D.C. Mun. Regs. tit. 11, r. 11-3011

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

Rule 11-3011 - REVIEW AND PROCESSING OF APPLICATIONS AND PETITIONS

3011.1

Except as provided in § 2523.4, as soon as an application or petition is accepted for filing by the Director of the Office of Zoning, the Director shall place a copy of the application or petition in the public record of the Commission and refer a copy to the D.C. Office of Planning for review and recommendation on whether the matter should be processed further, except that the applications for Zoning Commission review and approval filed pursuant to chapters 16, 18, 28, and 29 of this title, which are deemed complete by the Director, shall be immediately scheduled for hearing consistent with the notice provisions of this chapter. The exception from the requirements of this subsection shall not apply to an application for Zoning Commission approval pursuant to § 1612 unless accompanied by a written report of the Office of Planning certifying that the application is compliant with the standards of that section.

3011.2

The report of the Office of Planning on whether the matter should be set for public hearing shall be in writing and filed with the Director of the Office of Zoning at least ten (10) days prior to the meeting at which it is to be considered by the Commission, and forthwith shall be filed in the public records of the Commission.

3011.3

After considering the application or petition and the recommendations of the Office of Planning, and after reasonable opportunity for the applicant or petitioner to present the applicant's or petitioner's views, the Commission may dismiss the application or petition or set it down for public hearing or other proceeding.

3011.4

The vote of a majority of the full Commission shall be required to deny or dismiss an application or petition without a hearing. The vote of a majority of the members present may set the matter down for a public hearing or other proceeding.

3011.5

If the matter is denied or dismissed without a public hearing, the Commission shall issue a dismissal order, copies of which shall be published in the D.C. Register, served on the applicant or petitioner, and provided to the public library system and to the appropriate locations. The order shall include a statement of reasons for the dismissal.

3011.6

If the Commission denies or dismisses an application or petition without prejudice, the order shall also state the type of modification the Commission considers appropriate.

3011.7

If the matter is set down for a public hearing, the Commission shall at the same meeting:

(a) Confirm whether the matter will be heard as a contested or rulemaking case according to the standards in § 3010 and provide that the notice of hearing will state such classification;

(b) Schedule the date or dates for the public hearing, providing for an adequate number of public hearing sessions within a short time span, taking into account the nature and complexity of the case as presented in the report of the Office of Planning and any additional comments by the Office of Planning or the Director of the Office of Zoning; and

(c) Make every effort to expedite cases regarding which the Office of Planning report and comments at the meeting suggest that:

(1) The case has substantial merit in the public interest;

(2) The issues in the case are relatively straight forward, and few if any modifications to the proposal are likely to be necessary; and

(3) Little or no opposition has yet appeared, and the concerns at this preliminary stage appear to be capable of resolution in an expedited processing.

3011.8

In expediting certain cases as provided in § 3011.7(c), the Commission shall ensure that large or more complex cases of great import to the public interest are not delayed or are only delayed to a minor degree.

3011.9

An applicant or petitioner granted a public hearing and other processing shall be so notified and informed of any other requirements of the Commission.

D.C. Mun. Regs. tit. 11, r. 11-3011

Final Rulemaking published at 46 DCR 7855, 7863-66 (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, 8541 (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 published at 52 DCR 9874, 9886 (November 4, 2005); as amended by Final Rulemaking and Order No. 04-05 published at 56 DCR 6181 (August 7, 2009); as amended by Final Rulemaking and Order No. 09-10 published at 57 DCR 3487 (April 23, 2010); 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 ).