§ 27-131. Oral argument and appeals from Zoning Hearing Examiner's decision.

(a)

Authorization.

(1)

With the exception of zoning cases for which an alternative appeal process is otherwise specified, any person of record or the People's Zoning Counsel may file with the District Council, within thirty (30) days after the Zoning Hearing Examiner files his written decision in a zoning case:

(A)

An appeal from the Zoning Hearing Examiner's decision in a special exception case finally decided by the Zoning Hearing Examiner;

(B)

Exceptions to the Zoning Hearing Examiner's decision in any other zoning case; or

(C)

A request for oral argument before the District Council on either (A) or (B), above.

(b)

Form and content of request.

(1)

Exceptions, appeals, and requests for oral argument shall be submitted (in writing) to the Clerk of the District Council. A copy shall be sent by the submitter to all persons of record (by regular mail), and a certificate of service shall accompany the submission to the Clerk.

(2)

Exceptions, appeals, and requests for oral argument shall be numbered in sequence and shall specify the error which is claimed to have been committed by the Examiner. Those portions of the record relied upon to support the claim shall be specified.

(c)

Council action.

(1)

The District Council shall consider the exception or appeal at the time it takes final action on the case.

(2)

The District Council may conduct oral argument in those zoning cases which the District Council elects to review and in those zoning cases in which an appeal or exceptions are not filed and the Council must make the final decision.

(d)

Opposition persons of record.

(1)

When a request for oral argument is filed by a person of record, all other persons of record may also make oral argument or written submission in opposition. Copies of any written material to be submitted in support of this opposition position shall be filed with the Clerk of the Council (along with a certification of service upon the persons requesting oral argument) no later than five (5) days before the oral argument date.

(e)

Time limitation for speakers.

(1)

Oral argument at the hearing shall be limited to thirty (30) minutes for each side, unless extended by the Chairman of the Council. Persons wishing to give oral argument shall advise the Clerk of the Council prior to the hearing. Prior to the hearing, the Chairman shall divide the time, as deemed appropriate, and advise the speakers accordingly.

(f)

New evidence.

(1)

Persons of record may not introduce evidence not already in the record. The Council may, however, either upon written request by a person of record or upon its own motion, remand a case to the Zoning Hearing Examiner for the purpose of reopening the record to receive and evaluate additional evidence. (See Section 27-133.) In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.

(g)

Order of presentation.

(1)

The order of presentation before the Council (unless otherwise specified by the Chairman) shall be:

(A)

Orientation by the Technical Staff and the Principal Counsel to the District Council (or an authorized representative);

(B)

Oral argument against the decision of the Examiner;

(C)

Oral argument in favor of the decision of the Examiner;

(D)

Rebuttal by those against the decision;

(E)

Rebuttal by those in favor of the decision.

(2)

Oral argument shall be limited to persons of record, the People's Zoning Counsel, and those individuals who testified before the Zoning Hearing Examiner.

(CB-4-1989; CB-56-1993; CB-99-1996; CB-61-1997; CB-1-2004)