Board affirms planning decision: Brennan property not a farm; appeal denied

The Kent County Board of Adjustment affirmed the planning departmentdecision that the Brennan property at 2442 Jeb Road is not a farm under county code, voting unanimously to deny the application to designate the parcel as a farm.

The decision means the property will continue to be treated as a residential parcel for purposes of local regulations that limit backyard poultry and similar uses unless further administrative steps or separate appeals change that outcome.

Attorney John Pardee, representing Donna and Jeffrey Brennan, argued the countys zoning framework does not permit the planning office to bar agricultural uses on land zoned Agricultural Conservation (AC) and that the Brennan flock is a lawful agricultural use. Pardee cited the Delaware Constitution and a Delaware court precedent to argue counties may not prohibit agricultural uses on agriculturally zoned property. "Kent County has no legal authority…