Sec. 59-H-6.1. Basis and types of action.

An application for a map amendment shall be decided on the basis of the evidence of record; provided, that any application heard by a hearing examiner may be decided solely on the basis of the hearing examiner's report. The fact that an application complies with all of the requirements of the zone applied for shall not be sufficient to require the granting of the application.

An application for a local map amendment shall be either approved or denied on the merits, or denied for want of the necessary total of affirmative votes as provided in section 59-H-8.2, or dismissed or allowed to be withdrawn. The district council may dismiss any such application if it finds that the application does not conform to any stated procedural requirements of this article, or the application is not acceptable for filing because filed within the time limitations of subsection 59-H-2.23, or the application is frivolous or filed for purposes of harassment.

   Editor’s note-The above Section is cited in Montgomery County v. Greater Colesville Citizens Association, 70 Md.App. 374, 521 A.2d 770 (1987).