D.C. Mun. Regs. tit. 11, r. 11-3100

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 11-3100 - JURISDICTION; AUTHORITY; POWERS

3100.1

The Board of Zoning Adjustment shall have original jurisdiction to grant variances under § 3103 and special exceptions under § 3104, and to exercise all other powers authorized by the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended, D.C. Official Code §§ 6-641.01 to 6-641.15 (formerly codified at D.C. Code §§ 5-413 to 5-432 (1994 Repl. & 1999 Supp.))) (the "Zoning Act").

3100.2

The Board, pursuant to the Zoning Act, shall also hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, determination, or refusal made by any administrative officer or body, including the Mayor, in the administration or enforcement of the Zoning Regulations, Title 11 DCMR.

3100.3

The rules prohibiting ex parte communication in Commission contested cases, as set forth in § 3023 of this title, apply to all applications and appeals before the Board and commence upon the filing of such proceedings.

3100.4

In an appeal, the Board may, in conformity with the Zoning Act, D.C. Official Code § 6-641.07(g)(4) (formerly codified at D.C. Code § 5-424(g)(4) (1994 Repl.)), "reverse or affirm, wholly or partly; or may modify the order, requirement, decision, determination, or refusal appealed from; or may make any order that may be necessary to carry out its decision or authorization; and to that end shall have all the powers of the officer or body from whom the appeal is taken."

3100.5

Except for §§ 3100 through 3105, 3121.5 and 3125.4, the Board may, for good cause shown, waive any of the provisions of this chapter if, in the judgment of the Board, the waiver will not prejudice the rights of any party and is not otherwise prohibited by law.

3100.6

No appeal or application shall be dismissed on the grounds that the appellant or applicant failed to comply with the provisions of this chapter unless, after due notice of the deficiency and expiration of a reasonable time as fixed by the Board, the deficiency has not been corrected, except that the Board may dismiss an application or appeal if the applicant or appellant fails to appear at a hearing without explanation.

3100.7

The Board shall not consider informal requests for advice or moot questions.

D.C. Mun. Regs. tit. 11, r. 11-3100

Final Rulemaking published at 46 DCR 7853, 7853-89 (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, 8551 (October 20, 2000); as amended by Final Rulemaking published at 47 DCR 9741, 9742 (December 8, 2000); as amended by Final Rulemaking published at 60 DCR 8967 (June 14, 2013)

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 ).