D.C. Mun. Regs. tit. 11, r. 11-Y300

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 11-Y300 - APPLICATION REQUIREMENTS: SPECIAL EXCEPTION AND VARIANCE

300.1

Each application seeking approval of a special exception or variance pursuant to Subtitle X, Chapter 9 shall meet the requirements of this section before it will be accepted by the Office of Zoning for processing.

300.2

No special exception or variance application shall be processed until the application is complete and all required fees are paid in accordance with the applicable fee schedule prescribed in Subtitle Y, Chapter 16.

300.3

The application shall be filed on a form as may be designated by the Director.

300.4

The owner of property for which zoning relief is sought, or an authorized representative, shall file an application with the Office of Zoning.

300.5

If the owner will be represented by a third party, including the lessor or contract purchaser of the property, a letter of authorization signed by the owner authorizing the representative to act on the owner's behalf with respect to the application, and a certification signed by the representative that they have read the Board's Rules of Practice and Procedure (Subtitle Y) and are able to competently represent the owner shall be submitted into the record. The Board may at any time require additional evidence demonstrating the authority of the representative to act for the owner.

300.6

An application shall contain either:

(a) A memorandum from the Zoning Administrator stating that a building permit application has been filed and certifying the required zoning relief; or

(b) A certification by an architect or attorney certifying the required zoning relief and that:

(1) The architect or attorney is duly licensed to practice in the District of Columbia;

(2) The architect or attorney is currently in good standing and otherwise entitled to practice in the District of Columbia; and

(3) The relief requested is required in order for the proposed structure to be erected or the proposed use to be established.

300.7

Each application shall be made in an appropriate manner provided by the Director.

300.8

In addition to the memorandum or certification required by Subtitle Y §§ 300.6 and the information required by Subtitle Y §§ 300.5 relating to appearance and representation, the applicant shall submit the following information electronically and deliver to the Office of Zoning two (2) sets of mailing labels containing the information in Subtitle Y §§ 300.8(g) below:

(a) A completed application form;

(b) A plat, drawn to scale and certified by a survey engineer licensed in the District of Columbia or by the D.C. Office of the Surveyor, showing the boundaries and dimensions of the existing and proposed structures and accessory buildings and structures on the specific piece of property, if necessary;

(c) Architectural plans and elevations in sufficient detail to clearly illustrate any proposed structure to be erected or altered, landscaping and screening, and building materials, and where applicable, parking and loading plans;

(d) A detailed statement of existing and intended use of the structure, or part thereof;

(e) A detailed statement of how the application meets each element of the review standards for special exceptions specified in Subtitle X §§ 901, or for variances specified in Subtitle X §§ 1002;

(f) Three (3) or more color images, not to exceed letter-size (81/2 in. x 11 in.), showing the pertinent features of the structure, and property involved (front, rear, and sides, if possible and applicable);

(g) The name and addresses of the owners of all property located within two hundred feet (200 ft.) of the subject property; and names and addresses of each lessee having a lease with the owner for all or part of any building located on the property involved in the application; however, in the case of a residential condominium or cooperative with twenty-five (25) or more dwelling units, notice may be provided to the board of directors of the association of the condominium or cooperative that represents all of the owners of the dwelling unit;

(h) The name and address of each person having a lease with the owner for all or part of any structure located on the property involved in the application;

(i) A copy of the certificate of occupancy or other documentation showing the current authorized use(s) on the property. In cases where a change in one (1) nonconforming use to another nonconforming use is requested, a copy of the certificates of occupancy or other documentation showing the past authorized uses;

(j) A copy of the resume of any expert witness who will be testifying in the case;

(k) A written summary of the testimony of all witnesses;

(l) A statement of the efforts that have been made to apprise the affected ANC and other individuals and community groups concerning the application, and the public outreach efforts the applicant plans to undertake accompanied by a pledge to supplement the record regarding any outreach efforts at least twenty-one (21) days before the public hearing; and

(m) If a map, plan, or other document is readily available to the general public, in lieu of filing a copy of the document, the applicant may provide a complete citation to the source of the document and indicate where the public may view the document.

300.9

An application for a school plan shall also include a plan for the school showing the location, height, and bulk, where appropriate, of all present and proposed improvements, including, but not limited to, the following:

(a) Buildings and parking and loading facilities;

(b) Screening, signs, streets, and public utility facilities;

(c) Athletic and other recreational facilities;

(d) A description of all activities conducted or to be conducted on the school, and of the capacity of all present and proposed school development; and

(e) Any other relevant information.

300.10

Except as provided in Subtitle Y §§ 300.14 and 300.15 with respect to traffic and transportation reports, all statements, information, briefs, reports (including reports and statements of experts and other witnesses), plans, photographs, or other exhibits that the applicant may wish to offer in evidence at the public hearing shall be filed at the time of filing the application.

300.11

No application shall be accepted unless accompanied by a certificate of service demonstrating that a copy of the application and all accompanying documents have been served upon:

(a) The Office of Planning; and

(b) The affected ANC.

300.12

Nothing in this subsection is intended to affect the discretion of the Director to reject an application for failure to comply with the provisions of this subsection or this title.

300.13

If the application includes a report by a transportation consultant or expert, the applicant shall provide a copy of the report to the District Department of Transportation on the same day of filing with the Office of Zoning.

300.14

No later than thirty (30) days before the date of the public hearing on the application, the applicant shall file with the Board any traffic or transportation reports to be submitted in support of the application. All such reports shall include the resume of the expert who prepared the report. At or before the time of filing the traffic or transportation report with the Board, the applicant shall serve a copy of the report on the affected ANC, the Office of Planning, and the District Department of Transportation.

300.15

No later than thirty (30) days before the date of the hearing for the application, the applicant shall file with the Board any supplemental statements, information, briefs, reports (including reports or statements of expert and other witnesses), plans, or other supplemental 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.

300.16

No application shall be modified less than thirty (30) days prior to the public hearing.

300.17

Upon motion by the applicant and for good cause shown, the Board may elect to waive Subtitle Y §§ 300.15 and 300.16 and permit modification of the application at the public hearing.

300.18

Except for rebuttal or impeachment, the applicant may not offer any document not previously identified in the required filings, unless the presiding officer determines that the witness or document was not known or available to the applicant at the time the filings were due.

D.C. Mun. Regs. tit. 11, r. 11-Y300

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 71 DCR 9667 (8/2/2024)