Kent County Board of Zoning Appeals
(Term 3 years - 3-5 members)
|P. Joan Horsey 12/31/24||David Hill (Alternate Member) 12/30/25|
|John R. Massey 12/31/23||Christopher F. Drummond, Attorney|
|Dr. Al Townshend 12/31/24 (Chairman)|
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 County Commissioners of Kent County. 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 Department is required to make out this application. The application should be filled in by the applicant or its agent. If the Planning Department assists you, they cannot be held responsible for its contents. If you have any questions, contact the Clerk at (410) 778-7467.
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 Department, accompanied by a $200 filing fee made payable to the County Commissioners of Kent County. Click to download an administrative hearing form as a PDF file. The Planning Department is not required to make out this application. The application should be filled in by the applicant or its agent. If the Planning Department assists you, they cannot be held responsible for its contents. If you have any questions, contact the Clerk at (410) 778-7467.
County Commissioners' Hearing Room
400 High Street
Monday, March 13, 2023
Members of the public are welcome to attend meetings in person or listen to the meeting via the audio-only phone number and conference identification number listed below.
Public participation and audio-only call-in number:
- Dial 1-872-239-8359
- Enter Conference ID: 364 093 902#
Members of the public are asked to mute their phones/devices, until the Chair opens the floor for comment.
February 27, 2023
APPLICATIONS FOR REVIEW:
23-07 Darrell and Carla Morgan – Variance – Critical Area Clearing
Map 27, Parcel 481 – Third Election District – Critical Area Residential (CAR)
23-09 Scott and Shari Smith – Variance – Side Yard Setback
26933 Mallard Road – Fourth Election District – Critical Area Residential (CAR)
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.
All applications will be given the time necessary to assure full public participation and a fair and complete review of all projects. Agenda items are subject to change due to cancellations.
Other business without assigned times may be discussed during the meeting.
Posted Online: March 7, 2023
Archived minutes will be added as time allows.
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.