D.C. Mun. Regs. tit. 11, r. 11-3015

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

Rule 11-3015 - NOTICE OF CONTESTED CASE HEARINGS

3015.1

Notice of a contested case hearing pursuant to § 3022 shall be given in accordance with § 3014 and the additional requirements of this section.

3015.2

Notice of the hearing published in the D.C. Register shall include lot, square, and street address of the property involved; and the number of the Advisory Neighborhood Commission (ANC) area in which the property is located. This notice shall also cite the requirements for participation as a party.

3015.3

At least forty (40) days prior to a hearing, the Commission shall mail a copy of the notice to:

(a) Owners of all property within two hundred feet (200 ft.) of the property included in the application; provided, however, in the case of a residential condominium or cooperative with twenty-five (25) or more dwelling units, mailed notice may be provided to the board of directors or to the association of the condominium or cooperative that represents all of the owners of all such dwelling units;

(b) Each person having a lease with the owner for all or part of any building located on the property involved in the application; and

(c) The ANC for the area in which the property is located, or for any other ANC that is within two hundred feet (200 ft.) of the property involved in the application.

3015.4

When a Zoning Map amendment, planned unit development, air space development, or Zoning Commission review and approval pursuant to chapters 16, 18, 28, and 29 of this title is requested by a property owner for the property owned, the applicant shall give additional notice of the public hearing by posting the property with notice of hearing at least forty (40) days in advance of the hearing.

3015.5

The notice required by § 3015.4 to be placed upon an applicant's property shall be posted in plain view of the public at each street frontage on the property and on the front of each existing building located on the subject property.

3015.6

All notices required by § 3015.4 shall be supplied by the Director, and shall show the:

(a) Calendar number of the application;

(b) Nature of the application;

(c) Name of the applicant;

(d) Property involved; and

(e) Location, time, and date of the public hearing.

3015.7

When required to post any notice by § 3015.4, the applicant shall file with the Director a sworn affidavit demonstrating compliance with §§ 3015.4 and 3015.5. This affidavit shall be filed not less than thirty (30) days prior to the public hearing. A form of affidavit supplied by the Director may be used, but is not required.

3015.8

The applicant shall attach to the affidavit a photograph of each sign after posting and as viewed by the public, identifying the street frontage or other location of each sign.

3015.9

The applicant shall make a reasonable effort to maintain the posting by checking the signs weekly and reposting when necessary. The applicant shall swear or affirm at the hearing that this has been done.

3015.10

Notice of the public hearing pursuant to § 3015.3 shall not be a jurisdictional prerequisite to action by the Commission. It shall be intended to offer supplemental notice only.

3015.11

If a failure of notice under § 3015.3 is alleged and proven, the Commission may consider all the surrounding circumstances, including the extent of actual notice received by the public from all sources, attendance at the public hearing, and the nature and extent of the proposed construction and use under the application, if approved. On the basis of these considerations, the Commission may determine whether the public hearing will be postponed, continued, or held as scheduled.

D.C. Mun. Regs. tit. 11, r. 11-3015

Final Rulemaking published at 46 DCR 7855, 7870-71 (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, 8545 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 6837, 6850 (July 9, 2004); as amended by Final Rulemaking published at 52 DCR 63, 72 (January 7, 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, 4818 (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 ).