Board of Appeals upholds planning director in Drift Inn off-site sign appeal

The St. Mary's County Board of Appeals on April 14 upheld the planning director's decision that an off-site advertising sign for the Drift Inn was permitted in error and did not comply with the county’s comprehensive zoning ordinance.

The board voted to affirm the director’s ruling after reviewing written memoranda and testimony from staff and the applicant. The motion, made during a continuation of ZAAP 8-2359, directs staff to prepare an order reflecting the board’s decision; the order must be signed within 60 days and will be subject to a 30-day appeal period from the signature date.

A staff attorney told the board in a written memorandum that “government…is not, as harsh as it may sound, bound by its own mistakes,” noting that a mistakenly issued permit does not legally validate the permit unless classic vested-rights criteria are met. Several board members discussed alternative outcomes, including allowing a smaller directional sign, but legal counsel advised the appeal hearing standard differs from a variance proceeding and that the board would be “very hard put” to find facts supporting reversal of the director’s decision.

Board members debated the visual character and square footage of the sign. One member described the sign as still serving a directional purpose despite being moved and said he did not find it “an eyesore.” Other members emphasized that off-site advertising is prohibited in the ordinance and that the sign’s size exceeded the permitted directional size. Several members suggested a compromise 12-square-foot directional sign, while legal counsel reiterated that the appeal is limited to whether the director's administrative decision complied with the ordinance.

The board approved a motion to uphold the planning director’s decision (motion moved by Wayne Nadinski; seconded by George Edmonds). Staff will prepare an order documenting the board’s findings; the order will be mailed to parties once signed. The board noted any action taken before the appeal period expires would be at the parties’ risk.

The board recessed briefly to review findings of fact prepared by the legal department and then voted to amend the motion to adopt those findings into the record. The order will be available for appeal to the circuit court within the 30-day statutory appeal period once signed.

The decision specifically concerns ZAAP 8-2359 and determination of whether the subject off-site advertising sign complied with Chapter 23 of the comprehensive zoning ordinance; the record and the board’s written order will be the basis for any subsequent appeals.