§ 27-133. Remand.

(a)

In general.

(1)

Within the time specified for final decision, the District Council may remand any zoning case heard by the Zoning Hearing Examiner back to the Examiner for clarification or for additional testimony. The Council may also remand any Zoning Map Amendment or Special Exception for a de novo proceeding where there is good cause. Where additional testimony is taken upon remand, there shall be a new or revised decision from the Office of Zoning Hearing Examiner, which shall be subject to Section 27-131.

(b)

Request.

(1)

When a request for oral argument is filed pursuant to the provisions of Section 27-131, any person of record may file a request for remand. The request shall be submitted (in writing) to the Clerk of the District Council not later than sixty (60) days after the Zoning Hearing Examiner has filed his decision on the case and at least fourteen (14) days prior to the scheduled argument. The request shall set forth the reasons for the remand. The person making the request shall send, by first class mail, a copy of the request to all persons of record. A certificate of service shall accompany the submission to the Clerk.

(2)

The District Council shall schedule argument on the requested remand prior to argument on the merits of the case.

(3)

Argument shall be restricted to the reasons for which the remand was requested and the need therefor. Argument shall also be limited to fifteen (15) minutes for each side, unless extended by the Chairman of the Council.

(4)

At the conclusion of the argument, the District Council may either: remand the case to the Zoning Hearing Examiner or to the Planning Board for de novo proceedings, citing the reasons therefor; or deny the requested remand, and either conduct the scheduled oral argument or direct the Clerk to schedule or reschedule oral argument on the merits of the case and so notify all persons of record. The denial of a request for remand made pursuant to Subsection (b) of this Section does not prohibit the District Council from subsequently remanding a case pursuant to either Subsection (a) or Subsection (c) of this Section.

(c)

Remand de novo.

(1)

The District Council's order for a de novo proceeding shall be in writing. The application shall be remanded to the Planning Board, and the time for a final decision shall begin to run anew from the date of the refiling of the application with the District Council (Section 27-132(d)).

(2)

Notwithstanding the requirements of Sections 27-145, 27-161, 27-181, 27-201, and 27-298, once the application has been remanded, it may be amended. Unless amendments or procedures are limited by the order of the District Council remanding the application, it shall be treated as a new application; however, if the application is subsequently withdrawn, the provisions of Sections 27-147, 27-163, 27-183, 27-203, and 27-300 (reapplication) shall apply.

(3)

In no case shall the remand order waive the requirement for a new Technical Staff Report.

(d)

Time for final decision.

(1)

Whenever the District Council remands an application, the time limits on final action shall begin to run anew from the date of refiling the application with the District Council in accordance with the provisions of Section 27-132(d).

(CB-88-1987; CB-55-1999; CB-1-2004)