The term "General Plan" shall mean a map, with accompanying data, including charts, plats, and descriptive matter, which outlines the prospective overall development of the entire Metropolitan Washington Area, or of both Montgomery and Prince George's Counties, and is prepared in cooperation with the planning authorities of other jurisdictions. There shall be only one general plan in force and effect in Prince George's County. The term "Master Plan" shall mean a map, with accompanying data, of the County or of one or more planning areas of the County. Planning areas shall be predetermined by law and shall be substantially equal in geographic size, except that an incorporated municipality or urban renewal district may constitute a planning area. Said plan, when organized by planning area, shall on a comprehensive basis assign a prospective land use, either of a public or private character, to each particular piece, parcel, or tract of land lying within the said planning area. Said plan, when organized on a county-wide basis shall, consistent with local area plans, assign the specific locations throughout the County of particular public improvements, including, but not limited to, roads, schools, firehouses, water lines, or sewer lines. A master plan shall contain an estimate of the cost of all public facilities which must be acquired and constructed in order to carry out the objectives and requirements of the plan. A master plan hereafter adopted and approved shall be of no force and effect until it is adopted and approved in compliance with procedures established by law, including requirements for notice and public hearing. After final adoption and approval, a master plan organized on a planning area basis may be amended only for the entire area encompassed by the plan. A master plan may contain a time schedule estimating the completion of development of various phases or portions thereof. The adoption and approval of a master plan shall not give rise to a presumption that a change has occurred in the condition or character of the neighborhood in which any piece, parcel, or tract of land is located, nor shall such adoption and approval, in and of itself, warrant the approval of any application for reclassification. The term "Comprehensive Zoning Map" shall mean an ordinance in the form of a map, which, by its provisions, assigns to each particular piece, parcel, or tract of land contained within its boundaries a particular zoning classification. Such map may not be adopted for an area smaller than a planning area, as that term is used in the definition herein of master plan. The term "Zoning Map Amendment" shall mean a reclassification from one zoning category or subcategory established by the text of the zoning ordinance, to another zoning category or subcategory so established, of any piece, parcel, or tract of land which is smaller than a planning area, as that term is used in the definition herein of master plan. Any "Person of Record" shall include the applicant for a zoning map amendment or special exception to a zoning regulation, or any municipality, taxpayer or association of taxpayers in Prince George's County who appears in a zoning case in person, in writing, or by counsel at any time prior to the final decision therein. The term "Zoning Case" shall mean any application or consideration of a zoning map amendment or special exception to a zoning regulation.

The County Executive, by executive order, or the Council, by legislative act, may direct the initiation of a master plan to the extent that funds are available.

All proposed master plans, and the portion of a proposed general plan applicable to Prince George's County shall, prior to final approval, be submitted to the County Executive for review. Within sixty calendar days after receipt thereof, the County Executive shall forward the said plan to the Council, together with his recommendations thereon. The Council, in turn, shall, by legislative act, approve, reject, modify or revise said plan, in accordance with the procedures established by law and by Sections 317, 319, and 411 of this Charter.

The Council shall have the authority to adopt and amend the text of a zoning ordinance, and to adopt comprehensive zoning maps, by legislative act in accordance with the procedures established by law and by Sections 317, 319, and 411 of this Charter.

Subject to the provisions of law and of Sections 706, 707, 708, 709, 710, and 711 of this Charter, the Council shall have the exclusive authority to approve zoning map amendments and to grant special exceptions to zoning regulations, which shall be exempt from the referendum and executive veto provisions of this Charter.

Before any zoning map amendment or special exception to a zoning regulation may be granted, there shall be a public hearing thereon before either the Council or a zoning hearing examiner, 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. 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. All persons who appear to testify in any zoning case shall be sworn and reasonable cross-examination of witnesses shall be permitted. 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 was frivolous or oppressive. 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. 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 evidence to supply a defect in proof.

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. The votes or abstentions thereon of all members of the Council must be recorded. The decision, findings, conclusions, and votes of the Council thereon shall be served upon all persons of record. A majority vote of the full Council shall be necessary to grant any zoning map amendment or special exception to a zoning regulation. 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. 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.

No amendment to an application in a zoning case shall be permitted after notice of public hearing is given. 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 previous application. After two such applications on substantially the same land shall have been acted upon, a period of four calendar years must elapse before another application may be filed. Staff studies of any agency or commission in the nature of land development plans which have not been subjected to the procedures and requirements for the adoption and approval of a master plan shall not be used as any part of the basis for the approval of applications in zoning cases. A zoning map amendment may not be approved subject to a condition or qualification which is not uniformly applicable throughout the County to all land in the same zoning classification. No zoning classification shall be a floating zone. State and County officials may not appear in a representative capacity on behalf of any private party in any zoning case. The Council may by law require that, subsequent to the granting of a zoning map amendment, a site plan shall be filed and approved as a prerequisite for the issuance of a building permit. Such law shall contain standards for approval and shall require that notice of the filing of the site plan be given to adjacent property owners and to any municipality in which the land is located and that a public hearing shall be held prior to the approval of the site plan.

All public officials participating in the decision on, or the processing of, any application in any zoning case shall file a public statement under oath, not later than July 1 of each year, with the Clerk of the Circuit Court for Prince George's County, disclosing any interest in land located in Prince George's County held by himself or his spouse during the preceding year. As used herein, interest includes both legal and equitable interest and includes the ownership of more than five percent of the stock in any corporation which holds an interest in land in Prince George's County. All public officials participating in the decision on, or the processing of, an application in a zoning case shall annually file copies of their federal and state income tax returns with the Chief Judge of the Seventh Judicial Circuit. Said returns may be disclosed by the Chief Judge to any law enforcement officer as the public interest may require.

The Council may, subject to the provisions of Article IX of this Charter, employ one or more hearing examiners to conduct public hearings in zoning cases. An examiner shall be an attorney admitted to practice before the highest court of a state or of the District of Columbia, shall possess judicial temperament, shall have at least five years experience in administrative litigation, and shall demonstrate a knowledge of administrative and zoning law, practice, and procedure by competitive written examination. Said examiners shall be subject to the provisions of Sections 709, 1001, and 1002 of this Charter.

In all cases delegated by the Council to a zoning hearing examiner, he shall conduct a full and complete public hearing upon the application in question, subject to all the requirements and restrictions imposed by law upon the Council. He shall be empowered to swear witnesses and to request subpoenas from the Council. After the conclusion of the hearing, he shall prepare and serve upon all persons of record a written decision which shall contain specific findings of basic facts, conclusions of law, and a recommended disposition of the case. Within thirty calendar days after service of the said decision, any person of record may file exceptions to any portion of the decision and may request oral argument thereon before Council. The Council shall grant such request and shall give at least ten calendar days notice of the time and place of the argument to all persons of record. In the event no exceptions or request for oral argument is filed within thirty calendar days from the service of said decision, the Council may act forthwith upon the application in accordance with Section 707 of this Charter. The Council shall in all cases, decide finally each application by record vote within 90 calendar days after the hearing examiner files his decision, in accordance with Section 707 of this Charter.

The County Executive shall appoint one or more attorneys, who are members of the bar of Maryland and are experienced in zoning law and procedure, to serve as People's Zoning Counsel. Their compensation shall be contained in the annual budget, and they shall be provided such clerical and other assistance as may be determined by the annual budget. They shall be subject to the provisions of Sections 709, 1001, and 1002 of this Charter. It shall be the duty of the People's Zoning Counsel to appear at all hearings on zoning cases, whether before the Council or a hearing examiner, for the purposes of protecting the public interest and insuring the compilation of a full and complete record. The People's Zoning Counsel may summon, examine and cross-examine witnesses, introduce documentary evidence into the record, file exceptions, and make such argument to the hearing examiner or the Council as the law and the evidence in the case may warrant.

In addition to any person otherwise entitled to judicial review of a final decision of the Council in a zoning case, any person of record shall be entitled to judicial review of said decision without the necessity of pleading or proving any special loss, injury, or grievance. Any person or class of persons entitled to judicial review of a zoning case in the Circuit Court for Prince George's County may appeal a final decision of said Court in such case to the Court of Appeals by filing a timely appeal in accordance with the Maryland Rules of Procedure.

During the existence of the Prince George's County District Council of the Maryland-Washington Regional District, said District Council shall be the County Council and shall be subject to all of the restrictions, limitations, and modifications contained in this Charter.

The Council shall adopt and publish rules of procedure pertaining to zoning cases not inconsistent with the provisions of this Article.