Board of Appeals rules updates approved after staff explanation and fee questions

The Calvert County Board of County Commissioners on July 9 approved revisions to the Board of Appeals rules of procedure, accepting reorganized language on evidence submittal, refunds, and public notices. Jason Brinkley, deputy director of Planning & Zoning and Board of Appeals administrator, told commissioners the Board of Appeals approved the changes in February and that local ordinance requires county approval before enactment. "These changes were approved by the Board of Appeals back in February, and now necessitate your approval," Brinkley said.

Maureen Dahl, Board of Appeals coordinator, described the types of cases the board hears — general variances for setbacks, critical area variances tied to shoreline protections, and special exceptions for home occupations and limited livestock requests. Lisa Kreps, clerk to the Board of Appeals, said the updates reorganize and clarify prior rules, including moving exhibit submittal language to improve navigation and adding a refunds subsection. A notable public-notice revision requires reposting signs and re-notifying affected property owners whenever a case is continued or postponed.

Commissioners pressed staff on fees and timing. When asked if multiple variances filed on one application incur multiple fees, Kreps said applicants pay per variance plus a referral fee; Dahl added that separate findings and votes are required for each variance or critical-area request. Kreps also explained refund rules: if an applicant withdraws before advertising they receive a full refund minus the referral fee; if the withdrawal occurs after advertising no refund is given unless an administrative error is later found.

After additional clarifying questions about site visits, refund triggers and processing timelines, Commissioner (speaker 5) moved to approve the proposed amendments; the motion was seconded and adopted by voice vote. The commission’s approval enacts the rules as updated by the Board of Appeals and directs Planning and Zoning staff to implement the clarified notice, refund and evidence procedures.

The approval concludes a multi-step process that began with Board of Appeals consideration in February and will affect how variances, continuances, and special exceptions are noticed and processed going forward.