02/01/94 - Laserfiche WebLink

Home

Page Seven THE ZONING REPORT "B. Variances: . . . The Hearing Examiner shall near and decide all requests for variances from the terms of the regulations or restrictions of this [zoning] ordinance and such other ordinan- ces as may be assigned to him by the Board of County Commissioners except that no use vari- ance shall be heard or considered... "C. Special Exceptions: . , . The Hearing Exam- iner shall hear and decide all applications for Special Exceptions permitted by the district use regulations.. · D. Zoning Matters: . . . Regarding zoning mat- ters, the Hearing Examiner shall have the lowing prescribed duties and responsibilities: "a. Prepare recommendations ior changes or amendments relating to the boundaries of the various zoning districts or to the regulations applicable thereto, to the Board of County Commissioners· "b. Make recommendations on the fo]towing to the Board o! County Commissioners: "1) Applications for rezonings, including Devel- opments of Count)' impact, Planned Unit Devel- opments and Planned Developments; "2) Applications for Developments of Regional impact approval which may or may not include a request for rezoning; ~4) Other special exceptions and variances which are submitted simultaneously wit}~., and are heard in conjunction with, a rezoning; "5) Variances from any Lee County ordinance ~,hieh specifies that variances from said ordi- nances can ordy be granted by the Board of County Commissioners. "... Ail decisions of the Hearing Examiner concerning zoning matters under [Item D. Zon- ing Matters] shall be in the form of a recom- mendation to the Board of County Commission- ers." [Lee County, Fort Myers FL] Other hearing examiner zoning code provisions [Appendix E of the zoning code: Rules of Prac- tice and Procedure of the Zoning Commission- er, which is similar to a hearing, examiner]: "Rule 2: Petitions and Preliminary Review. "A. Acceptance. On receiving a petition, the Zoning Commissioner will refer it to the office staff and Zoning Plans Advisory Committee for examination and comment· If it is found to be in accordance with these rules, with the Balti- more County Code, with the Baltimore Count), Zoning Regu]ations, and with all reasonable requirements of the Committee, the Zoning Commissioner will accept the petition for filing and so notify the petitioner by letter· If it does not conform, the petitioner will be advis- ed of the defects which must be corrected be- fore the petition wilt be accepted for filing. "Rule 4. Hearings· "C. Subpoenas. "1. Subpoenas for witnesses may be signed and issued by the Zoning Commissioner and may be served by mail, served by an), person of fuI! age designated by the Zoning Commission- er, or served through the sheriff's office of an5' city or count5, of the State. "2. The Zoning Commissioner may cause sub- poenas and subpoenas duces tecum to be i~sued upon his own motion or upon the application of any party to an5, hearing or investigation; but subpoenas duces tecum will not be issued upon application unless such application is in writing and describes the books, papers, or other docu- ments to be produced. "3. No official or employee of the State of Maryland or of any city or county in the State of Maryland shall testify in any zoning hearing unless he shall come willingly or he has been summoned at least 5 days before the scheduled hearing. "F. k'ithdrawals. ' Ail requests for withdrawals of petitions mus~ be in writing and directed to the Zoning Commissioner. Any petitioner who desires to have his request withdrawn and dis- missed without prejudice must do so in writing as teast 10 business days prior to the hearing date. If a petition is withdrawn any time thereafter, it will be dismissed with prejudice and the case may not be resubmitted for a I I I I I I I I I I January 21, 1994 Issue