D.C. Mun. Regs. tit. 11, r. 11-3113
The rules of procedure in this section apply to all applications filed with the Board (including applications filed pursuant to §§ 3107 and 3108 in effect prior to October 1, 1999, and §§ 3103 and 3104); provided, however, the provisions of this section only apply to chancery applications to the extent specified in § 3134 and to applications processed under the expedited review procedures to the extent specified in § 3118.
As an alternative to filing the zoning memorandum as required by the application form, applications for variances and special exceptions may be filed with the Director by architects or attorneys without the necessity of prior certification by the Zoning Administrator, provided that the architect or attorney certifies that the requirements set forth in the immediately following sentence are true and correct. Such architect or attorney shall certify to the Board that:
The owner of property for which application is made may file an application with the Board.
An authorized agent may file an application on behalf of the owner. The application shall include a letter signed by the owner authorizing the agent to act on the owner's behalf in respect of the application. The Board may at any time require additional evidence demonstrating the authority of the agent to act for the owner.
Each application to the Board shall be made on the appropriate form provided by the Board. All information required by the form shall be furnished by the applicant at the time of filing the application, including:
At the time of filing the application, any fee established by the Mayor of the District of Columbia shall be paid to the District of Columbia Treasurer.
Each application, along with any appeal filed pursuant to § 3112, shall be numbered serially and docketed, and may be placed upon the calendar of the Board by geographic areas by the Director. When the application is accepted, a copy of the application form shall be sent to the ANC for the area within which the property is located.
No later than fourteen (14) days before the date of the hearing for the application, the applicant shall file with the Board any additional statements, information, briefs, reports (including reports or statements of expert and other witnesses), plans, or other material that the applicant may wish to offer into evidence at the hearing. Any map, plan, or other document, or matter readily available to the general public need only be fully referenced and the source given by the applicant in place of filing a copy.
If the application includes a report by a transportation consultant or expert, the applicant shall provide a copy of the report to the Department of Transportation at least twenty (20) days prior to the public hearing.
The applicant may withdraw an application at any time. Withdrawal shall not authorize the removal of any document from the files of the Board. The application fee shall not be refunded upon withdrawal. Without leave of the Board, a new application shall not be accepted for filing again for at least ninety (90) days after withdrawal of the application.
Without leave of the Board, an application dismissed by the Board for failure to comply with the procedural requirements of this title shall not be accepted for filing again for at least ninety (90) days after the date of the order dismissing the application.
Notice of a public hearing on an application shall include the number of the application, the nature of the application, the name of the applicant, the property involved, the ANC for the area within which the property is located, and the location, time, and date of the public hearing.
Notice of the public hearing shall be given by the Director not less than forty (40) days before the date of the hearing by:
The applicant shall give additional notice of the public hearing by posting the property with notice of the hearing at least fifteen (15) days in advance of the hearing.
The applicant shall post notice at each street frontage on the property involved and on the front of each building located on the subject property. Each notice shall be in plain view of the public.
Notices for posting shall be supplied by the Director showing the number of the application, the nature of the application, the name of the applicant, the property involved, the ANC for the area within which the property is located, and the location, time, and date of the public hearing.
In the case of an application for approval of a college or university campus plan, the notice shall be posted on all frontages of the property included within the plan that face any property not owned by the college or university.
The applicant shall make a reasonable effort to maintain the posted notice by checking the signs at least once every five (5) days, and by posting new notice(s) as necessary.
At least five (5) days prior to the public hearing, the applicant shall file with the Board a sworn affidavit demonstrating compliance with § 3113.15. A form of affidavit supplied by the Board may be used but shall not be required.
The applicant shall attach to the affidavit described in § 3113.15 a photograph of each sign after posting and as viewed by the public, identifying the street frontage and location of each sign.
At the time of the hearing on the application, the Board shall consider any request for party status made pursuant to § 3106.2.
The Board shall grant party status only if the person requesting party status has clearly demonstrated that the person's interests would likely be more significantly, distinctively, or uniquely affected in character or kind by the proposed zoning relief than those of other persons in the general public.
D.C. Mun. Regs. tit. 11, r. 11-3113