Bel Air expands ban on Jersey barriers and barbed wire; director of public works given exception authority

The Bel Air Board of Town Commissioners received an ordinance Feb. 17 that would expand prohibitions on Jersey barriers and barbed wire across all zoning districts and give the director of public works authority to grant exceptions.

Planning staff member Mr. Small told commissioners the amendment expands an earlier prohibition that applied only to certain form-based zones. "We went back and looked at it and just decided that it's probably appropriate for the director of public works to decide that and not on a temporary basis," Mr. Small said, adding that the director could make an exception lasting "6 months or it can be permanent." Commissioner Taylor asked whether a director's decision would be appealable; staff answered that a denial would go to the board of appeals for review.

Board members pressed staff on how the change would affect businesses that currently have barbed wire or Jersey barriers. Mr. Small said existing installations would be nonconforming and that owners would only need to seek a permit if they sought to expand or alter their fence: "If somebody already had a fence and they wanted to make sure it's no longer nonconforming, it'd be a matter of them filling out a fence application," he said. Commissioners noted that the process to cure a nonconforming use would be administrative and not onerous.

The ordinance also adds minor decision criteria for the director to consider when reviewing exception requests. Commissioners discussed that the board of appeals would act as an appellate review board for such permit decisions.

The board voted to receive the ordinance unanimously. The action was procedural receipt of the ordinance; further hearings or final adoption steps were not recorded at this meeting.