HomeMy WebLinkAbout04-22 BZA Staff ReportAPPEAL APPLICATION #04-22
DUSTY HILLYARD
Staff Report for the Board of Zoning Appeals
Prepared: June 7, 2022
Staff Contact: Mark R. Cheran, Zoning Administrator
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This report is prepared by the Frederick County Planning Staff to provide information to the
Board of Zoning Appeals to assist them in making a decision on this request. It may also be
useful to others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
June 28, 2022
Public Hearing Action Pending
LOCATION: The subject property is located at 4494 Cedar Creek Grade, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 72-A-32
PROPERTY ZONING & USE: Zoning: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
APPEAL: An appeal of the decision of the Zoning Administrator in the administration of the
Frederick County Zoning Ordinance
REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to
Frederick County Zoning Ordinance, Chapter 165, Section 165-401.02 Permitted uses within the RA
(Rural Areas) Zoning District.
STAFF COMMENTS: County staff received a complaint of a portable toilet business on the
property. Staff visited the property on March 31, 2022 and noted portable toilets, equipment, and
toilet trailers with the name of Primo Potties operating on the property. (Enclosed pictures) The
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property owner was cited via Notice of Violation (NOV) for violation of Section 165-401.02 of the
Frederick County Zoning Ordinance (“Ordinance”), permitted uses within the RA (Rural Areas)
Zoning District. (Permitted Uses RA District enclosed)
The decision of the Zoning Administrator was not arbitrary or capricious in the enforcement of
the Frederick County Zoning Ordinance regarding the permitted uses within the RA Zoning District.
The question before the Board of Zoning Appeals is whether the decision of the Zoning
Administrator via the NOV, is correct as to the permitted uses within the RA Zoning District. The
Ordinance lists the permitted uses within, the RA Zoning District and a portable toilet business is not
included and therefore is not a permitted use.
STAFF CONCLUSIONS FOR THE JUNE 28, 2022 MEETING: Staff is requesting the Board of
Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of the
Frederick County Zoning Ordinance, Section 165-401.02 a portable toilet business is not a permitted
use in the RA Zoning District.
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