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Mission Statement

The mission of the Office of Zoning and Administrative Hearings (OZAH) is to conduct due process hearings in land use and other administrative matters in a manner that protects the rights of the participants, provides a complete record in each case, results in a thorough and balanced report or decision and serves the public interest.

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Budget Overview

The total recommended FY20 Operating Budget for the Office of Zoning and Administrative Hearings is $686,084, a decrease of $17,975 or 2.55 percent from the FY19 Approved Budget of $704,059. Personnel Costs comprise 91.26 percent of the budget for four full-time position(s) and no part-time position(s), and a total of 4.00 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 8.74 percent of the FY20 budget.

County Priority Outcomes

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

  • Effective, Sustainable Government

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Department Performance Measures

Performance measures for this department are included below (where applicable). The FY19 estimates reflect funding based on the FY19 approved budget. The FY20 and FY21 figures are performance targets based on the FY20 recommended budget and funding for comparable service levels in FY21.

MeasureActual
FY17
Actual
FY18
Estimated
FY19
Target
FY20
Target
FY21
Average time from filing a case until the first hearing date is scheduled (months) 144444
Number of Hearing Examiner decisions overturned on appeal 200000
Percentage of all legal deadlines and requirements met100100100100100
Percentage of Hearing Examiner recommendations accepted by County Council, the Human Rights Commission, the CAO, and the Board of Registration and the percentage of Hearing Examiner decisions upheld by the Board of Appeals100100100100100
Total cases completed 33225252525
1  Hearings in land-use cases are initially scheduled within 4 months of filing. When the hearings are delayed, it is almost always at the request of the applicant to accomplish changes in the applicant's plans required by the Planning Department.
2  At this time, no OZAH cases are pending in the courts. The Maryland Court of Special Appeals upheld the findings of OZAH Hearing Examiners in three cases in FY18. One of the cases is a human rights matter (Erik Belfiore v. Merchant Link, LLC, 236 Md. App. 32, 180 A.3d 230 (2018)). Two are land use cases (Brandywine Senior Living at Potomac LLC, et al. v. Ronald A. Paul., 237 Md.App. 195, 184 A.3d 48 (2018); and Costco Wholesale Corp. v. Montgomery County, Maryland, et al., Ct of Special Appeals No. 2450, OZAH Case No. S-2863).
3  The number of new cases filed in FY18 (25) was a decrease from FY17 (33), but slightly greater than the number of cases filed in FY16 (24). The current projections for new cases for future fiscal years is estimated to be 25 per year.

Program Descriptions

  Zoning and Administrative Hearings

The Hearing Examiner receives applications for certain zoning matters decided by the County Council; schedules and conducts public hearings; prepares and issues reports and recommendations for County Council action; receives applications, hears and decides special exception and conditional use cases; schedules and conducts referral hearings from other departments, such as...

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Budget Trends
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Program Contacts

Contact Martin Grossman of the Office of Zoning and Administrative Hearings at 240.777.6667 or Philip Weeda of the Office of Management and Budget at 240.777.2780 for more information regarding this department's operating budget.

Related Links
Budget Summary
TitleActual
FY18
Budget
FY19
Estimate
FY19
Recommended
FY20
%Chg
Bud/Rec
COUNTY GENERAL FUND
EXPENDITURES
Salaries and Wages486261.00496191.00 513109.00 507478.002.3
Employee Benefits103515.00110000.00 102172.00 118631.007.9
County General Fund Personnel Costs589776.00606191.00 615281.00 626109.003.3
Operating Expenses76303.0097868.00 5804.00 59975.00-38.7
County General Fund Expenditures666079.00704059.00 621085.00 686084.00-2.6
PERSONNEL
Full-Time4.004.00 4.00 4.000.0
Part-Time0.000.00 0.00 0.000.0
FTEs4.004.00 4.00 4.000.0
REVENUES
Other Charges/Fees5000.000.00 0.00 0.000.0
Zoning Fees48886.0065000.00 65000.00 65000.000.0
County General Fund Revenues53886.0065000.00 65000.00 65000.000.0
FY20 Recommended Changes
TitleExpendituresFTEs
COUNTY GENERAL FUND
FY19 ORIGINAL APPROPRIATION7040594.00
Other Adjustments (with no service impacts)
Increase Cost: FY20 Compensation Adjustment137280.00
Increase Cost: Annualization of FY19 Personnel Costs32750.00
Increase Cost: Retirement Adjustment29150.00
Decrease Cost: Temporary Clerical Services [Zoning and Administrative Hearings]-10000.00
Decrease Cost: Contract Hearing Examiners [Zoning and Administrative Hearings]-48240.00
Decrease Cost: Transcription Services [Zoning and Administrative Hearings]-80000.00
Decrease Cost: Elimination of One-Time Items Approved in FY19-100000.00
Decrease Cost: Consultant Services [Zoning and Administrative Hearings]-140690.00
FY20 RECOMMENDED6860844.00
Future Fiscal Impacts ($000s)
TitleFY20FY21FY22FY23FY24FY25
COUNTY GENERAL FUND
EXPENDITURES
FY20 Recommended686.000000686.000000686.000000686.000000686.000000686.000000
No inflation or compensation change is included in outyear projections.
Labor Contracts0.0000002.0000002.0000002.0000002.0000002.000000
These figures represent the estimated annualized cost of general wage adjustments, service increments, and other negotiated items.
Subtotal Expenditures686.000000688.000000688.000000688.000000688.000000688.000000