Mission
The mission of the Office of Zoning and Administrative Hearings is to conduct quasi-judicial trial-type hearings that are fair, understandable, and accessible to all participants regardless of race, ethnicity, disability, and financial income. OZAH is committed to establishing policies, processes, and internal training to minimize unconscious bias, remove barriers for non-English speaking or disabled participants, and to mitigate barriers for those without financial resources to expend on the hearing process.
Duties and Responsibilities
The principal responsibility of the Office of Zoning and Administrative Hearings (OZAH) is to conduct due process administrative hearings on land use cases and other matters. These include applications for rezonings, development plan amendments and floating zone plan amendments; all conditional use applications (formerly known as special exceptions); and accessory dwelling unit objection and waiver cases arising out of the Department of Housing and Community Affairs. OZAH also presides over matters referred for hearing by the Human Rights Commission, the Commission on Common Ownership Communities, the County's Merit System Protection Board, the Office of Consumer Protection, and the Office of the Chief Administrative Officer in appeals arising under the County's Prevailing Wage Law.
Public Hearing Schedule, Access and Exhibits
Operations
- OZAH will accept e-mail filings provided a paper copy is mailed by U.S. mail and postmarked on the date of the e-mail submission.
- Signs for posting may be picked up by appointment only. Appointments must be coordinated through Sara Behanna at 240-777-6660.
- Requests to see particular documents in the official case record will be forwarded by e-mail when available. Applications may be viewed on the Planning Department website. Amendments and updates to the record may be viewed on “ Record Updates” page.
- Public hearings may be discontinued if OZAH cannot guarantee the safety of those attending. Hearings may be held remotely with public participation. The general public and parties should check OZAH’s website in advance of the public hearing to see whether the hearing will be continued or be held remotely.
- Weather Policy: When Montgomery County Schools are closed due to the weather, public hearings will not be held. When Montgomery County Schools announce a late opening, public hearings will be correspondingly delayed.
Frequently Used Resources
- OZAH Rules Governing Small Cell Tower Applications
- NEW - OZAH Rules of Procedure for Agency Referral and Accessory Dwelling Unit Cases , Adopted 10-30-18, in Council Resolution 18-1276 ** The new Rules of Procedure went into effect on October 18, 2018 for Agency Referral cases, and went into effect on January 15, 2019 for accessory apartment cases.
- Local Map Amendment and Conditional Use Fee Schedule - effective Jan. 25, 2022
- Information for Filing Applications for Local Map Amendments
- OZAH's Amended Land Use Rules of Procedure - effective April 25, 2017
- Form for Plan Certification Blocks in Rezoning Cases
- Zoning Ordinance ( County Code, Chapter 59)
- Zoning Map - effective October 30, 2014 (on the Montgomery Planning website)
- Zoning Code Companion Documents (on the Montgomery Planning website)
- Contact the Department Of Permitting Services for matters such as Requesting a Building Permit, Contacting a Zoning Specialist, Locating the Zoning Classification of Property and Zoning Setbacks.
- Contact the Department of Housing and Community Affairs for matters relating to Accessory Dwelling Unit licenses.
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.