Budget Year / Version:

Program Description

  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.

Program Contacts

Contact Barbara Jay of the Board of Appeals at 240.777.6604 or Helen P. Vallone of the Office of Management and Budget at 240.777.2755 for more information regarding this department's operating budget.


Program Performance Measures

Program Performance MeasuresActual FY16Actual FY17Estimated FY18Target FY19Target FY20
Number of Administrative Appeals filed115555
Number of pre-hearing conferences held96666
Number of Administrative Appeals heard93333
Number of Administrative Appeals decided85555
Average days to Administrative Appeals hearing notice 11116161616
Average days to Administrative Appeals hearing (minimum of 30 days notice required) 27154545454
Average days to issue written Administrative Appeals decisions (within 45 days of close of record unless extended) 33728282828
Number of Variances filed1727272727
Number of Variances heard1622222222
Number of Variances decided1921212121
Average days to Variance hearing notice810101010
Average days to Variance hearing (within 60 days of accepting application) 44842424242
Average days to issue Variance decision (within 30 days of close of record unless extended) 52014141414
Number of requests for Oral Argument in Conditional Use cases 652222
Number of requests for Oral Argument granted31111
Number of Conditional Use cases decided42222
Average days to issue Conditional Use decision (must issue within 30 days of voting on the matter unless extended)1616161616
Number of Circuit Court appeals processed57777
Number of Worksessions held2322222222
Number of Administrative Actions taken 7190167167167167
Average days to Worksession Resolutions2116161616
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 Budget Changes

FY19 Recommended ChangesExpendituresFTEs
FY18 Approved5417523.50
Multi-program adjustments, including negotiated compensation changes, employee benefit changes, changes due to staff turnover, reorganizations, and other budget changes affecting multiple programs.174780.00
FY19 Recommended5592303.50