What Did I Learn? - Board of Appeals

What I Learned? – Board of Appeals

Hi Town of Rock Hall! We have had several variance requests for the Board of Appeals over the past several months. I thought this would be a perfect subject this time around for what I learned. A “zoning variance” is a special permission to use or develop in a way that does not comply with the existing zoning ordinance. In the town of Rock Hall, you need to take all variance requests before the Board of Appeals.

The Board of Appeals is appointed by the Mayor & Council and consists of three (3) members and one (1) alternate, they serve a three (3) year term. It is their responsibility to hear cases of variance requests, for example, and decide based on information presented to them by the applicant. Some recent cases have included variance request to front yard setbacks, side yard setbacks, and height.

The process “kicks off” with an application submitted by a property owner of Rock Hall wanting to build, improve, or change something to their lot that does not comply with an existing ordinance. The application must be reviewed, public notice of the hearing needs to be drafted, and must be advertised for at least 15 days. The public notice is also posted at the Town Hall and there will be signs posted on the properties.

The night of the hearing it is up to the applicant to show unwarranted hardship, this hardship is not shared generally by other properties, and the authorization of the variance will not change the character of the district. My advice to anyone coming before the Board of Appeals, is to be prepared with information on your request – the why, what, and how; it wouldn’t hurt if you could show support of your neighbors; and visual “aids” would never hurt – pictures, building plans, site plans, etc.

Once we receive that application, the time clock starts ticking. Our ordinance requires the hearing notice to be published in a "newspaper of general circulation" 15 days prior to the hearing. We do everything we can to expedite these requests, but because of our posting requirement of public notice there are strict deadlines. Please keep that in mind if you should ever have to file an application to go before the Board of Appeals.  

I invite you to read more about the Board of Appeals in the Town of Rock Hall’s Ordinance, Chapter 225 Zoning, Article 13 Board of Appeals. You can find it on our website, Town of Rock Hall, MD Board of Appeals (ecode360.com) or I have attached the PDF below for your convenience, along with the Board of Appeals Application.

If you should have any questions, please do not hesitate to give me a call at 410-639-7611, ext. 104 or shoot me an email at bvaughan@rockhallmd.com

Stay tuned for more of What I Learned?

Brandee Vaughan - Code Enforcement Officer