§ 27-312. Authority of Zoning Hearing Examiner in Special Exception cases.

(a)

The Zoning Hearing Examiner shall have the authority to approve or deny an application for Special Exception or variance in accordance with the following:

(1)

The Zoning Hearing Examiner shall have all the authority, discretion, and power given the District Council in this Part and in Part 3, Division 5, Subdivision 2, in the absence of a provision to the contrary.

(2)

The Zoning Hearing Examiner's decision on an application for Special Exception shall be final thirty (30) days after filing the written decision, except:

(A)

Where timely appeal has been made to the District Council pursuant to Section 27-131;

(B)

In those cases described in Sections 27-132(c)(1)(D) and 27-301. For these cases the Zoning Hearing Examiner shall transmit specific findings of fact, conclusions of law, and a recommended disposition of the case to the District Council for final decision;

(C)

In any case where, within thirty (30) days after receipt of the Zoning Hearing Examiner's decision, the District Council, upon its own motion and by a majority vote of the full Council, elects to make the final decision on the case itself; or

(D)

If the applicant, all persons of record, and the People's Zoning Counsel waive (in writing) their right of appeal, and the District Council, by majority vote of the full Council, has waived its right to make the final decision on the case pursuant to subparagraph (C), above. For these cases, the Zoning Hearing Examiner may direct that the decision become effective immediately, unless it is a case referred to in subparagraph (B), above.

(3)

With respect to any Special Exception or variance case finally decided by him, the Zoning Hearing Examiner shall possess:

(A)

The authority to approve site plan amendments in accordance with Section 27-324;

(B)

The authority to grant extensions of time in accordance with Section 27-326; and

(C)

The reconsideration powers given the District Council in Subdivision 11, below.

(b)

The Zoning Hearing Examiner does not have the authority granted to the District Council under Subdivision 12 of this Division.

(c)

The Zoning Hearing Examiner does not have the authority to grant or deny an application for Special Exception for an adaptive reuse of a surplus public school.

(CB-92-1992)