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Merit Systems Protection Board

Mission

The mission of the Office of Zoning and Administrative Hearings 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.
 


Duties and Responsibilities

The OZAH performs a quasi-judicial function which involves the processing of applications for individual zoning and special exception requests, and conducting administrative hearings for Executive and Legislative Branch agencies.

  1. OZAH is responsible for collecting filing fees and maintaining a current monthly hearing docket.
  2. OZAH is also responsible for ensuring that applications contain required information, that proper notice is given to all interested parties, that adequate pre-hearing disclosure is made, that parties are accorded an opportunity to testify and cross-examine witnesses, and that the record includes all pertinent materials.
  3. The hearing examiner must prepare and issue a report containing findings of fact and conclusions of law based on the evidence of the record which is referred to the ultimate decision maker (i.e., the County Council, the Board of Appeals, or other agencies using the hearing examiner's services).  
  4. OZAH issues a quarterly report of political contributions by zoning applicants and a quarterly report of workload and performance.

Frequently Used Resources

NEW - Proposed Rules of Procedure for Zoning, Conditional Use and BOA Referral Cases

On July 29, 2014, the Office of Zoning and Administrative Hearings introduced to the County Council proposed rules of procedure for zoning, conditional use and Board of Appeals referral cases.  Council will vote on the proposed rules September 9, 2014, and, if approved, they will go in effect on October 30, 2014.  

Read the Proposed Rules of Procedure for Zoning, Conditional Use and BOA Referral Cases

 


Accessory Apartments - New Regulations Effective May 20, 2013

Montgomery County has created a new filing process for Accessory Apartments designed to streamline the licensing process, making it easier for owners to pursue this option and increase the supply of affordable housing in the County.  


Class 3 accessory apartment licenses are now issued by the Department of Housing and Community Affairs, Licensing and Registration.  This new license type is for accessory apartments that do not have a special exception approved before May 20, 2013.

Please click here to go to the Department of Housing and Community Affairs page for more information on the process of applying for an accessory apartment license. 


Weather Policy

When Montgomery County Schools are closed due to the weather, OZAH hearings will not be held. When Montgomery County Schools announce a late opening, OZAH hearings will be correspondingly delayed.




Montgomery County Council, 100 Maryland Ave, Rockville MD 20850
Phone: (240) 777-7900 (voice) • (240) 777-7888 (fax) • (MD Relay) Dial 711 or 800-201-7165
Contact the County Council and Legislative Branch Offices