D.C. Mun. Regs. tit. 11, r. 11-Z201

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

Rule 11-Z201 - APPLICATIONS AND PETITIONS

201.1

Any contested case proceeding before the Commission shall be initiated by the filing of an application with the Commission on the form and in the manner that the Director may prescribe, except that the Commission may initiate a case on its own motion.

201.2

Contested cases are adjudicatory in nature, present issues for resolution at a public hearing that potentially have a limited scope of impact, and involve primarily questions of fact applicable to that limited scope of impact, while broader issues of public policy are secondary concerns. Contested cases include, without limitation, all applications that do not meet the requirements of a rulemaking case under Subtitle Z § 201.5. Contested cases include:

(a) Design review;

(b) Planned unit developments (PUDs);

(c) Campus plans and further processings;

(d) Air space development; and

(e) Map amendments filed by the property owner or owners for a single property or for multiple properties that are contiguous or are only separated by a street or alley;

201.3

Contested cases, as defined by D.C. Official Code § 2-502(8), shall be initiated by the filing of an application. Public hearings on contested cases shall be processed and conducted according to the provisions of D.C. Official Code § 2-509 (2012 Repl.) and Subtitle Z, Chapter 4, unless the Commission determines otherwise pursuant to Subtitle Z § 201.9.

201.4

Any rulemaking case proceeding before the Commission shall be initiated by the filing of a petition with the Commission on the form and in the manner that the Director may prescribe, except that the Commission may initiate a case on its own motion.

201.5

Rulemaking cases are legislative in nature and present issues for resolution at a public hearing that potentially affect large numbers of persons or property or the public in general, and include, without limitation, the following:

(a) Amendments to the text of the Zoning Regulations; and

(b) Map amendments pursuant to Subtitle Z § 201.7.

201.6

Except for cases initiated by the filing of an Office of Planning report or by the Commission on its own motion, rulemaking cases, as defined by D.C. Official Code § 2-502(7), shall be initiated by the filing of a petition. Public hearings on rulemaking cases shall be processed and conducted according to the provisions of D.C. Official Code § 2-505 (2012 Repl.) and Subtitle Z, Chapter 5, unless the Commission determines otherwise pursuant to Subtitle Z § 201.9.

201.7

Map amendments in rulemaking cases may be initiated by:

(a) Public agencies to amend the zoning map for a neighborhood, commercial district, or other geographic area encompassing multiple properties, unless determined otherwise by the Commission pursuant to Subtitle Z § 201.9; and

(b) Private persons, organizations, or other entities to amend the zoning map in cases where:

(1) The petitioner does not own all of the property proposed to be rezoned; or

(2) The petitioner owns all of the property proposed to be rezoned, but the ownership pattern is geographically scattered or otherwise of a character that raises land use policy questions to a greater degree than highly localized issues of fact and effects on neighboring properties.

201.8

In a rulemaking case before the Commission, including, but not limited to, those cases described in Subtitle Z § 201.5, there are no parties or motions.

201.9

Notwithstanding the classifications of cases in Subtitle Z §§ 201.2 and 201.5, the Commission may, on its own motion or at the request of the applicant, petitioner, or affected ANC, determine the designation of such case as a contested case or a rulemaking case based on the standards contained in Subtitle Z §§ 201.2 and 201.5.

D.C. Mun. Regs. tit. 11, r. 11-Z201

Final Rulemaking published at 63 DCR 2447 (9/6/2016)