§ 27-128. Dismissal of zoning cases.

(a)

Authorization.

(1)

The Zoning Hearing Examiner shall dismiss any zoning case described in Section 27-127, above, which has not reached public hearing by or within any of the following time periods, whichever is later:

(A)

Three (3) years after the application was filed;

(B)

May 7, 1985;

(C)

Two (2) years after final action on a Sectional Map Amendment, if processing of the zoning case was postponed until after that final action; or

(D)

Two (2) years after an application was remanded by the District Council.

(2)

The Zoning Hearing Examiner may (for good cause) grant extensions of the time periods listed above. More than one (1) extension may be granted. Each extension may be for not more than six (6) months.

(b)

Procedure.

(1)

At least thirty (30) days prior to dismissal, the Zoning Hearing Examiner shall send written notice of the proposed dismissal date to the applicant, the owner, and correspondent (at their addresses of record).

(2)

An order of dismissal by the Zoning Hearing Examiner shall be in writing, and shall be filed with the District Council. A copy of the order shall be sent to the Planning Board and all persons of record.

(3)

The order of dismissal shall terminate all proceedings in the case, unless appealed by the applicant or owner to the District Council within thirty (30) days after the date of dismissal. Each appeal shall be in writing and shall state specifically why the case should not be dismissed. An appellant shall give notice of his appeal to all persons sent notice of the order. The District Council shall consider the appeal within 90 days of its filing. The Council shall give at least ten (10) days notice of the time and place of the meeting at which the appeal will be considered. The notice shall be sent to the appellant and all other persons who were given notice of the order of dismissal. The appellant shall have the opportunity to appear before the Council to show why the case should not be dismissed. The Council shall either uphold the order of dismissal, or shall reverse the order and remand the case to the Zoning Hearing Examiner for further processing.

(4)

The provisions of Sections 27-147, 27-163, 27-183, 27-203, and 27-300 shall not apply to any zoning case which has been dismissed.