3223

PRINCE GEORGE'S COUNTY

EXCEPTION TO A ZONING REGULATION MAY BE GRANTED, THESE
SHALL BE A PUBLIC HEARING THEREON BEFORE EITHER THE
COUNCIL OR A ZONING HEAPING EXAMINES, APPOINTED
PURSUANT TO THE PROVISIONS OF THIS CHARTER. SAID
HEARING MAY BE HELD ONLY UPON PUBLIC NOTICE OF THE
TIME AND PLACE OF THE HEARING GIVEN AT LEAST THIRTY
CALENDAR DAYS IMMEDIATELY PRECEDING THE HEARING.

(E) ALL APPLICATIONS IN A ZONING CASE, AND ANY
AMENDMENTS THERETO, SHALL CONTAIN SPECIFIC ALLEGATIONS
SETTING FORTH THE PRECISE LEGAL BASIS FOR, AND THE
PUBLIC PURPOSE TO BE SERVED BY, THE GRANTING OF THE
REQUEST. ALL APPLICATIONS MUST DISCLOSE THE NAMES AND
ADDRESSES OF ALL PERSONS HAVING A LEGAL OR EQUITABLE
INTEREST IN THE PROPERTY WHICH IS THE SUBJECT OF A
ZONING CASE, INCLUDING SHAREHOLDERS OWNING MORE THAN
FIVE PERCENT OF THE STOCK IN ANY CORPORATION HAVING
SUCH INTEREST IN ANY LAND INVOLVED IN THE APPLICATION,
EXCEPTING THOSE CORPORATIONS WHICH ARE LISTED AND
REGULARLY TRADED ON A RECOGNIZED STOCK EXCHANGE.

(C) ALL PERSONS WHO APPEAR TO TESTIFY IN ANY
ZONING CASE SHALL BE SWORN, AND REASONABLE
CROSS-EXAMINATION OF WITNESSES SHALL BE PERMITTED.

(D)    UPON REQUEST OF ANY PERSON OF RECORD, THE
COUNCIL SHALL EMPLOY ITS SUBPOENA POWER TO COMPEL THE
ATTENDANCE OF WITNESSES AND THE PRODUCTION OF RELEVANT
BOOKS AND RECORDS. THE COUNCIL MAY EXCUSE A WITNESS
FROM ATTENDANCE UPON A SHOWING BY THE WITNESS THAT THE
PLACING OF SAID WITNESS UNDER SUBPOENA HAS FRIVOLOUS

OR OPPRESSIVE.

(E)    A COMPLETE TRANSCRIPT CONTAINING ALL RECORD
EVIDENCE, INCLUDING EXHIBITS, SHALL BE PREPARED IN
EACH ZONING CASE. THE RECORD IN ANY ZONING CASE SHALL
INCLUDE A TECHNICAL STAFF REPORT, ALL COMMUNICATIONS
TO ANY PUBLIC OFFICIAL OR AGENCY CONCERNING THE
APPLICATION, A CURRENT LAND-USE INVENTORY, AND
SPECIFIC FACTUAL AND STATISTICAL DATA FROM OFFICIAL
SOURCES INDICATING THE IMPACT UPON PUBLIC FACILITIES
BY THE REQUESTED ZONING MAP AMENDMENT OR SPECIAL
EXCEPTION TO A ZONING REGULATION.

(F)    THE BURDEN OF PROOF IN ANY ZONING CASE
SHALL BE UPON THE APPLICANT. AFTER THE CLOSE OF AN
EVIDENTIARY HEARING IN ANY ZONING CASE BEFORE EITHER
THE COUNCIL OR THE ZONING HEARING EXAMINER, AS THE
CASE MAY BE, SAID HEARING SHALL NOT THEREAFTER BE
REOPENED FOR THE PURPOSE OF ADDUCING ADDITIONAL