Ocean City Board of Zoning Appeals Meeting – May 28, 2026

The Ocean City Board of Zoning Appeals met on Thursday, May 28, 2026, at 6:00 p.m. in the Council Chambers of City Hall. The meeting covered administrative approvals of prior meeting minutes and findings of fact, discussion of a proposed amendment to the Board’s rules of procedure, and two public hearings for special exception requests. All votes were unanimous unless noted.

Consent Calendar

• Minutes of April 23, 2026: Approved as amended (5-0).
• Findings of Fact for BZA 2737 (Regan Smith, Esq. for Nolen Graves): Approved as amended, with a correction to the conclusion language to read “adversely impact” instead of “substantial impact.” (5-0)
• Findings of Fact for BZA 2738 (Sean and Patricia Chenworth): Approved as amended, correcting a verb tense and a typo. (5-0)
• Findings of Fact for BZA 2739 (Peter Buas, Esq. for 202 8th Street, LLC): Approved as amended, correcting a typo (“wand” to “and”). (5-0)

Public Comments & Testimony

• BZA 2743 (John B. Reinholt): The applicant submitted two letters of no objection from adjacent neighbors. No oral public testimony was offered.
• BZA 2744 (OC Turtle North, LLC): No oral public testimony was offered.

Discussion Items

• Amendment to Rules of Procedure: Staff presented a proposed amendment to require any party wishing to submit written legal argument (and incorporated attachments) to file one digital and one hard copy with the Zoning Administrator at least 14 days before the hearing; late submissions would result in rescheduling at the party’s expense. A second rule would prohibit evidence during opening or closing remarks—evidence must be presented through a witness. Board members discussed broadening the language to include “incorporated attachments” and ensuring the rule would not apply to ordinary homeowners providing testimony. The amendment was introduced for discussion and will be brought back for a formal vote at a future meeting.
• Public Hearing – BZA 2743 (13802 Fountain Road): The applicant requested a special yard exception to place an enclosed sunroom 10 feet from the rear property line instead of the required 15 feet. The existing dwelling, built in 1983-84, is legally nonconforming to the 15-foot rear yard setback. The proposed sunroom would not extend beyond the existing house wall. Staff had no objection. The Board found the criteria met: no adverse effect on adjacent properties, a similar existing nonconforming yard, and no encroachment on a right-of-way. Approved unanimously (5-0).
• Public Hearing – BZA 2744 (Greene Turtle, 11601 Coastal Highway): The applicant requested a special use exception for a one-day temporary event (June 18, 2026, 12 p.m. to 9 p.m.) to use seven of the 45 required off-street parking spaces for tables and high tops. The event is the 50th anniversary of the Greene Turtle. The applicant owns the majority of the condominium shares and had permission from other tenants. Staff recommended three conditions: (1) approval valid only for the date provided; (2) no more than seven parking spaces shall be utilized; (3) no patrons shall park in the drive aisle or outside the town’s pump station; the leased off-site lot may be used only in marked spaces. Approved unanimously (5-0) with staff conditions.

Key Outcomes

• BZA 2741 (703 Baltimore Avenue) – Postponed: The hearing for a special parking exception (reduced space width and tandem parking) was postponed and will be rescheduled with full re-noticing.
• Rules Amendment: Introduced for discussion; will be revisited at a future meeting for a formal vote.
• Next Meeting: No meeting on June 11, 2026. The next meeting is scheduled for June 25, 2026, with one or two applications expected.
• New Alternate Members: The Board welcomed two new alternate members appointed by the Mayor and City Council: Rich Grieger and Malcolm Kirk.