D.C. Mun. Regs. tit. 11, r. 11-Y302

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

Rule 11-Y302 - ZONING APPEAL FILING REQUIREMENTS

302.1

Any person aggrieved or any officer or department of the government of the District of Columbia or the federal government affected by an order, requirement, decision, determination, or refusal made by an administrative officer or body, including the Mayor of the District of Columbia, in the administration or enforcement of the Zoning Regulations may file a timely zoning appeal with the Board. For the purposes of this subsection, a discretionary decision not to bring an enforcement action for a violation of the Zoning Regulations shall not be deemed a "refusal."

302.2

A zoning appeal shall be filed within sixty (60) days from the date the person appealing the administrative decision had notice or knowledge of the decision complained of, or reasonably should have had notice or knowledge of the decision complained of, whichever is earlier.

302.3

If the decision complained of involves the erection, construction, reconstruction, conversion, or alteration of a structure or part thereof, the following paragraphs shall establish the latest date on which a zoning appeal may be filed:

(a) No zoning appeal shall be filed later than ten (10) days after the date on which the structure or part thereof in question is under roof. For purposes of this subparagraph, the phrase "under roof" means the stage of completion of a structure or part thereof when the main roof of the structure or part thereof, and the roofs of any structures on the main roof or part thereof, are in place; and

(b) The provisions of this subsection shall not relieve an appellant of the jurisdictional requirement in Subtitle Y §§ 302.2 of filing a timely zoning appeal.

302.4

Notwithstanding Subtitle Y §§ 302.2 and 302.3, for purposes of establishing the timeliness of a zoning appeal under this subsection, an appellant shall have a minimum of sixty (60) days from the date of the administrative decision complained of in which to file an appeal.

302.5

A zoning appeal may only be taken from the first writing that reflects the administrative decision complained of to which the appellant had notice. No subsequent document, including a building permit or certificate of occupancy, may be appealed unless the document modifies or reverses the original decision or reflects a new decision.

302.6

The Board may extend the sixty (60) day deadline for the filing of a zoning appeal only if the appellant demonstrates that:

(a) There are exceptional circumstances that are outside of the appellant's control and that could not have been reasonably anticipated that substantially impaired the appellant's ability to file a zoning appeal to the Board; and

(b) The extension of time will not prejudice the parties to the zoning appeal.

302.7

Each appeal shall meet the requirements of this section before it will be accepted by the Office of Zoning for processing.

302.8

No appeal shall be processed until the application is complete and all required fees are paid in accordance with the applicable fee schedule.

302.9

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

302.10

An authorized representative may file a zoning appeal on behalf of the appellant. The zoning appeal shall include a letter signed by the appellant authorizing the representative to act on the aggrieved person's behalf with respect to the zoning appeal. The Board may at any time require additional evidence demonstrating the authority of the representative to act for the aggrieved person.

302.11

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

302.12

The appellant shall submit electronically all information required by the form at the time of filing the appeal, including:

(a) The name of the administrative official or public agency whose decision is the subject of the zoning appeal;

(b) A statement identifying the administrative decision appealed, by permit or certificate number, or other identifying information, together with a copy of the decision;

(c) The square(s) and lot(s) and/or street address of the property involved, and the zone district within which it is located;

(d) The name and address of the owner, lessee, operator, and/or contract purchaser of the property that is the subject of the appeal, if not the appellant;

(e) A statement demonstrating that the zoning appeal meets the jurisdictional requirement of timeliness, as specified in Subtitle Y §§ 302.2, which shall specifically indicate:

(1) The date upon which the appellant first had notice or knowledge of the decision being appealed; and

(2) The circumstances under which such notice or knowledge occurred;

(f) A statement as to how the appellant has standing to bring the appeal, specifically with regard to the administrative decision being appealed:

(1) For an appeal brought by an officer or department of the government of the District of Columbia or the federal government the statement shall explain how they are affected by the administrative decision; and

(2) For all other appeals, the statement shall explain how the appellant is aggrieved;

(g) A statement of the issues on appeal, identifying the relevant subsection(s) for each issue of the Zoning Regulations;

(h) All statements, information, briefs, reports (including reports and statements of experts and other witnesses), plans, photographs, or other exhibits that the appellant may wish to offer in evidence at the public hearing;

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

(j) A written summary of the testimony of all witnesses; and

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

302.13

An appeal may not be amended to add issues not identified in the statement of the issues on appeal submitted in response to Subtitle Y §§ 302.12(g) unless the appellee impeded the appellant's ability to identify the new issues identified.

302.14

Except for rebuttal or impeachment, the appellant may present no witness nor offer any document not previously identified in the filings required by Subtitle Y §§ 302 unless the presiding officer determines that the witness or document was not known or available to the appellant at the time the filings were due.

302.15

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

(a) The person whose administrative decision is the subject of the appeal;

(b) The owner, of the property involved in the administrative decision, if not the appellant; and

(c) The affected ANC, if not the appellant.

302.16

No later than twenty-one (21) days before the date of the public hearing on the zoning appeal, the appellant shall file with the Board any supplemental documents.

302.17

No later than seven (7) days before the public hearing, the appellee and all persons with party status and the affected ANC shall file any responsive briefs and supporting information, whether in support of or opposition to the appeal. All filings shall be accompanied by a certificate of service.

302.18

No later than three (3) days before the public hearing, the appellant may file a brief and supporting information in reply to any of the responsive briefs.

302.19

Upon motion by appellee, party, or intervenor and for good cause, the Board may elect to waive Subtitle Y §§ 302.17 and permit any responsive briefs and supporting information, whether in support of or opposition to the appeal at the public hearing.

D.C. Mun. Regs. tit. 11, r. 11-Y302

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