application under ยง 230-21.1C(4) of the Code: $600.
    • [2] If the application relates to a residential use in the DG Zone: $600.
    • [3] In all other cases: $800