KENT COUNTY, MARYLAND
COUNTY COMMISSIONER'S

PUBLIC HEARING - 8/24/2004

Public Hearing Code Home Rule Bill No. 3-2004
Zoning Text Amendments

August 24, 2004


A Public Hearing was held on Tuesday, August 24, 2004, at 10:30 a.m. in the County Commissioners' Hearing Room, County Government Center, Chestertown, Maryland on Code Home Rule Bill No. 3-2004 which is: an Act to repeal and re-enact with amendments Article V, Section 2.4B; Article IX, Section 2.2.5; Article XI, Section 2.98; Article XII, Section 4.5 of the Kent County Zoning Ordinance; and to add new Article IX, Sections 2.2.3H and 2.2.3J; Article XI, Section 2; and Note #4 to Article V, Section 2.5 of the Kent County Land Use Ordinance; complying with changes in the policies and criteria of the Chesapeake Bay Critical Area Program approved by the Maryland General Assembly in 2004; revising provisions governing "accessory uses" in the Resource Conservation District; adding provisions applicable to variance and waiver decisions and orders; adding a definition of "unwarranted hardship" within the Critical Area; revising the definition of "dwelling unit" within the Critical Area; revising penalties for violations of Critical Area provisions; adding considerations related to Critical Area variance requests; defining "unwarranted hardship" within the Critical Area; and making certain technical changes.

Commissioners Roy W. Crow, Scott D. Livie, and William W. Pickrum were in attendance as well as Susanne Hayman, County Administrator, Gail Owings, Director, Planning and Zoning, Amy Moredock, Environmental Planner, P.A.M. Schaller, Director, Economic Development, and approximately five interested citizens, and members of the media.

Notice of the public hearing was read into the record by Commissioner Pickrum.

At Commissioner Crow's request, Mrs. Owings interpreted the proposed Zoning Text Amendment by indicating that it pertains to the variances, fines, and accessory dwellings in the Chesapeake Bay watershed, and that it is in response to the legislation passed by the 2004 Maryland Assembly which determined the standard for variances and particularly those in a buffer located in critical areas. Mrs. Owings also reported the following: that the proposed Zoning Text Amendment gives authorization for the imposition of fines for violations of variances up to $10,000, compared to the current $500.00 limit; and also clearly defines what constitutes a "guest house" when it is located in a Resource Conservation District.

Commissioner Pickrum asked those gathered if there were any comments.

No one wished to speak for or against this proposed legislation.

Third reading of the legislation will be held on September 7, the next legislative day.

This hearing was taped for reference and adjourned at 10:40 a.m.


THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND

Janice F. Fletcher
Executive Assistant

Approved: William W. Pickrum, President