D.C. Mun. Regs. tit. 11, r. 11-3010

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 11-3010 - APPLICATIONS AND PETITIONS

3010.1

Any proceeding before the Commission shall be initiated by the filing of an application or petition with the Commission on the form and in the number that the Commission may prescribe, except that the Commission may initiate a case on its own motion.

3010.2

Contested cases are adjudicatory in nature; present issues for resolution at a public hearing that potentially will affect a relatively small number of persons or properties; and involve primarily questions of fact applicable to a small number of persons or properties, while broader issues of public policy are secondary concerns. Contested cases include, without limitation, the following:

(a) Planned unit developments filed according to chapter 24 of this title;

(b) Requests for zoning map amendments filed by the property owner or owners for a single property or for multiple properties that are contiguous or are only separated by a street or alley;

(c) Applications for air space development; and

(d) Applications for Zoning Commission review and approval pursuant to chapters 16, 18, 28, and 29 of this title, as well as § 1709.21.

3010.3

Contested cases shall be initiated by the filing of an application. Public hearings on a contested case shall be processed and conducted according to the D.C. Administrative Procedure Act, D.C. Official Code § 2-509 (2001) (formerly codified at D.C. Code § 1-1509 (1999 Repl.)), and § 3022 of this chapter, unless the Commission determines otherwise pursuant to § 3010.7.

3010.4

Rulemaking cases are cases that are legislative in nature and cases in which the issues to be resolved at the public hearing may affect large numbers of persons or property or the public in general, including:

(a) A zoning text or map amendment that is proposed in furtherance of the Comprehensive Plan or other public law or policy;

(b) Cases in which the primary issues involve land use and urban planning and zoning policies, such as the development pattern of the city or a particular geographic area, population density, distribution of employment centers, traffic and transportation patterns, and related matters; and

(c) Cases in which the facts, information, and opinions sought for the public hearing are to come from a wide cross-section of the public.

3010.5

Rulemaking cases include:

(a) Proposals to amend the text of the Zoning Regulations;

(b) Proposals initiated by public agencies to amend the zoning map for a neighborhood, commercial district, or other geographic area encompassing multiple properties, unless determined otherwise by the Commission pursuant to § 3010.7; and

(c) Proposals initiated by private persons, organizations, or other entities to amend the zoning map in cases where:

(1) The petitioner does not own all of the property proposed to be rezoned; or

(2) The petitioner owns all of the property proposed to be rezoned, but the ownership pattern is geographically scattered or otherwise of a character that raises land use policy questions to a greater degree than highly localized issues of fact and effects on neighboring properties.

3010.6

Rulemaking cases are initiated by the filing of a petition. Public hearings shall be processed and conducted according to the provisions of § 3021, unless the Commission determines otherwise pursuant to § 3010.7.

3010.7

Notwithstanding the classifications of cases in §§ 3010.2 and 3010.5, the Commission may, on its own motion or at the request of any person, review and determine the designation of such case as a contested case or a rulemaking case based on the standards contained in §§ 3010.2 and 3010.4.

3010.8

A proceeding that is a contested case within the meaning of D.C. Official Code § 2-502(8) (2001)(formerly codified at D.C. Code § 1-1502(8)) (1999 Repl.)), shall be conducted pursuant to the requirements of the D.C. Administrative Procedure Act.

D.C. Mun. Regs. tit. 11, r. 11-3010

Final Rulemaking published at 46 DCR 7855, 7861-63 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8539-41 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 6837, 6849 (July 9, 2004); as amended by Final Rulemaking published at 52 DCR 63, 71 (January 7, 2005); as amended by Final Rulemaking and Order No. 06-32 published at 56 DCR 5052 (June 26, 2009); and as amended by Notice of Final Rulemaking published at 58 DCR 4788, 4816 (June 3, 2011)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).