§ 27-127. Powers and duties to conduct hearings.

(a)

The Zoning Hearing Examiner shall conduct hearings for the following categories of zoning cases:

(1)

Applications for Zoning Map Amendments under Division 2 of Part 3;

(2)

Applications for special exceptions under Part 4, including applications for variances in conjunction with the Special Exceptions;

(3)

Petitions for revocation or modification of Special Exceptions, and the accompanying revocation of use and occupancy permits under Section 27-328;

(4)

Applications for the validation of permits issued in error under Section 27-258;

(5)

Fence waivers for nonconforming junk yards under Section 27-247(e);

(6)

Requests for authorization of the issuance of permits, including those submitted in conjunction with the approval of a Special Exception, Detailed Site Plan, Specific Design Plan, or Departure, for the construction of buildings within planned highways and transit routes under Section 27-259;

(7)

Requests for a reduction of the minimum area required for the construction of attached dwellings under Section 27-433(h);

(8)

Amendment of decisions, including amendment of conditions or site plans processed under Section 27-135;

(9)

Annulments of Map Amendment approvals for noncompliance with conditions;

(10)

Amendments of approved Basic Plans;

(11)

Reviews of certifications of nonconforming uses;

(12)

Amendments of approved Special Exceptions under Section 27-324;

(13)

Amendments of Special Exception site plans under Division 3 of Part 4;

(14)

Reconsideration of Special Exception final decisions under Section 27-327;

(15)

Complaints regarding medical practitioners' offices in one-family dwellings and racetracks;

(16)

Parking waivers under Section 27-585;

(17)

Appeals from decisions of the Historic Preservation Commission under Subtitle 29;

(18)

Zoning cases subject to the procedures of Subtitle 27A of the County Code;

(19)

Applications for Permit Site Plans involving deviations or variances as specified in Subtitle 27A of the County Code; and

(20)

Any other case for which the District Council directs that a hearing be held by the Zoning Hearing Examiner.

(b)

The Zoning Hearing Examiner shall conduct a complete public hearing on the case in question, subject to all the requirements and restrictions imposed by law upon the District Council. The Examiner is empowered to swear witnesses and to issue subpoenas for witnesses and documents.

(c)

After the conclusion of the hearing, the Zoning Hearing Examiner shall prepare and serve upon all persons of record a written decision containing specific findings of basic facts, conclusions of law, and either a recommended disposition of the case or, pursuant to Section 27-312, a final decision. This decision shall be filed with the District Council at this same time.

(CB-64-1989; CB-15-1993; CB-56-1993; CB-74-1994; CB-2-2010)