Kent County Boards and Committees

Zoning Appeals Board: (Term 3 years - 3-5 members)

Article 66B, Section 4.07
Chairman is paid $1,250.00 annually for expenses; members $1,000.00

The local legislative body shall provide the appointment of a Board of Appeals. The Board of Appeals consists of three or five members. The terms of office of the members of the Board are three years. They shall be appointed by the local executive, confirmed by the local legislative body, and removable for cause, upon written charge, and after public hearing. Vacancies shall be filled for the unexpired terms of any member whose term becomes vacant. Members of the Board may receive such compensation as the local legislative body deems appropriate.

The local legislative body shall designate one alternate member for the Board of Appeals who may be empowered to sit on the Board in the absence of any member of the Board, and when the alternate is absent, the local legislative body may designate a temporary alternate.

(c) Rules; meetings; administering oaths; summoning witnesses; records.

The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this Article. Meetings of the Board shall be held at the call of the chairman and at such other times as the board 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 shall be open to the public. The Board shall make a transcript of all proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, which shall be immediately filed in the office of the Board and shall be a public record.

(d) General powers. - The Board of Appeals shall have the following powers:

(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto.
(2) To hear and decide special exceptions to the terms of the ordinance upon which such Board is required to pass under such ordinance.
(3) To authorize upon appeal in specific cases a variance from the terms of the ordinance.

(e) Appeals; transmission of record. - Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, Board or bureau of the jurisdiction affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(f) Stay of proceedings on appeal.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals after notice of appeal shall have been filed with him that by reason of the 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 Appeals or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown

(g) Hearing on appeal.

The Board of Appeals 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 any party may appear in person or by agent or by attorney.

(h) Decision of Board.

In exercising the above-mentioned powers such Board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.