3224

COUNTY LOCAL LAWS

EVIDENCE TO SUPPLY A DEFECT IN PROOF.

SECTION 707. DECISIONS IN ZONING CASES.

(A) THE FINAL DECISION OF THE COUNCIL IN ANY
ZONING CASE SHALL BE BASED SOLELY UPON RECORD
EVIDENCE, AND SHALL BE SUPPORTED BY SPECIFIC WRITTEN
FINDINGS OF BASIC FACTS AND CONCLUSIONS OF LAW.

(B) THE VOTES OR ABSTENTIONS THEREON
MEMBERS OF THE COUNCIL MUST BE RECORDED.

OF ALL

(C)    THE DECISION, FINDINGS, CONCLUSIONS AND
VOTES OF THE COUNCIL THEREON SHALL BE SERVED UPON ALL
PERSONS OF RECORD.

(D)    A MAJORITY VOTE OF THE FULL COUNCIL SHALL
BE NECESSARY TO GRANT ANY ZONING MAP AMENDMENT OR
SPECIAL EXCEPTION TO A ZONING REGULATION.

(E)    WHERE ANY APPLICATION FOR A ZONING MAP
AMENDMENT OR SPECIAL EXCEPTION TO A ZONING REGULATION
CONFLICTS WITH THE REQUIREMENTS OF A MASTER PLAN, OR
WITH THE RECOMMENDATION OF A MUNICIPALITY RESPECTING
LAND WITHIN ITS BOUNDARIES, OR WITH THE RECOMMENDATION
OF ANY AGENCY CHARGED WITH MAKING RECOMMENDATIONS IN
ZONING CASES, SAID APPLICATION MAY BE GRANTED ONLY
UPON THE AFFIRMATIVE VOTE OF TWO-THIRDS OF THE FULL
COUNCIL.

(F)    APPLICATIONS IN ZONING CASES ON WHICH A
DECISION HAS NOT BEEN FINALLY RENDERED WITHIN 90
CALENDAR DAYS FROM THE CONCLUSION OF THE HEARING BY
THE COUNCIL OR FROM THE FILING AND SERVICE OF A
HEARING EXAMINER'S DECISION IN CASES HEARD BY A
HEARING EXAMINER, AS HEREINAFTER PROVIDED, SHALL
AUTOMATICALLY BE CONSIDERED TO HAVE BEEN DENIED BY THE
COUNCIL.

SECTION 708. RESTRICTIONS IN ZONING CASES.

(A)    NO AMENDMENT TO AN APPLICATION IN A ZONING
CASE SHALL BE PERMITTED AFTER NOTICE OF PUBLIC HEARING
IS GIVEN.

(B)    NO APPLICATION FOR A ZONING MAP AMENDMENT
OR SPECIAL EXCEPTION TO A ZONING REGULATION MAY BE
FILED ON SUBSTANTIALLY THE SAME LAND UNTIL TWO
CALENDAR YEARS HAVE ELAPSED AFTER ACTION, INCLUDING
APPELLATE REVIEW, SHALL HAVE BEEN COMPLETED UPON ANY