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Mission Statement

The mission of the Board of Appeals is to implement the flexibility provided in the Zoning Ordinance as approved by the County Council and to assist County residents in understanding and participating in the special exception, variance, and administrative appeal processes.

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Budget Overview

The total approved FY18 Operating Budget for the Board of Appeals is $541,752, a decrease of $52,225 or 8.79 percent from the FY17 Approved Budget of $593,977. Personnel Costs comprise 91.15 percent of the budget for three full-time position(s) and no part-time position(s), and a total of 3.50 FTEs. Total FTEs may include seasonal or temporary positions and may also reflect workforce charged to or from other departments or funds. Operating Expenses account for the remaining 8.85 percent of the FY18 budget.

Consistent with the County Charter, the County Executive makes recommendations on the operating budget for all County departments, offices, and agencies. However, recognizing the Charter-defined roles, the Executive defers significantly to Legislative and Judicial Branch agencies. Questions regarding the approved budgets for Legislative Branch departments should be directed to Mary Jane Berry, 240-777-7930.

Linkage to County Result Areas

While this program area supports all eight of the County Result Areas, the following is emphasized:

  • A Responsive, Accountable County Government

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Department Performance Measures

Performance measures for this department are included below (where applicable). The FY17 estimates reflect funding based on the FY17 approved budget. The FY18 and FY19 figures are performance targets based on the FY18 approved budget and funding for comparable service levels in FY19.

MeasureActual
FY15
Actual
FY16
Estimated
FY17
Target
FY18
Target
FY19
Program Measures
Number of Administrative Appeals filed711111111
Number of pre-hearing conferences heldN/A9999
Number of Administrative Appeals heard29999
Number of Administrative Appeals decided108888
Average days to Administrative Appeals hearing notice 1411111111
Average days to Administrative Appeals hearing (minimum of 30 days notice required) 24671717171
Average days to issue written Administrative Appeals decisions (within 45 days of close of record unless extended) 32137373737
Number of Variances filed2617171717
Number of Variances heard2316161616
Number of Variances decided1319191919
Average days to Variance hearing notice78888
Average days to Variance hearing (within 60 days of accepting application) 42248484848
Average days to issue Variance decision (within 30 days of close of record unless extended) 52820202020
Number of requests for Oral Argument in Conditional Use cases 6N/A5555
Number of requests for Oral Argument grantedN/A3333
Number of Conditional Use cases decidedN/A4444
Average days to issue Conditional Use decision (must issue within 30 days of voting on the matter unless extended)N/A16161616
Number of Circuit Court appeals processedN/A5555
Number of Worksessions held2223232323
Number of Administrative Actions taken 7166190190190190
Average days to Worksession Resolutions2621212121
1  County Code requires mailing of written notice a minimum of 30 days before the scheduled hearing date.
2  County Code requires that the hearing on an administrative appeal be held no fewer than 30 days after issuance of written notice of the hearing.
3  Board of Appeals Rule 9.1 requires issuance of administrative appeal opinions within 45 days of close of record.
4  Section 59-7.3.2.C of the Zoning Ordinance requires the Board to schedule a hearing within 60 days after receiving an application.
5  Board of Appeals Rule 9.1 requires issuance of variance opinions within 30 days of close of record.
6  The Board has appellate jurisdiction over all conditional use cases in which oral argument is requested.
7  Matters considered and/or decided at worksessions include, but are not limited to, preliminary motions in Administrative Appeals, requests for major modifications (following the issuance of a report and recommendation by the Office of Zoning and Administrative Hearings) and administrative modifications of existing special exceptions, requests for by-right hearings, requests for oral argument regarding appeals of conditional use decisions, requests for the revocation of special exceptions, requests for the reconsideration of earlier Board decisions, requests for show cause hearings, complaints regarding the operation of special exceptions, inspection reports from the Department of Permitting Services and the Department of Housing and Community Affairs regarding such complaints, and the submission of documents fulfilling various Board-imposed reporting requirements.

Program Descriptions

  Zoning Related Hearings and Administrative Appeals

The Board of Appeals hears requests for variances and appeals of conditional uses decided by the Hearing Examiner as provided in the Zoning Ordinance. The Zoning Ordinance requires that certain uses be considered for approval by the Hearing Examiner. Development standards for each zone are also set by the Zoning Ordinance. Variances from these standards require approval by the Board. The Board of Appeals also holds hearings and rules on appeals from administrative actions of certain governmental departments and agencies, as provided in the County Code. Finally, the Board considers modifications to those special exceptions that were filed or approved before the October 30, 2014 changes to the Zoning Ordinance.

Budget Trends
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Program Contacts

Contact Barbara Jay of the Board of Appeals at 240.777.6604 or Trevor Lobaugh of the Office of Management and Budget at 240.777.2763 for more information regarding this department's operating budget.

Related Links
Budget Summary
TitleActual
FY16
Budget
FY17
Estimate
FY17
Approved
FY18
%Chg
Bud/App
COUNTY GENERAL FUND
EXPENDITURES
Salaries and Wages410240.00411008.00 395475.00 402398.00-2.1
Employee Benefits115087.00134892.00 134644.00 91422.00-32.2
County General Fund Personnel Costs525327.00545900.00 530119.00 493820.00-9.5
Operating Expenses35580.0048077.00 25532.00 47932.00-0.3
County General Fund Expenditures560907.00593977.00 555651.00 541752.00-8.8
PERSONNEL
Full-Time3.003.00 3.00 3.000.0
Part-Time0.000.00 0.00 0.000.0
FTEs3.503.50 3.50 3.500.0
REVENUES
Board of Appeals Fees158156.00306334.00 164413.00 164413.00-46.3
Other Charges/Fees2550.000.00 0.00 0.000.0
County General Fund Revenues160706.00306334.00 164413.00 164413.00-46.3
FY18 Approved Changes
TitleExpendituresFTEs
COUNTY GENERAL FUND
FY17 ORIGINAL APPROPRIATION5939773.50
Other Adjustments (with no service impacts)
Increase Cost: FY18 Compensation Adjustment92700.00
Increase Cost: Stipend Increase for Board Members8150.00
Decrease Cost: Printing and Mail-1450.00
Decrease Cost: Retirement Adjustment-9600.00
Decrease Cost: Annualization of FY17 Personnel Costs-612050.00
FY18 APPROVED5417523.50
Future Fiscal Impacts ($000s)
TitleFY18FY19FY20FY21FY22FY23
COUNTY GENERAL FUND
EXPENDITURES
FY18 Approved542.000000542.000000542.000000542.000000542.000000542.000000
No inflation or compensation change is included in outyear projections.
Labor Contracts0.0000003.0000003.0000003.0000003.0000003.000000
These figures represent the estimated annualized cost of general wage adjustments, service increments, and other negotiated items.
Subtotal Expenditures542.000000545.000000545.000000545.000000545.000000545.000000