§ 5-404. Actions taken.

(a) Review standards.

The Board of Municipal and Zoning Appeals or the City Council, as the case may be, must evaluate the request for a conditional use, based on the evidence presented at the public hearing, in accordance with the standards in § 5-406 {"Approval standards"} of this subtitle.

(b) Procedures before the BMZA.

(1) Public hearing required.

(i) The Board of Municipal and Zoning Appeals must consider a proposed conditional use and conditional sign in a public hearing.

(ii) Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {"Notices"} of this Code.

(iii) Except as provided in subsection (b) of this section, the hearing must be concluded no more than 90 days from the Board's receipt of the completed application.

(iv) If the Department of Planning or other City agency or official fails to timely submit its written report and recommendations, the Board of Municipal and Zoning Appeals may proceed without that report and recommendations.

(2) Waiver of time limit.

(i) If, in the judgment of the Board of Municipal and Zoning Appeals, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Board may request additional information from the applicant or from City agencies or officials.

(ii) In that event, the 90-day period will be suspended or the public hearing continued pending receipt of all requested information.

(iii) The applicant may also waive this time limit by requesting a postponement from the Board of Municipal and Zoning Appeals.

(3) Decision of Board.

(i) The Board of Municipal and Zoning Appeals must render its written decision, approving, approving with conditions, or denying the application within 30 days of the close of the public hearing.

(ii) The Board may extend this period for up to an additional 60 days for good cause on a majority vote of the Board at a publicly scheduled meeting.