D.C. Mun. Regs. r. 19-717

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 19-717 - PRIORITY OF PERMITTED USES
717.1

Except for applicants for seasonal permits, the first applicant to submit a request for a permitted use shall have priority.

717.2

If more than one (1) applicant is seeking a permit for the same permitted use or equipment at the same time, the Department shall establish the following priority:

(a) Department-sponsored activities;
(b) Non-profit partners such as Programmatic Partners, Park Partners, and Collaborative Partners or designated organizations recognized by the Department in a written agreement;
(c) Athletic programs organized by DCPS, District public charter schools, or the DCSAA for competitive league play and not for intramurals;
(d) Youth non-profit organizations, including schools, principally serving District residents;
(e) Adult non-profit organizations principally serving District residents;
(f) Other organizations, groups, or individuals for private use that are based in the District; and then
(g) Others.
717.3

When more than one (1) applicant is seeking a permit for property or equipment for the same property at the same time, the Department may mediate between competing users and propose a reasonable and proportionate schedule of use, shared use, a proposed alternative property, or denial.

717.4

Pursuant to Subsection 717.3, DPR will weigh the following factors in mediation:

(a) Historical use: twenty-five percent (25%);
(b) The number of youth District residents served: twenty-five percent (25%);
(c) The use is not offered by other groups: twenty percent (20%);
(d) The use is the primary use intended for the property: fifteen percent (15%); and
(e) Other reasonable considerations by the Department: fifteen percent (15%).
717.5

As to the mediating parties, upon request, DPR will provide a written explanation of its decision as to the permit application.

717.6

When considering priority, the Department may block out time for open community use or for permitted activities that do not involve an organized league.

D.C. Mun. Regs. r. 19-717

15 DCRR §4.3 (August 10, 1970 and December 23, 1970); as amended by the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209), published at 57 DCR 7548 (August 20, 2010); amended by Final Rulemaking published at 63 DCR 8248 (6/10/2016
Authority: Pursuant to the authority under the District of Columbia Home Rule Act, approved December 24, 1973 ( P.L. 93-198; 87 Stat. 774; D.C. Official Code §§ 1-201.01 et seq).