Kent County Board of Zoning Appeals (Term 3 years - 3-5 members) P. Joan Horsey 12/31/21 David Hill (Alternate Member) 12/31/22 John R. Massey 12/31/23 Christopher F. Drummond, Attorney Dr. Al Townshend 12/31/21 (Chairman) Date indicates expiration of term General Information Agenda Minutes Meeting Packets Code General Information What does it do? The Board of Zoning Appeals hears and decides special exceptions, variance interpretations, and appeals of any decision or determination of the Zoning Administrator in the enforcement and administration of the Land Use Ordinance. How do I file an appeal? You must file an appeals form with the Planning Office, accompanied by a $350 filing fee made payable to the Department of Planning and Zoning. This form includes variances, special exceptions, and interpretations. Appeals of decisions made by the Zoning Administrator have a filing fee of $250. Click to download an appeals form as a PDF file. Neither the Board of Appeals or the Planning Office is required to make out this application. The application should be filled in by the applicant or its agent. If the Planning Office assists you, they cannot be held responsible for its contents. If you have any questions, contact the Clerk at (410) 778-7467. Administrative Hearings The Kent County Land Use Ordinance allows the Planning Director, or Planning Director's designee, to administratively review variances of the yard setback requirements that do not exceed 50% of the required yard for the applicable zoning district. In addition, the following special exceptions may also be administratively heard by the Planning Director, or Planning Director's designee: accessory storage structures, accessory structures in the front yard requirement of waterfront parcels, accessory structures in the front yard of a through or corner lot, and day care groups. You must file an application form with the Planning Office, accompanied by a $200 filing fee made payable to the Department of Planning and Zoning. Click to download an administrative hearing form as a PDF file. The Planning Office is not required to make out this application. The application should be filled in by the applicant or its agent. If the Planning Office assists you, they cannot be held responsible for its contents. If you have any questions, contact the Clerk at (410) 778-7467. Agenda County Commissioners' Hearing Room MEETING TO BE HELD VIRTUALLY via CONFERENCE CALL COVID-19 Special Announcement Regarding Meeting Attendance In response to the State of Emergency due to COVID-19, individuals must refrain from attending meetings. In lieu of public appearance, this meeting is being held virtually, via teleconference. Members of the public may listen to the meeting either online at https://www.kentcounty.com/commissioners/meeting-live-video, OR via the audio-only phone number and conference identification number listed below. The way for members of the public to provide verbal comments during the meeting is via the audio-only phone number. Public participation and audio-only call-in number: Dial 1-872-239-8359 Enter Conference ID: 405 447 249# Members of the public are asked to mute their phones/devices, until the Board Chair opens the floor for comment. Please note that if you are listening to the online livestream while waiting to call in to participate, there is an approximately 45-second delay. In order to avoid audio feedback issues, please mute the livestream before calling in. AGENDA Monday, April 19, 2021 7:00 p.m. MINTUES March 15, 2021 APPLICATIONS FOR REVIEW: 21-07 David and Eileen Smack, ACED, LLC – Special Exception – Adaptive Reuse of Historic Structure 22622 Handy Point Road, First Election District, Zoned Resource Conservation District (RCD) APPLICANT OR REPRESENTATIVE MUST BE PRESENT APPLICANTS ARRIVING MORE THAN 10 MINUTES AFTER THE SCHEDULED HEARING WILL NOT BE HEARD AND WILL BE RESCHEDULED AT THE APPLICANT’S EXPENSE. Meetings are conducted in Open Session unless otherwise indicated. All or part of the Board of Appeals meetings can be held in closed session under the authority of the MD Open Meetings Law by vote of the members. Breaks are at the call of the Chairman. Meetings are subject to audio and video recordings. Please note that times listed on the agenda are only estimates; however, projects will not be reviewed prior to their scheduled time. Applicants will be given the time necessary to assure full public participation and a fair and complete review of all projects. Therefore, the time each application is heard may be later than the time indicated on the agenda. Items on this agenda are subject to change due to cancellation of projects. Other business without assigned times may be discussed during the course of this meeting as time allows. Posted Online: April 12, 2021 Minutes 2020 2021 January April June July August Ocotber Archived minutes will be added as time allows. Meeting Packets 2021 March Packet April Packet 2020 April Packet June Packet July Packet August Packet October Packet Code 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.