§ 27-139.01. Powers and duties.

(a)

To protect the public interest and achieve a full and fair presentation of relevant issues, the People's Zoning Counsel shall have the right to appear on behalf of the interests of the public in general, to defend any duly enacted General Plan, Master Plan, or comprehensive zoning maps as adopted by the District Council, and in any matter involving zoning reclassification or any Special Exception. The People's Zoning Counsel may appear before:

(1)

The Zoning Hearing Examiner or the District Council (for oral argument hearings or evidentiary hearings) if the matter involves a zoning case or a Permit Site Plan involving deviations or variances as specified in Subtitle 27A of the County Code;

(2)

The Planning Board if the matter involves a Comprehensive Design Plan, Development District Overlay Zone, an appeal pertaining to the Urban Centers and Corridor Nodes Development and Zoning Code, or a Transit District Overlay Zone; or

(3)

The Board of Appeals if the matter involves a variance.

(b)

The People's Zoning Counsel may prosecute an application before any state or federal court for injunctive or other relief incidental thereto, to enjoin violation of any zoning map or Master Plan or as specifically authorized by the District Council.

(c)

To participate in any proceeding under Subsection (a), the People's Zoning Counsel shall file a notice of intention to participate. After the notice is filed, the People's Zoning Counsel is entitled to all notices provided to parties of record and may participate by making motions, introducing evidence, examining witnesses, cross-examining witnesses, filing exceptions and making arguments as the law and evidence in the case may warrant. The People's Zoning Counsel shall provide a copy of the notice of intention to participate to all persons who are then parties of record to the matter. In the People's Zoning Counsel's discretion, the Counsel may withdraw from, or decline to participate in, any proceeding in which the Counsel may participate in under Subsection (a). The People's Zoning Counsel is not liable to any person for participating in, or declining to participate in, any proceeding.

(d)

The People's Zoning Counsel shall have in each appearance all rights of counsel for a party of record, including, but not limited to the right to file and prosecute an appeal to the courts as an aggrieved party to promote and protect the health, safety, and welfare of the community.

(e)

The Deputy People's Zoning Counsel shall act for the People's Zoning Counsel at the direction of the People's Zoning Counsel or when the People's Zoning Counsel is unable to serve.

(CB-19-2003; CB-10-2004; CB-2-2010)