Section 11-3000. GENERAL PROVISIONS

 

3000.1This chapter supplements procedures set out in the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code §§ 6-641.01 to 641.15 (2001) (formerly codified at D.C. Code §§ 5-413 to 5-432 (1994 Repl. & 1999 Supp.))); the Zoning Regulations of the District of Columbia, Title 11 DCMR; and the D.C. Administrative Procedure Act, D.C. Official Code §§ 2-501 to 2-511 (formerly codified at D.C. Code §§ 1-1501 to 1-1510 (1999 Repl.)).

 

3000.2This chapter shall be effective on October 1, 1999, and applicable in its entirety to applications or petitions filed after that date with the Zoning Commission for the District of Columbia, and to applications or petitions filed as of that date, but for which the Commission had not granted a public hearing.

 

3000.3No application or petition shall be dismissed on the grounds that the applicant or petitioner failed to comply with the provisions of this chapter unless, after due notice of deficiency and expiration of a reasonable time as fixed by the Commission, the deficiency has not been corrected.

 

3000.4In any conflict between the provisions of this chapter and the Zoning Regulations, the Zoning Regulations shall govern.

 

3000.5In any conflict within this chapter between general and specific provisions, the specific provisions shall govern.

 

3000.6In any conflict between this chapter and the D.C. Administrative Procedure Act, the Act shall govern.

 

3000.7The Director shall, following approval by the Commission, issue and revise application and petition forms and instructions to ensure presentation of adequate information required for the understanding and processing of applications and petitions.

 

3000.8The Commission may, for good cause shown, waive any of the provisions of this chapter if, in the judgment of the Commission, the waiver will not prejudice the rights of any party and is not otherwise prohibited by law.

 

3000.9Legal advice from the Office of the Attorney General may be requested or received at any time.

 

authority

Unless otherwise noted, the authority for this chapter is the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 737, as amended; D.C. Official Code §§ 6-641.01 to 6-641.15 (2001) (formerly codified at D.C. Code §§ 5-413 to 5-432 (1994 Repl. & 1999 Supp.))).

source

Final Rulemaking published at 46 DCR 7853, 7855-7856 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8537-38 (October 20, 2000).